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515 Results

Location: Napa x
2021.10.20 Petition for Further Instruction to Confirm and Authorize Trustee Actions Regarding Personal Property 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.20
Excerpt: ...s December 4, 2020 order for distribution of personal property was not sufficiently clear to allow for a tidy resolution of all concerns 3 regarding the personal property in the trust that was contemplated to be divided roughly in an equal manner between the three beneficiaries. It has become further apparent that Plaintiff Duncan Miller (“Duncan”) was not fully able to comply with the December 4, 2020 order due to physical and financial defi...
2021.10.19 Demurrer, Motion to Strike 343
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.19
Excerpt: ...overnment Code section 815.2, which imposes upon public entities vicarious liability for the tortious acts or omissions of their employees. Plaintiff also brings the claim under Government Code section 820, which delineates the liability of public employees. However, “public entity liability for property defects is not governed by the general rule of vicarious liability provided in section 815.2, but instead by the specific provisions set forth...
2021.10.15 Motion to Compel In-Person Deposition 846
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.15
Excerpt: ...this litigation and defendants are entitled to gauge her credibility in person. Plaintiff's concern that she may contract COVID‐19, after electing not to be vaccinated, as a reason for not wanting to appear for her in‐person deposition appears to not be well‐taken, as the 3 evidence presented with the reply indicates plaintiff has no qualms about travelling around New York City with limited, to no preventative measures being taken. The evid...
2021.10.15 Demurrer 402
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.15
Excerpt: ...can be reached that would resolve the objections to be raised in the demurrer.” The parties have not met this requirement. The Culligan declaration, filed at the same time as the demurrer, indicates defendant's attorney sent a letter on June 2, 2020 – over a year before filing the demurrer – explaining why it was an error to include the trust as a party to this lawsuit. (Culligan Decl., ¶ 2.) Thereafter, a second declaration was filed stat...
2021.10.15 Demurrer 242
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.15
Excerpt: ...s sufficient to support its claims. 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, by Zoom, unless it is confirmed tha...
2021.10.14 Petition for Further Instruction to Confirm and Authorize Trustee Actions Re Personal Property 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.14
Excerpt: ...not, then the court will make orders for that to occur and the new master list to be circulated. If so, the court will address the reconciliation of the various personal property lists as a master list. 3 Once the foregoing “master list” issue is resolved, the court intends to adopt the following ruling: The petition for instructions is GRANTED, in part, to provide an amended order for the finalization of the distribution of the personal prop...
2021.10.14 Motion for Summary Judgment, Adjudication 498
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.14
Excerpt: ...dingly, of limited scope, generally dealing only with the issue of right to possession and not other claims between the parties, even if related to the property.” (Larson v. City & Cnty. of San Francisco (2011) 192 Cal.App.4th 1263, 1297.) This is not an ordinary landlord‐tenant dispute. But it is a straightforward contract interpretation case involving a force majeure (FM) provision. For all the reasons discussed below, the court concludes W...
2021.10.13 Petition for Writ of Mandate 078
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.13
Excerpt: ...t the Subject Regulation “was promulgated arbitrarily and capriciously, without proper consideration of alternatives, without consultation with residents of the [Veterans] Home, and without following the statutory procedure.” (See FAVP at ¶ 2.) Respondents' request for judicial notice is GRANTED. B. FACTUAL AND PROCEDURAL BACKGROUND The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to...
2021.10.13 Motion to Declare Vexatious Litigants 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.13
Excerpt: ...able probability that they will prevail in their claims against Defendants. If Plaintiffs fail to do so, the stay of the action will remain in effect until, at least, November 8, 2021. Therefore, the hearings on Plaintiffs' Motion to Set Aside Order to Expunge Lis Pendens, and on Plaintiffs' Motion to Vacate Dismissal of Causes of Action with Prejudice are both CONTINUED to December 8, 2021, at 8:30 a.m. in Dept. A. 3 A. PROCEDURAL MATTERS Defend...
2021.10.12 Motion to Compel Further Responses 086
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.12
Excerpt: ...0, 2021, because the Court learned from defendants' counsel that their separate statement in opposition to the motion was not in the court's case management system, even though it had been served on plaintiff. Per the Court's (Hon. Wood) instruction, JNS filed the document to correct the issue and additionally filed a declaration, which apparently was also missing. The Court further ordered the parties to meet and confer to see if a compromise co...
2021.10.08 Demurrer 963
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.08
Excerpt: ...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, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Auberge Resorts, LLC (Auberge) demurs, ...
2021.10.08 Motion for Subsequent Deposition 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.08
Excerpt: ...ause exists 4 because of Ms. Moize's refusal to answer certain questions and to produce certain documents during her original deposition It is beyond question that persons have a significant interest in maintaining the confidentiality of private communications with their attorneys. Such information is only “within the attorney‐client privilege,” however, if it satisfies the statutory requirements set out in Evidence Code section 950, et seq...
