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851 Results

Location: Napa x
2023.02.02 Motion to Compel Deposition of PMQ 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...
2023.02.02 Demurrer to SAC 270
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...rder and Defendants thereafter deny or delay coverage. A. Procedural Matters Defendants Hallmark Specialty Insurance Company (“Hallmark”), Western World Insurance Company (“Western World”), and AXIS Surplus Insurance Company (“AXIS”) (collectively, “Moving Defendants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the Second Amended Complaint (“SAC”) filed by Plaintiff Spring Mountain Vineyards...
2023.02.02 Demurrer 360
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...t to constitute a defense as required by [Code of Civil Procedure section] 430, subdivision (a), misstates facts or asserts an inapplicable defense.” (Notice at 1‐2.) As an initial matter, the Court notes that Code of Civil Procedure section 430 was repealed in 1972. That said, Plaintiff provides the applicable statutory grounds for her demurrer in her support memorandum. (See Support Memo at 1:19‐21, citing Code Civ. Proc., § 430.20.) The...
2023.02.02 Demurrer 123
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.02
Excerpt: ... present ruling, to amend the Complaint to: 1) state a claim entitling them to the requested judicial decree, and 2) strike the word “may” from paragraph 21. 23 I. PROCEDURAL MATTERS Defendants Sheila Loewenstern and Norman Loewenstern demur to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. Defendants' Request for Judicial Notice is DENIED in its entirety...
2023.02.01 Special Motion to Strike 269
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.01
Excerpt: ...h the Complaint are based on acts by Defendants in furtherance of their free speech rights and are therefore subject to a special motion to strike. In making the following ruling, the Court did not rely on any of the portions of the Declaration of John S. Rueppel that are the subject of Defendants' evidentiary objections and on that basis, the objections are MOOT. “The special motion to strike established in section 425.16 may be used to attack...
2023.02.01 Motion to Strike FAC 314
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.01
Excerpt: ...ex parte application seeking an order to, among other relief, continue the deadline by which Plaintiffs were required to file the FAC. The matter came on ex parte on August 23, 2022, with Micheal A. Thompson appearing on behalf of Plaintiffs and Nathaniel Bigger appearing on behalf of Defendants. (See August 23, 2022 Minute Order (8/23 M.O.). The 8/23 M.O. states, “Counsel advised the Court that they had entered into a Stipulation as follows:.....
2023.02.01 Demurrer 149
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.01
Excerpt: ...tiffs failed to allege facts sufficient to establish that either Jamcan or AC I enjoy standing to 6 maintain their claims and on the further grounds that the allegations of the first cause of action are fatally uncertain. While the moving party includes an abstract reference to the Court's tentative ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The moving part...
2023.01.31 Motion to Compel Further Responses 286
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.31
Excerpt: ...2033.290, for an order compelling Cross‐Defendant Albert Czap to serve further verified responses, without objections, to Form Interrogatory Nos. 2.11, 12.4, 13.1, and 17.1 and Request for Admissions Nos. 1‐3, 9‐10, 13‐16, and 21‐26 on the grounds that Czap “has failed, without justification, to serve proper responses to these Discovery Requests.”1 (Notice of Motion at 2:4‐8, 11‐13.) Wang also moves, pursuant to sections 2023.01...
2023.01.31 Demurrer to SAC 460
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.31
Excerpt: ...lfth, Thirteenth, Sixteenth, and Seventeenth Causes of Action in the Second Amended Complaint (“SAC”) filed by Plaintiff Genevieve Walsh (“Plaintiff”). 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 requirem...
2023.01.31 Demurrer 307
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.31
Excerpt: ...oes not state facts sufficient to constitute a cause of action because it is untimely under Probate Code section 9100. 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 L...
2023.01.27 Motion to Strike 166
Location: Napa
Judge: Guadagni, Raymond
Hearing Date: 2023.01.27
Excerpt: ...llegations of the Cross‐Complaint, and should be stricken.” (Notice of Motion at 2:4‐12.) The Court lacks jurisdiction to hear the matter. “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. 3 Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers ...
2023.01.26 Motion to Compel Responses, for Monetary Sanctions 075
Location: Napa
Judge: Guadagni, Raymond
Hearing Date: 2023.01.26
Excerpt: ...ubject requests for production of documents is GRANTED. Doricko is ordered to produce responses to Ivanov's Request for Production of Documents, Set Two, without objections, no later than 10 calendar days from the date of notice of entry of the present order. Plaintiff withdrew the request for sanctions through the Reply Brief filed January 20, 2023. The moving party failed to include in the notice of this motion proper notice of the Court's tent...
2023.01.24 Motion to Compel Responses 738
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.24
Excerpt: ...e Subject Discovery are deemed waived. Plaintiff is also deemed to have waived his right to produce documents in lieu of responses to the subject interrogatories. 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 forthw...
2023.01.24 Motion for Summary Adjudication 586
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.24
Excerpt: ...Defendants”)1 move for summary adjudication of the first cause of action for reformation and second cause of action for usury asserted in the Second Amended Cross‐Complaint (“SAXC”) filed by Kieu Hoang, Kieu Hoang Winery, LLC, and RAAS Nutritionals, LLC (collectively, “Cross‐Complainants”) on August 19, 2022. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as requ...
2023.01.20 Demurrer 001
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.20
Excerpt: ...filed by Plaintiff Nimer Ibrahim Shiheiber (“Plaintiff”) pursuant to Code of Civil Procedure section 430.10, subdivision (e), 430.030, subdivision (a), and 430.50, subdivision (a) and Rules of Court, rule 3.1320. 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 mis...
2023.01.19 Motion for Leave to File SAC 655
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.19
Excerpt: ...purposes the Court does not permit operative pleadings to be filed in the form of exhibits to other documents. 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 u...
2023.01.18 Request for Default Judgment 977
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.18
Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to the 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 r...
2023.01.18 Motion to Consolidate 035
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.18
Excerpt: ... consolidation will avoid unnecessary costs and delay. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc, § 1048, subd. (a).) The Court finds from a rev...
2023.01.18 Motion for Summary Judgment, Adjudication 062
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...
2023.01.18 Motion for Leave to Intervene 606
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.18
Excerpt: ...ephone 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. “At any time after notice of pendency of action ...
2023.01.18 Motion for Entry of Judgment Pursuant to Written Settlement 412
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...Defendants”). 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 argument or con...
2023.01.18 Demurrer to SAC 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.18
Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...
2023.01.18 Demurrer 123
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.18
Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...
2023.01.10 Motion for Summary Judgment, Adjudication 794
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.01.10
Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH 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 may...
2023.01.06 Motion for Summary Judgment, Adjudication 379
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.01.06
Excerpt: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “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.” (Rules of Cour...

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