Excerpt: ...ance of the legal causes of action contained in Defendants' cross‐complaint to be tried to a jury. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 rema...

Excerpt: ...s) request for leave to defend the action with respect to Amani is GRANTED, but, with respect to Sharif, is MOOT, as personal jurisdiction has not been, and likely cannot be, established as against him given his passing. Finally, Amani is granted 10 days' leave to file the answer attached to the motion, as revised to remove Shayne One to reflect this order. The Court orders a Case Management Conference set for November 10, 2022 at 8:30 a.m. in De...

Excerpt: ...ynn Maaskamp in response to Requests for Production of Documents, Set Five.”2 (Notice of Motion at 1:22‐27.) The requests that are the subject of the motion are numbered 50‐ 53, 59‐70, 72‐82 and included in Requests for Production of Documents, Set Five propounded on Plaintiff Lynn Maaskamp. (See Defendant's Separate Statement at pp. 6‐83.) Defendant's Request for Judicial Notice filed March 29, 2022 is DENIED on the grounds that none...

Excerpt: ...ve and file an Amended Opposition no later than May 25, 2022. Any Amended Opposition should be a complete and self‐contained opposition and not simply an addendum to the opposition memorandum filed April 21, 2022 and shall comply with all 2 procedural requirements for oppositions to motions.1 Plaintiff is then granted leave to serve and file, no later than May 27, 2022, a complete and self‐contained amended Reply that complies with all proced...

Excerpt: ... set for October 26, 2022, at 8:30 a.m. in Dept. A. 1 For reasons relating to the maintenance of Court files the Court does not deem pleadings attached as exhibits to other matters “filed.” 2 Defendant Greg Hoffman moves, pursuant to Code of Civil Procedure section 473, subdivision (b), “for an order granting the motion to set aside the default and default judgment in favor of Defendant” on the grounds that the failure to timely respond w...

Excerpt: ... DENIED. Respondent Deborah Jeanne Miller, trustee of the Elizabeth Anne Miller Residence Trust, (Respondent) moves to quash the March 15, 2022 Deposition Subpoean for Production of Business Records (Subject Subpoena) propounded on non‐party Early Warning Services, LLC (EWS) by Petitioner Duncan Mackenzie Miller on the grounds that: (a) the Subject Subpoena is overbroad as to time and scope; (b) is designed to cause Respondent unwarranted annoy...

Excerpt: ...Civil Procedure sections 430.10, 430.30, and 430.50, to the Third Amended Verified Complaint (TAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Both of Plaintiff's requests for judicial notice, filed on March 16, 2022, and April 26, 2022, are DENIED. None of the subject documents are relevant to the Court's resolution of the issues raised by the demurrer. Moreover, the ...

Excerpt: ...he subpoena duces tecum (Subpoena) issued by Defendant Pacific States Petroleum, Inc. (Defendant) served on Key Health Medical Solutions, Inc. (Key Health). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (...

Excerpt: ...ecord within the time limits prescribed by Code of Civil Procedure section 1005, subdivision (b). Dr. Bina is ordered to meet and confer pursuant to Code of Civil Procedure sections 430.41 and 435.5 prior to service on Plaintiffs. Dr. Bina may file and serve new moving papers so long as they are self‐contained. If Dr. Bina elects to not file new moving papers, the Court will consider those filed on March 29, 2022 as operative. Plaintiffs may se...

Excerpt: ...prior trial continuances, (2) the parties have agreed to private mediation on July 18, 2022, which falls after the current trial date of July 11, 2022, (3) a trial continuance would permit the parties to engage in settlement negotiations and avoid potentially unnecessary trial preparation costs and time, as well as additional time to conduct discovery and depositions, (4) cross‐defendant Sandin Manufacturing, Inc. only recently appeared in this...

Excerpt: ...r responses to Plaintiff's Special Interrogatories, Set Two, on the grounds that Defendant did not provide sufficient responses and that Defendant's objections thereto are without merit. 5 A civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears ...

Excerpt: ... to serve verified code‐compliant initial responses and documents to form interrogatories, special interrogatories, and requests for production of documents and to pay monetary sanctions. 6 Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including moneta...

