Excerpt: ...g 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 present at the hearing. Defendants Home Care Assistance, Inc., Home Care Assistance, LLC, and The Key Management, LLC move, pursuantto Code of Civil Procedure, sections 1281 et se...

Excerpt: ...nt to Code of Civil Procedure, section 473, for an order setting aside the entry of default and default judgment entered against it in this action. While the moving party includes a reference to a court's tentative ruling system, that notice c:ites to the incorrect local rule. Moreover, moving party failed to include, in the notce of this motion, the Tentative Ruling notice explicitly required by Rule 2.9. The moving party is therefore directed t...

Excerpt: ...s' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed...

Excerpt: ...to be filed under seal would relieve them of their obligation to serve unredacted versions thereof on Petitioner. (See, e.g. Notice of Motion at 2:13-14 ["[i]f the Declarations are not sealed, Respondents will be severely prejudiced because the public and the opposing party will have unwarranted access to their financial information"].) Respondents provide no authority suggesting that a finding pursuant to Rules of Court 2.5fl is sufficient to ex...

Excerpt: ...g claims against Compass to arbitrate those claims on grounds that Compass, Plaintiff Steven Mavromihalis, and Cross- Complainant Damian Archbold, are parties to an arbitration agreement that encompasses the claims asserted against Compass in this action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immedi...

Excerpt: ...s, pursuant to Code of Civil Procedure section 387, subdivision (d), for leave to intervene in this action by filing the Cross-complaint in Intervention attached as Exhibit 1 to the Declaration of Katharine Falace. "The Cross-complaint in Intervention asserts three causes of action: 1) Due Process Violation of the Fourteenth Amendment of the US. Constitution and California Consttution - Cal. Const. Art. 1, S 7, U.S. Const„ l, XIV, 42 U.S.C. S 1...

Excerpt: ...reto from the Third Amended Complaint filed by Elsa Espinosa (EE TAC) and the Second Amended Complaint filed by Robert Espinosa (RE SAC) in this consolidated action.l Defendant so-moves on the grounds that "[ulnder California law, loss of consortium damages for loss of filial relations are not recoverable by a parent for the death of an adult child in a wrongful death action." (See Notice of motion at 2:9-10, emphasis omitted.) A. LEGAL ANALYSIS ...

Excerpt: ...a.m. in Dept. A. Defendant Thomas Rivers Brown moves, pursuant to Code of Civil Procedure section 1281.4, to stay further Superior Court proceedings pending arbitration and to vacate the current trial date. Defendant so moves on the grounds that: (1) the claims before this Court and those ordered to arbitration have overlapping issues; and (2) a stay would serve the interests of justice and promote judicial effciency. Where the Court orders some,...

Excerpt: ...Interrogatories nos. 15.1 and 17.1; and (3) special Interrogatories nos. 12, 14, 15, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30, 32, 33, 35, 38, 39, 41, 72, and 75. The Motion is DENIED WITHOUT PREJUDICE as to: (1) Construction Form Interrogatories no. 303.3 as to Silver Rose GP, LLC; (2) Special Interrogatories nos. 8, 36, 42, 44, 45, 47, 48, 50, 51, 53, 54, 55, 57, 59, 50, 62, 63, 65, 66, 68, 69, 71, 74, 77, 78, 80, 82, 86, 90, 92 as to Silver Rose...

Excerpt: ...ss-Defendant Vesta Pacific Development, Inc. ("Vesta Pacific") and Nos. 1-10, 12-19, 22-30, 32, 35-38, 40-42 and 44 as to Defendant Third Street Napa Development, LLC ("Third Street"); and (2) the request to compel further responses to Form Interrogatory Nos. 12.1, 16.1, and 17.1 with respect to Request for Admission No. 1 and *cial Interrogatory Nos. 1, 4, 5, 12, 13, 14, 16, 19 and 22. The motion is DENIED as to Request for Production Nos. 21, 2...

Excerpt: ... produced all responsive documents in his possession, custody, and control; (2) produce all documents in accordance with his statement of compliance; (3) serve amended verified responses to the Form and Special Interrogatories which are as complete and straightforward as the information reasonably available to the responding party permits; and (4) pay to Defendant, care of his attorney of record, sanctions in the amount of $4,680. A. Introduction...

