Excerpt: ...aint "was [filed] for improper purposes relating to Sarah Solorio's exercise of her Constitutional rights, including the right to speech and the 'basic right of filing litigation.' [Citation.]" (Support Memo at 2:24-27; see also Rules of Court, rule 3.1110 ["La] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"].) A. PROCEDURAL MATTERS The moving party also failed ...

Excerpt: ...barred as a matter of law, (3) the Second3 through Sixth Causes of Action for childhood sexual assault, negligence, negligent hiring, supervision, and retention, battery, and sexual battery are barred by Government Code section 815, and (4) the complaint fails to state a cause of action against DSH under the doctrine of superior because the alleged acts of its purported employees were not within the scope of their employment. As a procedural matt...

Excerpt: ...hall be held no later than April 7, 2023, unless stipulated otherwise. Congdon shall produce, by the agreed-upon date of her deposition, the documents requested in the subpoena subject to her previously-asserted objections. Plaintiffs' request for sanctons is GRANTED IN PART. Congdon is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $2,060. Plain...

Excerpt: ...of Defendant Gene Webb's ("Defendant") financial circumstances for purposes of exemplary damages and to allow inquiry and testimony into two new defenses presented by Defendant for his failure to correct the slide condition: advice of counsel and reliance on consultant writings. The Court discusses the topics of discovery separately below. A. Discovery of Defendant's Financial Condition "No pretrial discovery by the plaintiff shall be permitted w...

Excerpt: ...dant and Cross-complainant Fultz moves for three distinct forms of relief. First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Ma...

Excerpt: ...Code of Civil Procedure sections 473 and 576, for "an order granting leave to amend their verified first amended cross-complaint to add causes of achon for breach of the contracts at issue in this litigation and for the purpose of adding certain real property as necessary and proper subject matter of this litigation." (Notice at 1-2.) Specifically, Cross-complainants argue that they are entitled to a judicial declaration of their interests in cer...

Excerpt: ... the grounds that Altamura is the prevailing party in the action and is entitled to fees pursuant to contract between the parties. "Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees." 2 (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...

Excerpt: ... costs. A. PROCEDURAL MATTERS 1. The Interests of Justce are Served by a Consideration of Defendant's Motion on the Merits "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court...must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case...." (Rules of Court, rule 3.1702, subd. (b)(l).) With exceptions not releva...

Excerpt: ...sponse to request numbers 7-11, 13, 16, 19-23, 25-25, and 32-33 within 15 calendar days of notice of entry of the present order. The Court further orders Defendant to comply with Code of Civil Procedure section 2031.280, subdivision (a), by serving on Plaintiffs, within 15 calendar days of entry of the present order, a spreadsheet identifying for each of documents 1-601 previously produced, "the specific request number to which the documents resp...

Excerpt: ...ment 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. Defendants La Tawla, LLC and BBJ Rentals Inc. move, "for an order to: (1) compel Plaintiff Ana Gaytan Garcia...to submit her individual PAGA claim to binding arbitrat...

Excerpt: ...table and/or comparative contribution, or partial or comparative indemnity or apportionment based on comparative negligence or comparative fault." (Notice of Motion at 1:26-2:4.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing pa...

Excerpt: ...ing 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 receive the required notice, regardless of whether or not moving party is present at t...

Excerpt: ... for Declaratory Relief 2 asserted in their Fourth Amended Complaint (“4AC”) filed on November 2, 2022, “interpreting paragraph 3 of the parties' 2005 water sharing agreement to mean that plaintiffs' right to take water from defendants' property pursuant to said agreement did not terminate upon plaintiffs' reconstruction of the house and renovation of the barn on their property.” (Notice at 2.) “The motion is made on the grounds that th...

Excerpt: ...ory Relief (“Petition”) filed by Plaintiff and Petitioner Discovery Homes Holding, LLC (“Petitioner”). Specifically, City moves to strike the following allegations: • Paragraph 17, p. 5, at lines 26-27: “The City has made no such findings here, and by rejecting the final map, it is disapproving the Project in derogation of the HAA.” • Paragraph 27, page 7: “The Project is a residential development subject to the protections of t...

Excerpt: ...interrogatories from Defendant's First Sets of Special and Form Interrogatories. A. LEGAL BACKGROUND “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., §2017.010; see Davies v. Super. Ct. (1984) ...

Excerpt: ...pect to the attorney's fees. A. PROCEDURAL MATTERS Defendants Kathryn Luebcke (“Luebcke”) and David Danza (“Danza”) move, pursuant to Code of Civil Procedure sections 435 and 436 for an order to strike the following portions of the amended complaint filed by Plaintiff Lan T T Nguyen (“Plaintiff”) on December 27, 2022: (1) the claims for punitive damages on page 44, line 18 to page 45, line 10 and as requested in the Prayer for Relief,...

Excerpt: ...ismissing all claims Plaintiff has asserted against Sutter Home in this action with prejudice consistent with the settlement. 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 ...

Excerpt: ...ainst Defendant on each of Plaintiff's causes of action, on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. Wells Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party movi...

Excerpt: ...5 Pickett Road, Calistoga, California (“Property”) that is the subject of the dispute between the parties (“subject hillside”). Because the matter was set by Court Order, no notice of motion was filed which would have included notice of the Court's tentative ruling system as required by Local Rule 2.9. County of Napa is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwi...

Excerpt: ...filed on August 6, 14 2021. The grounds for the motion are (1) the evidence cannot satisfy Plaintiffs' burden of showing that Defendant acted with oppression, fraud, or malice and therefore all claims for punitive damages fail; and (2) Plaintiffs have no cognizable damages and therefore the second, third, and fourth claims for continuing nuisance, permanent nuisance, and negligence fail. (Notice at 2.) The moving party failed to include in the no...

Excerpt: ...able attorneys' fees in the amount of $43,550.70. Plaintiffs 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. Plaintiffs attempted to cure this failure by providing the notice on February 22, 2023. However, this does not comply with the timing requirements under Local Rule 2.9. Therefore, Plaintiffs are directed to immediately provide, by telephone call AND email, t...

Excerpt: ...to the opposition to demurrer. However, the subject matters of the objections are exclusively passages in the opposition memorandum of points and authorities. The memorandum does not constitute evidence. (See Smith, Smith & Kring v. Super Ct. (1997) 60 Cal.App.4th 573, 578 [“[t]he matters set forth in the unverified ‘Statement of Facts' and in memoranda of points and authorities are not evidence and cannot provide the basis for the granting o...

Excerpt: ...”) First Amended Complaint (“FAC”) and Prayer for Relief on the grounds that the First and Second Causes of Action are not drawn in conformity with the Order of the Court and Plaintiff's request for punitive damages is barred by Code of Civil Procedure section 425.14. A. The Motion Regarding Punitive Damages is Granted “No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be includ...

Excerpt: ...A to permit the moving party to provide adequate notice of the hearing and file proper proof of service of such notice and the moving papers. Defendant Plough Construction, Inc. (Plough) moves for an order: 1) “determining that the settlement they have entered into was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6”; and 2) “dismissing and/or barring all pending or future complaints or cross-complaints against...

Excerpt: ...to rule on the matter. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc. §1005, subd. (b).) Where service by ...