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798 Results

Location: Napa x
2022.12.02 Motion to Permit Pretrial Discovery of Financial Condition 418
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.12.02
Excerpt: ...s profits and financial condition. 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 attempted to provide a late notice of the Court's tentative ruling system by filing an Amended Notice which was not filed until November 28, 2022. Thus, moving party is directed to immediately provide, by telephone call AND email, the notice to opposing ...
2022.12.02 Demurrer to SAC 270
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.12.02
Excerpt: ...e demurrer is brought on the grounds that Plaintiff's eighth cause of action for breach of fiduciary duty fails to state facts sufficient to constitute a cause of action against the Broker Defendants pursuant to Code of Civil Procedure section 430.10, subdivision (e). The parties are reminded of Napa Superior Court Local Rule 3.3 which requires a courtesy copy of any e‐filed document exceeding 15 pages (including exhibits) to be provided to Cou...
2022.12.01 Motion for Summary Judgment, Adjudication 846
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.12.01
Excerpt: ...ants”) move, pursuant to Code of Civil Procedure section 437c, for summary judgment against Plaintiffs Gerald Hanifan, an individual (“Gerald”); Jennifer Hanifan, an individual (“Jennifer”); Gerald Hanifan and Jennifer Hanifan, as successors in interest to Michaella Hanifan (“Michaella”); and Finnuala Hanifan (“Finnuala”) (collectively, “Plaintiffs”). The Corporate Defendants and Individual Defendants are collectively referr...
2022.12.01 Motion for Summary Judgment, Adjudication 379
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.12.01
Excerpt: ...misrepresentation of facts by Plaintiffs in the application process would entitle CSAA to summary judgment or summary adjudication on grounds raised through its eleventh, twelfth, and/or fourteenth affirmative defenses. Plaintiffs are granted leave to serve and file, no later than December 20, 2022, a supplemental opposition limited to the same issues and the same length. CSAA is granted leave to serve and file, no later than December 30, 2022, a...
2022.12.01 Motion for Summary Judgment, Adjudication 035
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.12.01
Excerpt: ... through third, and fifth through tenth causes of action on the grounds that there is no triable issue of material fact as to any of the claims and as a result, Rancho is entitled to summary adjudication as a matter of law. 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. The moving party is therefore directed to immediately provide, by telephone ca...
2022.11.30 Motion to Strike 070
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.30
Excerpt: ...s 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. Defendants are therefore 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, ma...
2022.11.30 Motion to Compel IME 846
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.30
Excerpt: ...10, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). The grounds for the motion are that “Ms. Hanifan has placed her mental condition ‘in controversy' and good cause exists to compel a neuropsychological examination of Ms. Hanifan. A condition ‘in controversy' means the specific injury that is the subject matter of the litigation. (See Roberts v. Superior...
2022.11.22 Motion to Set Aside Judgment 555
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...arty/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 M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...
2022.11.22 Motion for Summary Judgment, Adjudication 062
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...
2022.11.22 Motion for Bifurcation of Liability and Damages 903
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...
2022.11.17 Motion for Preliminary Injunction 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.17
Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...
2022.11.17 Motion for Expenses 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.17
Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. 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....
2022.11.16 Motion to Compel Production of Docs 091
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.16
Excerpt: ...he 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 Walmart, Inc. (Walmart) moves for an order compelling non‐party witness Pacific Rehabilitation & Sports Radiology Department (Pacific Rehabilitation) “to produce documents listed in the subpoena which is in...
2022.11.15 Motion to Continue Trial 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...e‐trial statutory deadlines shall flow from the continued TMC date. The Mandatory Settlement Conference shall remain on calendar for March 2, 2023 at 8:30 a.m. in Dept. MSC. If any of the parties are unavailable on the trial date set above, the parties shall meet and confer on an alternative date consistent with this tentative ruling, and either submit a stipulation to inform the Court of the agreed‐upon trial date or put the matter on for a ...
2022.11.15 Motion to Compel Arbitration and Dismiss Class and PAGA Claims 380
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...or an order cleaving Plaintiff's “individual” PAGA Claims from her “representative” PAGA claims and dismissing the latter; and order Plaintiff to arbitrate her PAGA claims. However, the hearing is CONTINUED to December 15, 2022, at 8:30 a.m. in Dept. A to permit the parties to brief issues relating to Defendant's request to dismiss Plaintiff's class claims, as discussed below. Defendant Ole Health moves, pursuant to the Federal and Califo...
