Excerpt: ...4, 2021, respectively. All deadlines calculated from the trial date are reset to the September 30, 2021 Trial Management Conference date. (See Local Rule 6.2.) [2] PLAINTIFF'S MOTION TO SEAL RE MOTION TO COMPEL DEFENDANTS' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET FIVE TENTATIVE RULING: The motion is DENIED, without prejudice to Defendants filing a proper motion to seal.1 As explained below in the tentative ruling on Plaintiff...

Excerpt: ...2020.010, et seq., for an order quashing, or alternatively for a protective order regarding two deposition subpoenas for production of business records served on GVM by Petitioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to prov...

Excerpt: ...and for a mandatory injunction directing that the lien be immediately released, removed, and extinguished pursuant to Connolly Dev., Inc. v. Super. Ct. (1976) 17 Cal.3d 803 is GRANTED. A. Legal Framework Lambert established a procedural safeguard for owners subject to an unjustified mechanic's lien. (Cal Sierra Constr., Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 850.) The owner may file a motion where “the issue presented is limited to t...

Excerpt: ...A. PROCEDURAL MATTERS 1. Plaintiff's Additional Separate Statement The Court notes that the document titled “Plaintiff Donald Veverka's Separate Statement of Additional Facts in Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication” filed January 14, 2021 (Additional Sep. St.), is not drawn or filed in conformity with the Code of Civil Procedure and Rules of Court. A party opposing a motion for sum...

Excerpt: ... permits for the property, owed Bellisimo a duty (1) to supervise all pest control operations in Bellisimo's vineyard, (2) to ensure those pest control operations in Bellisimo's vineyard were performed in a careful and effective manner, and (3) to prevent those pest control operations in Bellisimo's vineyard from being performed in a faulty, careless, or negligent manner. Bellisimo raises in its notice of motion, as the source of the statutory du...

Excerpt: ... to file a response. The Court reviewed plaintiffs' supplemental memorandum of points and authorities, plaintiffs' supplemental White declaration, defendant's supplemental reply memorandum, and defendant's supplemental Hayashida declaration and now rules as follows: A. Evidentiary Objections 1. Zeigon Declaration Defendant's six evidentiary objections to Frank Zeigon's declaration are SUSTAINED. Zeigon's declaration is based on a “review of the...

Excerpt: ...ng, by Zoom, unless it is confirmed that no party requests oral argument. Petitioner, People of the State of California, moves the Court, pursuant to Code of Civil Procedure section 436 subdivision (b), for an order striking the claim filed by Claimant Leilani Ellis on the grounds that Claimant lacks standing. (See Memorandum at 2:4‐5.) Upon noticed motion, the Court may “[s]trike out all or any part of any pleading not drawn or filed in conf...

Excerpt: ...Code of Civil Procedure section 430.10 subdivisions (e) and (f), to the Complaint filed by Plaintiff Zachary Thayer in this action on the grounds that both causes of action asserted therein are: (a) uncertain, ambiguous, and unintelligible and; (b) fail to allege facts sufficient to state a cause of action. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as �...

Excerpt: ...ent of presenting a tort claim.1 (See Notice of Hearing and Petition (Notice) at 1:22‐25.) The Petition is brought on the grounds that Petitioner failed to timely file his tort claim, but that such failure was excusable. (See Id. at 2:13‐22.) The Court denies the Petition because there is no indication in the record that the claim was filed late. Analysis of the petition requires a basic overview of the statutory process that a person wishing...

Excerpt: ... Complainant was required to file any opposition to the present demurrer on or before January 12, 2021. (See Code Civ. Proc. §1005, subd. (b).) No such opposition appears. However, on January 15, 2021, Cross‐Complainant filed a Verified Amended Cross‐Complaint (VACC). “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike...

Excerpt: ...tions that a proper meet and confer never took place, and that ordering additional conferring could help resolve these motions, limit the discovery requests and/or the number of objections at issues, or facilitate settlement. The parties' attorneys, Daniel Geoulla and Bridget McKinstry, are ordered to meet and confer via video conference at a mutually agreeable time on or before January 29, 2021. They shall thoroughly discuss each of the discover...

