Excerpt: ...2033.290, for an order compelling Cross‐Defendant Albert Czap to serve further verified responses, without objections, to Form Interrogatory Nos. 2.11, 12.4, 13.1, and 17.1 and Request for Admissions Nos. 1‐3, 9‐10, 13‐16, and 21‐26 on the grounds that Czap “has failed, without justification, to serve proper responses to these Discovery Requests.”1 (Notice of Motion at 2:4‐8, 11‐13.) Wang also moves, pursuant to sections 2023.01...

Excerpt: ...lfth, Thirteenth, Sixteenth, and Seventeenth Causes of Action in the Second Amended Complaint (“SAC”) filed by Plaintiff Genevieve Walsh (“Plaintiff”). 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 requirem...

Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...

Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...

Excerpt: ...�Defendants”). 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. However, the Court may grant belated requests for oral argument or con...

Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH 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...

Excerpt: ...k of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...

Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...

Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...

Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...

Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...

Excerpt: ...AGA Claims from her “representative” PAGA claims and dismissing the latter is DENIED. Plaintiff is ordered to arbitrate her PAGA claims. Finally, the Court concludes that whether or not Plaintiff waived her right to bring class‐action claims is an issue properly left for the arbitrator to decide. Defendant Ole Health moves, pursuant to the Federal and California Arbitration Acts for an order compelling Plaintiff Angelica Infante to submit h...

Excerpt: ...ction (Oct. 11 Minute Order). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the pri...

Excerpt: ...dure section 1005 or Rules of Court, rule 3.1300, subd. (a). “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing” with additional time depending on the method of service. (Code Civ. Proc., § 1005, subd. (b).) • There is no proof of service of the instant motion on the opposing parties in the court file, in violation of Rules of Court, rule 3.1300, subdivision (c). “Proof of service of t...

Excerpt: ...y shall request oral argument pursuant to Local Rule 2.9 and provide an explanation. I. PROCEDURAL MATTERS Defendants Hoopes Family Winery Partners, LP, Hoopes Vineyard LLC, and Lindsay Blair Hoopes (“Hoopes” or “Defendants”) move, pursuant to Code of Civil Procedure sections 435 and 436, to strike certain portions of the Complaint filed by Plaintiffs Napa County and the 32 People of the State of California ex rel. Thomas Zeleny, as Inter...

Excerpt: ...judgment/adjudication deadline. The Club moves on the grounds that Mr. Voronin has repeatedly impeded the Club's ability to take his deposition without substantial justification, has not provided any available dates for deposition, and has otherwise kept the Club in the dark about when dates will be forthcoming. “If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410,...

Excerpt: ...arty/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 M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...

Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...

Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...

Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...

Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. 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....

Excerpt: ...he 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 Walmart, Inc. (Walmart) moves for an order compelling non‐party witness Pacific Rehabilitation & Sports Radiology Department (Pacific Rehabilitation) “to produce documents listed in the subpoena which is in...

Excerpt: ...2018, she was a partner at Coombs & Dunlap, LLP. She worked in a different area of law than Mr. Malcolm Mackenzie and has no firsthand knowledge of the subject matter set forth in his declaration. She can be fair and impartial in this matter. TENTATIVE RULING: The motions are DENIED. I. PROCEDURAL MATTERS Respondent Frank J. Ballentine (“Frank”), individually, as successor trustee and beneficiary under The William V. Ballentine and Betty P. B...

Excerpt: ...ient to state a claim against these moving defendants under Labor Code section 1102.5 (Section 1102.5). A motion for judgment on the pleadings may be made on the ground that the complaint fails to state facts sufficient to constitute a legally cognizable claim. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Sofias v. Bank of America (1985) 172 Cal. App. 3d 583, 586.) Individual Defendants argue that Section 1102.5 does not provide for liability o...

