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321 Results

Location: Napa x
2020.10.20 Motion to Remove Trustee, for Accounting 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.20
Excerpt: ......
2020.10.16 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ......
2020.10.16 Motion for Judgment on the Pleadings 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ......
2020.10.15 Motion to Quash Deposition 684
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.15
Excerpt: ......
2020.10.14 Motion for Summary Judgment, Adjudication 775
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.14
Excerpt: ...ily fails. Defendant's motion for summary adjudication as to the first cause of action for disability discrimination – wrongful disciplinary action (Gov. Code, §§ 12926, 12940, et seq.) and third cause of action for disability discrimination – wrongful termination (Gov. Code, §§ 12926, 12940, et seq.) on the ground Klaus cannot establish a prima facie case of disability discrimination [Issues No. 1, 5] is DENIED. “To establish a prima f...
2020.10.14 Demurrer 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.14
Excerpt: ...orted causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.) A. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed with the California Superior Court in and for the County of San Francisco in...
2020.10.08 Demurrer 609
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.10.08
Excerpt: ...spirit of antitrust laws, which plaintiff Robert Jordan does not allege. Defendants correctly cite the law on the issue: “When a plaintiff who claims to have suffered injury from a direct competitor's ‘unfair' act or practice invokes section 17200, the word ‘unfair' in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable...
2020.10.07 Demurrer 494
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.07
Excerpt: ...n the grounds that the Complaint fails to allege facts sufficient to establish a dangerous condition of public property, fails to allege that a dangerous condition of public property caused his injuries, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A demurrer is treated as “admitt...
2020.10.02 Demurrer 446
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.02
Excerpt: ...s judicial notice of the official records of the California Secretary of State for the corporate status of Green Future, LLC, but for no other purpose. All other requests for judicial notice are DENIED on the ground that none are relevant to the Court's resolution of the issues raised by the demurrer. Plaintiff's requests for judicial notice are GRANTED. The Court takes judicial notice of the Articles of Organization – Conversion, and the LLC ...
2020.09.29 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.29
Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...
2020.09.25 Petition for Writ of Administrative Mandamus 244
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.25
Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...
2020.09.25 Motion for Attorney's Fees 313
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2020.09.25
Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...
2020.09.23 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...
2020.09.23 Motion to Compel, to Stay 402
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...
2020.09.23 Motion for Preference, to Advance Trial Date 565
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.23
Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...
2020.09.17 Motion for Summary Judgment 167
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...
2020.09.17 Demurrer 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...
2020.09.16 Demurrer 362
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.16
Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...
2020.09.15 Motion for Pre-Judgment and Post-Judgment Interest 035
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.15
Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a new trial, must state…the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”];...
2020.09.11 Motion for Summary Judgment, Adjudication 456
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.11
Excerpt: ...nt James R. Trumble moves the Court for summary judgment, or in the alternative summary adjudication of the causes of action asserted against him by the Complaint of Plaintiff Robert Alaniz.1 Through the Complaint, Plaintiff alleges that while he was delivering mail to a business owned by Defendant Regan and Sons, Inc., a dog named Juno owned by Trumble ran out of the 1 Defendant's Notice of Motion indicates that he seeks summary adjudication of ...
2020.09.09 Motion for Summary Judgment 319
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.09
Excerpt: ...lic entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his employment.” The undisputed facts establish that the injury in question arose from the negligent act of Mr. Duarte, a person who was not an employee of Defendant Merced County Office of Education. This shifts the burden ...
2020.09.09 Motion for Summary Adjudication 721
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.09
Excerpt: ...g grounds: (1) the limitation‐of‐liability provision (“LOL”) in the written agreements between Blackburn/Crawford and plaintiff Spring Mountain Vineyard, Inc. is enforceable; (2) Blackburn/Crawford did not commit gross negligence and, as such, the alleged gross negligence is not a proper basis for not enforcing the LOL; and (3) whether or not Blackburn/Crawford did commit gross negligence, the LOL's prohibition on the recovery of conseque...
2020.09.04 Motion to Compel Further Production of Docs 350
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.04
Excerpt: ...umber 30 seeks copies of the NCSD's policies, procedures, and training for use of force from 2009 to the present. (Podrobinok Decl., Ex. 1 at p. 8.) The NCSD opposes. A. Statement of Facts In 2018, Albert Wong entered a building at the Veteran's Home of California in Yountville armed with a loaded semi‐ automatic weapon and dressed in tactical gear. (Third Amended Compl., ¶¶ 59, 66‐67.) The combat veteran entered a room and allowed certain ...
2020.09.04 Motion for Protective Order 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.04
Excerpt: ...Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Background Defendants John L. Miller, Oakmont Investments LLC, the Miller Alaska Trust, Tim Wall, TKW Resort Hold...
