Excerpt: ...Confidential” or “Highly Confidential – Attorneys' Eyes Only” by Defendants under the SPO, and thus those documents and any quotations or references thereto may not be publically disseminated.” (Notice of Motion at 2:27‐3:2.) The motion continues, “[t]he parties have an overriding interest in complying with the terms of the May 23, 2019 SPO….” (Id. at 3:2‐3.) Based on this reference, the Court deduces that “SPO” refers to ...

Excerpt: ...�) to show the probable validity of the claim based upon a preponderance of the evidence. (Id., § 405.32.) On June 6, 2020, the Nunns filed a notice of appeal of the January 30, 2020 judgment entered against them, the September 26, 2019 order granting Chase's motion to dismiss, and the April 3, 2020 order denying the motion for a new trial. The Nunns argue “[g]iven the errors attending the motion for new trial and the Nunns' uncontested showin...

Excerpt: ...n the case at bar, courts generally must require an undertaking, or allow a cash deposit, to cover any damages caused by the injunction. (Code Civ. Proc., §§ 529, 995.710.) When the preliminary injunction was entered, the cost of any remedial plan was unknown. The Court adopted a plan on November 1, 2 Webb has not explained why a $75,000 undertaking is appropriate. 2019, for Webb to install a new thirty‐foot long by five‐foot tall I‐beam ...

Excerpt: ...e 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 are evasive or incomplete. The Court rules...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collectiv...

Excerpt: ... shall update the Court on his plans to progress with the project. (2) PLAINTIFFS' MOTION TO QUASH TENTATIVE RULING: Plaintiffs John P. and Wanda McGill's (individually and as trustees for the McGill Family Trust 2018) motion to quash the deposition subpoena for Jim Glomb is GRANTED. The Court mentioned in its November 1, 2019 Minute Order that “Glomb should be made available to allow Webb an opportunity to explore what Glomb believes is occurr...

Excerpt: ...and Cross‐Complainant V2 Wine Group, LLC (V2), on the ground that said sixth cause of action fails to allege facts sufficient to constitute a cause of action. A. Legal Analysis A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan...

Excerpt: ... Procedure section 877.6, subdivision (a)(1), and California Rules of Court, rule 3.1382. Moving Defendants' request for judicial notice is GRANTED in its entirety. “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds am...

Excerpt: ...the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought where the gravamen of the complaint is that the “[d]efendant became intoxicated and thereafter drove a car while in that condition, despite...

Excerpt: ...ll parties, including JMC with notice of the continued hearing. JMC may file and serve, no later than August 10, 2020, an opposition or notice of non‐opposition. Petitioner and Defendant and Cross‐ Complainant Bay Area Surgical Specialists, Inc. (BASS) may each file and serve, no later than August 14, 2020, a reply memorandum addressing any issues raised in JMC's opposition. Plaintiff and Cross‐ Defendant Mindy Marquez, M.D. (Dr. Marquez), ...

Excerpt: .... 19PR000060. Constantine states in her declaration that she communicated through her former attorney that she would hand over to McMullen all vehicle titles and keys in her possession, and upon doing so, she believed “this matter would be over.” As a result, Constantine did not file an answer. The Court understands McMullen's position that the attorney may never actually have represented Constantine, but a belief she was being represented an...

Excerpt: ...and…compel[ling] enforcement of Plaintiff's Acceptance of Defendant's offer of compromise made pursuant to California Code of Civil Procedure section 998.”1 (See Motion at 2:5‐8.) A. Requests for Judicial Notice 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise noted. Defendant's Requests for Judicial Notice labeled A, B, G, H, and J are GRANTED. The Court takes judicial notice of the respective docum...

Excerpt: ...d by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Request for Judicial Notice Having considered Damron's request papers and Doe's...

Excerpt: ...otion for summary judgment is DENIED. Defendant's request for attorneys' fees is DENIED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. Plai...

Excerpt: ...or the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request Nos. 1 and 2: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 3: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June...

Excerpt: ...reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 2: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June 28, 2016, wit...

Excerpt: ...aims against CB. For the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: GRANTED. The Court takes judicial notice of the Order Confirming Debtor's and Creditor's Committee's Amended Joint Chapter 11 Plan of Liquidation, filed November 6, 2014, with the United States Bankruptcy Court, Central Dist...

