Excerpt: ...rick Just (Plaintiff) to comply with Plaintiff's responses to Defendant's requests for production of documents numbers 3, 5, 6, 9, 10, 11 and 12, (2) to compel Plaintiff to provide further responses and documents and a statement of compliance and privilege log in response to Defendant's requests for production of document numbers 1, 2, 4, 7, 8 and 13‐32, and (3) for sanctions. Defendant's 11‐page reply brief exceeds the maximum page limit. (S...

Excerpt: ... for sale. Sylvester requests that attorney Christopher M. Pace be appointed as referee and that he be permitted to hire a realtor to sell the Property under his supervision by private sale and to enter and access the Property. 3 The subject Requests for Admission document is located in the Court's file at page 28 of Exhibit A to the Declaration of Jennifer Thomas in support of the Motion to Deem Matters Admitted. 9 Sylvester failed to provide ad...

Excerpt: ... to serve verified code‐compliant initial responses and documents to form interrogatories, special interrogatories, and requests for production of documents and to pay monetary sanctions. 6 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 moneta...

Excerpt: ...ings in Plaintiff's favor “against Defendant” and for an award of costs on the grounds that Plaintiff's Complaint states facts sufficient to constitute a cause of action against Defendant and that based on the Court's order deeming facts admitted, Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of Plaintiff's Compla...

Excerpt: ...OSITION OF DUNCAN MACKENZIE MILLER TENTATIVE RULING: The motion is GRANTED IN PART. Let a protective order issue staying the deposition of Plaintiff Duncan Mackenzie Miller until May 9, 2022. The matter is also CONTINUED to May 4, 2022, at 8:30 a.m. in Dept. B for further hearing. To the extent that Plaintiff wishes to seek a further delay in the Deposition past the May 9, 2022 date, he shall, no later than April 26, 2022, file and serve a brief ...

Excerpt: ...no proof of service of the motion on Crestbrook Insurance Company. Crestbrook Insurance filed no opposition. “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.) Moreover, the issues raised through the motion appear to be MOOT. According to the Notice of Motion, “Duncan Mackenzie Miller will...

Excerpt: ...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”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Petitioner failed to file a formal notice of motion. Nonetheless, the Court makes every reasonable effort to construe the ope...

Excerpt: ...he depositions of defendants Dennis Whitfield, M.D. (Dr. Whitfield) and Gansevoort Dunnington, M.D. (Dr. Dunnington) (collectively, Defendants) and compelling Defendants to appear for deposition no later than April 29, 2022. 3 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 emai...

Excerpt: ...ts also notice the motion as one for summary judgment on defendant City of Napa's (City) cross‐complaint on the ground that Defendants are not jointly and severally liable to Plaintiff “upon this Court's granting of the moving Defendants' summary judgment as to [Plaintiff].” (Notice at 2:10‐14.) 6 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 dire...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. The motion...

Excerpt: ...orneys' fees incurred in bringing the motion. The proof of service of Plaintiff's motion indicates that Plaintiff provided notice only to Defendant and not Defendant's attorney of record, Buchalter. (See also Supplemental Declaration of Steven Bleasdell, ¶ 2.) Moreover, the proof of service of Plaintiff's underlying discovery requests made pursuant to Code of Civil Procedure sections 708.020 and 708.030 indicates that Plaintiff served the reques...

Excerpt: ...h. Third Street further moves, pursuant to Code of Civil Procedure section 368.5, for an order granting leave for Third Street to be substituted in place of Syar for purposes of Syar's affirmative claims against Defendants RLM Construction Services, Inc. (RLM) and Michael Reyes (Reyes). Third Street's request for judicial notice of the Court filings in this case (Exhibits 1‐4) is GRANTED but not for the truth of the matters asserted therein. I....