2022.11.15 Motion for Summary Judgment, Adjudication 293
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...2018, she was a partner at Coombs & Dunlap, LLP. She worked in a different area of law than Mr. Malcolm Mackenzie and has no firsthand knowledge of the subject matter set forth in his declaration. She can be fair and impartial in this matter. TENTATIVE RULING: The motions are DENIED. I. PROCEDURAL MATTERS Respondent Frank J. Ballentine (“Frank”), individually, as successor trustee and beneficiary under The William V. Ballentine and Betty P. B...
2022.11.15 Motion for Judgment on the Pleadings 738
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...ient to state a claim against these moving defendants under Labor Code section 1102.5 (Section 1102.5). A motion for judgment on the pleadings may be made on the ground that the complaint fails to state facts sufficient to constitute a legally cognizable claim. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Sofias v. Bank of America (1985) 172 Cal. App. 3d 583, 586.) Individual Defendants argue that Section 1102.5 does not provide for liability o...
2022.11.10 Motion to Set Aside and Vacate Default, Judgment 989
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...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 Capital One Bank (USA), N.A. (Capital One) moves, pursuant to Code of Civil Procedure section 473, subdivision (b) (Section 473(b)), to set aside the default jud...
2022.11.10 Motion to Quash Service 054
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...o 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.” (Code Civ. Proc., § 418.10, subd. (a)(1).) Respondent here seeks an order quashing the September 16, 2022 service on grounds that it was not served in conformity with the relevant provisions of the Code of Civil Procedure. (See Code...
2022.11.10 Demurrer 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...cussion below. (Rules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Frattini demurs to the complaint filed by Plaintiff Lan Thi Tran Nguyen (“Plaintiff”), pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), on the ground that all causes of action fail to allege facts sufficient to constitute a cause of action and are fatally uncertain. The moving party failed to include in the notice of this motion proper...
2022.11.09 Motion for Leave to File Amended Complaint 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.09
Excerpt: ...time to file [] a responsive pleading.” (Notice at 2.) “This motion is made on the grounds there is good cause to allow the filing of an amended complaint adding in as plaintiff Edward Sanchez as his cause of action for wrongful foreclosure is for the same real property in which current plaintiff Christopher Bearman is also alleging wrongful foreclosure.” (Ibid.) Sanchez cites Code of Civil Procedure section 473, subdivision (a)(1), and Rul...
2022.11.09 Demurrer to FAC 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.09
Excerpt: ...d (2) to the first and second causes of action on the grounds that “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the Complaint and incorporated therein by reference.” (See Demurrer at 1:23‐2:28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or ...
2022.11.04 Petition to Confirm Arbitration Award 152
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.04
Excerpt: ...ents' request for an order vacating or correcting the arbitration award is DENIED. The Petition to Confirm the Award is GRANTED. The Court orders the Clerk to set the matter for a Case Management Conference on December 14, 2022, at 8:30 a.m. in Dept. A. A. PROCEDURAL MATTERS Defendants / Petitioners Napa Creek Village, LLC, Barbara L. Meyer, and U.S. Fire Insurance Co. (Petitioners) petition the Court, pursuant to Code of Civil Procedure, section...
2022.11.04 Petition for Writ of Mandate to Enforce Member's Right to Obtain, Inspect, and Copy Certain Records 403
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.04
Excerpt: ...tition for Writ of Mandate. Through both, Petitioner moves, pursuant to Code of Civil Procedure section 1085, Corporations Code sections 17704.10 and 17701.13 et seq., and Rules of Court, rule 8.932, for a Writ of Mandate directed to Respondents Kelham Vineyards & Winery LLC (“Kelham Vineyards”) and Susanna Rogers Kelham (“Ms. Kelham”) (collectively, “Respondents”) to enforce Petitioner's right, as a member of Kelham Vineyards, to obt...
2022.11.04 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.04
Excerpt: ...served as Defendant's Director of Nursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. It appears, however, that Defendant did produce the witne...
2022.11.03 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ...t filed June 22, 2022, and that filed October 24, 2022, are GRANTED. The Court takes judicial notice of Napa County Code, section 15.04.080, Napa County Ordinance Nos. 1020, 1109, and 1160, and the 1991, 1994, and 1997 Uniform Building Codes. The Court rules on the objections to Peletta's evidence asserted by responding parties Francis Wang and Laura Young (collectively the Wangs) as follows: Objection No. 1: Sustained as to 39:22‐24 and overru...
