Excerpt: ...iffs are ordered to pay to Defendants, care of their attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of $430. Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, “Defendants”) move, pursuant to “the Civil Discovery Act,” for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, “Plaintiffs”) to (1) deem admitted the truth of facts to Defendants' Req...

Excerpt: ...55 Pickett Road, Calistoga, California (“Property”) that is the subject of the dispute between the parties (“subject hillside”). Hundred Acre is ordered to maintain and preserve existing vegetation on the subject hillside; if not already accomplished, to, within no more than 15 days of the date of this Order, install (a) fiber rolls at the top and toe of the subject hillside and across the face of the subject hillside at intervals no grea...

Excerpt: ...ting it leave to file a Complaint in Intervention. Galleron's proposed complaint asserts both direct claims by Galleron against Defendant Todd R. Code dba Strata Landscape Architecture (“Strata”) and claims as assignee of Plaintiff Ledcor Builders Inc. (“Ledcor”). The direct claims against Strata are for negligence and breach of contract. (Declaration of Matthew A. Richards (“Richards Decl.”) ¶ 11, Exh. 1 (¶ 42-55).) The moving part...

Excerpt: ...IONS TENTATIVE RULING: The motion is GRANTED IN PART. Defendant and attorney Kurt Harris are ordered to jointly pay additional monetary sanctions in the amount of $3,410, to Plaintiff, no later than 10 calendar days after notice of entry of the present order. As noted in the Court's January 4, 2022 Order Granting, in Part, Plaintiff's Motion to Compel Further Responses to Special Interrogatories and to Compel Answers to Deposition Questions and f...

Excerpt: ...Minute Order.) On February 6, 2023, at 1:08 p.m., Defendants filed a declaration stating that the Court set an abbreviated briefing schedule for the motion on January 27, 2023, that Defendant had not received Plaintiff's moving papers which were due by February 2, 2023, and, therefore, the motion should be denied. On February 6, 2023, at 4:47 p.m., Plaintiff filed additional briefing. The Court notes that the grounds for Plaintiff's motion, and e...

Excerpt: ...”), and Calistoga Ranch Club (collectively, “Plaintiffs”) move for judgment on the pleadings with respect to Defendants and Cross-Complainants AIG Specialty Insurance Company (“AIG”), Arch Specialty Insurance Company (“Arch”), Landmark American Insurance Company (“Landmark”), Homeland Insurance Company of New York (“Homeland”), and Interstate Fire & Casualty Company's (“Interstate”) (collectively, “Insurers”) two cau...

Excerpt: ...low further briefing as discussed herein. Plaintiffs Auberge Resorts LLC (“Auberge”), Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling further responses to Plaintiffs' Requests for Production of Documents and Tangible Things, Set One, to Defendants AIG Specialty Insurance Company (“AIG”), A...

Excerpt: ...s RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”) (collectively, “Defendants”). Third Street's Request for Judicial Notice of the court records (Exhibits 1-7) is GRANTED. Defendants' Request for Judicial Notice of corporate documents (Exhibits A-F) is DENIED on the grounds that none of the subject documents are relevant to the Court's resolution of the issues raised by the present motion. B. Parties' Contentions Th...

Excerpt: ...thout reasonable cause and without a good faith belief that there was a justifiable controversy against the City on the grounds that the City is entitled to its defense fees and costs because Plaintiff pursued a frivolous action against it.” (Notice at 1.) Plaintiff Savannah Ritter (“Plaintiff”) filed an opposition on December 15, 2022. The Proof of Service indicates it was timely served on the City on December 14, 2022; however, the City i...

Excerpt: ... 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 receive the required notice, regardless of whether or not movi...

Excerpt: ... of record are ordered to pay to Plaintiff, care of her counsel of record, no later than February 13, 2023, monetary sanctions in the amount of $2,660. The Court takes Plaintiff's request for issue sanctions under submission and CONTINUES this narrow aspect of the matter to March 3, 2023, at 8:30 a.m. in Dept. B. Plaintiff is granted leave file and serve, no later than February 21, 2023, a supplemental memorandum in support of the motion, of no m...

Excerpt: ... present ruling, to amend the Complaint to: 1) state a claim entitling them to the requested judicial decree, and 2) strike the word “may” from paragraph 21. 23 I. PROCEDURAL MATTERS Defendants Sheila Loewenstern and Norman Loewenstern demur to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. Defendants' Request for Judicial Notice is DENIED in its entirety...

