Excerpt: ... Request for Admission numbers 4, 5, 6, 7, 8, 13, and 14. The Court further orders RLM to respond fully and without objection to Form Interrogatory numbers 6 and 7. The motion is DENIED with respect to Request for Admission numbers 11 and 12. Defendant/Cross‐Complainant Third Street Napa Development, LLC (“Third Street”) moves for an order compelling Defendant/Cross‐Defendants RLM Construction Services, Inc. (“RLM”) and Michael Reyes ...

Excerpt: ...ted 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. Defendant Piner's Nursing Home Inc. moves, pursuant to Code of Civil Procedure section 2023.010, subd. (d)(3), for terminating sanctions against Plaintiff Maria Lopez on the grounds that Plaintiff failed to respond to written discovery and fai...

Excerpt: ...les of Court, rule 3.1702, subd. (d) provides “[f]or good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.” (Cal. Rules of Court, rule 3.1702, subd. (d).) The subject relief of Defendant's motion is not an extension of time to file a motion for attorney's fees, but rather to stay Plaintiff's already‐filed motion for attorney...

Excerpt: ...io”) (collectively, “Defendant Physicians”) demur, pursuant to Code of Civil Procedure section 430.10, to the first cause of action for elder abuse and neglect asserted in Plaintiff Thomas James Farnan, Jr.'s (“Plaintiff”) third amended complaint (“TAC”) on the grounds of uncertainty and failure to state a cause of action. Defendant Physicians' demurrers are OVERRULED. A. STANDARD ON DEMURRER Code of Civil Procedure section 430.10 p...

Excerpt: ...s of the California Environmental Quality Act (CEQA), directing respondent County of Napa (County) to set aside its actions adopting a Negative Declaration and approving 3 use permit No. P13‐00320‐UP (Use Permit) and exception to the County's Road and Street Standards for a winery project proposed by real parties in interest Mountain Peak Vineyards, LLC, Steven Rea, Eric Yuan, and Hua Yuan (collectively Real Parties), and located at 3265 Soda...

Excerpt: ...IED. Defendant's request for sanctions is GRANTED IN PART. A. PROCEDURAL ISSUES There is no proof of service on Plaintiff's motion in the Court's file. To the extent there were any notice defects, Defendant waived any objection to the defect(s) by failing to raise such objection and by submitting opposition papers addressing the substance of Plaintiff's motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975...

Excerpt: ... fences or gates restricting access to and across the Existing Tanks Easement3 and Private Road Easement,4 or provide Plaintiff keys, combinations, and/or codes for the existing locked fences or gates; and (ii) enjoining Defendants and their respective employees, agents, and representatives, from obstructing or unreasonably interfering with Plaintiff's use and enjoyment of the Existing Tanks Easement, the Future Tank Easement,5 and the Private Ro...

Excerpt: ...orthwith. 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. Defendant Integon National Insurance Company (“Defendant”) moves, pursuant to Code of Civil Procedure sections ...

Excerpt: ... amount of $4,310.00 no later than 10 days after notice of entry of this order. Plaintiff Victor Alam moves, pursuant to Code of Civil Procedure section 2025.450, for an order compelling Defendant Daniela Farina's deposition and for production of documents on the grounds that Ms. Farina has repeatedly failed to appear for her noticed deposition and failed to produce requested documents.1 Plaintiff further moves, pursuant to Sections 2023.030 and ...

Excerpt: ...ls to allege facts sufficient to state a claim under any of the purported causes of action asserted therein.1 A. PROCEDURAL MATTERS 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 Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rul...

Excerpt: ...ecialized Loan Servicing, LLC (SLS) demurs to the Second Amended Complaint (SAC) filed by Plaintiff Bruce Blankenhorn. SLS generally demurs to the SAC pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.50, subdivision (a) on the grounds that the allegations therein are Uncertain, ambiguous and unintelligible. SLS further demurs to each of the causes of action purportedly set forth therein on the grounds that th...

Excerpt: ...iff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. 19 Defendant's request for judicial notice is GRANTED in its entirety. Defendant's evidentiary objections (one through nine) are each GRANTED. “A demurrer tests only the legal sufficiency of the pleading...the question of plaintiff's ability to prove the allegations, or the possible difficulty in making such proof does not concern the rev...

Excerpt: ...vice of notice of the motion or supporting documents in the Court's file. “The court lacks jurisdiction to rule on a motion that has not been properly noticed 2 for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) However, “[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any d...

Excerpt: ... of March 7, 2022 for the Loeber and Golick cases and setting a conference on or about June 20, 2022 to set the Loeber and Golick cases for trial together. The motion is GRANTED. A. Procedural Issues The Loeber Plaintiffs 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 Loeber Plaintiffs are directed to immediately provide, by telephone call AND email, the missi...

Excerpt: ...rded as Document No. 2017‐0007969 and Document No. 2021‐0038047. The Court DENIES Chase's motion as moot. The Court DENIES Chase's request for judicial notice and Plaintiffs' Objections to Chase's evidence, given that the underlying motion is moot. In its Reply Brief filed on January 3, 2022, Chase argues that it should be awarded its attorneys' fees and costs as the prevailing party under Civil Code section 405.38. (See Civ. Code, § 405.38 ...

Excerpt: ...ider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277; Luri v. Greenwalk (2003) 107 Cal.App.4th 1119, 1125.) A court may overlook an omission to properly notice a motion when the supporting papers make clear the grounds for the relief that is sought. (Luri, supra, 107 Cal.App.4th at 1125.) Here, there is no evidence in the Court's file that Plaintiff included a notice of motion. The Court does...

Excerpt: ...he 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 to injure the interest...

Excerpt: ...ause of action asserted by Plaintiff through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts sufficient to constitute a valid cause of action. Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C and D to the RJN. Plaintiff's request for...

Excerpt: ...ute a cause of action against Defendant and (2) Defendant's answer does not state facts sufficient to constitute a defense to the complaint. (Cal. Code Civ. Proc., § 438, subd. (c).) Plaintiff's complaint alleges various types of common counts. “The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.” (Farmers Ins. E...

Excerpt: ...rty/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. Plaintiff failed to provide adequate notice of the hearing date. The Proof of Service in the Court's file ...

Excerpt: ...lk) moves the Court for an order quashing the subpoena for her deposition and staying her deposition (under Code of Civil Procedure sections 2025.410) until the Court can rule on the contemporaneously pending Motion for Protective Order to Exclude Juan M. Martinez from Depositions (Motion to Exclude). 4 A. The Court Has Jurisdiction to Hear the Motion Plaintiff argues that Plaintiff's failure to provide adequate notice of the original (November 1...

Excerpt: ...l Specialists, Inc. (BASS) to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural Background The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Plaintiff, pursuant to the terms of a written employment agreement. (See Complaint at ¶3, Cross‐Complaint at ¶1.) Plaintiff pu...

Excerpt: ...ce of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to all parties 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 r...

Excerpt: ...rmine disputes that have arisen and are likely to continue in connection with the deposition. Plaintiff also seeks orders relating to the apportionment of costs and fees associated with the continued deposition, including those of the requested referee. Finally, Plaintiff seeks, pursuant to Code of Civil Procedure sections 2023.010, et seq., and 2025.010, et seq., monetary sanctions in the amount of $4,097.50 against Defendant and his attorney of...

Excerpt: ...the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Dumican Mosey Architects, P.C. (DMA) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6 and California Rules of Court, rule 3.1382, for an order finding that the settlement entered into between DMA and non‐party Galleron Properties, LLC (“Galleron”) is made in good faith. Galleron is ...