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753 Results

Location: Napa x
2022.10.06 Motion to Compel Responses 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.06
Excerpt: ...omplainants”) Requests for Production of Documents, Set One no later than 15 calendar days after notice of entry of the present order. Mr. Nguyen and his counsel are ordered to pay to Cross‐ Complainants, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the total amount of $4,413.75. Cross‐Complainants move, pursuant to Code of Civil Procedure section 2031.300, subdivisions (b) and (c)...
2022.10.06 Motion for Summary Judgment, Adjudication 827
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.06
Excerpt: ...dgment or, in the alternative, summary adjudication of all five causes of action asserted against it in Plaintiff Frederick Just's (“Just” or “Plaintiff”) Complaint, based on 10 separately‐ enumerated grounds identified as Issues I‐X. (See, generally, Notice of Motion.) The Court rules on CalVet's evidentiary objections as follows: Objection Nos. 1‐3, 6: The respective subjects of these objections are not relevant to the Court's res...
2022.10.04 Motion for Contempt 862
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.04
Excerpt: ... A. Lawson (“Mr. Lawson”), as the managing member and Chief Executive Office of Defendant, for up to five days or, under Code of Civil Procedure section 1219, subdivision (a), until Defendant has complied with the Court's Order and paid all outstanding sanctions and penalties, and (3) an order awarding its attorney's fees and costs incurred in connection with this Motion in the amount of $3,337.50. The moving party failed to include in the no...
2022.09.29 Motion to Enforce Judgment 413
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.29
Excerpt: ...dant (“Judgment”). (Notice at 2‐3.) By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant's previous violations of the Judgment through and including January 31, 2022 to allow Defendant time to abate all prior violations by (1) obtaining any legally required permits from Napa County, (2) performing the required abatement work as set forth in the approved permits and in accordance with any conditions ...
2022.09.29 Application to Modify Default Judgment 356
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.29
Excerpt: ...nable costs to distribute payment to the Class once collected from the debtors; and (3) to clarify the timing of the payments to the Class now that the timing and amount of collection is reasonably certain to maximize efficiency.” (Ex Parte Application at 2:4‐9 (App.).) The relief sought requires Plaintiff to proceed by noticed motion. Plaintiff relies on Code of Civil Procedure, section 685.040 which provides that, “[a]ttorney's fees incur...
2022.09.28 Motion for Summary Judgment, Adjudication 179
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.28
Excerpt: ...dgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 n...
2022.09.28 Motion for Summary Adjudication 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.28
Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...
2022.09.27 Motion to Set Aside and Vacate Default, Judgment 989
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.27
Excerpt: ...subject matter. Plaintiff is directed to give Defendant notice of the continued hearing. 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 re...
2022.09.22 Petition to Compel Arbitration 832
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.22
Excerpt: ...o file and serve, no later than October 14, 2022, a supplemental opposition, of no more than 10 pages in length, addressing Petitioner's supplemental memorandum and/or issues raised herein below not raised through the supplemental memorandum. Petitioner is then granted leave to file and serve, no later than October 19, 2022, a supplemental reply brief, of no more than 5 pages in length responding to Respondent's arguments. Petitioner Service Empl...
2022.09.16 Motion for Leave to Amend FAC 342
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.16
Excerpt: ... novel allegations of the Proposed SAC, with cut‐off dates calculated pursuant to the Code of Civil Procedure based on the new trial date. Plaintiffs Frank Wang and Laura Young (collectively Wangs) move, pursuant to Code of Civil Procedure, sections 473, subdivision (a)(1), for leave to file a Second Amended Complaint in the form attached as Exhibit 1 to the Declaration of Anna St. John (Proposed SAC) for the purpose of “add[ing] or adjust[in...
2022.09.15 Demurrer 512
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...
2022.09.15 Motion for Judgment on the Pleadings 767
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ... negligence asserted in the Third Amended Complaint (“TAC”),4 on the ground that, under Sheen v. Wells Fargo Bank, N.A.. (2022) 12 Cal.5th 905, 915 reh'g denied 2022 Cal. LEXIS 2930 (Cal. June 1, 2022) (“Sheen”), Chase owes no duty of care to Plaintiffs as a matter of law and cannot be held liable for negligence. 4 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on Sep...
