Excerpt: ...t 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. 5 O.Y. Nofar Energy Ltd. (OYN), named as a Defendant in the Complaint,2 specially appears in order to move for an order quashing service of summons on grounds that service was not properly made and further that the Court lacks ...

Excerpt: ...er modifying Plaintiff's obligation to respond to Defendants' Special Interrogatory Nos. 103 -139. Finally, Plaintiff requests the imposition of monetary sanctions pursuant to Section 2030.090, subdivision (d), against Defendants and their counsel of record Evan Kroll. “This Motion is made on the grounds that while California's Code of Civil Procedure permits additional interrogatories when accompanied by declaration of necessity...Defendan...

Excerpt: ...al 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 applicant is present at the hearing. [2] MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF PERSONAL JURISDICTION TENTATIVE RULING: The motion is GRANTED. The Court finds that summons has not been properly served on Defenda...

Excerpt: ...5 -days have not yet passed. (See, e.g., Declaration of Nafia J. Weston at ¶ 9.) Unless extended by agreement of the parties, the deadline for any subsequent motion to compel is 45 days from the date the defendants served their verified supplemental responses. A. PRELIMINARY MATTERS Plaintiffs move to compel Defendants to respond to the Discovery Request of Special Interrogatories, Set One, and Production of Documents, Set One. The Motion is m...

Excerpt: ...d to Plaintiffs' sole remaining cause of action for ejectment. (See OSC dated June 14, 2024.) The Court ordered Defendants to file and serve briefing to support the motion on July 2, 2024 and Plaintiffs to file and serve an opposition on July 12, 2024. 2 Defendants filed a brief on July 2, 2024. There is no Opposition by Plaintiffs in the Court file. On July 17, 2024, Defendants filed a Notice of Non -Opposition indicating that Plaintiffs d...

Excerpt: ... non- petitioning co-defendants. (See Code Civ. Proc., § 1281.2.) TPMG petitions the Court, pursuant to Code of Civil Procedure, section 1281.2, for an order compelling Plaintiff to arbitrate her claim against Petitioner on grounds that Decedent (defined below) contractually agreed to submit claims of the type here asserted to binding arbitration. A. PROCEDURAL BACKGROUND 5 Through the Fourth Amended Complaint (4thAC) Plaintiff Melinda Marie Da...

Excerpt: ... 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. Plaintiffs Jackson Rancheria Casino Resort and Jackson Rancheria Band of Miwuk Indians moves for an order compelling the product...

Excerpt: ...al.App.4th 54.) 19 CONTINUED EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER AGAINST DEFENDANTS TO STAY FORECLOSURE PROCEEDINGS TENTATIVE RULING: The application is GRANTED. Pending an outcome of this litigation, Defendant Northgate Cottages at Silverado, Inc. (“Defendant”) is restrained and enjoined from proceeding on any foreclosure efforts against the real properties commonly known as...

Excerpt: ... A. PRELIMINARY MATTERS Defendant Ford Motor Company (“Defendant”) moves, pursuant to Code of Civil Procedure section 438,1 for an order for judgment on the pleadings as to Plaintiff Chad Morin's (“Plaintiff”) First Amended Complaint (“FAC”). By Minute Order dated June 14, 2024, the Court continued the matter to allow the moving party to provide sufficient notice of the motion. Plaintiff was granted leave to file and serve a complete...

Excerpt: ...ed 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 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. Defendant TheKey ...

Excerpt: ...ted to 5 submit a proposed order to show cause (OSC) re contempt that is directed to the Defendants William Hamilton and One87 Wine and Cocktails, Inc. (One 87). The Court sets the hearing on the OSC for September 6, 2024, at 8:30 a.m. in Dept. A. Plaintiff Glow Beverages, Inc. moves, pursuant to Code of Civil Procedure § 2023.030, subds. (d)(1) and (4) for an order: (1) granting Plaintiff terminating sanctions on its complaint against Defendant...

Excerpt: ...tration Agreement”) purportedly waiving the parties' rights to non- statutory punitive or exemplary damages is ORDERED SEVERED as specified below. The “non -individual” portion of the Twelfth Cause of Action is STAYED pending arbitration. The matter is set for a Hearing Re: Status of Arbitration on January 12, 2025, at 8:30 a.m. in Dept. A. A. PRELIMINARY MATTER Defendant Restoration Hardware, Inc. (“RH” or “Defendant”) moves for a...

