Excerpt: ...thwith 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Factual Background The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to provide any health care item or servic...

Excerpt: ...7c, subdivision (a)(3). Defendant did not object to the hearing date, and fully briefed the substance of the motion. Therefore, if Plaintiff, either prior to or at hearing on the matter, is able to present the Court with good cause as to why the matter should be heard less than 30 days prior to the Trial Management Conference: The motion will be GRANTED; Plaintiff shall prepare and file a Proposed Order and Judgment consistent herewith, approved ...

Excerpt: ...9CV001491 • Oaks, et al. v. Wysinger, et al. – Case No. 19CV001503 As a preliminary matter, the Court cautions Defendant V. Sattui regarding its misrepresentation of the Court's Minute Order of December 20, 2019. That order states, in part, as follows. “[I]t appears from the holding in [Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1472] that the Court is without authority to consolidate the small claims matter, Case No. 19...

Excerpt: ...st. 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, in person or by CourtCall, unless it is confirmed that no party req...

Excerpt: ... ruling system as required by Local Rule 2.9. Petitioner/counsel is directed to contact the Respondent 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 Petitioner/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Petitioner BNNV LLC petitions the Court, pursuant to Civil Code ...

Excerpt: ...and the right to sue letter that were attached as exhibits to the second amended complaint. Berry's request for judicial notice is GRANTED IN PART AND DENIED IN PART. The request is granted as to his governmental tort claims (exhibits A‐B). The request is denied as to the Commission on Teacher Credentialing letter (exhibit C), the printout from a webpage (exhibit D), and an email (exhibit E). These items are not the proper subject of judicial n...

Excerpt: ...fendants”) to indemnify BTC. (See Notice of Motion and Motion at 2:19‐22.) The motion is DENIED. A. Evidentiary Objections IGS and IDF each, separately, object to the evidence referred to as, “Reliant's March 12, 2019 Cost Breakdown” submitted by BTC at Exhibit J to “Evidence in Support of Bruce Tucker Construction, Inc.'s Motion for Summary Judgment.” The objections are SUSTAINED. The proffered document is not properly authenticated....

Excerpt: ...e claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources. The prevailing party determination is to be made only upon final resolution of the contract claims and only by ‘a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.'” (Hsu v. Abbara (1995) 9 Cal.4th 863, 876, quoting Bank of Idaho v. Pine Avenue Associates (1982) 137...

Excerpt: ...ng, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant Wagner & Bonsignore Consulting Civil Engineers' motion for good faith settlement under Code of Civil Procedure section 877.6, subdivision (a)(2), is DENIED. (TechBilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) The proposed settlement payment of $65,999 is not proportionate to defendant's liability for damages alleged to ex...

Excerpt: ...or the child while defendant paid the mortgage. She even states in her deposition that they were not married, “but we were living as a married couple.” Although defendant may contest this deposition testimony, the claims appear objectively reasonable based on this evidence. Thus, the Court cannot conclude that the pleading was brought for an improper purpose or is indisputably without merit, either legally or factually. The case is not frivol...

Excerpt: ...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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. On December 16, 2019, Plaintiffs filed a document entitled, “Plaintiffs' Motion for Reconsideration Nunc Pro Tunc, in which Plaintiffs, “request the Court enter as filed Plaintiff's Motion for Rec...

Excerpt: ...ween April, 2017, and March, 2018. (See Complaint at Attachment 1.) Many, though not all, of these allegations supported a Request for Domestic Violence Restraining Order made by Plaintiff in the family law case captioned Napa Superior Court case number 18FL000288. (See Request for Domestic Violence Restraining Order, filed March 23, 2018 in Napa Superior Court case number 18FL000288 (RDVRO).1 ) The Court issued a Restraining Order After Hearing ...

Excerpt: ...xpert witness declaration. Specifically, Individual Defendants seek to expand the scope of opinion of their previously disclosed expert Steven Walker from information described in Defense Counsel's declaration as “customs, practice and standards relating to recruiting directors, officers and employees between competitors in the California title and escrow industry,” to include: (1) the reasonableness of plaintiff's efforts to mitigate its all...

