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2021.04.16 Demurrer, Motion to Strike 931
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.16
Excerpt: ...14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability to fashion an appropriate response. Defendants' demurrer to the second cause of action for negligent entrustment on the ground of failure to state sufficient f...
2021.04.15 Motion to Compel Compliance with Deposition Subpoena 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.04.15
Excerpt: ... provisions of Rules of Court Rule 3.1345, no later than June 23, 2021. The revised Separate Statement is to contain discussion of only those categories of documents sought for which issues remain outstanding as of June 23, 2021. Any issues not raised through the supplemental separate statement will be deemed to have been resolved through meet and confer. Rimerman may serve and file, no later than July 2, 2021, a supplemental separate statement i...
2021.04.15 Motion for Peremptory Writ of Mandate 725
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.15
Excerpt: ...of mandate is GRANTED IN PART. Petitioner is entitled to a peremptory writ of mandate directing Respondent NVC to set aside the July 19, 2019 decision terminating Petitioner from the Criminal Justice Training Center Basic Police Academy (Program), and to reconsider the case in light of the Court's opinion as set forth herein. Petitioner is directed to prepare, and forward to Respondents no later than May 6, 2021 for approval as to form, an order ...
2021.04.15 Demurrer 244
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.15
Excerpt: ...Court takes judicial notice of the Department of State Hospitals‐Napa Administrative Directive titled Sexual Harassment and numbered 139, attached as Exhibit 8 to the Request for Judicial Notice. (Evidence Code §452, subd. (c).) 8 The Court denies the Request for Judicial Notice (Request) as to Exhibits 1‐4, 6, 13, and 16 on the ground that none of the subjects are relevant to the Court's resolution of the issues presented. The Court takes j...
2021.04.15 Demurrer 023
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.15
Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substanti...
2021.04.13 Motion to Compel Initial Responses 961
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.13
Excerpt: ... 2021, and verifications were provided on March 9, 2021. As a result, plaintiff argues defendant's responses were untimely and tantamount to no responses at all, requiring objection free responses. Plaintiff is not entitled to responses without objections to all interrogatories. Plaintiff fails to mention that defendants served “hybrid” responses consisting of answers and objections. Where the response contains both an answer and objections, ...
2021.04.07 Demurrer 291
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.04.07
Excerpt: ...ection Act (Welf. & Ins. Code, § 15600, et seq.) [Issues 9‐12], and second cause of action for intentional infliction of emotional distress [Issues 16‐ 17] on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A ...
2021.04.07 Demurrer 283
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.04.07
Excerpt: ...th, eighth, ninth, and tenth causes of action asserted against them through Plaintiff's Second Amended Complaint (SAC) on the grounds that Plaintiff failed to plead each cause of action with the required specificity. 1. Procedural Law re: Demurrers A complaint must contain “facts constituting 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 cont...
2021.04.02 Special Motion to Strike 135
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.04.02
Excerpt: ...ss‐ defendants' antiSLAPP motion should be granted. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) Crossdefendants have the initial burden of showing the challenged causes of action arise from an act in furtherance to a person's right to petition or free speech. (Id.) If cross‐defendants satisfy their initial burden, the burden shifts to cross‐complainant Karim P. Allana to show a probability of success on the merits of the challenged cau...
2021.03.25 Motion to Quash, for Protective Order 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.25
Excerpt: ...ioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to provide required notice to consumer; 3) they are overbroad, vague, burdensome and oppressive; and 4) they seek documents that are not business records, but rather, business produ...
2021.03.25 Motion for Summary Adjudication 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.25
Excerpt: ...moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard moves, pursuant to Code of Civil Procedure section 437c for an order of summary adjudication as to two affirmative defenses asserted by Defendant, the first cause of action asserted by Plaintiff through the Complaint, and seven causes of action asserted by Defendants through thei...
2021.03.23 Motion to Consolidate 432
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.23
Excerpt: ...on the project pursuant to the terms of subcontracts with Wright. This alone constitutes sufficient common issues of law and fact justifying consolidation. (Code Civ. Proc., § 1048.) As to the opposition arguments from plaintiffs DFS Flooring, L.P. in Case No. 20CV000777 and Enterprise Roofing Service, Inc. in Case No. 20CV000790, first, each plaintiff 3 has asserted a mechanic's lien claim against Wright and/or Odd Fellows. Some plaintiffs have...
