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376 Results

Location: Napa x
2021.02.26 Motion to Vacate Arbitration Award 228
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.26
Excerpt: ......
2021.02.23 Motion for Class Certification , Preliminary Approval of Proposed Class Settlement 999
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.02.23
Excerpt: ...n is required to be furnished and an estimate of the anticipated claims rate; (3) why the time limit to object or opt‐out is reasonable; (4) why the submission of a claim form is necessary; (5) the cy pres recipient needs to be named rather than left generally to plaintiff's counsel's choice; (6) why does distribution to the cy pres recipient fill the purposes of the lawsuit or otherwise is appropriate; (7) declaration disclosing interests or i...
2021.02.18 Demurrer 878
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.18
Excerpt: ...ear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Divot Enterprises, LLC d/b/a/ Oakville East demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (e) to the Complaint on the grounds that “plaintiff fails to state facts sufficient to constitute a cause of action for breach of contract against defendant.” (Demurrer at 2:6‐7.) The Court finds that the Notice of Demurrer suff...
2021.02.17 Motion to Vacate Judgment 579
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
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. Because of this deficiency and 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. The Proof of Serv...
2021.02.17 Motion to Sever Complaint, Stay Proceedings 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
Excerpt: ...Amended Cross‐Complaint by Cross‐Complainants Francis Wang, and Laura Wang (Wangs). The Court further orders a separate trial for the sixth, seventh, eighth, ninth, and tenth causes of action asserted through the First Amended Cross‐Complaint by Wangs against defendants Albert Czap (Czap), Martha Kongsgaard, and Mary Kongsgaard. Cross‐Defendant Albert Czap (Czap) moves, pursuant to Code of Civil Procedure sections 598 and 1048 for an orde...
2021.02.17 Motion for Determination and Award of Attorney's Fees 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.17
Excerpt: ...ication of the lodestar. 1 Wyman also moves for an award of attorney's fees under Code of Civil Procedure section 1033.5. This statute deals with the awarding of costs, which can include attorney's fees authorized under a contract. Wyman did not move for an award of costs, but Civil Code section 1717 still provides the basis for the motion. 3 A. Prevailing Party Wyman is the prevailing party in this action. Civil Code section 1717 governs a fee r...
2021.02.11 Motion to Set Aside Default, OSC Re Preliminary Injunction 062
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.11
Excerpt: ...he Rupprecht declaration, within 5 calendar days. Defendants' motion to set aside the preliminary injunction pursuant to section 473(b) is DENIED. Even though defendants may have demonstrated inadvertence and excusable neglect, they have not brought forth any facts demonstrating a likelihood of success on the merits or the relative harm to them to demonstrate that the preliminary injunction is improper or the facts underlying it have changed. Und...
2021.02.10 Motion to Continue Trial 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.10
Excerpt: ...4, 2021, respectively. All deadlines calculated from the trial date are reset to the September 30, 2021 Trial Management Conference date. (See Local Rule 6.2.) [2] PLAINTIFF'S MOTION TO SEAL RE MOTION TO COMPEL DEFENDANTS' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET FIVE TENTATIVE RULING: The motion is DENIED, without prejudice to Defendants filing a proper motion to seal.1 As explained below in the tentative ruling on Plaintiff...
2021.02.09 Motion to Quash, for Protective Order 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.09
Excerpt: ...2020.010, et seq., for an order quashing, or alternatively for a protective order regarding two deposition subpoenas for production of business records served on GVM by Petitioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to prov...
2021.02.09 Motion to Expunge or Reduce Mechanic's Lien, for Mandatory Injunction 186
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.02.09
Excerpt: ...and for a mandatory injunction directing that the lien be immediately released, removed, and extinguished pursuant to Connolly Dev., Inc. v. Super. Ct. (1976) 17 Cal.3d 803 is GRANTED. A. Legal Framework Lambert established a procedural safeguard for owners subject to an unjustified mechanic's lien. (Cal Sierra Constr., Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 850.) The owner may file a motion where “the issue presented is limited to t...
2021.01.29 Motion for Summary Judgment 376
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.29
Excerpt: ...A. PROCEDURAL MATTERS 1. Plaintiff's Additional Separate Statement The Court notes that the document titled “Plaintiff Donald Veverka's Separate Statement of Additional Facts in Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication” filed January 14, 2021 (Additional Sep. St.), is not drawn or filed in conformity with the Code of Civil Procedure and Rules of Court. A party opposing a motion for sum...
2021.01.29 Motion for Summary Adjudication 345
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.29
Excerpt: ... permits for the property, owed Bellisimo a duty (1) to supervise all pest control operations in Bellisimo's vineyard, (2) to ensure those pest control operations in Bellisimo's vineyard were performed in a careful and effective manner, and (3) to prevent those pest control operations in Bellisimo's vineyard from being performed in a faulty, careless, or negligent manner. Bellisimo raises in its notice of motion, as the source of the statutory du...
2021.01.28 Motion for Summary Judgment, Adjudication 737
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.28
Excerpt: ... to file a response. The Court reviewed plaintiffs' supplemental memorandum of points and authorities, plaintiffs' supplemental White declaration, defendant's supplemental reply memorandum, and defendant's supplemental Hayashida declaration and now rules as follows: A. Evidentiary Objections 1. Zeigon Declaration Defendant's six evidentiary objections to Frank Zeigon's declaration are SUSTAINED. Zeigon's declaration is based on a “review of the...
