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251 Results

Location: Napa x
2020.07.01 Motion to Seal Re Motion to Change Designation of Various Records 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.07.01
Excerpt: ...tion and Plaintiff's motion to seal re: reply in support of motion to change designation of various records, Plaintiff is encouraged to file a single set of supplementary documents addressing both motions. Plaintiff Merryvale Vineyards LLC moves for an order sealing certain portions of the moving papers filed in support of its Motion to Change Designation of Various Records, on the grounds that, “the documents attached to the Vorhis declaration...
2020.06.30 Motion for Summary Judgment, Adjudication 068
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.06.30
Excerpt: ... alternative, for summary adjudication of each of the five causes of action asserted through the Complaint on the ground that there is no genuine issue as to any material fact and each cause of action lacks merit. For the reasons set forth herein below, the motion is DENIED. A. Background This case arises out of a so‐called business‐divorce dispute between Defendant wine producer and Plaintiff wine wholesaler. The parties are in accord that, ...
2020.06.24 Motion to Seal Portions of Record 017
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.06.24
Excerpt: ...otion at 1:22‐24.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists ...
2020.06.18 Motion for Reconsideration 427
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.06.18
Excerpt: ...sponses. The initial responses were instead verified by her counsel. Plaintiff's counsel provides in his declaration in opposition to the current motion that defendants subsequently were served with plaintiff's verifications. (Spohn Decl., ¶ 4.) The court anticipated there might be issues with the initial responses when it noted in its February 27, 2020 Order that because it had “no information as to the adequacy of the responses, it believe[d...
2020.06.16 Motion to Set Aside Default 606
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.06.16
Excerpt: ...l notice of that certain Complaint, filed October 17, 2016, with the United States Bankruptcy Court, Central District of California, Santa Ana Division in Case No. 8:16‐bk‐14186, but not for the truth of matters asserted therein. Request No. 6: GRANTED. The Court takes judicial notice of the Request for Dismissal filed December 20, 2017, in the instant action. Request No. 7: GRANTED. The Court takes judicial notice of the Second Amended Compl...
2020.06.11 Motion to Seal Portions of Record 017
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.06.11
Excerpt: ...substantial risk of serious financial or other injury if disclosed, and must be sealed in the court's record pursuant to California Rules of Court, Rules 2.550 and 2.551.” (Motion at 2:4‐10.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists...
2020.06.05 OSC Re Preliminary Injunction 377
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.06.05
Excerpt: ...s managers, members, employees, agents, contractors and invitees from accessing Frostfire's property via the existing driveway at 1575 Los Carneros Avenue; and, (b) erecting any barriers or obstacle of any kind upon said driveway. Frostfire moves on grounds that failure to enjoin the subject activities will result in irreparable injury to Plaintiff, and further that no harm to Defendant would result from granting the motion. A. Procedural History...
2020.03.17 Motion to Quash 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.17
Excerpt: ...cedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collective...
2020.03.17 Demurrer to Petition for Writ of Mandate 725
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.17
Excerpt: ...ision (d). (Notice of Demurrer and Demurrer at 2:2‐4.) Respondents next assert that decisions made by Harris and Sandoval are not final administrative orders or decisions for purposes of a writ of mandate pursuant to Code of Civil Procedure section 1094.5. (Id. at 2:5‐8.) Finally, Respondents assert that decisions made by Harris and Sandoval are subject to other plain, speedy and adequate remedies in the ordinary course of law, precluding the...
2020.03.13 Motion to Correct Minutes 767
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.13
Excerpt: ...l date sufficiently in the future to take deposition discovery and bring a motion for summary judgment. The motion is, in essence, a motion for reconsideration of the Court's September 26, 2019 decision on the motion to dismiss. The Nunns are seeking to promote waiver and/or estoppel to support further arguments regarding the deadline to bring the case to trial after the remittitur. These arguments are based on facts available to the Nunns and sh...
2020.03.13 Motion to Compel Deposition, for Production of Docs 964
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.03.13
Excerpt: ...hree calendar days after the submission of Hellman's counsel's trial to the jury or a date thereafter agreeable to the parties. Hellman shall appear, provide testimony, and produce documents at that time. If after taking the deposition more time is needed for discovery related to information learned at the deposition, the parties can discuss whether entering into a stipulation to extend the discovery cut‐off date would be appropriate. The Court...
2020.03.11 Motion for Leave to Supplement and Amend Opposition Papers 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.11
Excerpt: ...s about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.” (See's Candy Shops, Inc. v. Super. Ct. (2012) 210 Cal.App.4th 889, 900.) The Court is sympathetic to Defendant's complaints regarding the burden stemming from Plaintiffs' counsel's election to submit, as evidence in opposition to the underlying motion for summary judgment, interrogatory responses, rather than preparing and filing – or at...
2020.03.10 Motion to Compel Responses 653
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.10
Excerpt: ...d code‐compliant initial responses, without objections, within 10 calendar days of service of notice of entry of order. Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“T...
2020.03.03 Motion to Deem Admitted Requests for Admissions, to Compel Responses 526
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.03.03
Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...
2020.02.28 Demurrer 536
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.28
Excerpt: ...ative 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant First American Title Insurance Compan...
2020.02.25 Motion to Reconsider Order and Judgment, Demurrer 606
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.25
Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...
2020.02.21 OSC Re Preliminary Injunction 056
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.21
Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...
2020.02.21 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.21
Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...
2020.02.20 Motion to Compel Discovery Responses, to Establish Admissions, for Protective Order 427
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.20
Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...
2020.02.20 Motion to Compel Arbitration 568
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.20
Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...
2020.02.19 Demurrer 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.19
Excerpt: ... causes of action is also sustained as to Plaintiff Khan. Defendants' Request for Judicial Notice is GRANTED IN PART. A. Introduction Defendants Fay Servicing, LLC (Fay), and Wilmington Trust, National Association (Wilmington), (collectively Fay Defendants) demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e), 430.30, subdivision (a), and 430.50, subdivision (a), to the TAC1 . This action involves claims for violations of t...
2020.02.13 Motion to File Records Under Seal 477
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.13
Excerpt: ...er. Ct. (2003) 110 Cal.App.4th 1273, 1283‐84.) However, “there must be substantial prejudice to an overriding interest if the document[ ] is made available to the public.” (Ibid.) As deftly stated in Huffy, supra, 112 Cal.App.4th at p. 107: “Much of the settlement agreement is routine verbiage which appears in most settlement agreements. Further, the settlement agreement has a specific provision that if disclosure is required by a court o...
2020.02.13 Motion to Change Venue 435
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.13
Excerpt: ... second complaint. Plaintiff added the moving defendants as individual defendants in this action. Venue is based on the allegation that the agreements were made in Napa County and plaintiff's principal place of business is in Napa County. (Second Amended Compl., ¶ 10.) There are no allegations regarding venue as to the individual defendants. The addition of the individual defendants impacts venue as it limits the wide choice of venue permitted i...
2020.02.11 Motion to Tax Costs 789
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.02.11
Excerpt: ...orter fees is unnecessary. According to Throop, court reporter fees are permitted as established by statute. (See Code Civ. Proc., § 1033.5, subd. (a)(11).) The rate of $55 per day under Government Code section 69948 should apply. The Court need not reach this argument because Caymus presents evidence the parties agreed to “split 50‐50” the costs for a court reporter and thereby agreed that the rate charged was acceptable. (Miller Decl., ...
2020.02.11 Motion for Summary Judgment 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.02.11
Excerpt: ...otion for summary judgment is GRANTED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. B. Plaintiff's Objections to Evidence Objection No. 1 ...

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