Excerpt: ...the Declaration of James C. Bastian in Opposition to Defendant Bank of America, NA's Motion for Plaintiffs to Post Bond as Vexatious Litigants filed February 15, 2022 (Bastian Decl.). Plaintiffs may refile the declaration, in whole or in part, in support of any opposition. The Clerk is directed to provide notice of the continued hearing date to the parties. Defendant Bank of America, N.A. (BANA) failed to include in the notice of this moton prope...

Excerpt: ...cture allegedly encroaching on Plaintiffs' property and Mr. Wagner is the owner and manager of Defendant The Original Thomas ("TOT"), the current owner of the allegedly encroaching structure. The Court notes that these are defendant parties to this action. As an initial matter, by Minute Order dated November 1, 2023, in which the Court granted Defendants TOT's, Michael L. Holcomb's, and Maria C. Holcomb's (collectively, "Defendants") motions to a...

Excerpt: ...nd the People of the State of California and for Cross-Defendants David Morrison and Akenya Robinson-Webb (collectively, "County") — and excluding evidence improperly obtained in this matter. The motion to disqualify and exclude evidence is based on the premise that RPLG violated Rule 4.2. Therefore, the Court begins there. 8. Violation of Rule 4.2 1. Text of Rule 4.2 Rule 4.2 provides, in relevant part: (a) In representing a client, a lawyer s...

Excerpt: ...record, sanctions in the amount of $2,557.50 no later than 10 calendar days after service of notce of entry of order. The request for an order finding Plaintiff in contempt is DENIED. Defendants Sharon Coleman and Daniel Davis, individually and as trustees of the Cary M. Tozer and Doris V. Tozer Family Trust; Michael Taylor Ford and Edward Roy Moody, as trustees of the 2020 Michael Taylor Ford and Edward Roy Moody Rewcable Trust; Robert l. Clark;...

Excerpt: ...other action pending between the same parties on the same cause of action and (2) fails to state facts sufficient to constitute a cause of action. "The party against whom a complaint ... has been filed may object, by demurrer ... to the pleading on any one or more of the following grounds [including] [t]here is another action pending between the same parties on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) This special demurr...

Excerpt: ...Misrepresentation, Third Cause of Action for Negligent Misrepresentation, Fourth Cause of Action for Violation of Business & Professions Code section 7151 (California Home Improvement Statutes ("HIS")), and Fifth Cause of Action for Violation of Business & Profession Code section 17200 fail to state facts sufficient to constitute causes of action against Defendant. A complaint must contain "facts constituting the cause of action." (Code Civ. Proc...

Excerpt: ...roduction Plaintiff Jane Doe ("Plaintiff") moves, pursuant to Code of Civil Procedure sections 1987.1, 1985.3, 2017.020, and 2017.220, for an order quashing or modifying a deposition subpoena for production of business records issued by Defendant Napa Valley Unified School District ("Defendant") on November 7, 2023 to Kaiser Permanente ("Subpoena"). In the alternative, Plaintiff moves, pursuant to Code of Civil Procedure secton 2025.420, for a pr...

Excerpt: ...ef. Finally, the motion is DENIED as to Plaintiff's prayer for prejudgment interest. l. PRELIMINARY MATTERS Defendant, Cross-complainant, and Cross-Defendant Sutter Home Winery, Inc. (Sutter Home or Defendant) moves, pursuant to Code of Civil Procedure, section 437c, for summary judgement against Plaintiff and Cross-Defendant Says Siri. "The motion will be made on the grounds that the undisputed material facts establish that Siri's sole remaining...

Excerpt: ...nting leave to intervene in the instant case. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests fo...

Excerpt: ...of Costs filed by Defendant and Cross-complainant Jeffrey Hammond (Hammond), or in the alternative, for an order tax-ng the requested costs set forth therein.l "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (S 1032, subd. (b).) A "prevailing party" is defined to include "the party with a net monetary recovery, a defendant in whose favor a dismi...

Excerpt: ... allow for adequate notce of the rescheduled deposition date to Mr. Fultz. The request for sanctions is GRANTED IN PART. Mr. Fultz is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctons in the amount of $3,902. Plaintiffs shall provide notce of entry of order. Plaintiffs Robert and Carole Roszkowski (collectively, "Plaintiffs") move, pursuant to Code of Civil Procedure...

