Excerpt: ...pposing 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. The matter originally came on for hearing on April 18, 2024 by way of Plaintiffs' ex parte appli...

Excerpt: ...Defendant Moreno Inc. (“Defendant”) moves, pursuant to Code of Civil Procedure section 473, subd. (b),2 for an order setting aside the entry of default against it on Plaintiffs Keith Dahl and Claire Dahl's first amended complaint (“FAC”) on the grounds that setting aside the default is appropriate due to inadvertence and excusable neglect. “The court may, upon any terms as may be just, relieve a party . . . from a judgment, dismissal, ...

Excerpt: ...less the removal is approved by the Court and all proceeds are paid into Court to satisfy Defendants' obligations to Plaintiff; 2 (2) Ordering Defendants to duly preserve and maintain, consistent with accepted wine industry custom and practice, the grapes sold and delivered by Plaintiff to Defendants, or any products produced or derived therefrom; and (3) Restricting Defendants from instructing, assisting, aiding or abetting any other person or e...

Excerpt: ...) moves, pursuant to Corporations Code section 17705.03, subdivision (b)(3) for an order, “(1) foreclosing on Amulet's lien on the transferable interest of Defendant and Judgment Debtor Andrew Tuck Beckstoffer (Beckstoffer) in Amulet, (2) ordering the Napa County Sheriff‘s sale of Beckstoffer's transferable interest in Amulet and distribution of the sales proceeds pursuant to Code of Civil Procedure §§ 701.510- 701.820, (3) directing th...

Excerpt: ...four), and violation o f the Consumers Legal Remedies Act (“CLRA”)(count f iv e ). Defendants argue that Plaintiffs' claims are subject to a mandatory forum selection clause and request that this action be stayed to allow Plaintiffs to file t h e ir la w s u it in In d ia n a . As part of th e motion, Defendants offer to stipulate that the Song -Beverly Act and the CLRA will apply to Plaintiffs' claims should they file an action in Indiana. T...

Excerpt: ...to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) Despite its name, a motion for judgment on the pleadings is akin to a demurrer. “Because a motion for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply.” (Hightower v. Farmers Insurance Exchange (1995) 38 Cal.App.4...

Excerpt: ... wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9 and appear at the March 8, 2024 hearing. A. PROCEDURAL MATTERS 1. Disclosure Judge Smith discloses that prior to taking the bench she was a partner with Coombs & Dunlap, LLP. However, Caryn Hreha joined the firm after Judge Smith's departure. Judge Smith can be fair and impartial in the matter. 2. Nature of Motion Defendant Kendra Baumga...

Excerpt: ...38, 42, 43, and 44. The motion is DENIED in all other respects, including Plaintiff's request for an award of monetary sanctions. 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 argum...

Excerpt: ...edure section 437c, for summary judgment in their favor on Plaintiff's First Amended Complaint (FAC).1 Alternatively, Defendants move, pursuant to Section 437c, subdivision (f) for summary adjudication in Defendants' favor on each of: (1) Plaintiff's first cause of action for breach of contract; (2) Plaintiff's second cause of action for breach of the covenant of good faith and fair dealing; (3) Plaintiff's third cause of action for intentional ...

Excerpt: ...e of Motion identifies four issues on which Defendants argue they are entitled to summary judgment/adjudication: (1) Plaintiff's claims related to the septic system are time -barred; (2) Plaintiff's claims related to the septic system otherwise fail; (3) Plaintiff's claims based on the intrusive neighbor are time -barred; and (4) Plaintiff's claims based on the intrusive neighbor otherwise fail. 5 All subsequent statutory references are to the C...

Excerpt: ...t the complaint states facts sufficient to constitute a cause of action, and, because matters in the request for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to c...

Excerpt: ...ules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Defendant/Cross- Complainant Davis/Reed Construction Inc. (“Davis/Reed”) demurrers, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the second through sixth causes of action asserted in the Cross- Complaint filed by Defendant/Cross-Complainant SRGA Resort LP (“SRGA”). On February 23, 2024, SRGA dismissed its fifth and sixth causes of action against Dav...

Excerpt: ...t Clark Smith's (“Defendant”) expert witness designations on the ground that they are improper and untimely. 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 R...

Excerpt: ... improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. §436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) As such, in ruling on a...

Excerpt: ...iff also seeks monetary sanctions in the amount of $5,260 against Defendant and its counsel of record. 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 re...

Excerpt: ...ivil Procedure, section 638. Upon any agreement, the parties may submit a stipulation and proposed order. Absent agreement on such appointment, the parties shall appear at the continued hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). Defendants failed to include in the notice of this motion proper notice of the Court's tentative ruling system as...

Excerpt: ... and (2) the filing fee for the Contra Costa County Superior Court. The clerk is directed to transfer to the clerk of the receiving court a certified copy of this order, together with all papers in the proceeding on file. The Case Management Conference set for February 28, 2024 is VACATED. The matter is set for a Review Hearing on April 25, 2024, at 8:30 a.m. in Dept. A. The hearing is to confirm receipt of the notification from the Contra C...

Excerpt: ...ssession, custody, or control that are responsive to category numbers 3 and 6 of the subject requests for production, pursuant to the expanded interpretation of those categories provided below. 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...

Excerpt: ...)(1), for an order granting leave to file a First Amended Complaint (“FAC”). Although not specified by Plaintiff, it appears that the proposed FAC is the document entitled “Complaint,” which lists four causes of action and is attached to the “Notice of Motion and Motion.” 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...

Excerpt: ... Documents, Set One (“Requests for Production”) within ten (10) days of the date of the hearing. 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise specified. 5 Defendant further moves, pursuant to Sections 2023.030 and 2031.320, for an award of monetary sanctions against Plaintiff and/or her counsel of record in the amount of $8,000. The moving party failed to include in the notice of this motion prope...

Excerpt: ...d to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party ...

Excerpt: ...r a stay of the action pending resolution of the arbitration. Compass so -moved on grounds that, “Plaintiff, Steven Mavromihalis, and Cross - Complainant, Damian Archbold, entered into written Independent Contractor Agreements (“ICA”) with Compass to arbitrate all disputes or claims between the parties, arising from or connected in any way with the ICA.” (Notice of Motion at 2:7- 11.) On November 3, 2023, defendant and cross -complainant ...

Excerpt: ...tatement of decision and entry of judgment on the Complaint. 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. 3 However, the Court may g...

Excerpt: ...laint arise out of a transaction – relating to certain real property – meant to carry out, in part, the terms of the parties' divorce decree and settlement. Through the Complaint, Plaintiff asserts causes of action quieting Defendant's title in and to the subject real property, and for declaratory and injunctive relief. It appears undisputed that Plaintiff is the owner of fee title in and to the subject property and that she executed a note i...

Excerpt: ... is not a licensed contractor as required under licensing requirements o section 7031 o the Business and Proessions Code (“Section 7031”). The demurrer to the sixth cause is also brought on the ground that it ails to allege that Plainti
¯ was detained or arrested let alone the subject o the misuse o the judicial power or process o the Court, as it also ails to allege that any act was done in the name o the court or under its authori...