Excerpt: ...asserted therein. The original complaint was filed January 14, 2021. Defendants demurred thereto on March 9, 2021. The Court sustained that demurrer, in part, by Minute Order of April 23, 2021. On May 3, 2021, Plaintiff filed a First Amended Complaint. Each Defendant filed an answer thereto. On November 18, 2023, the Court entered an order on stipulation of the parties granting Plaintiff leave to file the SAC, which Plaintiff did on November 21, ...

Excerpt: ...Sixth Cause of Action for Wrongful Death is OVERRULED. Defendant California Department of State Hospitals (“CDSH”) moves for an order sustaining its demurrer to two of the causes of action alleged in the Complaint filed on November 15, 2022 by Plaintiff Rosela Lee (“Plaintiff”), an individual and as Successor-in- Interest to Victoria Jarvis, an individual, deceased (“Decedent”). CDSH demurs to the Fifth Cause of Action for Intentional...

Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. On November 24, 2020, Defendants applied ex parte for an o...

Excerpt: ...bit 1 to the Memorandum be deemed filed. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore 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 bel...

Excerpt: ...unless otherwise noted. 2 Section 631, subdivision (b) provides that “[a]t least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.” “A party waives trial by jury...[b]y failing to timely pay the fee described in subdivision (b)....” (Id. at subd. (f).) With exceptions not relevant here, “[t...

Excerpt: ...andum filed February 6, 2023. Defendants are also granted leave to file additional declarations in support of their opposition. However, the Declaration of Adam K. Tanouye filed 5 February 6, 2023, will remain before the Court and the matters declared therein need not be reasserted. If Defendants file an amended opposition memorandum, then Plaintiffs may serve and file, no later than March 3, 2023, an amended reply memorandum of points and author...

Excerpt: ...tion brief, and any other evidence supporting the motion that has been previously served on Plaintiff. FMC is further ordered to comply with Local Rule 3.3. Defendant Ford Motor Company (FMC) moves for an order compelling the parties to arbitrate their claims and defenses in this action pursuant to the “Arbitration Provision included in the Sales Contract agreed to and signed by Plaintiff James Flat....” (Amended Notice of Motion at 1:4-17.) ...

Excerpt: ...iffs are ordered to pay to Defendants, care of their attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of $430. Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, “Defendants”) move, pursuant to “the Civil Discovery Act,” for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, “Plaintiffs”) to (1) deem admitted the truth of facts to Defendants' Req...

Excerpt: ...55 Pickett Road, Calistoga, California (“Property”) that is the subject of the dispute between the parties (“subject hillside”). Hundred Acre is ordered to maintain and preserve existing vegetation on the subject hillside; if not already accomplished, to, within no more than 15 days of the date of this Order, install (a) fiber rolls at the top and toe of the subject hillside and across the face of the subject hillside at intervals no grea...

Excerpt: ...ting it leave to file a Complaint in Intervention. Galleron's proposed complaint asserts both direct claims by Galleron against Defendant Todd R. Code dba Strata Landscape Architecture (“Strata”) and claims as assignee of Plaintiff Ledcor Builders Inc. (“Ledcor”). The direct claims against Strata are for negligence and breach of contract. (Declaration of Matthew A. Richards (“Richards Decl.”) ¶ 11, Exh. 1 (¶ 42-55).) The moving part...

Excerpt: ...IONS TENTATIVE RULING: The motion is GRANTED IN PART. Defendant and attorney Kurt Harris are ordered to jointly pay additional monetary sanctions in the amount of $3,410, to Plaintiff, no later than 10 calendar days after notice of entry of the present order. As noted in the Court's January 4, 2022 Order Granting, in Part, Plaintiff's Motion to Compel Further Responses to Special Interrogatories and to Compel Answers to Deposition Questions and f...

Excerpt: ...Minute Order.) On February 6, 2023, at 1:08 p.m., Defendants filed a declaration stating that the Court set an abbreviated briefing schedule for the motion on January 27, 2023, that Defendant had not received Plaintiff's moving papers which were due by February 2, 2023, and, therefore, the motion should be denied. On February 6, 2023, at 4:47 p.m., Plaintiff filed additional briefing. The Court notes that the grounds for Plaintiff's motion, and e...

