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2020.12.16 Motion to Compel Responses 789
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.12.16
Excerpt: ...itial responses, without objections, within 15 calendar days from the date of service of notice of entry of order. Defendants' request for monetary sanctions for bringing the motion is DENIED. Howell did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a ...
2020.12.16 Motion for Protective Order 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.16
Excerpt: ...nt Silverado Resort Investment LLC.” (See Notice of Motion at 2:6‐9.) This motion came on initially for hearing on September 4, 2020. By Minute Order of that date, the Court granted the motion in part, and ordered that “[a]ll discovery in the action is temporarily STAYED pending the hearing on Defendants' demurrers.” On December 3, 2020, the Court heard argument regarding defendants' respective demurrers. On December 15, 2020, the Court e...
2020.12.16 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.16
Excerpt: ... Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Callahan's evidentiary objections to exhibits 2‐3 as improper evidence being submitted on a demurrer are OVERRULED. (See ibid.) The district and the County's demurrer to the first cause of action for declaratory and injunctive relief (violation of Propositions 13, 62 and 218 – California Constitution, Articles 13A, 13B, and 13C, and Government Code section 53723) on the gr...
2020.12.11 Motion to Quash Service of Summons, Dismiss Action or Dismiss for Inconvenient Forum 586
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.11
Excerpt: ...mmons on OSU and dismissing the action, on the grounds that the Court lacks personal jurisdiction over OSU, or, in the alternative, dismissing the action on the grounds of forum non conveniens. Factual and Procedural Background Through the complaint, Plaintiff contends that OSU breached the covenant of good faith and fair dealing implicit in their contractual relationship. That relationship is memorialized in a series of three successive contract...
2020.12.11 Demurrer 494
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.11
Excerpt: ...uant to Code of Civil Procedure section 430.10, to the FAC on two grounds: (1) that Plaintiff fails to allege facts sufficient to establish that the subject roadway constituted a dangerous condition of public property; and (2) the City 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 demurrer is treated...
2020.12.11 Demurrer 359
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.11
Excerpt: ...d deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he county def...
2020.12.11 Demurrer 350
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.11
Excerpt: ...t), and deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he coun...
2020.12.10 Motion to Remove Trustee, for Accounting 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.10
Excerpt: ... require bifurcating the issues raised by the TAPC and setting an evidentiary hearing on the foregoing causes of action. Through that Minute Order, the Court invited Petitioner to submit additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. On October 23, 2020, Petitioner filed a document en...
2020.12.09 Motion to Compel Initial Responses 689
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.12.09
Excerpt: ...e date of service of notice of entry of order. The County's request for monetary sanctions for bringing the motion is DENIED. White did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, 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....
2020.12.08 OSC Re Preliminary Injunction 062
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.08
Excerpt: ... from the granting or denial of interim injunctive relief.'” (Jay Bharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443, quoting White v. Davis (2003) 30 Cal.4th 528, 554; see IT Corp. v. Cnty. of Imperial (1983) 35 Cal.3d 63, 72.) Hernandez demonstrates a likelihood of success on the merits of his claims. The relative balance of harms also favors Hernandez as he has shown he is likely to suffer greater injury from the denial of in...
2020.12.04 Motion for Summary Judgment 334
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.04
Excerpt: ...ion for general negligence and premises liability in her complaint. The premises lability cause of action also contains counts for negligence [count one], willful failure to warn [count two], and dangerous condition of property [count three]. 2 The City's only ground for summary judgment contained in the notice of motion is that Devine cannot establish liability for a dangerous condition of public property against the City. Although not specifica...
2020.12.03 Demurrer 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.03
Excerpt: ...asserted against entity defendants Oakmont Investments LLC and the Miller Alaska Trust. The demurrer is sustained with 10 days' leave to amend as to the eleventh cause of action for waste. In all other respects, the demurrer is OVERRULED. A. Factual Background Defendants John L. Miller (Miller), Oakmont Investments, LLC (Oakmont) and the Miller Alaska Trust (Alaska Trust) (collectively Miller Defendants) demur to the First Amended Complaint filed...
2020.12.02 Demurrer 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.12.02
Excerpt: ...efanie Johnson on the grounds that “the first, second, third, fourth, sixth, and seventh purported causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against 2 Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.)1 Through his initial reply brief, Defendant argued that “[n]othing in Plaintiff's Opposition to Defendant's Demurre...
2020.11.25 Motion for Change of Venue, for Attorneys' Fees 434
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.25
Excerpt: .... Since jurisdiction is statewide, the venue rules serve to narrow geographically the place for trial.” (Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2020) at § 3:450; see Cholakian & Associates v. Super. Ct. (2015) 236 Cal.App.4th 361, 373.) Defendant does not seek to transfer venue to another county in California, but to transfer the case to New York. The venue statutes, therefore, are inapplicable. Because the g...
2020.11.24 Motion to Compel Arbitration 718
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.24
Excerpt: ...tration 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.) On a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, the court must determine whether the agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal ...