Excerpt: ...t of this notification, the clerk shall unseal and file the records. If Plaintiff does not notify the Court within 10 days of the order, the clerk shall (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form. Plaintiff Merryvale Vineyards LLC moves for an order authorizing the sealing of portions of documents associated with Merrvale's Motion to Compel Defend...

Excerpt: ...nstrues the Motion as One for an Order Declaring that the Subject Deed Restrictions are Unenforceable, and Not as a Motion to Enter Default Judgment Plaintiffs' Complaint prays the Court for a declaration that the real property commonly known as 3519 Broadway Street, in the city of American Canyon, county of Napa, California (Property) “is no longer bound by the [following] deed restrictions…and that said restrictions are hereby removed as a ...

Excerpt: ...compel” initial responses to judgment debtor interrogatories (set one) and judgment debtor requests for production of documents (set one) is GRANTED. The motion stems from defendants/judgment debtors John Tudal and Cerruti Cellars, Inc.'s apparent refusal to comply with the Court's (Hon. Wood) September 30, 2020 discovery order compelling them to serve verified code‐compliant initial responses without objections. Defendants argue the debtor d...

Excerpt: ...d Plaintiff Nicole Riedel moves, pursuant to Code of Civil Procedure sections 664.6 (Section 664.6), and 128, subd. (a)(4) (Section 128(a)(4)) for four specific forms of relief: 1. Entry of an interlocutory judgment on the terms of the parties' purported settlement agreement; 2. Appointment of a “third‐party permitting expert” to take control over the regulatory entitlements process for a construction project to be undertaken by Defendants ...

Excerpt: ... of the Venter Family Revocable Trust demur, both generally and specially, and pursuant to Code of Civil Procedure section 430.10, subds. (d), (e), and (f), to Plaintiff's First Amended Complaint (FAC), and to each cause of action asserted therein, on grounds of uncertainty, failure to allege facts sufficient to state a cause of action, and misjoinder of parties. The notice of motion does not provide notice of the Court's tentative ruling system ...

Excerpt: ...r an order directing Respondent to show cause why the Court should not issue such writ. Petitioner further seeks a declaration, pursuant to Government code section 6259 “signifying that Respondent has violated Petitioner's rights under” Government Code section 6250 et seq. (Notice of Motion at 1:26‐2:4.) This action arises from Petitioner's request for information, submitted to Respondent pursuant to the California Public Records Act (CPRA)...

Excerpt: ...itial responses, without objections, within 15 calendar days from the date of service of notice of entry of order. Defendants' request for monetary sanctions for bringing the motion is DENIED. Howell did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a ...

Excerpt: ...nt Silverado Resort Investment LLC.” (See Notice of Motion at 2:6‐9.) This motion came on initially for hearing on September 4, 2020. By Minute Order of that date, the Court granted the motion in part, and ordered that “[a]ll discovery in the action is temporarily STAYED pending the hearing on Defendants' demurrers.” On December 3, 2020, the Court heard argument regarding defendants' respective demurrers. On December 15, 2020, the Court e...

Excerpt: ... Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Callahan's evidentiary objections to exhibits 2‐3 as improper evidence being submitted on a demurrer are OVERRULED. (See ibid.) The district and the County's demurrer to the first cause of action for declaratory and injunctive relief (violation of Propositions 13, 62 and 218 – California Constitution, Articles 13A, 13B, and 13C, and Government Code section 53723) on the gr...

Excerpt: ...mmons on OSU and dismissing the action, on the grounds that the Court lacks personal jurisdiction over OSU, or, in the alternative, dismissing the action on the grounds of forum non conveniens. Factual and Procedural Background Through the complaint, Plaintiff contends that OSU breached the covenant of good faith and fair dealing implicit in their contractual relationship. That relationship is memorialized in a series of three successive contract...

Excerpt: ...uant to Code of Civil Procedure section 430.10, to the FAC on two grounds: (1) that Plaintiff fails to allege facts sufficient to establish that the subject roadway constituted a dangerous condition of public property; and (2) the City is immune from liability pursuant to Government Code sections 830.4 and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated...

