Excerpt: ...ion (b). Defendant is granted 30 days to post a bond compliant with section 917.1, subdivision (b). So long as Defendant complies herewith, enforcement of Plaintiff's attorneys' fee award is stayed pending resolution of the appeal. A. PROCEDURAL MATTERS Defendant Stone Brewing Co. LLC (“Stone”) moves, pursuant to Code of Civil Procedure sections 916(a) and 917.1(d), for an order enforcing an automatic stay of Plaintiff West Pueblo Partners, L...

Excerpt: ...ct. Plaintiff argues for such relief, in essence, on the grounds that Defendant had a defense to the claims set forth in the Complaint. Specifically, Plaintiff filed this action for breach of a credit cardholder's agreement and prayed for money judgment in the amount of $6,458.45. (See Complaint.) 3 Plaintiff now argues that, in 2011, at the time the action was filed, Defendant had filed a fraud claim with Plaintiff regarding the subject credit c...

Excerpt: ...AMEND. Defendant's special demurrer for uncertainty and general demurrer on the first and fourth causes of action are OVERRULED. Plaintiffs are granted 10 days' leave to file and serve an amended complaint conforming to this ruling. (See Rules of Court, rule 3.1320, subd. (g).) Defendant is directed to provide notice. I. PROCEDURAL MATTERS Defendant Ioana Anca Bina M.D. (“Dr. Bina”) demurs, pursuant to Code of Civil Procedure section 430.10, ...

Excerpt: ...e following grounds: “(1) Trial counsel for Defendants is unavailable due to conflicts that have arisen which could not be anticipated; (2) Defendants have been unable to obtain crucial evidence, despite Defendants' diligent efforts; (3) no parties or witnesses will be prejudiced by this continuance; (4) the requested continuance would free up the court's docket at time when courtrooms and other court resources are strained by the backlog of ci...

Excerpt: ...ded by two deposition subpoenas for production of business records served on third‐party Wells Fargo Advisors by Petitioner Duncan Mackenzie Miller. Respondents so move on the grounds that: (1) each subpoena seeks documents that contain privileged and confidential financial information protected from disclosure under the California Constitution which information is not directly relevant to a cause of action or defense in the action; (2) the sub...

Excerpt: ... the motion,” and based on their attorney's affidavit of fault. The Court is without jurisdiction to consider the motion on two separate grounds. First, there is no proof of service of the moving papers on any of the Defendants. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Because th...

Excerpt: ...his ruling. (See Rules of Court, rule 3.1320, subd. (g).) Cross‐ Defendant is directed to provide notice. I. PROCEDURAL MATTERS Cross‐Defendant Thang Nguyen (“Nguyen”) demurs, pursuant to Code of Civil Procedure section 430.10, to the seven causes of action asserted against him in Defendants / Cross‐Complainants' Kieu Hoang (“Hoang”), Kieu Hoang Winery, LLC (“KH Winery”), and RAAS Nutritionals, LLC (“RAAS”) (collectively, �...

Excerpt: ...the lodged record to the moving party. (Ibid.) Plaintiff Great American Insurance Company (“Great American”) and Defendants Calistoga Ranch Club, Jack Baker, Jill Beckett‐Hill, Amy Brandt, Carter Gilman, Daniel Schor, Stephanie Steele, and Andrew Weprin (“Defendants”) jointly move, pursuant to Rules 2.550 and 2.551 of the Rules of Court, for an order sealing three pleadings, and one exhibit attached thereto, which were filed in arbitrat...

Excerpt: ...g, the motion is GRANTED WITHOUT LEAVE TO AMEND. A. PROCEDURAL MATTERS Defendant Bank of the West moves, pursuant to Code of Civil Procedure, section 438, for an order granting judgment on the pleadings on Plaintiff Gazarrie Phillip's First (and only) cause 3 of action for failure to pay sick pay at the regular rate on the grounds that there is no private right of action pursuant to California Labor Code section 246, upon which Plaintiff bases he...

Excerpt: ...order” and requests an order declaring that Plaintiff 6 In light of this clarification, Plaintiff's argument in opposition regarding the ex parte application is moot. (Opposition, ¶¶ 1‐2.) 7 All statutory references herein are to the Code of Civil Procedure unless otherwise noted. 8 need not “answer” Respondent David Zuckerman's Special Interrogatories, Set Two, Suzanne Reagan's Special Interrogatories, Set Two, and John Reagan's Specia...

Excerpt: ... 12, 2022 order was not served on Plaintiff until the May 25, 2022 Case Management Conference. Pursuant to the May 25, 2022 Minute Order, “Mr. Berry accept[ed] the copy of the ruling 3 special motions to strike filed by Defendants Pope Valley Union Elementary School District (“District”) and Napa County Office of Education (“NCOE”). The District opposes the motion, and NCOE joins in the District's opposition. As to the first ground for ...