2020.11.20 Motion to Dissolve or Modify Preliminary Injunction 597
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.11.20
Excerpt: ...session. Plaintiff instead seeks a prescriptive easement in its first cause of action. Because defendants did not address the prescriptive easement claim in their opening papers,2 or the equitable easement claims (second and third causes of action), they have not shown there has 2 In their reply, defendants attempt to correct their oversight by raising new argument as to the prescriptive easement claim and attaching new evidence. The Court has no...
2020.11.20 Motion to Compel Arbitration and Stay Action 939
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.11.20
Excerpt: ...appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Delicato Vineyards moves the Court, pursuant to Code of Civil Procedure section 1281, et seq., for an order compelling arbitration of Plaintiff Sherri Tueros' Complaint and staying any further proceedings pending that arbitration on the grounds that a written arbitration agreement covers the allegations of the Complaint. A proceeding to compel a...
2020.11.19 Motion to File Records Under Seal 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.19
Excerpt: ...s Application for Preliminary Injunction, filed in this matter on October 6, 2020; c. The Opposition to Silverado Napa Holding, LLC's Application for Preliminary Injunction, filed in this matter on October 6, 2020, by Defendants Tim Wall and TKW Resort Holdings, LLC. The Clerk is further directed to file in the record of this matter, each of Exhibits A, B, and C to the [Proposed] Order Granting Amended Motion to File Records Under Seal lodged Oct...
2020.11.19 Motion for Entry of Judgment of Dismissal of Action 446
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.19
Excerpt: ...nt dismissing this entire action with prejudice, including the whole of the document denominated “verified First Amended Complaint” (FAC) on the grounds that the FAC adds a new plaintiff, Greener Future, 2 without leave of Court, and on the further grounds that plaintiff Colton Callahan failed to file an amended complaint within the time provided by the Court through its October 8, 2020 order sustaining Defendant's demurrer to the original co...
2020.11.06 Motion to Quash Service of Summons and Dismiss Action or to Dismiss Action for Inconvenient Forum 586
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.11.06
Excerpt: ...0, subdivision (d). If Defendant files and serves supplemental papers, Plaintiff may then file and serve, no later than November 25, 2020, supplemental opposition papers. Defendant may then file and serve a supplemental reply no later than December 4, 2020. Defendant Oregon State University (OSU), appearing specially, moves the Court “for an order quashing the service of summons on OSU and dismissing the action, or alternatively, to dismiss thi...
2020.11.06 Motion to File Amended Complaint 903
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.11.06
Excerpt: ...roperty. As plaintiffs succinctly frame it: “the fact that [Webb's] hillside is unstable and could fail at any time, the fact that it failed in the past, the fact that it has moved, has caused damage, and is obstructing the shoulder of Plaintiff's [sic] driveway access, and the fact that if it continues to move it will damage, obstruct and/or destroy the only access into the property, and the fact that Plaintiffs are now confronted with a secon...
2020.11.05 Motion for Protective Order 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.05
Excerpt: ... seal (Motion to File Records Under Seal) currently pending. The respective parties moving for demurrer and motion to file records under seal calendared those matters for November 20, 2020. The Court is unavailable that date. Therefore, those matters must be rescheduled. The Court anticipates that it will be efficient to calendar the matters in the following order: 1. Motion to File Records Under Seal; 2. Defendants' respective demurrers to First...
2020.11.04 Motion to Compel Further Responses 014
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.04
Excerpt: ...ise 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. On September 8, 2020, Plaintiff filed the instant motion seeking an order compelling Defendant John Anthony Truchard to serve further responses to certain of Plaintiff's demands for production of docu...
2020.11.03 Petition to Compel Arbitration or Stay Action 622
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.03
Excerpt: ...d through Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the obligation underlying the mechanic's lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all iss...
2020.11.03 Petition to Compel Arbitration or Stay Action 621
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.11.03
Excerpt: ... Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the alleged obligation underlying the lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all issues relating...
2020.10.30 Demurrer 242
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.30
Excerpt: ...ctively codifies the delayed discovery rule in connection with actions for fraud, providing that a cause of action for fraud ‘is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.'” (Brandon G. v. Gray (2003) 111 Cal.App.4th 29, 35.) Plaintiffs adequately allege delayed discovery stemming from the purported fraud. Plaintiffs purchased the new 2012 GMC Sierra 1500 on Ap...
2020.10.29 Motion for Leave to File Amended Complaint 286
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.29
Excerpt: ... justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...
2020.10.28 Demurrer 862
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.28
Excerpt: ... (e) and (f), to the first, second, fourth and fifth causes of action asserted through the First Amended Cross‐Complaint (FACC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each fails to state facts sufficient to constitute a cause of action and each is uncertain, ambiguous, and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint file...
2020.10.23 Motion for Leave to Reopen Discovery 303
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.23
Excerpt: ...ct of California. 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 request...
