Excerpt: ...tion. Having given the matter reconsideration, however, the court finds the wine storage costs would constitute special damages that were not foreseen or adequately foreseeable as part of the parties' agreement in this case. This case is distinguishable from those cited in plaintiff's motion because, unlike premises that can always be expected to be utilized upon availability by the parties themselves or rented for use by others, the same is not ...

Excerpt: ... this motion. Plaintiff's objection to the Court taking judicial notice of the probation order is deemed moot. Plaintiff's request for judicial notice of the summons in Case No. 18FL000022 (exhibit A), the notice regarding payment of support (exhibit B) in that case, the notice of limited scope representation (exhibit C) in that case, and the fact defendant “is not a stranger to obtaining legal representation” is DENIED. These materials and t...

Excerpt: ...reement, between the parties was formed. On February 21, 2019, Plaintiff William Wren, and his attorney Carrie Gallagher, and Defendant Richard Berridge, in pro per, participated in a mediation aimed at settling the present action. At the end of the mediation session, the parties drafted, and then each party signed, a writing (“Feb 21 Offer”), the introduction of which provides, “William Wren, his attorney Carrie Gallagher, and Richard Berr...

Excerpt: ...le to contact Plaintiff's counsel prior to the hearing, 2 The Court notes that Plaintiff raised the overarching issue of whether the Feb 21 Offer might be an option agreement only at the original hearing on the motion. Despite his having failed to raise the issue through his original moving papers, the Court permitted him to file a supplemental brief on the issue. Having now failed, in effect a second time to present any argument relating to the ...

Excerpt: ...rial by jury. (Code Civ. Proc., § 631, subd. (g).) Defendant's motion is thin in terms of detailing inadvertence. (See Mackenzie Decl., ¶ 9, Ex. B [after plaintiff's counsel informed defendant's counsel that plaintiff was waiving her right to a jury trial, defendant's counsel responded in an October 29, 2019 email: “On further consideration, [defendant] will be seeking a jury trial.”].) But the Court believes it would be an abuse of discret...

Excerpt: ...hall be available at the hearing, in person or by telephone, in the event defendants' counsel appears without following the procedures set forth in Local Rule 2.9. A. Request for Judicial Notice and Evidentiary Objections Plaintiff 3030 Airport Road, LLC's request for judicial notice is GRANTED as to Airport Sponsored Assurances of the Federal Aviation Administration (exhibit A), Napa County Lease Agreement No. 6621 (exhibit B), FAA registration ...

Excerpt: ...al request to continue the trial date out far enough to file a summary judgment motion. The Court also allowed defendant to file a reply to the opposition. The reopening of discovery appears appropriate due to the production of documents that occurred on February 1, 2019, and the possible failure to exhaust the discovery process via the production of internal email communications. Defense counsel represents that it now believes this matter can be...

Excerpt: ...dd an Indispensable Party is GRANTED. Plaintiff's Motion for Leave to File Sixth Amended Complaint to Add an Indispensable Party is DENIED. 1. PLAINTIFF'S REQUESTS FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice is GRANTED in part. The Court takes judicial notice of: (a) Verified Complaint for Trespass, Foreceable Detainer, prescriptive Easement and Nuisance Abatement filed in this matter January 29, 2014, but not for the truth of the...

Excerpt: ...nquestionably a form of personal injury. (See Schwab v. Rondel Homes (1991) 53 Cal.3d 428, 432 [plaintiffs' emotional distress claim covered by Code of Civil Procedure section 425.10].) Swank's claim for emotional distress is not “incidental” to the causes of action in her complaint as one of the reasons she filed her pleading is due to the alleged emotional distress she suffered from the death of her dog. (See id. [an emotional distress clai...

Excerpt: ...solve the dispute. Through the Complaint in this matter Plaintiffs allege that Defendant failed to make certain disclosures to Plaintiffs relating to Defendants sale to Plaintiffs of residential real property. The Complaint asserts six causes of action relating to the same set of general allegations. The nature and scope of the allegations set forth in the Complaint are typical for this type of case. Through the present motion, Plaintiffs assert ...

Excerpt: ...efendant's Request for Judicial Notice is GRANTED in part. The Court agrees that California Evidence Code section 452, subsections (c) and (h) permit the taking of judicial notice of the records and files of the California Agricultural Labor Relations Board (ALRB). (Medix Ambulance Service, Inc. v. Super. Ct. (2002) 97 Cal.App.4th 109, 114, Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1749‐ 1750.) The Court takes judicial notice of the followin...

Excerpt: ...pp. Decl., ¶ 4.) The request for a privilege log is granted as there is no indication defendant produced a supplemental privilege log. (Sakaguchi Decl., ¶ 11.) Defendant shall provide a supplemental privilege log if it believes that certain files are privileged. (Code Civ. Proc., § 2031.240, subd. (b); Hernandez v. Super. Ct. (2003) 112 Cal.App.4th 285, 291‐92.) Defendant shall serve its privilege log within 10 calendar days of service of no...

