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Location: Napa x
2023.06.22 Demurrer 109
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.22
Excerpt: ...on and is uncertain. (Notice of Demurrer at 3:5-8.) A complaint must contain "facts constituting the cause of action." (Code Civ. Proc., S 425.10, subd. (a)(l).) "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ... (e) The pleading does not state facts sufficient to constitute a cause of The pleading i...
2023.06.15 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.15
Excerpt: ...endant California Department of State Hospitals ("DSH") demurs to each cause of action asserted through the First Amended Complaint (FAC) by Plaintiff Rosela Lee ("Plaintiff"), an individual and as Successor-in-Interest to Victoria Jarvis, an individual, deceased ("Decedent"). DSH demurs on grounds that "Plaintiff lacks standing to assert causes of action one through four" and that Plaintiff's fifth cause of action for intentional infliction of e...
2023.06.14 Motion to Require Vexatious Litigant to Furnish Security or to Dismiss Litigation 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...t to show a reasonable probability that they will prevail on the merits of their claims, they will be ordered to furnish a security in the amount of $72,395 m, no later than 15 court days' following notice of entry of the Court's ruling on the motion. (S 391.3, subd. (a).) The stay of proceedings pending outcome of the present motion shall continue "until 10 days after the required security has been furnished and Defendants have given written not...
2023.06.14 Motion to Compel Responses, for Monetary Sanctions 188
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...s, Set One; and Request for Production of Documents, Set One. Plaintiff is further directed to pay to Defendant, care of Defendant's counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $1,460.00. Defendant Robert Jordan moves for an order compelling Plaintiff Orlando Ricardo Sanchez dba El Dorado Roofing to respond to Jordan's Form Interrogatories, Set On...
2023.06.09 Motion to Compel Arbitration 069
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.09
Excerpt: ...uant to Health & Safety Code section 1430 pending the outcome of such arbitration. The matter is set for a Review Hearing re: Arbitration on December 8, 2023, at 8:30 a.m. in Dept. B. l. PRELIMINARY MATTERS Defendants Providence Group, Inc. and NAPAIDENCE OPCO, LLC move, pursuant to Code of Civil Procedure section 1281.2, to compel arbitration and stay the action "based on the parties' written agreement to arbitrate." (Notice of Motion at 1:25-27...
2023.06.08 Motion to Stay, Quash, or for Protective Order Re Depositions 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.08
Excerpt: ...nd/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Court granted Defendant L...
2023.06.07 Motion to Compel Further Responses 026
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.07
Excerpt: ...quest for sanctions is DENIED. FPI Management, Inc. (FPI) moves, pursuant to Code of Civil Procedure secton 2030.300, for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form Interrogatory Nos. 6.4, 6.5, 6.7, 8.4, 8.7, 50.1 and 50.2 (Subject Interrogatories).l FPI 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. further moves, pursuant to section 2030.3(L subdiv...
2023.06.07 Motion for Summary Judgment 225
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.07
Excerpt: ...intiff Elsa Espinosa. "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit...." (Code Civ. Proc„ S 437c, subd. The party moving for summary judgment and/or summary adjudication bears the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 825, 850.) A defendant meets this burden by showing that one or more elements...
2023.06.06 Motion to Compel Responses, for Sanctions 402
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.06
Excerpt: ...her ordered to pay to Judgment Creditor Amulet Estate LLC care of its attorneys of record monetary sanctions in the amount of $2,045 within 30 calendar days of notce of entry of entry of the present order. Plaintiff and Judgment Creditor Amulet Estate LLC moves, pursuant to Code of Civil Procedure sections 708.030, subdivision (a) and 2031.310, for an order compelling Beckstoffer to prov-de full and complete responses, and produce responsive docu...
2023.06.02 Motion to Compel Responses, for Monetary Sanctions 769
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.02
Excerpt: ...covery, without objection, and remit payment in the amount of $540 as monetary sanctions to Defendants, care of their attorneys of record, within 10 calendar days of notice of entry of the present order. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the miss...
2023.06.02 Motion to Compel Arbitration and Stay Action 547
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.02
Excerpt: ...gument 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 FCA US LLC (FCA) moves for an order compelling arbitration and staying the action, "based on the Arbitration Provision included in the Sales Contract agre...
2023.06.02 Demurrer to FAC 149
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.06.02
Excerpt: ...llege facts sufficient to state a claim and further fails to plead standing to assert the claims against Defendant. Defendant demurred to the original complaint on these same grounds. The Court sustained that demurrer by Minute Order of February 1, 2023 (2/1 Order). Thereafter Plaintiff filed the FAC. As with the first demurrer, while Defendant— through the Notice — suggests two independent grounds for demurrer, the arguments advanced through...
2023.06.01 Motion to Stay Proceedings 234
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.01
Excerpt: ... in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 ...
