Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1198 Results

Location: Napa x
2024.05.24 Motion to Strike 148
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.24
Excerpt: ... and, therefore, the Court has no proof that it was ever posted.” (Notice of Motion at 2:1 -5.) First, these same two grounds were asserted in support of Defendant's demurrer, filed March 28, 2024. The Court overruled the demurrer by Minute Order of April 19, 2024 2 (4/19/24 M.O.). Defendant's motion to strike, therefore, appears to be an attempt to have the Court reconsider the issues determined through the 4/19/24 M.O. Defendant is required ...
2024.05.24 Motion to Compel Further Responses 250
Location: Napa
Judge: Young, Scott
Hearing Date: 2024.05.24
Excerpt: ...ideo is required”). The parties should note that remote appearances are optional, not required. Defendant St. Helena Hospital dba Adventist Health St. Helena (“AHSH”) moves, pursuant to Code of Civil Procedure section 2030.300, for an order to compel Plaintiff Torsten Hans, Kaleena Batoosingh, and Kyra Bell -Hans (collectively, “Plaintiffs”) to provide further responses to AHSH's Special Interrogatories, Set One, Nos. 9, 10, 11, 15, 16,...
2024.05.23 Motion to Stay 928
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.23
Excerpt: ...e VACATED to be reset upon the lifting of the stay of this action. The parties shall file a status report within fourteen (14) days of any decision in the above -referenced cases. The matter is set for a Status Conference Re: Stay for September 20, 2024 at 8:30 a.m. in Dept. A. Defendant is directed to file and serve, five court days prior to the hearing, a status report, not to exceed five pages, which reports on the status of the above -men...
2024.05.23 Motion to Compel Further Deposition, for Monetary Sanctions 284
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.23
Excerpt: ...ition, within 30 calendar days of notice of entry of this order, to provide complete answers, without objection, to the questions contained in Defendant's Separate Statement. The parties are ordered to meet and confer on a mutually agreeable date and time for 8 Plaintiff's continued deposition within the time allowed. The motion for a Discovery Referee and monetary sanctions is DENIED. A. PRELIMINARY MATTERS Defendant Beth Anne Moore (“Defendan...
2024.05.23 Demurrer 022
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.23
Excerpt: ... that a California general partnership “does not have the legal capacity to sue on behalf of decedent Nicola Orciuoli.” (Amended Notice of Motion at 1:25 -2:3.) Plaintiffs argue that the motion fails because Defendants failed to file or serve a demurrer. The Court agrees that the Code of Civil Procedure and Rules of Court contemplate that a demurrer, formally speaking, is a separate document – or at least a separate section of the filing....
2024.05.22 Motion to Compel Responses, for Monetary Sanctions 189
Location: Napa
Judge: Young, Scott
Hearing Date: 2024.05.22
Excerpt: ... 638. Upon any agreement, the parties may submit a stipulation and proposed order. Absent agreement on such appointment, the parties shall appear at the continued hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Loca...
2024.05.22 Motion for Change of Venue 733
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.22
Excerpt: ... an impartial trial cannot be had in Napa County. A. STAY OF CASE Plaintiff's Notice of Motion and Motion state that “filing of a motion for change of venue acts as a supersedeas or stay of proceedings.” (Notice at 1, citing case; Support Memo at 1.) Thus, Plaintiff argues that the pending attorney fee motions and demurrers should be continued until the venue issue has been adjudicated. (Support Memo at 2.) Neither Defendant disputes this co...
2024.05.21 Petition to Vacate Award of Arbitrator 293
Location: Napa
Judge: Young, Scott
Hearing Date: 2024.05.21
Excerpt: ... the Fair Employment and Housing Act pursuant to the State Supreme Court's decision of Pearson Dental Supplies v. Superior Court[] (2014) 48 Cal.4th 665.” (Petition at 2:2- 9.) A. FACTUAL / PROCEDURAL BACKGROUND The following timeline of the parties' dispute appears uncontested. Sometime in or around 2017 Defendant employed Plaintiff as a physician. The parties entered into a formal employment agreement. Disputes regarding the employment soon a...
