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2021.10.07 Motion to Void Default and Dismiss Case 174
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.07
Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. There is no proof of service of the motion or related pape...
2021.10.07 Demurrer, Motion to Strike 720
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.07
Excerpt: ...ion are SUSTAINED/GRANTED, respectively, with leave to amend retroactively granted, such that the second amended complaint shall stand as the current operative pleading. The Court notes plaintiff did not follow proper procedure, since only a first amended complaint may be filed without leave of court. (See Code Civ. Proc., § 472; see also Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 575 (“Under section 472, the right to amend a cross‐ com...
2021.10.01 Motion to Seal Materials, to Disqualify 324
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ...d 2.551, for an order sealing the redacted portions of the following documents: 1. Plaintiffs' Response to Defendant's Second Supplemental Opposition to Plaintiffs' Motion to Disqualify Robert Crockett and Crockett Associates as Counsel for Defendant (Subject Response); 2. Declaration of Brett Lay in Support of Plaintiffs' Motion to Disqualify (Subject Lay Declaration); 3. Exhibits and attached to the Declaration of Jonathan M. Jenkins in Opposit...
2021.10.01 Motion for Summary Judgment, Adjudication 770
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ... the Dickens declaration (¶ 5 at p. 2:1‐3 and Ex. D) and Dr. Whitfield's four evidentiary objections to the Shuman declaration and three evidentiary objections to the Pregerson declaration are OVERRULED as not code‐ compliant. (See Cal. Rules of Court, rule 3.1354(c) [“A party submitting written objections to 2 evidence must submit with the objections a proposed order.”].) Moreover, the Court has not considered the Dickens reply declarat...
2021.10.01 Demurrer 526
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ...against defendants are uncertain, ambiguous and/or unintelligible.”4 (See Demurrer at 3:26‐28, 4:3‐6, and 4:12‐15.) The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, t...
2021.09.29 Petition to Compel Arbitration 955
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.29
Excerpt: ...required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Petitioner Carries Her Burden of Showing the Existence of a Written Agreement to Arbi...
2021.09.29 Demurrer 738
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.29
Excerpt: ...m as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Terlato's request for judicial notice is GRANTED. The Court takes judicial notice o...
2021.09.22 Motion to Deem Matters Admitted 337
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.22
Excerpt: ...ey of record, monetary sanctions in the amount of $1,460 within 10 days of notice of entry of the present order. Plaintiff On Deck Capital, Inc. moves, pursuant to Code of Civil Procedure section 2033.280 for an order deeming admitted and conclusively established the truth of all matters specified in Plaintiff's Request for Admissions, Set One, on the grounds that the party to whom the requests were directed, failed to serve timely verified respo...
2021.09.22 Motion to Compel Further Responses 155
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.22
Excerpt: ...nts between P&J and Jarhett Blonien from October 12, 2017, through October 10, 2018. P&J objected on the grounds of attorney‐client privilege and attorney‐work product doctrine. It is unclear how many documents are at issue as well as how the privileges apply considering the various parties involved and the potential privileges between them. A privilege log providing a description of the documents at issue will better permit a judicial evalua...
2021.09.16 Motion to Compel Responses 466
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.16
Excerpt: ...uest for monetary sanctions for bringing its motion is DENIED. Lopez did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2030.290, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023.030, subdivision (a), states the Court may impose monetary sanc...
2021.09.13 Motion for New Trial 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.13
Excerpt: ...nds in its notice of intention to move for a new trial, plaintiff has not developed an argument on these grounds. Plaintiff's motion for a new trial on the ground of accident or surprise, which ordinary prudence could not have guarded against pursuant to Code of Civil Procedure section 657(3) is DENIED. Despite initially raising this ground in its notice of intention to move for a new trial, plaintiff has not developed an argument on this ground....
2021.09.10 Motion to Compel Further Responses 086
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.10
Excerpt: ...verified code‐compliant further responses, without objections other than those made based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. (Korea Data Systems Co. v. Super. Ct. (1997) 51 Cal.App.4th 1513, 1516.) JNS and Grant shall provide a privilege log for any documents withheld under the attorney‐client privilege or attorney work product doctrine. (...
2021.09.02 Motion to Stay 283
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.02
Excerpt: ...cts, serve judicial economy, and protect against double recovery by Plaintiff. Defendants request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters of the request, but not for the truth of the matters asserted therein. 11 It appears to the Court that there are questions of fact that are not only at issue in both this action and the determination of the validity of the Sixth Amendment in the 1035 Action, but ar...
2021.09.02 Motion for Summary Adjudication 618
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.02
Excerpt: ...eventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. A. Standing/Real Party In Interest On July 23, 2021, the Court continued the matter after defendants' reply raised for the first tim...
