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: ... 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: ...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: ...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: ...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: ... 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: ...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: ... 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...