Excerpt: ...d deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he county def...

Excerpt: ...t), and deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he coun...

Excerpt: ... require bifurcating the issues raised by the TAPC and setting an evidentiary hearing on the foregoing causes of action. Through that Minute Order, the Court invited Petitioner to submit additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. On October 23, 2020, Petitioner filed a document en...

Excerpt: ...e date of service of notice of entry of order. The County's request for monetary sanctions for bringing the motion is DENIED. White did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023....

Excerpt: ... from the granting or denial of interim injunctive relief.'” (Jay Bharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443, quoting White v. Davis (2003) 30 Cal.4th 528, 554; see IT Corp. v. Cnty. of Imperial (1983) 35 Cal.3d 63, 72.) Hernandez demonstrates a likelihood of success on the merits of his claims. The relative balance of harms also favors Hernandez as he has shown he is likely to suffer greater injury from the denial of in...

Excerpt: ...ion for general negligence and premises liability in her complaint. The premises lability cause of action also contains counts for negligence [count one], willful failure to warn [count two], and dangerous condition of property [count three]. 2 The City's only ground for summary judgment contained in the notice of motion is that Devine cannot establish liability for a dangerous condition of public property against the City. Although not specifica...

Excerpt: ...asserted against entity defendants Oakmont Investments LLC and the Miller Alaska Trust. The demurrer is sustained with 10 days' leave to amend as to the eleventh cause of action for waste. In all other respects, the demurrer is OVERRULED. A. Factual Background Defendants John L. Miller (Miller), Oakmont Investments, LLC (Oakmont) and the Miller Alaska Trust (Alaska Trust) (collectively Miller Defendants) demur to the First Amended Complaint filed...

Excerpt: ...efanie Johnson on the grounds that “the first, second, third, fourth, sixth, and seventh purported causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against 2 Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.)1 Through his initial reply brief, Defendant argued that “[n]othing in Plaintiff's Opposition to Defendant's Demurre...

Excerpt: .... Since jurisdiction is statewide, the venue rules serve to narrow geographically the place for trial.” (Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2020) at § 3:450; see Cholakian & Associates v. Super. Ct. (2015) 236 Cal.App.4th 361, 373.) Defendant does not seek to transfer venue to another county in California, but to transfer the case to New York. The venue statutes, therefore, are inapplicable. Because the g...

Excerpt: ...tration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) On a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, the court must determine whether the agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal ...

Excerpt: ...session. Plaintiff instead seeks a prescriptive easement in its first cause of action. Because defendants did not address the prescriptive easement claim in their opening papers,2 or the equitable easement claims (second and third causes of action), they have not shown there has 2 In their reply, defendants attempt to correct their oversight by raising new argument as to the prescriptive easement claim and attaching new evidence. The Court has no...

Excerpt: ...appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Delicato Vineyards moves the Court, pursuant to Code of Civil Procedure section 1281, et seq., for an order compelling arbitration of Plaintiff Sherri Tueros' Complaint and staying any further proceedings pending that arbitration on the grounds that a written arbitration agreement covers the allegations of the Complaint. A proceeding to compel a...

Excerpt: ...s Application for Preliminary Injunction, filed in this matter on October 6, 2020; c. The Opposition to Silverado Napa Holding, LLC's Application for Preliminary Injunction, filed in this matter on October 6, 2020, by Defendants Tim Wall and TKW Resort Holdings, LLC. The Clerk is further directed to file in the record of this matter, each of Exhibits A, B, and C to the [Proposed] Order Granting Amended Motion to File Records Under Seal lodged Oct...

Excerpt: ...nt dismissing this entire action with prejudice, including the whole of the document denominated “verified First Amended Complaint” (FAC) on the grounds that the FAC adds a new plaintiff, Greener Future, 2 without leave of Court, and on the further grounds that plaintiff Colton Callahan failed to file an amended complaint within the time provided by the Court through its October 8, 2020 order sustaining Defendant's demurrer to the original co...