Excerpt: ...or an order cleaving Plaintiff's “individual” PAGA Claims from her “representative” PAGA claims and dismissing the latter; and order Plaintiff to arbitrate her PAGA claims. However, the hearing is CONTINUED to December 15, 2022, at 8:30 a.m. in Dept. A to permit the parties to brief issues relating to Defendant's request to dismiss Plaintiff's class claims, as discussed below. Defendant Ole Health moves, pursuant to the Federal and Califo...

Excerpt: ...e‐trial statutory deadlines shall flow from the continued TMC date. The Mandatory Settlement Conference shall remain on calendar for March 2, 2023 at 8:30 a.m. in Dept. MSC. If any of the parties are unavailable on the trial date set above, the parties shall meet and confer on an alternative date consistent with this tentative ruling, and either submit a stipulation to inform the Court of the agreed‐upon trial date or put the matter on for a ...

Excerpt: ...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. Plaintiff Capital One Bank (USA), N.A. (Capital One) moves, pursuant to Code of Civil Procedure section 473, subdivision (b) (Section 473(b)), to set aside the default jud...

Excerpt: ...o plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) Respondent here seeks an order quashing the September 16, 2022 service on grounds that it was not served in conformity with the relevant provisions of the Code of Civil Procedure. (See Code...

Excerpt: ...cussion below. (Rules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Frattini demurs to the complaint filed by Plaintiff Lan Thi Tran Nguyen (“Plaintiff”), pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), on the ground that all causes of action fail to allege facts sufficient to constitute a cause of action and are fatally uncertain. The moving party failed to include in the notice of this motion proper...

Excerpt: ...time to file [] a responsive pleading.” (Notice at 2.) “This motion is made on the grounds there is good cause to allow the filing of an amended complaint adding in as plaintiff Edward Sanchez as his cause of action for wrongful foreclosure is for the same real property in which current plaintiff Christopher Bearman is also alleging wrongful foreclosure.” (Ibid.) Sanchez cites Code of Civil Procedure section 473, subdivision (a)(1), and Rul...

Excerpt: ...d (2) to the first and second causes of action on the grounds that “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the Complaint and incorporated therein by reference.” (See Demurrer at 1:23‐2:28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or ...

Excerpt: ...ents' request for an order vacating or correcting the arbitration award is DENIED. The Petition to Confirm the Award is GRANTED. The Court orders the Clerk to set the matter for a Case Management Conference on December 14, 2022, at 8:30 a.m. in Dept. A. A. PROCEDURAL MATTERS Defendants / Petitioners Napa Creek Village, LLC, Barbara L. Meyer, and U.S. Fire Insurance Co. (Petitioners) petition the Court, pursuant to Code of Civil Procedure, section...

Excerpt: ...served as Defendant's Director of Nursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. It appears, however, that Defendant did produce the witne...

Excerpt: ...t filed June 22, 2022, and that filed October 24, 2022, are GRANTED. The Court takes judicial notice of Napa County Code, section 15.04.080, Napa County Ordinance Nos. 1020, 1109, and 1160, and the 1991, 1994, and 1997 Uniform Building Codes. The Court rules on the objections to Peletta's evidence asserted by responding parties Francis Wang and Laura Young (collectively the Wangs) as follows: Objection No. 1: Sustained as to 39:22‐24 and overru...

Excerpt: ... and Sudha Sawkar (collectively, “Plaintiffs”). Defendants also seek their attorneys' fees and costs incurred in connection with this motion. The motion is made on the grounds that “[t]he Notice is void on its face for failure to comply with the mandatory notice requirements of the Code of Civil Procedure and for plaintiffs' failure to verify their complaint.” (Notice of Motion at 2.) Defendants' Request for Judicial Notice (“RJN”) of...

Excerpt: ... sections 473c, subdivision (a)(1), and 576, for leave to file a fourth amended complaint. The motion is brought “on the grounds that the interests of justice will be served if plaintiffs are allowed to revise their sixth cause of action for declaratory [relief] to remove all doubt that the only requested relief is a judicial determination that the 2005 Agreement did not terminate when plaintiffs reconstructed and remodeled their house and barn...

