Excerpt: ...m filing any new lawsuits in propia persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed; and (2) require Plaintiff to furnish security sufficient to cover DSH‐Napa's anticipated attorney fees and costs before being permitted to proceed further in the present matter. 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise specified. 3 The ...

Excerpt: ...ow why her former attorney included the affirmative defenses in her Answer and the defenses are therefore “irrelevant, false, and/or improper”; and (2) striking Defendant's denials of material allegations contained in her Answer to Complaint paragraph numbers 14‐15, 17‐19, 21‐23, 25‐ 28, 30‐32, and 34‐36 on the grounds that Johnson does not know why “Andino” denied material allegations and Defendant does not know what a materi...

Excerpt: ...ting, and as such, there is no reason why DFS Flooring should be dragged into arbitration. The argument is not well‐taken considering that since the opposition was filed, Wright Contracting filed a cross‐complaint naming DFS Flooring as a cross‐defendant in the first cause of action for breach of contract and seventh cause of action for contribution. Although DFS Flooring agrees to arbitrate its claim against Odd Fellows, it objects to bein...

Excerpt: ... a dog would run into him” and further because Plaintiff assumed the risk of his alleged injuries. (See Notice of Demurrer.) Through the FAC Plaintiff asserts a single cause of action against Quaranta for negligence, alleging that while both were at the Shurtleff off‐leash dog park talking, Quaranta's dog Orlock, in high‐speed pursuit of a tennis ball that had been thrown by co‐defendant Nickolas Fonville, ran into Plaintiff's knee, knock...

Excerpt: ...lass members by U.S. Mail or maintain a website with information on the Final Judgment for a period of six months after entry of Final Judgment, and, through the Class Notice, provide Class Members with the address of the website. (See Rules of Court, rule 3.771, subd. (b).) The Court is not satisfied with Petitioner's explanation as to why English‐only class notification is sufficient. Petitioners assert that “[a]n English‐only class notic...

Excerpt: ...d the circumstances in which an independent contractor's employee (or third party) may recover in tort from the party hiring the contractor. Defendants are correct that generally a person who hires an independent contractor is not liable for the torts of the independent contractor. (See Torres v. Reardon (1992) 3 Cal.App.4th 831, 838.) “At common law, a person who hired an independent contractor generally was not liable to third parties for inj...

Excerpt: ...ruling. Any such proposed order shall be filed, no later than August 20, 2021, in the form of a Stipulation and Proposed Order. If the parties are unable to so agree, they are each invited to submit a proposed order consistent with this ruling, no later than August 20, 2021. The Court will then select the proposed order that is consistent with this ruling and most reasonably balances Plaintiffs' interest in discovery with State Farm's interest in...

Excerpt: ...lief. 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, by Zoom, unless it is confirmed that no party requests oral argum...

Excerpt: ...urportedly set forth therein on the grounds that: (1) the Complaint fails to state facts 2 sufficient to constitute a cause of action, and (2) Defendants Beverly Kendall, Anthony Daniel James, and Kathaleen Stephenie Flood have been mis‐joined. The claims purportedly asserted through the Complaint arise out of the purchase and sale of certain real property in Napa County (Property). (See Complaint at ¶ 1.) Realtor Defendants request for judici...

Excerpt: ...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 defects or irregularities in the notice of motion”].) 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 tentat...

Excerpt: ...ituting 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 (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these...

Excerpt: ...famation of character on the grounds of uncertainty and failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiff Jennifer L. Spalding has not substantively addressed the legal arguments set forth in defendant's moving papers. Plaintiff does not allege when defendant began to represent her. Plaintiff has not pled sufficient facts supporting the breach of any particular fiduciary duty. Plaintiff has not pled her fraud claim wit...