2022.09.15 Motion to Enforce Judgment 413
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ...rcises its discretion to consider Defendant's late‐filed Opposition, which, to the Court's best understanding, requests an evidentiary hearing on the motion and another continuance to allow time to prepare for an evidentiary hearing and to retain counsel. Defendant provides no authority, or showing of good cause, for either request. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without te...
2022.09.15 Petition for Writ of Mandate 476
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ... 2:3‐6.) Through the Petition, Petitioner contends that “DMV abused its discretion and illegally withdrew Petitioner's driving privilege after her administrative interview appointment when Petitioner demonstrated, through her testimony, that she was not a negligent operator of her vehicle and has no physical or mental conditions which affect her ability to safely drive. The withdrawal of Petitioner's driving privilege is not supported by the ...
2022.09.14 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.14
Excerpt: ...CEDURAL MATTERS 1. Initial Moving Papers In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a decl...
2022.09.13 Motion to Compel Further Responses 242
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...iant verification as to all of its Special Interrogatory Responses no later than 15 calendar days after notice of entry of the present order. Plaintiff moves, pursuant to the Code of Civil Procedure, sections 2030.300, subdivision (a), for an order compelling Defendant EVIG, LLC to produce further responses to Plaintiff's Special Interrogatories, Set One (Subject Discovery) on grounds that Defendant's objections are without merit or too general, ...
2022.09.13 Motion for Judgment on the Pleadings 607
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...plaint. 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 continuance ...
2022.09.13 Demurrer to FAC 769
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...rtgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amended Complaint (“FAC”) filed on June 13, 2022 against Movants and Law Office of Les Zieve (collectively, “Defendants”). The demu...
2022.09.09 Motion to Compel Responses, for Sanctions 384
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.09
Excerpt: ...n 15 calendar days after notice of entry of the present ruling, sanctions in the amount of $772.50 to Defendant, care of his attorney of record. Defendant Marco Hernandez Peralta moves, pursuant to Code of Civil Procedure, section 2030.290, for an order compelling Plaintiff Elijahnick Brown to provide full and complete verified responses, without objections, to form interrogatories, special interrogatories and requests for production of documents...
2022.09.09 Motion for Determination of Good Faith Settlement 481
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.09
Excerpt: ... is in good faith.2 The motion is opposed by Defendant Michael Buchanan (Buchanan). “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors....” (§ 877.6, subd. (a)(1).) Importantly, the par...
2022.09.08 Motion to Compel Further Responses 293
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...rank J. Ballentine Irrevocable 2012 Trust dated May 11, 2012 (“Respondent”) moves, pursuant to Code of Civil Procedure2 sections 2023.010 et seq., 2030.290, 2031.310, 2031.320 and 2033.290, for an order compelling Petitioner William V. Ballentine Jr. (“Petitioner”) to further respond, under oath, and produce all responsive documents and a privilege log, to the Respondent's Form Interrogatories – General, Set One, Nos. 8.1, 8.8, 9.1, 9.2...
2022.09.08 Motion to Compel Answers, Monetary Sanctions 240
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...a monetary sanction to Plaintiff in the sum of $1,060. 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 bel...
2022.09.08 Motion for Summary Judgment, Adjudication 131
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...est oral argument on the below tentative ruling, a copy of which was emailed to the parties on August 25, 2022. Defendant City of Napa requested oral argument. As such, the parties shall appear for oral argument. TENTATIVE RULING: The Motion is DENIED. I. PROCEDURAL MATTERS Defendant City of Napa (“City”) moves, pursuant to Code of Civil Procedure section 437c, for summary judgment, or in the alternative, summary adjudication of the single ca...
2022.09.08 Demurrer 512
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...
2022.09.07 Demurrer to FAC 769
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.07
Excerpt: ...hellpoint”) and the Bank of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amen...

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