Excerpt: ...roperty. As plaintiffs succinctly frame it: “the fact that [Webb's] hillside is unstable and could fail at any time, the fact that it failed in the past, the fact that it has moved, has caused damage, and is obstructing the shoulder of Plaintiff's [sic] driveway access, and the fact that if it continues to move it will damage, obstruct and/or destroy the only access into the property, and the fact that Plaintiffs are now confronted with a secon...

Excerpt: ...0, subdivision (d). If Defendant files and serves supplemental papers, Plaintiff may then file and serve, no later than November 25, 2020, supplemental opposition papers. Defendant may then file and serve a supplemental reply no later than December 4, 2020. Defendant Oregon State University (OSU), appearing specially, moves the Court “for an order quashing the service of summons on OSU and dismissing the action, or alternatively, to dismiss thi...

Excerpt: ... seal (Motion to File Records Under Seal) currently pending. The respective parties moving for demurrer and motion to file records under seal calendared those matters for November 20, 2020. The Court is unavailable that date. Therefore, those matters must be rescheduled. The Court anticipates that it will be efficient to calendar the matters in the following order: 1. Motion to File Records Under Seal; 2. Defendants' respective demurrers to First...

Excerpt: ...ise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. On September 8, 2020, Plaintiff filed the instant motion seeking an order compelling Defendant John Anthony Truchard to serve further responses to certain of Plaintiff's demands for production of docu...

Excerpt: ...d through Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the obligation underlying the mechanic's lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all iss...

Excerpt: ... Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the alleged obligation underlying the lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all issues relating...

Excerpt: ...ctively codifies the delayed discovery rule in connection with actions for fraud, providing that a cause of action for fraud ‘is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.'” (Brandon G. v. Gray (2003) 111 Cal.App.4th 29, 35.) Plaintiffs adequately allege delayed discovery stemming from the purported fraud. Plaintiffs purchased the new 2012 GMC Sierra 1500 on Ap...

Excerpt: ... justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...

Excerpt: ... (e) and (f), to the first, second, fourth and fifth causes of action asserted through the First Amended Cross‐Complaint (FACC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each fails to state facts sufficient to constitute a cause of action and each is uncertain, ambiguous, and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint file...

Excerpt: ...ct of California. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party request...

Excerpt: ...ormation would have been a motion to compel. (See Code Civ. Proc. §2025.480.) 6 Code of Civil Procedure section 340.5 contains a three‐year limitations period after death or oneyear period after discovery of the injury causing death in which to file suit. Defendant argues section 340.5 bars the action. The argument fails. Decedent passed away on September 22, 2017. Plaintiffs filed their complaint on September 21, 2018, followed by the first a...

Excerpt: ...5,000, which exceeds the limited civil jurisdictional amount. Although defendant 3030 Airport Road, LLC strongly disagrees and questions the veracity of the evidence, the County explains why it took so long to seek reclassification due to attorney oversight. The Court is cognizant of defendant's purported prejudice in not being able to prepare a fair market value defense, but any such prejudice can be remedied by re‐ opening discovery on this l...

Excerpt: ... would require bifurcating the issues raised by the Petition and setting an evidentiary hearing on the foregoing causes of action. However, Petitioner's moving papers do not address either issue. Therefore, the Court would like additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. Petitioner...

Excerpt: ...al.App.4th 742, 749; McAllister v. Cnty. of Monterey (2007) 147 Cal.App.4th 253, 280.) Defendant Mindy Wyman's demurrer to the entire first amended complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff Stacee Cootes indicates she does not oppose the demurrer as to this individual defendant. (Opp. at p. 7:28: n.2.) Defendant Wyman Property Management's (WPM) demurrer to the first cause of action for negligence on the ground of failure to state ...

Excerpt: ...h cause of action. The motion is GRANTED with 30 days' leave to amend as to Plaintiff Chadbourne on the third cause of action. The Court STRIKES the allegations of the seventh and tenth causes of action, rendering the motion moot as to these. Finally, the motion is DENIED as to the Plaintiff Chadbourne on the fourth cause of action, and as to both Plaintiffs on the eighth cause of action. A. Request for Judicial Notice Defendants' Request for Jud...