Excerpt: ...rder and Defendants thereafter deny or delay coverage. A. Procedural Matters Defendants Hallmark Specialty Insurance Company (“Hallmark”), Western World Insurance Company (“Western World”), and AXIS Surplus Insurance Company (“AXIS”) (collectively, “Moving Defendants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the Second Amended Complaint (“SAC”) filed by Plaintiff Spring Mountain Vineyards...

Excerpt: ...t to constitute a defense as required by [Code of Civil Procedure section] 430, subdivision (a), misstates facts or asserts an inapplicable defense.” (Notice at 1‐2.) As an initial matter, the Court notes that Code of Civil Procedure section 430 was repealed in 1972. That said, Plaintiff provides the applicable statutory grounds for her demurrer in her support memorandum. (See Support Memo at 1:19‐21, citing Code Civ. Proc., § 430.20.) The...

Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...

Excerpt: ...h the Complaint are based on acts by Defendants in furtherance of their free speech rights and are therefore subject to a special motion to strike. In making the following ruling, the Court did not rely on any of the portions of the Declaration of John S. Rueppel that are the subject of Defendants' evidentiary objections and on that basis, the objections are MOOT. “The special motion to strike established in section 425.16 may be used to attack...

Excerpt: ...ex parte application seeking an order to, among other relief, continue the deadline by which Plaintiffs were required to file the FAC. The matter came on ex parte on August 23, 2022, with Micheal A. Thompson appearing on behalf of Plaintiffs and Nathaniel Bigger appearing on behalf of Defendants. (See August 23, 2022 Minute Order (8/23 M.O.). The 8/23 M.O. states, “Counsel advised the Court that they had entered into a Stipulation as follows:.....

Excerpt: ...tiffs failed to allege facts sufficient to establish that either Jamcan or AC I enjoy standing to 6 maintain their claims and on the further grounds that the allegations of the first cause of action are fatally uncertain. While the moving party includes an abstract reference to the Court's tentative ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The moving part...

Excerpt: ...2033.290, for an order compelling Cross‐Defendant Albert Czap to serve further verified responses, without objections, to Form Interrogatory Nos. 2.11, 12.4, 13.1, and 17.1 and Request for Admissions Nos. 1‐3, 9‐10, 13‐16, and 21‐26 on the grounds that Czap “has failed, without justification, to serve proper responses to these Discovery Requests.”1 (Notice of Motion at 2:4‐8, 11‐13.) Wang also moves, pursuant to sections 2023.01...

Excerpt: ...lfth, Thirteenth, Sixteenth, and Seventeenth Causes of Action in the Second Amended Complaint (“SAC”) filed by Plaintiff Genevieve Walsh (“Plaintiff”). 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 requirem...

Excerpt: ...oes not state facts sufficient to constitute a cause of action because it is untimely under Probate Code section 9100. 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 L...

Excerpt: ...llegations of the Cross‐Complaint, and should be stricken.” (Notice of Motion at 2:4‐12.) The Court lacks jurisdiction to hear the matter. “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. 3 Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers ...

Excerpt: ...ubject requests for production of documents is GRANTED. Doricko is ordered to produce responses to Ivanov's Request for Production of Documents, Set Two, without objections, no later than 10 calendar days from the date of notice of entry of the present order. Plaintiff withdrew the request for sanctions through the Reply Brief filed January 20, 2023. The moving party failed to include in the notice of this motion proper notice of the Court's tent...

Excerpt: ...e Subject Discovery are deemed waived. Plaintiff is also deemed to have waived his right to produce documents in lieu of responses to the subject interrogatories. 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 forthw...

Excerpt: ...�Defendants”)1 move for summary adjudication of the first cause of action for reformation and second cause of action for usury asserted in the Second Amended Cross‐Complaint (“SAXC”) filed by Kieu Hoang, Kieu Hoang Winery, LLC, and RAAS Nutritionals, LLC (collectively, “Cross‐Complainants”) on August 19, 2022. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as requ...

