Excerpt: ...randum of Costs on grounds that the requested fees are: 1) excessive, unreasonable, and unnecessary; and 2) not incurred exclusively in the enforcement of the subject judgment. Amulet's request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the Judgment entered November 30, 2022, in the action. The request is DENIED as to the remaining subjects. Beckstoffer concedes that Amulet is entitled to reasonable and necessary c...

Excerpt: ...ity is DENIED. Should any party wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9. A. PROCEDURAL MATTERS 1. Nature of Motion Defendant Kendra Baumgartner moves, pursuant to Code of Civil Procedure sections 391.3, for an order requiring Plaintiff Wendell Coleman to furnish security in the amount of $82,966.50 to ensure payment of Defendant's reasonable litigation expenses.1 Defendant so - ...

Excerpt: ...t 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. The matter originally came on for hearing on April 5, 2024 by way of Defendants' ex parte application. The Court granted the ex parte application for an order shortening...

Excerpt: ...pposing 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. The matter originally came on for hearing on April 18, 2024 by way of Plaintiffs' ex parte appli...

Excerpt: ...her capacity as Napa County Superintendent of Schools, as well as their agents, employees, officers, representatives, partners, and any and all persons or entities acting in concert including Real Parties in Interest, the Napa County Office of Education and Napa Foundation for Options in Education (NFOE and collectively Respondents) “from any actions implementing and/or effectuating the County Board's March 5, 2024 conditional approval, or any ...

Excerpt: ...der 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. Defendants and Cross -Complainants Arnold Wenyon and Desiree A. Wenyon, as Incumbent Trustees of the Wenyon Living Trust Under Declaration Dated July 26, 2004 (“Cross - Co...

Excerpt: ...e Second Cause of Action for Intentional Misrepresentation, Third Cause of Action for Negligent Misrepresentation, and Fourth Cause of Action for Violation of Business & Profession Code section 17200 fail to state facts sufficient to constitute causes of action against Defendant. 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 fac...

Excerpt: ..., subdivision (b), for an order bifurcating the trial and 3 sequencing discovery to ensure that the parties' and Court's resources are utilized in the most efficient manner. Alternatively, if the Court chooses not to grant bifurcation, Defendant requests an order, pursuant to Code of Civil Procedure section 2019.020 and the Court's inherent power, sequencing discovery first as to whether Plaintiff is an appropriate PAGA representative, and then,...

Excerpt: ...00, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. Plaintiff Glow Beverages, Inc. moves, pursuant to Code of Civil Procedure § 2023.030, subds. (d)(1) and (4) for an order:...

Excerpt: ... Complaint judicially admits that Plaintiff is not a licensed contractor as required under licensing requirements of section 7031 of the Business and Professions Code (“Section 7031”);1 and (2) the sixth cause of action fails to allege that Plaintiff was detained or arrested let alone the subject of the misuse of the judicial power or process of the Court, as it also fails to allege that any act was done in the name of the court or under its ...

Excerpt: ...”) moves, pursuant to Code of Civil Procedure section 473, for an order to correct a clerical error on the Dismissal Order Nunc Pro Tunc to reflect that only Defendant County of Napa was dismissed. The moving party did not provide code -compliant notice of the hearing, as the proof of service indicates that the notice and moving papers were served, by mail and electronic means, 5 16 court days before the hearing, and not 16 court days plus fi...

Excerpt: ...e 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. A. PRELIMINARY MATTERS Defendant Peggy Thomas moves, pursuant to Code of Ci...

Excerpt: ...pposing 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. Plaintiff Clover Flat Land Fill Inc. dba Clover Flat Land Fill, Inc. (“Plaintiff”) moves, pu...

Excerpt: ...17) 16 Cal.App.5th 1190, 1204- 05.) “A copy of [a petition to compel arbitration] and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc., § 1290.4, subd. (a).) “If the arbitration agreement does not provide the manner in which such service shall b...

Excerpt: ...2030.300, for an order compelling Defendant Beth Anne Moore to provide further responses to Form Interrogatories, Set One, Nos. 15.1, 16.1, and 17.1 and for an order awarding the sum of $660 in attorneys' fees pursuant to Code of Civil Procedure sections 2023.010, 2023.020 and 2030.300. For interrogatories, the propounding party has the burden of filing a motion to compel if it finds the answers it receives unsatisfactory, but “the burden of ...

