Excerpt: ... to the Defendant. The Court indicated at the hearing that date that Defendant could object to the request. Plaintiff complied with this part of the order by filing, on March 4, 2024, a Declaration for Judgment by Court, and a Memorandum of Costs After Judgment. The Declaration of Judgment attests to total costs of $2,383.50, holdover damages of $404.20, waived rent of $282.00 and other costs in the amount of $1,697.30. The Declaration includes,...

Excerpt: ...nt moves for entry of judgment in accordance with the Court's February 16, 2024, Second Order After Hearing on [Reliant's] Motion to Enforce Settlement Agreement (Feb. 16 Order) on grounds that neither defendant Bruce Tucker Construction, Inc. nor any of the remaining settling defendants have paid any amounts in settlement. “[I]f parties to a pending construction defect action stipulate personally or, where a party's contribution is paid on its...

Excerpt: ... leave to comply with the procedural subpoena requirements and complete the deposition of Zina Malhotra past the discovery cut -off date. The motion to compel documents is GRANTED. Defendants shall, within 10 days of notice of entry of order, produce all responsive documents to the subject discovery and provide supplemental verified responses to the subject discovery requests to indicate their compliance. Defendants' request for sanctions is DEN...

Excerpt: ...e of the continued hearing. 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 under Local Rule 2.9 remain in effect. However, the Court may grant belated requests...

Excerpt: ...ed on November 2, 2022 or, in the alternative, summary adjudication on each cause of action therein. The grounds for the motion are that the FAC does not state a cause of action against Defendants and Plaintiffs do not have and cannot reasonably obtain evidence sufficient to meet their burden of production and proof as to any cause of action in the FAC. The Court elects not to rule on Defendants' Evidentiary Objections to the Declarations filed ...

Excerpt: ... 436, for an order striking the Amended Complaint filed by Plaintiff Margaret Leilani Flynn on grounds that the prayer for punitive damages is improper.1 1 While the Notice of Motion states that the motion to strike is directed at the Amended Complaint, the memorandum filed in support of the motion (Support Motion) clarifies that Dr. Look seeks an order striking only, 5 “The court may, upon a motion made pursuant to Section 435, or at any ti...

Excerpt: ... 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 moving party is present at the hearing. Defendant Merchants Bonding Company (“Mercha...

Excerpt: ...randum of Costs on grounds that the requested fees are: 1) excessive, unreasonable, and unnecessary; and 2) not incurred exclusively in the enforcement of the subject judgment. Amulet's request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the Judgment entered November 30, 2022, in the action. The request is DENIED as to the remaining subjects. Beckstoffer concedes that Amulet is entitled to reasonable and necessary c...

Excerpt: ...t 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 5, 2024 by way of Defendants' ex parte application. The Court granted the ex parte application for an order shortening...

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: ...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: ...) 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: ...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: ...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: ...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: ...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: ... 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...