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: ...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: ...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: ...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...

Excerpt: ...clude 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 rep...

Excerpt: ...Inc. (“Gates”), and Defendant Matt Cordeiro (“Cordeiro”) pursuant to Code of Civil Procedure sections 387 and 1280 et seq. While there are references in the body of Fultz's petition to an order compelling Gates and/or Cordeiro to arbitrate with Fultz, such relief and the basis for that relief are not properly specified or defined in Fultz's moving papers. For example, it is unclear to the Court what dispute Fultz would be attempting to se...

Excerpt: ...to interrogatories.1 The Court notes that Plaintiff filed no papers in opposition to the motion. The Court is unable to determine if the notice of motion and supporting papers were properly served on Plaintiff. The Proof of Service on file indicates service was accomplished electronically. This case was filed before January 1, 2019. Therefore, electronic service is only permitted where the party has given its consent or by Court order. (See § 10...

Excerpt: ...ntional infliction of emotional distress asserted through the First Amended Complaint (FAC). By Minute Order of November 18, 2021 (Order re: Original Demurrer) the Court sustained FPI's demurrer to the same purported causes of action as asserted through the original Complaint. Plaintiff amended the pleading by adding the allegations of paragraph 49 of the FAC, which allegations are repeated in paragraphs 56 and 67. A. Sixth Cause of Action – Vi...

Excerpt: ...ounds that most of the issues of fact and law are common to both actions and many of the same witnesses will testify in both actions. Defendant 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. Defendant is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral a...

Excerpt: ...the deadline and only three court days before the hearing. (Code Civ. Proc., § 437c, subd. (b)(2) (opposing papers must be served and filed not less than 14 days before the noticed date of the hearing).) Here, Plaintiffs submit evidence to show good cause for their delay in filing and service. (Burton Decl., ¶¶ 2‐10.) The Court elects to exercise its discretion to consider the late‐filed opposition. (California Rules of Court, rule 3.1300,...

Excerpt: ...opriate, going forward. Defendant and Cross‐Complainant Fultz Construction, Inc. moves, pursuant to Code of Civil Procedure section 473 and Rules of Court, rule 3.1324, for leave to file a first amended answer to Plaintiff's First Amended Complaint to add a thirteenth affirmative defense. 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...

Excerpt: ...ugh the California Department of Veterans Affairs (“CalVet”) is DENIED. CalVet moves, pursuant to Code of Civil Procedure section 437c, subd. (f)(1) and (2), for an order granting it summary judgment or, in the alternative, summary adjudication as to each cause of action asserted against it in (i) the second amended complaint filed by Plaintiff 7 Theodore Joseph Shushereba (“Shushereba Plaintiff”) in Case No. 19CV000391 (“Shushereba Com...

Excerpt: ...with. 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. Defendants IA Lodging Napa Solano TRS, L.L.C., IA Lodging Napa Solano L.l.C., and Sage Client 417 LLC (collectively Mov...

Excerpt: ...se of action asserted through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts therein sufficient to state a good cause of action. NVP's Request for Judicial Notice is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. A general demurrer will lie “where the complaint has included allegations that clearly disclose some defense or bar...

Excerpt: ... Request for Admission numbers 4, 5, 6, 7, 8, 13, and 14. The Court further orders RLM to respond fully and without objection to Form Interrogatory numbers 6 and 7. The motion is DENIED with respect to Request for Admission numbers 11 and 12. Defendant/Cross‐Complainant Third Street Napa Development, LLC (“Third Street”) moves for an order compelling Defendant/Cross‐Defendants RLM Construction Services, Inc. (“RLM”) and Michael Reyes ...

Excerpt: ...ted 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 Piner's Nursing Home Inc. moves, pursuant to Code of Civil Procedure section 2023.010, subd. (d)(3), for terminating sanctions against Plaintiff Maria Lopez on the grounds that Plaintiff failed to respond to written discovery and fai...

Excerpt: ...les of Court, rule 3.1702, subd. (d) provides “[f]or good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.” (Cal. Rules of Court, rule 3.1702, subd. (d).) The subject relief of Defendant's motion is not an extension of time to file a motion for attorney's fees, but rather to stay Plaintiff's already‐filed motion for attorney...

Excerpt: ...io”) (collectively, “Defendant Physicians”) demur, pursuant to Code of Civil Procedure section 430.10, to the first cause of action for elder abuse and neglect asserted in Plaintiff Thomas James Farnan, Jr.'s (“Plaintiff”) third amended complaint (“TAC”) on the grounds of uncertainty and failure to state a cause of action. Defendant Physicians' demurrers are OVERRULED. A. STANDARD ON DEMURRER Code of Civil Procedure section 430.10 p...