Excerpt: ...fees in Plaintiff's favor and against Defendants Terence Redmond and Melissa Redmond, individually and as trustees of the Redmond Family Revocable Trust Dated September 11, 2013 (“Defendants”) in the amount of $430,480. The Motion is brought on the grounds that Plaintiff is the prevailing party on an action to enforce the governing documents of the Oak Creek East Homeowners Association (Civ. Code § 5975(c)), and that Plaintiff is entitled to...

Excerpt: ...d against One87 in the additional amount of $50,000, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. However, prior to entering an order on the motion, the Court would like t...

Excerpt: .... 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 Petitioner is present at the hearing. Petitioner seeks an order correcting the award in favor of Respondent Nancy Christiansen issued by the California Contractors State Licensing Board in Case No. AN2023- 149, on grounds that the award is “imper...

Excerpt: ...-11.) Specifically, through their Motion, Plaintiffs contend that they are a successful party under section 1021.5 because their filing of this lawsuit was the catalyst for Defendants taking all action demanded by Plaintiffs. A. Legal Standard Under Section 1021.5, “a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting th...

Excerpt: ...Defendant Moreno Inc. (“Defendant”) moves, pursuant to Code of Civil Procedure section 473, subd. (b),2 for an order setting aside the entry of default against it on Plaintiffs Keith Dahl and Claire Dahl's first amended complaint (“FAC”) on the grounds that setting aside the default is appropriate due to inadvertence and excusable neglect. “The court may, upon any terms as may be just, relieve a party . . . from a judgment, dismissal, ...

Excerpt: ...gument 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 Silver Rose Property Owner LP and Silver Rose Residential Owner LP (Plaintiffs) move, pursuant to Code of Civil Procedure sections 1280 et seq., for an o...

Excerpt: ...n his capacity as Trustee of the John Scruggs revocable Trust and the Scruggs Family Irrevocable Trust. Armstead demurs thereto, pursuant to Code of Civil Procedure sections 430.10, 430.30, and 430.50, on grounds that TAC fails to allege facts sufficient to state a cause of action against Armstead, and further because the Subject Claim is fatally uncertain as the allegations are vague, ambiguous, and/or unintelligible. The gravamen of Plaintiff's...

Excerpt: ...nded complaint consistent with this order. Defendants are directed to provide notice. A. Procedural Matters Defendants Napa Valley Restaurant Group dba Don Bistro Giovani (“NVRG”) and Giovani Scala (“Scala”) (collectively, “Defendants”) demur, pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.30, subdivision (a), to every cause of action contained in the First Amended Complaint (“FAC”) filed b...

Excerpt: ...four), and violation o f the Consumers Legal Remedies Act (“CLRA”)(count f iv e ). Defendants argue that Plaintiffs' claims are subject to a mandatory forum selection clause and request that this action be stayed to allow Plaintiffs to file t h e ir la w s u it in In d ia n a . As part of th e motion, Defendants offer to stipulate that the Song -Beverly Act and the CLRA will apply to Plaintiffs' claims should they file an action in Indiana. T...

Excerpt: ...) moves, pursuant to Corporations Code section 17705.03, subdivision (b)(3) for an order, “(1) foreclosing on Amulet's lien on the transferable interest of Defendant and Judgment Debtor Andrew Tuck Beckstoffer (Beckstoffer) in Amulet, (2) ordering the Napa County Sheriff‘s sale of Beckstoffer's transferable interest in Amulet and distribution of the sales proceeds pursuant to Code of Civil Procedure §§ 701.510- 701.820, (3) directing th...

Excerpt: ...less the removal is approved by the Court and all proceeds are paid into Court to satisfy Defendants' obligations to Plaintiff; 2 (2) Ordering Defendants to duly preserve and maintain, consistent with accepted wine industry custom and practice, the grapes sold and delivered by Plaintiff to Defendants, or any products produced or derived therefrom; and (3) Restricting Defendants from instructing, assisting, aiding or abetting any other person or e...