Excerpt: ...”), and Calistoga Ranch Club (collectively, “Plaintiffs”) move for judgment on the pleadings with respect to Defendants and Cross-Complainants AIG Specialty Insurance Company (“AIG”), Arch Specialty Insurance Company (“Arch”), Landmark American Insurance Company (“Landmark”), Homeland Insurance Company of New York (“Homeland”), and Interstate Fire & Casualty Company's (“Interstate”) (collectively, “Insurers”) two cau...

Excerpt: ...s RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”) (collectively, “Defendants”). Third Street's Request for Judicial Notice of the court records (Exhibits 1-7) is GRANTED. Defendants' Request for Judicial Notice of corporate documents (Exhibits A-F) is DENIED on the grounds that none of the subject documents are relevant to the Court's resolution of the issues raised by the present motion. B. Parties' Contentions Th...

Excerpt: ...low further briefing as discussed herein. Plaintiffs Auberge Resorts LLC (“Auberge”), Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling further responses to Plaintiffs' Requests for Production of Documents and Tangible Things, Set One, to Defendants AIG Specialty Insurance Company (“AIG”), A...

Excerpt: ...thout reasonable cause and without a good faith belief that there was a justifiable controversy against the City on the grounds that the City is entitled to its defense fees and costs because Plaintiff pursued a frivolous action against it.” (Notice at 1.) Plaintiff Savannah Ritter (“Plaintiff”) filed an opposition on December 15, 2022. The Proof of Service indicates it was timely served on the City on December 14, 2022; however, the City i...

Excerpt: ... Local Rule 2.9. The moving party is therefore 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 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 movi...

Excerpt: ... of record are ordered to pay to Plaintiff, care of her counsel of record, no later than February 13, 2023, monetary sanctions in the amount of $2,660. The Court takes Plaintiff's request for issue sanctions under submission and CONTINUES this narrow aspect of the matter to March 3, 2023, at 8:30 a.m. in Dept. B. Plaintiff is granted leave file and serve, no later than February 21, 2023, a supplemental memorandum in support of the motion, of no m...

Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...

Excerpt: ...rder and Defendants thereafter deny or delay coverage. A. Procedural Matters Defendants Hallmark Specialty Insurance Company (“Hallmark”), Western World Insurance Company (“Western World”), and AXIS Surplus Insurance Company (“AXIS”) (collectively, “Moving Defendants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the Second Amended Complaint (“SAC”) filed by Plaintiff Spring Mountain Vineyards...

Excerpt: ...t to constitute a defense as required by [Code of Civil Procedure section] 430, subdivision (a), misstates facts or asserts an inapplicable defense.” (Notice at 1‐2.) As an initial matter, the Court notes that Code of Civil Procedure section 430 was repealed in 1972. That said, Plaintiff provides the applicable statutory grounds for her demurrer in her support memorandum. (See Support Memo at 1:19‐21, citing Code Civ. Proc., § 430.20.) The...

Excerpt: ... present ruling, to amend the Complaint to: 1) state a claim entitling them to the requested judicial decree, and 2) strike the word “may” from paragraph 21. 23 I. PROCEDURAL MATTERS Defendants Sheila Loewenstern and Norman Loewenstern demur to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. Defendants' Request for Judicial Notice is DENIED in its entirety...

Excerpt: ...h the Complaint are based on acts by Defendants in furtherance of their free speech rights and are therefore subject to a special motion to strike. In making the following ruling, the Court did not rely on any of the portions of the Declaration of John S. Rueppel that are the subject of Defendants' evidentiary objections and on that basis, the objections are MOOT. “The special motion to strike established in section 425.16 may be used to attack...

Excerpt: ...ex parte application seeking an order to, among other relief, continue the deadline by which Plaintiffs were required to file the FAC. The matter came on ex parte on August 23, 2022, with Micheal A. Thompson appearing on behalf of Plaintiffs and Nathaniel Bigger appearing on behalf of Defendants. (See August 23, 2022 Minute Order (8/23 M.O.). The 8/23 M.O. states, “Counsel advised the Court that they had entered into a Stipulation as follows:.....