Excerpt: ... complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima‐facie showing of the nonexistence of any triable issue of material fact. (Id. at p. 850‐51.) If the party carries this burden, there is a shift and the opposing party is then subjected to a burden of production to make a prima‐facie showing. (Ibid.) Through her Complaint, Plaintiff asserts causes of action for medical professional ...

Excerpt: ...UDICE IN PART. The motion is granted as to the interrogatories and the document requests. The motion is denied without prejudice as to the request for admissions. Respondent Liberty Mutual Insurance shall serve verified code‐compliant further responses, without objections, within 10 calendar days after petitioner's deposition on January 20, 2020 (regardless of whether it occurs or is rescheduled). Respondent served initial responses stating dis...

Excerpt: ...g, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff Pacific Gas and Electric Company (PG&E) moves for an order for prejudgment possession of certain property in eminent domain under Code of Civil Procedure section 1255.410. PG&E seeks to acquire a permanent easement of 1.40 acres for the installation and maintenance of the liquid natural gas (LNG) injunction site across the real property designated...

Excerpt: ...ject Property).1 Defendant Javier Cuevas is one of the co‐owners of the Subject Property. At some point during the ride, Plaintiff unknowingly passed onto neighboring property where he rode into a single strand of barbed wire that had been strung across the trail he was on. Plaintiff suffered severe injuries as a result. The following facts are also undisputed. As of the date of the accident, Cuevas had never met Plaintiff, never spoken to Plai...

Excerpt: ...ground 1 It appears that the judicial council's reference to demands of more than $1,000 relates to Code of Civil Procedure section 431.40. That section is not, however, relevant here because Defendant's pleading is an Answer to the complaint for breach of contract. On September 10, 2019, the Court continued the matter because the parties did not comply with Local Rule 3.3 requiring courtesy copies of all documents in excess of 15 pages, which we...

Excerpt: ...y Local Rule 2.9. Plaintiff's counsel is directed to contact Defendant forthwith and advise Defendant of Local Rule 2.9 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendant prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Local Rule 2.9. Although Plaintiff's motion is capt...

Excerpt: ...el shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 2.9. Defendant JPMorgan Chase Bank N.A. moves to dismiss this action under the mandatory provision requiring dismissal for failure to bring the case to trial within the prescribed statutory time period. Plaintiffs Gerald L. Nunn and Judith L. Nunn oppose (collectively, the “Nunns”). A. M...

Excerpt: ...g and prosecuting the action. Plaintiff presents evidence that it has incurred $28,182 in attorneys' fees. The Court finds that such amount is reasonable, in light of the nature of the case, and the skills and experience of Plaintiff's attorneys. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff's counsel is directed to contact Defendant's counsel forthwith and advise Defe...

Excerpt: ...r a preliminary injunction. Thus, there is some question regarding whether the notice is proper. (See Code Civ. Proc. § 1010; Cal. Rules of Court, Rule 3.1110, subd. (a).) The body of the Memorandum section of the same document, however, discusses the propriety of an injunction under Code of Civil Procedure section 526, subdivision (a)(2), (Plaintiff's Ex Parte Application, filed June 25, 2019 (Application) at 13:9‐13.) Defendant, through its ...

Excerpt: ... shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant County of Napa demurs to the pleading on the ground it does not comply with the California tort claims requirement. This is not a statutory ground for a demurrer under Code of Civil Procedure section 430.10. The Court, however, has construed the demurrer as being brought un...

Excerpt: ...cal Rule 2.9 and the Court's tentative ruling procedure. If defendant's counsel is unable to contact plaintiff's counsel prior to the hearing, defendant's counsel shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant Leticia Perez Rodriguez's motion to compel plaintiff Jefferson De Azevedo's further deposition pursuant to Code ...

Excerpt: ...If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Background Defendants Kay Pacey and Kay Pacey Insurance Services, Inc. move for summary judgment pursuant to Code of Civil Procedure § 437, subdivision (c). Defendants are insura...