Excerpt: ...er quashing the deposition subpoena for production of business records (Subpoena) served by Plaintiffs Gurdip Singh Malhi and Charanjit Kaur on Queen of the Valley Hospital (QVMC).1 Defendant so -moves on two grounds. First, Defendant contends that the Subpoena calls for the disclosure of his private medical, mental, and physical health information and therefore constitutes an invasion of Defendant's rights of privacy under the California Constit...

Excerpt: ... ($500/hr x 1.5 hrs =) $750 no later than 14 calendar days from notice of entry of the present ruling. Plaintiff Lisa Keith moves, pursuant to Code of Civil Procedure sections 2025.480, subdivision (a) and 2031.320, subdivision (a) for an order compelling third- party Singer Associates (Singer) to serve further responses to Plaintiff's Deposition Subpoena for Production of Business Records and for an award from Singer of monetary sanctions “equ...

Excerpt: ...is Civil Proceeding pending resolution of the parallel felony Criminal Complaint against the Plaintiff...styled People v. Charleen Patrice Wignall A.K.A. Charleen Patrice Ewing, Joan Helen Sturges....” (Id. at 2:24 -3:3.) The Court takes judicial notice of its file in that matter, bearing Case No. 19CR003416. (Evid. Code, § 452, subd. (d).) Plaintiff's request that the Court take judicial notice of various filings in this action is GRANTED. ...

Excerpt: ... wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9 and appear at the March 8, 2024 hearing. A. PROCEDURAL MATTERS 1. Disclosure Judge Smith discloses that prior to taking the bench she was a partner with Coombs & Dunlap, LLP. However, Caryn Hreha joined the firm after Judge Smith's departure. Judge Smith can be fair and impartial in the matter. 2. Nature of Motion Defendant Kendra Baumga...

Excerpt: ...to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) Despite its name, a motion for judgment on the pleadings is akin to a demurrer. “Because a motion for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply.” (Hightower v. Farmers Insurance Exchange (1995) 38 Cal.App.4...

Excerpt: ...e for adjudication. The Court sets the matter for a trial setting conference on April 25, 2024, at 8:30 a.m. in Dept. B. Defendant, Cross -Complainant, and Cross -Defendant Sutter Home Winery, Inc., dba Trinchero Family Estates (Sutter Home) moves, pursuant to Code of Civil Procedure sections 386, 386.5, and 386.6, “for an order: (1) discharging Sutter Home from liability to any party in the interpleader cross -action against Cross -Defendants ...

Excerpt: ... the first cause of action in Plaintiff's Complaint is dismissed as against the moving Defendant. Defendant Wheelan Inc. doing business as Don John Landscaping (“Wheelan”) moves for summary judgment in its favor on the Complaint filed by Plaintiff Daniel Stewart (“Plaintiff”), on the grounds that all three causes of action for motor vehicle, premises liability, and general negligence have no merit. Wheelan contends that “Plaintiff's o...

Excerpt: ...t the complaint states facts sufficient to constitute a cause of action, and, because matters in the request for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to c...

Excerpt: ...e of Motion identifies four issues on which Defendants argue they are entitled to summary judgment/adjudication: (1) Plaintiff's claims related to the septic system are time -barred; (2) Plaintiff's claims related to the septic system otherwise fail; (3) Plaintiff's claims based on the intrusive neighbor are time -barred; and (4) Plaintiff's claims based on the intrusive neighbor otherwise fail. 5 All subsequent statutory references are to the C...

Excerpt: ...edure section 437c, for summary judgment in their favor on Plaintiff's First Amended Complaint (FAC).1 Alternatively, Defendants move, pursuant to Section 437c, subdivision (f) for summary adjudication in Defendants' favor on each of: (1) Plaintiff's first cause of action for breach of contract; (2) Plaintiff's second cause of action for breach of the covenant of good faith and fair dealing; (3) Plaintiff's third cause of action for intentional ...

Excerpt: ...38, 42, 43, and 44. The motion is DENIED in all other respects, including Plaintiff's request for an award of monetary sanctions. 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 argum...

