Excerpt: ...7, 2023, Plaintiff filed a Notice of Appeal ofthe Judgment. Nevertheless, the Court finds that it has jurisdiction to hear the present motion. (See Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 360 ["trial court 'retains jurisdiction to hear a motion for attorney fees despite an appeal'"].) "In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorn...

Excerpt: ... quashing service of the Complaint by Publication is MOOT. Defendant is granted 30 calendar days to file a pleading in response to the Complaint filed by Plaintiff on May 20, 2021. Defendant Jacob Mills moves for an order setting aside the entry of default and default judgment and further moves for an order quashing service of the Complaint by Publication. "The Motion to Set Aside Entry of Default and Default Judgment and Moton to Quash Service o...

Excerpt: ... or law which have come to light and were not able to be presented at the time of the making and hearing of the prior motion." (Notice of Motion at 1:24-2:3.) Movant brings the motion on grounds that, "there are new and different facts that have arisen, and such facts establish and confirm that there is ample good cause for the relief, and on the grounds that the Defendant would be severely prejudiced absent such relief, and Plaintiffs would suff...

Excerpt: ...in the form of a default judgment, against RLM and REYES; or, alternatively 2) imposing evidence, issue, and monetary sanctons pursuant to Cal. Civ. Proc. Code S (Notice at 2.) "This Motion is made pursuant to Code of Civil Procedure Cal. Civ. Proc. Code S 2023.010 on the grounds that RLM and REYES have willfully refused to respond to THIRD STREET's written discovery in defiance of this Court's Order of January 25, 2022 compelling RLM and REYES t...

Excerpt: ...s set forth in the Second Amended Complaint (SAC). Individual Defendants contend that each ofthe IIED and Wrongful Death Claims is barred by governmental immunity and workers' compensation exclusivity and because Plaintiff fails to allege facts sufficient to state a claim. (See Notice of Demurrer at 2:5-10.) This represents the Individual Defendants' third demurrer to these causes of action. The Court sustained each of the previous demurrers, as ...

Excerpt: ...ird Street's costs and attorney's fees incurred in prosecuting Syar's affirmative claims against Defendants RLM Construction Services, Inc. ("RLM") and Michael Reyes ("Reyes") and (2) all fees incurred in connection with the instant Motion. Specifically, Third Street requests that the Final Judgment be amended to reflect Third Street's entitlement to recover its attorney's fees in the amount of $83,032.00 and costs in the amount of $2,353.58. Thi...

Excerpt: ...iscussed below. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Duffy's Napa Valley Rehab, LLC (DNVR) demurs, pursuant to Code of Civil Procedure, section 430.010, to the First Cause of Action for Sexual Harassment / Violation of Unruh Act (Sexual Harassment Claim) , Fourth Cause of Action for Negligent Hiring, Retention, and Supervision (Negligent Hiring Claim), Fifth Cause of Action for Premises Liability, Sixt...

Excerpt: ... pursuant to Code of Civil Procedure sections 2025.410, 2025.420, and 2031.050, for an order staying AIGSlC's Person Most Knowledgeable ("PMK") deposition and quashing the deposition notice and a protective order prov-ding that AIGSIC need not sit for the deposition or produce documents in response to Plaintiffs' recent discovery requests. The motion is brought "on the grounds that allowing the depositions to proceed as noticed would subject Defe...

Excerpt: ... cause of action for Determination of Invalidity of Sixth Amendment to Miller Family Trust Based Upon Undue Influence (Civil Code section 1575) asserted against her through the Third Amended Petition and Complaint (TAPC) filed October 2, 2020. The moton is DENIED in all other respects. A. PRELIMINARY MATTERS Respondent, the trustee and a beneficiary of the Miller Family Trust (Trust), moves, pursuant to Cade of Civil Procedure section 437c, for s...

Excerpt: ... to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under ü)cal 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. Plaintiff Jack Wet...

Excerpt: ...to any of the Defendants; 2. Enjoins and restrains the Defendants, their agents, attorneys, or assigns from instituting any action or proceeding in any state or federal court against Jackson related to the life insurance policy or the policy proceeds; 3. Directs any party, person, or entity to whom any portion of the proceeds with the Court is eventually disbursed to (1) advise Jackson's counsel of record of the amount, and (2) provide Jackson's ...

Excerpt: ...ument 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 present at the hearing. [2] ANDREW TUCK BECKSTOFFER'S MOTION FOR RELIEF FROM FEBRUARY 24, 2023 ORDER AND FROM JULY 18, 2023 ORDER TENTATIVE RULING: The request for relief from the February ...

Excerpt: .... "The Cross-complaint in Intervention asserts three causes of action: 1) Due Process Violation of the Fourteenth Amendment of the U.S. Constitution and California Consttution - Cal. Const. Art. 1, S 7, U.S. Const„ l, XIV, 42 U.S.C. S 1983; 2) Declaratory Relief; and 3) Violation of Equal Protection Clauses of California and U.S. Constitution - Cal. Const. art 1, S 7, 42 U.S.C. S 1983." (Notice at 1.) A. Mandatory Intervention is Denied Because...