2021.10.08 Motion to Compel Further Responses 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.08
Excerpt: ... to, and to produce all non‐privileged documents in Defendants' possession, custody or control that are described in Merryvale's Request for Production of Documents, Set Six. A civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears reasonably c...
2021.10.07 Motion to Void Default and Dismiss Case 174
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.07
Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. There is no proof of service of the motion or related pape...
2021.10.07 Demurrer, Motion to Strike 720
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.07
Excerpt: ...ion are SUSTAINED/GRANTED, respectively, with leave to amend retroactively granted, such that the second amended complaint shall stand as the current operative pleading. The Court notes plaintiff did not follow proper procedure, since only a first amended complaint may be filed without leave of court. (See Code Civ. Proc., § 472; see also Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 575 (“Under section 472, the right to amend a cross‐ com...
2021.10.01 Motion to Seal Materials, to Disqualify 324
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ...d 2.551, for an order sealing the redacted portions of the following documents: 1. Plaintiffs' Response to Defendant's Second Supplemental Opposition to Plaintiffs' Motion to Disqualify Robert Crockett and Crockett Associates as Counsel for Defendant (Subject Response); 2. Declaration of Brett Lay in Support of Plaintiffs' Motion to Disqualify (Subject Lay Declaration); 3. Exhibits and attached to the Declaration of Jonathan M. Jenkins in Opposit...
2021.10.01 Motion for Summary Judgment, Adjudication 770
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ... the Dickens declaration (¶ 5 at p. 2:1‐3 and Ex. D) and Dr. Whitfield's four evidentiary objections to the Shuman declaration and three evidentiary objections to the Pregerson declaration are OVERRULED as not code‐ compliant. (See Cal. Rules of Court, rule 3.1354(c) [“A party submitting written objections to 2 evidence must submit with the objections a proposed order.”].) Moreover, the Court has not considered the Dickens reply declarat...
2021.10.01 Demurrer 526
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.10.01
Excerpt: ...against defendants are uncertain, ambiguous and/or unintelligible.”4 (See Demurrer at 3:26‐28, 4:3‐6, and 4:12‐15.) 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, t...
2021.09.29 Petition to Compel Arbitration 955
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.29
Excerpt: ...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, by Zoom, unless it is confirmed that no party requests oral argument. A. Petitioner Carries Her Burden of Showing the Existence of a Written Agreement to Arbi...
2021.09.29 Demurrer 738
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.29
Excerpt: ...m 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, by Zoom, unless it is confirmed that no party requests oral argument. Terlato's request for judicial notice is GRANTED. The Court takes judicial notice o...
2021.09.22 Motion to Deem Matters Admitted 337
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.22
Excerpt: ...ey of record, monetary sanctions in the amount of $1,460 within 10 days of notice of entry of the present order. Plaintiff On Deck Capital, Inc. moves, pursuant to Code of Civil Procedure section 2033.280 for an order deeming admitted and conclusively established the truth of all matters specified in Plaintiff's Request for Admissions, Set One, on the grounds that the party to whom the requests were directed, failed to serve timely verified respo...
2021.09.22 Motion to Compel Further Responses 155
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.22
Excerpt: ...nts between P&J and Jarhett Blonien from October 12, 2017, through October 10, 2018. P&J objected on the grounds of attorney‐client privilege and attorney‐work product doctrine. It is unclear how many documents are at issue as well as how the privileges apply considering the various parties involved and the potential privileges between them. A privilege log providing a description of the documents at issue will better permit a judicial evalua...
2021.09.16 Motion to Compel Responses 466
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.16
Excerpt: ...uest for monetary sanctions for bringing its motion is DENIED. Lopez did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2030.290, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023.030, subdivision (a), states the Court may impose monetary sanc...
2021.09.13 Motion for New Trial 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.13
Excerpt: ...nds in its notice of intention to move for a new trial, plaintiff has not developed an argument on these grounds. Plaintiff's motion for a new trial on the ground of accident or surprise, which ordinary prudence could not have guarded against pursuant to Code of Civil Procedure section 657(3) is DENIED. Despite initially raising this ground in its notice of intention to move for a new trial, plaintiff has not developed an argument on this ground....
2021.09.10 Motion to Compel Further Responses 086
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.09.10
Excerpt: ...verified code‐compliant further responses, without objections other than those made based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. (Korea Data Systems Co. v. Super. Ct. (1997) 51 Cal.App.4th 1513, 1516.) JNS and Grant shall provide a privilege log for any documents withheld under the attorney‐client privilege or attorney work product doctrine. (...

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