Excerpt: ... wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9 and appear at the March 8, 2024 hearing. A. PROCEDURAL MATTERS 1. Disclosure Judge Smith discloses that prior to taking the bench she was a partner with Coombs & Dunlap, LLP. However, Caryn Hreha joined the firm after Judge Smith's departure. Judge Smith can be fair and impartial in the matter. 2. Nature of Motion Defendant Kendra Baumga...

Excerpt: ...t Clark Smith's (“Defendant”) expert witness designations on the ground that they are improper and untimely. 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 R...

Excerpt: ...ules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Defendant/Cross- Complainant Davis/Reed Construction Inc. (“Davis/Reed”) demurrers, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the second through sixth causes of action asserted in the Cross- Complaint filed by Defendant/Cross-Complainant SRGA Resort LP (“SRGA”). On February 23, 2024, SRGA dismissed its fifth and sixth causes of action against Dav...

Excerpt: ... improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. §436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) As such, in ruling on a...

Excerpt: ...iff also seeks monetary sanctions in the amount of $5,260 against Defendant and its counsel of record. 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 re...

Excerpt: ...ivil Procedure, section 638. Upon any agreement, the parties may submit a stipulation and proposed order. Absent agreement on such appointment, the parties shall appear at the continued hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). Defendants failed to include in the notice of this motion proper notice of the Court's tentative ruling system as...

Excerpt: ... and (2) the filing fee for the Contra Costa County Superior Court. The clerk is directed to transfer to the clerk of the receiving court a certified copy of this order, together with all papers in the proceeding on file. The Case Management Conference set for February 28, 2024 is VACATED. The matter is set for a Review Hearing on April 25, 2024, at 8:30 a.m. in Dept. A. The hearing is to confirm receipt of the notification from the Contra C...

Excerpt: ...ssession, custody, or control that are responsive to category numbers 3 and 6 of the subject requests for production, pursuant to the expanded interpretation of those categories provided below. 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...

Excerpt: ...)(1), for an order granting leave to file a First Amended Complaint (“FAC”). Although not specified by Plaintiff, it appears that the proposed FAC is the document entitled “Complaint,” which lists four causes of action and is attached to the “Notice of Motion and Motion.” 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...

Excerpt: ... Documents, Set One (“Requests for Production”) within ten (10) days of the date of the hearing. 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise specified. 5 Defendant further moves, pursuant to Sections 2023.030 and 2031.320, for an award of monetary sanctions against Plaintiff and/or her counsel of record in the amount of $8,000. The moving party failed to include in the notice of this motion prope...

Excerpt: ...d 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 of hearing, made by any party ...

Excerpt: ...laint arise out of a transaction – relating to certain real property – meant to carry out, in part, the terms of the parties' divorce decree and settlement. Through the Complaint, Plaintiff asserts causes of action quieting Defendant's title in and to the subject real property, and for declaratory and injunctive relief. It appears undisputed that Plaintiff is the owner of fee title in and to the subject property and that she executed a note i...

Excerpt: ...tatement of decision and entry of judgment on the Complaint. 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. 3 However, the Court may g...

Excerpt: ...r a stay of the action pending resolution of the arbitration. Compass so -moved on grounds that, “Plaintiff, Steven Mavromihalis, and Cross - Complainant, Damian Archbold, entered into written Independent Contractor Agreements (“ICA”) with Compass to arbitrate all disputes or claims between the parties, arising from or connected in any way with the ICA.” (Notice of Motion at 2:7- 11.) On November 3, 2023, defendant and cross -complainant ...

Excerpt: ...at the first cause of action in Plaintiff's Complaint is dismissed as against the moving Defendant. Defendant Wheelan Inc. doing business as Don John Landscaping (“Wheelan”) moves for summary judgment in its favor on the Complaint filed by Plaintiff Daniel Stewart (“Plaintiff”), including its three causes of action for motor vehicle, premises liability, and general negligence, on the grounds that all causes of action have no merit. Whee...

Excerpt: ...ents for requesting oral argument under Local Rule 2.9 remain in e
¯ect. 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. 2 A. PRELIMINARY MATTERS Defendant Kinsale Insurance Company (Kinsale) moves, pursuant to Code of Civil Procedure section 437c, for summ...

