Excerpt: ...curred on appeal.” (Mtn. at p. 2:13‐14.) The rule does not mention costs being awarded as attorney's fees. (See Cal. Rules of Court, rule 3.1702(c)(1) [“A notice of motion to claim attorney's fees on appeal‐other than the attorney's fees on appeal claimed under (b)‐under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving an...

Excerpt: ...er or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. (Code Civ. Proc. § 472, subd. (a).) Similarly, a plaintiff may amend the complaint after the date for filing an opposition to the demurrer upon stipulation by the parties. (Ibid.) Defendant Specialized Loan Servicing LLC noticed a hearing on October 18, 2019, for its pending demurrer to ...

Excerpt: ...PS Store mailbox number that defendants apparently are using at 39506 Daisey Mountain Road, Anthem, Arizona 95086. The People request the Court order that CRC and Soscol, as limited liability companies, not be able to appear in this action without an attorney. Although the request is not properly before the Court as part of a noticed motion, the Court will restate the law on the issue to encourage the corporate defendants to promptly find new cou...

Excerpt: ...V2 Wine Group, LLC (V2), a company engaged in the marketing and sales of wine. Defendants move for an order compelling plaintiff Merryvale Vineyards LLC (Merryvale) to serve further responses to Defendant's First Request for Production of Documents Nos. 2, 3, 4, 6, 31, and 32. In order to prevail, Defendants are required to "set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc. § 2031.310, s...

Excerpt: ...el shall appear at the hearing, in person or by CourtCall, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendants Lil' Wave Financial, Inc. dba Superior Loan Servicing (“Loan Servicing”), Mark Capalongan, Sandra Capalongan, Jimmy Hui, Jing Feng, and Hou Sang Wong's demurrer to the first cause of action for violation of Civil Code section 2924d and second cause of action for violation ...

Excerpt: ...ack doctrine does not apply, and the actions as presently pled are time‐barred, then analysis of the remainder of the pleading is not necessary. If the doctrine does apply, and the two causes of action are not time‐barred, then plaintiff Stacee Cootes contends each argument defendants raised were raised and ruled upon on August 1, 2019. The moving defendants, defendants Cashel, Inc. (dba Napa Cashel) and Raja Development Co., Inc (collectivel...

Excerpt: ...on OSC re: Dismissal, January 15, 2020, 8:30 a.m. in Dept. B. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Respondent's counsel is directed to contact Petitioner's counsel forthwith and advise Petitioner's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Respondent's counsel is unable to contact Petitioner's counsel prior to the hearing, Respondent's cou...

Excerpt: ...s (September 12, 19, 24) and its absence was both unexcused and fatal to reaching a global settlement. (Id., ¶¶ 3‐5.) As a result, Venuta claims First American violated California Rules of Court, rules 2.30(b) and 3.1380(b), requiring all persons with full authority to settle the case to personally attend the conference unless excused by the court for good cause. “The court may order a person, after written notice and an opportunity to be h...

Excerpt: ...quest for Judicial Notice is DENIED as to: the Motion to Impose Stay filed on January 8, 2019 in Bankruptcy Case Number 19‐10027, attached as Exhibit 10 to Defendants' Request; and, the Plaintiff's Ex Parte Application for Temporary Restraining Order and OSC re Preliminary Injunction; Declaration of Bruce Chadbourne; Declaration of Nicholas H. Van Parys, Esq., [Proposed] Order filed on July 23, 2019, attached as Exhibit 13 to the Request. Neith...

Excerpt: ...n Van Leeuwen and Frans Simon Van Leeuwen and defendant signed and accepted a section 998 offer. Defendant offered to pay $100,001 in exchange for plaintiffs, in their individual and representative capacity, dismissing and releasing their claims against defendant. Importantly, the offer and lump sum payment applied not only to plaintiffs, but to all “others similarly situated.” On this basis, and assuming without deciding that section 998 app...

Excerpt: ... the matter. Plaintiff is instructed to contact the Civil Filing Division at the Napa County Superior Court to pay, subject to any applicable fee waiver, the: (1) transfer fees from the Napa County Superior Court; and (2) the filing fee for the Santa Cruz County Superior Court. The clerk is directed to transmit to the clerk of the court in Santa Cruz County a certified or exemplified copy of this order, together with all papers in the proceeding ...

Excerpt: ...' Request for Judicial Notice is DENIED as to: the Motion to Impose Stay filed on January 8, 2019 in Bankruptcy Case Number 19‐10027, attached as Exhibit 10 to Defendants' Request; and, the Plaintiff's Ex Parte Application for Temporary Restraining Order and OSC re Preliminary Injunction; Declaration of Bruce Chadbourne; Declaration of Nicholas H. Van Parys, Esq., [Proposed] Order filed on July 23, 2019, attached as Exhibit 13 to the Request. N...