2021.09.01 Motion to Strike or Tax Costs 376
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.01
Excerpt: ...rt's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff Donald Veverka moves the Court for an order striking Defendant's Memorandum of Costs in its entirety on the grounds that an employer is not entitled to costs where a jury finds that the Plaintiff employee engaged in protect...
2021.09.01 Motion to Compel Further Responses 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.01
Excerpt: ...ed the RFA. Long, however, then failed to provide any explanation as to why he made the denial in his response to form interrogatory number 17.1. RFA number 131 asked Long to admit that in 2015, he believed he would be a 100% owner of Polvora, Inc. and that if the Bureau of Gambling Control approved him for licensure, then he would relinquish 80% ownership of Polvora, Inc. to Michael LeBlanc and Gabriel Pattee. Long denied the RFA. Long then prov...
2021.08.31 Motion to Compel Acknowledgement of Partial Satisfaction of Judgment 237
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.31
Excerpt: ... offsets the judgment against Respondent. Respondent's Request for Judicial Notice (RJN) is GRANTED. The Court takes judicial notice of Exhibits 2 and 9. The Court also takes judicial notice of Exhibits 1, 3‐8, and 10, but not for the truth of the matters asserted therein. The following facts appear to be uncontroverted. In 2006, Respondent purchased certain real property known as 12 Pascale Place, Napa, California. (Property.) During the trans...
2021.08.26 Motion to Strike 475
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.26
Excerpt: ... is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in 14 addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought where the gravamen of the complaint is that the “[d]efendant became intoxicated and the...
2021.08.26 Demurrer 021
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.26
Excerpt: ...gnals Remain Insufficient to Establish the Existence of Dangerous Condition; 3. No Reasonable Trier of Fact Could Conclude that Plaintiff Exercised Due Care in Attempting to Use the Property in the Manner Alleged; 4. Any Danger Inherent in Crossing Soscol Avenue at the Incident Location was Open and Obvious and Plaintiff has again Failed to Allege Necessity as Matter of Law; 5. Any Danger Was Open and Obvious; and 6. Plaintiff Has Not Established...
2021.08.24 Motion to Void Default Judgment 174
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.24
Excerpt: ... Chadbourne.” (Notice of Motion at 1:20‐22.) There is no proof of service of the motion or related papers on Plaintiff. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Plaintiff waives the defect, however, by filing a substantive opposition. “It is well settled that the appearance o...
2021.08.24 Motion to Compel Arbitration 621
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.24
Excerpt: ...roup, Inc. (HBCG) move the Court for an order granting the moving parties leave to join United States Fire Insurance Company (US Fire) as a party to the arbitration proceedings titled Barbara L. Meyer v. Robert D. Massaro, et al., pending before the American Arbitration Association as case number 01‐20‐0004‐9809 (9809 Arbitration). Alternatively, the parties move, pursuant to Code of Civil Procedure section 1281.2, for an order terminating ...
2021.08.18 Motion to Declare Vexatious Litigant 335
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.18
Excerpt: ...m filing any new lawsuits in propia persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed; and (2) require Plaintiff to furnish security sufficient to cover DSH‐Napa's anticipated attorney fees and costs before being permitted to proceed further in the present matter. 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise specified. 3 The ...
2021.08.17 Motion to Strike 702
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.17
Excerpt: ...ow why her former attorney included the affirmative defenses in her Answer and the defenses are therefore “irrelevant, false, and/or improper”; and (2) striking Defendant's denials of material allegations contained in her Answer to Complaint paragraph numbers 14‐15, 17‐19, 21‐23, 25‐ 28, 30‐32, and 34‐36 on the grounds that Johnson does not know why “Andino” denied material allegations and Defendant does not know what a materi...
2021.08.13 Motion to Compel Arbitration and Stay Proceedings 777
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.13
Excerpt: ...ting, and as such, there is no reason why DFS Flooring should be dragged into arbitration. The argument is not well‐taken considering that since the opposition was filed, Wright Contracting filed a cross‐complaint naming DFS Flooring as a cross‐defendant in the first cause of action for breach of contract and seventh cause of action for contribution. Although DFS Flooring agrees to arbitrate its claim against Odd Fellows, it objects to bein...
2021.08.12 Demurrer 021
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.12
Excerpt: ... a dog would run into him” and further because Plaintiff assumed the risk of his alleged injuries. (See Notice of Demurrer.) Through the FAC Plaintiff asserts a single cause of action against Quaranta for negligence, alleging that while both were at the Shurtleff off‐leash dog park talking, Quaranta's dog Orlock, in high‐speed pursuit of a tennis ball that had been thrown by co‐defendant Nickolas Fonville, ran into Plaintiff's knee, knock...