2020.09.03 Motion to Compel Arbitration and Stay 274
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.03
Excerpt: ... Autovest, L.L.C. (Autovest) and Cross‐Defendant First Investors Financial Services, Inc. (First Investors) (collectively Cross‐Defendants) move the Court, pursuant to the Federal Arbitration Act, for an order compelling Defendants and CrossComplainants Garcia and Asuncion Garcia (collectively the Garcias) to arbitrate the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the a...
2020.09.03 Motion to Compel Discovery Responses 342
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.03
Excerpt: ... days of notice of entry of this order, sanctions in the amount of $1,810.00. Defendant and Cross‐Complainant Peter Peletta moves the Court for an order compelling Plaintiff Francis Wang to respond to Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, and for monetary sanctions. Through her opposition, Plaintiff acknowledges that on or about February 19, 2020, Defendant served her with Supplemental Form In...
2020.09.02 Motion to Set Aside Judgment of Dismissal 209
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.09.02
Excerpt: ...ocal Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. The Notice of Motion fails to state the specific grounds on which the motion is sought. (Code Civ. Proc. §1010; Rules of Ct., rule 3.1110, subd. (a).) The Notice of Motion states that “Plaintiff Merchant Cash and Capital, LLC…move[s] the court for an order setting aside the judgment of dismissal entered o...
2020.08.28 Motion to Modify Bond Regarding Injunction 899
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.28
Excerpt: ... p. 1:6.) The notice of motion also does not identify the statutory basis allowing a motion to modify a bond amount for a preliminary injunction to be brought. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(a).) Assuming there is a basis, defendants argue the injunction bond was not sufficient to cover their damages. Defendants want the bond amount to require plaintiffs to provide for regular monthly payments to them. Defendants, how...
2020.08.27 Petition for Writ of Administrative Mandamus 244
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.27
Excerpt: ...0 a.m. in Dept. B. Each party may serve and file, on or before September 9, 2020, a supplemental brief, no longer than 15 pages, addressing the issues identified herein below. Each party may, on or before September 16, 2020, submit a Supplemental Reply, no longer than 10 pages, addressing arguments raised by the other party. The Court reserves all other issues for subsequent proceedings. Petitioner seeks a “writ of mandate…directed to Respond...
2020.08.25 Motion to Compel Further Responses 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.25
Excerpt: ...rocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant and Cross‐ Complainant Laura Young moves the court pursuant to Code of Civil Procedure section 2030.300 for an order compelling Plaintiff and Cross‐Defendant Martha Kongsgaard to provide further answers to certain form interrogatories on the grounds that the answers given ...
2020.08.25 Demurrer 714
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.25
Excerpt: ...Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. Defendants' demurrer to the first cause of action for battery on the ground of failu...
2020.08.21 Petition to Compel Arbitration 293
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...ections 1281.2, and 1281.4, and the Federal Arbitration Act, for an order compelling BASS to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural History The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Dr. Marquez, pursuant to the terms of a written employment agreement. ...
2020.08.21 Motion to Enforce Settlement 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...
2020.08.21 Demurrer 489
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...ant did enter into the contract, Plaintiff must allege whether the contract was oral or written and all of its material terms. As to the second cause of action for fraud, it fails similar to the first cause of action, in that no facts are set forth against Defendant Ireton. Additionally, a fraud claim must be specifically pled. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfi...
2020.08.20 Motion to Vacate Order Sustaining Demurrer 725
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.20
Excerpt: ...f notice of entry of the present order. Clerk is to provide said notice. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing...
2020.08.20 Motion to Compel Further Responses 735
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.20
Excerpt: ...and form interrogatories (employment law) (set one) numbers 200.1‐200.6, 201.1‐201.7, 207.1‐207.2, 208.1‐208.2, 209.2, 211.1‐ 211.3, 215.1‐ 215.2, and 216.1. Craig acknowledges the motion as to these requests is moot after defendant A Wine Valley Experience Limousine Ind. (dba Napa Valley Tours and Transport) served amended responses to each of the requests to the motion. (Keister Decl., ¶ 12; Reply at p. 3:10‐16.) Craig's motion t...
2020.08.19 Motion for Trial Preference 487
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.19
Excerpt: ...ees. Jury Trial is set for December 14, 2020, 8:30 a.m. in Dept. A. The Mandatory Settlement Conference is set for November 5, 2020, 8:30 a.m. in either the Settlement Conference Room, or by Zoom. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling...
2020.08.19 Motion to Enforce Settlement 201
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.19
Excerpt: ...the terms of the signed settlement agreement, and awarding sanctions sufficient to reimburse Nicholsen for his reasonable attorneys' fees and costs incurred in connection with the within motion.” (Notice of Motion at 1:24‐2:2.) In opposing the motion, Plaintiff argues that “there was not a meeting of the minds with respect to agreeing on a location of the amended easement before submitting the lot line application to Napa County.” (Opposi...