2022.11.03 Motion for Expungement of Notice of Pendency of Action 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ... and Sudha Sawkar (collectively, “Plaintiffs”). Defendants also seek their attorneys' fees and costs incurred in connection with this motion. The motion is made on the grounds that “[t]he Notice is void on its face for failure to comply with the mandatory notice requirements of the Code of Civil Procedure and for plaintiffs' failure to verify their complaint.” (Notice of Motion at 2.) Defendants' Request for Judicial Notice (“RJN”) of...
2022.11.02 Motion to Seal 097
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.02
Excerpt: ...sed redactions are on 10 pages of an arbitrator award totaling 38 pages and on four pages of an arbitration pleading totaling 19 pages, which are attached as Exhibits C and D to the Petition to Vacate, as identified in the Declaration of David J. Millstein. (Millstein Decl. ¶ 6, Exh. C.) Respondents indicate that, while Petitioners do not join the present motion, counsel for Petitions have informed Respondents that they will not oppose the motio...
2022.11.02 Motion for Leave to File Amended Pleading 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.02
Excerpt: ... sections 473c, subdivision (a)(1), and 576, for leave to file a fourth amended complaint. The motion is brought “on the grounds that the interests of justice will be served if plaintiffs are allowed to revise their sixth cause of action for declaratory [relief] to remove all doubt that the only requested relief is a judicial determination that the 2005 Agreement did not terminate when plaintiffs reconstructed and remodeled their house and barn...
2022.10.28 OSC Re Preliminary Injunction 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.28
Excerpt: ...ary injunction should not be ordered restraining and enjoining Defendants, their agents, and employees, and each of them, during the pendency of this action from erecting or using in any manner or form any obstruction on Plaintiffs' access easement as depicted in the Map of the Lands of Carter A. Martin, et ux, Recorded July 13, 1980 in Book 11 of Parcel Maps at Page 59, Napa County Records. In Plaintiffs' Notice of Order to Show Cause, they fail...
2022.10.28 Motion to File Records Under Seal 379
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...ith the foregoing. Defendant CSAA Insurance Exchange (CSAA) moves, pursuant to California Rules of Court, rule 2.550 and 2.551, for an order to seal certain records that were, on September 26, 2022, conditionally lodged under seal by Plaintiffs Armand Maaskamp and Lynn Maaskamp. “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...
2022.10.28 Motion to Enforce Settlement Term Sheet, for Sanctions 377
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...her in this matter on May 18, 2022.”2 (Notice of Motion at 1:22‐24.) Plaintiff further moves, pursuant to Code of Civil Procedure, section 128.5, for an order awarding her monetary sanctions in the amount of $29,702.50 “in addition to further sanctions in the amount of fees earned by Defendant's counsel in connection with Defendant's attempts to evade the settlement” to be paid to the Court. (Id. at 1:25‐28.) The motion is made on the g...
2022.10.28 Motion to Declare Assigned Judge for Complaint and Combined Date to Resolve Complaints 977
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...les providing for electronic filing and service.” Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, Plaintiff has not filed a proof of service of the present motion to the Defendants in this action.4 Furthermore, Plaintiff failed to include a Notice of Motion stating the nature of the order sought and the grounds for such an order...
2022.10.27 Motion to Enter Judgment 244
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...ocal 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 who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...
2022.10.27 Motion to Compel Production of Cell Phone 846
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...‐Defendant Finnuala Hanifan (“Finnuala”) moves for an order compelling Defendant and Cross‐Complainant Silverado Resort Investment Group, LLC dba Silverado Resort (“Silverado”) to produce Defendant and Cross‐Complainant Adrian Gonzalez's (“Gonzalez”) company cell phone. Finnuala further moves for sanctions in the amount of $2,100 pursuant to Code of Civil Procedure section 2023.010, subdivisions (d)‐(f). On July 15, 2022, Finn...
2022.10.20 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on the grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. While the moving party includes an abstract reference to the Court's tentative ruling sy...
2022.10.20 Motion for Summary Judgment, Adjudication 197
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.20
Excerpt: ...use of action for Common Counts on the ground that it is undisputed that Plaintiff provided various recycling landfill services between October 2015 and March 2021 and Defendant failed to pay for these services in the amount of $27,677.51. In the alternative, Plaintiff moves for summary adjudication of its cause of action and as to Defendant's four affirmative defenses on the ground that Defendant lacks evidence to support its affirmative defense...
