Excerpt: ...les providing for electronic filing and service.” Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, Plaintiff has not filed a proof of service of the present motion to the Defendants in this action.4 Furthermore, Plaintiff failed to include a Notice of Motion stating the nature of the order sought and the grounds for such an order...

Excerpt: ...ocal 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 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 pres...

Excerpt: ...‐Defendant Finnuala Hanifan (“Finnuala”) moves for an order compelling Defendant and Cross‐Complainant Silverado Resort Investment Group, LLC dba Silverado Resort (“Silverado”) to produce Defendant and Cross‐Complainant Adrian Gonzalez's (“Gonzalez”) company cell phone. Finnuala further moves for sanctions in the amount of $2,100 pursuant to Code of Civil Procedure section 2023.010, subdivisions (d)‐(f). On July 15, 2022, Finn...

Excerpt: ...ursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on the 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. While the moving party includes an abstract reference to the Court's tentative ruling sy...

Excerpt: ...use of action for Common Counts on the ground that it is undisputed that Plaintiff provided various recycling landfill services between October 2015 and March 2021 and Defendant failed to pay for these services in the amount of $27,677.51. In the alternative, Plaintiff moves for summary adjudication of its cause of action and as to Defendant's four affirmative defenses on the ground that Defendant lacks evidence to support its affirmative defense...

Excerpt: ...ements. To clarify, the Court is not granting Peletta leave to present any additional evidence. The Wangs are granted leave to file, no later than October 27, 2022, a sur‐sur‐reply of no more than 3 pages addressing any issues raised in the sur‐reply. A. PROCEDURAL MATTERS Defendant and Cross‐Complainant Peter Peletta moves for summary adjudication of Plaintiffs' claims for easement by prescription, equitable easement, on his eighth affir...

Excerpt: ...37 and 46 and the Prayer, Paragraph 6, in their entirety. 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 ...

Excerpt: ...dy (collectively, “Defendants”) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (b) and (c), and 2031.300, subdivisions (b) and (c), for an order compelling Plaintiff Terry Francis to provide responses, without objections, to the Supplemental Interrogatories, Supplemental Requests for Production of Documents, Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set...

Excerpt: ...f Action in the SAC is for Breach of Contract/Specific Performance against Long. (SAC at 15:8‐9.) The Prayer for Relief requests “[s]pecific performance of the BVK Purchase Agreement.” (SAC, Prayer at ¶ 1.) Pursuant to the BVK Purchase Agreement, dated November 15, 2007, Long agreed to sell, assign, transfer and deliver to BVK, and BVK agreed to purchase from Long all of the right, title and interest of Long in and to all of the following ...

Excerpt: ...ith the requirements under Code of Civil Procedure section 1005, subdivision (b), and to file a proof of service required by Rules of Court, rule 3.1300, subdivision (c). Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) moves, pursuant to Code of Civil Procedure section 473, for an order vacating the judgment against Defendant Xavier Gonzalez (“Defendant”) and requests that the Court enter a dismissal without prejudice. Defendan...

Excerpt: ... Initial Moving Papers In an effort to avoid confusion, the Court begins with a brief discussion of the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed belo...

Excerpt: ...ial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) The bulk of the proposed changes are a host of novel factual allegations supporting a fraud claim, based on a cent...

Excerpt: ...expert disclosures are extended based on the new May 11, 2023 TMC date. Defendants Jack Neal & Son, Inc., Frank Brower Grant, Jr. and JNS, LLC (“Defendants”) move, pursuant to Rule 3.1332 of the California Rules of Court, to continue the October 31, 2022 trial and all current pretrial deadlines in this matter to May 2023 and to continue all pretrial deadlines. The moving party failed to include in the notice of this motion proper notice of th...