Excerpt: ...e demurrer must be overruled. (Wise v. S. Pac. Co. (1963) 223 Cal.App.2d 50, 76, overruled on other grounds in Applied Equip. Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510, 521.) The rule regarding overruling complaints that are good as to any defendant does not apply to a general demurrer because a defendant may raise at any time the defect that a plaintiff has not stated facts sufficient to constitute a cause of action. (Majestic ...

Excerpt: ...tion and Plaintiff's motion to seal re: reply in support of motion to change designation of various records, Plaintiff is encouraged to file a single set of supplementary documents addressing both motions. Plaintiff Merryvale Vineyards LLC moves for an order sealing certain portions of the moving papers filed in support of its Motion to Change Designation of Various Records, on the grounds that, “the documents attached to the Vorhis declaration...

Excerpt: ... alternative, for summary adjudication of each of the five causes of action asserted through the Complaint on the ground that there is no genuine issue as to any material fact and each cause of action lacks merit. For the reasons set forth herein below, the motion is DENIED. A. Background This case arises out of a so‐called business‐divorce dispute between Defendant wine producer and Plaintiff wine wholesaler. The parties are in accord that, ...

Excerpt: ...otion at 1:22‐24.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists ...

Excerpt: ...sponses. The initial responses were instead verified by her counsel. Plaintiff's counsel provides in his declaration in opposition to the current motion that defendants subsequently were served with plaintiff's verifications. (Spohn Decl., ¶ 4.) The court anticipated there might be issues with the initial responses when it noted in its February 27, 2020 Order that because it had “no information as to the adequacy of the responses, it believe[d...

Excerpt: ...l notice of that certain Complaint, filed October 17, 2016, with the United States Bankruptcy Court, Central District of California, Santa Ana Division in Case No. 8:16‐bk‐14186, but not for the truth of matters asserted therein. Request No. 6: GRANTED. The Court takes judicial notice of the Request for Dismissal filed December 20, 2017, in the instant action. Request No. 7: GRANTED. The Court takes judicial notice of the Second Amended Compl...

Excerpt: ...substantial risk of serious financial or other injury if disclosed, and must be sealed in the court's record pursuant to California Rules of Court, Rules 2.550 and 2.551.” (Motion at 2:4‐10.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists...

Excerpt: ...s managers, members, employees, agents, contractors and invitees from accessing Frostfire's property via the existing driveway at 1575 Los Carneros Avenue; and, (b) erecting any barriers or obstacle of any kind upon said driveway. Frostfire moves on grounds that failure to enjoin the subject activities will result in irreparable injury to Plaintiff, and further that no harm to Defendant would result from granting the motion. A. Procedural History...

Excerpt: ...cedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collective...

Excerpt: ...ision (d). (Notice of Demurrer and Demurrer at 2:2‐4.) Respondents next assert that decisions made by Harris and Sandoval are not final administrative orders or decisions for purposes of a writ of mandate pursuant to Code of Civil Procedure section 1094.5. (Id. at 2:5‐8.) Finally, Respondents assert that decisions made by Harris and Sandoval are subject to other plain, speedy and adequate remedies in the ordinary course of law, precluding the...

Excerpt: ...l date sufficiently in the future to take deposition discovery and bring a motion for summary judgment. The motion is, in essence, a motion for reconsideration of the Court's September 26, 2019 decision on the motion to dismiss. The Nunns are seeking to promote waiver and/or estoppel to support further arguments regarding the deadline to bring the case to trial after the remittitur. These arguments are based on facts available to the Nunns and sh...

Excerpt: ...hree calendar days after the submission of Hellman's counsel's trial to the jury or a date thereafter agreeable to the parties. Hellman shall appear, provide testimony, and produce documents at that time. If after taking the deposition more time is needed for discovery related to information learned at the deposition, the parties can discuss whether entering into a stipulation to extend the discovery cut‐off date would be appropriate. The Court...

Excerpt: ...s about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.” (See's Candy Shops, Inc. v. Super. Ct. (2012) 210 Cal.App.4th 889, 900.) The Court is sympathetic to Defendant's complaints regarding the burden stemming from Plaintiffs' counsel's election to submit, as evidence in opposition to the underlying motion for summary judgment, interrogatory responses, rather than preparing and filing – or at...

