Excerpt: ... seal (Motion to File Records Under Seal) currently pending. The respective parties moving for demurrer and motion to file records under seal calendared those matters for November 20, 2020. The Court is unavailable that date. Therefore, those matters must be rescheduled. The Court anticipates that it will be efficient to calendar the matters in the following order: 1. Motion to File Records Under Seal; 2. Defendants' respective demurrers to First...

Excerpt: ...ise 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. On September 8, 2020, Plaintiff filed the instant motion seeking an order compelling Defendant John Anthony Truchard to serve further responses to certain of Plaintiff's demands for production of docu...

Excerpt: ...d through Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the obligation underlying the mechanic's lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all iss...

Excerpt: ... Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the alleged obligation underlying the lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all issues relating...

Excerpt: ...ctively codifies the delayed discovery rule in connection with actions for fraud, providing that a cause of action for fraud ‘is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.'” (Brandon G. v. Gray (2003) 111 Cal.App.4th 29, 35.) Plaintiffs adequately allege delayed discovery stemming from the purported fraud. Plaintiffs purchased the new 2012 GMC Sierra 1500 on Ap...

Excerpt: ... justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...

Excerpt: ... (e) and (f), to the first, second, fourth and fifth causes of action asserted through the First Amended Cross‐Complaint (FACC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each fails to state facts sufficient to constitute a cause of action and each is uncertain, ambiguous, and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint file...

Excerpt: ...ct of California. 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 request...

Excerpt: ...ormation would have been a motion to compel. (See Code Civ. Proc. §2025.480.) 6 Code of Civil Procedure section 340.5 contains a three‐year limitations period after death or oneyear period after discovery of the injury causing death in which to file suit. Defendant argues section 340.5 bars the action. The argument fails. Decedent passed away on September 22, 2017. Plaintiffs filed their complaint on September 21, 2018, followed by the first a...

Excerpt: ...5,000, which exceeds the limited civil jurisdictional amount. Although defendant 3030 Airport Road, LLC strongly disagrees and questions the veracity of the evidence, the County explains why it took so long to seek reclassification due to attorney oversight. The Court is cognizant of defendant's purported prejudice in not being able to prepare a fair market value defense, but any such prejudice can be remedied by re‐ opening discovery on this l...

Excerpt: ... would require bifurcating the issues raised by the Petition and setting an evidentiary hearing on the foregoing causes of action. However, Petitioner's moving papers do not address either issue. Therefore, the Court would like additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. Petitioner...

Excerpt: ...al.App.4th 742, 749; McAllister v. Cnty. of Monterey (2007) 147 Cal.App.4th 253, 280.) Defendant Mindy Wyman's demurrer to the entire first amended complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff Stacee Cootes indicates she does not oppose the demurrer as to this individual defendant. (Opp. at p. 7:28: n.2.) Defendant Wyman Property Management's (WPM) demurrer to the first cause of action for negligence on the ground of failure to state ...

Excerpt: ...h cause of action. The motion is GRANTED with 30 days' leave to amend as to Plaintiff Chadbourne on the third cause of action. The Court STRIKES the allegations of the seventh and tenth causes of action, rendering the motion moot as to these. Finally, the motion is DENIED as to the Plaintiff Chadbourne on the fourth cause of action, and as to both Plaintiffs on the eighth cause of action. A. Request for Judicial Notice Defendants' Request for Jud...

Excerpt: ... not permitted. 2 Respondent's Request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the relevant portions of: (1) the June 13, 1995 Assembly on Committee Safety History for Senate Bill 814; (2) 1995 Legislative Digest for Senate Bill 814; (3) June 9, 1998 Assembly Bill Committee Analysis of Senate Bill 2139; and (5) Napa County Code section 1.28. The Court declines to take judicial notice of the Napa County Superior ...

