Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. There is no proof of service of the motion or related pape...

Excerpt: ...ion are SUSTAINED/GRANTED, respectively, with leave to amend retroactively granted, such that the second amended complaint shall stand as the current operative pleading. The Court notes plaintiff did not follow proper procedure, since only a first amended complaint may be filed without leave of court. (See Code Civ. Proc., § 472; see also Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 575 (“Under section 472, the right to amend a cross‐ com...

Excerpt: ...d 2.551, for an order sealing the redacted portions of the following documents: 1. Plaintiffs' Response to Defendant's Second Supplemental Opposition to Plaintiffs' Motion to Disqualify Robert Crockett and Crockett Associates as Counsel for Defendant (Subject Response); 2. Declaration of Brett Lay in Support of Plaintiffs' Motion to Disqualify (Subject Lay Declaration); 3. Exhibits and attached to the Declaration of Jonathan M. Jenkins in Opposit...

Excerpt: ... the Dickens declaration (¶ 5 at p. 2:1‐3 and Ex. D) and Dr. Whitfield's four evidentiary objections to the Shuman declaration and three evidentiary objections to the Pregerson declaration are OVERRULED as not code‐ compliant. (See Cal. Rules of Court, rule 3.1354(c) [“A party submitting written objections to 2 evidence must submit with the objections a proposed order.”].) Moreover, the Court has not considered the Dickens reply declarat...

Excerpt: ...against defendants are uncertain, ambiguous and/or unintelligible.”4 (See Demurrer at 3:26‐28, 4:3‐6, and 4:12‐15.) 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 Rule 2.9, t...

Excerpt: ...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 Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Petitioner Carries Her Burden of Showing the Existence of a Written Agreement to Arbi...

Excerpt: ...m 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 Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Terlato's request for judicial notice is GRANTED. The Court takes judicial notice o...

Excerpt: ...ey of record, monetary sanctions in the amount of $1,460 within 10 days of notice of entry of the present order. Plaintiff On Deck Capital, Inc. moves, pursuant to Code of Civil Procedure section 2033.280 for an order deeming admitted and conclusively established the truth of all matters specified in Plaintiff's Request for Admissions, Set One, on the grounds that the party to whom the requests were directed, failed to serve timely verified respo...

Excerpt: ...nts between P&J and Jarhett Blonien from October 12, 2017, through October 10, 2018. P&J objected on the grounds of attorney‐client privilege and attorney‐work product doctrine. It is unclear how many documents are at issue as well as how the privileges apply considering the various parties involved and the potential privileges between them. A privilege log providing a description of the documents at issue will better permit a judicial evalua...

Excerpt: ...uest for monetary sanctions for bringing its motion is DENIED. Lopez did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2030.290, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023.030, subdivision (a), states the Court may impose monetary sanc...

Excerpt: ...nds in its notice of intention to move for a new trial, plaintiff has not developed an argument on these grounds. Plaintiff's motion for a new trial on the ground of accident or surprise, which ordinary prudence could not have guarded against pursuant to Code of Civil Procedure section 657(3) is DENIED. Despite initially raising this ground in its notice of intention to move for a new trial, plaintiff has not developed an argument on this ground....

Excerpt: ...verified code‐compliant further responses, without objections other than those made based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. (Korea Data Systems Co. v. Super. Ct. (1997) 51 Cal.App.4th 1513, 1516.) JNS and Grant shall provide a privilege log for any documents withheld under the attorney‐client privilege or attorney work product doctrine. (...

Excerpt: ...cts, serve judicial economy, and protect against double recovery by Plaintiff. Defendants request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters of the request, but not for the truth of the matters asserted therein. 11 It appears to the Court that there are questions of fact that are not only at issue in both this action and the determination of the validity of the Sixth Amendment in the 1035 Action, but ar...

Excerpt: ...eventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. A. Standing/Real Party In Interest On July 23, 2021, the Court continued the matter after defendants' reply raised for the first tim...