Excerpt: ...form of (1) terminating sanctions dismissing Plaintiff Napa County's nuisance per se claim related to unpermitted structures on Defendants' property and (2) an award of attorneys' fees and costs in the sum of $4,095 against both Plaintiffs Napa County and the People of the State of California (collectively, "Plaintiffs") and their counsel. "This motion is made on the grounds that Plaintiff and its counsel filed nuisance allegations for an imprope...

Excerpt: ... pay to Plaintiff, care of its counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the additional amount of $1,100. 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 notic...

Excerpt: ... criminal liability and what other events would eliminate such liability in advance of the expiration of any such statute. Defendant State of California by and through Department of Forestry and Fire Protection (Cal-Fire) moves for an order vacating the trial date and setting a status conference to reset trial on the grounds that the criminal prosecution of Cal-Fire driver Chief William White, which is based on the same events at issue here, rema...

Excerpt: ...rial facts confirm that Plaintiff cannot maintain her causes of achon against Simon as follows: (A) Simon did not have a duty to protect Plaintiff from the unforeseeable criminal acts of Maximo Perez. Accordingly, Plaintiff's first cause of action for Negligence and second cause of action for Premises Liability fail as a matter of aw. (8) Simon's alleged conduct was not a substantial factor in bringing about Plaintiff's injuries. Accordingly, Pla...

Excerpt: ...rder compelling Defendant Estate of Pamela Anne Ramos ("Defendant") to provide answer to written discovery and for an order granting the moving party the reasonable attorney's fees and costs associated with filing the motion in the amount of $3,550 as sanctions against Defendant and Defendant's counsel. (Notice 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 ...

Excerpt: ...the time of his complaints to PG&E, were being violated. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Pacific Gas & Electric Company (PG&E) demurs, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), to the First Amended Complaint (FAC) filed by Daniel Novella. The FAC alleges three causes of action against PG&E. PG&E demurs to each on grounds that each is uncertain and that the FAC ...

Excerpt: ...ELIMINARY MATTERS Defendants Covidien Holding Inc. and Medtronic USA Inc., and Specially Appearing Entities Covidien LP, Covidien, Inc., Covidien, LLC, Medtronic PLC, United States Surgical Corp., a division of Tyco Healthcare Group LP, and Sofradim Production SAS (collectively, "Covidien Defendants") demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e) and 430.30, to Plaintiff Jon Carsten's Complaint for Damages (Complaint...

Excerpt: ...dar days after notice of the present ruling. The request for monetary sanctions is GRANTED IN PART. Plaintiffs are directed to remit to Towpath, care of their attorney of record in the action and no later than 14 calendar days after notice of the present ruling, monetary sanctions in the amount of $1,000. Towpath moves, pursuant to Code of Civil Procedure section 2030.300, et seq. and 2031.310 et seq. for an order compelling Plaintiffs Elisabeth ...

Excerpt: ...or October 31, 2023, which Defendants refused to allow and "Defendant's actions have made it clear that they will not voluntarily allow the property inspection and testing without a court order." (ld. at 2:6-13.) As an initial matter, neither of the subjects of Defendant FPI Management, Inc.'s Objection to the Declaration of Bryan Seuthe are relevant to the Court's determination of the issues raised by the motion, rendering said objections MOOT. ...

Excerpt: ...ision (a), and 576, for an order allowing Plaintiff to file a second amended complaint ("SAC"). The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 requesting oral argument under Local Rule 2.9 remain in effect...

Excerpt: ...The motion is made on the grounds that the Defendant failed to complete the payment arrangement contained in the parties' written Stipulation and Plaintiff is thus entitled to entry of judgment. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party...

Excerpt: ...cks 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) 15 Cal.App.5th 1190, 1204-05.) As Defendants note, there is no proof of service of the moving papers on Defendants. However, "[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or ir...

Excerpt: ... 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. Plaintiff Capital One, N.A moves for judgment on the pleadings against Defendant on grounds that, "defendant's Answer fails to state facts sufficient to constitute a defense and the Order Deeming Plaintiff's R...

Excerpt: ... Plaintiffs are directed to provide notice of the order. Plaintiffs JG Masonry, LLC and Jorge Gonzalez move, pursuant to Code of Civil Procedure sections 2030.290 et seq. and 2031.300 et seq„ for an order compelling Defendant Silveira Chevrolet to serve verified responses, without objections, to Plaintiffs' request for production of documents, set one, and special interrogatories, set one, served on September 12, 2023. Plaintiffs further move, ...