2023.05.31 Motion to Quash Deposition of Subpoena 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.31
Excerpt: ..."If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court ...
2023.05.25 Motion to Quash Service of Summons and Complaint, to Set Aside Default, Judgment 301
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.05.25
Excerpt: ...ined against them. Defendants so move on grounds that the Court lacks jurisdiction over Defendants because the substituted service was not properly effectuated which resulted in Defendants lacking actual notice of the action. In the event that the Court finds that substituted service was properly effectuated, Defendants alternatively move for the Courtto exercise its equitable powers and set aside the default and default judgment on grounds that ...
2023.05.19 Motion to Compel Responses, for Monetary Sanctions 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.19
Excerpt: ...e of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represent...
2023.05.18 Motion to Compel Amended Verified Responses 286
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.18
Excerpt: ...to produce responsive documents and to serve supplemental and/or amended responses to Request for Production of Documents, Set 2 (Subject Discovery)l . Czap so moves on grounds that Plaintiffs have failed to serve proper responses to the Subject Discovery. Finally, Czap moves, pursuant to sections 2023.010, 2023.030, and 2031.320, for an award of monetary sanctions against Wang in the sum of $13,487.50. The moving party failed to include in the n...
2023.05.18 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.18
Excerpt: ...edure, section 430.41, subdivision (b); and whether they may assert a novel argument in support of their demurrer to the sixth cause of action for wrongful death, as discussed below. Plaintiff is granted leave to serve and file, no later than June 8, 2023, a supplemental opposition addressing the same issues and/or DSH's arguments thereon. A. PRELIMINARY MATTERS Defendant California Department of State Hospitals ("DSH") demurs to each cause of ac...
2023.05.16 Motion to Set Aside Void Judgment 423
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.16
Excerpt: ... 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 Gino Bartalotti and Christopher Bartalotti move for an order setting aside judgments entered in fawr of Plaintiff Gordon Flesch Company in this action on the grounds of "improper a...
2023.05.16 Motion to Continue Trial 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.16
Excerpt: ...erence date, and all related pre- trial dates, on grounds that a new Plaintiff has recently been added to the case, Plaintiffs recently filed a Third Amended Complaint, and Plaintiff Todd Wentzel recently testified, at deposition, that he is seeking damages in the form of lost wages which testimony is purportedly inconsistent with earlier discovery responses. The Court has a statutory "responsibilityto eliminate delay in the progress and ultimate...
2023.05.12 Motion to Strike Punitive Damages 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.12
Excerpt: ...other portions of the SAC. Plaintiffs are granted 10 days' leave, from notice of entry of the present order, to amend the SAC forthe exclusive purpose of supporting a claim for punitive damages. Defendants David John Campbell, Jr. Bradford Stapleton and We Care Pest Solutions, Inc. move, pursuant to Code of Civil Procedure Sections 435 and 436, "to strike the prayer for punitive damages, and all references thereto, from the Second Amended Complai...
2023.05.11 Demurrer to SAC 512
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.11
Excerpt: .... The demurrer to each cause of achon is brought pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant further contends that the third cause of action, for wrongful termination in violation of public policy, fails, in part, based on the sham pleadings doctrine. Defendant previously demurred to each of Plaintiffs original Complaint and First Amended Complaint (FAC). Each of these demurrers was sustained by the Court with l...
2023.05.10 Motion to Strike 810
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ...g. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (Code Civ. Proc. 5436.) The matters Defendants object to fall into two categories: (a) allegations regarding Robert Mueller's role in Zinfandel, LLC and Plaintiff's alter ego theory of liability (Notice of Motion at 2:4-14); and (b) allegations relating to Plaintiff's prayer for attorneys' fees (...
2023.05.10 Motion to Set Aside Default Judgment 575
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ... 1:25-27.) The Court appreciates counsel's efforts at resolving what can fairly be described as a conundrum. However, the Court is unpersuaded that Code of Civil Procedure section 473, subdivision (b) provides authority for such resolution. The section of the statute relied upon provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding t...
2023.05.10 Motion to Augment Expert Witness List 305
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ...ious Diseases at the time of mutual and simultaneous exchange of expert witness information"; (b) "the need for the Augmented Witness List was recently discovered based on the deposition testimony of non- retained experts"; and (c) "Plaintiff will not be prejudiced by the proposed Augmented Expert List." (Motion at 1:21-2:2.) The conditions for granting leave to augment an expert witness list are prescribed by statute. (See Code Civ. Proc„ S 20...
2023.05.04 Motion for Summary Judgment 088
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.04
Excerpt: ...oper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represents it did not timely rece...
2023.05.03 Demurrer 131
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.05.03
Excerpt: ... Strata demurs, pursuant to Code of Civil Procedure section 430.10, subdivisions (a), (b), and (e), to the Fourth Cause of Action for Negligence and Fifth Cause of Action for Breach of Contract asserted in Galleron's Complaint filed February 23, 2023. The grounds for the demur are that these causes of action are barred by the statute of limitations and fails to state facts sufficient to constitute a cause of action. The moving party failed to inc...