Excerpt: ...objection in response to the Foundation's Request for Production of Documents, Set One and failure to prov-de Code-compliant responses to the Foundation's Special Interrogatories Set One and Dr. White's Special Interrogatories Set One, in violation of this Court's Order granting in part Defendants' Motion to Compel Responses." (Notice of Motion at 2:6-11.) Defendants further move, pursuant to Code of Civil Procedure, sectons 2031.300, subdivision...

Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint." (S 438, subd. The Answer raises the affrmatve defense of failure of consideration. Plaintiff does not address the issue through the moving papers. As such, Plaintiff fails to establish that the answer does not state facts suffcient to constitute a defense to the Complaint. Moreover, it appears that Plaintiff seeks relief that is not available through a motion for judgm...

Excerpt: ...s filed July 20, 2023, in this action. The Court finds that the motion was timely filed. "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).)l In order to recover costs, the prevailing party is required to file and serve a memorandum of costs. (Rules of Court, rule 3.1700, subd. (a).) "Any notice of motion to stri...

Excerpt: ...ND (2) SECOND, THIRD, AND THIRTEENTH AFFIRMATIVE DEFENSES TO CROSS-COMPLAINT [3] MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION OF CROSS-COMPLAINT AGA NST CROSS-DEFENDANT RLM CONSTRUCTION SERVICES, INC. [4] RENEWED MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FIRST, SECOND, AND THIRD CAUSES OF ACTION OF CROSS-C...

Excerpt: ...motion for change of venue. The Court hereinafter refers to this document as the Declaration. On September 18, 2023, Plaintiff filed a "Motion for Order Trasnfering [sic] Case to Orange County Jurisdiction based on CCP S 397 & Renewal of Motion CCPS 571.44." The caption of this document indicates a hearing date of October 11, 2023. The Court hereinafter refers to this document as the Motion. By Minute Order dated October 11, 2023, the Court conti...

Excerpt: ... of action for breach of fiduciary duty (twelfth) asserted against them through Plaintiff's Fourth Amended Complaint on grounds that, (1) the claim is barred by collateral estoppel, and (2) Defendants are immune from liability. (Notice of Motion at 1:24-2:6.) The subject claim appears to be the only one asserted by Plaintiff against these moving defendants through the Fourth Amended Complaint (FAC). Moving Defendants' Request for Judicial Notice ...

Excerpt: ...second phase) is GRANTED. Respondent's motion for a Protectve Order pursuant to Civil Code section 3295, subdivision (a) is therefore MOOT. Respondents and Defendants Deborah Jeanne Miller, trustee and a beneficiary of the Miller Family Trust (Trust), Suzanne aimee Regan, a beneficiary of the Trust, John Reagan, and David Zuckerman apply, ex parte, for: (1) a protective order pursuant to Code of Civil Procedure, section 3295, subdivision (a); and...

Excerpt: ... Defendants waived any objection to the defect by failing to raise such objection and by submitting a notice of non- opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 cal.App.3d 925, 930.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call ...

Excerpt: ...laim of lien, as required pursuant to Civil Code section 8460. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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...

Excerpt: ...rly before the Court. A. PRELIMINARY MATTERS Defendant Tudal Winery, LLC moves, "for an Order granting its Motion to Compel Request for Production - of Documents, Set Three as filed herewith, and Request for Sanctions." (Notice of Motion at 1:25-26.) The statement is circular and of no assistance to the Court in attempting to understand the precise nature of the relief sought by the motion. "A notice of motion must state in the opening paragraph ...

Excerpt: ...dants/cross- Defendants Michael L. Holcomb and Maria C. Holcomb (collectively "Defendants") move for an order allowing the Defendants to file Amendments to their Answers to include affrmative defenses of (i) an implied easement and (ii) an equitable easement. The Court has discretionary authority to permit a party to amend any pleading upon any terms as may be just. (Code Civ. Proc., S 473, subd. (a)(l).) Plaintiffs Eugene Traverso, Jr. and Joan ...

Excerpt: ... each of Plaintiff's causes of action on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. We Is Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party moving for summary judg...

Excerpt: ...f $37,955 plus an award of costs in the amount of $777.60 against Plaintiff Charleen Wignall-Ewing on grounds that Miroglio successfully moved to strike pursuant to the cited code section and an award of fees is therefore mandatory. Defendant further seeks an award of $11,610 in fees and costs relating to the preparation and filing of the present moton and $3,825 m relating to the preparation and filing of the reply papers relating to the present...