2022.10.20 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ements. To clarify, the Court is not granting Peletta leave to present any additional evidence. The Wangs are granted leave to file, no later than October 27, 2022, a sur‐sur‐reply of no more than 3 pages addressing any issues raised in the sur‐reply. A. PROCEDURAL MATTERS Defendant and Cross‐Complainant Peter Peletta moves for summary adjudication of Plaintiffs' claims for easement by prescription, equitable easement, on his eighth affir...
2022.10.18 Motion to Strike 844
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.18
Excerpt: ...37 and 46 and the Prayer, Paragraph 6, in their entirety. 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. However, the Court may grant ...
2022.10.14 Motion to Compel Discovery Responses, for Sanctions 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.14
Excerpt: ...dy (collectively, “Defendants”) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (b) and (c), and 2031.300, subdivisions (b) and (c), for an order compelling Plaintiff Terry Francis to provide responses, without objections, to the Supplemental Interrogatories, Supplemental Requests for Production of Documents, Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set...
2022.10.14 Motion for Nonsuit 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2022.10.14
Excerpt: ...f Action in the SAC is for Breach of Contract/Specific Performance against Long. (SAC at 15:8‐9.) The Prayer for Relief requests “[s]pecific performance of the BVK Purchase Agreement.” (SAC, Prayer at ¶ 1.) Pursuant to the BVK Purchase Agreement, dated November 15, 2007, Long agreed to sell, assign, transfer and deliver to BVK, and BVK agreed to purchase from Long all of the right, title and interest of Long in and to all of the following ...
2022.10.13 Motion to Vacate Judgment 297
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.13
Excerpt: ...ith the requirements under Code of Civil Procedure section 1005, subdivision (b), and to file a proof of service required by Rules of Court, rule 3.1300, subdivision (c). Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) moves, pursuant to Code of Civil Procedure section 473, for an order vacating the judgment against Defendant Xavier Gonzalez (“Defendant”) and requests that the Court enter a dismissal without prejudice. Defendan...
2022.10.13 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.13
Excerpt: ... Initial Moving Papers In an effort to avoid confusion, the Court begins with a brief discussion of the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed belo...
2022.10.11 Motion to Continue Trial 086
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.11
Excerpt: ...expert disclosures are extended based on the new May 11, 2023 TMC date. Defendants Jack Neal & Son, Inc., Frank Brower Grant, Jr. and JNS, LLC (“Defendants”) move, pursuant to Rule 3.1332 of the California Rules of Court, to continue the October 31, 2022 trial and all current pretrial deadlines in this matter to May 2023 and to continue all pretrial deadlines. The moving party failed to include in the notice of this motion proper notice of th...
2022.10.11 Motion for Leave to File Amended Petition and Complaint 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.11
Excerpt: ...ial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) The bulk of the proposed changes are a host of novel factual allegations supporting a fraud claim, based on a cent...
2022.10.06 Motion to Compel Responses 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.06
Excerpt: ...omplainants”) Requests for Production of Documents, Set One no later than 15 calendar days after notice of entry of the present order. Mr. Nguyen and his counsel are ordered to pay to Cross‐ Complainants, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the total amount of $4,413.75. Cross‐Complainants move, pursuant to Code of Civil Procedure section 2031.300, subdivisions (b) and (c)...
2022.10.06 Motion for Summary Judgment, Adjudication 827
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.06
Excerpt: ...dgment or, in the alternative, summary adjudication of all five causes of action asserted against it in Plaintiff Frederick Just's (“Just” or “Plaintiff”) Complaint, based on 10 separately‐ enumerated grounds identified as Issues I‐X. (See, generally, Notice of Motion.) The Court rules on CalVet's evidentiary objections as follows: Objection Nos. 1‐3, 6: The respective subjects of these objections are not relevant to the Court's res...
2022.10.04 Motion for Contempt 862
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.04
Excerpt: ... A. Lawson (“Mr. Lawson”), as the managing member and Chief Executive Office of Defendant, for up to five days or, under Code of Civil Procedure section 1219, subdivision (a), until Defendant has complied with the Court's Order and paid all outstanding sanctions and penalties, and (3) an order awarding its attorney's fees and costs incurred in connection with this Motion in the amount of $3,337.50. The moving party failed to include in the no...