2023.05.02 Motion to Set Aside Summary Judgment 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.02
Excerpt: ...r her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., S 473, subd. (bj.) 3 Plaintiffs designated the case as complex upon filing and Defendants agree with that designation. (See Opposition at 12:9-14.) As Defendants assert, the Court confirmed the complex designation before all parties at the end of the...
2023.05.02 Motion for Summary Judgment, Adjudication 135
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.05.02
Excerpt: ...Movants) move, pursuant to Code of Civil Procedure section 437c, for summary judgment on the Cross-complaint filed by Karim P. Allana, or in the alternative summary adjudication on each of the four causes of action asserted against movants therein. The motion is made on grounds that there are no triable issues of material fact as to any of the causes of achon asserted through the Cross-complaint. A. PROCEDURAL MATTERS The Cross-complaint purports...
2023.05.02 Motion for Protective Order 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.02
Excerpt: ...time is GRANTED IN PART. Plaintiffs and Defendants are directed to meet and confer in faith with the Deponents to schedule the first seven (7) hours of their depositions on a mutually- agreeable date no later than May 10, 2023. While the Court believes it would be more efficient to depose Ms. Rodgers first, it declines to order this. The party that subpoenaed the Deponents, in this case Defendants, shall begin the depositions, unless otherwise ag...
2023.04.27 Motion to Enforce Pre-Trial Order 421
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.04.27
Excerpt: ... (Notice of Motion at 1:22-25.) Following multiple rounds of briefing, Reliant fails to explain exactly what the requested "enforcement" would entail. There is no proposed order on file. There appears in the moving papers and supplemental briefs no specific request for an order mandating or prohibiting any action by any party (or the Special Master). Moreover, given that the parties have, both explicitly and by implication, agreed to a significan...
2023.04.26 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...Investors LLC (collectively, "Plaintiffs") move, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing certain documents and portions of documents which Defendant Interstate Fire & Casualty Company ("Interstate") conditionally filed under seal on March 23, 2023 in opposition to Non-party Marsh USA's ("Marsh") Motion for Protective Order (filed on February 22, 2023 and withdrawn on March 30, 2023 prior to the April 5, 2023 hearin...
2023.04.26 Motion to Quash Deposition Subpoena for Appearance, Production of Docs 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...CE REQUIRED to set a hearing date and briefing schedule for both motions. As noted in the Court's April 18, 2023 Minute Order, all discovery proceedings are stayed until notice of entry of an order ruling on Plaintiffs anti-SLAPP motion. [3] MOTION TO STRIKE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 TENTATIVE RULING: The motion is DENIED. A. Procedural Matters Cross-Defendants County of Napa ("County") and David Morrison and Akenya Robin...
2023.04.26 Motion to Compel Further Responses 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...e of entry of the present order. As to the "Alter Ego Requests" (defined below), within 15 calendar days of notice of entry of the present order, Cross-Defendants shall produce copies of all responsive documents, withholding only those that it contends are, in their entirety, subject to one or both of the objections discussed herein, and redacting those that are partially subject to one or both of the objections. Cross-Defendants shall, within th...
2023.04.21 Motion to Compel Responses, for Sanctions 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.21
Excerpt: ...o later than 15 calendar days after notice of entry of the present order. Plaintiffs and their counsel are ordered to pay $1,020.00 payable to Defendants' counsel within 15 calendar days of notice of entry of order. A. Procedural Matters Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, "Defendants") move for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, "Plaintiffs") to further respond to Defendants' Re...
2023.04.20 Motion for Judgment on the Pleadings 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.20
Excerpt: ...ess Easement, Enforcement of Express Easement, and Declaratory Relief. The motion is brought on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to oppo...
2023.04.19 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.19
Excerpt: ... First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between plaintiffs, Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Mark Jackson dba Jackson Drywall; Plough Construction; SLF Concr...
2023.04.18 Motion to Compel Responses, for Monetary Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.18
Excerpt: ...han 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $855.00. Based on the evidence produced in support of the motion the Court finds that: (a) Defendant Dalton Totty served Form Interrogatories, Set One, on Plaintiff on January 11, 2023; (b) Plaintiff did not respond in any manner to the subject interrogatories by the statutory deadline; and (c) Despite Defendant's counsel's several efforts at mee...
2023.04.17 Motion for Attorney Fees 403
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.04.17
Excerpt: ...mpelling Respondents Kelham Vineyards & Winery LLC's ("Kelham Vineyards") and Susanna Kelham ("Ms. Kelham") (collectively, "Respondents") to comply with Corporations Codel section 17704.10 and to make an initial return to the Writ by 4:00 p.m. on December 15, 2022 ("Writ"). On January 25, 2023, the Court issued an Order to Show Cause regarding Respondents' Failure to Comply with the Writ and Why Sanctions Should Not Issue ("First OSC"). (Minute O...
