Excerpt: ...ings in Plaintiff's favor “against Defendant” and for an award of costs on the grounds that Plaintiff's Complaint states facts sufficient to constitute a cause of action against Defendant and that based on the Court's order deeming facts admitted, Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of Plaintiff's Compla...

Excerpt: ...OSITION OF DUNCAN MACKENZIE MILLER TENTATIVE RULING: The motion is GRANTED IN PART. Let a protective order issue staying the deposition of Plaintiff Duncan Mackenzie Miller until May 9, 2022. The matter is also CONTINUED to May 4, 2022, at 8:30 a.m. in Dept. B for further hearing. To the extent that Plaintiff wishes to seek a further delay in the Deposition past the May 9, 2022 date, he shall, no later than April 26, 2022, file and serve a brief ...

Excerpt: ...no proof of service of the motion on Crestbrook Insurance Company. Crestbrook Insurance filed no opposition. “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.) Moreover, the issues raised through the motion appear to be MOOT. According to the Notice of Motion, “Duncan Mackenzie Miller will...

Excerpt: ...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”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Petitioner failed to file a formal notice of motion. Nonetheless, the Court makes every reasonable effort to construe the ope...

Excerpt: ...he depositions of defendants Dennis Whitfield, M.D. (Dr. Whitfield) and Gansevoort Dunnington, M.D. (Dr. Dunnington) (collectively, Defendants) and compelling Defendants to appear for deposition no later than April 29, 2022. 3 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND emai...

Excerpt: ...ts also notice the motion as one for summary judgment on defendant City of Napa's (City) cross‐complaint on the ground that Defendants are not jointly and severally liable to Plaintiff “upon this Court's granting of the moving Defendants' summary judgment as to [Plaintiff].” (Notice at 2:10‐14.) 6 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 dire...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. The motion...

Excerpt: ...orneys' fees incurred in bringing the motion. The proof of service of Plaintiff's motion indicates that Plaintiff provided notice only to Defendant and not Defendant's attorney of record, Buchalter. (See also Supplemental Declaration of Steven Bleasdell, ¶ 2.) Moreover, the proof of service of Plaintiff's underlying discovery requests made pursuant to Code of Civil Procedure sections 708.020 and 708.030 indicates that Plaintiff served the reques...

Excerpt: ...es her water from the City of St. Helena. She can be fair and impartial in this matter. The motion is DENIED. Plaintiff moves the Court, pursuant to Code of Civil Procedure sections 187 and 1048, for an order consolidating “for pretrial purposes” the action with the action entitled Water Audit of California v. the City of St. Helena, et al., pending as case number 21CV000859 before the Court, on the grounds that both cases involve the same qu...

Excerpt: ...eged pursuant to Civil Code section 47, subdivision (b); (2) the alleged defamatory statements are privileged based on Plaintiff's consent to their publication; and (3) Hearn suffered no damages. A. PG&E'S EVIDENTIARY OBJECTIONS PG&E's evidentiary objections suffer, generally, from a degree of uncertainty. Each written objection is required to “quote or set forth the objectionable statement or material....” (Rules of Court, rule 3.1354, subd....

Excerpt: ...h. Third Street further moves, pursuant to Code of Civil Procedure section 368.5, for an order granting leave for Third Street to be substituted in place of Syar for purposes of Syar's affirmative claims against Defendants RLM Construction Services, Inc. (RLM) and Michael Reyes (Reyes). Third Street's request for judicial notice of the Court filings in this case (Exhibits 1‐4) is GRANTED but not for the truth of the matters asserted therein. I....

Excerpt: ...endant) served on SafeWay Psychological Services (SafeWay). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (3) the subpoena is vague, ambiguous, overbroad, and not reasonably calculated to lead to the disc...