Excerpt: ...filed by Plaintiff Nimer Ibrahim Shiheiber (“Plaintiff”) pursuant to Code of Civil Procedure section 430.10, subdivision (e), 430.030, subdivision (a), and 430.50, subdivision (a) and Rules of Court, rule 3.1320. 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 mis...

Excerpt: ...purposes the Court does not permit operative pleadings to be filed in the form of exhibits to other documents. 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 u...

Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to the 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 r...

Excerpt: ... consolidation will avoid unnecessary costs and delay. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc, § 1048, subd. (a).) The Court finds from a rev...

Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...

Excerpt: ...ephone 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 present at the hearing. “At any time after notice of pendency of action ...

Excerpt: ...�Defendants”). 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 con...

Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...

Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...

Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH 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: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Rules of Cour...

Excerpt: ...t Finnuala Hanifan (“Finnuala”) moves, pursuant to Code of Civil Procedure section 2032.650, subdivision (c), for monetary sanctions in the amount of $2,500 and an evidentiary sanction to exclude Defendants' IME expert, Dr. David Masur, from testifying at trial for failing to produce his report and tests pursuant to the Court's December 12, 2022 order. “If a party then fails to obey an order compelling delivery of medical reports, the court...

Excerpt: ...r an order to continue the trial date from March 2023 to June 2023. The motion is made on the grounds that Defendant Gene Webb's (“Defendant”) dispositive motion is untimely, Plaintiffs need to conduct discovery after the hearing date for the dispositive motion, and the current trial date takes place during the height of the Napa rainy season, so all damages and conditions may not be known at the time of a March trial. “A party seeking a co...

Excerpt: ...ive damages” from the caption on page 1 and in paragraphs 10(f), 11(g) and 14(a)(2) on page 3; 2. “Accordingly, defendant Wright acted with malice and conscious disregard for the safety of others. Defendant's conduct warrants an award of punitive or exemplary damages” from paragraph EX‐2 on page 5; and 3. “The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10” from paragraph EX‐3 ...

Excerpt: ...k 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 the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...

Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...

Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...

Excerpt: ...ianni (collectively, “Defendants”) move for summary judgment in their favor and against plaintiff Savannah Ritter (“Plaintiff”) on the grounds that (1) Defendants did not own or control the tree or sidewalk adjacent to the property where Plaintiff was injured and had no duty to third persons for injuries occurring on the sidewalk, (2) Defendants did not cause or create any condition of the tree that caused it to fall, allegedly injuring P...

Excerpt: ...n (“Plaintiff”) cannot (1) establish the necessary elements for liability under Government Code section 835, and (2) maintain a negligence cause of action against the City, as 2 the Government Code section 835 is the exclusive means by which Plaintiff may pursue her claim against the City. As a preliminary matter, Plaintiff's First Amended Complaint (“FAC”) asserts three unlabeled causes of action, only one of which is against the City. W...

Excerpt: ...n grounds that it arises from Defendants' protected activities in connection with a public issue and lacks merit because it is based on activities that are immune from liability pursuant to the litigation privilege. Defendants move, in the alternative, for an order striking specific language in the fourth cause of action on the same grounds. Defendants also seek an award of costs and attorneys' fees incurred in bringing the motion. “The special...

Excerpt: ...uirements including those set forth in Code of Civil Procedure sections 2031.210, et seq. Defendant is further ordered to produce all responsive documents in his possession, custody, or control, no later than 30 days from notice of entry of the present order. Finally, Defendant and his counsel of record are ordered to pay to Plaintiffs care of their attorney of record in this action, within 15 days of notice of entry of the present order, monetar...

Excerpt: ...0217(g) and 20250(k), for an order requiring compliance with six administrative subpoenas (five subpoenas ad testificandum and one subpoenas duces tecum) dated July 28, 2022 served on Respondent St. Supery, Inc. dba St. Supery Vineyards & Winery (“Respondent”). I. LEGAL STANDARD “In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry [by the ALRB...

Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...

Excerpt: ...ivil Procedure section 437c, subdivisions (a)‐(e), for summary judgment, or in the alternative summary adjudication, on the two causes of action they assert against Cross‐Defendants Gerald L. Nunn and Judith Nunn (collectively, “Nunns”) in Wenyons' Cross‐Complaint filed on November 16, 2021 (“Cross‐Complaint”)—the first cause of action for quiet title and the second cause of action for declaratory relief. The motion is brought o...

Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...