Excerpt: ...d code‐compliant initial responses, without objections, within 10 calendar days of service of notice of entry of order. Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“T...

Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...

Excerpt: ...ative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant First American Title Insurance Compan...

Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...

Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...

Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...

Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...

Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...

Excerpt: ... causes of action is also sustained as to Plaintiff Khan. Defendants' Request for Judicial Notice is GRANTED IN PART. A. Introduction Defendants Fay Servicing, LLC (Fay), and Wilmington Trust, National Association (Wilmington), (collectively Fay Defendants) demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e), 430.30, subdivision (a), and 430.50, subdivision (a), to the TAC1 . This action involves claims for violations of t...

Excerpt: ...er. Ct. (2003) 110 Cal.App.4th 1273, 1283‐84.) However, “there must be substantial prejudice to an overriding interest if the document[ ] is made available to the public.” (Ibid.) As deftly stated in Huffy, supra, 112 Cal.App.4th at p. 107: “Much of the settlement agreement is routine verbiage which appears in most settlement agreements. Further, the settlement agreement has a specific provision that if disclosure is required by a court o...

Excerpt: ... second complaint. Plaintiff added the moving defendants as individual defendants in this action. Venue is based on the allegation that the agreements were made in Napa County and plaintiff's principal place of business is in Napa County. (Second Amended Compl., ¶ 10.) There are no allegations regarding venue as to the individual defendants. The addition of the individual defendants impacts venue as it limits the wide choice of venue permitted i...

Excerpt: ...orter fees is unnecessary. According to Throop, court reporter fees are permitted as established by statute. (See Code Civ. Proc., § 1033.5, subd. (a)(11).) The rate of $55 per day under Government Code section 69948 should apply. The Court need not reach this argument because Caymus presents evidence the parties agreed to “split 50‐50” the costs for a court reporter and thereby agreed that the rate charged was acceptable. (Miller Decl., �...

Excerpt: ...otion for summary judgment is GRANTED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. B. Plaintiff's Objections to Evidence Objection No. 1 ...

Excerpt: ... 15, 2020. Based on that Notice of Errata, the Court accepts and considers the Amended Declaration of Paula Maietta filed January 23, 2020 (Maietta Decl.). Plaintiff's objection number 2 to the Declaration of Paula Maietta is OVERRULED. Defendant Noble House NVWT, LLC (NVWT) petitions the Court, pursuant to Code of Civil Procedure section 1281.2, and 1281.4, for an order to compel arbitration and stay the action as to Plaintiff Jonathan Vaughan. ...

Excerpt: ... to set aside default is GRANTED. The Clerk's Default Judgment entered against Defendant Myrian McIntosh on January 02, 2020, shall be set aside, and the writ of possession issued thereupon on January 02, 2020 is hereby recalled and of no further force and effect. Defendant's demurrer, attached as Exhibit C to the Declaration of Selwyn Whitehead in Support of Ex Parte Application is deemed filed as of the date of this hearing. The Court sets Defe...

Excerpt: ...thwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Factual Background The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to provide any health care item or servic...

Excerpt: ...7c, subdivision (a)(3). Defendant did not object to the hearing date, and fully briefed the substance of the motion. Therefore, if Plaintiff, either prior to or at hearing on the matter, is able to present the Court with good cause as to why the matter should be heard less than 30 days prior to the Trial Management Conference: The motion will be GRANTED; Plaintiff shall prepare and file a Proposed Order and Judgment consistent herewith, approved ...

Excerpt: ...9CV001491 • Oaks, et al. v. Wysinger, et al. – Case No. 19CV001503 As a preliminary matter, the Court cautions Defendant V. Sattui regarding its misrepresentation of the Court's Minute Order of December 20, 2019. That order states, in part, as follows. “[I]t appears from the holding in [Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1472] that the Court is without authority to consolidate the small claims matter, Case No. 19...

Excerpt: ...st. 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, in person or by CourtCall, unless it is confirmed that no party req...

Excerpt: ...and the right to sue letter that were attached as exhibits to the second amended complaint. Berry's request for judicial notice is GRANTED IN PART AND DENIED IN PART. The request is granted as to his governmental tort claims (exhibits A‐B). The request is denied as to the Commission on Teacher Credentialing letter (exhibit C), the printout from a webpage (exhibit D), and an email (exhibit E). These items are not the proper subject of judicial n...