2021.01.27 Motion to Strike 074
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.27
Excerpt: ...ng, by Zoom, unless it is confirmed that no party requests oral argument. Petitioner, People of the State of California, moves the Court, pursuant to Code of Civil Procedure section 436 subdivision (b), for an order striking the claim filed by Claimant Leilani Ellis on the grounds that Claimant lacks standing. (See Memorandum at 2:4‐5.) Upon noticed motion, the Court may “[s]trike out all or any part of any pleading not drawn or filed in conf...
2021.01.27 Demurrer 554
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.27
Excerpt: ...Code of Civil Procedure section 430.10 subdivisions (e) and (f), to the Complaint filed by Plaintiff Zachary Thayer in this action on the grounds that both causes of action asserted therein are: (a) uncertain, ambiguous, and unintelligible and; (b) fail to allege facts sufficient to state a cause of action. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as ...
2021.01.26 Petition for Relief from Claim Requirement 301
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.26
Excerpt: ...ent of presenting a tort claim.1 (See Notice of Hearing and Petition (Notice) at 1:22‐25.) The Petition is brought on the grounds that Petitioner failed to timely file his tort claim, but that such failure was excusable. (See Id. at 2:13‐22.) The Court denies the Petition because there is no indication in the record that the claim was filed late. Analysis of the petition requires a basic overview of the statutory process that a person wishing...
2021.01.26 Demurrer 828
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.26
Excerpt: ... Complainant was required to file any opposition to the present demurrer on or before January 12, 2021. (See Code Civ. Proc. §1005, subd. (b).) No such opposition appears. However, on January 15, 2021, Cross‐Complainant filed a Verified Amended Cross‐Complaint (VACC). “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike...
2021.01.22 Motion to Compel Further Responses 883
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.22
Excerpt: ...tions that a proper meet and confer never took place, and that ordering additional conferring could help resolve these motions, limit the discovery requests and/or the number of objections at issues, or facilitate settlement. The parties' attorneys, Daniel Geoulla and Bridget McKinstry, are ordered to meet and confer via video conference at a mutually agreeable time on or before January 29, 2021. They shall thoroughly discuss each of the discover...
2021.01.20 Motion to Seal, to Compel Further Responses 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.20
Excerpt: ...t of this notification, the clerk shall unseal and file the records. If Plaintiff does not notify the Court within 10 days of the order, the clerk shall (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form. Plaintiff Merryvale Vineyards LLC moves for an order authorizing the sealing of portions of documents associated with Merrvale's Motion to Compel Defend...
2021.01.19 Motion to Enter Default Judgment 782
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.19
Excerpt: ...nstrues the Motion as One for an Order Declaring that the Subject Deed Restrictions are Unenforceable, and Not as a Motion to Enter Default Judgment Plaintiffs' Complaint prays the Court for a declaration that the real property commonly known as 3519 Broadway Street, in the city of American Canyon, county of Napa, California (Property) “is no longer bound by the [following] deed restrictions…and that said restrictions are hereby removed as a ...
2021.01.14 Motion to Compel Initial Responses 382
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.01.14
Excerpt: ...compel” initial responses to judgment debtor interrogatories (set one) and judgment debtor requests for production of documents (set one) is GRANTED. The motion stems from defendants/judgment debtors John Tudal and Cerruti Cellars, Inc.'s apparent refusal to comply with the Court's (Hon. Wood) September 30, 2020 discovery order compelling them to serve verified code‐compliant initial responses without objections. Defendants argue the debtor d...
2021.01.05 Motion to Enforce Settlement Agreement 524
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.05
Excerpt: ...d Plaintiff Nicole Riedel moves, pursuant to Code of Civil Procedure sections 664.6 (Section 664.6), and 128, subd. (a)(4) (Section 128(a)(4)) for four specific forms of relief: 1. Entry of an interlocutory judgment on the terms of the parties' purported settlement agreement; 2. Appointment of a “third‐party permitting expert” to take control over the regulatory entitlements process for a construction project to be undertaken by Defendants ...
2021.01.05 Demurrer 707
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2021.01.05
Excerpt: ... of the Venter Family Revocable Trust demur, both generally and specially, and pursuant to Code of Civil Procedure section 430.10, subds. (d), (e), and (f), to Plaintiff's First Amended Complaint (FAC), and to each cause of action asserted therein, on grounds of uncertainty, failure to allege facts sufficient to state a cause of action, and misjoinder of parties. The notice of motion does not provide notice of the Court's tentative ruling system ...
2020.12.17 Motion for Writ of Mandate and Declaratory Relief 483
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.12.17
Excerpt: ...r an order directing Respondent to show cause why the Court should not issue such writ. Petitioner further seeks a declaration, pursuant to Government code section 6259 “signifying that Respondent has violated Petitioner's rights under” Government Code section 6250 et seq. (Notice of Motion at 1:26‐2:4.) This action arises from Petitioner's request for information, submitted to Respondent pursuant to the California Public Records Act (CPRA)...
2020.12.16 Motion to Compel Responses 789
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.12.16
Excerpt: ...itial responses, without objections, within 15 calendar days from the date of service of notice of entry of order. Defendants' request for monetary sanctions for bringing the motion is DENIED. Howell did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a ...

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