Excerpt: ...at cause of action. A plaintiff may move for judgment on the pleadings on grounds "that the complaint states facts suffcient to constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (Code Civ. Proc. S 438, subds. (b)(l) and (c)(1)(A).) "To state a cause of achon for breach of contract, [plaintiff] must plead the contract, his performance of the contrac...

Excerpt: ...ds that (1) Defendant's memorandum of costs is untimely, (2) not all costs sought were reasonably necessary to the conduct of the litigation, (3) expert fees have not been ordered by the Court and should not be ordered for costs incurred following Defendant's "token" Code of Civil Procedure section 998 offer, and (4) some of the costs sought are not recoverable under the law. A. Applicable Law "Except as otherwise expressly provided by statute, a...

Excerpt: ...or trial within 120 days, or at the earliest possible day thereafter. Defendant so-moves on grounds that he is 81 years of age and therefore entitled to preference as a matter of law. "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the pa...

Excerpt: ...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 present at the hearing. The notice of motion fails to state the nature of the relief sought and the grounds upon which that relief is sought. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a ne...

Excerpt: ...uesting 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 present at the hearing. Defendants Home Care Assistance, Inc., Home Care Assistance, LLC, and TheKey Management, LLC move, pursuantto Code of Civil Procedure, sections 1281 ...

Excerpt: ...e trial court and, "will not be disturbed on appeal absent a clear showing of abuse." (Branick v. Downey Savings & Loan Association 39 Cal.4th 235, 242.) However, "[i]f the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is errorto refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defe...

Excerpt: ...of the Estate of James Richard Dunathan (Estate), and in her capacity as the Trustee of the James R. Dunathan and Dianne R. Dunathan Revocable Trust (Trust), demur as follows to the Third Amended Complaint (TAC).I, 2 The TAC asserts, against each Defendant, causes of action for (First) Breach of Contract, (Second) Breach of Fiduciary Duty, (Third) Fraud/Deceit, (Fourth) Unlawful Business Practices, (Fifth) Negligent Misrepresentation, and (Sixth)...

Excerpt: ...expired ended prior to the service of the subject subpoena.2 "If a subpoena requires... the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notce and an opportunity to be heard, may make an order quashing the entirely, modifying it, or directing compliance with it upon those terms or c...

Excerpt: ...he basis for this motion is that Plaintiff had five years to bring this action to trial. Those five years, excluding the period where this action was on appeal, have now expired, and no trial date is set." (Notice at 2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missin...

Excerpt: ...7, 2023, Plaintiff filed a Notice of Appeal ofthe Judgment. Nevertheless, the Court finds that it has jurisdiction to hear the present motion. (See Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 360 ["trial court 'retains jurisdiction to hear a motion for attorney fees despite an appeal'"].) "In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorn...

Excerpt: ... quashing service of the Complaint by Publication is MOOT. Defendant is granted 30 calendar days to file a pleading in response to the Complaint filed by Plaintiff on May 20, 2021. Defendant Jacob Mills moves for an order setting aside the entry of default and default judgment and further moves for an order quashing service of the Complaint by Publication. "The Motion to Set Aside Entry of Default and Default Judgment and Moton to Quash Service o...

Excerpt: ... or law which have come to light and were not able to be presented at the time of the making and hearing of the prior motion." (Notice of Motion at 1:24-2:3.) Movant brings the motion on grounds that, "there are new and different facts that have arisen, and such facts establish and confirm that there is ample good cause for the relief, and on the grounds that the Defendant would be severely prejudiced absent such relief, and Plaintiffs would suff...

Excerpt: ...in the form of a default judgment, against RLM and REYES; or, alternatively 2) imposing evidence, issue, and monetary sanctons pursuant to Cal. Civ. Proc. Code S (Notice at 2.) "This Motion is made pursuant to Code of Civil Procedure Cal. Civ. Proc. Code S 2023.010 on the grounds that RLM and REYES have willfully refused to respond to THIRD STREET's written discovery in defiance of this Court's Order of January 25, 2022 compelling RLM and REYES t...

Excerpt: ...s set forth in the Second Amended Complaint (SAC). Individual Defendants contend that each ofthe IIED and Wrongful Death Claims is barred by governmental immunity and workers' compensation exclusivity and because Plaintiff fails to allege facts sufficient to state a claim. (See Notice of Demurrer at 2:5-10.) This represents the Individual Defendants' third demurrer to these causes of action. The Court sustained each of the previous demurrers, as ...