2022.09.29 Motion to Enforce Judgment 413
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.29
Excerpt: ...dant (“Judgment”). (Notice at 2‐3.) By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant's previous violations of the Judgment through and including January 31, 2022 to allow Defendant time to abate all prior violations by (1) obtaining any legally required permits from Napa County, (2) performing the required abatement work as set forth in the approved permits and in accordance with any conditions ...
2022.09.29 Application to Modify Default Judgment 356
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.29
Excerpt: ...nable costs to distribute payment to the Class once collected from the debtors; and (3) to clarify the timing of the payments to the Class now that the timing and amount of collection is reasonably certain to maximize efficiency.” (Ex Parte Application at 2:4‐9 (App.).) The relief sought requires Plaintiff to proceed by noticed motion. Plaintiff relies on Code of Civil Procedure, section 685.040 which provides that, “[a]ttorney's fees incur...
2022.09.28 Motion for Summary Judgment, Adjudication 179
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.28
Excerpt: ...dgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing n...
2022.09.28 Motion for Summary Adjudication 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.28
Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...
2022.09.27 Motion to Set Aside and Vacate Default, Judgment 989
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.27
Excerpt: ...subject matter. Plaintiff is directed to give Defendant notice of the continued hearing. 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. The moving party is therefore 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...
2022.09.22 Petition to Compel Arbitration 832
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.22
Excerpt: ...o file and serve, no later than October 14, 2022, a supplemental opposition, of no more than 10 pages in length, addressing Petitioner's supplemental memorandum and/or issues raised herein below not raised through the supplemental memorandum. Petitioner is then granted leave to file and serve, no later than October 19, 2022, a supplemental reply brief, of no more than 5 pages in length responding to Respondent's arguments. Petitioner Service Empl...
2022.09.16 Motion for Leave to Amend FAC 342
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.16
Excerpt: ... novel allegations of the Proposed SAC, with cut‐off dates calculated pursuant to the Code of Civil Procedure based on the new trial date. Plaintiffs Frank Wang and Laura Young (collectively Wangs) move, pursuant to Code of Civil Procedure, sections 473, subdivision (a)(1), for leave to file a Second Amended Complaint in the form attached as Exhibit 1 to the Declaration of Anna St. John (Proposed SAC) for the purpose of “add[ing] or adjust[in...
2022.09.15 Petition for Writ of Mandate 476
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ... 2:3‐6.) Through the Petition, Petitioner contends that “DMV abused its discretion and illegally withdrew Petitioner's driving privilege after her administrative interview appointment when Petitioner demonstrated, through her testimony, that she was not a negligent operator of her vehicle and has no physical or mental conditions which affect her ability to safely drive. The withdrawal of Petitioner's driving privilege is not supported by the ...
2022.09.15 Motion to Enforce Judgment 413
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ...rcises its discretion to consider Defendant's late‐filed Opposition, which, to the Court's best understanding, requests an evidentiary hearing on the motion and another continuance to allow time to prepare for an evidentiary hearing and to retain counsel. Defendant provides no authority, or showing of good cause, for either request. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without te...
2022.09.15 Motion for Judgment on the Pleadings 767
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ... negligence asserted in the Third Amended Complaint (“TAC”),4 on the ground that, under Sheen v. Wells Fargo Bank, N.A.. (2022) 12 Cal.5th 905, 915 reh'g denied 2022 Cal. LEXIS 2930 (Cal. June 1, 2022) (“Sheen”), Chase owes no duty of care to Plaintiffs as a matter of law and cannot be held liable for negligence. 4 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on Sep...
2022.09.15 Demurrer 512
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.15
Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...
2022.09.14 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.14
Excerpt: ...CEDURAL MATTERS 1. Initial Moving Papers In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a decl...
2022.09.13 Demurrer to FAC 769
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...rtgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amended Complaint (“FAC”) filed on June 13, 2022 against Movants and Law Office of Les Zieve (collectively, “Defendants”). The demu...
2022.09.13 Motion for Judgment on the Pleadings 607
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...plaint. 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. However, the Court may grant belated requests for oral argument or continuance ...
2022.09.13 Motion to Compel Further Responses 242
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.13
Excerpt: ...iant verification as to all of its Special Interrogatory Responses no later than 15 calendar days after notice of entry of the present order. Plaintiff moves, pursuant to the Code of Civil Procedure, sections 2030.300, subdivision (a), for an order compelling Defendant EVIG, LLC to produce further responses to Plaintiff's Special Interrogatories, Set One (Subject Discovery) on grounds that Defendant's objections are without merit or too general, ...