Excerpt: ...dicial Notice is GRANTED in its entirety. 3. Plaintiffs' Procedural Objections to Defendants' Motion for Summary Adjudication Plaintiffs' procedural objections are OVERRULED. Plaintiffs argue that the Court should deny Defendants' Motion for Summary Adjudication because of asserted defects in Defendants' Notice of Motion and Separate Statement of Undisputed Facts. Specifically, Plaintiffs assert that certain language is not repeated in the two do...

Excerpt: ...pies. The Court's February 1, 2019 Minute Order stated, “Plaintiff has not complied with Local Rule 3.3. Plaintiff is directed to provide courtesy copies of e‐filed documents not later than February 8, 2019.” Plaintiff failed to provide courtesy copies. Plaintiff's counsel is cautioned that any further violation of Local Rule 3.3, or failure to comply with the Court's Orders in this matter will result in sanctions. A. Factual Background Pla...

Excerpt: ...nded opposition brief) and prior to the hearing on the Court's motion re: Dismissal, any issues relating to whether the class‐action may be properly maintained in light of the present ruling relating to the named‐plaintiff. A. Defendant's Request for Judicial Notice The Request for Judicial Notice by Defendant Queen of the Valley Medical Center (QVMC) is GRANTED as to (a) DLSE Counsel H. Thomas Cadell's June 3, 1991 opinion letter, (b) Wage O...

Excerpt: ...hough plaintiffs again failed to satisfy California Rule of Court, rule 3.1324, by stating in the supporting declaration where the new allegations are proposed to be added by page, paragraph, and line number, the Court overlooks the deficiency because exhibit B to the Jones declaration is highlighted to allow the Court to determine where the additional allegations were added. Plaintiffs shall file their proposed first amended complaint by Februar...

Excerpt: ...Terminating Sanctions (Exhibit E), and Notice of Entry of Judgment on Verdict (Exhibit F) in Case No. 26‐ 56249; and (2) case information from the Court's website (Exhibit G), complaint (Exhibit H), and May 7, 2014 Order (Exhibit J) in Case No. 26‐62431; and May 23, 2018 Minute Order (Exhibit M) in this case. For the pleadings, the Court does not take judicial notice of the truth of the matters asserted therein. The request is denied as to ex...

Excerpt: ...ment Quieting Title entered September 16, 2005 in Napa County Superior Court Case No. 26‐29788. (2) DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION TENTATIVE RULING: Defendants' Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Fifth Amended Verified Complaint for Prescriptive Easement and Nuisance of Plaintiff Kathleen McBride filed March 27, 201...

Excerpt: ...e claims on which the attachment is based are claims on which an attachment may issue; (2) plaintiff has established the probable validity of the claims on which the attachment is based; (3) the attachment is sought for no purpose other than the recovery on the claims on which the attachment is based.; and (4) the amount to be secured by the attachment is greater than zero. ...

Excerpt: ...pursuant to Civil Code section 3295. Preliminarily, the court voices its disappointment that counsel for both parties have filed these motions to be heard on the first day of trial, despite trial having been continued previously and despite knowing about the current trial date for the last four months. All of the issues raised in these motions have been patent to counsel for quite some time. Waiting this long to bring these issues to the court's ...

Excerpt: ... unable to contact Defendant's counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiff's Motion for Order Compelling Further Responses to Request for Identification, Inspection and Production Nos. 5 and 9 is GRANTED in part. Defendant Tina L. Huff (Huff) shall serve verified code ...

Excerpt: ...ct 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 Plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant's Motion to Compel Further Responses to For...

Excerpt: ...1, and 63‐68, request for admissions numbers 4‐5, 7, 10, 12‐15, 17‐20, 22, 30, 34, and 36, and request for production of documents numbers 5‐9, 14, 17, 19‐20, and 24‐28 is DENIED.2 The Court will not reach the merits because a review of the declarations reveals the meet‐and‐confer process was not exhausted prior to the filing of this motion. Defendant JPMorgan Chase Bank N.A. agreed to supplement various responses following a me...

Excerpt: ...ilure to serve timely responses to requests for admissions necessitated a motion to deem the requests admitted. (Code Civ. Proc., § 2033.280, subd. (c).) Brock failed to serve timely responses to the requests. However, Code of Civil Procedure section 2023.040 requires the moving party to support its motion with a memorandum of points and authorities. TRC, in its memorandum of points and authorities, supported its request for monetary sanctions w...

Excerpt: ...ty to submit new evidence with a reply brief. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241.) The decision whether to admit such evidence is within the trial court's discretion. (Id.) The Court finds that the evidence and legal argument sections of Petitioner's reply brief subject to the present motion are new, and improperly submitted. For this reason, the Court orders the following stricken from the record: A) Section II of the Reply...