Excerpt: ...tiffs failed to allege facts sufficient to establish that either Jamcan or AC I enjoy standing to 6 maintain their claims and on the further grounds that the allegations of the first cause of action are fatally uncertain. While the moving party includes an abstract reference to the Court's tentative ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The moving part...

Excerpt: ...oes not state facts sufficient to constitute a cause of action because it is untimely under Probate Code section 9100. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local 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 L...

Excerpt: ...2033.290, for an order compelling Cross‐Defendant Albert Czap to serve further verified responses, without objections, to Form Interrogatory Nos. 2.11, 12.4, 13.1, and 17.1 and Request for Admissions Nos. 1‐3, 9‐10, 13‐16, and 21‐26 on the grounds that Czap “has failed, without justification, to serve proper responses to these Discovery Requests.”1 (Notice of Motion at 2:4‐8, 11‐13.) Wang also moves, pursuant to sections 2023.01...

Excerpt: ...lfth, Thirteenth, Sixteenth, and Seventeenth Causes of Action in the Second Amended Complaint (“SAC”) filed by Plaintiff Genevieve Walsh (“Plaintiff”). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirem...

Excerpt: ...llegations of the Cross‐Complaint, and should be stricken.” (Notice of Motion at 2:4‐12.) The Court lacks jurisdiction to hear the matter. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. 3 Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers ...

Excerpt: ...ubject requests for production of documents is GRANTED. Doricko is ordered to produce responses to Ivanov's Request for Production of Documents, Set Two, without objections, no later than 10 calendar days from the date of notice of entry of the present order. Plaintiff withdrew the request for sanctions through the Reply Brief filed January 20, 2023. The moving party failed to include in the notice of this motion proper notice of the Court's tent...

Excerpt: ...e Subject Discovery are deemed waived. Plaintiff is also deemed to have waived his right to produce documents in lieu of responses to the subject interrogatories. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthw...

Excerpt: ...�Defendants”)1 move for summary adjudication of the first cause of action for reformation and second cause of action for usury asserted in the Second Amended Cross‐Complaint (“SAXC”) filed by Kieu Hoang, Kieu Hoang Winery, LLC, and RAAS Nutritionals, LLC (collectively, “Cross‐Complainants”) on August 19, 2022. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as requ...

Excerpt: ...filed by Plaintiff Nimer Ibrahim Shiheiber (“Plaintiff”) pursuant to Code of Civil Procedure section 430.10, subdivision (e), 430.030, subdivision (a), and 430.50, subdivision (a) and Rules of Court, rule 3.1320. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the mis...

Excerpt: ...purposes the Court does not permit operative pleadings to be filed in the form of exhibits to other documents. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument u...

Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...

Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...

Excerpt: ...�Defendants”). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local 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 for oral argument or con...

Excerpt: ...ephone 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 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. “At any time after notice of pendency of action ...

Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...

Excerpt: ... consolidation will avoid unnecessary costs and delay. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc, § 1048, subd. (a).) The Court finds from a rev...

Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to the 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 for oral argument or continuance of hearing, made by any party who r...

Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH is therefore 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...

Excerpt: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Rules of Cour...

Excerpt: ...t Finnuala Hanifan (“Finnuala”) moves, pursuant to Code of Civil Procedure section 2032.650, subdivision (c), for monetary sanctions in the amount of $2,500 and an evidentiary sanction to exclude Defendants' IME expert, Dr. David Masur, from testifying at trial for failing to produce his report and tests pursuant to the Court's December 12, 2022 order. “If a party then fails to obey an order compelling delivery of medical reports, the court...

Excerpt: ...ive damages” from the caption on page 1 and in paragraphs 10(f), 11(g) and 14(a)(2) on page 3; 2. “Accordingly, defendant Wright acted with malice and conscious disregard for the safety of others. Defendant's conduct warrants an award of punitive or exemplary damages” from paragraph EX‐2 on page 5; and 3. “The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10” from paragraph EX‐3 ...

