Excerpt: ... to the first amended complaint. Default judgment was entered on June 18, 2020. Defendants' motion focuses entirely on events leading up to the People seeking default judgment on June 15, 2020. Defendants present no argument or evidence as to why default should be set aside based on any purported mistake, inadvertence, excusable neglect, or surprise. The motion as to the setting aside of default, therefore, necessarily fails. Turning to the entry...

Excerpt: ...nding Form Interrogatory 17.1 “on the grounds that the discovery requests are relevant to the subject matter of this action, and not subject to any applicable privileges.” Plaintiff also moves for an order that Defendant pay a monetary sanction pursuant to Code of Civil Procedure section 2023.010, et seq., for abuse of the discovery process. Through its opposition, Defendant likewise requests monetary sanctions against Plaintiff. The notice o...

Excerpt: ...to Code of Civil Procedure section 36 and the Court's inherent powers, for an order (1) granting trial‐setting preference to the matter, and (2) setting the trial for a date no later than 120 days after entry of order on the 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 Rul...

Excerpt: ...ross‐Complaint (OCC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each purported claim 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 filed by plaintiffs, and the Cross‐Complaint filed by Defendant JKT Associates in this matter. ...

Excerpt: ... – promise made without intention to perform (Civ. Code, § 1710(4))5 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, 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 d...

Excerpt: ...the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the action pending the completion of arbitration. The motion for an order compelling the Garcias to arbitrate the claims asserted in this action is GRANTED. Cross‐Defendant's request for an order staying the proceedings is GRANTED IN PART. The proceedings are stayed, pending the completion of arbitration, for all purposes othe...

Excerpt: ... moves for an order to remove the Claim of Lien and expunge that certain Notice of Pending Action (Lis Pendens) recorded by Plaintiff, Bowman Construction and Development, Inc. (BCD) affecting the real property commonly known as 1030 Main Street, Napa, California (Property). (Motion at 1:25‐2:4.) This action involves claims by construction contractor BCD against NVOH, owner of the Property, and its tenant in the Property, BNNV, LLC (BNNV) based...

Excerpt: ...ich the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action . . . shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.” As the appellate court stated, “Napa County Code section 1.20.025 allows for prevailing party attorney's fees in civil nuisance abatement actio...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Introduction Defendant General Motors LLC (GM) demurs, pursuant to Code of Civil Procedure section 430.10, to the fifth cause of action for fraud in the inducement based on intentional misrepresentation, and sixth causes of action for fraud in the inducement based on conc...

Excerpt: ...d Stewart Hoffman (collectively Moving Defendants) move the Court for an order staying this action pending resolution of People v. Wysinger, against defendant Ronald Wysinger. The motion is brought on grounds that “defendant Wysinger has asserted his constitutionally protected Fifth Amendment right” and by doing so “is refusing to respond to any discovery, appear for deposition or produce evidence that is material and essential to Defendant...

Excerpt: ...s GRANTED as to Special Interrogatory Numbers 1 and 7, and Request for Production of Documents Number 4. The motion is DENIED as to Request for Production of Documents Numbers 8 and 12. As an initial matter, the Court finds that Plaintiff's counsel made a reasonable effort to meet and confer in order to resolve the issues raised by the present motion. (See Rodriguez Declaration at ¶3; Johnson Decl. at ¶¶3‐5.) As part of this effort, Plaintif...

Excerpt: ..., Inc. (1996) 14 Cal.4th 479 that by filing the cross‐complaint on August 1, 2011, against defendant Timothy J. Long, plaintiff BVK Gaming, Inc.'s (“BVK”) elected to treat Long's purported breaches of the agreement, at that time, as a breach of the contract, thus terminating the contract. According to the Polvora defendants, the four‐year statute of limitations began to run at the time BVK filed its prior lawsuit as it elected at that tim...

Excerpt: ...Confidential” or “Highly Confidential – Attorneys' Eyes Only” by Defendants under the SPO, and thus those documents and any quotations or references thereto may not be publically disseminated.” (Notice of Motion at 2:27‐3:2.) The motion continues, “[t]he parties have an overriding interest in complying with the terms of the May 23, 2019 SPO….” (Id. at 3:2‐3.) Based on this reference, the Court deduces that “SPO” refers to ...