Excerpt: ... not permitted. 2 Respondent's Request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the relevant portions of: (1) the June 13, 1995 Assembly on Committee Safety History for Senate Bill 814; (2) 1995 Legislative Digest for Senate Bill 814; (3) June 9, 1998 Assembly Bill Committee Analysis of Senate Bill 2139; and (5) Napa County Code section 1.28. The Court declines to take judicial notice of the Napa County Superior ...

Excerpt: ...ily fails. Defendant's motion for summary adjudication as to the first cause of action for disability discrimination – wrongful disciplinary action (Gov. Code, §§ 12926, 12940, et seq.) and third cause of action for disability discrimination – wrongful termination (Gov. Code, §§ 12926, 12940, et seq.) on the ground Klaus cannot establish a prima facie case of disability discrimination [Issues No. 1, 5] is DENIED. “To establish a prima f...

Excerpt: ...orted causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.) A. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed with the California Superior Court in and for the County of San Francisco in...

Excerpt: ...spirit of antitrust laws, which plaintiff Robert Jordan does not allege. Defendants correctly cite the law on the issue: “When a plaintiff who claims to have suffered injury from a direct competitor's ‘unfair' act or practice invokes section 17200, the word ‘unfair' in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable...

Excerpt: ...n the grounds that the Complaint fails to allege facts sufficient to establish a dangerous condition of public property, fails to allege that a dangerous condition of public property caused his injuries, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A demurrer is treated as “admitt...

Excerpt: ...s judicial notice of the official records of the California Secretary of State for the corporate status of Green Future, LLC, but for no other purpose. All other requests for judicial notice are DENIED on the ground that none are relevant to the Court's resolution of the issues raised by the demurrer. Plaintiff's requests for judicial notice are GRANTED. The Court takes judicial notice of the Articles of Organization – Conversion, and the LLC �...

Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...

Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...

Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...

Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...

Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...

Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...

Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...

Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...

Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...

Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a new trial, must state…the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[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”];...

Excerpt: ...nt James R. Trumble moves the Court for summary judgment, or in the alternative summary adjudication of the causes of action asserted against him by the Complaint of Plaintiff Robert Alaniz.1 Through the Complaint, Plaintiff alleges that while he was delivering mail to a business owned by Defendant Regan and Sons, Inc., a dog named Juno owned by Trumble ran out of the 1 Defendant's Notice of Motion indicates that he seeks summary adjudication of ...

Excerpt: ...lic entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his employment.” The undisputed facts establish that the injury in question arose from the negligent act of Mr. Duarte, a person who was not an employee of Defendant Merced County Office of Education. This shifts the burden ...

Excerpt: ...g grounds: (1) the limitation‐of‐liability provision (“LOL”) in the written agreements between Blackburn/Crawford and plaintiff Spring Mountain Vineyard, Inc. is enforceable; (2) Blackburn/Crawford did not commit gross negligence and, as such, the alleged gross negligence is not a proper basis for not enforcing the LOL; and (3) whether or not Blackburn/Crawford did commit gross negligence, the LOL's prohibition on the recovery of conseque...

Excerpt: ...umber 30 seeks copies of the NCSD's policies, procedures, and training for use of force from 2009 to the present. (Podrobinok Decl., Ex. 1 at p. 8.) The NCSD opposes. A. Statement of Facts In 2018, Albert Wong entered a building at the Veteran's Home of California in Yountville armed with a loaded semi‐ automatic weapon and dressed in tactical gear. (Third Amended Compl., ¶¶ 59, 66‐67.) The combat veteran entered a room and allowed certain ...

Excerpt: ...Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Background Defendants John L. Miller, Oakmont Investments LLC, the Miller Alaska Trust, Tim Wall, TKW Resort Hold...

Excerpt: ... days of notice of entry of this order, sanctions in the amount of $1,810.00. Defendant and Cross‐Complainant Peter Peletta moves the Court for an order compelling Plaintiff Francis Wang to respond to Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, and for monetary sanctions. Through her opposition, Plaintiff acknowledges that on or about February 19, 2020, Defendant served her with Supplemental Form In...

