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184 Results

Location: Napa x
2019.4.19 Motion for Protective Order 509
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.4.19
Excerpt: ... and the letter from Dr. Steven Gross. (Code Civ. Proc., § 2025.420; Webster Decl., ¶¶ 4‐5, Supp. Webster Decl., Ex. B [stating Ryan has an orthopedic condition requiring surgery, and will need to recover before being able to travel].) The Court realizes professional courtesies may have broken down in this case, which may have thwarted resolving this during the meet‐and‐confer process, but before the Court is a 78‐year‐old woman unde...
2019.4.9 Demurrer 249
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...d. SUSTAINED WITH LEAVE TO AMEND as to the Seventh cause of action for intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress requires (1) extreme and outrageous conduct by the defendant; (2) intention to cause or reckless disregard of the probability of causing emotional distress; (3) severe emotional suffering; and (4) actual and proximate causation of the emotional distress. Heller v. P...
2019.4.9 Motion for Judgment on the Pleadings 427
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.4.9
Excerpt: ...endants to file a reply.1 Cootes thereafter filed her second supplemental opposition along with a request for judicial notice. Cootes attached to the second supplemental opposition a proposed first amended complaint. Defendants filed their reply and an objection to the request for judicial notice. The Court subsequently granted Cootes' request to file a sur reply as well as a response to the objection to her request for judicial notice. The Court...
2019.4.9 Motion to Expunge Lis Pendens 457
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...e, however, involved a dispute over the petitioner's claim to an easement. No easement is at issue in this case. Plaintiff does not allege that Defendant has presented any right to possession or title to Plaintiff's property. Plaintiff's first amended complaint asserts that “Defendant's conduct will eventually interfere with Plaintiff's possession of the Scott Property through the imposition of a servient easement in favor of Defendants across ...
2019.4.9 Motion to Strike 779
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...ablishing that plaintiff is entitled to the relief sought. Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255. In establishing a claim for punitive damages, plaintiff must show by “clear and convincing” evidence that the defendant is guilty of oppression, fraud or malice. Civil Code § 3294(a). Plaintiffs fail to do so here, and fail to demonstrate how they may amend their Complaint to properly state a punitive damages claim. Accordin...
2019.4.9 Demurrer 642
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...h, fifth, and sixth causes of action on the ground that the Court previously issued a tentative ruling in a different action is overruled. A tentative ruling is not a ruling. Plaintiffs dismissed the prior action before the Court ruled on the demurrer. Demurrer to the first cause of action (breach of contract) is sustained with leave to amend. The claim alleges that “Defendants failed to perform its duties” and “cancelled Plaintiff's loan m...
2019.4.9 Motion for Reconsideration, for Declaratory Relief 219
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.3.5 Motion to Correct Errors 467
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2019.3.5
Excerpt: ...r's recommendations or, in the alternative, motion to correct and remedy the errors in these proceedings by instructing the Partition Referee he should recommend an allocation of water and recommend the scope of access as part of the partition proceedings is DENIED. This is an untimely motion for reconsideration not supported with any new or different facts, circumstances, or law. (Code Civ. Proc., § 1008.) The untimeliness of the motion notwith...
2019.2.1 Motion to Strike 063
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.2.1
Excerpt: ...ty to submit new evidence with a reply brief. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241.) The decision whether to admit such evidence is within the trial court's discretion. (Id.) The Court finds that the evidence and legal argument sections of Petitioner's reply brief subject to the present motion are new, and improperly submitted. For this reason, the Court orders the following stricken from the record: A) Section II of the Reply...
2019.1.31 Demurrer 211
Location: Napa
Judge: Price, Diane
Hearing Date: 2019.1.31
Excerpt: ... relief (implied partnership); fourth cause of action for breach of contract to make a will; fifth cause of action for promissory estoppel; sixth cause of action for fraudulent misrepresentation; and seventh cause of action for promissory fraud is OVERRULED. 1 The Demurrer does not specify any ground of demurrer to the eighth cause of action. Arguments as to the propriety of such demurrer are therefore not properly before the Court. (Cal. Rules o...
2019.1.30 Demurrer 261
Location: Napa
Judge: Price, Diane
Hearing Date: 2019.1.30
Excerpt: ....4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Id.) Here, the pleading is certain enough to allow NGI to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. NGI's demurrer to the first cause of action for express indemnity on the ground the claim fails to indicate whether the purported agr...
2019.1.30 Motion to Compel Further Responses, for Sanctions 735
Location: Napa
Judge: Price, Diane
Hearing Date: 2019.1.30
Excerpt: ...ain requested additional responses. Huff served second amended responses in November, 2018. Plaintiff contends that Huff's responses to some fifteen form interrogatories remain incomplete, insufficient, non‐responsive, and evasive, and that objections thereto lack merit. In responding to interrogatories a party may provide answers, objections, or election to allow inspection and copying of records. (Code Civ. Proc. § 2030.210, subd. (a).) Each...
2019.1.29 Motion to Expunge Lis Pendens 491
Location: Napa
Judge: Price, Diane
Hearing Date: 2019.1.29
Excerpt: ...ating to and based on those declarations. The Court may disregard new matters included in reply papers as inappropriate on the ground that such inclusion deprives the opposing party of the chance to respond or rebut. (Savient Pharmaceuticals, Inc. v. Dept. of Health Services (2007) 146 Cal.App.4th 1457, 1472.) As fully discussed below, Defendants not only could have raised these issues and included the additional materials in their moving papers,...
