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2023.02.10 Motion for Judgment on the Pleadings 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.10
Excerpt: ...”), and Calistoga Ranch Club (collectively, “Plaintiffs”) move for judgment on the pleadings with respect to Defendants and Cross-Complainants AIG Specialty Insurance Company (“AIG”), Arch Specialty Insurance Company (“Arch”), Landmark American Insurance Company (“Landmark”), Homeland Insurance Company of New York (“Homeland”), and Interstate Fire & Casualty Company's (“Interstate”) (collectively, “Insurers”) two cau...
2023.02.09 Motion for Judgment on the Pleadings, to Compel Further Responses 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.09
Excerpt: ...low further briefing as discussed herein. Plaintiffs Auberge Resorts LLC (“Auberge”), Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling further responses to Plaintiffs' Requests for Production of Documents and Tangible Things, Set One, to Defendants AIG Specialty Insurance Company (“AIG”), A...
2023.02.09 Motion for Entry of Final Judgment on Operative Complaint 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.09
Excerpt: ...s RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”) (collectively, “Defendants”). Third Street's Request for Judicial Notice of the court records (Exhibits 1-7) is GRANTED. Defendants' Request for Judicial Notice of corporate documents (Exhibits A-F) is DENIED on the grounds that none of the subject documents are relevant to the Court's resolution of the issues raised by the present motion. B. Parties' Contentions Th...
2023.02.07 Petition to Quash Subpoena 608
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.07
Excerpt: ... Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not movi...
2023.02.02 Motion to Compel Deposition of PMQ 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...
2023.02.02 Demurrer to SAC 270
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...rder and Defendants thereafter deny or delay coverage. A. Procedural Matters Defendants Hallmark Specialty Insurance Company (“Hallmark”), Western World Insurance Company (“Western World”), and AXIS Surplus Insurance Company (“AXIS”) (collectively, “Moving Defendants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the Second Amended Complaint (“SAC”) filed by Plaintiff Spring Mountain Vineyards...
2023.02.02 Demurrer 360
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...t to constitute a defense as required by [Code of Civil Procedure section] 430, subdivision (a), misstates facts or asserts an inapplicable defense.” (Notice at 1‐2.) As an initial matter, the Court notes that Code of Civil Procedure section 430 was repealed in 1972. That said, Plaintiff provides the applicable statutory grounds for her demurrer in her support memorandum. (See Support Memo at 1:19‐21, citing Code Civ. Proc., § 430.20.) The...
2023.02.01 Motion to Strike FAC 314
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.01
Excerpt: ...ex parte application seeking an order to, among other relief, continue the deadline by which Plaintiffs were required to file the FAC. The matter came on ex parte on August 23, 2022, with Micheal A. Thompson appearing on behalf of Plaintiffs and Nathaniel Bigger appearing on behalf of Defendants. (See August 23, 2022 Minute Order (8/23 M.O.). The 8/23 M.O. states, “Counsel advised the Court that they had entered into a Stipulation as follows:.....
2023.01.31 Motion to Compel Further Responses 286
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.31
Excerpt: ...2033.290, for an order compelling Cross‐Defendant Albert Czap to serve further verified responses, without objections, to Form Interrogatory Nos. 2.11, 12.4, 13.1, and 17.1 and Request for Admissions Nos. 1‐3, 9‐10, 13‐16, and 21‐26 on the grounds that Czap “has failed, without justification, to serve proper responses to these Discovery Requests.”1 (Notice of Motion at 2:4‐8, 11‐13.) Wang also moves, pursuant to sections 2023.01...
2023.01.31 Demurrer to SAC 460
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.31
Excerpt: ...lfth, Thirteenth, Sixteenth, and Seventeenth Causes of Action in the Second Amended Complaint (“SAC”) filed by Plaintiff Genevieve Walsh (“Plaintiff”). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirem...
2023.01.18 Demurrer to SAC 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...
2023.01.18 Motion for Entry of Judgment Pursuant to Written Settlement 412
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...�Defendants”). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or con...
2023.01.18 Motion for Summary Judgment, Adjudication 062
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...
2023.01.10 Motion for Summary Judgment, Adjudication 794
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.10
Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may...
2022.12.30 Demurrer to FAC 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.30
Excerpt: ...k of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...
2022.12.29 Motion to Compel Further Responses 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.29
Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...
2022.12.29 Motion for New Trial 055
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.29
Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...
2022.12.16 Motion to Compel Further Responses 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.16
Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...
2022.12.16 Motion for Attorney Fees 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.16
Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...
2022.12.15 Motion to Strike 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.15
Excerpt: ...y shall request oral argument pursuant to Local Rule 2.9 and provide an explanation. I. PROCEDURAL MATTERS Defendants Hoopes Family Winery Partners, LP, Hoopes Vineyard LLC, and Lindsay Blair Hoopes (“Hoopes” or “Defendants”) move, pursuant to Code of Civil Procedure sections 435 and 436, to strike certain portions of the Complaint filed by Plaintiffs Napa County and the 32 People of the State of California ex rel. Thomas Zeleny, as Inter...
2022.12.15 Motion to Reconsider and Amend Complaint 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.15
Excerpt: ...dure section 1005 or Rules of Court, rule 3.1300, subd. (a). “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing” with additional time depending on the method of service. (Code Civ. Proc., § 1005, subd. (b).) • There is no proof of service of the instant motion on the opposing parties in the court file, in violation of Rules of Court, rule 3.1300, subdivision (c). “Proof of service of t...
2022.12.15 Motion to Compel Deposition 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.15
Excerpt: ...judgment/adjudication deadline. The Club moves on the grounds that Mr. Voronin has repeatedly impeded the Club's ability to take his deposition without substantial justification, has not provided any available dates for deposition, and has otherwise kept the Club in the dark about when dates will be forthcoming. “If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410,...
2022.12.15 Motion to Compel Arbitration and Dismiss Class and PAGA Claims 380
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.15
Excerpt: ...AGA Claims from her “representative” PAGA claims and dismissing the latter is DENIED. Plaintiff is ordered to arbitrate her PAGA claims. Finally, the Court concludes that whether or not Plaintiff waived her right to bring class‐action claims is an issue properly left for the arbitrator to decide. Defendant Ole Health moves, pursuant to the Federal and California Arbitration Acts for an order compelling Plaintiff Angelica Infante to submit h...
2022.12.15 Motion for Reconsideration 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.12.15
Excerpt: ...ction (Oct. 11 Minute Order). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the pri...
2022.11.22 Motion to Set Aside Judgment 555
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...arty/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Defendant M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...

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