Excerpt: ...omplainants”) Requests for Production of Documents, Set One no later than 15 calendar days after notice of entry of the present order. Mr. Nguyen and his counsel are ordered to pay to Cross‐ Complainants, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the total amount of $4,413.75. Cross‐Complainants move, pursuant to Code of Civil Procedure section 2031.300, subdivisions (b) and (c)...

Excerpt: ...dgment or, in the alternative, summary adjudication of all five causes of action asserted against it in Plaintiff Frederick Just's (“Just” or “Plaintiff”) Complaint, based on 10 separately‐ enumerated grounds identified as Issues I‐X. (See, generally, Notice of Motion.) The Court rules on CalVet's evidentiary objections as follows: Objection Nos. 1‐3, 6: The respective subjects of these objections are not relevant to the Court's res...

Excerpt: ... A. Lawson (“Mr. Lawson”), as the managing member and Chief Executive Office of Defendant, for up to five days or, under Code of Civil Procedure section 1219, subdivision (a), until Defendant has complied with the Court's Order and paid all outstanding sanctions and penalties, and (3) an order awarding its attorney's fees and costs incurred in connection with this Motion in the amount of $3,337.50. The moving party failed to include in the no...

Excerpt: ...dant (“Judgment”). (Notice at 2‐3.) By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant's previous violations of the Judgment through and including January 31, 2022 to allow Defendant time to abate all prior violations by (1) obtaining any legally required permits from Napa County, (2) performing the required abatement work as set forth in the approved permits and in accordance with any conditions ...

Excerpt: ...nable costs to distribute payment to the Class once collected from the debtors; and (3) to clarify the timing of the payments to the Class now that the timing and amount of collection is reasonably certain to maximize efficiency.” (Ex Parte Application at 2:4‐9 (App.).) The relief sought requires Plaintiff to proceed by noticed motion. Plaintiff relies on Code of Civil Procedure, section 685.040 which provides that, “[a]ttorney's fees incur...

Excerpt: ...dgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 n...

Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ...subject matter. Plaintiff is directed to give Defendant notice of the continued hearing. 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 re...

Excerpt: ...o file and serve, no later than October 14, 2022, a supplemental opposition, of no more than 10 pages in length, addressing Petitioner's supplemental memorandum and/or issues raised herein below not raised through the supplemental memorandum. Petitioner is then granted leave to file and serve, no later than October 19, 2022, a supplemental reply brief, of no more than 5 pages in length responding to Respondent's arguments. Petitioner Service Empl...

Excerpt: ... novel allegations of the Proposed SAC, with cut‐off dates calculated pursuant to the Code of Civil Procedure based on the new trial date. Plaintiffs Frank Wang and Laura Young (collectively Wangs) move, pursuant to Code of Civil Procedure, sections 473, subdivision (a)(1), for leave to file a Second Amended Complaint in the form attached as Exhibit 1 to the Declaration of Anna St. John (Proposed SAC) for the purpose of “add[ing] or adjust[in...

Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...

Excerpt: ...rcises its discretion to consider Defendant's late‐filed Opposition, which, to the Court's best understanding, requests an evidentiary hearing on the motion and another continuance to allow time to prepare for an evidentiary hearing and to retain counsel. Defendant provides no authority, or showing of good cause, for either request. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without te...

Excerpt: ... negligence asserted in the Third Amended Complaint (“TAC”),4 on the ground that, under Sheen v. Wells Fargo Bank, N.A.. (2022) 12 Cal.5th 905, 915 reh'g denied 2022 Cal. LEXIS 2930 (Cal. June 1, 2022) (“Sheen”), Chase owes no duty of care to Plaintiffs as a matter of law and cannot be held liable for negligence. 4 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on Sep...

Excerpt: ... 2:3‐6.) Through the Petition, Petitioner contends that “DMV abused its discretion and illegally withdrew Petitioner's driving privilege after her administrative interview appointment when Petitioner demonstrated, through her testimony, that she was not a negligent operator of her vehicle and has no physical or mental conditions which affect her ability to safely drive. The withdrawal of Petitioner's driving privilege is not supported by the ...