2018.8.8 Motion to Dismiss Complaint 082
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.8.8
Excerpt: ...e, § 452, subd. (d); Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Pursuant to Code of Civil Procedure section 581, subdivisions (f)(3) and (m), the Motion is GRANTED only as to Rockzilla, LLC. The Verified First Amended Cross‐Complaint of C. Randall Callahan and Raja Development Inc. (FACC) was only stricken as to Rockzilla, LLC. Rockzilla's Motion to Strike, filed March 2, 2018, was limited to the claims against Rockzilla. (See Motion, 5:8‐...
2018.8.2 Motion for Attorney's Fees 211
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.8.2
Excerpt: ... Ex. B, ¶ 25.) Notice of entry of judgment was filed on April 30, 2018, in defendant's favor. Because defendant is the prevailing party, the Court turns to the application of the lodestar. Courts use the lodestar method for determining the amount of attorney's fees to be awarded to the prevailing party. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131‐32.) The lodestar is arrived at by multiplying the number of hours reasonably expended by couns...
2018.7.31 Motion for Summary Judgment, Adjudication 125
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.7.31
Excerpt: ...ern over text messages she received from her mother's boyfriend. Plaintiff formed the opinion the text messages were a reportable offense, and made an informal report to Child Protective Services. On 01/25/17, the student returned to plaintiff's office with further complaints of a sexual nature involving her mother's boyfriend. Plaintiff formed the opinion based on seeing the text messages and other information provided that reportable offenses w...
2018.7.31 Motion to Quash Deposition Subpoena 777
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.7.31
Excerpt: ...yond the loss date of February 21, 2017, when a large tree fell and damaged a guest cottage on her property. The production of documents from Airbnb after the date of loss are reasonably calculated to lead to the discovery of admissible evidence as set forth in defendant's opposition. ...
2018.7.31 Demurrer 509
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.7.31
Excerpt: ... notably along the northern boundary. Plaintiff retained various experts to assess the condition, and ultimately caused to be constructed upon the property a retaining wall with accompanying drainage system. In early 2017, torrential rains caused a landslide at the property. Plaintiff contends that the various experts employed to advise, design and construct the retaining wall and drainage system breached their respective agreements and performed...
2018.7.24 Demurrer 339
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.7.24
Excerpt: ...r judicial notice of related documents recorded in the Napa County Recorder's Office. This Court previously sustained a demurrer to these same causes of action, giving plaintiff a chance to reconsider. Pertinent Background Facts (as drawn from the pleadings and related documents) On or about 01/26/05, plaintiffs Helen and Arsenio Palle (“plaintiffs”) borrowed $439,951.00 from Bank of America, NA (“BANA”). The loan was memorialized by a pr...
2018.7.20 Demurrer 435
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2018.7.20
Excerpt: ...those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortg., Inc. v. Tope (2014) 233 Cal.App.4th 437, 453.) Defendant challenges the first element. To satisfy the first element, a plaintiff must allege, inter alia, mutual assent and sufficiently definite contractual terms. (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 208; see Ersa Grae Corp. v. Fluor Corp. (...
2018.7.9 Motion for Judgment on the Pleadings 542
Location: Napa
Judge: Stone, Rodney
Hearing Date: 2018.7.9
Excerpt: ... with the precepts set forth in People v. Harbolt (1997) 61 Cal.App.4th 123, 126‐27 [discussing the limited purposes for which a court may take judicial notice of a court record: “Evidence Code sections 452 and 453 permit the trial court to ‘take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached‐in the documents such as orders, statements of decision, and judgments but c...
2018.6.28 Demurrer, Motion to Strike 391
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.6.28
Excerpt: ... action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff's Complaint, Plaintiff alleges that the <0057000300150013001400 0003005a00520058004f[d require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Ci...
2018.6.15 Motion for Clarification or Reconsideration Re Motion to Disqualify Counsel 976
Location: Napa
Judge: Price, Diane
Hearing Date: 2018.6.15
Excerpt: ...g procedure. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event Defendants' counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs' Motion is DENIED. Plaintiffs have not presented any new or different facts, circumstances, or law, as required by Code of Civil Procedure section 1008. Se...
2018.6.14 Motion to Set Aside Default Judgment 966
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2018.6.14
Excerpt: ...hat she is, therefore, entitled to equitable relief from the default despite the significant passage of time since its entry. The case is set for an OSC re: Dismissal on July 31, 2018, at 2:00 p.m. in Dept. C. The clerk is directed to send notice. ...
2018.6.14 Motion for Leave to Amend Complaint 082
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2018.6.14
Excerpt: ...s the original Cross‐Complaint; any proposed amendment would be from the Cross‐Complaint, as the previous pleading. In addition, the Order Denying Ex Parte Application for Order of Dismissal filed May 30, 2018 required Cross‐Complainants Callahan and Raja to verify any proposed amended crosscomplaint. The proposed amended cross‐complaint is not verified. The Motion is also not supported by a separate declaration specifying when the facts ...

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