Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...

Excerpt: ...ative 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 requests oral argument. Defendant First American Title Insurance Compan...

Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...

Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...

Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...

Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...

Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...

Excerpt: ... causes of action is also sustained as to Plaintiff Khan. Defendants' Request for Judicial Notice is GRANTED IN PART. A. Introduction Defendants Fay Servicing, LLC (Fay), and Wilmington Trust, National Association (Wilmington), (collectively Fay Defendants) demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e), 430.30, subdivision (a), and 430.50, subdivision (a), to the TAC1 . This action involves claims for violations of t...

Excerpt: ...er. Ct. (2003) 110 Cal.App.4th 1273, 1283‐84.) However, “there must be substantial prejudice to an overriding interest if the document[ ] is made available to the public.” (Ibid.) As deftly stated in Huffy, supra, 112 Cal.App.4th at p. 107: “Much of the settlement agreement is routine verbiage which appears in most settlement agreements. Further, the settlement agreement has a specific provision that if disclosure is required by a court o...

Excerpt: ... second complaint. Plaintiff added the moving defendants as individual defendants in this action. Venue is based on the allegation that the agreements were made in Napa County and plaintiff's principal place of business is in Napa County. (Second Amended Compl., ¶ 10.) There are no allegations regarding venue as to the individual defendants. The addition of the individual defendants impacts venue as it limits the wide choice of venue permitted i...

Excerpt: ...orter fees is unnecessary. According to Throop, court reporter fees are permitted as established by statute. (See Code Civ. Proc., § 1033.5, subd. (a)(11).) The rate of $55 per day under Government Code section 69948 should apply. The Court need not reach this argument because Caymus presents evidence the parties agreed to “split 50‐50” the costs for a court reporter and thereby agreed that the rate charged was acceptable. (Miller Decl., �...

Excerpt: ...otion for summary judgment is GRANTED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. B. Plaintiff's Objections to Evidence Objection No. 1 ...

Excerpt: ... 15, 2020. Based on that Notice of Errata, the Court accepts and considers the Amended Declaration of Paula Maietta filed January 23, 2020 (Maietta Decl.). Plaintiff's objection number 2 to the Declaration of Paula Maietta is OVERRULED. Defendant Noble House NVWT, LLC (NVWT) petitions the Court, pursuant to Code of Civil Procedure section 1281.2, and 1281.4, for an order to compel arbitration and stay the action as to Plaintiff Jonathan Vaughan. ...

Excerpt: ... to set aside default is GRANTED. The Clerk's Default Judgment entered against Defendant Myrian McIntosh on January 02, 2020, shall be set aside, and the writ of possession issued thereupon on January 02, 2020 is hereby recalled and of no further force and effect. Defendant's demurrer, attached as Exhibit C to the Declaration of Selwyn Whitehead in Support of Ex Parte Application is deemed filed as of the date of this hearing. The Court sets Defe...

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...