2020.08.18 Motion to Change Designation Under Stipulated Protective Order 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.18
Excerpt: ...9 (SPO), from “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY” to “CONFIDENTIAL” of those portions of the Contribution and Equity Purchase Agreement between Defendants V2 Wine Group, LLC and Delicato Vineyards, and the national distribution agreement between Defendant Delicato and third party Southern Glazers Wine & Spirits, that are identified in Exhibit A to Plaintiff's Motion. The motion is DENIED as to all other matters. “Unless other...
2020.08.18 Demurrer 070
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.18
Excerpt: ... acts of third parties.” (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213.) “[T]he existence and scope of a property owner's duty to protect against third party crime is a question of law for the court to resolve.” (Ibid.) Plaintiff Bobby Carlson alleges Starbucks had a duty to protect him from defendant Nicholas Zazzarino's criminal conduct because heightened foreseeability existed based on various shootings that have taken place at other...
2020.08.14 Motion to Set Aside Default, Judgment 526
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.14
Excerpt: ... to the first amended complaint. Default judgment was entered on June 18, 2020. Defendants' motion focuses entirely on events leading up to the People seeking default judgment on June 15, 2020. Defendants present no argument or evidence as to why default should be set aside based on any purported mistake, inadvertence, excusable neglect, or surprise. The motion as to the setting aside of default, therefore, necessarily fails. Turning to the entry...
2020.08.14 Motion to Compel Further Discovery Responses 462
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.14
Excerpt: ...nding Form Interrogatory 17.1 “on the grounds that the discovery requests are relevant to the subject matter of this action, and not subject to any applicable privileges.” Plaintiff also moves for an order that Defendant pay a monetary sanction pursuant to Code of Civil Procedure section 2023.010, et seq., for abuse of the discovery process. Through its opposition, Defendant likewise requests monetary sanctions against Plaintiff. The notice o...
2020.08.14 Motion for Trial Preference 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.14
Excerpt: ...to Code of Civil Procedure section 36 and the Court's inherent powers, for an order (1) granting trial‐setting preference to the matter, and (2) setting the trial for a date no later than 120 days after entry of order on the motion. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rul...
2020.08.14 Demurrer 862
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.14
Excerpt: ...ross‐Complaint (OCC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each purported claim fails to state facts sufficient to constitute a cause of action and each is uncertain ambiguous and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed by plaintiffs, and the Cross‐Complaint filed by Defendant JKT Associates in this matter. ...
2020.08.14 Demurrer 823
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.14
Excerpt: ... – promise made without intention to perform (Civ. Code, § 1710(4))5 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the d...
2020.08.13 Motion to Compel Arbitration and Stay Proceedings 274
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.13
Excerpt: ...the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the action pending the completion of arbitration. The motion for an order compelling the Garcias to arbitrate the claims asserted in this action is GRANTED. Cross‐Defendant's request for an order staying the proceedings is GRANTED IN PART. The proceedings are stayed, pending the completion of arbitration, for all purposes othe...
2020.08.11 Motion to Remove Lien and Expunge Lis Pendens 254
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.11
Excerpt: ... moves for an order to remove the Claim of Lien and expunge that certain Notice of Pending Action (Lis Pendens) recorded by Plaintiff, Bowman Construction and Development, Inc. (BCD) affecting the real property commonly known as 1030 Main Street, Napa, California (Property). (Motion at 1:25‐2:4.) This action involves claims by construction contractor BCD against NVOH, owner of the Property, and its tenant in the Property, BNNV, LLC (BNNV) based...
2020.08.04 Motion for Attorney's Fees on Appeal 540
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.04
Excerpt: ...ich the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action . . . shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.” As the appellate court stated, “Napa County Code section 1.20.025 allows for prevailing party attorney's fees in civil nuisance abatement actio...
2020.08.04 Demurrer 242
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.08.04
Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Introduction Defendant General Motors LLC (GM) demurs, pursuant to Code of Civil Procedure section 430.10, to the fifth cause of action for fraud in the inducement based on intentional misrepresentation, and sixth causes of action for fraud in the inducement based on conc...
2020.07.31 Motion to Stay Action 213
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2020.07.31
Excerpt: ...d Stewart Hoffman (collectively Moving Defendants) move the Court for an order staying this action pending resolution of People v. Wysinger, against defendant Ronald Wysinger. The motion is brought on grounds that “defendant Wysinger has asserted his constitutionally protected Fifth Amendment right” and by doing so “is refusing to respond to any discovery, appear for deposition or produce evidence that is material and essential to Defendant...

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