Excerpt: ...eged pursuant to Civil Code section 47, subdivision (b); (2) the alleged defamatory statements are privileged based on Plaintiff's consent to their publication; and (3) Hearn suffered no damages. A. PG&E'S EVIDENTIARY OBJECTIONS PG&E's evidentiary objections suffer, generally, from a degree of uncertainty. Each written objection is required to “quote or set forth the objectionable statement or material....” (Rules of Court, rule 3.1354, subd....

Excerpt: ...es her water from the City of St. Helena. She can be fair and impartial in this matter. The motion is DENIED. Plaintiff moves the Court, pursuant to Code of Civil Procedure sections 187 and 1048, for an order consolidating “for pretrial purposes” the action with the action entitled Water Audit of California v. the City of St. Helena, et al., pending as case number 21CV000859 before the Court, on the grounds that both cases involve the same qu...

Excerpt: ...ions thereto are without merit. Finally, plaintiff seeks monetary sanctions against Defendant in the amount of $1,860.00. Plaintiff acknowledges that, subsequent to Plaintiff's filing of the instant motion, Defendant produced additional responses to the subject discovery.4 (See Reply at 2:4‐6, 3:11‐ 13.) The Court shares Plaintiff's frustration at the waste of time and effort necessitated by Defendants' failure to provide the supplemental res...

Excerpt: ...endant) served on SafeWay Psychological Services (SafeWay). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (3) the subpoena is vague, ambiguous, overbroad, and not reasonably calculated to lead to the disc...

Excerpt: ...IN PART. Plaintiff shall serve, within 10 days from notice of entry of the present order, verified supplemental responses to special interrogatory nos. 4‐6 and request for production of documents nos. 1 and 3 in accordance with the discussion below. Defendant argues that the unverified responses to special interrogatory nos. 4‐6 are not complete and straightforward pursuant to Code of Civil Procedure sections 2030.210 and 2030.220, subd. (a)....

Excerpt: ...ued as a shareholder without the minimum legal requirements of showing he controlled and participated directly in the alleged wrongful conduct”; (2) “there is no legal duress, no wrongful acts (allegations of actions/inaction) – essential elements of a Financial Abuse cause of action”; and (3) “[the third cause of action] relies on inadmissible and uncorroborated storytelling to contradict a fully integrated contract.” (Notice at 2.) ...

Excerpt: ... at issue and Plaintiff lives in New York state. 16 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. 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 ma...

Excerpt: ...opez (collectively, “Plaintiffs”), in their individual capacities and as heirs and successors‐in‐interest to decedent Edelmira Ruiz Lopez (“Decedent”). Defendants bring the motion on the grounds that the undisputed material facts demonstrate that the action is barred as a matter of law by the exclusive remedy provisions of the Worker's Compensation Act (“Act”) (Lab. Code, § 3601, subd. (a) and § 3602, subd. (a).) The moving part...

Excerpt: ...ories, requests for production, special interrogatories, and requests for admissions; and (2) awarding the amount of $2,865 as reimbursement/sanctions against Defendant. I. MOTION TO COMPEL Pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280, if a party to whom interrogatories, requests for production of documents, and/or requests for admissions have been directed fails to comply with the request, then the party to whom ...

Excerpt: ...Request for Production of Documents, Set One. 5 The subject of the present motion is a single document: the original of the Sixth Amendment to the Miller Family Trust. It appears uncontroverted that in response to Plaintiff's counsel's suggestion that the document, or the signature thereupon, may have been forged, Defense undertook to lodge the original with the Court.1 As such, the subject document is no longer in Defendant's possession, custody...

Excerpt: ...ecords under Superior Court case number 19WL000052. 6 the subject roadway did not pose a substantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. I. PROCEDUR...

Excerpt: ...e Court of its election (for the lodged records to be filed unsealed). This notification must be received within 10 days of the date of the present order denying the motion to seal. (See Rules of Court, rule 2.551, subd. (b)(6).) Defendant Pacific Gas & Electric Company (PG&E) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the following documents relating to PG&E's concurrent Motion to Retain Confidentiality and Mo...

Excerpt: ...efore 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 moving party is present at the hearing. Petit...