Excerpt: ...�) to show the probable validity of the claim based upon a preponderance of the evidence. (Id., § 405.32.) On June 6, 2020, the Nunns filed a notice of appeal of the January 30, 2020 judgment entered against them, the September 26, 2019 order granting Chase's motion to dismiss, and the April 3, 2020 order denying the motion for a new trial. The Nunns argue “[g]iven the errors attending the motion for new trial and the Nunns' uncontested showin...

Excerpt: ...n the case at bar, courts generally must require an undertaking, or allow a cash deposit, to cover any damages caused by the injunction. (Code Civ. Proc., §§ 529, 995.710.) When the preliminary injunction was entered, the cost of any remedial plan was unknown. The Court adopted a plan on November 1, 2 Webb has not explained why a $75,000 undertaking is appropriate. 2019, for Webb to install a new thirty‐foot long by five‐foot tall I‐beam ...

Excerpt: ...e 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 are evasive or incomplete. The Court rules...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collectiv...

Excerpt: ... shall update the Court on his plans to progress with the project. (2) PLAINTIFFS' MOTION TO QUASH TENTATIVE RULING: Plaintiffs John P. and Wanda McGill's (individually and as trustees for the McGill Family Trust 2018) motion to quash the deposition subpoena for Jim Glomb is GRANTED. The Court mentioned in its November 1, 2019 Minute Order that “Glomb should be made available to allow Webb an opportunity to explore what Glomb believes is occurr...

Excerpt: ...and Cross‐Complainant V2 Wine Group, LLC (V2), on the ground that said sixth cause of action fails to allege facts sufficient to constitute a cause of action. A. Legal Analysis 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...

Excerpt: ... Procedure section 877.6, subdivision (a)(1), and California Rules of Court, rule 3.1382. Moving Defendants' request for judicial notice is GRANTED in its entirety. “[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, the amount paid in settlement, the allocation of settlement proceeds am...

Excerpt: ...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 where the gravamen of the complaint is that the “[d]efendant became intoxicated and thereafter drove a car while in that condition, despite...

Excerpt: ...ll parties, including JMC with notice of the continued hearing. JMC may file and serve, no later than August 10, 2020, an opposition or notice of non‐opposition. Petitioner and Defendant and Cross‐ Complainant Bay Area Surgical Specialists, Inc. (BASS) may each file and serve, no later than August 14, 2020, a reply memorandum addressing any issues raised in JMC's opposition. Plaintiff and Cross‐ Defendant Mindy Marquez, M.D. (Dr. Marquez), ...

Excerpt: .... 19PR000060. Constantine states in her declaration that she communicated through her former attorney that she would hand over to McMullen all vehicle titles and keys in her possession, and upon doing so, she believed “this matter would be over.” As a result, Constantine did not file an answer. The Court understands McMullen's position that the attorney may never actually have represented Constantine, but a belief she was being represented an...

Excerpt: ...and…compel[ling] enforcement of Plaintiff's Acceptance of Defendant's offer of compromise made pursuant to California Code of Civil Procedure section 998.”1 (See Motion at 2:5‐8.) A. Requests for Judicial Notice 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise noted. Defendant's Requests for Judicial Notice labeled A, B, G, H, and J are GRANTED. The Court takes judicial notice of the respective docum...

Excerpt: ...otion for summary judgment is DENIED. Defendant's request for attorneys' fees is DENIED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. Plai...

Excerpt: ...d 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, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Request for Judicial Notice Having considered Damron's request papers and Doe's...

Excerpt: ...or the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request Nos. 1 and 2: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 3: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June...

Excerpt: ...reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 2: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June 28, 2016, wit...

Excerpt: ...aims against CB. For the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: GRANTED. The Court takes judicial notice of the Order Confirming Debtor's and Creditor's Committee's Amended Joint Chapter 11 Plan of Liquidation, filed November 6, 2014, with the United States Bankruptcy Court, Central Dist...

Excerpt: ...e demurrer must be overruled. (Wise v. S. Pac. Co. (1963) 223 Cal.App.2d 50, 76, overruled on other grounds in Applied Equip. Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510, 521.) The rule regarding overruling complaints that are good as to any defendant does not apply to a general demurrer because a defendant may raise at any time the defect that a plaintiff has not stated facts sufficient to constitute a cause of action. (Majestic ...