Excerpt: ...CEDURAL MATTERS 1. Initial Moving Papers In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a decl...

Excerpt: ...iant verification as to all of its Special Interrogatory Responses no later than 15 calendar days after notice of entry of the present order. Plaintiff moves, pursuant to the Code of Civil Procedure, sections 2030.300, subdivision (a), for an order compelling Defendant EVIG, LLC to produce further responses to Plaintiff's Special Interrogatories, Set One (Subject Discovery) on grounds that Defendant's objections are without merit or too general, ...

Excerpt: ...plaint. 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 continuance ...

Excerpt: ...rtgage 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 all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amended Complaint (“FAC”) filed on June 13, 2022 against Movants and Law Office of Les Zieve (collectively, “Defendants”). The demu...

Excerpt: ...n 15 calendar days after notice of entry of the present ruling, sanctions in the amount of $772.50 to Defendant, care of his attorney of record. Defendant Marco Hernandez Peralta moves, pursuant to Code of Civil Procedure, section 2030.290, for an order compelling Plaintiff Elijahnick Brown to provide full and complete verified responses, without objections, to form interrogatories, special interrogatories and requests for production of documents...

Excerpt: ...�� is in good faith.2 The motion is opposed by Defendant Michael Buchanan (Buchanan). “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors....” (§ 877.6, subd. (a)(1).) Importantly, the par...

Excerpt: ...rank J. Ballentine Irrevocable 2012 Trust dated May 11, 2012 (“Respondent”) moves, pursuant to Code of Civil Procedure2 sections 2023.010 et seq., 2030.290, 2031.310, 2031.320 and 2033.290, for an order compelling Petitioner William V. Ballentine Jr. (“Petitioner”) to further respond, under oath, and produce all responsive documents and a privilege log, to the Respondent's Form Interrogatories – General, Set One, Nos. 8.1, 8.8, 9.1, 9.2...

Excerpt: ...a monetary sanction to Plaintiff in the sum of $1,060. 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 bel...

Excerpt: ...est oral argument on the below tentative ruling, a copy of which was emailed to the parties on August 25, 2022. Defendant City of Napa requested oral argument. As such, the parties shall appear for oral argument. TENTATIVE RULING: The Motion is DENIED. I. PROCEDURAL MATTERS Defendant City of Napa (“City”) moves, pursuant to Code of Civil Procedure section 437c, for summary judgment, or in the alternative, summary adjudication of the single ca...

Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...

Excerpt: ...hellpoint”) and the Bank 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 all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amen...

Excerpt: ...es for an order awarding attorney fees in the amount of $4,800.00 incurred in bringing this Demurrer, plus additional fees to be added upon the filing of a Reply, plus filing fees.” (Notice of Hearing at 2:7‐9.) 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 cross‐complaint has been filed may object, by demurrer or answer as provid...

Excerpt: ...ocal 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. By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant Cliff Reno's previous violations of the October 16, 2018 judgment (“Judgment”) ...

Excerpt: ...Hogins, together, “Cross‐Defendants”) move, pursuant to Code of Civil Procedure1 section 425.16, subdivision (a), 474, and 576, for an order striking “the allegations in Paragraph 13 of the First Amended Cross‐Complaint (“FACC”), the Fifth and Sixth Causes of Action for Defamation and Intentional Interference with Economic Relations, respectively, and Paragraph 62 in the Eighth Cause of Action referring to ‘defamatory, misleading,...

Excerpt: ...uly 21, 2022, Mr. Le declared that he “lives in southern California and reserved an Airbnb for three weeks starting July 27 in anticipation of the trial. Because of the trial continuance and unknown trial date, the Airbnb reservation was cancelled last minute, and Defendant's counsel received partial refund; still having to pay the remaining balance in the amount of $1,892.” (Declaration of Cang N. Le (“Le Decl.”) ¶ 4.) Mr. Le provided a...