Excerpt: ... ruling system as required by Local Rule 2.9. Petitioner/counsel is directed to contact the Respondent 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 Petitioner/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Petitioner BNNV LLC petitions the Court, pursuant to Civil Code ...

Excerpt: ...e claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources. The prevailing party determination is to be made only upon final resolution of the contract claims and only by ‘a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.'” (Hsu v. Abbara (1995) 9 Cal.4th 863, 876, quoting Bank of Idaho v. Pine Avenue Associates (1982) 137...

Excerpt: ...fendants”) to indemnify BTC. (See Notice of Motion and Motion at 2:19‐22.) The motion is DENIED. A. Evidentiary Objections IGS and IDF each, separately, object to the evidence referred to as, “Reliant's March 12, 2019 Cost Breakdown” submitted by BTC at Exhibit J to “Evidence in Support of Bruce Tucker Construction, Inc.'s Motion for Summary Judgment.” The objections are SUSTAINED. The proffered document is not properly authenticated....

Excerpt: ...ng, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant Wagner & Bonsignore Consulting Civil Engineers' motion for good faith settlement under Code of Civil Procedure section 877.6, subdivision (a)(2), is DENIED. (TechBilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) The proposed settlement payment of $65,999 is not proportionate to defendant's liability for damages alleged to ex...

Excerpt: ...or the child while defendant paid the mortgage. She even states in her deposition that they were not married, “but we were living as a married couple.” Although defendant may contest this deposition testimony, the claims appear objectively reasonable based on this evidence. Thus, the Court cannot conclude that the pleading was brought for an improper purpose or is indisputably without merit, either legally or factually. The case is not frivol...

Excerpt: ...2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. On December 16, 2019, Plaintiffs filed a document entitled, “Plaintiffs' Motion for Reconsideration Nunc Pro Tunc, in which Plaintiffs, “request the Court enter as filed Plaintiff's Motion for Rec...

Excerpt: ...ween April, 2017, and March, 2018. (See Complaint at Attachment 1.) Many, though not all, of these allegations supported a Request for Domestic Violence Restraining Order made by Plaintiff in the family law case captioned Napa Superior Court case number 18FL000288. (See Request for Domestic Violence Restraining Order, filed March 23, 2018 in Napa Superior Court case number 18FL000288 (RDVRO).1 ) The Court issued a Restraining Order After Hearing ...

Excerpt: ...xpert witness declaration. Specifically, Individual Defendants seek to expand the scope of opinion of their previously disclosed expert Steven Walker from information described in Defense Counsel's declaration as “customs, practice and standards relating to recruiting directors, officers and employees between competitors in the California title and escrow industry,” to include: (1) the reasonableness of plaintiff's efforts to mitigate its all...

Excerpt: ... complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima‐facie showing of the nonexistence of any triable issue of material fact. (Id. at p. 850‐51.) If the party carries this burden, there is a shift and the opposing party is then subjected to a burden of production to make a prima‐facie showing. (Ibid.) Through her Complaint, Plaintiff asserts causes of action for medical professional ...

Excerpt: ...UDICE IN PART. The motion is granted as to the interrogatories and the document requests. The motion is denied without prejudice as to the request for admissions. Respondent Liberty Mutual Insurance shall serve verified code‐compliant further responses, without objections, within 10 calendar days after petitioner's deposition on January 20, 2020 (regardless of whether it occurs or is rescheduled). Respondent served initial responses stating dis...

Excerpt: ...g, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff Pacific Gas and Electric Company (PG&E) moves for an order for prejudgment possession of certain property in eminent domain under Code of Civil Procedure section 1255.410. PG&E seeks to acquire a permanent easement of 1.40 acres for the installation and maintenance of the liquid natural gas (LNG) injunction site across the real property designated...

Excerpt: ...ject Property).1 Defendant Javier Cuevas is one of the co‐owners of the Subject Property. At some point during the ride, Plaintiff unknowingly passed onto neighboring property where he rode into a single strand of barbed wire that had been strung across the trail he was on. Plaintiff suffered severe injuries as a result. The following facts are also undisputed. As of the date of the accident, Cuevas had never met Plaintiff, never spoken to Plai...