2023.04.14 Motion to Compel Deposition, for Monetary Sanctions 667
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.04.14
Excerpt: ...ice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represe...
2023.04.12 Motion to Enforce Pre-Trial Order 421
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.04.12
Excerpt: ...anted leave to serve and file, no later than April 24, 2023, a supplemental reply of no more than 4 pages addressing matters raised by BTC through the supplemental opposition. Pursuant to the Notice of Mohon, "The Reliant Group (Reliant) moves to enforce Pre- Trial Order No. 1 and seeks clarification regarding the scope of the Special Master's authority. Reliant also seeks clarification regarding Special Master's December 9, 2022 email order, spe...
2023.04.11 Motion to Strike Punitive Damage Allegations 462
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.11
Excerpt: .... Defendants shall provide notice of entry of the order to Plaintiff. Plaintiff shall file, within 10 days from the notce of entry of order, an amended complaint which removes Paragraph D of the Prayer on page 3 of the Complaint. Defendants shall file an answer to the amended complaint within 10 days from service thereof. Defendants Luis Rosas and Maria Lezama (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 431.10,...
2023.04.11 Motion for Summary Judgment, Adjudication 767
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.04.11
Excerpt: ...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. The pleadings serve as the "outer measure of material-ty" and "determine the scope of relevant issues on a summary judgment motion." (Laabs v. City of Victor...
2023.04.05 Motion for Summary Adjudication 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.05
Excerpt: ...ross- Defendant RLM Construction Services, Inc. ("RLM") as to the First Cause of Acton for Breach of Express Contractual Indemnity, Second Cause of Acton for Declaratory Relief Regarding Duty to Defend, and Third Cause of Acton for Declaratory Relief Regarding Duty to Indemnify asserted in Third Street's Cross-complaint. Third Street advances two grounds for the motion. First, the express terms of the written subcontract agreement governing RLM's...
2023.04.05 Demurrer to FAC 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.05
Excerpt: ...Code of Civil Procedure section 430.10, to the First Amended Complaint ("FAC") filed by Plaintiff Napa County ("Plaintiff") on the grounds that the FAC and the two causes of action stated therein for Public Nuisance Per Se and Unfair Competition fail to state facts sufficient to constitute a cause of action against Defendants. Defendants' 17-page memorandum exceeds the maximum page limit. (See Rules of Court, rule 3.1113, subd. (d) ["no opening o...
2023.04.04 Motion for Leave to File Complaint 145
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.04
Excerpt: ...n for Writ of Mandate ("Cross-complaint") on the ground that the proposed Cross- Complaint arises out of the same transaction or occurrence as the underlying Complaint in this action and is a related cause of action as defined in Code of Civil Procedure secton 426.50 but was not pleaded as a result of the District engaging in discussion with Plaintiff in an attempt to resolve the matter outside of litigation. "A party who fails to plead a cause o...
2023.04.04 Motion for Change of Venue 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.04
Excerpt: ...ence of witnesses and ends of justice will be promoted by the change and that a fair and impartial trial cannot be had in this county. (Motion at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal 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 ...
2023.03.30 Motion to Enforce Settlement 035
Location: Napa
Judge: Llewelyn, Lloyd
Hearing Date: 2023.03.30
Excerpt: ...urt may enter the requested order. This is not necessarily fatal. Neither the Code of Civil Procedure nor the Rules of Court expressly require a moving party to include, in the notice of motion, citaton to the authority by which the particular relief is sought. However, "[t]he memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited...
2023.03.30 Motion to Compel Further Responses 416
Location: Napa
Judge: Llewelyn, Lloyd
Hearing Date: 2023.03.30
Excerpt: ...n moves, pursuant to Code of Civil Procedure sections 2017.010, 2030.230, and 2030.300, forto compel Defendant to provide further responses to Plaintiff's First Set of Specially-prepared Interrogatories, numbers 8, 10-15, 16b, 19-24, 26-27, 31-34, 36-38, and 40-41. A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Ci...
2023.03.29 Motion to Compel Answers 894
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.29
Excerpt: ...rogatories, Set One, and Request for Production of Documents, Set One, no later than 15 calendar days after notice of entry of order. Blakely and his counsel are ordered to payto Plaintiff, care of its attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $1,080. Plaintiff Benigno Gaytan Ramirez moves, pursuant to Code of Civil Procedure sections 2030.290 and for an order compelling Blakeley to s...
2023.03.29 Motion to Enforce Pre-Trial Order 421
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.29
Excerpt: ...tice of Motion at 1:22-25.) A. NATURE OF THE RELIEF SOUGHT THROUGH HE MOTION The Court finds the Notice of Motion vague and ambiguous regarding precisely what form of relief Reliant seeks and the grounds on which Reliant seeks it. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a 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 open...
