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: ...Judicial Notice Defendants' Request for Judicial Notice is GRANTED in part. The Court takes judicial notice of the following: (A) Petition and Complaint filed January 15, 2019, in the matter of Hall Vineland, LLC et al. v. City of St. Helena, et al., in Napa County Superior Court Case No. 19CV000093, but not for the truth of the matters asserted therein; (C) Plaintiffs' Request for Dismissal of the Complaint in Napa County Superior Court Case No....

Excerpt: ...e‐trial issues. In accord with that order, defendant filed a consolidated demurrer. Plaintiffs Theodore Joseph Shushereba (successor in interest to the Estates of Jennifer Gonzales Shushereba and Cecilia Rose Shushereba and in his personal capacity), Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), Donald Loeber and Marie Loeber, and Michael Gonzales and Kathleen Gonzales each filed separate oppositions. The var...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants' counsel is directed to contact Plaintiffs' counsel forthwith and advise Plaintiffs' counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiffs' counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel ap...

Excerpt: ...otion as being made against the amended answer filed on August 6, 2019, not the original answer. Because the notice of motion states judgment on the pleadings is sought as to the entire amended answer, the motion may be denied if any defense is alleged. (See Fire Ins. Exch. v. Super. Ct. (2004) 116 Cal.App.4th 446, 452.) Defendant Gene Webb denied each allegation in the complaint. A general denial is effective to controvert all material allegatio...

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...

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: ...supplemental responses provide approximations, but not precise responses. The Court agrees that, because this information is within the exclusive control of Plaintiffs, and is relevant to issues raised in the litigation, Defendants are entitled to precise answers. Plaintiffs are directed to provide, within 10 days of notice of entry of the present order, additional responses, which include specific amounts to the best of each Plaintiff's ability ...

Excerpt: ...ntiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. 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. Defendants Kay Pacey and Kay Pacey Insurance Services, Inc.'s motion for terminating sanctions is DEN...

Excerpt: ...thin 30 days of notice of entry of this order. (Code Civ. Proc. § 438, subd. (h)(2).) The timely filed notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9.3 Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise Plaintiff's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prio...

Excerpt: ...Demurrer of Defendant Queen of the Valley Medical Center (QVMC) is OVERRULED. QVMC shall file its answer within 10 calendar days of service of notice of entry of order. (Rules of Court, Rule 3.1320, subd. (g).) 1 Mathfallu has complied with the July 9, 2019 Order by paying the monetary sanctions, even though it was paid by a third‐party company Mathfallu controls. The Court is unaware of any authority that this is improper for purposes of compl...

Excerpt: ... Plaintiffs to separately respond to, discovery requests would be inefficient and unduly burdensome. The Court notes Defendants' apparent willingness to jointly propound Form Interrogatories and Discovery requests relating to damages. The Court appreciates the parties' meet and confer efforts. The Court would like to hear from the parties, through additional briefing, on whether there are other subject areas (e.g. Plaintiff's employment history a...

Excerpt: ...ounsel shall be available at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant's demurrer to the first cause of action for violation of Propositions 13, 62, and 218 – California Constitution, Articles 13A, 13B, and 13C on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs seek a refund of all fees defe...

Excerpt: ...ed‐for component of a specific high‐priced menu item.”) When those allegations were made, there was no law clarifying whether section 25980 banned the provision of foie gras as a bargained‐for component of a specific high‐priced menu item. And since the complaint alleges that Chef Frank was outspoken about the law and predicted it would drive sales underground, and his practices were similar to what a different chef described as a way �...

Excerpt: ...on does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant's counsel is directed to contact Plaintiff's counsel forthwith and advise plaintiff's counsel of Local 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 Plaint...

Excerpt: ...e petition was filed. This petition, however, also seeks an injunction barring future actions/decisions. On that basis, the Court believes the later evidence is relevant and properly included and the motion to limit the scope is, therefore, DENIED. That being said, the Court does not believe a granting of the motion would have had any impact on its decision on the underlying petition. [2] PETITION FOR WRIT OF MANDAMUS Tentative Ruling: Petitioner...

Excerpt: ...ision (a)(2), which provides for an injunction “[w]hen it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.” (Ex Parte Application, filed July 24, 2019 (Application) at 4:4.) However, the Memorandum of Points and Authorities section of the Application argues that an injunction is appropriate pursuant to Cali...

Excerpt: ...able at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant State Farm General Insurance Company's demurrer to the fourth cause of action for concealment and fifth cause of action for negligent misrepresentation on the ground of failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs Emily Cocks and Andrew Skolnick have not ...

Excerpt: ...Rules of Court, rule 3.1700(a).) To be recoverable, costs must be reasonable in amount and reasonably necessary to the conduct of litigation. (§ 1033.5, subd. (c)(1)‐(3).) If the items listed in the memorandum of costs appear proper on their face, then the verified statement is prima facie evidence of their propriety. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267; Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 2...

Excerpt: ... of Local Rule 2.9 and the Court's tentative ruling procedure. If ExxonMobile's counsel is unable to, or elects not to, contact any such counsel prior to the hearing, ExxonMobile's counsel shall be available at the hearing, in person or by telephone, in the event other counsel appears without following the procedures set forth in Local Rule 2.9. On May 13, 2019, ExxonMobile propounded written discovery on Plaintiffs. ExxonMobile asserts that Plai...

Excerpt: ... Local Rule 2.9 and the Court's tentative ruling procedure. If Chase Products, Co's counsel is unable to contact any counsel prior to the hearing, Chase Products, Co's counsel shall be available at the hearing, in person or by telephone, in the event other counsel appears without following the procedures set forth in Local Rule 2.9. [2] DEFENDANT PACKAGING SERVICE CO.'S DEMURRER TENTATIVE RULING: Defendant Packaging Service Co.'s demurrer is OVER...