Excerpt: ...of this action, does not relate to privileged or private matters, and Plaintiff is entitled to the response.” (Notice of Motion at 2:1 -3.) Mr. Gomez provided the same response to each of the Subject Requests: “After reasonable inquiry concerning the matter in this particular request, the information known or readily obtainable to the Responding Party does not allow him to admit because he has no direct knowledge [of the subject of the reques...

Excerpt: ...DARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (§ 418.10, subd. (a)(1).) Although defendant is the moving party, the burden of proof is on plaintiff to defeat the motion by establishing that jurisdictional g...

Excerpt: ...sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees . . . shall be paid by the plaintiff before the transfer is made.”].) Upon receipt of payment, the clerk of this Court is directed to (1) transmit to the clerk of the court in Sonoma County the papers and pleadings on file in this proceeding and (2) mail notice to all parties who have ...

Excerpt: ... at 8:30 a.m. in Dept. B. The moving party shall file a final report regarding compliance by March 10, 2025. The Court has discretion to make an incentive award to a named plaintiff after considering the actions that the plaintiff has taken to protect the interests of the class, the degree to which the class has benefited from those actions, and the amount of time and effort the plaintiff has expended in pursuing the litigation. (Clark v. Amer...

Excerpt: ... moving party shall file a final report regarding compliance by March 10, 2025. The Court does not find that an award of $10,000 is justified on the record in this case, where the average payout to the Class Members is approximately $275 ($108,883.09 Net Settlement Amount / 395 Participating Class Members). The Court has discretion to make an incentive award to a named plaintiff after considering the actions that the plaintiff has taken to pr...

Excerpt: ...[Section] 664.6 and for money damages, holdover damages, attorny's fees, and costs incurred in this proceeding and additionally incurred for being required to bring this application.” (Application at 1:26 -2:2.) Plaintiff continues, “Plaintiff is requesting that the Court enter judgment against Defendant(s) David Barrientos for possession of the real property located at 223 Knightsbridge Way, American Canyon, CA 94503, Napa County (the "P...

Excerpt: ...n May 13, 2024. Defendant is granted 10 days' leave to file the motion to quash service of summons and complaint in substantially the same form as that attached as Exhibit A to the Motion.1 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 missin...

Excerpt: ...e. A. PROCEDURAL MATTERS Defendant Ann Walter demurs to the Complaint filed by Plaintiff Melinda Stewart on grounds that the Complaint does not state facts sufficient to state a cause of action and that the pleading is uncertain, ambiguous, and/or unintelligible. B. LEGAL ANALYSIS A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material f...

Excerpt: ...llar, LLC (“Plaintiff”) to serve, within fifteen (15) calendar days of the date of the Court's order, complete, code -compliant, and verified written discovery responses, without objections, and with accompanying documents and things, to Defendant's Supplemental Interrogatories, Set One and Supplemental Requests for Production of Documents, Set One (collectively, “Supplemental Discovery”), “as well as amending prior written discovery ...

Excerpt: ... grounds that the action is a strategic lawsuit against public policy. On May 29, 2024, Petitioner Napa Valley Unified School District filed a Notice of Appeal of the Court's April 24, 2024, Minute Order denying Petitioner's motion for a preliminary injunction. With exceptions that do not appear to apply here, “the perfecting of an appeal stays proceedings in the trial court upon the judgment...or upon the matters embraced thereby...but the t...

Excerpt: ...or as otherwise ordered by the Court. All currently set court dates are 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. The County is directed to file and serve, five court days prior to the hearing, a status report, n...

Excerpt: ...rancisco CA. “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., § 2032.310, subd. (a).) Here, it is undisputed that Plaintiff has agreed to appear for two medical examinations with a neurosurgeon and a physical medicine specialist, and that Cross- Defendant's request...

Excerpt: ...he Court incorporates Plaintiff's concession that none of the subpoenas seek the production of employment or payroll records. The motion is DENIED in all other respects. Defendants M. Shanken Communications, Inc. dba Wine Spectator (M. Shanken), Maryann S. Worobiec and Laura Zandi move, pursuant to California Code of Civil Procedure section 1987.1, subdivision (a), for an order quashing Plaintiff April Louis' Deposition Subpoena for Production of...