2021.03.23 Motion to Sever or Bifurcate Trial 606
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.23
Excerpt: ...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. Defendant Christopher Bello moves, pursuant to Code of Civil Procedure sections 598 and 1048, for an order severing and bifurcating the two claims asserted against him in this action from trial of the claims asserted against co‐defendants Michael and Nancy Bello.1 (Motion at 1:21‐24.) Section 598 gover...
2021.03.18 Motion to Compel Initial Responses 903
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.18
Excerpt: ...levant. McGill contends the requests still are relevant as to Webb's affirmative defenses, but the form interrogatories and the motion itself are directed to Webb as a cross‐ complainant, not to the answer to the underlying operative complaint or to him as a defendant. (Weixel Decl., Ex. C.) The Court understands McGill's position that the cross‐complaint may have been filed for an improper purpose and she may need to prepare the case as it w...
2021.03.18 Motion to Compel IME 207
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.18
Excerpt: ...“manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b); see Weil & Brown, The Rutter Group (2020), § 8:1560.) Moreover, the notice of motion should contain a description of the tests and procedures. (Weil & Brown, supra, § 8:1561 [“Ask the doctor whom you designate as examiner to write out the name and description of the tests and procedures he or she proposes to utilize; and include these in y...
2021.03.17 Motion to Compel Deposition 129
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.17
Excerpt: ...s Person(s) Most Knowledgable [sic] and Custodian(s) of Records; Request for Documents at Deposition.” (Subject Depo Notice.) (See Declaration of Amy Morse at ¶ 3, Exh. A. (Morse Decl.)) Pursuant to the Subject Deposition Notice, the deposition was scheduled for January 27, 2021. (See Ibid.) The Subject Deposition Notice was accompanied by a cover letter in which Plaintiff stated, in part, “[i]f your office and your witness are not available...
2021.03.16 Motion for Summary Judgment, Adjudication 345
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.16
Excerpt: ...n has no merit. The motion necessarily fails. Renteria's motion for summary adjudication of the fourth cause of action for breach of contract on the ground the obligation it allegedly breached as plaintiff Bellisimo A Family Vineyard, LLC rendered it moot is GRANTED. Bellisimo alleges in November 2018, it entered into an oral agreement whereby Renteria agreed to “replant” a vineyard block and to obtain any necessary permits to perform the wor...
2021.03.12 Motion to Quash or for Protective Order 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.12
Excerpt: ...objections and compelling compliance with subpoena is DENIED. Deborah Miller's request for sanctions is GRANTED. Duncan Miller and his attorney Stephen H. Kuhn are ordered to pay to Deborah Miller, care of her attorneys of record, sanctions in the amount of $200 no later than 10 days' after notice of entry of this order. According to the Notice of Motion, “Duncan Mackenzie Miller will, and hereby does, move for an order striking DEBORAH JEANNE ...
2021.03.12 Motion to Compel Compliance with Subpoena 283
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.12
Excerpt: ...ry sanction personally against DEBORAH JEANNE MILLER and SHYLENE MOIZE for registering frivolous objections.” (Notice of Motion at 1:27‐30.) First, the notice of motion does not adequately identify the grounds on which the requested relief is sought and does not refer to the deponent. A notice of motion must state exactly what relief is sought and upon what grounds that relief is sought. (See Code Civ. Proc. § 1010 [“the notice of a motion...
2021.03.11 Motion to Compel Further Responses 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.11
Excerpt: ... to provide further responses and produce additional documents in response to Merryvale's Requests for Production, Set Five (Subject RFPs). This Motion seeks to compel additional responses to two independent sets of requests for production, both identified as “set five”: one directed at V2, and the other at Delicato. (See Declaration of David C. Lee (Lee Decl.) at ¶ 2, Exhs. A & B.) The Court addresses these separately herein. A. PROCEDURAL ...
2021.03.09 Motion to Compel Further Responses 240
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.09
Excerpt: ...ng further document production as the request is made in the memorandum of points and authorities. (Mem. at pp. 1: 25, 8:22, 9:2, 13:19.) 3 A. Meet and Confer Requirement GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that Correa simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. There is no indication GM responded to Correa's January 14...