Excerpt: ...ird Street's costs and attorney's fees incurred in prosecuting Syar's affirmative claims against Defendants RLM Construction Services, Inc. ("RLM") and Michael Reyes ("Reyes") and (2) all fees incurred in connection with the instant Motion. Specifically, Third Street requests that the Final Judgment be amended to reflect Third Street's entitlement to recover its attorney's fees in the amount of $83,032.00 and costs in the amount of $2,353.58. Thi...

Excerpt: ...iscussed below. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Duffy's Napa Valley Rehab, LLC (DNVR) demurs, pursuant to Code of Civil Procedure, section 430.010, to the First Cause of Action for Sexual Harassment / Violation of Unruh Act (Sexual Harassment Claim) , Fourth Cause of Action for Negligent Hiring, Retention, and Supervision (Negligent Hiring Claim), Fifth Cause of Action for Premises Liability, Sixt...

Excerpt: ... pursuant to Code of Civil Procedure sections 2025.410, 2025.420, and 2031.050, for an order staying AIGSlC's Person Most Knowledgeable ("PMK") deposition and quashing the deposition notice and a protective order prov-ding that AIGSIC need not sit for the deposition or produce documents in response to Plaintiffs' recent discovery requests. The motion is brought "on the grounds that allowing the depositions to proceed as noticed would subject Defe...

Excerpt: ... cause of action for Determination of Invalidity of Sixth Amendment to Miller Family Trust Based Upon Undue Influence (Civil Code section 1575) asserted against her through the Third Amended Petition and Complaint (TAPC) filed October 2, 2020. The moton is DENIED in all other respects. A. PRELIMINARY MATTERS Respondent, the trustee and a beneficiary of the Miller Family Trust (Trust), moves, pursuant to Cade of Civil Procedure section 437c, for s...

Excerpt: ... to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under ü)cal 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 present at the hearing. Plaintiff Jack Wet...

Excerpt: ...to any of the Defendants; 2. Enjoins and restrains the Defendants, their agents, attorneys, or assigns from instituting any action or proceeding in any state or federal court against Jackson related to the life insurance policy or the policy proceeds; 3. Directs any party, person, or entity to whom any portion of the proceeds with the Court is eventually disbursed to (1) advise Jackson's counsel of record of the amount, and (2) provide Jackson's ...

Excerpt: ...9. The moving party is therefore 1 All subsequent statutory references herein are to the Government Code unless otherwise noted. directed to immediately prov-de, 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 represent...

Excerpt: .... "The Cross-complaint in Intervention asserts three causes of action: 1) Due Process Violation of the Fourteenth Amendment of the U.S. Constitution and California Consttution - Cal. Const. Art. 1, S 7, U.S. Const„ l, XIV, 42 U.S.C. S 1983; 2) Declaratory Relief; and 3) Violation of Equal Protection Clauses of California and U.S. Constitution - Cal. Const. art 1, S 7, 42 U.S.C. S 1983." (Notice at 1.) A. Mandatory Intervention is Denied Because...

Excerpt: ...ument 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 present at the hearing. [2] ANDREW TUCK BECKSTOFFER'S MOTION FOR RELIEF FROM FEBRUARY 24, 2023 ORDER AND FROM JULY 18, 2023 ORDER TENTATIVE RULING: The request for relief from the February ...

Excerpt: ...t Allegations) from Plaintiff's Second Amended Complaint (SAC) on grounds that the allegations are irrelevant, false or improper, "including allegations which are at variance with prior factual allegations and incorporated documents contained in earlier pleadings...." (Notice of Motion at 2:23-28.) Defendants clarify the nature of the motion through their Memorandum filed in support thereof (Support Memo). "This Motion to Strike is addressed to t...

Excerpt: ...Case No. 21CV000226 ('226 FAC). Defendant requests entry of judgment, with leave to amend, on grounds that: (a) Plaintiffs each failed to allege valid standing under the applicable wrongful death statute; and (b) the subject "complaints fail to state facts sufficient to constitute a wrongful death cause of action against defendant for loss of filial consortium (parent's loss of a child) damages." (Notice of Motion 2:4-14.) A. LEGAL BACKGROUND A m...

