Excerpt: ...on. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of its January 26, 2022 Minute Order. The Court takes judicial notice of Plaintiff's Complaint and Defendant's Answer in this action and Plaintiff's requests for admissions, but not for the truth of the matters set forth therein. Plaintiff failed to file a meet and confer declaration as required pursuant to Code of Civil Procedure section 439, subdivision (a)(...

Excerpt: ...l subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. 2 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 Loca...

Excerpt: ...ves for a protective order limiting the number of interrogatories propounded by Plaintiff Yvonne A. Grant in Plaintiff's special interrogatories, set one. The motion is made pursuant to Code of Civil Procedure sections 2030.090, 2030.030, 2030.040, 2030.050, 2030.060, 2019.030, and 2023.10 et seq. on the grounds that the interrogatories exceeding 35 are excessive, unwarranted by the complexity of the case, and an 10 abuse of the discovery process...

Excerpt: ... be taken into account in the determination of whether a settlement is in “good faith” include, but are not limited to: a rough approximation of plaintiff'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 if found liable after a trial. (See Tech‐Bilt, Inc. v. Woodward‐Clyde & ...

Excerpt: ... that [CSA] owes [Fultz] an immediate duty to defend against the claims brought by plaintiffs in the above captioned matter.” (Notice of Motion at 1:22‐28.) 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 forthwit...

Excerpt: ...Plaintiff Devin Sweet's motions are GRANTED IN PART. Plaintiff's request for sanctions is DENIED. Defendant James Daniel Fagan is ordered to serve an amended verification with a code‐compliant signature as directed herein below. Defendant is further ordered to serve a privilege log pursuant to Code of Civil Procedure section 2031.240. The amended verification and privilege log shall be served within 20 calendar days of service of notice of entr...

Excerpt: ... Rosario Fregoso‐Contreras is ordered to provide verified code‐compliant responses, without objections, and documents in compliance with the Court's discovery order within 20 calendar days of service of notice of entry of order. The motion for a stay of further proceedings until the Court's discovery orders are obeyed—other than Attorney Brennan's pending motion to be relieved as counsel scheduled for March 15, 2022—is GRANTED. Defendant'...

Excerpt: ...Code of Civil Procedure section 1033.5, Rules of Court, rule 3.1702, the lease between Plaintiff and defendant Stone Brewing Co., LLC (“Defendant”), and the judgment in favor of Plaintiff entered by this Court on November 3, 2021. Defendant filed an opposition arguing that Plaintiff's requested fees are excessive. The parties do not dispute that Plaintiff is the prevailing party entitled to fees under the lease. The issue before the Court is ...

Excerpt: ... order sealing certain documents which were submitted conditionally under seal by plaintiffs in opposition to CalVet's previous motion for summary judgment. The asserted grounds are as follows. “The referenced documents and deposition testimony subject to this Motion constitute ‘information pertaining to security risk assessments, evaluations, protocols, and procedures for the Veterans Home of California, Yountville campus,” per the [Stipul...

Excerpt: ...he complaint filed by Plaintiffs Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, Auberge Resorts LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) on the grounds that Plaintiffs fail as a matter of law to plead any specific conduct constituting malice, oppression or fraud by Insurer Defendants. The motion is DENIED. Insurer Defendants shall answer the complaint within 10 days of the date of this order. I. PROCEDURAL MATTERS...

Excerpt: ...otion to strike is made on the following grounds: (1) the Court's September 17, 2021 Minute Order (“Minute Order”), purportedly establishing that Plaintiff did not submit an affidavit as required under Civil Code section 2924m, “has disqualified the complaint's legal basis” under section 2924m; (2) the deficiency with respect to the affidavit is incurable; and (3) Plaintiff failed to timely serve the complaint on Defendant. Pursuant to Co...

Excerpt: ...D IN PART. Defendant and his counsel are ordered to pay to Plaintiff, care of Plaintiff's counsel of record, monetary sanctions in the amount of $2,782.50 no later than 10 days after notice of entry of the present order. Plaintiff Napa County Land Trust, d/b/a Land Trust of Napa County moves, pursuant to Code of Civil Procedure sections 2030.290 and 2031.300, for an order compelling Defendant Jeffrey Hammond to provide further responses to reques...