2022.09.09 Motion to Compel Responses, for Sanctions 384
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.09
Excerpt: ...n 15 calendar days after notice of entry of the present ruling, sanctions in the amount of $772.50 to Defendant, care of his attorney of record. Defendant Marco Hernandez Peralta moves, pursuant to Code of Civil Procedure, section 2030.290, for an order compelling Plaintiff Elijahnick Brown to provide full and complete verified responses, without objections, to form interrogatories, special interrogatories and requests for production of documents...
2022.09.09 Motion for Determination of Good Faith Settlement 481
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.09
Excerpt: ... is in good faith.2 The motion is opposed by Defendant Michael Buchanan (Buchanan). “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors....” (§ 877.6, subd. (a)(1).) Importantly, the par...
2022.09.08 Motion to Compel Further Responses 293
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...rank J. Ballentine Irrevocable 2012 Trust dated May 11, 2012 (“Respondent”) moves, pursuant to Code of Civil Procedure2 sections 2023.010 et seq., 2030.290, 2031.310, 2031.320 and 2033.290, for an order compelling Petitioner William V. Ballentine Jr. (“Petitioner”) to further respond, under oath, and produce all responsive documents and a privilege log, to the Respondent's Form Interrogatories – General, Set One, Nos. 8.1, 8.8, 9.1, 9.2...
2022.09.08 Motion to Compel Answers, Monetary Sanctions 240
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...a monetary sanction to Plaintiff in the sum of $1,060. 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. However, the Court may grant bel...
2022.09.08 Motion for Summary Judgment, Adjudication 131
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...est oral argument on the below tentative ruling, a copy of which was emailed to the parties on August 25, 2022. Defendant City of Napa requested oral argument. As such, the parties shall appear for oral argument. TENTATIVE RULING: The Motion is DENIED. I. PROCEDURAL MATTERS Defendant City of Napa (“City”) moves, pursuant to Code of Civil Procedure section 437c, for summary judgment, or in the alternative, summary adjudication of the single ca...
2022.09.08 Demurrer 512
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.08
Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...
2022.09.07 Demurrer to FAC 769
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.09.07
Excerpt: ...hellpoint”) and the Bank of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amen...
2022.09.02 Demurrer 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.02
Excerpt: ...es for an order awarding attorney fees in the amount of $4,800.00 incurred in bringing this Demurrer, plus additional fees to be added upon the filing of a Reply, plus filing fees.” (Notice of Hearing at 2:7‐9.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or cross‐complaint has been filed may object, by demurrer or answer as provid...
2022.09.01 Motion to Enforce Judgment 413
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.09.01
Excerpt: ...ocal 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. By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant Cliff Reno's previous violations of the October 16, 2018 judgment (“Judgment”) ...
2022.08.30 Special Motion to Strike 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.30
Excerpt: ...Hogins, together, “Cross‐Defendants”) move, pursuant to Code of Civil Procedure1 section 425.16, subdivision (a), 474, and 576, for an order striking “the allegations in Paragraph 13 of the First Amended Cross‐Complaint (“FACC”), the Fifth and Sixth Causes of Action for Defamation and Intentional Interference with Economic Relations, respectively, and Paragraph 62 in the Eighth Cause of Action referring to ‘defamatory, misleading,...
2022.08.26 Declaratory Relief Hearing 903
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.26
Excerpt: .... As such, the parties shall appear for oral argument. TENTATIVE RULING: In the First Supplemental Amended Complaint (“FAC”) filed by Plaintiffs John P. and Wanda E. McGill, individually and as trustees for the McGill Family Trust 2018 (“Plaintiffs”), the fifth cause of action asserts a claim for declaratory relief regarding maintenance of an easement. (Request for Judicial Notice (“RJN”), Exh A; Declaration of James Patrick (“Patri...
2022.08.26 Demurrer 317
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.26
Excerpt: ... of action and as a result the present action violates the prohibition on splitting a cause of action among multiple suits. Lawson's request for Judicial Notice is GRANTED. The Court takes judicial notice of the February 16, 2022 order in the matter of Miller v. GVM Law LLP, et al., case number 17 20CV000283, and takes judicial notice of Plaintiff's Third Verified Complaint in the same action, but, as to the latter, not for the truth of the matte...