Excerpt: ...0. Defendants are directed to provide notice of entry of order. Defendants M7 Wine Solutions, Inc. and Alexander Thomas Dolson (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 1987.1 and 2025.480, for an order directing non-party DPG Trucking Inc. ("DPG Trucking") to comply with two deposition subpoenas for production of business records issued by Defendants on or about June 2, 2023 and June 20, 2023 (collectively, ...

Excerpt: ... ordered to meet and confer regarding mutually agreeable trial dates and be prepared to discuss these dates with the Court at the hearing. Plaintiffs Eugene and Joan Traverso ("Plaintiffs") move, pursuant to Rule 3.1332 of the California Rules of Court, to contnue the November 13, 2023 trial in this matter for four months. Contrary to Plaintiffs' representation, "continuances of trials are disfavored." (Rules of Court, rule 3.1332, subd. (c).) "A...

Excerpt: ...hich the attachment is based. [41 (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [q] (4) The amount to be secured by the attachment is greater than zero." (Code Civ. Proc. S 484.090, subd. "Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where th...

Excerpt: ...Plaintiffs and Defendants Okell Holdings, LLC, Jason Anderson, and Lisa Lawley ("Defendants") and embodied in the Binding Settlement Term Sheet and full-form Settlement Agreement and Release; (2) an order determining that proposed site #2 for the relocated shooting range is the site most consistent with the parties' settlement agreement; (3) an order directing that site #2 be incorporated into the parties' full form settlement agreement; (4) an o...

Excerpt: ... on August 16, 2023.1 Petitioner further requests an award of attorneys' fees, pursuant to Code of Civil Procedure section 1987.2, subdivision (a), in the amount of $2,160 on grounds that "any opposition to this motion is without substantial justification." (Notice of Moton at 2:10-13.) Through the Opposition, Respondent requests an award of attorneys' fees pursuant to the same authority. 1 All statutory references herein are to the Code of Civil...

Excerpt: ...ED with respectto Exhibit 81 to the AIG Coffin Declaration. The Court Clerk is directed to file under seal Exhibits 30, 57, 62, 67, 78, 79, and 87 to the AlG Coffin Declaration, Exhibit 4 to the AlG Kaminski Declaration, Exhibits 8 and Eto the Voronin Declaration, Exhibits 7, 8, 9, and 14 to the Arch Ridley Declaration, and Exhibits I(b) and I(c) to the Homeland Compendium. The Court Clerk is further directed to remove from conditional sealing an...

Excerpt: ...onomy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order ... that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." (Code Civ. Proc, S 598; see also S 1048, subd. (b).) "The alter ego doctrine is strictly limited by the demands of equity; it applies 'only in narrowly defined circumstances and only w...

Excerpt: ...division (a), for terminating sanctions against Plaintiff Maria RINlriguez, dismissing Plaintiff's claim with prejudice, on grounds that "Plaintiff repeatedly violated this Court's order compelling her to serve code-compliant discovery responses and to pay monetary sanctions; failed to prosecute or participate in the lawsuit; and failed to respond to any communication from this defendant related to to discovery, among other issues." (Notice of Mo...

Excerpt: ...IED. The Court orders the Clerk to STRIKE the First Amended Complaint filed on July 25, 2023 on the grounds that it was filed without leave of Court. (Code Civ. Proc, S 435, subd. (b).) Plaintiff is granted 5 Court days' leave to file the First Amended Complaint in substantially the same form as attached as Exhibit A to the Thomas Decl. Plaintiff Daniel Novella moves, pursuant to Code of Civil procedure section 473, subdivisions (a)(l) and (2), f...

Excerpt: ...t be held in contempt of this Court's order to pay sanctions. The Court finds that the Declaration of Matthew R. Mraule is suffcient to make a prima facie showing of (1) a valid order, (2) the alleged contemner's knowledge of the order, and (3) noncompliance. (See Inland Counties Reg'l Ctr„ Inc. v Super. Ct. (2017) 10 CA5th 820, 827.) Defendants are directed to submit a proposed order to show cause (OSC) re contempt that is directed to the accu...

Excerpt: ...rey Willis. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 ...

Excerpt: ... and "Plaintiff does not have the capacityto sue (C.C.P. 430.1(b)) because he has already compromised his claims and said compromise was approved by a judge of the Worker's Compensation Appeals Board." (See Demurrer.) By Minute Order dated July 25, 2023, the Court sustained with leave to amend Tesla's previous demurrer to Plaintiff's original complaint on the ground that all four of Plaintiff's causes of action were barred by the Worker's Compens...