Excerpt: ...ground 1 It appears that the judicial council's reference to demands of more than $1,000 relates to Code of Civil Procedure section 431.40. That section is not, however, relevant here because Defendant's pleading is an Answer to the complaint for breach of contract. On September 10, 2019, the Court continued the matter because the parties did not comply with Local Rule 3.3 requiring courtesy copies of all documents in excess of 15 pages, which we...

Excerpt: ...y Local Rule 2.9. Plaintiff's counsel is directed to contact Defendant forthwith and advise Defendant of Local Rule 2.9 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendant prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Local Rule 2.9. Although Plaintiff's motion is capt...

Excerpt: ...el shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 2.9. Defendant JPMorgan Chase Bank N.A. moves to dismiss this action under the mandatory provision requiring dismissal for failure to bring the case to trial within the prescribed statutory time period. Plaintiffs Gerald L. Nunn and Judith L. Nunn oppose (collectively, the “Nunns”). A. M...

Excerpt: ...g and prosecuting the action. Plaintiff presents evidence that it has incurred $28,182 in attorneys' fees. The Court finds that such amount is reasonable, in light of the nature of the case, and the skills and experience of Plaintiff's attorneys. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff's counsel is directed to contact Defendant's counsel forthwith and advise Defe...

Excerpt: ...r a preliminary injunction. Thus, there is some question regarding whether the notice is proper. (See Code Civ. Proc. § 1010; Cal. Rules of Court, Rule 3.1110, subd. (a).) The body of the Memorandum section of the same document, however, discusses the propriety of an injunction under Code of Civil Procedure section 526, subdivision (a)(2), (Plaintiff's Ex Parte Application, filed June 25, 2019 (Application) at 13:9‐13.) Defendant, through its ...

Excerpt: ...Judicial Notice Defendants' Request for Judicial Notice is GRANTED in part. The Court takes judicial notice of the following: (A) Petition and Complaint filed January 15, 2019, in the matter of Hall Vineland, LLC et al. v. City of St. Helena, et al., in Napa County Superior Court Case No. 19CV000093, but not for the truth of the matters asserted therein; (C) Plaintiffs' Request for Dismissal of the Complaint in Napa County Superior Court Case No....

Excerpt: ...e‐trial issues. In accord with that order, defendant filed a consolidated demurrer. Plaintiffs Theodore Joseph Shushereba (successor in interest to the Estates of Jennifer Gonzales Shushereba and Cecilia Rose Shushereba and in his personal capacity), Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), Donald Loeber and Marie Loeber, and Michael Gonzales and Kathleen Gonzales each filed separate oppositions. The var...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants' counsel is directed to contact Plaintiffs' counsel forthwith and advise Plaintiffs' counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiffs' counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel ap...

Excerpt: ...otion as being made against the amended answer filed on August 6, 2019, not the original answer. Because the notice of motion states judgment on the pleadings is sought as to the entire amended answer, the motion may be denied if any defense is alleged. (See Fire Ins. Exch. v. Super. Ct. (2004) 116 Cal.App.4th 446, 452.) Defendant Gene Webb denied each allegation in the complaint. A general denial is effective to controvert all material allegatio...

Excerpt: ... shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant County of Napa demurs to the pleading on the ground it does not comply with the California tort claims requirement. This is not a statutory ground for a demurrer under Code of Civil Procedure section 430.10. The Court, however, has construed the demurrer as being brought un...

Excerpt: ...If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Background Defendants Kay Pacey and Kay Pacey Insurance Services, Inc. move for summary judgment pursuant to Code of Civil Procedure § 437, subdivision (c). Defendants are insura...

Excerpt: ...cal Rule 2.9 and the Court's tentative ruling procedure. If defendant's counsel is unable to contact plaintiff's counsel prior to the hearing, defendant's counsel shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant Leticia Perez Rodriguez's motion to compel plaintiff Jefferson De Azevedo's further deposition pursuant to Code ...

Excerpt: ...Demurrer of Defendant Queen of the Valley Medical Center (QVMC) is OVERRULED. QVMC shall file its answer within 10 calendar days of service of notice of entry of order. (Rules of Court, Rule 3.1320, subd. (g).) 1 Mathfallu has complied with the July 9, 2019 Order by paying the monetary sanctions, even though it was paid by a third‐party company Mathfallu controls. The Court is unaware of any authority that this is improper for purposes of compl...