2023.03.29 Motion to Compel Further Responses 026
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.29
Excerpt: ... ruling. The motion to compel is DENIED in all other respects. The request for monetary sanctions is also DENIED. Defendant FPI Management, Inc. (FPI) moves for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form and Special Interrogatories, Requests for Production of and Requests for Admissions and for an award of monetary sanctions in the amount of $1, 770M. A. Interrogatories The Court finds from the evidence pr...
2023.03.29 Motion to Set Aside Default Judgment 575
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.29
Excerpt: ...r. Plaintiff is directed to give Defendant notice of the continued hearing. Plaintiff Kelsbn Group, Inc. dba Pacific Credit Services moves for an order to set aside the default and default judgment entered against Defendant Natalie Morrison on grounds that, "the aforementioned Entry of Default and Default Judgment has been erroneously prepared and should not have been submitted to the courts...." (Notice of Motion at 1:25-27.) The Court appreciat...
2023.03.28 Request for Preliminary Injunction 258
Location: Napa
Judge: Llewelyn, Lloyd
Hearing Date: 2023.03.28
Excerpt: ..., the 2:00 p.m. hearing. * TENTATIVE RULING: Plaintiffs' request for a preliminary injunction is DENIED. [continued on next page] l. PROCEDURAL MATTERS By way of their Verified First Amended Complaint ("FAC"), Plaintiffs Denise Chaix Wiig and Darcel C. Chaix (collectively, "Plaintiffs") "apply for preliminary ... injunctive relief under Penal Code section 602 and Code of Civ. Procedure section 527." (FAC at 1:21-23.) The FAC prays, in part, for a...
2023.03.28 Motion to Quash Subpoena 123
Location: Napa
Judge: Llewelyn, Lloyd
Hearing Date: 2023.03.28
Excerpt: ... of Motion at 2:10-13.) The Notice of Motion further provides that the motion "is made on the ground that pursuant to Code of Civil procedure S 2018.010 et seq„ the documents sought in the subpoena is protected [sic] underthe work product doctrine." (ld. at 2:14-15.) Defendants and Cross-complainants first argue that, "[t]he winery's moton is procedurally flawed. First, the notice of motion is incorrect. It states that the motion is made pursua...
2023.03.28 Demurrer, Motion to Strike 262
Location: Napa
Judge: Llewelyn, Lloyd
Hearing Date: 2023.03.28
Excerpt: ... ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION ** The matter is CONTINUED to March 28, 2023 at 2:00 p.m. in Dept. B. If that time does not work for any party, they are invited to appear at the 8:30 a.m. calendar after providing notice pursuant to Local Rule 2.9 to all other parties of their intention to appear. The follow-ng Tentatve Ruling will not be addressed during the 8:30 a.m. calendar, but is provided for purposes of, and will be heard at...
2023.03.23 Motion to Strike Complaint 237
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...aint "was [filed] for improper purposes relating to Sarah Solorio's exercise of her Constitutional rights, including the right to speech and the 'basic right of filing litigation.' [Citation.]" (Support Memo at 2:24-27; see also Rules of Court, rule 3.1110 ["La] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"].) A. PROCEDURAL MATTERS The moving party also failed ...
2023.03.23 Motion to Compel Compliance with Deposition and Records Subpoena 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...hall be held no later than April 7, 2023, unless stipulated otherwise. Congdon shall produce, by the agreed-upon date of her deposition, the documents requested in the subpoena subject to her previously-asserted objections. Plaintiffs' request for sanctons is GRANTED IN PART. Congdon is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $2,060. Plain...
2023.03.23 Demurrer 326
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...barred as a matter of law, (3) the Second3 through Sixth Causes of Action for childhood sexual assault, negligence, negligent hiring, supervision, and retention, battery, and sexual battery are barred by Government Code section 815, and (4) the complaint fails to state a cause of action against DSH under the doctrine of superior because the alleged acts of its purported employees were not within the scope of their employment. As a procedural matt...
2023.03.21 Motion to Permit Further Deposition and Discovery of Financial Status 903
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.21
Excerpt: ...of Defendant Gene Webb's ("Defendant") financial circumstances for purposes of exemplary damages and to allow inquiry and testimony into two new defenses presented by Defendant for his failure to correct the slide condition: advice of counsel and reliance on consultant writings. The Court discusses the topics of discovery separately below. A. Discovery of Defendant's Financial Condition "No pretrial discovery by the plaintiff shall be permitted w...
2023.03.21 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.21
Excerpt: ...dant and Cross-complainant Fultz moves for three distinct forms of relief. First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Ma...