2024.05.21 OSC Re Preliminary Injunction 698
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.21
Excerpt: ...ive order, are not substantively discussed in counsel's declaration, and are not separated or referenced by exhibit number. The Court cautions Plaintiff's counsel for purposes of future motions that such manner of presenting evidence is not helpful to the Court's analysis of the issues raised. 6 William Deem (“Deem”) or Kimberton Wines, LLC (“Kimberton”) by email, fax, and U.S. first class mail by May 24, 2024. Any opposing papers shall ...
2024.05.21 Motion to Compel Deposition, for Monetary Sanctions 364
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.21
Excerpt: ...able day and time for Mr. Giraudo's deposition within the time allowed. As further discussed below, this ruling makes no determination as to the document requests attached to the Notice of Deposition for Mr. Giraudo. Plaintiff's request for sanctions is DENIED. A. PRELIMINARY MATTERS Plaintiff Balcal Construction, Inc. (“Plaintiff”) moves for an order compelling the deposition of Defendant Louis Giraudo within 20 days and for monetary sanctio...
2024.05.17 Motion to be Relieved as Counsel 218
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17
Excerpt: .... (Rules of Court, rule 3.1362, subd. (a).) 1 By Minute Order of May 10, 2024, the Court granted the parties leave to file any replies by May 13, 2024. No party did so. 6 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. ...
2024.05.17 Motion to Continue Trial 128
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17
Excerpt: ...for a Case Management Conference as to the Landgrebe Cross -Action on September 20, 2024, at 8:30 a.m. in Dept. A. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local...
2024.05.17 Motion to Reopen Discovery 188
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17
Excerpt: ...paid and a date certain for Plaintiff's outstanding discovery responses. Because appearances are required, the parties need not follow Local Rule 2.9 in order to be allowed an opportunity to address the Tentative Ruling. TENTATIVE RULING: The motion is GRANTED IN PART. The parties are granted leave to reopen discovery. However, Plaintiff's timeline for completing the Requested Discovery does not work as further discussed below, and the scope of P...
2024.05.16 Motion to Compel Further Responses 872
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.16
Excerpt: ...der. 2 A. PRELIMINARY MATTERS The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral ar...
2024.05.15 Motion for Judgment on the Pleadings 938
Location: Napa
Judge: Solga, Joseph J
Hearing Date: 2024.05.15
Excerpt: ...tober 18, 2023, Petitioner filed a request for hearing on the merits of the Petition pursuant to Public Resources Code, section 21167.4. “Upon the filing of a request by the petitioner for a hearing and upon application by any party, the court shall establish a briefing schedule and a hearing date. In the absence of good cause, briefing shall be completed within 90 days from the date that the request for a hearing is filed, and the hearing...
2024.05.14 Motion to Compel Responses, for Monetary Sanctions 712
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.14
Excerpt: ...NIED. Plaintiffs JG Masonry, LLC and Jorge Gonzalez (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2030.290 et seq., 2 for an order compelling Defendant General Motors LLC (erroneously sued as General Motors & Chevrolet)3 (“General Motors”) to respond to Plaintiffs' Special Interrogatories, Set One, served on February 19, 2024. Plaintiffs further move, pursuant to sections 2023.030 and 2030.290(c), for an o...
2024.05.14 Motion to Compel Compliance with Production of Docs, for Monetary Sanctions 364
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.14
Excerpt: ...r production numbers 1 -7 served as part of a deposition notice, to produce the materials demanded, and to answer any questions that arise from the documents produced; and (2) for an order compelling Zoe Giraudo and her counsel of record, Vincent Martin Spohn, to pay monetary sanctions in the amount of $3,060 to Plaintiff and its counsel of record. Defendant's Reply to Witness Zoe Giraudo's Declaration and Sur -Reply brief were not timely filed....