Excerpt: ...9. The moving party is therefore 1 All subsequent statutory references herein are to the Government Code unless otherwise noted. directed to immediately prov-de, 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 represent...

Excerpt: ...t Allegations) from Plaintiff's Second Amended Complaint (SAC) on grounds that the allegations are irrelevant, false or improper, "including allegations which are at variance with prior factual allegations and incorporated documents contained in earlier pleadings...." (Notice of Motion at 2:23-28.) Defendants clarify the nature of the motion through their Memorandum filed in support thereof (Support Memo). "This Motion to Strike is addressed to t...

Excerpt: ...Case No. 21CV000226 ('226 FAC). Defendant requests entry of judgment, with leave to amend, on grounds that: (a) Plaintiffs each failed to allege valid standing under the applicable wrongful death statute; and (b) the subject "complaints fail to state facts sufficient to constitute a wrongful death cause of action against defendant for loss of filial consortium (parent's loss of a child) damages." (Notice of Motion 2:4-14.) A. LEGAL BACKGROUND A m...

Excerpt: ... ordered to meet and confer regarding mutually agreeable trial dates and be prepared to discuss these dates with the Court at the hearing. Plaintiffs Eugene and Joan Traverso ("Plaintiffs") move, pursuant to Rule 3.1332 of the California Rules of Court, to contnue the November 13, 2023 trial in this matter for four months. Contrary to Plaintiffs' representation, "continuances of trials are disfavored." (Rules of Court, rule 3.1332, subd. (c).) "A...

Excerpt: ...0. Defendants are directed to provide notice of entry of order. Defendants M7 Wine Solutions, Inc. and Alexander Thomas Dolson (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 1987.1 and 2025.480, for an order directing non-party DPG Trucking Inc. ("DPG Trucking") to comply with two deposition subpoenas for production of business records issued by Defendants on or about June 2, 2023 and June 20, 2023 (collectively, ...

Excerpt: ...hich the attachment is based. [41 (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [q] (4) The amount to be secured by the attachment is greater than zero." (Code Civ. Proc. S 484.090, subd. "Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where th...

Excerpt: ...Plaintiffs and Defendants Okell Holdings, LLC, Jason Anderson, and Lisa Lawley ("Defendants") and embodied in the Binding Settlement Term Sheet and full-form Settlement Agreement and Release; (2) an order determining that proposed site #2 for the relocated shooting range is the site most consistent with the parties' settlement agreement; (3) an order directing that site #2 be incorporated into the parties' full form settlement agreement; (4) an o...

Excerpt: ... on August 16, 2023.1 Petitioner further requests an award of attorneys' fees, pursuant to Code of Civil Procedure section 1987.2, subdivision (a), in the amount of $2,160 on grounds that "any opposition to this motion is without substantial justification." (Notice of Moton at 2:10-13.) Through the Opposition, Respondent requests an award of attorneys' fees pursuant to the same authority. 1 All statutory references herein are to the Code of Civil...

Excerpt: ...ED with respectto Exhibit 81 to the AIG Coffin Declaration. The Court Clerk is directed to file under seal Exhibits 30, 57, 62, 67, 78, 79, and 87 to the AlG Coffin Declaration, Exhibit 4 to the AlG Kaminski Declaration, Exhibits 8 and Eto the Voronin Declaration, Exhibits 7, 8, 9, and 14 to the Arch Ridley Declaration, and Exhibits I(b) and I(c) to the Homeland Compendium. The Court Clerk is further directed to remove from conditional sealing an...

Excerpt: ...onomy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order ... that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." (Code Civ. Proc, S 598; see also S 1048, subd. (b).) "The alter ego doctrine is strictly limited by the demands of equity; it applies 'only in narrowly defined circumstances and only w...

Excerpt: ...division (a), for terminating sanctions against Plaintiff Maria RINlriguez, dismissing Plaintiff's claim with prejudice, on grounds that "Plaintiff repeatedly violated this Court's order compelling her to serve code-compliant discovery responses and to pay monetary sanctions; failed to prosecute or participate in the lawsuit; and failed to respond to any communication from this defendant related to to discovery, among other issues." (Notice of Mo...

Excerpt: ...IED. The Court orders the Clerk to STRIKE the First Amended Complaint filed on July 25, 2023 on the grounds that it was filed without leave of Court. (Code Civ. Proc, S 435, subd. (b).) Plaintiff is granted 5 Court days' leave to file the First Amended Complaint in substantially the same form as attached as Exhibit A to the Thomas Decl. Plaintiff Daniel Novella moves, pursuant to Code of Civil procedure section 473, subdivisions (a)(l) and (2), f...