2023.03.17 Motion for Attorney Fees 357
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ... costs. A. PROCEDURAL MATTERS 1. The Interests of Justce are Served by a Consideration of Defendant's Motion on the Merits "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court...must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case...." (Rules of Court, rule 3.1702, subd. (b)(l).) With exceptions not releva...
2023.03.17 Motion for Attorney Fees 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ... the grounds that Altamura is the prevailing party in the action and is entitled to fees pursuant to contract between the parties. "Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees." 2 (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...
2023.03.17 Motion for Leave to Amend FACC 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ...Code of Civil Procedure sections 473 and 576, for "an order granting leave to amend their verified first amended cross-complaint to add causes of achon for breach of the contracts at issue in this litigation and for the purpose of adding certain real property as necessary and proper subject matter of this litigation." (Notice at 1-2.) Specifically, Cross-complainants argue that they are entitled to a judicial declaration of their interests in cer...
2023.03.15 Motion to Compel Further Responses 755
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.15
Excerpt: ...sponse to request numbers 7-11, 13, 16, 19-23, 25-25, and 32-33 within 15 calendar days of notice of entry of the present order. The Court further orders Defendant to comply with Code of Civil Procedure section 2031.280, subdivision (a), by serving on Plaintiffs, within 15 calendar days of entry of the present order, a spreadsheet identifying for each of documents 1-601 previously produced, "the specific request number to which the documents resp...
2023.03.15 Motion to Compel Arbitration and Dismiss Complaint 887
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.15
Excerpt: ...ment 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 La Tawla, LLC and BBJ Rentals Inc. move, "for an order to: (1) compel Plaintiff Ana Gaytan Garcia...to submit her individual PAGA claim to binding arbitrat...
2023.03.14 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.14
Excerpt: ...table and/or comparative contribution, or partial or comparative indemnity or apportionment based on comparative negligence or comparative fault." (Notice of Motion at 1:26-2:4.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing pa...
2023.03.10 Motion to Permit Amendment of Complaint 374
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.10
Excerpt: ...ing 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 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 t...
2023.03.07 Motion to Strike 357
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.07
Excerpt: ...ory Relief (“Petition”) filed by Plaintiff and Petitioner Discovery Homes Holding, LLC (“Petitioner”). Specifically, City moves to strike the following allegations: • Paragraph 17, p. 5, at lines 26-27: “The City has made no such findings here, and by rejecting the final map, it is disapproving the Project in derogation of the HAA.” • Paragraph 27, page 7: “The Project is a residential development subject to the protections of t...
2023.03.07 Motion to Compel Further Responses 240
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.07
Excerpt: ...interrogatories from Defendant's First Sets of Special and Form Interrogatories. A. LEGAL BACKGROUND “[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 reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., §2017.010; see Davies v. Super. Ct. (1984) ...
2023.03.07 Motion for Summary Adjudication 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.07
Excerpt: ... for Declaratory Relief 2 asserted in their Fourth Amended Complaint (“4AC”) filed on November 2, 2022, “interpreting paragraph 3 of the parties' 2005 water sharing agreement to mean that plaintiffs' right to take water from defendants' property pursuant to said agreement did not terminate upon plaintiffs' reconstruction of the house and renovation of the barn on their property.” (Notice at 2.) “The motion is made on the grounds that th...
2023.03.03 Motion to Strike 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.03
Excerpt: ...pect to the attorney's fees. A. PROCEDURAL MATTERS Defendants Kathryn Luebcke (“Luebcke”) and David Danza (“Danza”) move, pursuant to Code of Civil Procedure sections 435 and 436 for an order to strike the following portions of the amended complaint filed by Plaintiff Lan T T Nguyen (“Plaintiff”) on December 27, 2022: (1) the claims for punitive damages on page 44, line 18 to page 45, line 10 and as requested in the Prayer for Relief,...
2023.03.02 Motion to Enforce Settlement 035
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.02
Excerpt: ...ismissing all claims Plaintiff has asserted against Sutter Home in this action with prejudice consistent with the settlement. 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 ...
2023.03.02 Motion for Summary Judgment, Adjudication 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.02
Excerpt: ...ainst Defendant on each of Plaintiff's causes of action, on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. Wells Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party movi...
2023.03.01 Motion for Attorney Fees 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.01
Excerpt: ...able attorneys' fees in the amount of $43,550.70. 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. Plaintiffs attempted to cure this failure by providing the notice on February 22, 2023. However, this does not comply with the timing requirements under Local Rule 2.9. Therefore, Plaintiffs are directed to immediately provide, by telephone call AND email, t...
2023.03.01 Motion for Summary Judgment, Adjudication 903
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.01
Excerpt: ...filed on August 6, 14 2021. The grounds for the motion are (1) the evidence cannot satisfy Plaintiffs' burden of showing that Defendant acted with oppression, fraud, or malice and therefore all claims for punitive damages fail; and (2) Plaintiffs have no cognizable damages and therefore the second, third, and fourth claims for continuing nuisance, permanent nuisance, and negligence fail. (Notice at 2.) The moving party failed to include in the no...