2024.05.09 Motion for Summary Judgment, Adjudication 588
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.09
Excerpt: ...re to be awarded against a party who unsuccessfully opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (See Code Civ. Proc., § 2031.320, subd. (b).) On May 3, 2024, the Court granted in part Plaintiffs' motion to compel Defendants' compliance with document demands. However, there is...
2024.05.09 Motion for Sanctions 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.09
Excerpt: ...d a reply brief was due May 7, 2024. The Court has reviewed the moving, opposing, and reply papers. Plaintiffs move for an order for evidence sanctions excluding certain documents pursuant to Code of Civil Procedure section 2023.030(c)3 and/or an order for monetary sanctions in the amount of $22,450 pursuant to section 2023.030(a). Plaintiffs bring their motion for evidence and/or monetary sanctions solely under section 2023.030 of the Discovery ...
2024.05.08 Motion to Strike SACC 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.08
Excerpt: ..., and Oakville Hills Cellar, Inc. (collectively Cross -Defendants) move, pursuant to Code of Civil Procedure sections 435 and 436, for an order striking from the Second Amended Cross Complaint filed March 4, 2024 (SACC), the prayer for exemplary damages and certain allegations therein. Cross - Defendants so -move, “on the grounds that (1) the allegations are not drawn in conformity with the laws of this state or an order of the court, and are ...
2024.05.08 Motion for Judgment on the Pleadings 424
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.08
Excerpt: ...e the SAC is based on an unconstitutional statute. Plaintiff's opposing papers were not timely filed or served, as acknowledged by Plaintiff's counsel. (See Code Civ. Proc., § 1005, subd. (b); Declaration of Allegra Rineer at ¶¶ 3 -4.) Plaintiff filed and served the opposing papers on April 22, 2024, one court day before the County's reply deadline of April 23, 2024. Given the tardiness, Plaintiff states that Plaintiff will not object to a l...
2024.05.03 Request for Costs and Damages 056
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03
Excerpt: ... to the Defendant. The Court indicated at the hearing that date that Defendant could object to the request. Plaintiff complied with this part of the order by filing, on March 4, 2024, a Declaration for Judgment by Court, and a Memorandum of Costs After Judgment. The Declaration of Judgment attests to total costs of $2,383.50, holdover damages of $404.20, waived rent of $282.00 and other costs in the amount of $1,697.30. The Declaration includes,...
2024.05.03 Motion to Enter Judgment 421
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03
Excerpt: ...nt moves for entry of judgment in accordance with the Court's February 16, 2024, Second Order After Hearing on [Reliant's] Motion to Enforce Settlement Agreement (Feb. 16 Order) on grounds that neither defendant Bruce Tucker Construction, Inc. nor any of the remaining settling defendants have paid any amounts in settlement. “[I]f parties to a pending construction defect action stipulate personally or, where a party's contribution is paid on its...
2024.05.03 Motion to Compel Deposition 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03
Excerpt: ... leave to comply with the procedural subpoena requirements and complete the deposition of Zina Malhotra past the discovery cut -off date. The motion to compel documents is GRANTED. Defendants shall, within 10 days of notice of entry of order, produce all responsive documents to the subject discovery and provide supplemental verified responses to the subject discovery requests to indicate their compliance. Defendants' request for sanctions is DEN...
2024.05.02 Motion for Judgment on the Pleadings 139
Location: Napa
Judge: Young, Scott
Hearing Date: 2024.05.02
Excerpt: ...s Statement of Decision and Order, filed August 22, 2023, in the matter captioned In the Matter of the Delacy Family Trust, bearing case number 20PR000189 (hereinafter, Probate Action and Probate Action Statement of Decision). Request No. 2: DENIED as to the form attached as Exhibit B to the Request. However, the Court takes judicial notice of its docket in the matter. Request No. 3: DENIED. The Court's Tentative Rulings are not orders of the Co...

1198 Results

Per page

Pages