Excerpt: ... is not a licensed contractor as required under licensing requirements o section 7031 o the Business and Proessions Code (“Section 7031”). The demurrer to the sixth cause is also brought on the ground that it ails to allege that Plainti
¯ was detained or arrested let alone the subject o the misuse o the judicial power or process o the Court, as it also ails to allege that any act was done in the name o the court or under its authori...

Excerpt: ...es rom Plainti
¯ to Deendant's Form Interrogatories, Set One, Nos. 7.1, 7.2, and 8.7, and Special Interrogatories, Set One, No. 9 (collectively, Subject Discovery) on grounds that Plainti
¯'s responses thereto are each inadequate, evasive, or incomplete.1 A. LEGAL BACKGROUND “[I] a propounding party is not satisÞed with the response served by a responding party, the propounding party may move the court to compel urther responses. (§§ 2...

Excerpt: ...ve ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The abstract reference included in the Notice of Motion fails to include certain information contained in the mandatory statement (e.g. that tentative rulings are available after 3:00 p.m. the day before the hearing), and includes other information that is false and misleading (e.g. that “appearance by remote ...

Excerpt: ...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 e
¯ect. 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. It appears that Pla...

Excerpt: ...Third A
¯irmative Deenses. Furthermore, the Motion is GRANTED as to the third portion at issue, as an improper “new” a
¯irmative deense asserted without leave o Court. Plainti
¯ Patricia Simpson moves, pursuant to Code o Civil Procedure sections 435 and 436 and Rules o Court, rule 3.1323, to strike the ollowing portions o the veriÞed answer Þled 23 on January 17, 2024 by Deendant Woolls Ranch, LLC and Progeny Winery, LLC (“Veri...

Excerpt: ...atories, Set Two (collectively the Subject Discovery) propounded by Deendant FPI Management Inc. (FPI). Plainti
¯ is urther directed to pay to FPI, care o its counsel o record in the action, no later than 10 calendar days ater notice o entry o the present ruling, monetary sanctions in the amount o $752.00. FPI moves, pursuant to Code o Civil Procedure section 2030.290, subdivision (b), or an order compelling Plainti
¯ Elisabeth Wetzel...

Excerpt: ...�� on January 31, 2024, two days before the hearing. The Court Þnds that the Seuthe Declaration neither addresses nor controverts any of the evidence presented in the Declaration of Jose L. Parra. The Court further notes that Plainti
¯s have repeatedly Þled late opposing papers, which, as the Court has previously cautioned Plainti
¯s' counsel, is not helpful to the Court's analysis of the issues. Thus, the Court advises Plainti
¯s' counsel t...

Excerpt: ...miss its REPA claims). Defendants Kastner Automotive, Inc. and Atlas Peak Equities LLC (collectively, “Defendants”) move, pursuant to Code of Civil Procedure section 438, subds. (c)(2)(A) and (h)(3), for an order granting judgment on the pleadings as to the Complaint Þled by Plainti
¯ M5 Automotive LLC (“Plainti
¯”). The motion is brought on the following four grounds: “(A.) The (real estate) Purchase Agreement incorporated into the ...

Excerpt: ...d pursuant to Section 2023.030, subdivision (b), for an award of "issue sanctions designating that the records are to be interpreted in favor of FPI and/or that Plaintiff Todd Wetzel not be permitted to introduce evidence regarding emotional distress or mental injuries at all." (Notice of Motion at 1:26-2:4.) FPI so moves on grounds that "Todd Wetzel identified LifeStance as a medical provider through which he received care and/or treatment from ...

Excerpt: ...e extent it seeks to compel the production of documents requested with the deposition notice, is DENIED WITHOUT PREJUDICE. Defendant is ordered to produce Scott Silveira, Ulises Figueroa, and Mike Brooks for depositions within 30 calendar days of notice of entry of order. The parties are directed to meet and confer on a mutually agreeable date and time for these depositions. Plaintiffs' request for sanctions is DENIED. A. Preliminary Matters Plai...

Excerpt: ...ay bench trial. Defendants' Objections to the Declaration of John Tudal are ruled on as follows: No 7 is overruled. The evidence asserted in Nos. 1-6 and 8— 13 was not relied upon by the Court and therefore the Court does not rule on these objections. Defendants' Objections to the Declaration of Robert Knox are ruled on as follows: Nos. 14 and 15 are overruled. The evidence asserted in Nos. 15-27 was not relied upon by the Court and therefore t...