Excerpt: ...r an order to continue the trial date from March 2023 to June 2023. The motion is made on the grounds that Defendant Gene Webb's (“Defendant”) dispositive motion is untimely, Plaintiffs need to conduct discovery after the hearing date for the dispositive motion, and the current trial date takes place during the height of the Napa rainy season, so all damages and conditions may not be known at the time of a March trial. “A party seeking a co...

Excerpt: ...k of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...

Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...

Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...

Excerpt: ...ianni (collectively, “Defendants”) move for summary judgment in their favor and against plaintiff Savannah Ritter (“Plaintiff”) on the grounds that (1) Defendants did not own or control the tree or sidewalk adjacent to the property where Plaintiff was injured and had no duty to third persons for injuries occurring on the sidewalk, (2) Defendants did not cause or create any condition of the tree that caused it to fall, allegedly injuring P...

Excerpt: ...n (“Plaintiff”) cannot (1) establish the necessary elements for liability under Government Code section 835, and (2) maintain a negligence cause of action against the City, as 2 the Government Code section 835 is the exclusive means by which Plaintiff may pursue her claim against the City. As a preliminary matter, Plaintiff's First Amended Complaint (“FAC”) asserts three unlabeled causes of action, only one of which is against the City. W...

Excerpt: ...n grounds that it arises from Defendants' protected activities in connection with a public issue and lacks merit because it is based on activities that are immune from liability pursuant to the litigation privilege. Defendants move, in the alternative, for an order striking specific language in the fourth cause of action on the same grounds. Defendants also seek an award of costs and attorneys' fees incurred in bringing the motion. “The special...

Excerpt: ...uirements including those set forth in Code of Civil Procedure sections 2031.210, et seq. Defendant is further ordered to produce all responsive documents in his possession, custody, or control, no later than 30 days from notice of entry of the present order. Finally, Defendant and his counsel of record are ordered to pay to Plaintiffs care of their attorney of record in this action, within 15 days of notice of entry of the present order, monetar...

Excerpt: ...0217(g) and 20250(k), for an order requiring compliance with six administrative subpoenas (five subpoenas ad testificandum and one subpoenas duces tecum) dated July 28, 2022 served on Respondent St. Supery, Inc. dba St. Supery Vineyards & Winery (“Respondent”). I. LEGAL STANDARD “In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry [by the ALRB...

Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...

Excerpt: ...ivil Procedure section 437c, subdivisions (a)‐(e), for summary judgment, or in the alternative summary adjudication, on the two causes of action they assert against Cross‐Defendants Gerald L. Nunn and Judith Nunn (collectively, “Nunns”) in Wenyons' Cross‐Complaint filed on November 16, 2021 (“Cross‐Complaint”)—the first cause of action for quiet title and the second cause of action for declaratory relief. The motion is brought o...

Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...

Excerpt: ...y shall request oral argument pursuant to Local Rule 2.9 and provide an explanation. I. PROCEDURAL MATTERS Defendants Hoopes Family Winery Partners, LP, Hoopes Vineyard LLC, and Lindsay Blair Hoopes (“Hoopes” or “Defendants”) move, pursuant to Code of Civil Procedure sections 435 and 436, to strike certain portions of the Complaint filed by Plaintiffs Napa County and the 32 People of the State of California ex rel. Thomas Zeleny, as Inter...

Excerpt: ...dure section 1005 or Rules of Court, rule 3.1300, subd. (a). “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing” with additional time depending on the method of service. (Code Civ. Proc., § 1005, subd. (b).) • There is no proof of service of the instant motion on the opposing parties in the court file, in violation of Rules of Court, rule 3.1300, subdivision (c). “Proof of service of t...

Excerpt: ...judgment/adjudication deadline. The Club moves on the grounds that Mr. Voronin has repeatedly impeded the Club's ability to take his deposition without substantial justification, has not provided any available dates for deposition, and has otherwise kept the Club in the dark about when dates will be forthcoming. “If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410,...