Excerpt: ....) The insurance policy provided replacement cost estimates for the property. (Id., ¶ 40.) Defendant was obligated to calculate the replacement cost by analyzing the costs to rebuild the structure in accordance with the expenses, estimates, and assumptions set forth in 10 CCR §§ 2695.183(a)(1)‐(a)(5), 2695.183(b)‐(e), 2695.183(g)(2), and 2695.183(k). (Id., ¶¶ 40‐43.) Defendant failed to disclose the analysis, calculations, and informat...

Excerpt: ... prevent the fight, they met that duty because they reasonably supervised students and acted reasonably to prevent the fight from occurring; (3) plaintiff's claim that the district negligently hired, supervised, and/or retained its employees is unsupported by evidence; (4) plaintiff's cause of action for intentional infliction of emotional distress against defendants fails because plaintiff has no evidence to support her claim that defendants exh...

Excerpt: ...rein. The Court takes judicial notice of the rejection of the Government Claim of Jonathan Chisham, attached as Exhibit B to the RJN. The Court takes judicial notice of the unverified complaint filed in the present matter, but not for the truth of the matters asserted therein. The notice of hearing on demurrer 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 P...

Excerpt: ...ted Berry's November 7, 2018 governmental tort claim (exhibit B) are the proper subject of judicial notice. Plus, defendant is asking the Court to take judicial notice of the facts contained within the exhibits, which the Court cannot do. As to exhibit B, there is no indication this was Berry's governmental tort claim. Defendant's demurrer to each cause of action on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly const...

Excerpt: ...requiring the continuance. (Ibid.) Defendant moves, to continue the trial date in this matter, pursuant to Rules of Court Rule 3.1332, subd. (c)(6), which provides that good cause may be shown by a party's “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” Defendant asserts that, despite her diligent efforts, Plaintiff: failed to timely reply to discovery; failed to disclose ongo...

Excerpt: ...hich he filed on October 3, 2019. The Court set the current hearing to review the plan. The Court noted the expedited schedule was due to the fact the winter rains are approaching and plaintiffs' access to their property is in serious jeopardy, and the parties had an opportunity to hammer out a plan before a prior continuance. The Court deferred ruling on the bond issue until the costs of any plan were known. Webb offers a two‐step plan based o...

Excerpt: ...e grounds stated in the notice of motion. (See Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125‐ 26.) The Notice of Defendant's Motion to Compel Discovery from Plaintiff is silent as to the grounds for the motion. It states simply that Defendants “will move the court for an order compelling discovery from Plaintiff…in accordance with Code of Civil Procedure section 2031.” (Notice at 2:4‐5.) There is no section 2031 in the California ...

Excerpt: ...endant'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. Upon noticed motion, the Court may strike any “irrelevant, false or improper matter inserted in any pleading.” (Code Civ. Proc. § 436, subd. (a).) Among these, the Court may strike...

Excerpt: ...efendant argues PG&E is an indispensable party to this action in that its absence will subject defendant to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations, and PG&E is an alleged active participant in whose absence complete relief cannot be afforded to the existing parties. The Court agrees. PG&E is a necessary party. (Code Civ. Proc., § 389.) Plaintiffs seek to hold defendant responsible for all damages ...

Excerpt: ...nder Code of Civil Procedure section 527.6. On September 15, 2017, the Court granted Hasty's motion to sever the equitable claims, including the sixth cause of action, from the legal claims. A court trial commenced on the third cause of action for declaratory relief and quiet title (Code of Civil Procedure sections 1060, 760.020, 761.020), fourth cause of action for abatement of private nuisance (Civil Code sections 3479, 3481, and 3501, and Code...

Excerpt: ...rd.” (Carehouse Convalescent Hosp. v. Super. Ct. (2006) 143 Cal.App.4th 1558, 1562.) However, the goodcause requirement for deposing an attorney applies when the deponent is “opposing counsel” in the litigation. (Spectra‐Physics, Inc. v. Super. Ct. (1988) 198 Cal.App.3d 1487, 1494‐95.) Blonien is not opposing counsel. It is apparent, as BVK demonstrates, that Blonien wears different hats beyond providing legal advice to the defendants. ...

Excerpt: ...ver defined portions of Cross‐Defendants' property. CrossDefendants here assert that each of these causes of action fails, as a matter of law, because Cross‐Complainants “are seeking relief through their Cross‐Complaint that would give them a prescriptive easement with exclusive use of the [subject areas of Cross‐Defendants' property].” (Support Memo. at 4:25‐26.) The party moving for summary judgment bears the burden of persuasion ...

Excerpt: ...counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Capital One's counsel is unable to contact Cross‐Complainant's counsel prior to the hearing, Capital One's counsel shall be available at the hearing, in person or by telephone, in the event Cross Complainant's counsel appears without following the procedures set forth in Local Rule 2.9. Capital One demurrers to the Cross‐Complaint on the ground that the single cause of a...