Excerpt: ...ary injunction should not be ordered restraining and enjoining Defendants, their agents, and employees, and each of them, during the pendency of this action from erecting or using in any manner or form any obstruction on Plaintiffs' access easement as depicted in the Map of the Lands of Carter A. Martin, et ux, Recorded July 13, 1980 in Book 11 of Parcel Maps at Page 59, Napa County Records. In Plaintiffs' Notice of Order to Show Cause, they fail...

Excerpt: ...ocal 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 who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...

Excerpt: ...‐Defendant Finnuala Hanifan (“Finnuala”) moves for an order compelling Defendant and Cross‐Complainant Silverado Resort Investment Group, LLC dba Silverado Resort (“Silverado”) to produce Defendant and Cross‐Complainant Adrian Gonzalez's (“Gonzalez”) company cell phone. Finnuala further moves for sanctions in the amount of $2,100 pursuant to Code of Civil Procedure section 2023.010, subdivisions (d)‐(f). On July 15, 2022, Finn...

Excerpt: ...ursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on the grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. While the moving party includes an abstract reference to the Court's tentative ruling sy...

Excerpt: ...ements. To clarify, the Court is not granting Peletta leave to present any additional evidence. The Wangs are granted leave to file, no later than October 27, 2022, a sur‐sur‐reply of no more than 3 pages addressing any issues raised in the sur‐reply. A. PROCEDURAL MATTERS Defendant and Cross‐Complainant Peter Peletta moves for summary adjudication of Plaintiffs' claims for easement by prescription, equitable easement, on his eighth affir...

Excerpt: ...37 and 46 and the Prayer, Paragraph 6, in their entirety. 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. However, the Court may grant ...

Excerpt: ...dy (collectively, “Defendants”) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (b) and (c), and 2031.300, subdivisions (b) and (c), for an order compelling Plaintiff Terry Francis to provide responses, without objections, to the Supplemental Interrogatories, Supplemental Requests for Production of Documents, Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set...

Excerpt: ...ith the requirements under Code of Civil Procedure section 1005, subdivision (b), and to file a proof of service required by Rules of Court, rule 3.1300, subdivision (c). Plaintiff Portfolio Recovery Associates, LLC (“Plaintiff”) moves, pursuant to Code of Civil Procedure section 473, for an order vacating the judgment against Defendant Xavier Gonzalez (“Defendant”) and requests that the Court enter a dismissal without prejudice. Defendan...

Excerpt: ... Initial Moving Papers In an effort to avoid confusion, the Court begins with a brief discussion of the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed belo...

Excerpt: ...expert disclosures are extended based on the new May 11, 2023 TMC date. Defendants Jack Neal & Son, Inc., Frank Brower Grant, Jr. and JNS, LLC (“Defendants”) move, pursuant to Rule 3.1332 of the California Rules of Court, to continue the October 31, 2022 trial and all current pretrial deadlines in this matter to May 2023 and to continue all pretrial deadlines. The moving party failed to include in the notice of this motion proper notice of th...

Excerpt: ...ial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) The bulk of the proposed changes are a host of novel factual allegations supporting a fraud claim, based on a cent...

Excerpt: ...omplainants”) Requests for Production of Documents, Set One no later than 15 calendar days after notice of entry of the present order. Mr. Nguyen and his counsel are ordered to pay to Cross‐ Complainants, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the total amount of $4,413.75. Cross‐Complainants move, pursuant to Code of Civil Procedure section 2031.300, subdivisions (b) and (c)...

Excerpt: ... A. Lawson (“Mr. Lawson”), as the managing member and Chief Executive Office of Defendant, for up to five days or, under Code of Civil Procedure section 1219, subdivision (a), until Defendant has complied with the Court's Order and paid all outstanding sanctions and penalties, and (3) an order awarding its attorney's fees and costs incurred in connection with this Motion in the amount of $3,337.50. The moving party failed to include in the no...