Excerpt: ...t on the Second Amended Complaint filed by plaintiff Robert Espinosa in the consolidated action bearing Case No. 21CV000226 on grounds that each Plaintiff has failed to allege sufficient facts in their respective complaints to state a cause of action against Cal-Fire under Vehicle Code section 17001 for the negligent driving of its employee. (See Support Memo at 3:6-12.) Cal-Fire's Request for Judicial Notice is DENIED as to the Court's tentative...

Excerpt: ...rance. However, she has never made an uninsured motorist claim against State Farm nor has she engaged in any litigation with State Farm. She can be fair and impartial in this matter. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposin...

Excerpt: ... Code of Civil Procedure, section 430.010, to the First Cause of Action for Violation of Civil Code Section 51.9 (Section 51.9 Claim) and Seventh Cause of Action for Negligent Misrepresentation (Negligent Misrepresentation Claim) asserted against DNVR by Plaintiff through her First Amended Complaint (FAC) in the action.l DNVR so-demurs on grounds that Plaintiff fails to allege facts to state either of the subject claims "as [DNVRI is not vicariou...

Excerpt: ... Second Amended Complaint ("Complaint") be tried in a bench trial first, and after the bench trial the Court can address whatever issues, if any, remain to be tried in the Second Amended Cross-complaint ("Cross- Complaint") filed by Hoopes Family Winery Partners, LP, and Hoopes Vineyard, LLC (collectively, "Hoopes"). The Motion is made on the grounds that bifurcation will promote judicial efficiency and will be conducive to expedition and economy...

Excerpt: ...s to the subject discovery that "substantially comply" with the Civil Discovery Act, and that his failure to timely serve such responses was the result of inadvertence and excusable neglect. 1 Where a party, by failing to timely respond, has waived objections to inspection demands, "[tlhe court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequent...

Excerpt: ...hments to other filings to be deemed operative pleadings. For this reason, Plaintiff is required to file the proposed amendment.) A. PRELIMINARY MATTERS Plaintiff Charleen Wignall-Ewing moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to file a Third Amended Complaint on grounds that the amendment is related to the subject matter of the existing controversy and will not result in prejudice to the Defendants. The motion o...

Excerpt: ...intiff") fourth cause of action for easement termination. Separately, the Puentes Defendants and Charreria Arete y Cultura Napa Valley Foundation CACNV SPC (collectively, "Defendants") move, pursuant to Code of Civil Procedure section 438, subdivision (c)(1)(8)(ii), for judgment on the pleadings as to Plaintiff's twelfth cause of action for declaratory relief. A defendant may move for judgment on the pleadings and the court may grant such a motio...

Excerpt: ...ate to allow for sufficient tme for the statement of decision and entry of judgment on the Complaint. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 ...

Excerpt: ...Doe 11. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 of hear...

Excerpt: ...C at '1 31); 2. "The Winery's willful violation of law and disregard for cross-complainants' rights constitute oppression, fraud, and malice, entitling cross-complainants to an award of exemplary damages" (ld. at 39, 47, and 52); 3. Paragraph 62 in its entirety; and 4. The phrase "and exemplary damages" from paragraph 3 of the prayer for relief at page 15, lines 9-11. Cross-complainants are granted ten calendar days' leave to file another cross-c...

Excerpt: ...ter Randall Callahan (collectively, "Plaintiffs"). The motion is "made on the grounds that the Court lacks jurisdiction to adjudicate Plaintiffs' sole cause of action for alleged constitutional and statutory violations, seeking declaratory and injunctive relief, because that claim is moot." (Notice at 2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Mo...

Excerpt: ...the Declaration of James C. Bastian in Opposition to Defendant Bank of America, NA's Motion for Plaintiffs to Post Bond as Vexatious Litigants filed February 15, 2022 (Bastian Decl.). Plaintiffs may refile the declaration, in whole or in part, in support of any opposition. The Clerk is directed to provide notice of the continued hearing date to the parties. Defendant Bank of America, N.A. (BANA) failed to include in the notice of this moton prope...