2023.03.01 OSC Re Preliminary Injunction 166
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.03.01
Excerpt: ...5 Pickett Road, Calistoga, California (“Property”) that is the subject of the dispute between the parties (“subject hillside”). Because the matter was set by Court Order, no notice of motion was filed which would have included notice of the Court's tentative ruling system as required by Local Rule 2.9. County of Napa is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwi...
2023.02.28 Demurrer 939
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.28
Excerpt: ...to the opposition to demurrer. However, the subject matters of the objections are exclusively passages in the opposition memorandum of points and authorities. The memorandum does not constitute evidence. (See Smith, Smith & Kring v. Super Ct. (1997) 60 Cal.App.4th 573, 578 [“[t]he matters set forth in the unverified ‘Statement of Facts' and in memoranda of points and authorities are not evidence and cannot provide the basis for the granting o...
2023.02.24 Motion to Strike FAC 512
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.24
Excerpt: ...”) First Amended Complaint (“FAC”) and Prayer for Relief on the grounds that the First and Second Causes of Action are not drawn in conformity with the Order of the Court and Plaintiff's request for punitive damages is barred by Code of Civil Procedure section 425.14. A. The Motion Regarding Punitive Damages is Granted “No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be includ...
2023.02.24 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.24
Excerpt: ...A to permit the moving party to provide adequate notice of the hearing and file proper proof of service of such notice and the moving papers. Defendant Plough Construction, Inc. (Plough) moves for an order: 1) “determining that the settlement they have entered into was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6”; and 2) “dismissing and/or barring all pending or future complaints or cross-complaints against...
2023.02.24 Motion for Attorney Fees 357
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.24
Excerpt: ...to rule on the matter. “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.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc. §1005, subd. (b).) Where service by ...
2023.02.24 Demurrer 055
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.24
Excerpt: ...asserted therein. The original complaint was filed January 14, 2021. Defendants demurred thereto on March 9, 2021. The Court sustained that demurrer, in part, by Minute Order of April 23, 2021. On May 3, 2021, Plaintiff filed a First Amended Complaint. Each Defendant filed an answer thereto. On November 18, 2023, the Court entered an order on stipulation of the parties granting Plaintiff leave to file the SAC, which Plaintiff did on November 21, ...
2023.02.23 Motion to Void Default Judgment and Dismiss Case 174
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.23
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. On November 24, 2020, Defendants applied ex parte for an o...
2023.02.23 Motion for Leave to File TAC 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.23
Excerpt: ...bit 1 to the Memorandum be deemed filed. 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 Local Rule 2.9 remain in effect. However, the Court may grant bel...
2023.02.23 Demurrer 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.23
Excerpt: ...Sixth Cause of Action for Wrongful Death is OVERRULED. Defendant California Department of State Hospitals (“CDSH”) moves for an order sustaining its demurrer to two of the causes of action alleged in the Complaint filed on November 15, 2022 by Plaintiff Rosela Lee (“Plaintiff”), an individual and as Successor-in- Interest to Victoria Jarvis, an individual, deceased (“Decedent”). CDSH demurs to the Fifth Cause of Action for Intentional...
2023.02.22 Motion to Strike Jury Demand 720
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.22
Excerpt: ...unless otherwise noted. 2 Section 631, subdivision (b) provides that “[a]t least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.” “A party waives trial by jury...[b]y failing to timely pay the fee described in subdivision (b)....” (Id. at subd. (f).) With exceptions not relevant here, “[t...
2023.02.22 Motion to Permit Amendment of Complaint 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.22
Excerpt: ...andum filed February 6, 2023. Defendants are also granted leave to file additional declarations in support of their opposition. However, the Declaration of Adam K. Tanouye filed 5 February 6, 2023, will remain before the Court and the matters declared therein need not be reasserted. If Defendants file an amended opposition memorandum, then Plaintiffs may serve and file, no later than March 3, 2023, an amended reply memorandum of points and author...
2023.02.22 Motion to Compel Arbitration and Stay Action 807
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.22
Excerpt: ...tion brief, and any other evidence supporting the motion that has been previously served on Plaintiff. FMC is further ordered to comply with Local Rule 3.3. Defendant Ford Motor Company (FMC) moves for an order compelling the parties to arbitrate their claims and defenses in this action pursuant to the “Arbitration Provision included in the Sales Contract agreed to and signed by Plaintiff James Flat....” (Amended Notice of Motion at 1:4-17.) ...
2023.02.17 Motion to Deem RFAs Admitted, for Sanctions 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.17
Excerpt: ...iffs are ordered to pay to Defendants, care of their attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of $430. Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, “Defendants”) move, pursuant to “the Civil Discovery Act,” for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, “Plaintiffs”) to (1) deem admitted the truth of facts to Defendants' Req...