Excerpt: ... of action and as a result the present action violates the prohibition on splitting a cause of action among multiple suits. Lawson's request for Judicial Notice is GRANTED. The Court takes judicial notice of the February 16, 2022 order in the matter of Miller v. GVM Law LLP, et al., case number 17 20CV000283, and takes judicial notice of Plaintiff's Third Verified Complaint in the same action, but, as to the latter, not for the truth of the matte...

Excerpt: .... As such, the parties shall appear for oral argument. TENTATIVE RULING: In the First Supplemental Amended Complaint (“FAC”) filed by Plaintiffs John P. and Wanda E. McGill, individually and as trustees for the McGill Family Trust 2018 (“Plaintiffs”), the fifth cause of action asserts a claim for declaratory relief regarding maintenance of an easement. (Request for Judicial Notice (“RJN”), Exh A; Declaration of James Patrick (“Patri...

Excerpt: ...Civil Procedure sections 2025.480, 2031.310, 2031.310(h) and Evidence Code sections 911, 1060, 1016, and Civil Code section 3426.1, for an order enforcing the subpoena duces tecum (“Subpoena”) served on Key Health. Defendant further moves for monetary sanctions against Key Health pursuant to Code of Civil Procedure sections 2025.480(j), 2023.010, and 2031.310(h). The Court notes Defendant's counsel's supplemental declaration indicating that t...

Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ..., from notice of entry of the present order, to file an answer to the Second Amended Complaint (SAC). (Rules of Court, rule 3.1320, subd. (g).) The Clerk is directed to send notice unless waived at a hearing properly requested pursuant to Local Rule 2.9. 2 A. PROCEDURAL MATTERS The Notice of Motion indicates that Defendants Jannette Hall and Norcal Gold, Inc. demur to the SAC on the grounds that Plaintiff fails to allege facts therein sufficient ...

Excerpt: ...erlying labor arbitration and contain exclusively confidential, sensitive, and private information not disseminated to the public. (Notice of Motion at 2:11‐16.) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probabil...

Excerpt: ...der Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of 3 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 and Judgment Creditor Don Weil moves for an order to show cause re: contempt and for sanctions and attorneys' fees on the grounds that Defendant Matt Follner's i...

Excerpt: ...the Fifth Cause of Action for Reformation asserted in Plaintiff's FAC. The ground for the demurrer is that the FAC fails to state facts sufficient to constitute a cause of action. 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 for...

Excerpt: ...ocal 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 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 pres...

Excerpt: ...e Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than August 30, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 6, 2022. Plaintiff is directed to serve and file, no later than August 30, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing the additional me...

Excerpt: ... judgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 missin...

Excerpt: ...o compel. Plaintiffs cite Civil Code section 1717 as authority for their motion. Plaintiffs acknowledge that section 1717 provides: “In any action on contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...

Excerpt: ...negligence cause of action in the Third Amended Complaint (“TAC”), 1 as discussed more fully below. 1 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on September 22, 2017, along with the First Amendment thereto filed on January 21, 2022. 4 Chase moves, pursuant to Code of Civil Procedure section 438, subd. (c)(1)(B)(ii), for an order granting judgment on the pleadings in ...

Excerpt: ...tunity to conduct discovery and investigate its claims. MKB's motion is made on, essentially, the same grounds asserted in support of its motion for leave to file a cross‐complaint against Reyes, namely that, “MKB only recently learned of the Elmin's scope of work and its direct involvement...[and as a result] MKB was unaware of Elmin [sic] crucial role as potential joint tortfeasor until this late stage...[and] [n]o party will be prejudiced ...

Excerpt: ...urt, rule 3.1345, subdivision (c), no later than August 23, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 1, 2022. Plaintiff is directed to serve and file, no later than August 23, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing such meet and confer efforts. Defendant is invited to fi...