Excerpt: ... Autovest, L.L.C. (Autovest) and Cross‐Defendant First Investors Financial Services, Inc. (First Investors) (collectively Cross‐Defendants) move the Court, pursuant to the Federal Arbitration Act, for an order compelling Defendants and CrossComplainants Garcia and Asuncion Garcia (collectively the Garcias) to arbitrate the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the a...

Excerpt: ...ocal Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. The Notice of Motion fails to state the specific grounds on which the motion is sought. (Code Civ. Proc. §1010; Rules of Ct., rule 3.1110, subd. (a).) The Notice of Motion states that “Plaintiff Merchant Cash and Capital, LLC…move[s] the court for an order setting aside the judgment of dismissal entered o...

Excerpt: ... p. 1:6.) The notice of motion also does not identify the statutory basis allowing a motion to modify a bond amount for a preliminary injunction to be brought. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(a).) Assuming there is a basis, defendants argue the injunction bond was not sufficient to cover their damages. Defendants want the bond amount to require plaintiffs to provide for regular monthly payments to them. Defendants, how...

Excerpt: ...0 a.m. in Dept. B. Each party may serve and file, on or before September 9, 2020, a supplemental brief, no longer than 15 pages, addressing the issues identified herein below. Each party may, on or before September 16, 2020, submit a Supplemental Reply, no longer than 10 pages, addressing arguments raised by the other party. The Court reserves all other issues for subsequent proceedings. Petitioner seeks a “writ of mandate…directed to Respond...

Excerpt: ...Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. Defendants' demurrer to the first cause of action for battery on the ground of failu...

Excerpt: ...rocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant and Cross‐ Complainant Laura Young moves the court pursuant to Code of Civil Procedure section 2030.300 for an order compelling Plaintiff and Cross‐Defendant Martha Kongsgaard to provide further answers to certain form interrogatories on the grounds that the answers given ...

Excerpt: ...ections 1281.2, and 1281.4, and the Federal Arbitration Act, for an order compelling BASS to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural History The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Dr. Marquez, pursuant to the terms of a written employment agreement. ...

Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...

Excerpt: ...ant did enter into the contract, Plaintiff must allege whether the contract was oral or written and all of its material terms. As to the second cause of action for fraud, it fails similar to the first cause of action, in that no facts are set forth against Defendant Ireton. Additionally, a fraud claim must be specifically pled. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfi...

Excerpt: ...f notice of entry of the present order. Clerk is to provide said notice. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing...

Excerpt: ...and form interrogatories (employment law) (set one) numbers 200.1‐200.6, 201.1‐201.7, 207.1‐207.2, 208.1‐208.2, 209.2, 211.1‐ 211.3, 215.1‐ 215.2, and 216.1. Craig acknowledges the motion as to these requests is moot after defendant A Wine Valley Experience Limousine Ind. (dba Napa Valley Tours and Transport) served amended responses to each of the requests to the motion. (Keister Decl., ¶ 12; Reply at p. 3:10‐16.) Craig's motion t...

Excerpt: ...the terms of the signed settlement agreement, and awarding sanctions sufficient to reimburse Nicholsen for his reasonable attorneys' fees and costs incurred in connection with the within motion.” (Notice of Motion at 1:24‐2:2.) In opposing the motion, Plaintiff argues that “there was not a meeting of the minds with respect to agreeing on a location of the amended easement before submitting the lot line application to Napa County.” (Opposi...

Excerpt: ...ees. Jury Trial is set for December 14, 2020, 8:30 a.m. in Dept. A. The Mandatory Settlement Conference is set for November 5, 2020, 8:30 a.m. in either the Settlement Conference Room, or by Zoom. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling...

Excerpt: ...9 (SPO), from “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY” to “CONFIDENTIAL” of those portions of the Contribution and Equity Purchase Agreement between Defendants V2 Wine Group, LLC and Delicato Vineyards, and the national distribution agreement between Defendant Delicato and third party Southern Glazers Wine & Spirits, that are identified in Exhibit A to Plaintiff's Motion. The motion is DENIED as to all other matters. “Unless other...

