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1150 Results

Location: Napa x
2022.11.04 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.04
Excerpt: ...served as Defendant's Director of Nursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. It appears, however, that Defendant did produce the witne...
2022.11.04 Petition for Writ of Mandate to Enforce Member's Right to Obtain, Inspect, and Copy Certain Records 403
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.04
Excerpt: ...tition for Writ of Mandate. Through both, Petitioner moves, pursuant to Code of Civil Procedure section 1085, Corporations Code sections 17704.10 and 17701.13 et seq., and Rules of Court, rule 8.932, for a Writ of Mandate directed to Respondents Kelham Vineyards & Winery LLC (“Kelham Vineyards”) and Susanna Rogers Kelham (“Ms. Kelham”) (collectively, “Respondents”) to enforce Petitioner's right, as a member of Kelham Vineyards, to obt...
2022.11.03 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ...t filed June 22, 2022, and that filed October 24, 2022, are GRANTED. The Court takes judicial notice of Napa County Code, section 15.04.080, Napa County Ordinance Nos. 1020, 1109, and 1160, and the 1991, 1994, and 1997 Uniform Building Codes. The Court rules on the objections to Peletta's evidence asserted by responding parties Francis Wang and Laura Young (collectively the Wangs) as follows: Objection No. 1: Sustained as to 39:22‐24 and overru...
2022.11.03 Motion for Expungement of Notice of Pendency of Action 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ... and Sudha Sawkar (collectively, “Plaintiffs”). Defendants also seek their attorneys' fees and costs incurred in connection with this motion. The motion is made on the grounds that “[t]he Notice is void on its face for failure to comply with the mandatory notice requirements of the Code of Civil Procedure and for plaintiffs' failure to verify their complaint.” (Notice of Motion at 2.) Defendants' Request for Judicial Notice (“RJN”) of...
2022.11.02 Motion to Seal 097
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.11.02
Excerpt: ...sed redactions are on 10 pages of an arbitrator award totaling 38 pages and on four pages of an arbitration pleading totaling 19 pages, which are attached as Exhibits C and D to the Petition to Vacate, as identified in the Declaration of David J. Millstein. (Millstein Decl. ¶ 6, Exh. C.) Respondents indicate that, while Petitioners do not join the present motion, counsel for Petitions have informed Respondents that they will not oppose the motio...
2022.11.02 Motion for Leave to File Amended Pleading 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.02
Excerpt: ... sections 473c, subdivision (a)(1), and 576, for leave to file a fourth amended complaint. The motion is brought “on the grounds that the interests of justice will be served if plaintiffs are allowed to revise their sixth cause of action for declaratory [relief] to remove all doubt that the only requested relief is a judicial determination that the 2005 Agreement did not terminate when plaintiffs reconstructed and remodeled their house and barn...
2022.10.28 OSC Re Preliminary Injunction 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.28
Excerpt: ...ary injunction should not be ordered restraining and enjoining Defendants, their agents, and employees, and each of them, during the pendency of this action from erecting or using in any manner or form any obstruction on Plaintiffs' access easement as depicted in the Map of the Lands of Carter A. Martin, et ux, Recorded July 13, 1980 in Book 11 of Parcel Maps at Page 59, Napa County Records. In Plaintiffs' Notice of Order to Show Cause, they fail...
2022.10.28 Motion to File Records Under Seal 379
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...ith the foregoing. Defendant CSAA Insurance Exchange (CSAA) moves, pursuant to California Rules of Court, rule 2.550 and 2.551, for an order to seal certain records that were, on September 26, 2022, conditionally lodged under seal by Plaintiffs Armand Maaskamp and Lynn Maaskamp. “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...
2022.10.28 Motion to Enforce Settlement Term Sheet, for Sanctions 377
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...her in this matter on May 18, 2022.”2 (Notice of Motion at 1:22‐24.) Plaintiff further moves, pursuant to Code of Civil Procedure, section 128.5, for an order awarding her monetary sanctions in the amount of $29,702.50 “in addition to further sanctions in the amount of fees earned by Defendant's counsel in connection with Defendant's attempts to evade the settlement” to be paid to the Court. (Id. at 1:25‐28.) The motion is made on the g...
2022.10.28 Motion to Declare Assigned Judge for Complaint and Combined Date to Resolve Complaints 977
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.28
Excerpt: ...les providing for electronic filing and service.” Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, Plaintiff has not filed a proof of service of the present motion to the Defendants in this action.4 Furthermore, Plaintiff failed to include a Notice of Motion stating the nature of the order sought and the grounds for such an order...
2022.10.27 Motion to Enter Judgment 244
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...ocal 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 represents it did not timely receive the required notice, regardless of whether or not moving party is pres...
2022.10.27 Motion to Compel Production of Cell Phone 846
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...‐Defendant Finnuala Hanifan (“Finnuala”) moves for an order compelling Defendant and Cross‐Complainant Silverado Resort Investment Group, LLC dba Silverado Resort (“Silverado”) to produce Defendant and Cross‐Complainant Adrian Gonzalez's (“Gonzalez”) company cell phone. Finnuala further moves for sanctions in the amount of $2,100 pursuant to Code of Civil Procedure section 2023.010, subdivisions (d)‐(f). On July 15, 2022, Finn...