Excerpt: ...ings in Plaintiff's favor “against Defendant” and for an award of costs on the grounds that Plaintiff's Complaint states facts sufficient to constitute a cause of action against Defendant and that based on the Court's order deeming facts admitted, Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of Plaintiff's Compla...

Excerpt: ...rick Just (Plaintiff) to comply with Plaintiff's responses to Defendant's requests for production of documents numbers 3, 5, 6, 9, 10, 11 and 12, (2) to compel Plaintiff to provide further responses and documents and a statement of compliance and privilege log in response to Defendant's requests for production of document numbers 1, 2, 4, 7, 8 and 13‐32, and (3) for sanctions. Defendant's 11‐page reply brief exceeds the maximum page limit. (S...

Excerpt: ... for sale. Sylvester requests that attorney Christopher M. Pace be appointed as referee and that he be permitted to hire a realtor to sell the Property under his supervision by private sale and to enter and access the Property. 3 The subject Requests for Admission document is located in the Court's file at page 28 of Exhibit A to the Declaration of Jennifer Thomas in support of the Motion to Deem Matters Admitted. 9 Sylvester failed to provide ad...

Excerpt: ...the date that mediation has completed. The parties may stipulate to alternative timing or, as necessary, may bring a motion after having met and conferred in good faith to attempt informal resolution of any issues. The entire case is HEREBY STAYED while mediation and arbitration are conducted. However, the case management conference set for July 28, 2022 shall remain on calendar, unless vacated by dismissal of the matter upon successful resolutio...

Excerpt: ...OSITION OF DUNCAN MACKENZIE MILLER TENTATIVE RULING: The motion is GRANTED IN PART. Let a protective order issue staying the deposition of Plaintiff Duncan Mackenzie Miller until May 9, 2022. The matter is also CONTINUED to May 4, 2022, at 8:30 a.m. in Dept. B for further hearing. To the extent that Plaintiff wishes to seek a further delay in the Deposition past the May 9, 2022 date, he shall, no later than April 26, 2022, file and serve a brief ...

Excerpt: ...no proof of service of the motion on Crestbrook Insurance Company. Crestbrook Insurance filed no opposition. “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.) Moreover, the issues raised through the motion appear to be MOOT. According to the Notice of Motion, “Duncan Mackenzie Miller will...

Excerpt: ...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”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Petitioner failed to file a formal notice of motion. Nonetheless, the Court makes every reasonable effort to construe the ope...

Excerpt: ...he depositions of defendants Dennis Whitfield, M.D. (Dr. Whitfield) and Gansevoort Dunnington, M.D. (Dr. Dunnington) (collectively, Defendants) and compelling Defendants to appear for deposition no later than April 29, 2022. 3 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND emai...

Excerpt: ...ts also notice the motion as one for summary judgment on defendant City of Napa's (City) cross‐complaint on the ground that Defendants are not jointly and severally liable to Plaintiff “upon this Court's granting of the moving Defendants' summary judgment as to [Plaintiff].” (Notice at 2:10‐14.) 6 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 dire...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. The motion...

Excerpt: ...orneys' fees incurred in bringing the motion. The proof of service of Plaintiff's motion indicates that Plaintiff provided notice only to Defendant and not Defendant's attorney of record, Buchalter. (See also Supplemental Declaration of Steven Bleasdell, ¶ 2.) Moreover, the proof of service of Plaintiff's underlying discovery requests made pursuant to Code of Civil Procedure sections 708.020 and 708.030 indicates that Plaintiff served the reques...

Excerpt: ...es her water from the City of St. Helena. She can be fair and impartial in this matter. The motion is DENIED. Plaintiff moves the Court, pursuant to Code of Civil Procedure sections 187 and 1048, for an order consolidating “for pretrial purposes” the action with the action entitled Water Audit of California v. the City of St. Helena, et al., pending as case number 21CV000859 before the Court, on the grounds that both cases involve the same qu...

Excerpt: ...eged pursuant to Civil Code section 47, subdivision (b); (2) the alleged defamatory statements are privileged based on Plaintiff's consent to their publication; and (3) Hearn suffered no damages. A. PG&E'S EVIDENTIARY OBJECTIONS PG&E's evidentiary objections suffer, generally, from a degree of uncertainty. Each written objection is required to “quote or set forth the objectionable statement or material....” (Rules of Court, rule 3.1354, subd....