Excerpt: ...AGA Claims from her “representative” PAGA claims and dismissing the latter is DENIED. Plaintiff is ordered to arbitrate her PAGA claims. Finally, the Court concludes that whether or not Plaintiff waived her right to bring class‐action claims is an issue properly left for the arbitrator to decide. Defendant Ole Health moves, pursuant to the Federal and California Arbitration Acts for an order compelling Plaintiff Angelica Infante to submit h...

Excerpt: ...ction (Oct. 11 Minute Order). “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, within 10 days after service upon the party of written notice of entry of the order and 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 modify, amend, or revoke the pri...

Excerpt: ...torney to pay a monetary sanction to Petitioner in the amount of $1,404. Code of Civil Procedure section 2030.290 governs the effect of a party's failure to serve a timely response to interrogatories. Petitioner submits evidence demonstrating that, on September 30, 2022, Respondent served a response to Petitioner's interrogatories propounded on August 31, 2022. (Declaration of Steven H. Kuhn (“Kuhn Decl.”), ¶¶ 2‐3, Exhs. 1‐2.) Although ...

Excerpt: ...rein. 2 Defendants failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants are therefore 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 for oral argument or continuan...

Excerpt: ...he constitutional right of freedom of speech and petition for the redress of grievances” and “Plaintiffs' claims lack merit.” Defendants further move for attorneys' fees pursuant to Code of Civil Procedure section 425.16, subdivision (c). The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telep...

Excerpt: ...orrectly named as Wyndham Hotel Group, LLC, John Miller, John Evans, Tim Wall, and Silverado Resort Services Group, LLC (collectively, “Defendants”) moves, pursuant to Code of Civil Procedure sections 2032.020, 2032.310, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). This matter originally came on for hearing on November 30, 2022 at 8:30 a.m. in Dept. B. ...

Excerpt: ...RANTED. The Case Management Conference on December 15, 2022 at 8:30 a.m. in Dept. A shall remain on calendar. Plaintiff is directed to provide notice of this order to the parties. Plaintiff Two Jinn, Inc. dba Aladdin Bail Bonds (“Plaintiff”) moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c), 2023.010, subdivisions (a), (d) and (g), and 2023.030, subdivisions (a) and (b), for an order striking the answer of Defendan...

Excerpt: ... and its counsel of record are ordered to pay monetary sanctions to Plaintiff, care of her counsel of record, in the amount of $3,460, within 10 days of notice of entry of the present order. Plaintiff's request for issue sanctions is DENIED WITHOUT PREJUDICE. Plaintiff Martha Martinez moves, pursuant to Code of Civil Procedure section 2031.310 for an order compelling Defendant Rancho Gordo, Inc. (Rancho Gordo) to serve further responses to Plaint...

Excerpt: ...hird Partial Final Award (“TFA”) all concerning the valuation of KGF's interest in Hundred Acre Wine Estate, LLC (“HAWE”) for the purpose of sale to the majority owner of HAWE. The grounds for the petition are that the arbitrator (1) declined to decide and refused KGF's requests for discovery from Respondents Jayson Woodbridge (“Woodbridge”) and Jane Doe Woodbridge and their marital community, the Hundred Acre Wine Group, Inc, One Tru...

Excerpt: ...‐Intervention T&M Agriculture Services LLC, administered by Preferred Employers Insurance Company (“T&M”) moves, pursuant to Code of Civil Procedure section 387, subdivision (b), and Labor Code sections 3850 et seq., for an order permitting intervention. The grounds for the motion are that T&M will be unduly burdened if it is not allowed to intervene and recover costs that it has expended in paying workers' compensation benefits to Plaintif...

Excerpt: ...rein. Defendants failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants are therefore 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 for oral argument or continuance...

Excerpt: ...s profits and financial condition. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party attempted to provide a late notice of the Court's tentative ruling system by filing an Amended Notice which was not filed until November 28, 2022. Thus, moving party is directed to immediately provide, by telephone call AND email, the notice to opposing ...

