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...

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 ...

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...

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...

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...

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...

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)...

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...

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...

Excerpt: ...dant (“Judgment”). (Notice at 2‐3.) By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant's previous violations of the Judgment through and including January 31, 2022 to allow Defendant time to abate all prior violations by (1) obtaining any legally required permits from Napa County, (2) performing the required abatement work as set forth in the approved permits and in accordance with any conditions ...

Excerpt: ...nable costs to distribute payment to the Class once collected from the debtors; and (3) to clarify the timing of the payments to the Class now that the timing and amount of collection is reasonably certain to maximize efficiency.” (Ex Parte Application at 2:4‐9 (App.).) The relief sought requires Plaintiff to proceed by noticed motion. Plaintiff relies on Code of Civil Procedure, section 685.040 which provides that, “[a]ttorney's fees incur...

Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ...dgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 n...

Excerpt: ...subject matter. Plaintiff is directed to give Defendant notice of the continued hearing. 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 re...

Excerpt: ...o file and serve, no later than October 14, 2022, a supplemental opposition, of no more than 10 pages in length, addressing Petitioner's supplemental memorandum and/or issues raised herein below not raised through the supplemental memorandum. Petitioner is then granted leave to file and serve, no later than October 19, 2022, a supplemental reply brief, of no more than 5 pages in length responding to Respondent's arguments. Petitioner Service Empl...

Excerpt: ... novel allegations of the Proposed SAC, with cut‐off dates calculated pursuant to the Code of Civil Procedure based on the new trial date. Plaintiffs Frank Wang and Laura Young (collectively Wangs) move, pursuant to Code of Civil Procedure, sections 473, subdivision (a)(1), for leave to file a Second Amended Complaint in the form attached as Exhibit 1 to the Declaration of Anna St. John (Proposed SAC) for the purpose of “add[ing] or adjust[in...

Excerpt: ... 2:3‐6.) Through the Petition, Petitioner contends that “DMV abused its discretion and illegally withdrew Petitioner's driving privilege after her administrative interview appointment when Petitioner demonstrated, through her testimony, that she was not a negligent operator of her vehicle and has no physical or mental conditions which affect her ability to safely drive. The withdrawal of Petitioner's driving privilege is not supported by the ...

Excerpt: ...rcises its discretion to consider Defendant's late‐filed Opposition, which, to the Court's best understanding, requests an evidentiary hearing on the motion and another continuance to allow time to prepare for an evidentiary hearing and to retain counsel. Defendant provides no authority, or showing of good cause, for either request. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without te...

Excerpt: ... negligence asserted in the Third Amended Complaint (“TAC”),4 on the ground that, under Sheen v. Wells Fargo Bank, N.A.. (2022) 12 Cal.5th 905, 915 reh'g denied 2022 Cal. LEXIS 2930 (Cal. June 1, 2022) (“Sheen”), Chase owes no duty of care to Plaintiffs as a matter of law and cannot be held liable for negligence. 4 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on Sep...

Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...

Excerpt: ...CEDURAL MATTERS 1. Initial Moving Papers In an effort to avoid as much confusion as possible, the Court briefly addresses 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 decl...

Excerpt: ...iant verification as to all of its Special Interrogatory Responses no later than 15 calendar days after notice of entry of the present order. Plaintiff moves, pursuant to the Code of Civil Procedure, sections 2030.300, subdivision (a), for an order compelling Defendant EVIG, LLC to produce further responses to Plaintiff's Special Interrogatories, Set One (Subject Discovery) on grounds that Defendant's objections are without merit or too general, ...

Excerpt: ...plaint. 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 belated requests for oral argument or continuance ...

Excerpt: ...rtgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amended Complaint (“FAC”) filed on June 13, 2022 against Movants and Law Office of Les Zieve (collectively, “Defendants”). The demu...

Excerpt: ...n 15 calendar days after notice of entry of the present ruling, sanctions in the amount of $772.50 to Defendant, care of his attorney of record. Defendant Marco Hernandez Peralta moves, pursuant to Code of Civil Procedure, section 2030.290, for an order compelling Plaintiff Elijahnick Brown to provide full and complete verified responses, without objections, to form interrogatories, special interrogatories and requests for production of documents...