Excerpt: ...thin 30 days of notice of entry of this order. (Code Civ. Proc. § 438, subd. (h)(2).) The timely filed notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9.3 Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise Plaintiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prio...

Excerpt: ...supplemental responses provide approximations, but not precise responses. The Court agrees that, because this information is within the exclusive control of Plaintiffs, and is relevant to issues raised in the litigation, Defendants are entitled to precise answers. Plaintiffs are directed to provide, within 10 days of notice of entry of the present order, additional responses, which include specific amounts to the best of each Plaintiff's ability ...

Excerpt: ...ntiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If defendants' counsel is unable to contact plaintiff's counsel prior to the hearing, defendants' counsel shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendants Kay Pacey and Kay Pacey Insurance Services, Inc.'s motion for terminating sanctions is DEN...

Excerpt: ... Plaintiffs to separately respond to, discovery requests would be inefficient and unduly burdensome. The Court notes Defendants' apparent willingness to jointly propound Form Interrogatories and Discovery requests relating to damages. The Court appreciates the parties' meet and confer efforts. The Court would like to hear from the parties, through additional briefing, on whether there are other subject areas (e.g. Plaintiff's employment history a...

Excerpt: ...ounsel shall be available at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant's demurrer to the first cause of action for violation of Propositions 13, 62, and 218 – California Constitution, Articles 13A, 13B, and 13C on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs seek a refund of all fees defe...

Excerpt: ...ed‐for component of a specific high‐priced menu item.”) When those allegations were made, there was no law clarifying whether section 25980 banned the provision of foie gras as a bargained‐for component of a specific high‐priced menu item. And since the complaint alleges that Chef Frank was outspoken about the law and predicted it would drive sales underground, and his practices were similar to what a different chef described as a way �...

Excerpt: ...on does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant's counsel is directed to contact Plaintiff's counsel forthwith and advise plaintiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaint...

Excerpt: ...e petition was filed. This petition, however, also seeks an injunction barring future actions/decisions. On that basis, the Court believes the later evidence is relevant and properly included and the motion to limit the scope is, therefore, DENIED. That being said, the Court does not believe a granting of the motion would have had any impact on its decision on the underlying petition. [2] PETITION FOR WRIT OF MANDAMUS Tentative Ruling: Petitioner...

Excerpt: ...ision (a)(2), which provides for an injunction “[w]hen it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.” (Ex Parte Application, filed July 24, 2019 (Application) at 4:4.) However, the Memorandum of Points and Authorities section of the Application argues that an injunction is appropriate pursuant to Cali...

Excerpt: ...able at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant State Farm General Insurance Company's demurrer to the fourth cause of action for concealment and fifth cause of action for negligent misrepresentation on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs Emily Cocks and Andrew Skolnick have not ...

Excerpt: ...Rules of Court, rule 3.1700(a).) To be recoverable, costs must be reasonable in amount and reasonably necessary to the conduct of litigation. (§ 1033.5, subd. (c)(1)‐(3).) If the items listed in the memorandum of costs appear proper on their face, then the verified statement is prima facie evidence of their propriety. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267; Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 2...

Excerpt: ... of Local Rule 2.9 and the Court's tentative ruling procedure. If ExxonMobile's counsel is unable to, or elects not to, contact any such counsel prior to the hearing, ExxonMobile's counsel shall be available at the hearing, in person or by telephone, in the event other counsel appears without following the procedures set forth in Local Rule 2.9. On May 13, 2019, ExxonMobile propounded written discovery on Plaintiffs. ExxonMobile asserts that Plai...

Excerpt: ... Local Rule 2.9 and the Court's tentative ruling procedure. If Chase Products, Co's counsel is unable to contact any counsel prior to the hearing, Chase Products, Co's counsel shall be available at the hearing, in person or by telephone, in the event other counsel appears without following the procedures set forth in Local Rule 2.9. [2] DEFENDANT PACKAGING SERVICE CO.'S DEMURRER TENTATIVE RULING: Defendant Packaging Service Co.'s demurrer is OVER...

Excerpt: ... demurrer are stated in the notice. (Code Civ. Proc., § 1010.) Defendants' demurrer to the first amended complaint on the ground of uncertainty [Code Civ. Proc., § 430.10, subd. (f)] is OVERRULED. Defendants' demurrer to the first cause of action for breach of the implied contract of continued employment and second cause of action for breach of the implied covenant of good faith and fair dealing on the ground of uncertainty is OVERRULED. The Co...

