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244 Results

Location: Napa x
2020.03.17 Motion to Quash 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.17
Excerpt: ...cedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collective...
2020.03.17 Demurrer to Petition for Writ of Mandate 725
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.17
Excerpt: ...ision (d). (Notice of Demurrer and Demurrer at 2:2‐4.) Respondents next assert that decisions made by Harris and Sandoval are not final administrative orders or decisions for purposes of a writ of mandate pursuant to Code of Civil Procedure section 1094.5. (Id. at 2:5‐8.) Finally, Respondents assert that decisions made by Harris and Sandoval are subject to other plain, speedy and adequate remedies in the ordinary course of law, precluding the...
2020.03.13 Motion to Correct Minutes 767
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.13
Excerpt: ...l date sufficiently in the future to take deposition discovery and bring a motion for summary judgment. The motion is, in essence, a motion for reconsideration of the Court's September 26, 2019 decision on the motion to dismiss. The Nunns are seeking to promote waiver and/or estoppel to support further arguments regarding the deadline to bring the case to trial after the remittitur. These arguments are based on facts available to the Nunns and sh...
2020.03.13 Motion to Compel Deposition, for Production of Docs 964
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.13
Excerpt: ...hree calendar days after the submission of Hellman's counsel's trial to the jury or a date thereafter agreeable to the parties. Hellman shall appear, provide testimony, and produce documents at that time. If after taking the deposition more time is needed for discovery related to information learned at the deposition, the parties can discuss whether entering into a stipulation to extend the discovery cut‐off date would be appropriate. The Court...
2020.03.11 Motion for Leave to Supplement and Amend Opposition Papers 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.11
Excerpt: ...s about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.” (See's Candy Shops, Inc. v. Super. Ct. (2012) 210 Cal.App.4th 889, 900.) The Court is sympathetic to Defendant's complaints regarding the burden stemming from Plaintiffs' counsel's election to submit, as evidence in opposition to the underlying motion for summary judgment, interrogatory responses, rather than preparing and filing – or at...
2020.03.10 Motion to Compel Responses 653
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.10
Excerpt: ...d code‐compliant initial responses, without objections, within 10 calendar days of service of notice of entry of order. Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“T...
2020.03.03 Motion to Deem Admitted Requests for Admissions, to Compel Responses 526
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.03
Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...
2020.02.28 Demurrer 536
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.28
Excerpt: ...ative 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant First American Title Insurance Compan...
2020.02.25 Motion to Reconsider Order and Judgment, Demurrer 606
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.25
Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...
2020.02.21 OSC Re Preliminary Injunction 056
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.21
Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...
2020.02.21 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.21
Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...
2020.02.20 Motion to Compel Arbitration 568
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.20
Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...
2020.02.20 Motion to Compel Discovery Responses, to Establish Admissions, for Protective Order 427
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.20
Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...
2020.02.19 Demurrer 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.19
Excerpt: ... causes of action is also sustained as to Plaintiff Khan. Defendants' Request for Judicial Notice is GRANTED IN PART. A. Introduction Defendants Fay Servicing, LLC (Fay), and Wilmington Trust, National Association (Wilmington), (collectively Fay Defendants) demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e), 430.30, subdivision (a), and 430.50, subdivision (a), to the TAC1 . This action involves claims for violations of t...
2020.02.13 Motion to File Records Under Seal 477
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.13
Excerpt: ...er. Ct. (2003) 110 Cal.App.4th 1273, 1283‐84.) However, “there must be substantial prejudice to an overriding interest if the document[ ] is made available to the public.” (Ibid.) As deftly stated in Huffy, supra, 112 Cal.App.4th at p. 107: “Much of the settlement agreement is routine verbiage which appears in most settlement agreements. Further, the settlement agreement has a specific provision that if disclosure is required by a court o...
2020.02.13 Motion to Change Venue 435
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.13
Excerpt: ... second complaint. Plaintiff added the moving defendants as individual defendants in this action. Venue is based on the allegation that the agreements were made in Napa County and plaintiff's principal place of business is in Napa County. (Second Amended Compl., ¶ 10.) There are no allegations regarding venue as to the individual defendants. The addition of the individual defendants impacts venue as it limits the wide choice of venue permitted i...
2020.02.11 Motion to Tax Costs 789
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.11
Excerpt: ...orter fees is unnecessary. According to Throop, court reporter fees are permitted as established by statute. (See Code Civ. Proc., § 1033.5, subd. (a)(11).) The rate of $55 per day under Government Code section 69948 should apply. The Court need not reach this argument because Caymus presents evidence the parties agreed to “split 50‐50” the costs for a court reporter and thereby agreed that the rate charged was acceptable. (Miller Decl., ...
2020.02.11 Motion for Summary Judgment 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.11
Excerpt: ...otion for summary judgment is GRANTED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. B. Plaintiff's Objections to Evidence Objection No. 1 ...
2020.02.06 Petition to Compel Arbitration and Stay Action 475
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.06
Excerpt: ... 15, 2020. Based on that Notice of Errata, the Court accepts and considers the Amended Declaration of Paula Maietta filed January 23, 2020 (Maietta Decl.). Plaintiff's objection number 2 to the Declaration of Paula Maietta is OVERRULED. Defendant Noble House NVWT, LLC (NVWT) petitions the Court, pursuant to Code of Civil Procedure section 1281.2, and 1281.4, for an order to compel arbitration and stay the action as to Plaintiff Jonathan Vaughan. ...
2020.02.06 Motion to Set Aside Default 277
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.06
Excerpt: ... to set aside default is GRANTED. The Clerk's Default Judgment entered against Defendant Myrian McIntosh on January 02, 2020, shall be set aside, and the writ of possession issued thereupon on January 02, 2020 is hereby recalled and of no further force and effect. Defendant's demurrer, attached as Exhibit C to the Declaration of Selwyn Whitehead in Support of Ex Parte Application is deemed filed as of the date of this hearing. The Court sets Defe...
2020.02.04 Motion for Summary Adjudication 078
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.04
Excerpt: ...thwith 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Factual Background The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to provide any health care item or servic...
2020.01.31 Motion for Summary Judgment 415
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.01.31
Excerpt: ...7c, subdivision (a)(3). Defendant did not object to the hearing date, and fully briefed the substance of the motion. Therefore, if Plaintiff, either prior to or at hearing on the matter, is able to present the Court with good cause as to why the matter should be heard less than 30 days prior to the Trial Management Conference: The motion will be GRANTED; Plaintiff shall prepare and file a Proposed Order and Judgment consistent herewith, approved ...
2020.01.30 Motion to Consolidate Actions 213
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.01.30
Excerpt: ...9CV001491 • Oaks, et al. v. Wysinger, et al. – Case No. 19CV001503 As a preliminary matter, the Court cautions Defendant V. Sattui regarding its misrepresentation of the Court's Minute Order of December 20, 2019. That order states, in part, as follows. “[I]t appears from the holding in [Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1472] that the Court is without authority to consolidate the small claims matter, Case No. 19...
2020.01.29 Motion for Entry of Judgment 035
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.01.29
Excerpt: ...st. 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, in person or by CourtCall, unless it is confirmed that no party req...
2020.01.24 Petition to Cancel Mechanic's Lien 798
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.01.24
Excerpt: ... ruling system as required by Local Rule 2.9. Petitioner/counsel is directed to contact the Respondent 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 Petitioner/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Petitioner BNNV LLC petitions the Court, pursuant to Civil Code ...

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