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321 Results

Location: Napa x
2019.5.23 Motion for Summary Judgment, Adjudication 854
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.23
Excerpt: ...annot establish the elements of any of the causes of action contained in the first amended complaint. This is not a valid ground for summary judgment. (See Code Civ. Proc., § 437c, subd. (a) [a motion for summary judgment asks the Court to determine the entire action has no merit and to terminate the action without the necessity of a trial].) Defendants also did not advance any evidence in their separate statement as to why the entire action has...
2019.5.23 Petition for Writ of Mandamus 070
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.23
Excerpt: ...QA), directing respondent County of Napa (County) to set aside and vacate its certification of the Final Environmental Impact Report (EIR) and project approvals for the Napa Syar Quarry Expansion Project. Upon review of the moving papers, the Court tentatively agrees with Petitioner on two grounds: (1) the EIR fails to provide sufficient evidentiary support for the County's decision to use the five‐year averaged operations baseline for measurin...
2019.5.22 Motion for Summary Judgment 843
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.22
Excerpt: ...apa County Assessor, Napa County Auditor‐Controller, and Napa County Treasurer‐Tax Collector, contending there are no triable issues of material fact pertaining to their Complaint, in which Plaintiffs allege causes of action for (1) refund of property taxes, (2) declaratory relief, (3) denial of constitutional rights, (4) denial of procedural due process, and (5) writ of administrative mandamus. Preliminarily, as noted by Defendants, Plaintif...
2019.5.15 Motion to Strike or Tax Costs 321
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.15
Excerpt: ....5 applies to “any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions.” (USS‐Posco Industries v. Case (2016) 244 Cal.App.4th 197, 215‐16, quoting Lab. Code, § 218.5, subd. (a).) “In such actions, ‘the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action...
2019.5.15 Motion for Judgment on the Pleadings 295
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.15
Excerpt: ...rations filed on the party's behalf. [Citations.]” (See Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485.) Here, the Court's order regarding the discovery responses are not subject to different interpretations as the responses admit the allegations supporting the complaint. Plaintiff's motion for judgment on the pleadings under Code of Civil Procedure section 438, subdivision (c)(1)(A), is GRANTED. (See Evans v. Californi...
2019.5.14 Motion to Compel Initial Responses 658
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.14
Excerpt: ...r monetary sanctions for bringing its motion is DENIED. The request is not code‐compliant. Plaintiff did not cite in the notice of motion any code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐ 2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“The notice of motion must contain a request for sanctions and must: . . . Cite the authority for such sanctions.”].) Any r...
2019.5.2 Motion to Consolidate Actions 207
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.2
Excerpt: ...ia. Four parties are involved in both: Langrebe Lath & Plastering, Inc. (LLP), a subcontractor; Davis/Reed Construction, Inc. (Davis/Reed), general contractor; L&W Supply Corporation (L&W), a materials supplier; and, Liberty Mutual Insurance Company (Liberty). Davis/Reed and Liberty bring the current motion to consolidate the two actions. LLP filed a Notice of Non‐Opposition. Only L&W opposes. “When actions involving a common question of law ...
2019.5.2 Motion for Summary Adjudication of Issues 637
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.2
Excerpt: ...) The moving party also bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. (Id. at p. 850‐51.) If the party carries this burden, there is a shift and the opposing party is then subjected to a burden of production to make a prima facie showing. (Ibid.) “In ruling on the motion, the trial court views the evidence and inferences therefrom in the light most favorable to t...
2019.5.1 Motion to Stay Proceedings, Demurrer 687
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.1
Excerpt: ...ation and the arbitration requiring resolution of the arbitration first due to the contract between Altamura and plaintiff. Altamura contends he terminated his contractual relationship with plaintiff because plaintiff mismanaged his vineyard. (Id., ¶¶ 3‐5.) If Altamura is correct, then he had good cause to part ways with plaintiff, and plaintiff's claims against defendants for interfering with the contractual relationship will be less likely ...
2019.5.1 Motion to Compel Initial Responses 334
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.1
Excerpt: ...in 20 calendar days of service of notice of entry of order. The City's request for monetary sanctions is DENIED. Devine did not oppose the motion, which means monetary sanctions are not warranted. (See Code Civ. Proc., §§ 2030.290, subd. (c) [providing that monetary sanctions are warranted against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”]; 2031.300, subd. (c) [same].) The City raises for t...
2019.4.30 Motion to Trifurcate Trial, to Compel Further Responses 854
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.4.30
Excerpt: ...ntegrated enterprise issues (before the discrimination, retaliation, and fraud liability, and damages issues), liability and compensatory damages, and punitive damages pursuant to Code of Civil Procedure sections 598 and 1048, subdivision (b), and request to preclude the admission of evidence of defendants' profits, wealth, or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds defen...
2019.4.30 Demurrer 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.4.30
Excerpt: ...r law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 35 Cal.3d 197, 213‐ 14.) In reviewing...