Excerpt: ...as moot. Cross‐Defendant J. Stanley Teixeira is directed to submit to this court, within seven (7) days of service of the minute order, a proposed judgment dismissing the third‐party cross‐complaint of Oscar Luna. Explanation: The third‐party cross‐complaint filed by Cross‐Complainant Oscar Luna (“Luna”) raises causes of action: (1) abuse of process, (2) intentional infliction of emotional distress, (3) negligent infliction of emo...

Excerpt: ...dants did not defend their objections in their opposition, all objections are not substantiated, and thus are overruled. (Fairmont Ins. Co. v. Super. Ct. (2000) 22 Cal.4th 245, 254.) The Court fails to see how the attorney‐client privilege or the work product doctrine apply as the interrogatory only seeks facts based on defendants' personal knowledge. A further response from each defendant is warranted because defendants did not provide the inf...

Excerpt: ...solidation of these matters would promote judicial economy in light of the fact that all four cases involve the same tragic incident, with a significant overlap of evidence and witnesses. Because plaintiffs Theodore Shushereba and Ceclia Rose Shushereba allege defendant Pathway Home is liable on account of failures on the part of their employees who happen to be two of the decedents in the related matters, the Court would consider a future motion...

Excerpt: ...ers, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, 852, citing Munoz v. Davis (1983) 141 Cal. App. 3d 420, 425.) “Generally, it is based on a duty owed to the underlying plaintiff[.]” (Id.) Defendant/cross‐complainant Bruce Tucker Construction Inc. (“BTC”) alleges Ryan and Delta Consulting and Engineering of St. Helena (“Delta”) entered into a contract to provide design services related to the construction of ...

Excerpt: ...el shall be available at the hearing, in person or by telephone, in the event defendants' counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs Joanne Strickland and Clean! The Series, LLC's motion for a preliminary injunction is GRANTED. Plaintiffs seeks an order restraining defendants Lil' Wave Financial, Inc. dba Superior Loan Servicing (“Loan Servicing”), Mark Capalongan, Sandra Capalongan, Jimmy Hui, Ji...

Excerpt: ...issions are deemed admitted by defendants. (Code Civ. Proc., § 2033.280, subd. (b).) Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“The notice of motion must contain a r...

Excerpt: ...Defendant insurance agent/broker (Samrick) and Defendant insurer (State Farm) for damages arising out of the destruction of their home by fire. The Second Amended Complaint represents Plaintiffs' third attempt to allege a cause of action for breach of fiduciary duty. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pl...

Excerpt: ... upon any party misusing the discovery process, including terminating sanctions consisting of an order striking the party's pleading. (Code Civ. Proc. § 2023.030, subd. (c).) If a party fails to obey an order compelling further response to interrogatories, “the court may make those orders that are just, including the imposition of…a terminating sanction….” (Code Civ. Proc. § 2023.030, subd. (d).) In lieu of, or in addition to, that sanc...

Excerpt: ... as a result of exposure to defendants' allegedly toxic products during Mr. Valva's career. Defendant Sherwin Williams Company (SWC) demurs to Plaintiffs' Complaint on the ground that it fails to state facts sufficient to sustain the fourth cause of action for fraudulent concealment. Specifically, SWC asserts that, “the Complaint contains no factual allegations of any fiduciary relationship, transaction, or even communication or contact between...

Excerpt: ...loyee's job performance or opportunity for advancement in his or her career.” (Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1054.) In making this determination, the terms and conditions of employment “must be interpreted liberally and with a reasonable appreciation of the realities of the workplace.” (Ibid.) The gist of Plaintiff's allegations in this case is that her assignment requests were denied in favor of a newly hired teache...

Excerpt: ...ction or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) In order to recover costs, the prevailing party is required to file and serve a Memorandum of Costs. (Cal. Rules of Court, rule 3.1700(a).) To be recoverable, costs must be reasonable in amount and reasonably necessary to the conduct of litigation. (Code Civ. Proc. § 1033.5, subd. (c)(1)‐(3).) If the items listed in the Memorandum of Costs appear proper on their face, then the verif...