2021.03.05 Motion for Reconsideration 376
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.05
Excerpt: ...sed on the newly published California Court of Appeal case of Choochagi v. Barracuda Networks, Inc. (2021) 2020 Cal.App. LEXIS 1271” (Barracuda). “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…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 m...
2021.03.05 Demurrer 136
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.05
Excerpt: ...rovided with accurate itemized wage statements as WSE issued wage statements that did not show the name of the legal entity that is the employer. (Id., ¶¶ 9, 27.) Instead, “We Ship Express, Inc.,” an entity which is not on record as an entity with the California Secretary of State, is shown on wage statements. (Id., ¶ 27.) 11 Labor Code section 226, subdivision (a), requires employers to give employees, as a detachable part of their payche...
2021.03.05 Demurrer 021
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.03.05
Excerpt: ... City of Napa (City). (See id. at ¶ 14, et seq.) City demurs, pursuant to Code of Civil Procedure section 430.10, on the grounds that the Plaintiff fails to allege facts sufficient to establish a dangerous condition of public property, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A...
2021.03.04 Motion for Trial Preference 372
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.04
Excerpt: ... the case, and has medical/health conditions that warrant the granting of preference, and on the further grounds that the granting of preference would serve the interests of justice. The evidentiary objections made by Defendant Napaidence Opco, LLC dba Napa Post Acute (Post Acute) are each OVERRULED. (Code Civ. Proc. § 36.5.) “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall g...
2021.03.02 Motion for Determination of Costs and Attorneys' Fees 524
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.03.02
Excerpt: ...y's fees pursuant to the Court's order issued on January 11, 2021.” (Motion at 1:23‐24.) Attorneys' Fees “The power of the trial court under Code of Civil Procedure section 664.6 is extremely limited. The court is powerless to impose on the parties more restrictive or less restrictive or different terms than those contained in their settlement agreement.” (Machado v. Myers (2019) 39 Cal.App.5th 779, 790.) Plaintiff expressly moves for a d...
2021.02.26 Motion to Vacate Arbitration Award 228
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.26
Excerpt: ... required for disclosure a ground for disqualification of which the arbitrator was aware, including without limitation matters that could cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial.”; and, (2) “[T]he arbitrator exceeded her powers by arbitrarily remaking the parties' contract and deciding a question that was not before her and that the award cannot be corrected without a...
2021.02.23 Motion for Class Certification , Preliminary Approval of Proposed Class Settlement 999
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.02.23
Excerpt: ...n is required to be furnished and an estimate of the anticipated claims rate; (3) why the time limit to object or opt‐out is reasonable; (4) why the submission of a claim form is necessary; (5) the cy pres recipient needs to be named rather than left generally to plaintiff's counsel's choice; (6) why does distribution to the cy pres recipient fill the purposes of the lawsuit or otherwise is appropriate; (7) declaration disclosing interests or i...
2021.02.18 Demurrer 878
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.18
Excerpt: ...ear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Divot Enterprises, LLC d/b/a/ Oakville East demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (e) to the Complaint on the grounds that “plaintiff fails to state facts sufficient to constitute a cause of action for breach of contract against defendant.” (Demurrer at 2:6‐7.) The Court finds that the Notice of Demurrer suff...
2021.02.17 Motion to Vacate Judgment 579
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
Excerpt: ... 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. Because of this deficiency and 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 Proof of Serv...
2021.02.17 Motion to Sever Complaint, Stay Proceedings 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
Excerpt: ...Amended Cross‐Complaint by Cross‐Complainants Francis Wang, and Laura Wang (Wangs). The Court further orders a separate trial for the sixth, seventh, eighth, ninth, and tenth causes of action asserted through the First Amended Cross‐Complaint by Wangs against defendants Albert Czap (Czap), Martha Kongsgaard, and Mary Kongsgaard. Cross‐Defendant Albert Czap (Czap) moves, pursuant to Code of Civil Procedure sections 598 and 1048 for an orde...