Excerpt: ...s of the California Environmental Quality Act (CEQA), directing respondent County of Napa (County) to set aside its actions adopting a Negative Declaration and approving 3 use permit No. P13‐00320‐UP (Use Permit) and exception to the County's Road and Street Standards for a winery project proposed by real parties in interest Mountain Peak Vineyards, LLC, Steven Rea, Eric Yuan, and Hua Yuan (collectively Real Parties), and located at 3265 Soda...

Excerpt: ...IED. Defendant's request for sanctions is GRANTED IN PART. A. PROCEDURAL ISSUES There is no proof of service on Plaintiff's motion in the Court's file. To the extent there were any notice defects, Defendant waived any objection to the defect(s) by failing to raise such objection and by submitting opposition papers addressing the substance of Plaintiff's motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975...

Excerpt: ... fences or gates restricting access to and across the Existing Tanks Easement3 and Private Road Easement,4 or provide Plaintiff keys, combinations, and/or codes for the existing locked fences or gates; and (ii) enjoining Defendants and their respective employees, agents, and representatives, from obstructing or unreasonably interfering with Plaintiff's use and enjoyment of the Existing Tanks Easement, the Future Tank Easement,5 and the Private Ro...

Excerpt: ...orthwith. 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. Defendant Integon National Insurance Company (“Defendant”) moves, pursuant to Code of Civil Procedure sections ...

Excerpt: ... amount of $4,310.00 no later than 10 days after notice of entry of this order. Plaintiff Victor Alam moves, pursuant to Code of Civil Procedure section 2025.450, for an order compelling Defendant Daniela Farina's deposition and for production of documents on the grounds that Ms. Farina has repeatedly failed to appear for her noticed deposition and failed to produce requested documents.1 Plaintiff further moves, pursuant to Sections 2023.030 and ...

Excerpt: ...ecialized Loan Servicing, LLC (SLS) demurs to the Second Amended Complaint (SAC) filed by Plaintiff Bruce Blankenhorn. SLS generally demurs to the SAC pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.50, subdivision (a) on the grounds that the allegations therein are Uncertain, ambiguous and unintelligible. SLS further demurs to each of the causes of action purportedly set forth therein on the grounds that th...

Excerpt: ...ls to allege facts sufficient to state a claim under any of the purported causes of action asserted therein.1 A. PROCEDURAL MATTERS 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 Rul...

Excerpt: ... of March 7, 2022 for the Loeber and Golick cases and setting a conference on or about June 20, 2022 to set the Loeber and Golick cases for trial together. The motion is GRANTED. A. Procedural Issues The Loeber 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. The Loeber Plaintiffs are directed to immediately provide, by telephone call AND email, the missi...

Excerpt: ...iff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. 19 Defendant's request for judicial notice is GRANTED in its entirety. Defendant's evidentiary objections (one through nine) are each GRANTED. “A demurrer tests only the legal sufficiency of the pleading...the question of plaintiff's ability to prove the allegations, or the possible difficulty in making such proof does not concern the rev...

Excerpt: ...vice of notice of the motion or supporting documents in the Court's file. “The court lacks jurisdiction to rule on a motion that has not been properly noticed 2 for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) However, “[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any d...

Excerpt: ...rded as Document No. 2017‐0007969 and Document No. 2021‐0038047. The Court DENIES Chase's motion as moot. The Court DENIES Chase's request for judicial notice and Plaintiffs' Objections to Chase's evidence, given that the underlying motion is moot. In its Reply Brief filed on January 3, 2022, Chase argues that it should be awarded its attorneys' fees and costs as the prevailing party under Civil Code section 405.38. (See Civ. Code, § 405.38 ...

Excerpt: ...ider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277; Luri v. Greenwalk (2003) 107 Cal.App.4th 1119, 1125.) A court may overlook an omission to properly notice a motion when the supporting papers make clear the grounds for the relief that is sought. (Luri, supra, 107 Cal.App.4th at 1125.) Here, there is no evidence in the Court's file that Plaintiff included a notice of motion. The Court does...

Excerpt: ...he 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 he would if he 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 interest...

Excerpt: ...ause of action asserted by Plaintiff through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts sufficient to constitute a valid cause of action. Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C and D to the RJN. Plaintiff's request for...