Excerpt: ...ily fails. Defendant's motion for summary adjudication as to the first cause of action for disability discrimination – wrongful disciplinary action (Gov. Code, §§ 12926, 12940, et seq.) and third cause of action for disability discrimination – wrongful termination (Gov. Code, §§ 12926, 12940, et seq.) on the ground Klaus cannot establish a prima facie case of disability discrimination [Issues No. 1, 5] is DENIED. “To establish a prima f...

Excerpt: ...orted causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.) A. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed with the California Superior Court in and for the County of San Francisco in...

Excerpt: ...spirit of antitrust laws, which plaintiff Robert Jordan does not allege. Defendants correctly cite the law on the issue: “When a plaintiff who claims to have suffered injury from a direct competitor's ‘unfair' act or practice invokes section 17200, the word ‘unfair' in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable...

Excerpt: ...n the grounds that the Complaint fails to allege facts sufficient to establish a dangerous condition of public property, fails to allege that a dangerous condition of public property caused his injuries, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A demurrer is treated as “admitt...

Excerpt: ...s judicial notice of the official records of the California Secretary of State for the corporate status of Green Future, LLC, but for no other purpose. All other requests for judicial notice are DENIED on the ground that none are relevant to the Court's resolution of the issues raised by the demurrer. Plaintiff's requests for judicial notice are GRANTED. The Court takes judicial notice of the Articles of Organization – Conversion, and the LLC �...

Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...

Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...

Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...

Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...

Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...

Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...

Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...

Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...

Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...

Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a 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”];...

Excerpt: ...nt James R. Trumble moves the Court for summary judgment, or in the alternative summary adjudication of the causes of action asserted against him by the Complaint of Plaintiff Robert Alaniz.1 Through the Complaint, Plaintiff alleges that while he was delivering mail to a business owned by Defendant Regan and Sons, Inc., a dog named Juno owned by Trumble ran out of the 1 Defendant's Notice of Motion indicates that he seeks summary adjudication of ...

Excerpt: ...lic entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his employment.” The undisputed facts establish that the injury in question arose from the negligent act of Mr. Duarte, a person who was not an employee of Defendant Merced County Office of Education. This shifts the burden ...

Excerpt: ...g grounds: (1) the limitation‐of‐liability provision (“LOL”) in the written agreements between Blackburn/Crawford and plaintiff Spring Mountain Vineyard, Inc. is enforceable; (2) Blackburn/Crawford did not commit gross negligence and, as such, the alleged gross negligence is not a proper basis for not enforcing the LOL; and (3) whether or not Blackburn/Crawford did commit gross negligence, the LOL's prohibition on the recovery of conseque...

Excerpt: ...umber 30 seeks copies of the NCSD's policies, procedures, and training for use of force from 2009 to the present. (Podrobinok Decl., Ex. 1 at p. 8.) The NCSD opposes. A. Statement of Facts In 2018, Albert Wong entered a building at the Veteran's Home of California in Yountville armed with a loaded semi‐ automatic weapon and dressed in tactical gear. (Third Amended Compl., ¶¶ 59, 66‐67.) The combat veteran entered a room and allowed certain ...

Excerpt: ...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 argument. A. Background Defendants John L. Miller, Oakmont Investments LLC, the Miller Alaska Trust, Tim Wall, TKW Resort Hold...

Excerpt: ... days of notice of entry of this order, sanctions in the amount of $1,810.00. Defendant and Cross‐Complainant Peter Peletta moves the Court for an order compelling Plaintiff Francis Wang to respond to Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, and for monetary sanctions. Through her opposition, Plaintiff acknowledges that on or about February 19, 2020, Defendant served her with Supplemental Form In...

Excerpt: ... Autovest, L.L.C. (Autovest) and Cross‐Defendant First Investors Financial Services, Inc. (First Investors) (collectively Cross‐Defendants) move the Court, pursuant to the Federal Arbitration Act, for an order compelling Defendants and CrossComplainants Garcia and Asuncion Garcia (collectively the Garcias) to arbitrate the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the a...