Excerpt: ...assment, and discrimination in violation of Government Code section 12940, subdivision (k), and fourth cause of action for violation of the Whistleblower Protection Act on the grounds these claims are barred pursuant to the doctrines of collateral estoppel and judicial estoppel because 3 the matter previously was heard at the State Personnel Board (“SPB”) and that adverse determination was not set aside is SUSTAINED WITHOUT LEAVE TO AMEND. Pl...

Excerpt: ...aims asserted in the cross‐complaint. The County is entitled to review the relevant corporate and financial records. Any privacy interest is outweighed by the County's right to directly relevant evidence. Indeed, without this financial information, it is unclear how the County can prove its allegations. Turley's objections are overruled. Turley shall serve verified code‐compliant further responses, without objections, and documents within 10 ...

Excerpt: ...that Plaintiff fails to allege facts sufficient to constitute a cause of action against SLS. SLS further demurs on the grounds that the Complaint is uncertain, ambiguous and unintelligible. A. Uncertainty As noted, SLS asserts, through its Notice of Motion, that it demurs on grounds of uncertainty. A demurrer for uncertainty is disfavored and may only be sustained where the allegations render the complaint so incomprehensible that a defendant can...

Excerpt: ...s amended November 14, 2019. In its opinion affirming this Court's judgment in the matter, the Court of Appeal held that Plaintiffs are entitled to an award of their attorneys' fees and costs on appeal. (See Frattini v. First American Title Co. of Napa (March 30, 2021, A158995) 2021 Cal.App. Unpub. LEXIS 2085 at *8‐9 [nonpub. opn.].) The Court of Appeal remanded the matter for this Court to 3 “calculate the amount of appellate attorney fees, ...

Excerpt: ...l Acknowledgement of Partial Satisfaction of Judgment. 5 Petitioner Kelley Dayan moves for an order permitting Petitioner to file the foregoing documents (Subject Documents) under seal on the grounds that Petitioner has a contractual obligation not to disclose certain portions of the documents that are relevant to her defense to Respondent's pending motion to compel acknowledgement. The notice of motion does not provide notice of the Court's tent...

Excerpt: ...on (individually and as trustee of the Patricia Simpson Trust) complains of in her complaint, seventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. The pleadings serve as the “out mea...

Excerpt: ...fault and any default judgment entered against him on the grounds of inadvertence, surprise, mistake or excusable neglect and/or that the service of summons was defective and did not result in actual notice.2,3 Zuckerman further moves, pursuant to section 418.10, subdivision (a)(1), for an order quashing service of the Summons due to lack of jurisdiction. Zuckerman's request for judicial notice is GRANTED. Zuckerman contends that the service of s...

Excerpt: ...ng 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, by Zoom, unless it is confirmed that no party requests oral argument. The Court notes two aspects of the moving papers that introduce some ambiguity into the present motion. First, a notice of motion must state exactly what relief is sought...

Excerpt: ...ton), care of its attorneys of record in this matter, the amount of $750 no later than 10 days after notice of entry of the present order. Wilmington applies, ex parte, for an order, pursuant to Code of Civil Procedure sections 405.31, 405.32, and 405.34, expunging the Notice of Pendency of Action (Lis Pendens) recorded on September 19, 2019, as Instrument No. 2019‐0018688 with the Napa County Recorder, by or on behalf of Plaintiffs Bruce Chadb...

Excerpt: ...roduction of documents responsive to request for production of documents (set one) numbers 1‐13 by producing correspondence, bills, and invoices showing when Bowman completed its electrical work. Bowman previously produced 34 documents, but Energy Plus contends it still has not received responsive documents to at least 11 of the document requests. Energy Plus also seeks issue and monetary sanctions for failure to comply with the Court's discove...

Excerpt: ...emand for Production of Documents, Set Two, Demand 5” on the grounds that “responding party has failed, without justification, to serve proper responses to these inspection demands.” (Notice of Motion at 1:28‐2.4.) It is not immediately clear from the foregoing which of the defendants in the action this motion is directed to. However, Plaintiff also requests an award of $6,082.00 in monetary sanctions against Defendant GVM Law LLP (GVM) a...