Excerpt: ...rt's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff Donald Veverka moves the Court for an order striking Defendant's Memorandum of Costs in its entirety on the grounds that an employer is not entitled to costs where a jury finds that the Plaintiff employee engaged in protect...

Excerpt: ...ed the RFA. Long, however, then failed to provide any explanation as to why he made the denial in his response to form interrogatory number 17.1. RFA number 131 asked Long to admit that in 2015, he believed he would be a 100% owner of Polvora, Inc. and that if the Bureau of Gambling Control approved him for licensure, then he would relinquish 80% ownership of Polvora, Inc. to Michael LeBlanc and Gabriel Pattee. Long denied the RFA. Long then prov...

Excerpt: ... offsets the judgment against Respondent. Respondent's Request for Judicial Notice (RJN) is GRANTED. The Court takes judicial notice of Exhibits 2 and 9. The Court also takes judicial notice of Exhibits 1, 3‐8, and 10, but not for the truth of the matters asserted therein. The following facts appear to be uncontroverted. In 2006, Respondent purchased certain real property known as 12 Pascale Place, Napa, California. (Property.) During the trans...

Excerpt: ... is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in 14 addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought where the gravamen of the complaint is that the “[d]efendant became intoxicated and the...

Excerpt: ...gnals Remain Insufficient to Establish the Existence of Dangerous Condition; 3. No Reasonable Trier of Fact Could Conclude that Plaintiff Exercised Due Care in Attempting to Use the Property in the Manner Alleged; 4. Any Danger Inherent in Crossing Soscol Avenue at the Incident Location was Open and Obvious and Plaintiff has again Failed to Allege Necessity as Matter of Law; 5. Any Danger Was Open and Obvious; and 6. Plaintiff Has Not Established...

Excerpt: ... Chadbourne.” (Notice of Motion at 1:20‐22.) There is no proof of service of the motion or related papers on Plaintiff. “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.) Plaintiff waives the defect, however, by filing a substantive opposition. “It is well settled that the appearance o...

Excerpt: ...roup, Inc. (HBCG) move the Court for an order granting the moving parties leave to join United States Fire Insurance Company (US Fire) as a party to the arbitration proceedings titled Barbara L. Meyer v. Robert D. Massaro, et al., pending before the American Arbitration Association as case number 01‐20‐0004‐9809 (9809 Arbitration). Alternatively, the parties move, pursuant to Code of Civil Procedure section 1281.2, for an order terminating ...

Excerpt: ...m filing any new lawsuits in propia persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed; and (2) require Plaintiff to furnish security sufficient to cover DSH‐Napa's anticipated attorney fees and costs before being permitted to proceed further in the present matter. 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise specified. 3 The ...

Excerpt: ...ow why her former attorney included the affirmative defenses in her Answer and the defenses are therefore “irrelevant, false, and/or improper”; and (2) striking Defendant's denials of material allegations contained in her Answer to Complaint paragraph numbers 14‐15, 17‐19, 21‐23, 25‐ 28, 30‐32, and 34‐36 on the grounds that Johnson does not know why “Andino” denied material allegations and Defendant does not know what a materi...

Excerpt: ...ting, and as such, there is no reason why DFS Flooring should be dragged into arbitration. The argument is not well‐taken considering that since the opposition was filed, Wright Contracting filed a cross‐complaint naming DFS Flooring as a cross‐defendant in the first cause of action for breach of contract and seventh cause of action for contribution. Although DFS Flooring agrees to arbitrate its claim against Odd Fellows, it objects to bein...

Excerpt: ... a dog would run into him” and further because Plaintiff assumed the risk of his alleged injuries. (See Notice of Demurrer.) Through the FAC Plaintiff asserts a single cause of action against Quaranta for negligence, alleging that while both were at the Shurtleff off‐leash dog park talking, Quaranta's dog Orlock, in high‐speed pursuit of a tennis ball that had been thrown by co‐defendant Nickolas Fonville, ran into Plaintiff's knee, knock...