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...

Excerpt: ...ss‐ defendants' antiSLAPP motion should be granted. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) Crossdefendants have the initial burden of showing the challenged causes of action arise from an act in furtherance to a person's right to petition or free speech. (Id.) If cross‐defendants satisfy their initial burden, the burden shifts to cross‐complainant Karim P. Allana to show a probability of success on the merits of the challenged cau...

Excerpt: ...ioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to provide required notice to consumer; 3) they are overbroad, vague, burdensome and oppressive; and 4) they seek documents that are not business records, but rather, business produ...

Excerpt: ...moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard moves, pursuant to Code of Civil Procedure section 437c for an order of summary adjudication as to two affirmative defenses asserted by Defendant, the first cause of action asserted by Plaintiff through the Complaint, and seven causes of action asserted by Defendants through thei...

Excerpt: ...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. Defendant Christopher Bello moves, pursuant to Code of Civil Procedure sections 598 and 1048, for an order severing and bifurcating the two claims asserted against him in this action from trial of the claims asserted against co‐defendants Michael and Nancy Bello.1 (Motion at 1:21‐24.) Section 598 gover...

Excerpt: ...on the project pursuant to the terms of subcontracts with Wright. This alone constitutes sufficient common issues of law and fact justifying consolidation. (Code Civ. Proc., § 1048.) As to the opposition arguments from plaintiffs DFS Flooring, L.P. in Case No. 20CV000777 and Enterprise Roofing Service, Inc. in Case No. 20CV000790, first, each plaintiff 3 has asserted a mechanic's lien claim against Wright and/or Odd Fellows. Some plaintiffs have...

Excerpt: ...levant. McGill contends the requests still are relevant as to Webb's affirmative defenses, but the form interrogatories and the motion itself are directed to Webb as a cross‐ complainant, not to the answer to the underlying operative complaint or to him as a defendant. (Weixel Decl., Ex. C.) The Court understands McGill's position that the cross‐complaint may have been filed for an improper purpose and she may need to prepare the case as it w...

Excerpt: ...“manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b); see Weil & Brown, The Rutter Group (2020), § 8:1560.) Moreover, the notice of motion should contain a description of the tests and procedures. (Weil & Brown, supra, § 8:1561 [“Ask the doctor whom you designate as examiner to write out the name and description of the tests and procedures he or she proposes to utilize; and include these in y...

Excerpt: ...s Person(s) Most Knowledgable [sic] and Custodian(s) of Records; Request for Documents at Deposition.” (Subject Depo Notice.) (See Declaration of Amy Morse at ¶ 3, Exh. A. (Morse Decl.)) Pursuant to the Subject Deposition Notice, the deposition was scheduled for January 27, 2021. (See Ibid.) The Subject Deposition Notice was accompanied by a cover letter in which Plaintiff stated, in part, “[i]f your office and your witness are not available...

Excerpt: ...n has no merit. The motion necessarily fails. Renteria's motion for summary adjudication of the fourth cause of action for breach of contract on the ground the obligation it allegedly breached as plaintiff Bellisimo A Family Vineyard, LLC rendered it moot is GRANTED. Bellisimo alleges in November 2018, it entered into an oral agreement whereby Renteria agreed to “replant” a vineyard block and to obtain any necessary permits to perform the wor...

Excerpt: ...objections and compelling compliance with subpoena is DENIED. Deborah Miller's request for sanctions is GRANTED. Duncan Miller and his attorney Stephen H. Kuhn are ordered to pay to Deborah Miller, care of her attorneys of record, sanctions in the amount of $200 no later than 10 days' after notice of entry of this order. According to the Notice of Motion, “Duncan Mackenzie Miller will, and hereby does, move for an order striking DEBORAH JEANNE ...

Excerpt: ...ry sanction personally against DEBORAH JEANNE MILLER and SHYLENE MOIZE for registering frivolous objections.” (Notice of Motion at 1:27‐30.) First, the notice of motion does not adequately identify the grounds on which the requested relief is sought and does not refer to the deponent. A notice of motion must state exactly what relief is sought and upon what grounds that relief is sought. (See Code Civ. Proc. § 1010 [“the notice of a motion...

Excerpt: ... to provide further responses and produce additional documents in response to Merryvale's Requests for Production, Set Five (Subject RFPs). This Motion seeks to compel additional responses to two independent sets of requests for production, both identified as “set five”: one directed at V2, and the other at Delicato. (See Declaration of David C. Lee (Lee Decl.) at ¶ 2, Exhs. A & B.) The Court addresses these separately herein. A. PROCEDURAL ...

Excerpt: ...ng further document production as the request is made in the memorandum of points and authorities. (Mem. at pp. 1: 25, 8:22, 9:2, 13:19.) 3 A. Meet and Confer Requirement GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that Correa simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. There is no indication GM responded to Correa's January 14...

Excerpt: ...sed on the newly published California Court of Appeal case of Choochagi v. Barracuda Networks, Inc. (2021) 2020 Cal.App. LEXIS 1271” (Barracuda). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part…any party affected by the order may…based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and m...

Excerpt: ...rovided with accurate itemized wage statements as WSE issued wage statements that did not show the name of the legal entity that is the employer. (Id., ¶¶ 9, 27.) Instead, “We Ship Express, Inc.,” an entity which is not on record as an entity with the California Secretary of State, is shown on wage statements. (Id., ¶ 27.) 11 Labor Code section 226, subdivision (a), requires employers to give employees, as a detachable part of their payche...

Excerpt: ... City of Napa (City). (See id. at ¶ 14, et seq.) City demurs, pursuant to Code of Civil Procedure section 430.10, on the grounds that the Plaintiff fails to allege facts sufficient to establish a dangerous condition of public property, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A...

Excerpt: ... the case, and has medical/health conditions that warrant the granting of preference, and on the further grounds that the granting of preference would serve the interests of justice. The evidentiary objections made by Defendant Napaidence Opco, LLC dba Napa Post Acute (Post Acute) are each OVERRULED. (Code Civ. Proc. § 36.5.) “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall g...

Excerpt: ...y's fees pursuant to the Court's order issued on January 11, 2021.” (Motion at 1:23‐24.) Attorneys' Fees “The power of the trial court under Code of Civil Procedure section 664.6 is extremely limited. The court is powerless to impose on the parties more restrictive or less restrictive or different terms than those contained in their settlement agreement.” (Machado v. Myers (2019) 39 Cal.App.5th 779, 790.) Plaintiff expressly moves for a d...

Excerpt: ... required for disclosure a ground for disqualification of which the arbitrator was aware, including without limitation matters that could cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial.”; and, (2) “[T]he arbitrator exceeded her powers by arbitrarily remaking the parties' contract and deciding a question that was not before her and that the award cannot be corrected without a...

Excerpt: ...n is required to be furnished and an estimate of the anticipated claims rate; (3) why the time limit to object or opt‐out is reasonable; (4) why the submission of a claim form is necessary; (5) the cy pres recipient needs to be named rather than left generally to plaintiff's counsel's choice; (6) why does distribution to the cy pres recipient fill the purposes of the lawsuit or otherwise is appropriate; (7) declaration disclosing interests or i...