Excerpt: ... Sheriff's Office and the Napa County District Attorney's Office (collectively, “Subpoenas”) by Defendants. The Motion is brought “on the basis that no ‘notice to the consumer' within the meaning of California Code of Civil Procedure section 2020.410, subdivision (d), was issued or served as to Plaintiffs as required under California Code of Civil Procedure1 sections 1985.3, subdivision (e), and 1985.4.” (Notice at 2.) A notice to consu...

Excerpt: ...te Order of that date, the Court continued the matter and invited Plaintiff to file an additional brief providing the Court with authority by which the Court could grant the motion, and further urged Defendant to file “at any time prior to the hearing, any materials that might inform the Court of his desires regarding the subject matter.” No party has filed any papers from or after June 27, 2022. 23 Defendant has not made an appearance in the...

Excerpt: ...at date, the Court continued the matter and directed Defendant to provide sufficient notice to Plaintiff by serving the moving papers, as revised to reflect the continued hearing date, on Plaintiff's counsel. 12 The matter came on for a continued hearing on June 24, 2022. The Tentative Ruling advised Defendant that the Court was unable to determine whether Defendant served on Plaintiff the moving papers with the revised hearing date. The Tentativ...

Excerpt: ...unds for the motion are that Plaintiff cannot establish the necessary elements of dangerous condition or causation under Government Code section 835. II. LEGAL STANDARDS A. Motion for Summary Judgment or, in the Alternative, Summary Adjudication “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, s...

Excerpt: ...CEDURAL MATTERS In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed below. ...

Excerpt: ...S PROCEDURAL OBJECTION TO DEMURRER In opposition, Plaintiff objects on the ground that Defendant's pleading fails to specify the grounds for the demurrer. “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross‐complaint, or answer are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc., § 430.60; Rules of Court, rule 3.1320, subd. (a) [“Each ground of demurrer must be in a...

Excerpt: ...include the notice of that system explicitly 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 belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receiv...

Excerpt: ...e to amend. (Rules of Court, rule 3.1320, subd. (g).) I. PROCEDURAL MATTERS Defendants Arthur J. Gallagher & Co. (“AJG”) and Dina Smith (“Smith”) (collectively, the “Broker Defendants”) demurrer, pursuant to Code of Civil Procedure section 430.10, subd. (e), to the eighth and ninth causes of action asserted against them in the Complaint filed by Plaintiff Spring Mountain Vineyards, Inc. (“SMV”) on March 11, 2022 (“Complaint”)....

Excerpt: .... A. Procedural Matters The Court did not rely on paragraph 3 of the Declaration of John Michael Galloway in its analysis of the issues presented. As a result, Plaintiff's evidentiary objection is MOOT. B. Legal Analysis “At any time after notice of pendency of action has been recorded, any party...may apply to the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.1 ) Such motion may be made on one or mo...

Excerpt: ...subject questions is not properly before the Court, as there is no failure to answer specific follow‐up questions at this juncture. On that ground, Plaintiff's request is DENIED. Finally, Plaintiff's alternative request that the Court deny Defendant's motion for summary judgment pursuant to Code of Civil Procedure section 437c, subd. (h), is premature, as Defendant's motion is not presently before the Court. On that ground, this requested relie...

Excerpt: ... further responses to Plaintiff's First Set of Demands for Document Production on three grounds: (1) Defendant failed to identify the specific requests which correspond to the documents produced, in violation of Code of Civil Procedure, section 2031.280, subdivision (a); (2) Defendant's representation of inability to comply is inadequate, incomplete and/or evasive and Defendant's other objections are without merit or too general; and (3) Defendan...

Excerpt: ...tentative ruling system as required by Local Rule 2.9. MKB 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, regardle...

Excerpt: ...d, and Plaintiffs on the other – is in good faith. “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found li...