Excerpt: ... and Respondent Deborah Jeanne Miller (Movant) moves for an order compelling Plaintiff/Petitioner Duncan Mackenzie Miller (Mr. Miller) to provide code‐compliant verified responses to: (1) Form Interrogatories, Set Two; (2) Request for Production of Documents, Set One; (3) Special Interrogatories, Set One; (4) and Requests for Admissions, Set One. Movant further requests an order that the truth of the subject facts of the Requests for Admissions...

Excerpt: ...n existing arbitration pending before JAMS; and (3) staying all further proceedings, including pending discovery. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) Generally, on a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, a c...

Excerpt: ... Farina has not complied with the Court's order compelling her deposition and production of documents. Alam now seeks terminating, evidentiary, and monetary sanctions. Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including issue sanctions, evidence sanc...

Excerpt: ...nd Gayle Daniels move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling Defendant State Farm General Insurance Company (State Farm) to provide further responses and documents in response to Plaintiff's Request for Production of Documents, Sets One, Two and Three. 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 contac...

Excerpt: ...efendants). 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, by Zoom, unless it is confirmed that no party requests oral...

Excerpt: ...iff's First Amended Complaint (FAC) on the grounds that Plaintiff's allegations in support thereof are conclusory in nature and fail to support an award thereof. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformi...

Excerpt: ...tist Health System/West (collectively Adventist Health SH/West) are granted 10 days' leave to file an answer to the Complaint. (Cal Rules of Court, rule 3.1320, subd. (g).) Adventist Health SH/West move “to strike all claims for punitive damages” from Plaintiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) “The court may, upon a motion made ...

Excerpt: ...endants, under oath at trial in a different matter. (See Support Memo at 2:17‐3:4.) Gospodarczyk argues that Plaintiff “appears to be claiming that Gospodarczyk's trial testimony was part of a civil conspiracy, defamed Plaintiff, and/or caused Plaintiff emotional distress.” (Id. at 4:1‐ 5.) Plaintiff appears to concede the point by failing to file any opposition to the motion. Any publication or broadcast made in any judicial proceeding i...

Excerpt: ...y dispute is no longer at issue. Plaintiff's request for monetary sanctions contained in the memorandum of points and authorities is DENIED. The request is not code‐compliant as the request was not made in the notice of motion. (Code Civ. Proc., § 2023.040.) (2) MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT HAENAH SHARON TENTATIVE RULING: Plaintiff Jeimy Sujey Baltodano's motion to compe...

Excerpt: ...GROUND Defendants Jameson Animal Rescue Ranch, Inc. (Jameson) and Monica Stevens (Stevens and collectively Defendants) move pursuant to Code of Civil Procedure section 437c for summary judgment against Plaintiff Nicole Rawling (Rawling). Defendants so move on the grounds that there are no disputed issues of material fact, each cause of action alleged against Defendants in Plaintiff's First Amended Complaint (FAC) fails as a matter of law, and Def...

Excerpt: ...ne 30, 2021. 8 (3) DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH DISCOVERY OBLIGATIONS AND COURT ORDERS TENTATIVE RULING: Defendant Stone Brewing Co., LLC's (Stone) moves to compel compliance with discovery obligations and court orders. On May 17, 2021, the Court granted Stone's motion to compel plaintiff West Pueblo Partners, LLC (WPP) to revisit is prior document production and to supplement its production as it was apparent WPP had not performe...

Excerpt: ...�45, 47‐58, and 86. As these requests were not contained in the notice of motion, they have not been considered. (See Code Civ. Proc., § 1010.) 3 GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that plaintiffs simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. On March 26 and April 20, 2021, plaintiffs sent GM meet and confer letters. ...

Excerpt: ...essee: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐ 00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extensio...

Excerpt: ...trued, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the t...