2023.02.15 OSC Re Preliminary Injunction 166
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.15
Excerpt: ...55 Pickett Road, Calistoga, California (“Property”) that is the subject of the dispute between the parties (“subject hillside”). Hundred Acre is ordered to maintain and preserve existing vegetation on the subject hillside; if not already accomplished, to, within no more than 15 days of the date of this Order, install (a) fiber rolls at the top and toe of the subject hillside and across the face of the subject hillside at intervals no grea...
2023.02.15 Motion for Leave to File Complaint in Intervention 131
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.15
Excerpt: ...ting it leave to file a Complaint in Intervention. Galleron's proposed complaint asserts both direct claims by Galleron against Defendant Todd R. Code dba Strata Landscape Architecture (“Strata”) and claims as assignee of Plaintiff Ledcor Builders Inc. (“Ledcor”). The direct claims against Strata are for negligence and breach of contract. (Declaration of Matthew A. Richards (“Richards Decl.”) ¶ 11, Exh. 1 (¶ 42-55).) The moving part...
2023.02.10 Motion to Enforce Pre-Trial Order 421
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.10
Excerpt: ...IONS TENTATIVE RULING: The motion is GRANTED IN PART. Defendant and attorney Kurt Harris are ordered to jointly pay additional monetary sanctions in the amount of $3,410, to Plaintiff, no later than 10 calendar days after notice of entry of the present order. As noted in the Court's January 4, 2022 Order Granting, in Part, Plaintiff's Motion to Compel Further Responses to Special Interrogatories and to Compel Answers to Deposition Questions and f...
2023.02.10 Motion to Continue Trial 777
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.10
Excerpt: ...Minute Order.) On February 6, 2023, at 1:08 p.m., Defendants filed a declaration stating that the Court set an abbreviated briefing schedule for the motion on January 27, 2023, that Defendant had not received Plaintiff's moving papers which were due by February 2, 2023, and, therefore, the motion should be denied. On February 6, 2023, at 4:47 p.m., Plaintiff filed additional briefing. The Court notes that the grounds for Plaintiff's motion, and e...
2023.02.10 Motion for Judgment on the Pleadings 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.10
Excerpt: ...”), and Calistoga Ranch Club (collectively, “Plaintiffs”) move for judgment on the pleadings with respect to Defendants and Cross-Complainants AIG Specialty Insurance Company (“AIG”), Arch Specialty Insurance Company (“Arch”), Landmark American Insurance Company (“Landmark”), Homeland Insurance Company of New York (“Homeland”), and Interstate Fire & Casualty Company's (“Interstate”) (collectively, “Insurers”) two cau...
2023.02.09 Motion for Judgment on the Pleadings, to Compel Further Responses 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.09
Excerpt: ...low further briefing as discussed herein. Plaintiffs Auberge Resorts LLC (“Auberge”), Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling further responses to Plaintiffs' Requests for Production of Documents and Tangible Things, Set One, to Defendants AIG Specialty Insurance Company (“AIG”), A...
2023.02.09 Motion for Entry of Final Judgment on Operative Complaint 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.09
Excerpt: ...s RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”) (collectively, “Defendants”). Third Street's Request for Judicial Notice of the court records (Exhibits 1-7) is GRANTED. Defendants' Request for Judicial Notice of corporate documents (Exhibits A-F) is DENIED on the grounds that none of the subject documents are relevant to the Court's resolution of the issues raised by the present motion. B. Parties' Contentions Th...
2023.02.08 Motion for Award of Defense Costs 282
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.08
Excerpt: ...thout reasonable cause and without a good faith belief that there was a justifiable controversy against the City on the grounds that the City is entitled to its defense fees and costs because Plaintiff pursued a frivolous action against it.” (Notice at 1.) Plaintiff Savannah Ritter (“Plaintiff”) filed an opposition on December 15, 2022. The Proof of Service indicates it was timely served on the City on December 14, 2022; however, the City i...
2023.02.07 Petition to Quash Subpoena 608
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.07
Excerpt: ... 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 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 movi...
2023.02.07 Motion to Enforce Compliance with Court Order 035
Location: Napa
Judge: Young, Scott
Hearing Date: 2023.02.07
Excerpt: ... of record are ordered to pay to Plaintiff, care of her counsel of record, no later than February 13, 2023, monetary sanctions in the amount of $2,660. The Court takes Plaintiff's request for issue sanctions under submission and CONTINUES this narrow aspect of the matter to March 3, 2023, at 8:30 a.m. in Dept. B. Plaintiff is granted leave file and serve, no later than February 21, 2023, a supplemental memorandum in support of the motion, of no m...
2023.02.02 Motion to Compel Deposition of PMQ 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.02
Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...

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