2021.02.17 Motion for Determination and Award of Attorney's Fees 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
Excerpt: ...ication of the lodestar. 1 Wyman also moves for an award of attorney's fees under Code of Civil Procedure section 1033.5. This statute deals with the awarding of costs, which can include attorney's fees authorized under a contract. Wyman did not move for an award of costs, but Civil Code section 1717 still provides the basis for the motion. 3 A. Prevailing Party Wyman is the prevailing party in this action. Civil Code section 1717 governs a fee r...
2021.02.11 Motion to Set Aside Default, OSC Re Preliminary Injunction 062
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.11
Excerpt: ...he Rupprecht declaration, within 5 calendar days. Defendants' motion to set aside the preliminary injunction pursuant to section 473(b) is DENIED. Even though defendants may have demonstrated inadvertence and excusable neglect, they have not brought forth any facts demonstrating a likelihood of success on the merits or the relative harm to them to demonstrate that the preliminary injunction is improper or the facts underlying it have changed. Und...
2021.02.10 Motion to Continue Trial 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.10
Excerpt: ...4, 2021, respectively. All deadlines calculated from the trial date are reset to the September 30, 2021 Trial Management Conference date. (See Local Rule 6.2.) [2] PLAINTIFF'S MOTION TO SEAL RE MOTION TO COMPEL DEFENDANTS' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET FIVE TENTATIVE RULING: The motion is DENIED, without prejudice to Defendants filing a proper motion to seal.1 As explained below in the tentative ruling on Plaintiff...
2021.02.09 Motion to Quash, for Protective Order 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.09
Excerpt: ...2020.010, et seq., for an order quashing, or alternatively for a protective order regarding two deposition subpoenas for production of business records served on GVM by Petitioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to prov...
2021.02.09 Motion to Expunge or Reduce Mechanic's Lien, for Mandatory Injunction 186
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.09
Excerpt: ...and for a mandatory injunction directing that the lien be immediately released, removed, and extinguished pursuant to Connolly Dev., Inc. v. Super. Ct. (1976) 17 Cal.3d 803 is GRANTED. A. Legal Framework Lambert established a procedural safeguard for owners subject to an unjustified mechanic's lien. (Cal Sierra Constr., Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 850.) The owner may file a motion where “the issue presented is limited to t...
2021.01.29 Motion for Summary Judgment 376
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.29
Excerpt: ...A. PROCEDURAL MATTERS 1. Plaintiff's Additional Separate Statement The Court notes that the document titled “Plaintiff Donald Veverka's Separate Statement of Additional Facts in Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication” filed January 14, 2021 (Additional Sep. St.), is not drawn or filed in conformity with the Code of Civil Procedure and Rules of Court. A party opposing a motion for sum...
2021.01.29 Motion for Summary Adjudication 345
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.29
Excerpt: ... permits for the property, owed Bellisimo a duty (1) to supervise all pest control operations in Bellisimo's vineyard, (2) to ensure those pest control operations in Bellisimo's vineyard were performed in a careful and effective manner, and (3) to prevent those pest control operations in Bellisimo's vineyard from being performed in a faulty, careless, or negligent manner. Bellisimo raises in its notice of motion, as the source of the statutory du...
2021.01.28 Motion for Summary Judgment, Adjudication 737
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.28
Excerpt: ... to file a response. The Court reviewed plaintiffs' supplemental memorandum of points and authorities, plaintiffs' supplemental White declaration, defendant's supplemental reply memorandum, and defendant's supplemental Hayashida declaration and now rules as follows: A. Evidentiary Objections 1. Zeigon Declaration Defendant's six evidentiary objections to Frank Zeigon's declaration are SUSTAINED. Zeigon's declaration is based on a “review of the...
2021.01.27 Motion to Strike 074
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.27
Excerpt: ...ng, by Zoom, unless it is confirmed that no party requests oral argument. Petitioner, People of the State of California, moves the Court, pursuant to Code of Civil Procedure section 436 subdivision (b), for an order striking the claim filed by Claimant Leilani Ellis on the grounds that Claimant lacks standing. (See Memorandum at 2:4‐5.) Upon noticed motion, the Court may “[s]trike out all or any part of any pleading not drawn or filed in conf...
2021.01.27 Demurrer 554
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.27
Excerpt: ...Code of Civil Procedure section 430.10 subdivisions (e) and (f), to the Complaint filed by Plaintiff Zachary Thayer in this action on the grounds that both causes of action asserted therein are: (a) uncertain, ambiguous, and unintelligible and; (b) fail to allege facts sufficient to state a cause of action. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as �...