Excerpt: ...e demurrer is brought on the grounds that Plaintiff's eighth cause of action for breach of fiduciary duty fails to state facts sufficient to constitute a cause of action against the Broker Defendants pursuant to Code of Civil Procedure section 430.10, subdivision (e). The parties are reminded of Napa Superior Court Local Rule 3.3 which requires a courtesy copy of any e‐filed document exceeding 15 pages (including exhibits) to be provided to Cou...

Excerpt: ... through third, and fifth through tenth causes of action on the grounds that there is no triable issue of material fact as to any of the claims and as a result, Rancho is entitled to summary adjudication as a matter of law. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone ca...

Excerpt: ...ants”) move, pursuant to Code of Civil Procedure section 437c, for summary judgment against Plaintiffs Gerald Hanifan, an individual (“Gerald”); Jennifer Hanifan, an individual (“Jennifer”); Gerald Hanifan and Jennifer Hanifan, as successors in interest to Michaella Hanifan (“Michaella”); and Finnuala Hanifan (“Finnuala”) (collectively, “Plaintiffs”). The Corporate Defendants and Individual Defendants are collectively referr...

Excerpt: ...misrepresentation of facts by Plaintiffs in the application process would entitle CSAA to summary judgment or summary adjudication on grounds raised through its eleventh, twelfth, and/or fourteenth affirmative defenses. Plaintiffs are granted leave to serve and file, no later than December 20, 2022, a supplemental opposition limited to the same issues and the same length. CSAA is granted leave to serve and file, no later than December 30, 2022, a...

Excerpt: ...s failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants are therefore 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 for oral argument or continuance of hearing, ma...

Excerpt: ...10, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). The grounds for the motion are that “Ms. Hanifan has placed her mental condition ‘in controversy' and good cause exists to compel a neuropsychological examination of Ms. Hanifan. A condition ‘in controversy' means the specific injury that is the subject matter of the litigation. (See Roberts v. Superior...

Excerpt: ...arty/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. 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. Defendant M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...

Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...

Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...

Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...

Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9....

Excerpt: ...he 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. Defendant Walmart, Inc. (Walmart) moves for an order compelling non‐party witness Pacific Rehabilitation & Sports Radiology Department (Pacific Rehabilitation) “to produce documents listed in the subpoena which is in...

Excerpt: ...2018, she was a partner at Coombs & Dunlap, LLP. She worked in a different area of law than Mr. Malcolm Mackenzie and has no firsthand knowledge of the subject matter set forth in his declaration. She can be fair and impartial in this matter. TENTATIVE RULING: The motions are DENIED. I. PROCEDURAL MATTERS Respondent Frank J. Ballentine (“Frank”), individually, as successor trustee and beneficiary under The William V. Ballentine and Betty P. B...

Excerpt: ...ient to state a claim against these moving defendants under Labor Code section 1102.5 (Section 1102.5). A motion for judgment on the pleadings may be made on the ground that the complaint fails to state facts sufficient to constitute a legally cognizable claim. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Sofias v. Bank of America (1985) 172 Cal. App. 3d 583, 586.) Individual Defendants argue that Section 1102.5 does not provide for liability o...

Excerpt: ...or an order cleaving Plaintiff's “individual” PAGA Claims from her “representative” PAGA claims and dismissing the latter; and order Plaintiff to arbitrate her PAGA claims. However, the hearing is CONTINUED to December 15, 2022, at 8:30 a.m. in Dept. A to permit the parties to brief issues relating to Defendant's request to dismiss Plaintiff's class claims, as discussed below. Defendant Ole Health moves, pursuant to the Federal and Califo...

Excerpt: ...e‐trial statutory deadlines shall flow from the continued TMC date. The Mandatory Settlement Conference shall remain on calendar for March 2, 2023 at 8:30 a.m. in Dept. MSC. If any of the parties are unavailable on the trial date set above, the parties shall meet and confer on an alternative date consistent with this tentative ruling, and either submit a stipulation to inform the Court of the agreed‐upon trial date or put the matter on for a ...

Excerpt: ...under Local Rule 2.9 remain in effect. 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 Bank (USA), N.A. (Capital One) moves, pursuant to Code of Civil Procedure section 473, subdivision (b) (Section 473(b)), to set aside the default jud...