2022.08.26 Request for Reimbursement of Expense 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.26
Excerpt: ...uly 21, 2022, Mr. Le declared that he “lives in southern California and reserved an Airbnb for three weeks starting July 27 in anticipation of the trial. Because of the trial continuance and unknown trial date, the Airbnb reservation was cancelled last minute, and Defendant's counsel received partial refund; still having to pay the remaining balance in the amount of $1,892.” (Declaration of Cang N. Le (“Le Decl.”) ¶ 4.) Mr. Le provided a...
2022.08.24 Motion to Compel Compliance with Subpoena for Records 643
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.24
Excerpt: ...Civil Procedure sections 2025.480, 2031.310, 2031.310(h) and Evidence Code sections 911, 1060, 1016, and Civil Code section 3426.1, for an order enforcing the subpoena duces tecum (“Subpoena”) served on Key Health. Defendant further moves for monetary sanctions against Key Health pursuant to Code of Civil Procedure sections 2025.480(j), 2023.010, and 2031.310(h). The Court notes Defendant's counsel's supplemental declaration indicating that t...
2022.08.24 Motion for Summary Adjudication 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.24
Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...
2022.08.24 Demurrer to SAC 010
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.24
Excerpt: ..., from notice of entry of the present order, to file an answer to the Second Amended Complaint (SAC). (Rules of Court, rule 3.1320, subd. (g).) The Clerk is directed to send notice unless waived at a hearing properly requested pursuant to Local Rule 2.9. 2 A. PROCEDURAL MATTERS The Notice of Motion indicates that Defendants Jannette Hall and Norcal Gold, Inc. demur to the SAC on the grounds that Plaintiff fails to allege facts therein sufficient ...
2022.08.23 Motion to Seal 391
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.23
Excerpt: ...erlying labor arbitration and contain exclusively confidential, sensitive, and private information not disseminated to the public. (Notice of Motion at 2:11‐16.) “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 probabil...
2022.08.23 Motion for OSC Re Contempt, for Sanctions, for Attorney Fees 338
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.23
Excerpt: ...der Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of 3 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 and Judgment Creditor Don Weil moves for an order to show cause re: contempt and for sanctions and attorneys' fees on the grounds that Defendant Matt Follner's i...
2022.08.23 Demurrer to FAC 497
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.23
Excerpt: ...the Fifth Cause of Action for Reformation asserted in Plaintiff's FAC. The ground for the demurrer is that the FAC fails to state facts sufficient to constitute a cause of action. 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 for...
2022.08.16 Motion to Compel Further Responses to RFAs 314
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.16
Excerpt: ...e Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than August 30, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 6, 2022. Plaintiff is directed to serve and file, no later than August 30, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing the additional me...
2022.08.16 Motion for Summary Judgment, Adjudication 179
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.16
Excerpt: ... judgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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. The moving party is therefore directed to immediately provide, by telephone call AND email, the missin...
2022.08.16 Motion for Partial Summary Judgment 344
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.16
Excerpt: ...ocal 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 who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...
2022.08.12 Motion for Attorney Fees, to Compel Arbitration 703
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.12
Excerpt: ...o compel. Plaintiffs cite Civil Code section 1717 as authority for their motion. Plaintiffs acknowledge that section 1717 provides: “In any action on contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...
2022.08.11 Motion for Judgment on the Pleadings 767
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.11
Excerpt: ...negligence cause of action in the Third Amended Complaint (“TAC”), 1 as discussed more fully below. 1 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on September 22, 2017, along with the First Amendment thereto filed on January 21, 2022. 4 Chase moves, pursuant to Code of Civil Procedure section 438, subd. (c)(1)(B)(ii), for an order granting judgment on the pleadings in ...
2022.08.10 Motion to Continue Trial Date 591
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.10
Excerpt: ...tunity to conduct discovery and investigate its claims. MKB's motion is made on, essentially, the same grounds asserted in support of its motion for leave to file a cross‐complaint against Reyes, namely that, “MKB only recently learned of the Elmin's scope of work and its direct involvement...[and as a result] MKB was unaware of Elmin [sic] crucial role as potential joint tortfeasor until this late stage...[and] [n]o party will be prejudiced ...
2022.08.09 Motion to Request Production of Docs 314
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.09
Excerpt: ...urt, rule 3.1345, subdivision (c), no later than August 23, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 1, 2022. Plaintiff is directed to serve and file, no later than August 23, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing such meet and confer efforts. Defendant is invited to fi...