2021.01.26 Petition for Relief from Claim Requirement 301
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.26
Excerpt: ...ent of presenting a tort claim.1 (See Notice of Hearing and Petition (Notice) at 1:22‐25.) The Petition is brought on the grounds that Petitioner failed to timely file his tort claim, but that such failure was excusable. (See Id. at 2:13‐22.) The Court denies the Petition because there is no indication in the record that the claim was filed late. Analysis of the petition requires a basic overview of the statutory process that a person wishing...
2021.01.26 Demurrer 828
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.26
Excerpt: ... Complainant was required to file any opposition to the present demurrer on or before January 12, 2021. (See Code Civ. Proc. §1005, subd. (b).) No such opposition appears. However, on January 15, 2021, Cross‐Complainant filed a Verified Amended Cross‐Complaint (VACC). “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike...
2021.01.22 Motion to Compel Further Responses 883
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.22
Excerpt: ...tions that a proper meet and confer never took place, and that ordering additional conferring could help resolve these motions, limit the discovery requests and/or the number of objections at issues, or facilitate settlement. The parties' attorneys, Daniel Geoulla and Bridget McKinstry, are ordered to meet and confer via video conference at a mutually agreeable time on or before January 29, 2021. They shall thoroughly discuss each of the discover...
2021.01.20 Motion to Seal, to Compel Further Responses 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.20
Excerpt: ...t of this notification, the clerk shall unseal and file the records. If Plaintiff does not notify the Court within 10 days of the order, the clerk shall (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form. Plaintiff Merryvale Vineyards LLC moves for an order authorizing the sealing of portions of documents associated with Merrvale's Motion to Compel Defend...
2021.01.19 Motion to Enter Default Judgment 782
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.19
Excerpt: ...nstrues the Motion as One for an Order Declaring that the Subject Deed Restrictions are Unenforceable, and Not as a Motion to Enter Default Judgment Plaintiffs' Complaint prays the Court for a declaration that the real property commonly known as 3519 Broadway Street, in the city of American Canyon, county of Napa, California (Property) “is no longer bound by the [following] deed restrictions…and that said restrictions are hereby removed as a ...
2021.01.14 Motion to Compel Initial Responses 382
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.14
Excerpt: ...compel” initial responses to judgment debtor interrogatories (set one) and judgment debtor requests for production of documents (set one) is GRANTED. The motion stems from defendants/judgment debtors John Tudal and Cerruti Cellars, Inc.'s apparent refusal to comply with the Court's (Hon. Wood) September 30, 2020 discovery order compelling them to serve verified code‐compliant initial responses without objections. Defendants argue the debtor d...
2021.01.05 Motion to Enforce Settlement Agreement 524
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.05
Excerpt: ...d Plaintiff Nicole Riedel moves, pursuant to Code of Civil Procedure sections 664.6 (Section 664.6), and 128, subd. (a)(4) (Section 128(a)(4)) for four specific forms of relief: 1. Entry of an interlocutory judgment on the terms of the parties' purported settlement agreement; 2. Appointment of a “third‐party permitting expert” to take control over the regulatory entitlements process for a construction project to be undertaken by Defendants ...
2021.01.05 Demurrer 707
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.05
Excerpt: ... of the Venter Family Revocable Trust demur, both generally and specially, and pursuant to Code of Civil Procedure section 430.10, subds. (d), (e), and (f), to Plaintiff's First Amended Complaint (FAC), and to each cause of action asserted therein, on grounds of uncertainty, failure to allege facts sufficient to state a cause of action, and misjoinder of parties. The notice of motion does not provide notice of the Court's tentative ruling system ...
2020.12.17 Motion for Writ of Mandate and Declaratory Relief 483
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.12.17
Excerpt: ...r an order directing Respondent to show cause why the Court should not issue such writ. Petitioner further seeks a declaration, pursuant to Government code section 6259 “signifying that Respondent has violated Petitioner's rights under” Government Code section 6250 et seq. (Notice of Motion at 1:26‐2:4.) This action arises from Petitioner's request for information, submitted to Respondent pursuant to the California Public Records Act (CPRA)...

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