2021.08.11 Motion for Preliminary Approval of Class Action Settlement 475
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.11
Excerpt: ...lass members by U.S. Mail or maintain a website with information on the Final Judgment for a period of six months after entry of Final Judgment, and, through the Class Notice, provide Class Members with the address of the website. (See Rules of Court, rule 3.771, subd. (b).) The Court is not satisfied with Petitioner's explanation as to why English‐only class notification is sufficient. Petitioners assert that “[a]n English‐only class notic...
2021.08.06 Motion for Summary Judgment 038
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.06
Excerpt: ...d the circumstances in which an independent contractor's employee (or third party) may recover in tort from the party hiring the contractor. Defendants are correct that generally a person who hires an independent contractor is not liable for the torts of the independent contractor. (See Torres v. Reardon (1992) 3 Cal.App.4th 831, 838.) “At common law, a person who hired an independent contractor generally was not liable to third parties for inj...
2021.08.06 Motion for Protective Order 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.06
Excerpt: ...ruling. Any such proposed order shall be filed, no later than August 20, 2021, in the form of a Stipulation and Proposed Order. If the parties are unable to so agree, they are each invited to submit a proposed order consistent with this ruling, no later than August 20, 2021. The Court will then select the proposed order that is consistent with this ruling and most reasonably balances Plaintiffs' interest in discovery with State Farm's interest in...
2021.08.06 Motion for Determination of Good Faith Settlement 494
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.06
Excerpt: ...lief. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argum...
2021.08.06 Demurrer 010
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.06
Excerpt: ...urportedly set forth therein on the grounds that: (1) the Complaint fails to state facts 2 sufficient to constitute a cause of action, and (2) Defendants Beverly Kendall, Anthony Daniel James, and Kathaleen Stephenie Flood have been mis‐joined. The claims purportedly asserted through the Complaint arise out of the purchase and sale of certain real property in Napa County (Property). (See Complaint at ¶ 1.) Realtor Defendants request for judici...
2021.08.04 Motion for Reconsideration to Deny Motion to Strike 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.04
Excerpt: ...i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion”].) The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentat...
2021.08.04 Demurrer 568
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.08.04
Excerpt: ...ituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these...
2021.08.04 Demurrer 282
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.04
Excerpt: ...famation of character on the grounds of uncertainty and failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiff Jennifer L. Spalding has not substantively addressed the legal arguments set forth in defendant's moving papers. Plaintiff does not allege when defendant began to represent her. Plaintiff has not pled sufficient facts supporting the breach of any particular fiduciary duty. Plaintiff has not pled her fraud claim wit...
2021.07.30 Demurrer 631
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.30
Excerpt: ...assment, and discrimination in violation of Government Code section 12940, subdivision (k), and fourth cause of action for violation of the Whistleblower Protection Act on the grounds these claims are barred pursuant to the doctrines of collateral estoppel and judicial estoppel because 3 the matter previously was heard at the State Personnel Board (“SPB”) and that adverse determination was not set aside is SUSTAINED WITHOUT LEAVE TO AMEND. Pl...
2021.07.29 Motion to Compel Further Responses 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.29
Excerpt: ...aims asserted in the cross‐complaint. The County is entitled to review the relevant corporate and financial records. Any privacy interest is outweighed by the County's right to directly relevant evidence. Indeed, without this financial information, it is unclear how the County can prove its allegations. Turley's objections are overruled. Turley shall serve verified code‐compliant further responses, without objections, and documents within 10 ...
2021.07.29 Demurrer 720
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.29
Excerpt: ...that Plaintiff fails to allege facts sufficient to constitute a cause of action against SLS. SLS further demurs on the grounds that the Complaint is uncertain, ambiguous and unintelligible. A. Uncertainty As noted, SLS asserts, through its Notice of Motion, that it demurs on grounds of uncertainty. A demurrer for uncertainty is disfavored and may only be sustained where the allegations render the complaint so incomprehensible that a defendant can...
2021.07.28 Motion for Attorney Fees 902
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.28
Excerpt: ...s amended November 14, 2019. In its opinion affirming this Court's judgment in the matter, the Court of Appeal held that Plaintiffs are entitled to an award of their attorneys' fees and costs on appeal. (See Frattini v. First American Title Co. of Napa (March 30, 2021, A158995) 2021 Cal.App. Unpub. LEXIS 2085 at *8‐9 [nonpub. opn.].) The Court of Appeal remanded the matter for this Court to 3 “calculate the amount of appellate attorney fees, ...