Excerpt: ...n May 10, 2021, Vaughn sent Walmart an amended notice of site inspection. The notice requests that Walmart permit Vaughn, her attorneys, and experts from WEXCO International to conduct an inspection at the Walmart Store in American Canyon “for the purposes of inspecting, measuring, surveying, testing, and photographing the property, including but not limited to the area of the Walmart 1 Vaughn states in her opposition that she slipped on a sili...

Excerpt: ... of Court, rules 2.550‐2.551, if filing such confidential materials. Defendant does not dispute that some of its financial records and information are directly relevant to this dispute and discoverable. 8 Defendant has demonstrated good cause to protect its sensitive and confidential financial information. For example, disclosure of such information could adversely affect negotiations between defendant and third parties interested in purchasing...

Excerpt: ...h: (1) continuous, open and notorious, and hostile use of easement for five years [Cross‐ Complaint First Cause of Action]; (2) that Defendants have acquired rights by the agreed‐upon boundary doctrine [Cross‐Complaint Second Cause of Action]; and (3) “that a preliminary injunction is appropriate to enforce the easement because Defendants' First and Second Causes of Action fail as a matter of law.” (Motion at 2: 1‐22.) Plaintiffs and ...

Excerpt: ...ant's valid exercise of her constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to...

Excerpt: ...rt, however, exercises its discretion to consider the motion as Alam filed a substantive opposition and there is no prejudice to him. Moreover, Farina filed a reply on June 9, with a hearing set for June 11. The reply is untimely as it must have been filed and served at least 5 court days before the hearing.2 (Ibid.) There also is no proof of service attached to the reply or any indication Alam was served with the reply. With these deficiencies, ...

Excerpt: ...el, employees, and agents, reports of sub rosa, invoicing and payments for sub rosa, as well as any film, photographs, audio, or other recordings. Defendant Mark Rodman served an objection only response. Rodman objected on the grounds the request was vague and ambiguous 1 The notice of motion does not seek production of documents, but it is clear from the memorandum of points and authorities that Cervantes also seeks production of documents. (See...

Excerpt: ...he action is barred by the applicable statute of limitations. B. Legal Analysis 1. Demurrer 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 (1985) 39 Cal.3d 311, 318.) The Court must “construe the allegations of a complaint ...

Excerpt: ...s valid 2 exercise of his constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to s...

Excerpt: ... pre‐ trial issues Shushereba (Case No. 19CV000345), Golick (Case No. 19CV000350), Loeber (Case No. 19CV000359), and Gonzales (Case No. 19CV000391). The Court stated: “There is no question that consolidation 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.” The Court, however, deferred ruling on the motion to conso...

Excerpt: ...ndants Fay Servicing, LLC and Wilmington Trust, National Association, as trustee for MFRA Trust 2014‐2, move for an award of monetary sanctions in the amount of $54,786.63 and terminating sanctions against Plaintiffs Bruce Chadbourne and Mohammad Khan for their maintenance of causes of action and prayers for relief against Defendants which they know or reasonably should have known were and are without any legal merit and without factual and evi...

Excerpt: ...see: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extension o...

Excerpt: ...pecialists, Inc., care of its attorneys, sanctions in the amount of $9,497.50 no later than 10 days after notice of entry of this order. Defendant and Cross‐Complainant Bay Area Surgical Specialists, Inc. aka BASS Medical Group moves to compel Plaintiff Mindy Marquez to produce documents requested at her deposition, and, pursuant to Code of Civil Procedure sections 2023.010, 2023.030, 2025.280, and 2025.480, for sanctions against Plaintiff and ...

Excerpt: ... person most qualified, and produce documents and communications withheld on the basis of privilege is GRANTED IN PART AND DENIED IN PART.2 A. Holcomb Production Stone contends WPP's attorneys did not assist Holcomb in searching for relevant materials or assist him with performing key word searches for relevant ESI. WPP represented to the Court that it will produce documents and ESI responsive to Stone's discovery requests, and is under a court o...