Excerpt: ...o plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) Respondent here seeks an order quashing the September 16, 2022 service on grounds that it was not served in conformity with the relevant provisions of the Code of Civil Procedure. (See Code...

Excerpt: ...cussion below. (Rules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Frattini demurs to the complaint filed by Plaintiff Lan Thi Tran Nguyen (“Plaintiff”), pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), on the ground that all causes of action fail to allege facts sufficient to constitute a cause of action and are fatally uncertain. The moving party failed to include in the notice of this motion proper...

Excerpt: ...time to file [] a responsive pleading.” (Notice at 2.) “This motion is made on the grounds there is good cause to allow the filing of an amended complaint adding in as plaintiff Edward Sanchez as his cause of action for wrongful foreclosure is for the same real property in which current plaintiff Christopher Bearman is also alleging wrongful foreclosure.” (Ibid.) Sanchez cites Code of Civil Procedure section 473, subdivision (a)(1), and Rul...

Excerpt: ...d (2) to the first and second causes of action on the grounds that “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the Complaint and incorporated therein by reference.” (See Demurrer at 1:23‐2:28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or ...

Excerpt: ...ents' request for an order vacating or correcting the arbitration award is DENIED. The Petition to Confirm the Award is GRANTED. The Court orders the Clerk to set the matter for a Case Management Conference on December 14, 2022, at 8:30 a.m. in Dept. A. A. PROCEDURAL MATTERS Defendants / Petitioners Napa Creek Village, LLC, Barbara L. Meyer, and U.S. Fire Insurance Co. (Petitioners) petition the Court, pursuant to Code of Civil Procedure, section...

Excerpt: ...tition for Writ of Mandate. Through both, Petitioner moves, pursuant to Code of Civil Procedure section 1085, Corporations Code sections 17704.10 and 17701.13 et seq., and Rules of Court, rule 8.932, for a Writ of Mandate directed to Respondents Kelham Vineyards & Winery LLC (“Kelham Vineyards”) and Susanna Rogers Kelham (“Ms. Kelham”) (collectively, “Respondents”) to enforce Petitioner's right, as a member of Kelham Vineyards, to obt...

Excerpt: ...served as Defendant's Director of Nursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. It appears, however, that Defendant did produce the witne...

Excerpt: ...t filed June 22, 2022, and that filed October 24, 2022, are GRANTED. The Court takes judicial notice of Napa County Code, section 15.04.080, Napa County Ordinance Nos. 1020, 1109, and 1160, and the 1991, 1994, and 1997 Uniform Building Codes. The Court rules on the objections to Peletta's evidence asserted by responding parties Francis Wang and Laura Young (collectively the Wangs) as follows: Objection No. 1: Sustained as to 39:22‐24 and overru...

Excerpt: ... and Sudha Sawkar (collectively, “Plaintiffs”). Defendants also seek their attorneys' fees and costs incurred in connection with this motion. The motion is made on the grounds that “[t]he Notice is void on its face for failure to comply with the mandatory notice requirements of the Code of Civil Procedure and for plaintiffs' failure to verify their complaint.” (Notice of Motion at 2.) Defendants' Request for Judicial Notice (“RJN”) of...

Excerpt: ...sed redactions are on 10 pages of an arbitrator award totaling 38 pages and on four pages of an arbitration pleading totaling 19 pages, which are attached as Exhibits C and D to the Petition to Vacate, as identified in the Declaration of David J. Millstein. (Millstein Decl. ¶ 6, Exh. C.) Respondents indicate that, while Petitioners do not join the present motion, counsel for Petitions have informed Respondents that they will not oppose the motio...

Excerpt: ... sections 473c, subdivision (a)(1), and 576, for leave to file a fourth amended complaint. The motion is brought “on the grounds that the interests of justice will be served if plaintiffs are allowed to revise their sixth cause of action for declaratory [relief] to remove all doubt that the only requested relief is a judicial determination that the 2005 Agreement did not terminate when plaintiffs reconstructed and remodeled their house and barn...