Excerpt: ...orneys' fees incurred in bringing the motion. This is substantially the same motion brought by Plaintiff on April 19, 2022. The Court denied the April 19, 2022 motion, without prejudice, because Plaintiff had failed to served Defendant's counsel of record, Buchalter. Despite the Court's ruling on the April 19, 2022, the proof of service of Plaintiff's instant motion indicates that Plaintiff provided notice only to Defendant and not Defendant's at...

Excerpt: ...to the settlement over which SLF seeks a determination. The notice of motion indicates the settlement is with Plaintiffs. (See Notice of Motion at 1:27‐2:2.) SLF even suggests that no other party to the litigation is a party to the subject settlement agreement. (See id. at 2:16‐19.) However, and of apparent importance to SLF, it further appears that Plaintiffs assert no claim in this action against SLF. (See First Amended Complaint.) Rather, ...

Excerpt: ...ion (b). Defendant is granted 30 days to post a bond compliant with section 917.1, subdivision (b). So long as Defendant complies herewith, enforcement of Plaintiff's attorneys' fee award is stayed pending resolution of the appeal. A. PROCEDURAL MATTERS Defendant Stone Brewing Co. LLC (“Stone”) moves, pursuant to Code of Civil Procedure sections 916(a) and 917.1(d), for an order enforcing an automatic stay of Plaintiff West Pueblo Partners, L...

Excerpt: ...ct. Plaintiff argues for such relief, in essence, on the grounds that Defendant had a defense to the claims set forth in the Complaint. Specifically, Plaintiff filed this action for breach of a credit cardholder's agreement and prayed for money judgment in the amount of $6,458.45. (See Complaint.) 3 Plaintiff now argues that, in 2011, at the time the action was filed, Defendant had filed a fraud claim with Plaintiff regarding the subject credit c...

Excerpt: ...AMEND. Defendant's special demurrer for uncertainty and general demurrer on the first and fourth causes of action are OVERRULED. Plaintiffs are granted 10 days' leave to file and serve an amended complaint conforming to this ruling. (See Rules of Court, rule 3.1320, subd. (g).) Defendant is directed to provide notice. I. PROCEDURAL MATTERS Defendant Ioana Anca Bina M.D. (“Dr. Bina”) demurs, pursuant to Code of Civil Procedure section 430.10, ...

Excerpt: ...ded by two deposition subpoenas for production of business records served on third‐party Wells Fargo Advisors by Petitioner Duncan Mackenzie Miller. Respondents so move on the grounds that: (1) each subpoena seeks documents that contain privileged and confidential financial information protected from disclosure under the California Constitution which information is not directly relevant to a cause of action or defense in the action; (2) the sub...

Excerpt: ...e following grounds: “(1) Trial counsel for Defendants is unavailable due to conflicts that have arisen which could not be anticipated; (2) Defendants have been unable to obtain crucial evidence, despite Defendants' diligent efforts; (3) no parties or witnesses will be prejudiced by this continuance; (4) the requested continuance would free up the court's docket at time when courtrooms and other court resources are strained by the backlog of ci...

Excerpt: ... the motion,” and based on their attorney's affidavit of fault. The Court is without jurisdiction to consider the motion on two separate grounds. First, there is no proof of service of the moving papers on any of the Defendants. “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. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Because th...

Excerpt: ...his ruling. (See Rules of Court, rule 3.1320, subd. (g).) Cross‐ Defendant is directed to provide notice. I. PROCEDURAL MATTERS Cross‐Defendant Thang Nguyen (“Nguyen”) demurs, pursuant to Code of Civil Procedure section 430.10, to the seven causes of action asserted against him in Defendants / Cross‐Complainants' Kieu Hoang (“Hoang”), Kieu Hoang Winery, LLC (“KH Winery”), and RAAS Nutritionals, LLC (“RAAS”) (collectively, �...

