Excerpt: ...or October 31, 2023, which Defendants refused to allow and "Defendant's actions have made it clear that they will not voluntarily allow the property inspection and testing without a court order." (ld. at 2:6-13.) As an initial matter, neither of the subjects of Defendant FPI Management, Inc.'s Objection to the Declaration of Bryan Seuthe are relevant to the Court's determination of the issues raised by the motion, rendering said objections MOOT. ...

Excerpt: ...The motion is made on the grounds that the Defendant failed to complete the payment arrangement contained in the parties' written Stipulation and Plaintiff is thus entitled to entry of judgment. 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...

Excerpt: ... 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. Plaintiff Capital One, N.A moves for judgment on the pleadings against Defendant on grounds that, "defendant's Answer fails to state facts sufficient to constitute a defense and the Order Deeming Plaintiff's R...

Excerpt: ... Plaintiffs are directed to provide notice of the order. Plaintiffs JG Masonry, LLC and Jorge Gonzalez move, pursuant to Code of Civil Procedure sections 2030.290 et seq. and 2031.300 et seq„ for an order compelling Defendant Silveira Chevrolet to serve verified responses, without objections, to Plaintiffs' request for production of documents, set one, and special interrogatories, set one, served on September 12, 2023. Plaintiffs further move, ...

Excerpt: ...nt to Code of Civil Procedure, section 473, for an order setting aside the entry of default and default judgment entered against it in this action. While the moving party includes a reference to a court's tentative ruling system, that notice c:ites to the incorrect local rule. Moreover, moving party failed to include, in the notce of this motion, the Tentative Ruling notice explicitly required by Rule 2.9. The moving party is therefore directed t...

Excerpt: ...s' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed...

Excerpt: ...reto from the Third Amended Complaint filed by Elsa Espinosa (EE TAC) and the Second Amended Complaint filed by Robert Espinosa (RE SAC) in this consolidated action.l Defendant so-moves on the grounds that "[ulnder California law, loss of consortium damages for loss of filial relations are not recoverable by a parent for the death of an adult child in a wrongful death action." (See Notice of motion at 2:9-10, emphasis omitted.) A. LEGAL ANALYSIS ...

Excerpt: ...a.m. in Dept. A. Defendant Thomas Rivers Brown moves, pursuant to Code of Civil Procedure section 1281.4, to stay further Superior Court proceedings pending arbitration and to vacate the current trial date. Defendant so moves on the grounds that: (1) the claims before this Court and those ordered to arbitration have overlapping issues; and (2) a stay would serve the interests of justice and promote judicial effciency. Where the Court orders some,...

Excerpt: ...motion for change of venue. The Court hereinafter refers to this document as the Declaration. On September 18, 2023, Plaintiff filed a "Motion for Order Trasnfering [sic] Case to Orange County Jurisdiction based on CCP S 397 & Renewal of Motion CCPS 571.44." The caption of this document indicates a hearing date of October 11, 2023. The Court hereinafter refers to this document as the Motion. By Minute Order dated October 11, 2023, the Court conti...

Excerpt: ... Defendants waived any objection to the defect by failing to raise such objection and by submitting a notice of non- opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 cal.App.3d 925, 930.) 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 ...

Excerpt: ...dants/cross- Defendants Michael L. Holcomb and Maria C. Holcomb (collectively "Defendants") move for an order allowing the Defendants to file Amendments to their Answers to include affrmative defenses of (i) an implied easement and (ii) an equitable easement. The Court has discretionary authority to permit a party to amend any pleading upon any terms as may be just. (Code Civ. Proc., S 473, subd. (a)(l).) Plaintiffs Eugene Traverso, Jr. and Joan ...

Excerpt: ... each of Plaintiff's causes of action on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. We Is Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party moving for summary judg...

Excerpt: ...rly before the Court. A. PRELIMINARY MATTERS Defendant Tudal Winery, LLC moves, "for an Order granting its Motion to Compel Request for Production - of Documents, Set Three as filed herewith, and Request for Sanctions." (Notice of Motion at 1:25-26.) The statement is circular and of no assistance to the Court in attempting to understand the precise nature of the relief sought by the motion. "A notice of motion must state in the opening paragraph ...

Excerpt: ...laim of lien, as required pursuant to Civil Code section 8460. 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 opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the...

Excerpt: ...or trial within 120 days, or at the earliest possible day thereafter. Defendant so-moves on grounds that he is 81 years of age and therefore entitled to preference as a matter of law. "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the pa...

Excerpt: ...at cause of action. A plaintiff may move for judgment on the pleadings on grounds "that the complaint states facts suffcient to constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (Code Civ. Proc. S 438, subds. (b)(l) and (c)(1)(A).) "To state a cause of achon for breach of contract, [plaintiff] must plead the contract, his performance of the contrac...

Excerpt: ...ds that (1) Defendant's memorandum of costs is untimely, (2) not all costs sought were reasonably necessary to the conduct of the litigation, (3) expert fees have not been ordered by the Court and should not be ordered for costs incurred following Defendant's "token" Code of Civil Procedure section 998 offer, and (4) some of the costs sought are not recoverable under the law. A. Applicable Law "Except as otherwise expressly provided by statute, a...

Excerpt: ...of the Estate of James Richard Dunathan (Estate), and in her capacity as the Trustee of the James R. Dunathan and Dianne R. Dunathan Revocable Trust (Trust), demur as follows to the Third Amended Complaint (TAC).I, 2 The TAC asserts, against each Defendant, causes of action for (First) Breach of Contract, (Second) Breach of Fiduciary Duty, (Third) Fraud/Deceit, (Fourth) Unlawful Business Practices, (Fifth) Negligent Misrepresentation, and (Sixth)...

Excerpt: ...expired ended prior to the service of the subject subpoena.2 "If a subpoena requires... the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notce and an opportunity to be heard, may make an order quashing the entirely, modifying it, or directing compliance with it upon those terms or c...

Excerpt: ...he basis for this motion is that Plaintiff had five years to bring this action to trial. Those five years, excluding the period where this action was on appeal, have now expired, and no trial date is set." (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. Moving party is directed to immediately provide, by telephone call AND email, the missin...

Excerpt: ... quashing service of the Complaint by Publication is MOOT. Defendant is granted 30 calendar days to file a pleading in response to the Complaint filed by Plaintiff on May 20, 2021. Defendant Jacob Mills moves for an order setting aside the entry of default and default judgment and further moves for an order quashing service of the Complaint by Publication. "The Motion to Set Aside Entry of Default and Default Judgment and Moton to Quash Service o...

Excerpt: ... or law which have come to light and were not able to be presented at the time of the making and hearing of the prior motion." (Notice of Motion at 1:24-2:3.) Movant brings the motion on grounds that, "there are new and different facts that have arisen, and such facts establish and confirm that there is ample good cause for the relief, and on the grounds that the Defendant would be severely prejudiced absent such relief, and Plaintiffs would suff...

Excerpt: ...in the form of a default judgment, against RLM and REYES; or, alternatively 2) imposing evidence, issue, and monetary sanctons pursuant to Cal. Civ. Proc. Code S (Notice at 2.) "This Motion is made pursuant to Code of Civil Procedure Cal. Civ. Proc. Code S 2023.010 on the grounds that RLM and REYES have willfully refused to respond to THIRD STREET's written discovery in defiance of this Court's Order of January 25, 2022 compelling RLM and REYES t...

Excerpt: ...s set forth in the Second Amended Complaint (SAC). Individual Defendants contend that each ofthe IIED and Wrongful Death Claims is barred by governmental immunity and workers' compensation exclusivity and because Plaintiff fails to allege facts sufficient to state a claim. (See Notice of Demurrer at 2:5-10.) This represents the Individual Defendants' third demurrer to these causes of action. The Court sustained each of the previous demurrers, as ...

Excerpt: ...ird Street's costs and attorney's fees incurred in prosecuting Syar's affirmative claims against Defendants RLM Construction Services, Inc. ("RLM") and Michael Reyes ("Reyes") and (2) all fees incurred in connection with the instant Motion. Specifically, Third Street requests that the Final Judgment be amended to reflect Third Street's entitlement to recover its attorney's fees in the amount of $83,032.00 and costs in the amount of $2,353.58. Thi...

Excerpt: ...to any of the Defendants; 2. Enjoins and restrains the Defendants, their agents, attorneys, or assigns from instituting any action or proceeding in any state or federal court against Jackson related to the life insurance policy or the policy proceeds; 3. Directs any party, person, or entity to whom any portion of the proceeds with the Court is eventually disbursed to (1) advise Jackson's counsel of record of the amount, and (2) provide Jackson's ...

Excerpt: ... pursuant to Code of Civil Procedure sections 2025.410, 2025.420, and 2031.050, for an order staying AIGSlC's Person Most Knowledgeable ("PMK") deposition and quashing the deposition notice and a protective order prov-ding that AIGSIC need not sit for the deposition or produce documents in response to Plaintiffs' recent discovery requests. The motion is brought "on the grounds that allowing the depositions to proceed as noticed would subject Defe...

Excerpt: ... to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under ü)cal 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. Plaintiff Jack Wet...

Excerpt: ... cause of action for Determination of Invalidity of Sixth Amendment to Miller Family Trust Based Upon Undue Influence (Civil Code section 1575) asserted against her through the Third Amended Petition and Complaint (TAPC) filed October 2, 2020. The moton is DENIED in all other respects. A. PRELIMINARY MATTERS Respondent, the trustee and a beneficiary of the Miller Family Trust (Trust), moves, pursuant to Cade of Civil Procedure section 437c, for s...

Excerpt: ...9. The moving party is therefore 1 All subsequent statutory references herein are to the Government Code unless otherwise noted. directed to immediately prov-de, 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 who represent...

Excerpt: .... "The Cross-complaint in Intervention asserts three causes of action: 1) Due Process Violation of the Fourteenth Amendment of the U.S. Constitution and California Consttution - Cal. Const. Art. 1, S 7, U.S. Const„ l, XIV, 42 U.S.C. S 1983; 2) Declaratory Relief; and 3) Violation of Equal Protection Clauses of California and U.S. Constitution - Cal. Const. art 1, S 7, 42 U.S.C. S 1983." (Notice at 1.) A. Mandatory Intervention is Denied Because...

Excerpt: ...ument 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. [2] ANDREW TUCK BECKSTOFFER'S MOTION FOR RELIEF FROM FEBRUARY 24, 2023 ORDER AND FROM JULY 18, 2023 ORDER TENTATIVE RULING: The request for relief from the February ...

Excerpt: ...t Allegations) from Plaintiff's Second Amended Complaint (SAC) on grounds that the allegations are irrelevant, false or improper, "including allegations which are at variance with prior factual allegations and incorporated documents contained in earlier pleadings...." (Notice of Motion at 2:23-28.) Defendants clarify the nature of the motion through their Memorandum filed in support thereof (Support Memo). "This Motion to Strike is addressed to t...

Excerpt: ...Case No. 21CV000226 ('226 FAC). Defendant requests entry of judgment, with leave to amend, on grounds that: (a) Plaintiffs each failed to allege valid standing under the applicable wrongful death statute; and (b) the subject "complaints fail to state facts sufficient to constitute a wrongful death cause of action against defendant for loss of filial consortium (parent's loss of a child) damages." (Notice of Motion 2:4-14.) A. LEGAL BACKGROUND A m...

Excerpt: ... ordered to meet and confer regarding mutually agreeable trial dates and be prepared to discuss these dates with the Court at the hearing. Plaintiffs Eugene and Joan Traverso ("Plaintiffs") move, pursuant to Rule 3.1332 of the California Rules of Court, to contnue the November 13, 2023 trial in this matter for four months. Contrary to Plaintiffs' representation, "continuances of trials are disfavored." (Rules of Court, rule 3.1332, subd. (c).) "A...

Excerpt: ...0. Defendants are directed to provide notice of entry of order. Defendants M7 Wine Solutions, Inc. and Alexander Thomas Dolson (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 1987.1 and 2025.480, for an order directing non-party DPG Trucking Inc. ("DPG Trucking") to comply with two deposition subpoenas for production of business records issued by Defendants on or about June 2, 2023 and June 20, 2023 (collectively, ...

Excerpt: ...hich the attachment is based. [41 (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [q] (4) The amount to be secured by the attachment is greater than zero." (Code Civ. Proc. S 484.090, subd. "Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where th...

Excerpt: ... on August 16, 2023.1 Petitioner further requests an award of attorneys' fees, pursuant to Code of Civil Procedure section 1987.2, subdivision (a), in the amount of $2,160 on grounds that "any opposition to this motion is without substantial justification." (Notice of Moton at 2:10-13.) Through the Opposition, Respondent requests an award of attorneys' fees pursuant to the same authority. 1 All statutory references herein are to the Code of Civil...

Excerpt: ...Plaintiffs and Defendants Okell Holdings, LLC, Jason Anderson, and Lisa Lawley ("Defendants") and embodied in the Binding Settlement Term Sheet and full-form Settlement Agreement and Release; (2) an order determining that proposed site #2 for the relocated shooting range is the site most consistent with the parties' settlement agreement; (3) an order directing that site #2 be incorporated into the parties' full form settlement agreement; (4) an o...

Excerpt: ...ED with respectto Exhibit 81 to the AIG Coffin Declaration. The Court Clerk is directed to file under seal Exhibits 30, 57, 62, 67, 78, 79, and 87 to the AlG Coffin Declaration, Exhibit 4 to the AlG Kaminski Declaration, Exhibits 8 and Eto the Voronin Declaration, Exhibits 7, 8, 9, and 14 to the Arch Ridley Declaration, and Exhibits I(b) and I(c) to the Homeland Compendium. The Court Clerk is further directed to remove from conditional sealing an...

Excerpt: ...onomy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order ... that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." (Code Civ. Proc, S 598; see also S 1048, subd. (b).) "The alter ego doctrine is strictly limited by the demands of equity; it applies 'only in narrowly defined circumstances and only w...

Excerpt: ...division (a), for terminating sanctions against Plaintiff Maria RINlriguez, dismissing Plaintiff's claim with prejudice, on grounds that "Plaintiff repeatedly violated this Court's order compelling her to serve code-compliant discovery responses and to pay monetary sanctions; failed to prosecute or participate in the lawsuit; and failed to respond to any communication from this defendant related to to discovery, among other issues." (Notice of Mo...

Excerpt: ...IED. The Court orders the Clerk to STRIKE the First Amended Complaint filed on July 25, 2023 on the grounds that it was filed without leave of Court. (Code Civ. Proc, S 435, subd. (b).) Plaintiff is granted 5 Court days' leave to file the First Amended Complaint in substantially the same form as attached as Exhibit A to the Thomas Decl. Plaintiff Daniel Novella moves, pursuant to Code of Civil procedure section 473, subdivisions (a)(l) and (2), f...

Excerpt: ...t be held in contempt of this Court's order to pay sanctions. The Court finds that the Declaration of Matthew R. Mraule is suffcient to make a prima facie showing of (1) a valid order, (2) the alleged contemner's knowledge of the order, and (3) noncompliance. (See Inland Counties Reg'l Ctr„ Inc. v Super. Ct. (2017) 10 CA5th 820, 827.) Defendants are directed to submit a proposed order to show cause (OSC) re contempt that is directed to the accu...

Excerpt: ...rey Willis. 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 ...

Excerpt: ... and "Plaintiff does not have the capacityto sue (C.C.P. 430.1(b)) because he has already compromised his claims and said compromise was approved by a judge of the Worker's Compensation Appeals Board." (See Demurrer.) By Minute Order dated July 25, 2023, the Court sustained with leave to amend Tesla's previous demurrer to Plaintiff's original complaint on the ground that all four of Plaintiff's causes of action were barred by the Worker's Compens...

Excerpt: ...ice of Non-opposition, filed on or before September 20, 2023, the matter will be CONTINUED to September 26, 2023 at 8:30 a.m. in Dept. A. As the Motion stands, August 23, 2023 was the last day for service, by electronic means, of a notice and papers filed in support of a motion set for hearing on September 19, 2023. (See Code Civ. Proc., SS 12c, subds. (a) and (b), 1005, subd. (a), and 1010.6, subd. (a)(3)(B).) The evidence of service before the ...

Excerpt: ...dar days of service of notice of entry of order, sanctions in the amount of $1,21W. Plaintiff is ordered to provide notice to Defendant. 1 The Court acknowledges Footnote 2 in Plaintiffs' Reply brief which states that "[t]here is no dispute among the parties that . . does not . Exhibits 8 and E to the Voronin Declaration may be sealed." (Reply at 2.) However, this remedy the notice defect because (1) it is not a waiver by Voronin, as it is merely...

Excerpt: ...f Civil Procedure secton 437c, for summary judgment on Plaintiff's Complaint, or in the alternative, summary adjudication on each of the three causes of action asserted against Mahers therein. Mahers so- move on grounds that undisputed evidence establishes that Plaintiff "purchased his property...in 2021 knowing [Plaintiff] had no easement rights to use a private driveway...on the Mahers' property" and as a result, Plaintiff is unable to prevail ...

Excerpt: ...e alter ego allegations are insufficient is OVERRULED. Defendants Kalaris and Kalaris Family Vineyard LLC's ("LLC") (collectively, "Defendants") demurrer as to the first cause of achon is OVERRULED. Defendants' demurrer as to the second, third, fourth, and fifth causes of action is SUSTAINED. Plaintiff is granted 10 days' leave from notice of entry of order to amend. (See Rules of Court, rule 3.1320, subd. A. Introduction Kalaris generally demurs...