Excerpt: ...Human Resources Eligibility Review Committee set forth in paragraphs 53, 54, and 55 of the proposed First Amended Complaint (pFAC). Plaintiff moves, pursuant to Code of Civil procedure sections 576 and 473, for leave to file a proposed First Amended Complaint (pFAC) to add a cause of action for defamation against Defendant Pacific Gas and Electric Company (PG&E). The Court may, “at any time before or after commencement of trial, in the furthera...

Excerpt: ...t action with the following actions also pending in Napa County Superior Court: Grassi Construction, Inc. v. Michael Ru Bello, et al., case number 19CV000679; and Ehren Jordan Wine Cellars, LLC v. Michael Ru Bello, et al., case number 19CV000681. The motion is brought on grounds that the actions involve similar legal theories, similar transactions and that each will require testimony by common witnesses. “When actions involving a common questio...

Excerpt: ...mentioned, to the extent the memorandum of costs could be reasonably construed as being filed on behalf of both plaintiff Third Street Napa Development, LLC and Vesta, Vesta is not entitled to the recovery of any costs pursuant to the memorandum of costs (subject to the reservation of rights to seek recovery of costs at a future date). Nielson's alternative motion to tax costs as to the filing and motions fees (item number 1) is GRANTED IN PART. ...

Excerpt: ...yvale Vineyards LLC's Opposition to Defendants' Motion to Quash or Modify Merryvale's Subpoenas to Other Wineries. 2 Defendants V2 Wine Group, LLC and Delicato Vineyards (collectively Defendants) move for an order authorizing the sealing of portions of the following documents filed by Plaintiff Merryvale Vineyards LLC (Merryvale) in this action: (1) Opposition to Motion to Quash or Modify Merryvale's Subpoenas to Third Party Wineries; and (2) Opp...

Excerpt: ...s assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Rules of Court, rule 3.1332, subd. (a).) While a party may seek continuance of a trial date, they must do so “as soon as reasonably practical once the necessity for the continuance is discovered.” (Id. at subd. (b).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own mer...

Excerpt: ...ts' request for sanctions is DENIED. Defendants Delbert J. Smith and Ron Profili (Moving Defendants) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (a) and (b), and 2031.300, subdivisions (a) and (b), for an order compelling Plaintiff to serve verified responses to Form Interrogatories, 3 Set One, Special Interrogatories, Set One, Requests for Admissions, Set One, and Requests for Production of Documents, Set One, on th...

Excerpt: ...ded to conceal this email from disclosure by copying an attorney and writing 11 “A/C priv” next to the subject line. She believes the email itself does not contain information protected by the attorney‐client privilege. Section 2031.285 provides a clawback procedure for handling claims that a document produced in discovery is subject to a “claim of privilege or of protection as attorney work product.” The provision instructs the receivi...

Excerpt: ...t, and fourth cause of action for fraud, as set forth in Plaintiff's Complaint, on the ground that the Complaint fails to allege facts sufficient to state those claims. 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 ...

Excerpt: ...t argues petitioner Scott K. Andersen served deposition notices containing an “error or irregularity” in that the notices set the depositions of seven percipient witnesses to be taken before petitioner produced his designated expert witness, Dr. Glenn Hammel, for deposition pursuant to Code of Civil Procedure section 2034.410, creating a likelihood that 7 petitioner's designated expert witness will form new or additional opinions prior to the...

Excerpt: ...t Amended Complaint (FAC). Defendants assert that they are entitled to summary judgment because Plaintiff is unable to produce evidence sufficient to create a triable question of fact as to three material issues: (1) whether Dr. Perryman breached the appropriate standard of care; (2) whether any negligent action by Dr. Perryman contributed to Plaintiff's alleged injuries; and (3) whether Whole Health is liable to Plaintiff, under a vicarious liab...

Excerpt: ...cause of action is barred by the applicable statute of limitations. A complaint must contain “facts constituting 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 trut...