Excerpt: ...one 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 2 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. On January 31, 2022, attorney Mainak D'Attaray, pur...

Excerpt: ...uant to Code of Civil Procedure section 1987.1 for an order quashing the deposition subpoena issued by Defendant Pacific Gas & Electric Company (PG&E) to Sacramento Municipal Utility District (SMUD) on the grounds that PG&E cannot make the requisite showing that the records and information sought are directly relevant and essential to a fair resolution of this case; (2) that there is a compelling need for the information and records; and (3) that...

Excerpt: ...021 in the Official Records of Napa County as Document No. 2021‐0027157. Plaintiffs' motion is made on the grounds that the pleading on which the notice of pendency is based does not state real property claims, defendants Lisa Lawley, Jason Anderson, and Okell Holdings, LLC (collectively, “Defendants”) cannot establish by a preponderance of the evidence the probable validity of their real property claims, and that an undertaking will secure...

Excerpt: ...clude 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 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who rep...

Excerpt: ...Inc. (“Gates”), and Defendant Matt Cordeiro (“Cordeiro”) pursuant to Code of Civil Procedure sections 387 and 1280 et seq. While there are references in the body of Fultz's petition to an order compelling Gates and/or Cordeiro to arbitrate with Fultz, such relief and the basis for that relief are not properly specified or defined in Fultz's moving papers. For example, it is unclear to the Court what dispute Fultz would be attempting to se...

Excerpt: ...to interrogatories.1 The Court notes that Plaintiff filed no papers in opposition to the motion. The Court is unable to determine if the notice of motion and supporting papers were properly served on Plaintiff. The Proof of Service on file indicates service was accomplished electronically. This case was filed before January 1, 2019. Therefore, electronic service is only permitted where the party has given its consent or by Court order. (See § 10...

Excerpt: ...ntional infliction of emotional distress asserted through the First Amended Complaint (FAC). By Minute Order of November 18, 2021 (Order re: Original Demurrer) the Court sustained FPI's demurrer to the same purported causes of action as asserted through the original Complaint. Plaintiff amended the pleading by adding the allegations of paragraph 49 of the FAC, which allegations are repeated in paragraphs 56 and 67. A. Sixth Cause of Action – Vi...

Excerpt: ...ounds that most of the issues of fact and law are common to both actions and many of the same witnesses will testify in both actions. Defendant 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. Defendant is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral a...

Excerpt: ...the deadline and only three court days before the hearing. (Code Civ. Proc., § 437c, subd. (b)(2) (opposing papers must be served and filed not less than 14 days before the noticed date of the hearing).) Here, Plaintiffs submit evidence to show good cause for their delay in filing and service. (Burton Decl., ¶¶ 2‐10.) The Court elects to exercise its discretion to consider the late‐filed opposition. (California Rules of Court, rule 3.1300,...

Excerpt: ...with. 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. Defendants IA Lodging Napa Solano TRS, L.L.C., IA Lodging Napa Solano L.l.C., and Sage Client 417 LLC (collectively Mov...

Excerpt: ...ugh the California Department of Veterans Affairs (“CalVet”) is DENIED. CalVet moves, pursuant to Code of Civil Procedure section 437c, subd. (f)(1) and (2), for an order granting it summary judgment or, in the alternative, summary adjudication as to each cause of action asserted against it in (i) the second amended complaint filed by Plaintiff 7 Theodore Joseph Shushereba (“Shushereba Plaintiff”) in Case No. 19CV000391 (“Shushereba Com...

Excerpt: ...opriate, going forward. Defendant and Cross‐Complainant Fultz Construction, Inc. moves, pursuant to Code of Civil Procedure section 473 and Rules of Court, rule 3.1324, for leave to file a first amended answer to Plaintiff's First Amended Complaint to add a thirteenth affirmative defense. 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...

Excerpt: ...se of action asserted through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts therein sufficient to state a good cause of action. NVP's Request for Judicial Notice is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. A general demurrer will lie “where the complaint has included allegations that clearly disclose some defense or bar...