2019.4.30 Motion and Application for Preliminary Injunction Prohibiting Redevelopment 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.30
Excerpt: ... Hill property. The Bakers frame the question as not “‘if' the Vineyard will be redeveloped, it is ‘when' it will be redeveloped.” But there is no guarantee, as the Bakers proffer, that they will be allocated the vineyard land. The land the Bakers seek to develop is the subject of competing claims in this partition action with the Land Trust and defendants/cross‐complainants/cross‐defendants Bruno R. Solari, Giulia S. Nelken, Anthony ...
2019.4.25 Motion to Compel Further Responses 509
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.25
Excerpt: ...iff/cross‐defendant Nancy Ryan shall serve verified code‐compliant further responses, without objections except those based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. Ryan served initial responses to the discovery requests on February 6, 2019. A party may move to compel further responses to written interrogatories if it deems that the party's resp...
2019.4.9 Motion for Judgment on the Pleadings 427
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.4.9
Excerpt: ...endants to file a reply.1 Cootes thereafter filed her second supplemental opposition along with a request for judicial notice. Cootes attached to the second supplemental opposition a proposed first amended complaint. Defendants filed their reply and an objection to the request for judicial notice. The Court subsequently granted Cootes' request to file a sur reply as well as a response to the objection to her request for judicial notice. The Court...
2019.4.9 Demurrer 642
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...h, fifth, and sixth causes of action on the ground that the Court previously issued a tentative ruling in a different action is overruled. A tentative ruling is not a ruling. Plaintiffs dismissed the prior action before the Court ruled on the demurrer. Demurrer to the first cause of action (breach of contract) is sustained with leave to amend. The claim alleges that “Defendants failed to perform its duties” and “cancelled Plaintiff's loan m...
2019.4.9 Demurrer 525
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.9
Excerpt: ...tion for medical battery, third cause of action for intentional misrepresentation, and fourth cause of action for violation of Business and Professions Code section 17200 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a pleading is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612,...
2019.4.9 Demurrer 249
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...d. SUSTAINED WITH LEAVE TO AMEND as to the Seventh cause of action for intentional infliction of emotional distress. A cause of action for intentional infliction of emotional distress requires (1) extreme and outrageous conduct by the defendant; (2) intention to cause or reckless disregard of the probability of causing emotional distress; (3) severe emotional suffering; and (4) actual and proximate causation of the emotional distress. Heller v. P...
2019.4.9 Motion for Reconsideration, for Declaratory Relief 219
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.4.9 Motion to Expunge Lis Pendens 457
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...e, however, involved a dispute over the petitioner's claim to an easement. No easement is at issue in this case. Plaintiff does not allege that Defendant has presented any right to possession or title to Plaintiff's property. Plaintiff's first amended complaint asserts that “Defendant's conduct will eventually interfere with Plaintiff's possession of the Scott Property through the imposition of a servient easement in favor of Defendants across ...
2019.4.9 Motion to Strike 779
Location: Napa
Judge: Tisher, Francisca
Hearing Date: 2019.4.9
Excerpt: ...ablishing that plaintiff is entitled to the relief sought. Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255. In establishing a claim for punitive damages, plaintiff must show by “clear and convincing” evidence that the defendant is guilty of oppression, fraud or malice. Civil Code § 3294(a). Plaintiffs fail to do so here, and fail to demonstrate how they may amend their Complaint to properly state a punitive damages claim. Accordin...
2019.4.9 Motion for Summary Judgment, Adjudication 339
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.9
Excerpt: ...led for May 30, and Trial set for June 3, are vacated. This action arises out of a dispute between Plaintiffs as borrowers/mortgagors relating to residential real property, and Defendants as the purported assignees of the related promissory note and deed of trust. Plaintiffs assert four causes of action1, based on claims that the transfers and assignments of the promissory note and deed of trust – in the course of the alleged securitization of ...
2019.4.4 Motion to Continue Trial Date 813
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.4
Excerpt: ... medical examinations. Defendant took plaintiff's deposition in October, 2018, and apparently made extensive inquiry regarding plaintiff's injuries. Plaintiff testified during deposition that he anticipated having a second shoulder surgery. Plaintiff disclosed his expert witnesses in this matter on November 28, 2018. On December 10, 2018, plaintiff moved ex‐parte for an order continuing the trial date based on the instability of plaintiff's rig...
2019.4.3 Motion to Compel Mental Exam 234
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.4.3
Excerpt: ...th of the exam. Specifically, plaintiff argues Dr. Sarah Hall's time estimate is not consistent with the completion time the product manufacturers proscribe, an effective examination does not require a full administration of all of Dr. Hall's proscribed exams, and a two‐day sixteen‐hour exam is overly burdensome and a misuse of the discovery process. The Court takes each contention in turn. First, the product manufactures' proscribed time doe...
2019.4.3 Motion for Leave to File Complaint 509
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.4.3
Excerpt: ... untimely. Ryan is correct that Code of Civil Procedure section 428.50, subdivision (a), sets out the time period for the filing of a permissive cross‐complaint: “A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐complaint.” Ryan, however, fails to address subdivision (c) of the statute, which ...

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