Excerpt: ...f Civil Procedure secton 437c, for summary judgment on Plaintiff's Complaint, or in the alternative, summary adjudication on each of the three causes of action asserted against Mahers therein. Mahers so- move on grounds that undisputed evidence establishes that Plaintiff "purchased his property...in 2021 knowing [Plaintiff] had no easement rights to use a private driveway...on the Mahers' property" and as a result, Plaintiff is unable to prevail ...

Excerpt: ...dar days of service of notice of entry of order, sanctions in the amount of $1,21W. Plaintiff is ordered to provide notice to Defendant. 1 The Court acknowledges Footnote 2 in Plaintiffs' Reply brief which states that "[t]here is no dispute among the parties that . . does not . Exhibits 8 and E to the Voronin Declaration may be sealed." (Reply at 2.) However, this remedy the notice defect because (1) it is not a waiver by Voronin, as it is merely...

Excerpt: ...ice of Non-opposition, filed on or before September 20, 2023, the matter will be CONTINUED to September 26, 2023 at 8:30 a.m. in Dept. A. As the Motion stands, August 23, 2023 was the last day for service, by electronic means, of a notice and papers filed in support of a motion set for hearing on September 19, 2023. (See Code Civ. Proc., SS 12c, subds. (a) and (b), 1005, subd. (a), and 1010.6, subd. (a)(3)(B).) The evidence of service before the ...

Excerpt: ... the Property was destroyed by the Atlas Wildfire. State Farm paid the Daniels $2,295,697.48 in benefits for coverage A (Dwelling), and for coverage 8 (Contents). The Daniels filed this action against State Farm and Agent Samrick on October 25, 2018. Trial began on September 26, 2022. Following the presentation of evidence, the Court granted a Motion for a Directed verdict on the negligence claim against State Farm. The Jury found that Agent Samr...

Excerpt: ...e alter ego allegations are insufficient is OVERRULED. Defendants Kalaris and Kalaris Family Vineyard LLC's ("LLC") (collectively, "Defendants") demurrer as to the first cause of achon is OVERRULED. Defendants' demurrer as to the second, third, fourth, and fifth causes of action is SUSTAINED. Plaintiff is granted 10 days' leave from notice of entry of order to amend. (See Rules of Court, rule 3.1320, subd. A. Introduction Kalaris generally demurs...

Excerpt: ...aith and fair dealing, bad faith denial of contract, breach of fiduciary duty, and constructive fraud on grounds that allegations in the Complaint, "negate the existence of a partnership" and that "any purported partnership was superseded by the alleged creation of limited liability companies." (Notice of Demurrer at i:11-14.) Defendant demurs to the claim for bad faith denial of the existence of contract "because no such cause of achon exists un...

Excerpt: ...Judgment), for an order enforcing the Judgment by "(1) adopting the People's proposed restitution notice form; (2) compelling Defendant to produce declaration under penalty of perjury that it exercised reasonable diligence in compiling its list of restitution eligible customers; and (3) requiring Defendant to replenish the restitution fund for the costs incurred in reprinting the restitution notice form which were caused by Defendant's unjustifia...

Excerpt: ...ed dates. Plaintiff Larry Bratcher moves for an order vacating the Mandatory Settlement Conference, Trial Management Conference, and Trial Dates in the matter, and setting the matter for a Case Management Conference for purposes of setting a new trial date. Plaintiff further requests an order that all discovery cutoff dates will be recalculated from the continued trial date. The Court has a statutory "responsibilityto eliminate delay in the progr...

Excerpt: ...n, 1:18-25 and 3:8-14.) The motion is DENIED in all other respects. Defendant Bruce Miroglio moves, pursuant to Code of Civil Procedure, section 425.16, for an order striking Plaintiff's First Amended Complaint, and for an award of attorneys' fees. Defendant so moves on grounds that Plaintiff's achon against Miroglio is based on acts taken in furtherance of Miroglio's rights to petition or free speech in connecton with a public issue. "The specia...

Excerpt: ...e burden of persuasion that there is no triable issue as to a material fact. (Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant meets this burden by showing that one or more elements of plaintiff's cause of action cannot be established, or that there is a complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima-facie showing of the nonexistence of any triable issue of material...