Excerpt: ...cture allegedly encroaching on Plaintiffs' property and Mr. Wagner is the owner and manager of Defendant The Original Thomas ("TOT"), the current owner of the allegedly encroaching structure. The Court notes that these are defendant parties to this action. As an initial matter, by Minute Order dated November 1, 2023, in which the Court granted Defendants TOT's, Michael L. Holcomb's, and Maria C. Holcomb's (collectively, "Defendants") motions to a...

Excerpt: ...nd the People of the State of California and for Cross-Defendants David Morrison and Akenya Robinson-Webb (collectively, "County") — and excluding evidence improperly obtained in this matter. The motion to disqualify and exclude evidence is based on the premise that RPLG violated Rule 4.2. Therefore, the Court begins there. 8. Violation of Rule 4.2 1. Text of Rule 4.2 Rule 4.2 provides, in relevant part: (a) In representing a client, a lawyer s...

Excerpt: ...record, sanctions in the amount of $2,557.50 no later than 10 calendar days after service of notce of entry of order. The request for an order finding Plaintiff in contempt is DENIED. Defendants Sharon Coleman and Daniel Davis, individually and as trustees of the Cary M. Tozer and Doris V. Tozer Family Trust; Michael Taylor Ford and Edward Roy Moody, as trustees of the 2020 Michael Taylor Ford and Edward Roy Moody Rewcable Trust; Robert l. Clark;...

Excerpt: ...other action pending between the same parties on the same cause of action and (2) fails to state facts sufficient to constitute a cause of action. "The party against whom a complaint ... has been filed may object, by demurrer ... to the pleading on any one or more of the following grounds [including] [t]here is another action pending between the same parties on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) This special demurr...

Excerpt: ...Misrepresentation, Third Cause of Action for Negligent Misrepresentation, Fourth Cause of Action for Violation of Business & Professions Code section 7151 (California Home Improvement Statutes ("HIS")), and Fifth Cause of Action for Violation of Business & Profession Code section 17200 fail to state facts sufficient to constitute causes of action against Defendant. A complaint must contain "facts constituting the cause of action." (Code Civ. Proc...

Excerpt: ...roduction Plaintiff Jane Doe ("Plaintiff") moves, pursuant to Code of Civil Procedure sections 1987.1, 1985.3, 2017.020, and 2017.220, for an order quashing or modifying a deposition subpoena for production of business records issued by Defendant Napa Valley Unified School District ("Defendant") on November 7, 2023 to Kaiser Permanente ("Subpoena"). In the alternative, Plaintiff moves, pursuant to Code of Civil Procedure secton 2025.420, for a pr...

Excerpt: ...ef. Finally, the motion is DENIED as to Plaintiff's prayer for prejudgment interest. l. PRELIMINARY MATTERS Defendant, Cross-complainant, and Cross-Defendant Sutter Home Winery, Inc. (Sutter Home or Defendant) moves, pursuant to Code of Civil Procedure, section 437c, for summary judgement against Plaintiff and Cross-Defendant Says Siri. "The motion will be made on the grounds that the undisputed material facts establish that Siri's sole remaining...

Excerpt: ...nting leave to intervene in the instant case. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 fo...

Excerpt: ...of Costs filed by Defendant and Cross-complainant Jeffrey Hammond (Hammond), or in the alternative, for an order tax-ng the requested costs set forth therein.l "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (S 1032, subd. (b).) A "prevailing party" is defined to include "the party with a net monetary recovery, a defendant in whose favor a dismi...

Excerpt: ... allow for adequate notce of the rescheduled deposition date to Mr. Fultz. The request for sanctions is GRANTED IN PART. Mr. Fultz is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctons in the amount of $3,902. Plaintiffs shall provide notce of entry of order. Plaintiffs Robert and Carole Roszkowski (collectively, "Plaintiffs") move, pursuant to Code of Civil Procedure...

Excerpt: ...form of (1) terminating sanctions dismissing Plaintiff Napa County's nuisance per se claim related to unpermitted structures on Defendants' property and (2) an award of attorneys' fees and costs in the sum of $4,095 against both Plaintiffs Napa County and the People of the State of California (collectively, "Plaintiffs") and their counsel. "This motion is made on the grounds that Plaintiff and its counsel filed nuisance allegations for an imprope...