Excerpt: ...tion and Plaintiff's motion to seal re: reply in support of motion to change designation of various records, Plaintiff is encouraged to file a single set of supplementary documents addressing both motions. Plaintiff Merryvale Vineyards LLC moves for an order sealing certain portions of the moving papers filed in support of its Motion to Change Designation of Various Records, on the grounds that, “the documents attached to the Vorhis declaration...

Excerpt: ... alternative, for summary adjudication of each of the five causes of action asserted through the Complaint on the ground that there is no genuine issue as to any material fact and each cause of action lacks merit. For the reasons set forth herein below, the motion is DENIED. A. Background This case arises out of a so‐called business‐divorce dispute between Defendant wine producer and Plaintiff wine wholesaler. The parties are in accord that, ...

Excerpt: ...otion at 1:22‐24.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “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 of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists ...

Excerpt: ...sponses. The initial responses were instead verified by her counsel. Plaintiff's counsel provides in his declaration in opposition to the current motion that defendants subsequently were served with plaintiff's verifications. (Spohn Decl., ¶ 4.) The court anticipated there might be issues with the initial responses when it noted in its February 27, 2020 Order that because it had “no information as to the adequacy of the responses, it believe[d...

Excerpt: ...l notice of that certain Complaint, filed October 17, 2016, with the United States Bankruptcy Court, Central District of California, Santa Ana Division in Case No. 8:16‐bk‐14186, but not for the truth of matters asserted therein. Request No. 6: GRANTED. The Court takes judicial notice of the Request for Dismissal filed December 20, 2017, in the instant action. Request No. 7: GRANTED. The Court takes judicial notice of the Second Amended Compl...

Excerpt: ...substantial risk of serious financial or other injury if disclosed, and must be sealed in the court's record pursuant to California Rules of Court, Rules 2.550 and 2.551.” (Motion at 2:4‐10.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists...

Excerpt: ...s managers, members, employees, agents, contractors and invitees from accessing Frostfire's property via the existing driveway at 1575 Los Carneros Avenue; and, (b) erecting any barriers or obstacle of any kind upon said driveway. Frostfire moves on grounds that failure to enjoin the subject activities will result in irreparable injury to Plaintiff, and further that no harm to Defendant would result from granting the motion. A. Procedural History...

Excerpt: ...cedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collective...

Excerpt: ...ision (d). (Notice of Demurrer and Demurrer at 2:2‐4.) Respondents next assert that decisions made by Harris and Sandoval are not final administrative orders or decisions for purposes of a writ of mandate pursuant to Code of Civil Procedure section 1094.5. (Id. at 2:5‐8.) Finally, Respondents assert that decisions made by Harris and Sandoval are subject to other plain, speedy and adequate remedies in the ordinary course of law, precluding the...

Excerpt: ...l date sufficiently in the future to take deposition discovery and bring a motion for summary judgment. The motion is, in essence, a motion for reconsideration of the Court's September 26, 2019 decision on the motion to dismiss. The Nunns are seeking to promote waiver and/or estoppel to support further arguments regarding the deadline to bring the case to trial after the remittitur. These arguments are based on facts available to the Nunns and sh...

Excerpt: ...hree calendar days after the submission of Hellman's counsel's trial to the jury or a date thereafter agreeable to the parties. Hellman shall appear, provide testimony, and produce documents at that time. If after taking the deposition more time is needed for discovery related to information learned at the deposition, the parties can discuss whether entering into a stipulation to extend the discovery cut‐off date would be appropriate. The Court...

Excerpt: ...s about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.” (See's Candy Shops, Inc. v. Super. Ct. (2012) 210 Cal.App.4th 889, 900.) The Court is sympathetic to Defendant's complaints regarding the burden stemming from Plaintiffs' counsel's election to submit, as evidence in opposition to the underlying motion for summary judgment, interrogatory responses, rather than preparing and filing – or at...

Excerpt: ...d code‐compliant initial responses, without objections, within 10 calendar days of service of notice of entry of order. Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“T...

Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...

Excerpt: ...ative 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant First American Title Insurance Compan...

Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...

Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...

Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...

Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...

Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...