Excerpt: ...ode Civ. Proc., § 877.6; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Urbanic Decl., ¶¶ 13‐14; Anya Reply Decl., ¶¶ 2‐7, 9‐10.) Defendant/crosscomplainant Semper Solaris Construction, Co. has not met its burden to show the settlement is “out of the ballpark.” (Tech‐ Bilt, supra, 38 Cal.3d at pp. 499‐500.) Semper allegedly caused the water intrusion damage requiring the need for home repairs whil...

Excerpt: ...e 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant 3I Incorporated (3I) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6, for an order finding that 3I's settlement with Plaintiffs Sandra Valva and James Valva was made in good faith and that all cross‐complaints for equitable indemnity and contribution asserted against 3I are barr...

Excerpt: ... or produce documents described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a).) Under such circumstances, the party noticing the deposition may seek an order compelling the deponent to appear for her deposition, provide testimony, and produce all documents requested in the notice. (Ibid.) Farina appeared for a deposition via Zoom on March 18, 2021. (Modica Reply Decl., ¶ 25.) However, applying the word “appeared” to what...

Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary 1 Moving defendant Odd Fellows Home of California, Inc. was dismissed as a defendant on April 2, 20...

Excerpt: ... information identified in the subject interrogatories to the third‐party administrator upon request. The third‐party administrator shall not disclose any of said information to any party, including Plaintiff, except as specifically authorized pursuant to validly executed reply cards. Plaintiff moves for an order compelling Defendant Napaidence Opco, LLC dba Napa Post Acute to provide further responses to Plaintiff's Special Interrogatories, ...

Excerpt: ..., by Zoom, unless it is confirmed that no party requests oral argument. Plaintiffs move the Court “for an order awarding prevailing party attorneys' fees pursuant to the contract between the parties and after having prevailed on Defendant's Motion to Vacate the Arbitration Award rendered on December 8, 2021.” (Notice of Motion at 2:1‐3.) The notice of motion must state exactly what relief is sought and upon what grounds that relief is sough...

Excerpt: ...14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability to fashion an appropriate response. Defendants' demurrer to the second cause of action for negligent entrustment on the ground of failure to state sufficient f...

Excerpt: ... provisions of Rules of Court Rule 3.1345, no later than June 23, 2021. The revised Separate Statement is to contain discussion of only those categories of documents sought for which issues remain outstanding as of June 23, 2021. Any issues not raised through the supplemental separate statement will be deemed to have been resolved through meet and confer. Rimerman may serve and file, no later than July 2, 2021, a supplemental separate statement i...

Excerpt: ...of mandate is GRANTED IN PART. Petitioner is entitled to a peremptory writ of mandate directing Respondent NVC to set aside the July 19, 2019 decision terminating Petitioner from the Criminal Justice Training Center Basic Police Academy (Program), and to reconsider the case in light of the Court's opinion as set forth herein. Petitioner is directed to prepare, and forward to Respondents no later than May 6, 2021 for approval as to form, an order ...

Excerpt: ...Court takes judicial notice of the Department of State Hospitals‐Napa Administrative Directive titled Sexual Harassment and numbered 139, attached as Exhibit 8 to the Request for Judicial Notice. (Evidence Code §452, subd. (c).) 8 The Court denies the Request for Judicial Notice (Request) as to Exhibits 1‐4, 6, 13, and 16 on the ground that none of the subjects are relevant to the Court's resolution of the issues presented. The Court takes j...

Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substanti...

Excerpt: ... 2021, and verifications were provided on March 9, 2021. As a result, plaintiff argues defendant's responses were untimely and tantamount to no responses at all, requiring objection free responses. Plaintiff is not entitled to responses without objections to all interrogatories. Plaintiff fails to mention that defendants served “hybrid” responses consisting of answers and objections. Where the response contains both an answer and objections, ...

Excerpt: ...ection Act (Welf. & Ins. Code, § 15600, et seq.) [Issues 9‐12], and second cause of action for intentional infliction of emotional distress [Issues 16‐ 17] on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A ...

Excerpt: ...th, eighth, ninth, and tenth causes of action asserted against them through Plaintiff's Second Amended Complaint (SAC) on the grounds that Plaintiff failed to plead each cause of action with the required specificity. 1. Procedural Law re: Demurrers A complaint must contain “facts constituting 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 cont...