2020.10.23 Demurrer 305
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.23
Excerpt: ...ormation would have been a motion to compel. (See Code Civ. Proc. §2025.480.) 6 Code of Civil Procedure section 340.5 contains a three‐year limitations period after death or oneyear period after discovery of the injury causing death in which to file suit. Defendant argues section 340.5 bars the action. The argument fails. Decedent passed away on September 22, 2017. Plaintiffs filed their complaint on September 21, 2018, followed by the first a...
2020.10.22 Motion to Reclassify 305
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.22
Excerpt: ...5,000, which exceeds the limited civil jurisdictional amount. Although defendant 3030 Airport Road, LLC strongly disagrees and questions the veracity of the evidence, the County explains why it took so long to seek reclassification due to attorney oversight. The Court is cognizant of defendant's purported prejudice in not being able to prepare a fair market value defense, but any such prejudice can be remedied by re‐ opening discovery on this l...
2020.10.20 Motion to Remove Trustee, for Accounting 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.20
Excerpt: ... would require bifurcating the issues raised by the Petition and setting an evidentiary hearing on the foregoing causes of action. However, Petitioner's moving papers do not address either issue. Therefore, the Court would like additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. Petitioner...
2020.10.16 Motion for Judgment on the Pleadings 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ...h cause of action. The motion is GRANTED with 30 days' leave to amend as to Plaintiff Chadbourne on the third cause of action. The Court STRIKES the allegations of the seventh and tenth causes of action, rendering the motion moot as to these. Finally, the motion is DENIED as to the Plaintiff Chadbourne on the fourth cause of action, and as to both Plaintiffs on the eighth cause of action. A. Request for Judicial Notice Defendants' Request for Jud...
2020.10.16 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ...al.App.4th 742, 749; McAllister v. Cnty. of Monterey (2007) 147 Cal.App.4th 253, 280.) Defendant Mindy Wyman's demurrer to the entire first amended complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff Stacee Cootes indicates she does not oppose the demurrer as to this individual defendant. (Opp. at p. 7:28: n.2.) Defendant Wyman Property Management's (WPM) demurrer to the first cause of action for negligence on the ground of failure to state ...
2020.10.15 Motion to Quash Deposition 684
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.15
Excerpt: ... not permitted. 2 Respondent's Request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the relevant portions of: (1) the June 13, 1995 Assembly on Committee Safety History for Senate Bill 814; (2) 1995 Legislative Digest for Senate Bill 814; (3) June 9, 1998 Assembly Bill Committee Analysis of Senate Bill 2139; and (5) Napa County Code section 1.28. The Court declines to take judicial notice of the Napa County Superior ...
2020.10.14 Motion for Summary Judgment, Adjudication 775
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.14
Excerpt: ...ily fails. Defendant's motion for summary adjudication as to the first cause of action for disability discrimination – wrongful disciplinary action (Gov. Code, §§ 12926, 12940, et seq.) and third cause of action for disability discrimination – wrongful termination (Gov. Code, §§ 12926, 12940, et seq.) on the ground Klaus cannot establish a prima facie case of disability discrimination [Issues No. 1, 5] is DENIED. “To establish a prima f...
2020.10.14 Demurrer 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.14
Excerpt: ...orted causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.) A. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed with the California Superior Court in and for the County of San Francisco in...
2020.10.08 Demurrer 609
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.08
Excerpt: ...spirit of antitrust laws, which plaintiff Robert Jordan does not allege. Defendants correctly cite the law on the issue: “When a plaintiff who claims to have suffered injury from a direct competitor's ‘unfair' act or practice invokes section 17200, the word ‘unfair' in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable...
2020.10.07 Demurrer 494
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.07
Excerpt: ...n the grounds that the Complaint fails to allege facts sufficient to establish a dangerous condition of public property, fails to allege that a dangerous condition of public property caused his injuries, 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 demurrer is treated as “admitt...
2020.10.02 Demurrer 446
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.02
Excerpt: ...s judicial notice of the official records of the California Secretary of State for the corporate status of Green Future, LLC, but for no other purpose. All other requests for judicial notice are DENIED on the ground that none are relevant to the Court's resolution of the issues raised by the demurrer. Plaintiff's requests for judicial notice are GRANTED. The Court takes judicial notice of the Articles of Organization – Conversion, and the LLC �...
2020.09.29 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.29
Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...
2020.09.25 Petition for Writ of Administrative Mandamus 244
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.25
Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...
2020.09.25 Motion for Attorney's Fees 313
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2020.09.25
Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...
2020.09.23 Motion to Compel, to Stay 402
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...
2020.09.23 Motion for Preference, to Advance Trial Date 565
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.23
Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...
2020.09.23 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...
2020.09.17 Motion for Summary Judgment 167
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...
2020.09.17 Demurrer 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...
2020.09.16 Demurrer 362
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.16
Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...
2020.09.15 Motion for Pre-Judgment and Post-Judgment Interest 035
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.15
Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a new trial, must state…the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”];...

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