Excerpt: ...ions thereto are without merit. Finally, plaintiff seeks monetary sanctions against Defendant in the amount of $1,860.00. Plaintiff acknowledges that, subsequent to Plaintiff's filing of the instant motion, Defendant produced additional responses to the subject discovery.4 (See Reply at 2:4‐6, 3:11‐ 13.) The Court shares Plaintiff's frustration at the waste of time and effort necessitated by Defendants' failure to provide the supplemental res...

Excerpt: ...position subpoena. Moreover, that Declaration did not include any of the purported exhibits thereto. On March 8, 2022, The Court published a Tentative Ruling in advance of the original hearing date on the motion. That Tentative Ruling identified the evidentiary deficiencies described above. On March 11, 2022, Plaintiff filed a document captioned “CORRECTED DECLARATION OF STEVEN H. KUHN, ESQ. IN SUPPORT OF MOTION FOR ORDER COMPELLING DEPONENT MA...

Excerpt: ...n settlement than he would if he 6 were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.” (Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) However, a party objecting that a settlement lacks good faith...

Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who re...

Excerpt: ...IN PART. Plaintiff shall serve, within 10 days from notice of entry of the present order, verified supplemental responses to special interrogatory nos. 4‐6 and request for production of documents nos. 1 and 3 in accordance with the discussion below. Defendant argues that the unverified responses to special interrogatory nos. 4‐6 are not complete and straightforward pursuant to Code of Civil Procedure sections 2030.210 and 2030.220, subd. (a)....

Excerpt: ...tion for summary adjudication is DENIED in all other respects. The motion for summary judgment is also DENIED. A. PROCEDURAL MATTERS QVMC and SJH move, pursuant to Code of Civil Procedure, section 437c, for summary judgment against Plaintiff David Wayne Edwards, Jr. on three grounds: (1) QVMC nurses did not breach the standard of care; (2) QVMC and SJH owed no duty to protect Plaintiff from the negligence of treating physicians because those phys...

Excerpt: ...ued as a shareholder without the minimum legal requirements of showing he controlled and participated directly in the alleged wrongful conduct”; (2) “there is no legal duress, no wrongful acts (allegations of actions/inaction) – essential elements of a Financial Abuse cause of action”; and (3) “[the third cause of action] relies on inadmissible and uncorroborated storytelling to contradict a fully integrated contract.” (Notice at 2.) ...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. [2] RO AND...

Excerpt: ...he following facts appear to be uncontested. From in or around 2016 until March 2017, Plaintiff, as an independent contractor, provided project management services to Defendant relating to the development of a “state of the art equestrian facility and new horseback trail riding business.” (FAC at ¶ 10.) In March 2017, Defendant employed Plaintiff full‐time in the roll of equine‐manager for said business. It appears from the Complaint and...

Excerpt: ...orcal Gold. Inc., James O'Bryon, and RE/MAX Gold move to strike Plaintiffs' SAC and TAC on the grounds that both were improperly filed. A. PROCEDURAL MATTERS 1. Defendants' Request for Judicial Notice Defendants' Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Minute Order – sustaining Defendants' demurrer to Plaintiffs' original complaint – entered in this action on August 6, 2021 (Order on Original Demurrer). ...

Excerpt: .... (e), to the seventh cause of action for elder abuse asserted in Plaintiffs Gerald L. Nunn and Judith L. Nunn's (“Plaintiffs”) first amendment to the third amended complaint (“TAC”). A. JUDICIAL NOTICE Defendants' request for judicial notice regarding the five court filings and orders is GRANTED but not for the truth of the matters asserted therein. Likewise, Plaintiffs' request for judicial notice of the three court orders is GRANTED bu...

Excerpt: ...ir Inc. (“ESR”) to comply with Plaintiffs' deposition subpoena for business records issued in December 2021 (the “Subpoena”). If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of 5 the deposition record. (Code Civ. Proc., § 2025.480, subd. (b), § 1987.1, subd. (a).)1 The subpoenaed party's objections or other resp...

Excerpt: ...s for implied indemnity, equitable indemnity, comparative indemnity and/or contribution in accordance. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Loc...

Excerpt: ... at issue and Plaintiff lives in New York state. 16 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court ma...