2022.08.09 Motion to Quash Deposition Subpoenas for Production of Business Records 846
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.09
Excerpt: ... Sheriff's Office and the Napa County District Attorney's Office (collectively, “Subpoenas”) by Defendants. The Motion is brought “on the basis that no ‘notice to the consumer' within the meaning of California Code of Civil Procedure section 2020.410, subdivision (d), was issued or served as to Plaintiffs as required under California Code of Civil Procedure1 sections 1985.3, subdivision (e), and 1985.4.” (Notice at 2.) A notice to consu...
2022.08.05 Motion to Vacate Judgment and Enter Dismissal 983
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.05
Excerpt: ...te Order of that date, the Court continued the matter and invited Plaintiff to file an additional brief providing the Court with authority by which the Court could grant the motion, and further urged Defendant to file “at any time prior to the hearing, any materials that might inform the Court of his desires regarding the subject matter.” No party has filed any papers from or after June 27, 2022. 23 Defendant has not made an appearance in the...
2022.08.05 Motion to Set Aside Judgment and Default 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.05
Excerpt: ...at date, the Court continued the matter and directed Defendant to provide sufficient notice to Plaintiff by serving the moving papers, as revised to reflect the continued hearing date, on Plaintiff's counsel. 12 The matter came on for a continued hearing on June 24, 2022. The Tentative Ruling advised Defendant that the Court was unable to determine whether Defendant served on Plaintiff the moving papers with the revised hearing date. The Tentativ...
2022.08.05 Motion for Summary Judgment, Adjudication 131
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.05
Excerpt: ...unds for the motion are that Plaintiff cannot establish the necessary elements of dangerous condition or causation under Government Code section 835. II. LEGAL STANDARDS A. Motion for Summary Judgment or, in the Alternative, Summary Adjudication “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, s...
2022.08.05 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.05
Excerpt: ...CEDURAL MATTERS In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed below. ...
2022.08.05 Demurrer to FAC 118
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.05
Excerpt: ...S PROCEDURAL OBJECTION TO DEMURRER In opposition, Plaintiff objects on the ground that Defendant's pleading fails to specify the grounds for the demurrer. “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross‐complaint, or answer are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc., § 430.60; Rules of Court, rule 3.1320, subd. (a) [“Each ground of demurrer must be in a...
2022.08.04 Motion for Protective Order 391
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.04
Excerpt: ...include the notice of that system explicitly required by Local Rule 2.9. The moving party is therefore 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 who represents it did not timely receiv...
2022.08.04 Demurrer 270
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.08.04
Excerpt: ...e to amend. (Rules of Court, rule 3.1320, subd. (g).) I. PROCEDURAL MATTERS Defendants Arthur J. Gallagher & Co. (“AJG”) and Dina Smith (“Smith”) (collectively, the “Broker Defendants”) demurrer, pursuant to Code of Civil Procedure section 430.10, subd. (e), to the eighth and ninth causes of action asserted against them in the Complaint filed by Plaintiff Spring Mountain Vineyards, Inc. (“SMV”) on March 11, 2022 (“Complaint”)....
2022.08.03 Motion to Expunge Lis Pendens, for Attorney Fees 475
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.03
Excerpt: .... A. Procedural Matters The Court did not rely on paragraph 3 of the Declaration of John Michael Galloway in its analysis of the issues presented. As a result, Plaintiff's evidentiary objection is MOOT. B. Legal Analysis “At any time after notice of pendency of action has been recorded, any party...may apply to the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.1 ) Such motion may be made on one or mo...
2022.08.02 Motion to Compel Testimony 827
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.08.02
Excerpt: ...subject questions is not properly before the Court, as there is no failure to answer specific follow‐up questions at this juncture. On that ground, Plaintiff's request is DENIED. Finally, Plaintiff's alternative request that the Court deny Defendant's motion for summary judgment pursuant to Code of Civil Procedure section 437c, subd. (h), is premature, as Defendant's motion is not presently before the Court. On that ground, this requested relie...
2022.07.29 Motion to Compel Additional Discovery Responses 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.07.29
Excerpt: ... further responses to Plaintiff's First Set of Demands for Document Production on three grounds: (1) Defendant failed to identify the specific requests which correspond to the documents produced, in violation of Code of Civil Procedure, section 2031.280, subdivision (a); (2) Defendant's representation of inability to comply is inadequate, incomplete and/or evasive and Defendant's other objections are without merit or too general; and (3) Defendan...

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