Excerpt: ...covery, without objection, and remit payment in the amount of $540 as monetary sanctions to Defendants, care of their attorneys of record, within 10 calendar days of notice of entry of the present order. 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 miss...

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. Defendant FCA US LLC (FCA) moves for an order compelling arbitration and staying the action, "based on the Arbitration Provision included in the Sales Contract agre...

Excerpt: ...llege facts sufficient to state a claim and further fails to plead standing to assert the claims against Defendant. Defendant demurred to the original complaint on these same grounds. The Court sustained that demurrer by Minute Order of February 1, 2023 (2/1 Order). Thereafter Plaintiff filed the FAC. As with the first demurrer, while Defendant— through the Notice — suggests two independent grounds for demurrer, the arguments advanced through...

Excerpt: ... 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 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: ..."If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court ...

Excerpt: ...ined against them. Defendants so move on grounds that the Court lacks jurisdiction over Defendants because the substituted service was not properly effectuated which resulted in Defendants lacking actual notice of the action. In the event that the Court finds that substituted service was properly effectuated, Defendants alternatively move for the Courtto exercise its equitable powers and set aside the default and default judgment on grounds that ...

Excerpt: ...e 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 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 represent...

Excerpt: ...to produce responsive documents and to serve supplemental and/or amended responses to Request for Production of Documents, Set 2 (Subject Discovery)l . Czap so moves on grounds that Plaintiffs have failed to serve proper responses to the Subject Discovery. Finally, Czap moves, pursuant to sections 2023.010, 2023.030, and 2031.320, for an award of monetary sanctions against Wang in the sum of $13,487.50. The moving party failed to include in the n...

Excerpt: ...edure, section 430.41, subdivision (b); and whether they may assert a novel argument in support of their demurrer to the sixth cause of action for wrongful death, as discussed below. Plaintiff is granted leave to serve and file, no later than June 8, 2023, a supplemental opposition addressing the same issues and/or DSH's arguments thereon. A. PRELIMINARY MATTERS Defendant California Department of State Hospitals ("DSH") demurs to each cause of ac...

Excerpt: ... 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 Gino Bartalotti and Christopher Bartalotti move for an order setting aside judgments entered in fawr of Plaintiff Gordon Flesch Company in this action on the grounds of "improper a...

Excerpt: ...erence date, and all related pre- trial dates, on grounds that a new Plaintiff has recently been added to the case, Plaintiffs recently filed a Third Amended Complaint, and Plaintiff Todd Wentzel recently testified, at deposition, that he is seeking damages in the form of lost wages which testimony is purportedly inconsistent with earlier discovery responses. The Court has a statutory "responsibilityto eliminate delay in the progress and ultimate...

Excerpt: ...other portions of the SAC. Plaintiffs are granted 10 days' leave, from notice of entry of the present order, to amend the SAC forthe exclusive purpose of supporting a claim for punitive damages. Defendants David John Campbell, Jr. Bradford Stapleton and We Care Pest Solutions, Inc. move, pursuant to Code of Civil Procedure Sections 435 and 436, "to strike the prayer for punitive damages, and all references thereto, from the Second Amended Complai...

Excerpt: .... The demurrer to each cause of achon is brought pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant further contends that the third cause of action, for wrongful termination in violation of public policy, fails, in part, based on the sham pleadings doctrine. Defendant previously demurred to each of Plaintiffs original Complaint and First Amended Complaint (FAC). Each of these demurrers was sustained by the Court with l...

Excerpt: ...g. (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. 5436.) The matters Defendants object to fall into two categories: (a) allegations regarding Robert Mueller's role in Zinfandel, LLC and Plaintiff's alter ego theory of liability (Notice of Motion at 2:4-14); and (b) allegations relating to Plaintiff's prayer for attorneys' fees (...

Excerpt: ... 1:25-27.) The Court appreciates counsel's efforts at resolving what can fairly be described as a conundrum. However, the Court is unpersuaded that Code of Civil Procedure section 473, subdivision (b) provides authority for such resolution. The section of the statute relied upon provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding t...

Excerpt: ...ious Diseases at the time of mutual and simultaneous exchange of expert witness information"; (b) "the need for the Augmented Witness List was recently discovered based on the deposition testimony of non- retained experts"; and (c) "Plaintiff will not be prejudiced by the proposed Augmented Expert List." (Motion at 1:21-2:2.) The conditions for granting leave to augment an expert witness list are prescribed by statute. (See Code Civ. Proc„ S 20...

Excerpt: ...oper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 rece...

Excerpt: ... Strata demurs, pursuant to Code of Civil Procedure section 430.10, subdivisions (a), (b), and (e), to the Fourth Cause of Action for Negligence and Fifth Cause of Action for Breach of Contract asserted in Galleron's Complaint filed February 23, 2023. The grounds for the demur are that these causes of action are barred by the statute of limitations and fails to state facts sufficient to constitute a cause of action. The moving party failed to inc...

Excerpt: ...r her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., S 473, subd. (bj.) 3 Plaintiffs designated the case as complex upon filing and Defendants agree with that designation. (See Opposition at 12:9-14.) As Defendants assert, the Court confirmed the complex designation before all parties at the end of the...

Excerpt: ...Movants) move, pursuant to Code of Civil Procedure section 437c, for summary judgment on the Cross-complaint filed by Karim P. Allana, or in the alternative summary adjudication on each of the four causes of action asserted against movants therein. The motion is made on grounds that there are no triable issues of material fact as to any of the causes of achon asserted through the Cross-complaint. A. PROCEDURAL MATTERS The Cross-complaint purports...

Excerpt: ...time is GRANTED IN PART. Plaintiffs and Defendants are directed to meet and confer in faith with the Deponents to schedule the first seven (7) hours of their depositions on a mutually- agreeable date no later than May 10, 2023. While the Court believes it would be more efficient to depose Ms. Rodgers first, it declines to order this. The party that subpoenaed the Deponents, in this case Defendants, shall begin the depositions, unless otherwise ag...

Excerpt: ... (Notice of Motion at 1:22-25.) Following multiple rounds of briefing, Reliant fails to explain exactly what the requested "enforcement" would entail. There is no proposed order on file. There appears in the moving papers and supplemental briefs no specific request for an order mandating or prohibiting any action by any party (or the Special Master). Moreover, given that the parties have, both explicitly and by implication, agreed to a significan...

Excerpt: ...Investors LLC (collectively, "Plaintiffs") move, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing certain documents and portions of documents which Defendant Interstate Fire & Casualty Company ("Interstate") conditionally filed under seal on March 23, 2023 in opposition to Non-party Marsh USA's ("Marsh") Motion for Protective Order (filed on February 22, 2023 and withdrawn on March 30, 2023 prior to the April 5, 2023 hearin...

Excerpt: ...CE REQUIRED to set a hearing date and briefing schedule for both motions. As noted in the Court's April 18, 2023 Minute Order, all discovery proceedings are stayed until notice of entry of an order ruling on Plaintiffs anti-SLAPP motion. [3] MOTION TO STRIKE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 TENTATIVE RULING: The motion is DENIED. A. Procedural Matters Cross-Defendants County of Napa ("County") and David Morrison and Akenya Robin...

Excerpt: ...e of entry of the present order. As to the "Alter Ego Requests" (defined below), within 15 calendar days of notice of entry of the present order, Cross-Defendants shall produce copies of all responsive documents, withholding only those that it contends are, in their entirety, subject to one or both of the objections discussed herein, and redacting those that are partially subject to one or both of the objections. Cross-Defendants shall, within th...