Excerpt: ...opez (collectively, “Plaintiffs”), in their individual capacities and as heirs and successors‐in‐interest to decedent Edelmira Ruiz Lopez (“Decedent”). Defendants bring the motion on the grounds that the undisputed material facts demonstrate that the action is barred as a matter of law by the exclusive remedy provisions of the Worker's Compensation Act (“Act”) (Lab. Code, § 3601, subd. (a) and § 3602, subd. (a).) The moving part...

Excerpt: ...ough this motion during the depositions as to specific questions. I. PROCEDURAL MATTERS Third‐parties to this litigation Richard Troche and Mike Dion (collectively Movants) move, pursuant to Code of Civil Procedure sections 2020.220, 2025.410, 2025.420, and 1987.1 et seq., for an order quashing, and a protective order regarding, the deposition subpoenas served by Defendant on the grounds that: (1) the subpoenas are a misuse of the discovery pro...

Excerpt: ...ories, requests for production, special interrogatories, and requests for admissions; and (2) awarding the amount of $2,865 as reimbursement/sanctions against Defendant. I. MOTION TO COMPEL Pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280, if a party to whom interrogatories, requests for production of documents, and/or requests for admissions have been directed fails to comply with the request, then the party to whom ...

Excerpt: ...Request for Production of Documents, Set One. 5 The subject of the present motion is a single document: the original of the Sixth Amendment to the Miller Family Trust. It appears uncontroverted that in response to Plaintiff's counsel's suggestion that the document, or the signature thereupon, may have been forged, Defense undertook to lodge the original with the Court.1 As such, the subject document is no longer in Defendant's possession, custody...

Excerpt: ...ecords under Superior Court case number 19WL000052. 6 the subject roadway did not pose a substantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. I. PROCEDUR...

Excerpt: ...e Court of its election (for the lodged records to be filed unsealed). This notification must be received within 10 days of the date of the present order denying the motion to seal. (See Rules of Court, rule 2.551, subd. (b)(6).) Defendant Pacific Gas & Electric Company (PG&E) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the following documents relating to PG&E's concurrent Motion to Retain Confidentiality and Mo...

Excerpt: ...efore 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 the hearing. Petit...

Excerpt: ...nst Long and his counsel, Charles J. Smith, is GRANTED. Long and Mr. Smith are ordered to pay $2,010 payable to BVK's counsel within 10 calendar days of service of notice of entry of order. BVK moves, pursuant to Code of Civil Procedure section 2030.300 et seq. and section 2030.290 et seq., for an order compelling Long to provide complete, verified, and substantive responses without objection to BVK's fifth set of special interrogatories without ...

Excerpt: ...ble conduct showing oppression, malice, or fraud under Civil Code section 3294 [subdivision] (c).” (Notice of Motion at 2:2‐11.) 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 requ...

Excerpt: ...on. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of its January 26, 2022 Minute Order. The Court takes judicial notice of Plaintiff's Complaint and Defendant's Answer in this action and Plaintiff's requests for admissions, but not for the truth of the matters set forth therein. Plaintiff failed to file a meet and confer declaration as required pursuant to Code of Civil Procedure section 439, subdivision (a)(...

Excerpt: ...l subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. 2 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Loca...

Excerpt: ...ves for a protective order limiting the number of interrogatories propounded by Plaintiff Yvonne A. Grant in Plaintiff's special interrogatories, set one. The motion is made pursuant to Code of Civil Procedure sections 2030.090, 2030.030, 2030.040, 2030.050, 2030.060, 2019.030, and 2023.10 et seq. on the grounds that the interrogatories exceeding 35 are excessive, unwarranted by the complexity of the case, and an 10 abuse of the discovery process...

Excerpt: ... be taken into account in the determination of whether a settlement is in “good faith” include, but are not limited to: a rough approximation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (See Tech‐Bilt, Inc. v. Woodward‐Clyde & ...