Excerpt: ...ursuant to Code of Civil Procedure section 473, subdivision (b), for an order setting aside the default on the grounds that the default was due to her inadvertence, surprise, mistake and excusable neglect and that Judith twice attempted to file a response to the complaint by certified mail. (Notice, at 1.) The Court preliminarily notes that Plaintiff's opposition filed and served on June 17, 2022 was filed two days after the statutorily prescribe...

Excerpt: ...ted to provide sufficient notice to [Plaintiff]1 . . . by serving the moving papers, as revised to reflect the continued hearing date [(June 24, 2022)], on Plaintiff's counsel by no later than May 27, 2022.” (Minute Order dated May 13, 2022.) On May 26, 2022, Defendant filed a Proof of Service on Plaintiff; however, the Court is unable to determine whether or not Defendant revised the hearing date for the motion from May 13, 2022 to June 24, 20...

Excerpt: ...aintiff Mariela Zavala De Marcelo to serve responses to Longwood's First Set of Special Interrogatories and Requests for Production of Documents and Jacques' First Set of Special Interrogatories and Requests for Production of Documents (Subject Discovery). Defendants further move for an order requiring Plaintiff and his counsel of record Mark Basil Pappas to pay monetary sanctions in the amount of $1,215. 3 The moving party failed to include in t...

Excerpt: ...omplainant V2 Wine Group, LLC's (V2) fifth cause of action for intentional interference with existing contract on the grounds that V2 is unable to produce evidence of any of the following: (1) that Pacific had, at the time of the alleged breach, knowledge of the contract provision that was allegedly breached; (2) 2 that Pacific committed any intentional act designed to induce the alleged breach; or (3) that any alleged breach was caused by any ac...

Excerpt: ...to give Defendant notice of the continued hearing. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may...

Excerpt: ...not alleged facts sufficient to constitute a defense.1 A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) “In addition to the facts pleaded, we may consider matters that may be judicially noticed, inclu...

Excerpt: ... objection to Exhibit Z of the Declaration of James Vorhis (Vorhis Decl.) is OVERRULED as no grounds are asserted in support thereof. The objection to the quoted portion of paragraph 2 of the Declaration of Kevin Berofsky (Berofsky Decl.) is SUSTAINED on grounds it lacks foundation and is speculative. The objections to paragraphs 3 and 4 of the Berofsky Decl. are OVERRULED. The remainder of Defendants' objections are MOOT as none of the evidence ...

Excerpt: ...Development, LLC (“Third Street”), as assignee and substituted party for Plaintiff Syar Concrete, LLC (“Syar”) (collectively, “Plaintiff”),1 moves, pursuant to Code of Civil Procedure section 437c, for summary judgment against Defendants Atlantic Specialty Insurance Company (“Atlantic”),2 RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”). RLM and Reyes are hereinafter collectively referred to as “Defend...

Excerpt: ...he remaining six actions, listed below, is DENIED. 10 Ledcor moves, pursuant to Code of Civil Procedure section 877.6, subdivision (a)(1), for an order determining that the settlement agreement between Ledcor and non‐party Galleron Properties, LLC (“Galleron”) is entered into in good faith. Ledcor further moves, pursuant to Rules of Court, rule 3.1382, for dismissal of the following actions, which Ledcor represents have been resolved by the...

Excerpt: ...OCEDURAL MATTERS Defendants Gracy Towing, Samuel Gracy, and Orilea Gracy (collectively Defendants) demur, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), to the Second and Fourth causes of action asserted against them through the Amended Complaint on the grounds that each cause of action fails to allege facts sufficient to state a good cause of action and that each is uncertain. The moving party failed to include in ...

Excerpt: ...motion for summary judgment MOOT. [3] RICHARD J. PARENT M.D. AND ADVENTIST HEALTH CALIFORNIA MEDICAL GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motion is GRANTED IN PART. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to the first cause of action for negligence, second cause of action for medical battery and third cause o...

Excerpt: ...as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court and, “will not be disturbed on appeal absent a clear showing of abuse.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) However, “[i]f the motion to amend is timely made and the granting of the motion will not prejud...

Excerpt: ...ein, the preliminary question is whether the parties have, in fact, stipulated and agreed as to which of the specific defect‐claims are (a) released by the parties' Settlement Agreement (pursuant to the Court's May 4, 2022 Order adopting the Special Master's recommendations); which are (b) potentially valid warranty claims properly made during the warranty period; and which are (c) claims made outside of (after the expiration of) the warranty p...

Excerpt: ...s Motion for Summary Judgment; (2) Merryvale's Separate Statement; (3) (respective) Declarations of Jim Vorhis and Rene Schlatter; (4) Defendants' Opposition to 4 Pacific's Motion for Summary Judgment; (5) Declaration of Noel S. Cohen in Support of Opposition; (6) Defendants' Response to Separate Statement (collectively, the Subject Records). “Unless confidentiality is required by law, court records are presumed to be open.” (Rules of Court, ...