Excerpt: ... acts of third parties.” (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213.) “[T]he existence and scope of a property owner's duty to protect against third party crime is a question of law for the court to resolve.” (Ibid.) Plaintiff Bobby Carlson alleges Starbucks had a duty to protect him from defendant Nicholas Zazzarino's criminal conduct because heightened foreseeability existed based on various shootings that have taken place at other...

Excerpt: ...ross‐Complaint (OCC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each purported claim fails to state facts sufficient to constitute a cause of action and each is uncertain ambiguous and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed by plaintiffs, and the Cross‐Complaint filed by Defendant JKT Associates in this matter. ...

Excerpt: ... – promise made without intention to perform (Civ. Code, § 1710(4))5 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint 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, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the d...

Excerpt: ... to the first amended complaint. Default judgment was entered on June 18, 2020. Defendants' motion focuses entirely on events leading up to the People seeking default judgment on June 15, 2020. Defendants present no argument or evidence as to why default should be set aside based on any purported mistake, inadvertence, excusable neglect, or surprise. The motion as to the setting aside of default, therefore, necessarily fails. Turning to the entry...

Excerpt: ...to Code of Civil Procedure section 36 and the Court's inherent powers, for an order (1) granting trial‐setting preference to the matter, and (2) setting the trial for a date no later than 120 days after entry of order on the motion. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rul...

Excerpt: ...nding Form Interrogatory 17.1 “on the grounds that the discovery requests are relevant to the subject matter of this action, and not subject to any applicable privileges.” Plaintiff also moves for an order that Defendant pay a monetary sanction pursuant to Code of Civil Procedure section 2023.010, et seq., for abuse of the discovery process. Through its opposition, Defendant likewise requests monetary sanctions against Plaintiff. The notice o...

Excerpt: ...the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the action pending the completion of arbitration. The motion for an order compelling the Garcias to arbitrate the claims asserted in this action is GRANTED. Cross‐Defendant's request for an order staying the proceedings is GRANTED IN PART. The proceedings are stayed, pending the completion of arbitration, for all purposes othe...

Excerpt: ... moves for an order to remove the Claim of Lien and expunge that certain Notice of Pending Action (Lis Pendens) recorded by Plaintiff, Bowman Construction and Development, Inc. (BCD) affecting the real property commonly known as 1030 Main Street, Napa, California (Property). (Motion at 1:25‐2:4.) This action involves claims by construction contractor BCD against NVOH, owner of the Property, and its tenant in the Property, BNNV, LLC (BNNV) based...

Excerpt: ...ich the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action . . . shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.” As the appellate court stated, “Napa County Code section 1.20.025 allows for prevailing party attorney's fees in civil nuisance abatement actio...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Introduction Defendant General Motors LLC (GM) demurs, pursuant to Code of Civil Procedure section 430.10, to the fifth cause of action for fraud in the inducement based on intentional misrepresentation, and sixth causes of action for fraud in the inducement based on conc...

Excerpt: ...d Stewart Hoffman (collectively Moving Defendants) move the Court for an order staying this action pending resolution of People v. Wysinger, against defendant Ronald Wysinger. The motion is brought on grounds that “defendant Wysinger has asserted his constitutionally protected Fifth Amendment right” and by doing so “is refusing to respond to any discovery, appear for deposition or produce evidence that is material and essential to Defendant...

Excerpt: ...s GRANTED as to Special Interrogatory Numbers 1 and 7, and Request for Production of Documents Number 4. The motion is DENIED as to Request for Production of Documents Numbers 8 and 12. As an initial matter, the Court finds that Plaintiff's counsel made a reasonable effort to meet and confer in order to resolve the issues raised by the present motion. (See Rodriguez Declaration at ¶3; Johnson Decl. at ¶¶3‐5.) As part of this effort, Plaintif...

Excerpt: ..., Inc. (1996) 14 Cal.4th 479 that by filing the cross‐complaint on August 1, 2011, against defendant Timothy J. Long, plaintiff BVK Gaming, Inc.'s (“BVK”) elected to treat Long's purported breaches of the agreement, at that time, as a breach of the contract, thus terminating the contract. According to the Polvora defendants, the four‐year statute of limitations began to run at the time BVK filed its prior lawsuit as it elected at that tim...