Excerpt: ... that [CSA] owes [Fultz] an immediate duty to defend against the claims brought by plaintiffs in the above captioned matter.” (Notice of Motion at 1:22‐28.) 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 forthwit...

Excerpt: ...Plaintiff Devin Sweet's motions are GRANTED IN PART. Plaintiff's request for sanctions is DENIED. Defendant James Daniel Fagan is ordered to serve an amended verification with a code‐compliant signature as directed herein below. Defendant is further ordered to serve a privilege log pursuant to Code of Civil Procedure section 2031.240. The amended verification and privilege log shall be served within 20 calendar days of service of notice of entr...

Excerpt: ... Rosario Fregoso‐Contreras is ordered to provide verified code‐compliant responses, without objections, and documents in compliance with the Court's discovery order within 20 calendar days of service of notice of entry of order. The motion for a stay of further proceedings until the Court's discovery orders are obeyed—other than Attorney Brennan's pending motion to be relieved as counsel scheduled for March 15, 2022—is GRANTED. Defendant'...

Excerpt: ...Code of Civil Procedure section 1033.5, Rules of Court, rule 3.1702, the lease between Plaintiff and defendant Stone Brewing Co., LLC (“Defendant”), and the judgment in favor of Plaintiff entered by this Court on November 3, 2021. Defendant filed an opposition arguing that Plaintiff's requested fees are excessive. The parties do not dispute that Plaintiff is the prevailing party entitled to fees under the lease. The issue before the Court is ...

Excerpt: ... order sealing certain documents which were submitted conditionally under seal by plaintiffs in opposition to CalVet's previous motion for summary judgment. The asserted grounds are as follows. “The referenced documents and deposition testimony subject to this Motion constitute ‘information pertaining to security risk assessments, evaluations, protocols, and procedures for the Veterans Home of California, Yountville campus,” per the [Stipul...

Excerpt: ...he complaint filed by Plaintiffs Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, Auberge Resorts LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) on the grounds that Plaintiffs fail as a matter of law to plead any specific conduct constituting malice, oppression or fraud by Insurer Defendants. The motion is DENIED. Insurer Defendants shall answer the complaint within 10 days of the date of this order. I. PROCEDURAL MATTERS...

Excerpt: ...otion to strike is made on the following grounds: (1) the Court's September 17, 2021 Minute Order (“Minute Order”), purportedly establishing that Plaintiff did not submit an affidavit as required under Civil Code section 2924m, “has disqualified the complaint's legal basis” under section 2924m; (2) the deficiency with respect to the affidavit is incurable; and (3) Plaintiff failed to timely serve the complaint on Defendant. Pursuant to Co...

Excerpt: ...uant to Code of Civil Procedure section 1987.1 for an order quashing the deposition subpoena issued by Defendant Pacific Gas & Electric Company (PG&E) to Sacramento Municipal Utility District (SMUD) on the grounds that PG&E cannot make the requisite showing that the records and information sought are directly relevant and essential to a fair resolution of this case; (2) that there is a compelling need for the information and records; and (3) that...

Excerpt: ...one 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 2 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. On January 31, 2022, attorney Mainak D'Attaray, pur...

Excerpt: ...D IN PART. Defendant and his counsel are ordered to pay to Plaintiff, care of Plaintiff's counsel of record, monetary sanctions in the amount of $2,782.50 no later than 10 days after notice of entry of the present order. Plaintiff Napa County Land Trust, d/b/a Land Trust of Napa County moves, pursuant to Code of Civil Procedure sections 2030.290 and 2031.300, for an order compelling Defendant Jeffrey Hammond to provide further responses to reques...

Excerpt: ...021 in the Official Records of Napa County as Document No. 2021‐0027157. Plaintiffs' motion is made on the grounds that the pleading on which the notice of pendency is based does not state real property claims, defendants Lisa Lawley, Jason Anderson, and Okell Holdings, LLC (collectively, “Defendants”) cannot establish by a preponderance of the evidence the probable validity of their real property claims, and that an undertaking will secure...