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 ...

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