Excerpt: ...the lodged record to the moving party. (Ibid.) Plaintiff Great American Insurance Company (“Great American”) and Defendants Calistoga Ranch Club, Jack Baker, Jill Beckett‐Hill, Amy Brandt, Carter Gilman, Daniel Schor, Stephanie Steele, and Andrew Weprin (“Defendants”) jointly move, pursuant to Rules 2.550 and 2.551 of the Rules of Court, for an order sealing three pleadings, and one exhibit attached thereto, which were filed in arbitrat...

Excerpt: ...g, the motion is GRANTED WITHOUT LEAVE TO AMEND. A. PROCEDURAL MATTERS Defendant Bank of the West moves, pursuant to Code of Civil Procedure, section 438, for an order granting judgment on the pleadings on Plaintiff Gazarrie Phillip's First (and only) cause 3 of action for failure to pay sick pay at the regular rate on the grounds that there is no private right of action pursuant to California Labor Code section 246, upon which Plaintiff bases he...

Excerpt: ...order” and requests an order declaring that Plaintiff 6 In light of this clarification, Plaintiff's argument in opposition regarding the ex parte application is moot. (Opposition, ¶¶ 1‐2.) 7 All statutory references herein are to the Code of Civil Procedure unless otherwise noted. 8 need not “answer” Respondent David Zuckerman's Special Interrogatories, Set Two, Suzanne Reagan's Special Interrogatories, Set Two, and John Reagan's Specia...

Excerpt: ... 12, 2022 order was not served on Plaintiff until the May 25, 2022 Case Management Conference. Pursuant to the May 25, 2022 Minute Order, “Mr. Berry accept[ed] the copy of the ruling 3 special motions to strike filed by Defendants Pope Valley Union Elementary School District (“District”) and Napa County Office of Education (“NCOE”). The District opposes the motion, and NCOE joins in the District's opposition. As to the first ground for ...

Excerpt: ...ursuant to Code of Civil Procedure section 473, subdivision (b), for an order setting aside the default on the grounds that the default was due to her inadvertence, surprise, mistake and excusable neglect and that Judith twice attempted to file a response to the complaint by certified mail. (Notice, at 1.) The Court preliminarily notes that Plaintiff's opposition filed and served on June 17, 2022 was filed two days after the statutorily prescribe...

Excerpt: ...ted to provide sufficient notice to [Plaintiff]1 . . . by serving the moving papers, as revised to reflect the continued hearing date [(June 24, 2022)], on Plaintiff's counsel by no later than May 27, 2022.” (Minute Order dated May 13, 2022.) On May 26, 2022, Defendant filed a Proof of Service on Plaintiff; however, the Court is unable to determine whether or not Defendant revised the hearing date for the motion from May 13, 2022 to June 24, 20...

Excerpt: ...aintiff Mariela Zavala De Marcelo to serve responses to Longwood's First Set of Special Interrogatories and Requests for Production of Documents and Jacques' First Set of Special Interrogatories and Requests for Production of Documents (Subject Discovery). Defendants further move for an order requiring Plaintiff and his counsel of record Mark Basil Pappas to pay monetary sanctions in the amount of $1,215. 3 The moving party failed to include in t...

Excerpt: ...omplainant V2 Wine Group, LLC's (V2) fifth cause of action for intentional interference with existing contract on the grounds that V2 is unable to produce evidence of any of the following: (1) that Pacific had, at the time of the alleged breach, knowledge of the contract provision that was allegedly breached; (2) 2 that Pacific committed any intentional act designed to induce the alleged breach; or (3) that any alleged breach was caused by any ac...

Excerpt: ...to give Defendant notice of the continued hearing. 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...

Excerpt: ...not alleged facts sufficient to constitute a defense.1 A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) “In addition to the facts pleaded, we may consider matters that may be judicially noticed, inclu...

Excerpt: ... objection to Exhibit Z of the Declaration of James Vorhis (Vorhis Decl.) is OVERRULED as no grounds are asserted in support thereof. The objection to the quoted portion of paragraph 2 of the Declaration of Kevin Berofsky (Berofsky Decl.) is SUSTAINED on grounds it lacks foundation and is speculative. The objections to paragraphs 3 and 4 of the Berofsky Decl. are OVERRULED. The remainder of Defendants' objections are MOOT as none of the evidence ...