Excerpt: ...nable costs to distribute payment to the Class once collected from the debtors; and (3) to clarify the timing of the payments to the Class now that the timing and amount of collection is reasonably certain to maximize efficiency.” (Ex Parte Application at 2:4‐9 (App.).) The relief sought requires Plaintiff to proceed by noticed motion. Plaintiff relies on Code of Civil Procedure, section 685.040 which provides that, “[a]ttorney's fees incur...

Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ...es for an order awarding attorney fees in the amount of $4,800.00 incurred in bringing this Demurrer, plus additional fees to be added upon the filing of a Reply, plus filing fees.” (Notice of Hearing at 2:7‐9.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or cross‐complaint has been filed may object, by demurrer or answer as provid...

Excerpt: ...ocal 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. By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant Cliff Reno's previous violations of the October 16, 2018 judgment (“Judgment”) ...

Excerpt: ...Hogins, together, “Cross‐Defendants”) move, pursuant to Code of Civil Procedure1 section 425.16, subdivision (a), 474, and 576, for an order striking “the allegations in Paragraph 13 of the First Amended Cross‐Complaint (“FACC”), the Fifth and Sixth Causes of Action for Defamation and Intentional Interference with Economic Relations, respectively, and Paragraph 62 in the Eighth Cause of Action referring to ‘defamatory, misleading,...

Excerpt: ...uly 21, 2022, Mr. Le declared that he “lives in southern California and reserved an Airbnb for three weeks starting July 27 in anticipation of the trial. Because of the trial continuance and unknown trial date, the Airbnb reservation was cancelled last minute, and Defendant's counsel received partial refund; still having to pay the remaining balance in the amount of $1,892.” (Declaration of Cang N. Le (“Le Decl.”) ¶ 4.) Mr. Le provided a...

Excerpt: ... of action and as a result the present action violates the prohibition on splitting a cause of action among multiple suits. Lawson's request for Judicial Notice is GRANTED. The Court takes judicial notice of the February 16, 2022 order in the matter of Miller v. GVM Law LLP, et al., case number 17 20CV000283, and takes judicial notice of Plaintiff's Third Verified Complaint in the same action, but, as to the latter, not for the truth of the matte...

Excerpt: .... As such, the parties shall appear for oral argument. TENTATIVE RULING: In the First Supplemental Amended Complaint (“FAC”) filed by Plaintiffs John P. and Wanda E. McGill, individually and as trustees for the McGill Family Trust 2018 (“Plaintiffs”), the fifth cause of action asserts a claim for declaratory relief regarding maintenance of an easement. (Request for Judicial Notice (“RJN”), Exh A; Declaration of James Patrick (“Patri...

Excerpt: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ..., from notice of entry of the present order, to file an answer to the Second Amended Complaint (SAC). (Rules of Court, rule 3.1320, subd. (g).) The Clerk is directed to send notice unless waived at a hearing properly requested pursuant to Local Rule 2.9. 2 A. PROCEDURAL MATTERS The Notice of Motion indicates that Defendants Jannette Hall and Norcal Gold, Inc. demur to the SAC on the grounds that Plaintiff fails to allege facts therein sufficient ...

Excerpt: ...e Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than August 30, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 6, 2022. Plaintiff is directed to serve and file, no later than August 30, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing the additional me...

Excerpt: ...ocal 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 who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...

Excerpt: ... Sheriff's Office and the Napa County District Attorney's Office (collectively, “Subpoenas”) by Defendants. The Motion is brought “on the basis that no ‘notice to the consumer' within the meaning of California Code of Civil Procedure section 2020.410, subdivision (d), was issued or served as to Plaintiffs as required under California Code of Civil Procedure1 sections 1985.3, subdivision (e), and 1985.4.” (Notice at 2.) A notice to consu...

Excerpt: ...urt, rule 3.1345, subdivision (c), no later than August 23, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 1, 2022. Plaintiff is directed to serve and file, no later than August 23, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing such meet and confer efforts. Defendant is invited to fi...

