Excerpt: ...lass members by U.S. Mail or maintain a website with information on the Final Judgment for a period of six months after entry of Final Judgment, and, through the Class Notice, provide Class Members with the address of the website. (See Rules of Court, rule 3.771, subd. (b).) The Court is not satisfied with Petitioner's explanation as to why English‐only class notification is sufficient. Petitioners assert that “[a]n English‐only class notic...

Excerpt: ...d the circumstances in which an independent contractor's employee (or third party) may recover in tort from the party hiring the contractor. Defendants are correct that generally a person who hires an independent contractor is not liable for the torts of the independent contractor. (See Torres v. Reardon (1992) 3 Cal.App.4th 831, 838.) “At common law, a person who hired an independent contractor generally was not liable to third parties for inj...

Excerpt: ...ruling. Any such proposed order shall be filed, no later than August 20, 2021, in the form of a Stipulation and Proposed Order. If the parties are unable to so agree, they are each invited to submit a proposed order consistent with this ruling, no later than August 20, 2021. The Court will then select the proposed order that is consistent with this ruling and most reasonably balances Plaintiffs' interest in discovery with State Farm's interest in...

Excerpt: ...lief. 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, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argum...

Excerpt: ...urportedly set forth therein on the grounds that: (1) the Complaint fails to state facts 2 sufficient to constitute a cause of action, and (2) Defendants Beverly Kendall, Anthony Daniel James, and Kathaleen Stephenie Flood have been mis‐joined. The claims purportedly asserted through the Complaint arise out of the purchase and sale of certain real property in Napa County (Property). (See Complaint at ¶ 1.) Realtor Defendants request for judici...

Excerpt: ...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 defects or irregularities in the notice of motion”].) 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 tentat...

Excerpt: ...ituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these...

Excerpt: ...famation of character on the grounds of uncertainty and failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiff Jennifer L. Spalding has not substantively addressed the legal arguments set forth in defendant's moving papers. Plaintiff does not allege when defendant began to represent her. Plaintiff has not pled sufficient facts supporting the breach of any particular fiduciary duty. Plaintiff has not pled her fraud claim wit...

Excerpt: ...assment, and discrimination in violation of Government Code section 12940, subdivision (k), and fourth cause of action for violation of the Whistleblower Protection Act on the grounds these claims are barred pursuant to the doctrines of collateral estoppel and judicial estoppel because 3 the matter previously was heard at the State Personnel Board (“SPB”) and that adverse determination was not set aside is SUSTAINED WITHOUT LEAVE TO AMEND. Pl...

Excerpt: ...aims asserted in the cross‐complaint. The County is entitled to review the relevant corporate and financial records. Any privacy interest is outweighed by the County's right to directly relevant evidence. Indeed, without this financial information, it is unclear how the County can prove its allegations. Turley's objections are overruled. Turley shall serve verified code‐compliant further responses, without objections, and documents within 10 ...

Excerpt: ...that Plaintiff fails to allege facts sufficient to constitute a cause of action against SLS. SLS further demurs on the grounds that the Complaint is uncertain, ambiguous and unintelligible. A. Uncertainty As noted, SLS asserts, through its Notice of Motion, that it demurs on grounds of uncertainty. A demurrer for uncertainty is disfavored and may only be sustained where the allegations render the complaint so incomprehensible that a defendant can...

Excerpt: ...s amended November 14, 2019. In its opinion affirming this Court's judgment in the matter, the Court of Appeal held that Plaintiffs are entitled to an award of their attorneys' fees and costs on appeal. (See Frattini v. First American Title Co. of Napa (March 30, 2021, A158995) 2021 Cal.App. Unpub. LEXIS 2085 at *8‐9 [nonpub. opn.].) The Court of Appeal remanded the matter for this Court to 3 “calculate the amount of appellate attorney fees, ...

Excerpt: ...l Acknowledgement of Partial Satisfaction of Judgment. 5 Petitioner Kelley Dayan moves for an order permitting Petitioner to file the foregoing documents (Subject Documents) under seal on the grounds that Petitioner has a contractual obligation not to disclose certain portions of the documents that are relevant to her defense to Respondent's pending motion to compel acknowledgement. The notice of motion does not provide notice of the Court's tent...

Excerpt: ...on (individually and as trustee of the Patricia Simpson Trust) complains of in her complaint, seventh 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. The pleadings serve as the “out mea...

Excerpt: ...fault and any default judgment entered against him on the grounds of inadvertence, surprise, mistake or excusable neglect and/or that the service of summons was defective and did not result in actual notice.2,3 Zuckerman further moves, pursuant to section 418.10, subdivision (a)(1), for an order quashing service of the Summons due to lack of jurisdiction. Zuckerman's request for judicial notice is GRANTED. Zuckerman contends that the service of s...

Excerpt: ...ng 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. The Court notes two aspects of the moving papers that introduce some ambiguity into the present motion. First, a notice of motion must state exactly what relief is sought...

Excerpt: ...ton), care of its attorneys of record in this matter, the amount of $750 no later than 10 days after notice of entry of the present order. Wilmington applies, ex parte, for an order, pursuant to Code of Civil Procedure sections 405.31, 405.32, and 405.34, expunging the Notice of Pendency of Action (Lis Pendens) recorded on September 19, 2019, as Instrument No. 2019‐0018688 with the Napa County Recorder, by or on behalf of Plaintiffs Bruce Chadb...

Excerpt: ...roduction of documents responsive to request for production of documents (set one) numbers 1‐13 by producing correspondence, bills, and invoices showing when Bowman completed its electrical work. Bowman previously produced 34 documents, but Energy Plus contends it still has not received responsive documents to at least 11 of the document requests. Energy Plus also seeks issue and monetary sanctions for failure to comply with the Court's discove...

Excerpt: ...emand for Production of Documents, Set Two, Demand 5” on the grounds that “responding party has failed, without justification, to serve proper responses to these inspection demands.” (Notice of Motion at 1:28‐2.4.) It is not immediately clear from the foregoing which of the defendants in the action this motion is directed to. However, Plaintiff also requests an award of $6,082.00 in monetary sanctions against Defendant GVM Law LLP (GVM) a...

Excerpt: ... and Respondent Deborah Jeanne Miller (Movant) moves for an order compelling Plaintiff/Petitioner Duncan Mackenzie Miller (Mr. Miller) to provide code‐compliant verified responses to: (1) Form Interrogatories, Set Two; (2) Request for Production of Documents, Set One; (3) Special Interrogatories, Set One; (4) and Requests for Admissions, Set One. Movant further requests an order that the truth of the subject facts of the Requests for Admissions...

Excerpt: ...n existing arbitration pending before JAMS; and (3) staying all further proceedings, including pending discovery. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) Generally, on a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, a c...

Excerpt: ... Farina has not complied with the Court's order compelling her deposition and production of documents. Alam now seeks terminating, evidentiary, and monetary sanctions. 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 issue sanctions, evidence sanc...

Excerpt: ...nd Gayle Daniels move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling Defendant State Farm General Insurance Company (State Farm) to provide further responses and documents in response to Plaintiff's Request for Production of Documents, Sets One, Two and Three. 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 contac...

Excerpt: ...efendants). 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, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral...

Excerpt: ...iff's First Amended Complaint (FAC) on the grounds that Plaintiff's allegations in support thereof are conclusory in nature and fail to support an award thereof. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformi...