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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...

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: ...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: ...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: ...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: ... 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...

Excerpt: ...es rom Plainti
¯ to Deendant's Form Interrogatories, Set One, Nos. 7.1, 7.2, and 8.7, and Special Interrogatories, Set One, No. 9 (collectively, Subject Discovery) on grounds that Plainti
¯'s responses thereto are each inadequate, evasive, or incomplete.1 A. LEGAL BACKGROUND “[I] a propounding party is not satisÞed with the response served by a responding party, the propounding party may move the court to compel urther responses. (§§ 2...

Excerpt: ...ve ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The abstract reference included in the Notice of Motion fails to include certain information contained in the mandatory statement (e.g. that tentative rulings are available after 3:00 p.m. the day before the hearing), and includes other information that is false and misleading (e.g. that “appearance by remote ...

Excerpt: ...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 e
¯ect. 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. It appears that Pla...

Excerpt: ...Third A
¯irmative Deenses. Furthermore, the Motion is GRANTED as to the third portion at issue, as an improper “new” a
¯irmative deense asserted without leave o Court. Plainti
¯ Patricia Simpson moves, pursuant to Code o Civil Procedure sections 435 and 436 and Rules o Court, rule 3.1323, to strike the ollowing portions o the veriÞed answer Þled 23 on January 17, 2024 by Deendant Woolls Ranch, LLC and Progeny Winery, LLC (“Veri...

Excerpt: ...atories, Set Two (collectively the Subject Discovery) propounded by Deendant FPI Management Inc. (FPI). Plainti
¯ is urther directed to pay to FPI, care o its counsel o record in the action, no later than 10 calendar days ater notice o entry o the present ruling, monetary sanctions in the amount o $752.00. FPI moves, pursuant to Code o Civil Procedure section 2030.290, subdivision (b), or an order compelling Plainti
¯ Elisabeth Wetzel...

Excerpt: ...�� on January 31, 2024, two days before the hearing. The Court Þnds that the Seuthe Declaration neither addresses nor controverts any of the evidence presented in the Declaration of Jose L. Parra. The Court further notes that Plainti
¯s have repeatedly Þled late opposing papers, which, as the Court has previously cautioned Plainti
¯s' counsel, is not helpful to the Court's analysis of the issues. Thus, the Court advises Plainti
¯s' counsel t...

Excerpt: ...miss its REPA claims). Defendants Kastner Automotive, Inc. and Atlas Peak Equities LLC (collectively, “Defendants”) move, pursuant to Code of Civil Procedure section 438, subds. (c)(2)(A) and (h)(3), for an order granting judgment on the pleadings as to the Complaint Þled by Plainti
¯ M5 Automotive LLC (“Plainti
¯”). The motion is brought on the following four grounds: “(A.) The (real estate) Purchase Agreement incorporated into the ...

Excerpt: ...d pursuant to Section 2023.030, subdivision (b), for an award of "issue sanctions designating that the records are to be interpreted in favor of FPI and/or that Plaintiff Todd Wetzel not be permitted to introduce evidence regarding emotional distress or mental injuries at all." (Notice of Motion at 1:26-2:4.) FPI so moves on grounds that "Todd Wetzel identified LifeStance as a medical provider through which he received care and/or treatment from ...

Excerpt: ...e extent it seeks to compel the production of documents requested with the deposition notice, is DENIED WITHOUT PREJUDICE. Defendant is ordered to produce Scott Silveira, Ulises Figueroa, and Mike Brooks for depositions within 30 calendar days of notice of entry of order. The parties are directed to meet and confer on a mutually agreeable date and time for these depositions. Plaintiffs' request for sanctions is DENIED. A. Preliminary Matters Plai...

Excerpt: ...ay bench trial. Defendants' Objections to the Declaration of John Tudal are ruled on as follows: No 7 is overruled. The evidence asserted in Nos. 1-6 and 8— 13 was not relied upon by the Court and therefore the Court does not rule on these objections. Defendants' Objections to the Declaration of Robert Knox are ruled on as follows: Nos. 14 and 15 are overruled. The evidence asserted in Nos. 15-27 was not relied upon by the Court and therefore t...

Excerpt: ...rance. However, she has never made an uninsured motorist claim against State Farm nor has she engaged in any litigation with State Farm. She can be fair and impartial in this matter. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposin...

Excerpt: ... Code of Civil Procedure, section 430.010, to the First Cause of Action for Violation of Civil Code Section 51.9 (Section 51.9 Claim) and Seventh Cause of Action for Negligent Misrepresentation (Negligent Misrepresentation Claim) asserted against DNVR by Plaintiff through her First Amended Complaint (FAC) in the action.l DNVR so-demurs on grounds that Plaintiff fails to allege facts to state either of the subject claims "as [DNVRI is not vicariou...

Excerpt: ...s to the subject discovery that "substantially comply" with the Civil Discovery Act, and that his failure to timely serve such responses was the result of inadvertence and excusable neglect. 1 Where a party, by failing to timely respond, has waived objections to inspection demands, "[tlhe court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequent...

Excerpt: ...intiff") fourth cause of action for easement termination. Separately, the Puentes Defendants and Charreria Arete y Cultura Napa Valley Foundation CACNV SPC (collectively, "Defendants") move, pursuant to Code of Civil Procedure section 438, subdivision (c)(1)(8)(ii), for judgment on the pleadings as to Plaintiff's twelfth cause of action for declaratory relief. A defendant may move for judgment on the pleadings and the court may grant such a motio...

Excerpt: ...ate to allow for sufficient tme for the statement of decision and entry of judgment on the Complaint. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 ...

Excerpt: ...Doe 11. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 hear...

Excerpt: ...ter Randall Callahan (collectively, "Plaintiffs"). The motion is "made on the grounds that the Court lacks jurisdiction to adjudicate Plaintiffs' sole cause of action for alleged constitutional and statutory violations, seeking declaratory and injunctive relief, because that claim is moot." (Notice at 2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Mo...

Excerpt: ...C at '1 31); 2. "The Winery's willful violation of law and disregard for cross-complainants' rights constitute oppression, fraud, and malice, entitling cross-complainants to an award of exemplary damages" (ld. at 39, 47, and 52); 3. Paragraph 62 in its entirety; and 4. The phrase "and exemplary damages" from paragraph 3 of the prayer for relief at page 15, lines 9-11. Cross-complainants are granted ten calendar days' leave to file another cross-c...

Excerpt: ...the Declaration of James C. Bastian in Opposition to Defendant Bank of America, NA's Motion for Plaintiffs to Post Bond as Vexatious Litigants filed February 15, 2022 (Bastian Decl.). Plaintiffs may refile the declaration, in whole or in part, in support of any opposition. The Clerk is directed to provide notice of the continued hearing date to the parties. Defendant Bank of America, N.A. (BANA) failed to include in the notice of this moton prope...

Excerpt: ...roduction Plaintiff Jane Doe ("Plaintiff") moves, pursuant to Code of Civil Procedure sections 1987.1, 1985.3, 2017.020, and 2017.220, for an order quashing or modifying a deposition subpoena for production of business records issued by Defendant Napa Valley Unified School District ("Defendant") on November 7, 2023 to Kaiser Permanente ("Subpoena"). In the alternative, Plaintiff moves, pursuant to Code of Civil Procedure secton 2025.420, for a pr...

Excerpt: ... pay to Plaintiff, care of its counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the additional amount of $1,100. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notic...

Excerpt: ...the time of his complaints to PG&E, were being violated. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Pacific Gas & Electric Company (PG&E) demurs, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), to the First Amended Complaint (FAC) filed by Daniel Novella. The FAC alleges three causes of action against PG&E. PG&E demurs to each on grounds that each is uncertain and that the FAC ...

Excerpt: ...dar days after notice of the present ruling. The request for monetary sanctions is GRANTED IN PART. Plaintiffs are directed to remit to Towpath, care of their attorney of record in the action and no later than 14 calendar days after notice of the present ruling, monetary sanctions in the amount of $1,000. Towpath moves, pursuant to Code of Civil Procedure section 2030.300, et seq. and 2031.310 et seq. for an order compelling Plaintiffs Elisabeth ...