Excerpt: ... pleadings. A. Preliminary Matters Plaintiff Michael Phegley moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to "amend/file a First Amended Complaint for the sole purpose of adding a class representative." (Notice of Motion at 2:1-2.) However, there is no indication in either the Complaint or proposed amended complaint that the action is being brought on behalf of a class. Rather, it appears from the moving papers that ...

Excerpt: ...es thereto. Defendants' Request for Judicial Notice is GRANTED as to Exhibits A and C, but not for the truth of matters alleged in those exhibits, GRANTED as to Exhibit B and DENIED as to Exhibit E. 8. LEGAL ANALYSIS To adequately state a claim for pun-tive damages, a complaint must contain allegations that the defendant has guilty of oppression, fraud or malice. (Civil Ctxle S 3294, subd. (a) (Section 3294); Turman v. Turning Point of Central Ca...

Excerpt: ...However, the operative complaint is the Amended Cross-complaint filed August 16, 2022. (See, e.g., Notce of Motion at 2:5, 9.) The Cross-complaint contains no third cause of action and no cause of action for Nuisance. For these reasons, the Court existence of a prescriptive easement over property owned by Cross-Defendant the Napa Land Trust (Land Trust); and (2) the Land Trust's "conduct on [sic] making alterations to the Subject Roads...were unr...

Excerpt: ...n September 28, 2023, a Sur-Reply consistent with the following. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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, t...

Excerpt: ... truth of all matters asserted in, and the genuineness of documents attached to Plaintiff's Request for Admissions. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argumen...

Excerpt: ...espondents' motion is statutorily authorized. 80th sides submitted supplemental briefing. Respondents' motion for summary adjudication is not statutorily authorized. Respondents move for summary adjudication under Code of Civil Procedure section 437c. Subdivision (f)(l) lists those matters that may be summarily adjudicated. It provides: "A party may move for summary adjudication as to one or more causes of action within an action, one or more aff...

Excerpt: ... on grounds that the Complaint fails to allege facts suffic:ient to constitute a cause of achon based on DSH's immunity pursuant to Government Code section 854.8, Plaintiff's failure to file a government claim, and based on the two-year statute of limitations. (See Notce of Demurrer.) The Court finds, in the supporting memorandum, no discussion, argument, or citation to authority in support of DSH's assertion that the Court lacks jurisdiction "ov...

Excerpt: ...ling. Defendant WE HAUL, LLC moves, pursuant to Code of Civil Procedure sections 2030.290, and 2031.300, for an order compelling Plaintiff Cynthia Ison to provide responses, without objection, to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One propounded by Defendant (Subject Discovery). Defendant further moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c)...

Excerpt: ...'s tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 n...

Excerpt: ...: Preliminary Injunction were to be filed by August 4, 2023. On August 4, 2023, Plaintiff filed a Mohon for Permanent Injunction. Through the moving papers Plaintiff uses the terms "permanent injunction" and "preliminary injunction" interchangeably without discussion, explanation, or apparent reason. While this would ordinarily create significant procedural issues, such issues are avoided here because Plaintiff's evidence, discussed below, establ...

Excerpt: ...udiced."l (Notice of Motion at 2:3-6.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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...

Excerpt: ...er, 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 present at the hearing. The Notice of Moton does not clearly set forth either the precise nature of the relief sought or the grounds therefore. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...t...

Excerpt: ...al abuse against Belen Costa, and for supporting an award of punitive damages against her. The motion to strike is DENIED in all other respects. Defendant Belen Costa (B. Costa) demurs to and "seek[s] to strike", pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 435, and 435, and California Civil Code section 3295, subdivision (e), to the second purported cause of action in the Complaint for an accounting (Account...

Excerpt: ...hts, all of which relate to access to and across the property at issue, from the cause of action for nuisance based on recent improvements to the main road through the property." 2 (Notice of Motion at 2:2-8.) Through the moving papers Plaintiff, "asks the Court to order that trial in this matter be phased or separated so that the parties argue and present evidence on the access—related claims first and that they reach and try Hammond's nuisanc...

Excerpt: ...July 31, 2023, the Court (Hon. Victoria granted Plaintiff's attorneys' motion to withdraw and continued, to this date, Plaintiff's request for an extension of the 5-year statute. Through the Opposition, Defendant confirms its representation to Plaintiff that Defendant "will not raise any five-year statute issues so long as trial commences on or before September 30, 2023." (ld. at 3:9-10.) Section 583.310, et seq. govern the mandatory time within ...