2022.10.20 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ements. To clarify, the Court is not granting Peletta leave to present any additional evidence. The Wangs are granted leave to file, no later than October 27, 2022, a sur‐sur‐reply of no more than 3 pages addressing any issues raised in the sur‐reply. A. PROCEDURAL MATTERS Defendant and Cross‐Complainant Peter Peletta moves for summary adjudication of Plaintiffs' claims for easement by prescription, equitable easement, on his eighth affir...
2022.10.20 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on the grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. While the moving party includes an abstract reference to the Court's tentative ruling sy...
2022.10.20 Motion for Summary Judgment, Adjudication 197
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.20
Excerpt: ...use of action for Common Counts on the ground that it is undisputed that Plaintiff provided various recycling landfill services between October 2015 and March 2021 and Defendant failed to pay for these services in the amount of $27,677.51. In the alternative, Plaintiff moves for summary adjudication of its cause of action and as to Defendant's four affirmative defenses on the ground that Defendant lacks evidence to support its affirmative defense...
2022.10.18 Motion to Strike 844
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.18
Excerpt: ...37 and 46 and the Prayer, Paragraph 6, in their entirety. 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 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 ...
2022.10.14 Motion to Compel Discovery Responses, for Sanctions 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.14
Excerpt: ...dy (collectively, “Defendants”) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (b) and (c), and 2031.300, subdivisions (b) and (c), for an order compelling Plaintiff Terry Francis to provide responses, without objections, to the Supplemental Interrogatories, Supplemental Requests for Production of Documents, Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set...
2022.10.14 Motion for Nonsuit 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2022.10.14
Excerpt: ...f Action in the SAC is for Breach of Contract/Specific Performance against Long. (SAC at 15:8‐9.) The Prayer for Relief requests “[s]pecific performance of the BVK Purchase Agreement.” (SAC, Prayer at ¶ 1.) Pursuant to the BVK Purchase Agreement, dated November 15, 2007, Long agreed to sell, assign, transfer and deliver to BVK, and BVK agreed to purchase from Long all of the right, title and interest of Long in and to all of the following ...
2022.10.13 Motion to Vacate Judgment 297
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.13
Excerpt: ...ith the requirements under Code of Civil Procedure section 1005, subdivision (b), and to file a proof of service required by Rules of Court, rule 3.1300, subdivision (c). Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) moves, pursuant to Code of Civil Procedure section 473, for an order vacating the judgment against Defendant Xavier Gonzalez (“Defendant”) and requests that the Court enter a dismissal without prejudice. Defendan...
2022.10.13 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.13
Excerpt: ... Initial Moving Papers In an effort to avoid confusion, the Court begins with a brief discussion of the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed belo...
2022.10.11 Motion to Continue Trial 086
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.11
Excerpt: ...expert disclosures are extended based on the new May 11, 2023 TMC date. Defendants Jack Neal & Son, Inc., Frank Brower Grant, Jr. and JNS, LLC (“Defendants”) move, pursuant to Rule 3.1332 of the California Rules of Court, to continue the October 31, 2022 trial and all current pretrial deadlines in this matter to May 2023 and to continue all pretrial deadlines. The moving party failed to include in the notice of this motion proper notice of th...
2022.10.11 Motion for Leave to File Amended Petition and Complaint 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.11
Excerpt: ...ial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) The bulk of the proposed changes are a host of novel factual allegations supporting a fraud claim, based on a cent...
2022.10.06 Motion to Compel Responses 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.06
Excerpt: ...omplainants”) Requests for Production of Documents, Set One no later than 15 calendar days after notice of entry of the present order. Mr. Nguyen and his counsel are ordered to pay to Cross‐ Complainants, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the total amount of $4,413.75. Cross‐Complainants move, pursuant to Code of Civil Procedure section 2031.300, subdivisions (b) and (c)...
2022.10.06 Motion for Summary Judgment, Adjudication 827
Location: Napa
Judge: Young, Scott
Hearing Date: 2022.10.06
Excerpt: ...dgment or, in the alternative, summary adjudication of all five causes of action asserted against it in Plaintiff Frederick Just's (“Just” or “Plaintiff”) Complaint, based on 10 separately‐ enumerated grounds identified as Issues I‐X. (See, generally, Notice of Motion.) The Court rules on CalVet's evidentiary objections as follows: Objection Nos. 1‐3, 6: The respective subjects of these objections are not relevant to the Court's res...
2022.10.04 Motion for Contempt 862
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.04
Excerpt: ... A. Lawson (“Mr. Lawson”), as the managing member and Chief Executive Office of Defendant, for up to five days or, under Code of Civil Procedure section 1219, subdivision (a), until Defendant has complied with the Court's Order and paid all outstanding sanctions and penalties, and (3) an order awarding its attorney's fees and costs incurred in connection with this Motion in the amount of $3,337.50. The moving party failed to include in the no...

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