Excerpt: ...ocal 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 Notice of Motion fails to state the specific grounds on which the motion is sought. (Code Civ. Proc. §1010; Rules of Ct., rule 3.1110, subd. (a).) The Notice of Motion states that “Plaintiff Merchant Cash and Capital, LLC…move[s] the court for an order setting aside the judgment of dismissal entered o...

Excerpt: ... p. 1:6.) The notice of motion also does not identify the statutory basis allowing a motion to modify a bond amount for a preliminary injunction to be brought. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(a).) Assuming there is a basis, defendants argue the injunction bond was not sufficient to cover their damages. Defendants want the bond amount to require plaintiffs to provide for regular monthly payments to them. Defendants, how...

Excerpt: ...0 a.m. in Dept. B. Each party may serve and file, on or before September 9, 2020, a supplemental brief, no longer than 15 pages, addressing the issues identified herein below. Each party may, on or before September 16, 2020, submit a Supplemental Reply, no longer than 10 pages, addressing arguments raised by the other party. The Court reserves all other issues for subsequent proceedings. Petitioner seeks a “writ of mandate…directed to Respond...

Excerpt: ...rocedures 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. Defendant and Cross‐ Complainant Laura Young moves the court pursuant to Code of Civil Procedure section 2030.300 for an order compelling Plaintiff and Cross‐Defendant Martha Kongsgaard to provide further answers to certain form interrogatories on the grounds that the answers given ...

Excerpt: ...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 theory of liability in order to fashion an appropriate response. Defendants' demurrer to the first cause of action for battery on the ground of failu...

Excerpt: ...ections 1281.2, and 1281.4, and the Federal Arbitration Act, for an order compelling 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 History The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Dr. Marquez, pursuant to the terms of a written employment agreement. ...

Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...

Excerpt: ...ant did enter into the contract, Plaintiff must allege whether the contract was oral or written and all of its material terms. As to the second cause of action for fraud, it fails similar to the first cause of action, in that no facts are set forth against Defendant Ireton. Additionally, a fraud claim must be specifically pled. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfi...

Excerpt: ...f notice of entry of the present order. Clerk is to provide said notice. 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...

Excerpt: ...and form interrogatories (employment law) (set one) numbers 200.1‐200.6, 201.1‐201.7, 207.1‐207.2, 208.1‐208.2, 209.2, 211.1‐ 211.3, 215.1‐ 215.2, and 216.1. Craig acknowledges the motion as to these requests is moot after defendant A Wine Valley Experience Limousine Ind. (dba Napa Valley Tours and Transport) served amended responses to each of the requests to the motion. (Keister Decl., ¶ 12; Reply at p. 3:10‐16.) Craig's motion t...

Excerpt: ...the terms of the signed settlement agreement, and awarding sanctions sufficient to reimburse Nicholsen for his reasonable attorneys' fees and costs incurred in connection with the within motion.” (Notice of Motion at 1:24‐2:2.) In opposing the motion, Plaintiff argues that “there was not a meeting of the minds with respect to agreeing on a location of the amended easement before submitting the lot line application to Napa County.” (Opposi...

Excerpt: ...ees. Jury Trial is set for December 14, 2020, 8:30 a.m. in Dept. A. The Mandatory Settlement Conference is set for November 5, 2020, 8:30 a.m. in either the Settlement Conference Room, or by Zoom. 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...

Excerpt: ...9 (SPO), from “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY” to “CONFIDENTIAL” of those portions of the Contribution and Equity Purchase Agreement between Defendants V2 Wine Group, LLC and Delicato Vineyards, and the national distribution agreement between Defendant Delicato and third party Southern Glazers Wine & Spirits, that are identified in Exhibit A to Plaintiff's Motion. The motion is DENIED as to all other matters. “Unless other...

Excerpt: ... acts of third parties.” (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213.) “[T]he existence and scope of a property owner's duty to protect against third party crime is a question of law for the court to resolve.” (Ibid.) Plaintiff Bobby Carlson alleges Starbucks had a duty to protect him from defendant Nicholas Zazzarino's criminal conduct because heightened foreseeability existed based on various shootings that have taken place at other...