Excerpt: ...ection 415.30 gcwerns the manner for service of a summons and complaint. Subdivision (d) of the statute provides that, "[i]f the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the partyto whom the summons was mailed shall be liable for reasonable expenses thereafter incurred...

Excerpt: ...rounds that Plaintiffs agreed, by contract, to arbitrate their claims against Defendant. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 rema...

Excerpt: ...ntiff John A. Tudal moves, pursuant to Code of Civil Procedure sections 473 and 576, for an order granting Plaintiff leave to file the Proposed SAC on grounds that permitting the subject filing will serve the interests of justice. 1 For file management reasons the Court does not permit attachments to become operative pleadings. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as r...

Excerpt: ...agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal v. Great Western Financial Sec. Corp. (1996) 14 Cal.4th 394, 413.) The moving party bears the burden of proving the existence of the agreement by a preponderance of the evidence. (Ibid.) This represents Pe
Ÿ
Ÿoner 's second a
©empt to compel arbitra
Ÿon of the present dispute. Pe
Ÿ
Ÿoner again fails to carry its ini
Ÿal burde...

Excerpt: ...this matter on April 20, 2023" on grounds that the parties agreed to such terms orally at a judicially supervised settlement conference. "If parties to pending litigation stipulate...orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction overthe parties to enforce the settlement until pe...

Excerpt: ...intiff ha[s] not pled any facts that support their request for attorney's fees against [GPIA]." (Mohon to Strike at 3:12-15.) Through the SAC, Plaintiff purports to assert claims of (Sixth) Negligent Misrepresentation and (Seventh) Professional Negligence against Defendant GPIA (See SAC at 14:19-16:12.) On these claims Plaintiff prays for, among other relief, "compensatory damages in an amount to be proven at trial, including attorneys' fees allo...

Excerpt: ...uce to Defendants' counsel of record a further verified, code-compliant response to Form Interrogatory No. 17.1; and (3) pay to Defendants, care of their attorneys of record, monetary sanctons in the amount of $2,160. Defendants Michael L Holcomb and Maria C. Holcomb move, pursuant to Code of Civil Procedure sections 2030.300, subdivision (a) and 2033.290, subdivision (a) for an order compelling Plaintiff Joan Traverso (Plaintiff) to provide furt...

Excerpt: ...and that the failure to timely serve such responses was the result of mistake, inadvertence, or excusable neglect.2 The subject discovery consists of requests for production of documents, requests for admission, and form and special interrogatories propounded by Defendant Valley Rock Foundantion (VRF) and special interrogatories propounded by Defendant Dr. Robert White (Dr. White). (The foregoing discovery is referred to herein as Subject Discove...

Excerpt: ...uired by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 n...

Excerpt: ...Amended Complaint (TAC) the prayer for punitive damages and all references thereto. The Court notes that Defendant Sean Stapleton filed, together with Brad Stapleton and WCPS, an answer in response to the TAC. However, Sean Stapleton does not join in the present motion. (See Notice of Motion.) The Court rules on Defendants' Request for Judicial Notce as follows: Exhs. A and C: GRANTED, but not for the truth of matters alleged in the subject docum...

Excerpt: ...al Examination." Defendants concede that they are required, pursuant to Code of Civil Procedure section 2032.310, to obtain leave of Court in order to conduct the desired examination. "The court shall grant a motion for a physical or mental examinaton under Section 2032.310 only for good cause shown." (Code Civ. Proc., S 2032.320, subd. (a).) The Court finds as follows. On February 25, 2022, Plaintiff served Defendants with his Supplemental Respo...

Excerpt: ... demand nos. 1, 2, 5, 7, 13, 14, and 15 of Defendants' First Demand for Inspection of Documents (Subject Discovery).2 Defendants move on grounds that OHC has failed, without justification, to comply with its representation that it would produce all responsive documents. Defendants also move, pursuant to sections 2023.030, subdivision (a), 2031.310, subdivision (h) and 2031.320, subdivision (b) for an award of monetary sanctions against OHC in the...

Excerpt: ... 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 present at the hearing. "[A]ny party shall be entitled as a matter of right to c...

Excerpt: ...e ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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, rega...