Excerpt: ... pay to Plaintiff, care of its counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the additional amount of $1,100. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notic...

Excerpt: ... criminal liability and what other events would eliminate such liability in advance of the expiration of any such statute. Defendant State of California by and through Department of Forestry and Fire Protection (Cal-Fire) moves for an order vacating the trial date and setting a status conference to reset trial on the grounds that the criminal prosecution of Cal-Fire driver Chief William White, which is based on the same events at issue here, rema...

Excerpt: ...rial facts confirm that Plaintiff cannot maintain her causes of achon against Simon as follows: (A) Simon did not have a duty to protect Plaintiff from the unforeseeable criminal acts of Maximo Perez. Accordingly, Plaintiff's first cause of action for Negligence and second cause of action for Premises Liability fail as a matter of aw. (8) Simon's alleged conduct was not a substantial factor in bringing about Plaintiff's injuries. Accordingly, Pla...

Excerpt: ...rder compelling Defendant Estate of Pamela Anne Ramos ("Defendant") to provide answer to written discovery and for an order granting the moving party the reasonable attorney's fees and costs associated with filing the motion in the amount of $3,550 as sanctions against Defendant and Defendant's counsel. (Notice at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required ...

Excerpt: ...the time of his complaints to PG&E, were being violated. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Pacific Gas & Electric Company (PG&E) demurs, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), to the First Amended Complaint (FAC) filed by Daniel Novella. The FAC alleges three causes of action against PG&E. PG&E demurs to each on grounds that each is uncertain and that the FAC ...

Excerpt: ...ELIMINARY MATTERS Defendants Covidien Holding Inc. and Medtronic USA Inc., and Specially Appearing Entities Covidien LP, Covidien, Inc., Covidien, LLC, Medtronic PLC, United States Surgical Corp., a division of Tyco Healthcare Group LP, and Sofradim Production SAS (collectively, "Covidien Defendants") demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e) and 430.30, to Plaintiff Jon Carsten's Complaint for Damages (Complaint...

Excerpt: ...dar days after notice of the present ruling. The request for monetary sanctions is GRANTED IN PART. Plaintiffs are directed to remit to Towpath, care of their attorney of record in the action and no later than 14 calendar days after notice of the present ruling, monetary sanctions in the amount of $1,000. Towpath moves, pursuant to Code of Civil Procedure section 2030.300, et seq. and 2031.310 et seq. for an order compelling Plaintiffs Elisabeth ...

Excerpt: ...or October 31, 2023, which Defendants refused to allow and "Defendant's actions have made it clear that they will not voluntarily allow the property inspection and testing without a court order." (ld. at 2:6-13.) As an initial matter, neither of the subjects of Defendant FPI Management, Inc.'s Objection to the Declaration of Bryan Seuthe are relevant to the Court's determination of the issues raised by the motion, rendering said objections MOOT. ...

Excerpt: ...ision (a), and 576, for an order allowing Plaintiff to file a second amended complaint ("SAC"). The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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...

Excerpt: ...The motion is made on the grounds that the Defendant failed to complete the payment arrangement contained in the parties' written Stipulation and Plaintiff is thus entitled to entry of judgment. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party...

Excerpt: ...cks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question." (Diaz v. Prof. Community Management, Inc. (2017) 15 Cal.App.5th 1190, 1204-05.) As Defendants note, there is no proof of service of the moving papers on Defendants. However, "[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or ir...

Excerpt: ... 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. Plaintiff Capital One, N.A moves for judgment on the pleadings against Defendant on grounds that, "defendant's Answer fails to state facts sufficient to constitute a defense and the Order Deeming Plaintiff's R...

Excerpt: ... Plaintiffs are directed to provide notice of the order. Plaintiffs JG Masonry, LLC and Jorge Gonzalez move, pursuant to Code of Civil Procedure sections 2030.290 et seq. and 2031.300 et seq„ for an order compelling Defendant Silveira Chevrolet to serve verified responses, without objections, to Plaintiffs' request for production of documents, set one, and special interrogatories, set one, served on September 12, 2023. Plaintiffs further move, ...