Excerpt: ...ute a cause of action against Defendant and (2) Defendant's answer does not state facts sufficient to constitute a defense to the complaint. (Cal. Code Civ. Proc., § 438, subd. (c).) Plaintiff's complaint alleges various types of common counts. “The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.” (Farmers Ins. E...

Excerpt: ...rty/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. Plaintiff failed to provide adequate notice of the hearing date. The Proof of Service in the Court's file ...

Excerpt: ...lk) moves the Court for an order quashing the subpoena for her deposition and staying her deposition (under Code of Civil Procedure sections 2025.410) until the Court can rule on the contemporaneously pending Motion for Protective Order to Exclude Juan M. Martinez from Depositions (Motion to Exclude). 4 A. The Court Has Jurisdiction to Hear the Motion Plaintiff argues that Plaintiff's failure to provide adequate notice of the original (November 1...

Excerpt: ...rmine disputes that have arisen and are likely to continue in connection with the deposition. Plaintiff also seeks orders relating to the apportionment of costs and fees associated with the continued deposition, including those of the requested referee. Finally, Plaintiff seeks, pursuant to Code of Civil Procedure sections 2023.010, et seq., and 2025.010, et seq., monetary sanctions in the amount of $4,097.50 against Defendant and his attorney of...

Excerpt: ...ce of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to all parties 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 r...

Excerpt: ...l Specialists, Inc. (BASS) to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural Background The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Plaintiff, pursuant to the terms of a written employment agreement. (See Complaint at ¶3, Cross‐Complaint at ¶1.) Plaintiff pu...

Excerpt: ...the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Dumican Mosey Architects, P.C. (DMA) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6 and California Rules of Court, rule 3.1382, for an order finding that the settlement entered into between DMA and non‐party Galleron Properties, LLC (“Galleron”) is made in good faith. Galleron is ...

Excerpt: ...cial notice. Plus, Defendants are offering the exhibit to establish the truth of its content, i.e., that Mr. Morris passed away in January 2021. However, a Court cannot take judicial notice of the facts contained within the exhibits. (See Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1141, fn. 6 (citing Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1064).) B. Introduction Defendants Bryant Morris, Dierdre Morris, and Bryan...

Excerpt: ... 38 Cal.3d 488 (Tech‐Bilt), for an order finding that the confidential settlement entered into between Plaintiffs and W.M. Barr is made in good faith. The amount of the proposed settlement is the central fact in the Court's analysis. “[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, ...

Excerpt: ...) disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information, Plaintiff applies for a preliminary injunction (i) enjoining Defendant from using any of Plaintiff's trade secrets or items of Confidential Information; (ii) enjoining Defendant from disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information; and (iii) compelling Defendant to make her media devices to which s...

Excerpt: ...the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (Aguilar).) “‘Material facts' are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.” (Rules of Court, rule 3.1350, subd. (a)(2).) The moving party also bears ...

Excerpt: .... Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Moving Defendants concede that the deposition testimony would be admissible if they had had the right and opportunity to cross‐examine the decedent. (See Reply at 3:5‐27; see also Evid. Code, §1291, subd. (a)(2).) Through their opposition papers, Plaintiffs s...

Excerpt: ...ear 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 memorandum filed in s...

Excerpt: ...e, § 3294, subd. (a).) Civil Code section 3294, subdivision (a), provides that “where it is proven by clear and convincing evidence that 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 w...

Excerpt: ...covery is not allowed in this administrative mandamus action “absent a threshold showing by [Real Party] of a right to engage therein....” (Motion at 2:13‐16.) Importantly, this is the only grounds identified by Petitioner in its notice of motion and argued through the supporting memorandum (Support Memo). As an initial matter, the Court rejects Respondent's argument that the motion is untimely. The Court finds that the filing of the motion...

Excerpt: ...ro a “used 2017 Chevrolet Silverado 1500,” citing to Castro's complaint at paragraphs 6‐7. This is not accurate. Nor is a demurrer the time to assert purported undisputed facts. Paragraph 6 alleges a “new 2017 Chevrolet Silverado 1500” entered the stream of commerce. According to paragraphs 7 and 8, in 1 The Court construes the demurrer as being made on the ground of failure to state sufficient facts by GM's citation to Code of Civil Pr...

Excerpt: ...GRANTS the motion to compel arbitration and stay judicial proceedings. Defendant BVK Gaming, Inc. moves for an order compelling Plaintiff to arbitrate her claims against Defendant and staying the matter pending the completion of such arbitration. Defendant 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. Defendant is directed to immediately provide, by telephone cal...