2021.07.27 Motion to Seal 237
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.27
Excerpt: ...l Acknowledgement of Partial Satisfaction of Judgment. 5 Petitioner Kelley Dayan moves for an order permitting Petitioner to file the foregoing documents (Subject Documents) under seal on the grounds that Petitioner has a contractual obligation not to disclose certain portions of the documents that are relevant to her defense to Respondent's pending motion to compel acknowledgement. The notice of motion does not provide notice of the Court's tent...
2021.07.23 Motion for Summary Adjudication 618
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.23
Excerpt: ...on (individually and as trustee of the Patricia Simpson Trust) complains of in her complaint, seventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. The pleadings serve as the “out mea...
2021.07.23 Motion for Relief from Default, to Quash Service of Summons 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.23
Excerpt: ...fault and any default judgment entered against him on the grounds of inadvertence, surprise, mistake or excusable neglect and/or that the service of summons was defective and did not result in actual notice.2,3 Zuckerman further moves, pursuant to section 418.10, subdivision (a)(1), for an order quashing service of the Summons due to lack of jurisdiction. Zuckerman's request for judicial notice is GRANTED. Zuckerman contends that the service of s...
2021.07.22 Motion to Quash Subpoenas 166
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.22
Excerpt: ...ng party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. The Court notes two aspects of the moving papers that introduce some ambiguity into the present motion. First, a notice of motion must state exactly what relief is sought...
2021.07.22 Motion to Expunge Lis Pendens, for Sanctions 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.22
Excerpt: ...ton), care of its attorneys of record in this matter, the amount of $750 no later than 10 days after notice of entry of the present order. Wilmington applies, ex parte, for an order, pursuant to Code of Civil Procedure sections 405.31, 405.32, and 405.34, expunging the Notice of Pendency of Action (Lis Pendens) recorded on September 19, 2019, as Instrument No. 2019‐0018688 with the Napa County Recorder, by or on behalf of Plaintiffs Bruce Chadb...
2021.07.21 Motion to Compel Compliance 739
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.21
Excerpt: ...roduction of documents responsive to request for production of documents (set one) numbers 1‐13 by producing correspondence, bills, and invoices showing when Bowman completed its electrical work. Bowman previously produced 34 documents, but Energy Plus contends it still has not received responsive documents to at least 11 of the document requests. Energy Plus also seeks issue and monetary sanctions for failure to comply with the Court's discove...
2021.07.16 Motion to Compel Responses 283
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.16
Excerpt: ...emand for Production of Documents, Set Two, Demand 5” on the grounds that “responding party has failed, without justification, to serve proper responses to these inspection demands.” (Notice of Motion at 1:28‐2.4.) It is not immediately clear from the foregoing which of the defendants in the action this motion is directed to. However, Plaintiff also requests an award of $6,082.00 in monetary sanctions against Defendant GVM Law LLP (GVM) a...
2021.07.16 Motion to Compel Discovery 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.16
Excerpt: ... and Respondent Deborah Jeanne Miller (Movant) moves for an order compelling Plaintiff/Petitioner Duncan Mackenzie Miller (Mr. Miller) to provide code‐compliant verified responses to: (1) Form Interrogatories, Set Two; (2) Request for Production of Documents, Set One; (3) Special Interrogatories, Set One; (4) and Requests for Admissions, Set One. Movant further requests an order that the truth of the subject facts of the Requests for Admissions...
2021.07.15 Motion to Compel Final and Binding Arbitration and Stay Proceedings 402
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.15
Excerpt: ...n existing arbitration pending before JAMS; and (3) staying all further proceedings, including pending discovery. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) Generally, on a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, a c...
2021.07.14 Motion for Further Sanctions for Failure to Obey Discovery Order 250
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.14
Excerpt: ... Farina has not complied with the Court's order compelling her deposition and production of documents. Alam now seeks terminating, evidentiary, and monetary sanctions. Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including issue sanctions, evidence sanc...
2021.07.08 Motion to Compel 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.08
Excerpt: ...nd Gayle Daniels move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling Defendant State Farm General Insurance Company (State Farm) to provide further responses and documents in response to Plaintiff's Request for Production of Documents, Sets One, Two and Three. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contac...
2021.07.02 Motion to Tax Costs 462
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.07.02
Excerpt: ...efendants). The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral...
2021.07.01 Motion to Strike 071
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.01
Excerpt: ...iff's First Amended Complaint (FAC) on the grounds that Plaintiff's allegations in support thereof are conclusory in nature and fail to support an award thereof. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformi...

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