Excerpt: ...Development, LLC (“Third Street”), as assignee and substituted party for Plaintiff Syar Concrete, LLC (“Syar”) (collectively, “Plaintiff”),1 moves, pursuant to Code of Civil Procedure section 437c, for summary judgment against Defendants Atlantic Specialty Insurance Company (“Atlantic”),2 RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”). RLM and Reyes are hereinafter collectively referred to as “Defend...

Excerpt: ...he remaining six actions, listed below, is DENIED. 10 Ledcor moves, pursuant to Code of Civil Procedure section 877.6, subdivision (a)(1), for an order determining that the settlement agreement between Ledcor and non‐party Galleron Properties, LLC (“Galleron”) is entered into in good faith. Ledcor further moves, pursuant to Rules of Court, rule 3.1382, for dismissal of the following actions, which Ledcor represents have been resolved by the...

Excerpt: ...OCEDURAL MATTERS Defendants Gracy Towing, Samuel Gracy, and Orilea Gracy (collectively Defendants) demur, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), to the Second and Fourth causes of action asserted against them through the Amended Complaint on the grounds that each cause of action fails to allege facts sufficient to state a good cause of action and that each is uncertain. The moving party failed to include in ...

Excerpt: ...motion for summary judgment MOOT. [3] RICHARD J. PARENT M.D. AND ADVENTIST HEALTH CALIFORNIA MEDICAL GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motion is GRANTED IN PART. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to the first cause of action for negligence, second cause of action for medical battery and third cause o...

Excerpt: ...as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court and, “will not be disturbed on appeal absent a clear showing of abuse.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) However, “[i]f the motion to amend is timely made and the granting of the motion will not prejud...

Excerpt: ...ein, the preliminary question is whether the parties have, in fact, stipulated and agreed as to which of the specific defect‐claims are (a) released by the parties' Settlement Agreement (pursuant to the Court's May 4, 2022 Order adopting the Special Master's recommendations); which are (b) potentially valid warranty claims properly made during the warranty period; and which are (c) claims made outside of (after the expiration of) the warranty p...

Excerpt: ...s Motion for Summary Judgment; (2) Merryvale's Separate Statement; (3) (respective) Declarations of Jim Vorhis and Rene Schlatter; (4) Defendants' Opposition to 4 Pacific's Motion for Summary Judgment; (5) Declaration of Noel S. Cohen in Support of Opposition; (6) Defendants' Response to Separate Statement (collectively, the Subject Records). “Unless confidentiality is required by law, court records are presumed to be open.” (Rules of Court, ...

Excerpt: ...at date, filed May 19, 2022 (May 11 Minute Order), the Court explicitly advised Plaintiff and Plaintiff's counsel that the Court was prepared to grant the motion for terminating sanctions unless Plaintiff appeared and adequately explained her failure to honor her discovery obligations and to comply with the Court's orders. Adventist Health collectively move, pursuant to Code of Civil Procedure, section 2023.030, for an order dismissing the action...

Excerpt: ...ase being “buried” in the Court's file management system. Plaintiff Mary Beth West moves, pursuant to Code of Civil Procedure section 473, subdivision (a)(1) and section 576, for an order granting her leave to file a Second Amended Complaint. The Court may, “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ....

Excerpt: ... and 576, for an order granting leave to file a first amended cross‐complaint. The proposed first amended cross‐complaint names two additional cross‐defendants: (1) Pamela Hogin, the owner of Plaintiff and Cross‐Defendant Napa Valley Insurance Services, LLC (“NVIS”), and (2) Michael Hogin, the husband of Pamela and a management employee of NVIS. Pamela Hogin and Michael Hogin are collectively referred to hereinafter as the “Hogins.�...