Excerpt: ...at date, the Court continued the matter and directed Defendant to provide sufficient notice to Plaintiff by serving the moving papers, as revised to reflect the continued hearing date, on Plaintiff's counsel. 12 The matter came on for a continued hearing on June 24, 2022. The Tentative Ruling advised Defendant that the Court was unable to determine whether Defendant served on Plaintiff the moving papers with the revised hearing date. The Tentativ...

Excerpt: ...CEDURAL MATTERS In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a declaration discussed below. ...

Excerpt: ...S PROCEDURAL OBJECTION TO DEMURRER In opposition, Plaintiff objects on the ground that Defendant's pleading fails to specify the grounds for the demurrer. “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross‐complaint, or answer are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc., § 430.60; Rules of Court, rule 3.1320, subd. (a) [“Each ground of demurrer must be in a...

Excerpt: ...e to amend. (Rules of Court, rule 3.1320, subd. (g).) I. PROCEDURAL MATTERS Defendants Arthur J. Gallagher & Co. (“AJG”) and Dina Smith (“Smith”) (collectively, the “Broker Defendants”) demurrer, pursuant to Code of Civil Procedure section 430.10, subd. (e), to the eighth and ninth causes of action asserted against them in the Complaint filed by Plaintiff Spring Mountain Vineyards, Inc. (“SMV”) on March 11, 2022 (“Complaint”)....

Excerpt: ... further responses to Plaintiff's First Set of Demands for Document Production on three grounds: (1) Defendant failed to identify the specific requests which correspond to the documents produced, in violation of Code of Civil Procedure, section 2031.280, subdivision (a); (2) Defendant's representation of inability to comply is inadequate, incomplete and/or evasive and Defendant's other objections are without merit or too general; and (3) Defendan...

Excerpt: ...orneys' fees incurred in bringing the motion. This is substantially the same motion brought by Plaintiff on April 19, 2022. The Court denied the April 19, 2022 motion, without prejudice, because Plaintiff had failed to served Defendant's counsel of record, Buchalter. Despite the Court's ruling on the April 19, 2022, the proof of service of Plaintiff's instant motion indicates that Plaintiff provided notice only to Defendant and not Defendant's at...

Excerpt: ...to the settlement over which SLF seeks a determination. The notice of motion indicates the settlement is with Plaintiffs. (See Notice of Motion at 1:27‐2:2.) SLF even suggests that no other party to the litigation is a party to the subject settlement agreement. (See id. at 2:16‐19.) However, and of apparent importance to SLF, it further appears that Plaintiffs assert no claim in this action against SLF. (See First Amended Complaint.) Rather, ...

Excerpt: ...ion (b). Defendant is granted 30 days to post a bond compliant with section 917.1, subdivision (b). So long as Defendant complies herewith, enforcement of Plaintiff's attorneys' fee award is stayed pending resolution of the appeal. A. PROCEDURAL MATTERS Defendant Stone Brewing Co. LLC (“Stone”) moves, pursuant to Code of Civil Procedure sections 916(a) and 917.1(d), for an order enforcing an automatic stay of Plaintiff West Pueblo Partners, L...

Excerpt: ...ct. Plaintiff argues for such relief, in essence, on the grounds that Defendant had a defense to the claims set forth in the Complaint. Specifically, Plaintiff filed this action for breach of a credit cardholder's agreement and prayed for money judgment in the amount of $6,458.45. (See Complaint.) 3 Plaintiff now argues that, in 2011, at the time the action was filed, Defendant had filed a fraud claim with Plaintiff regarding the subject credit c...

Excerpt: ...AMEND. Defendant's special demurrer for uncertainty and general demurrer on the first and fourth causes of action are OVERRULED. Plaintiffs are granted 10 days' leave to file and serve an amended complaint conforming to this ruling. (See Rules of Court, rule 3.1320, subd. (g).) Defendant is directed to provide notice. I. PROCEDURAL MATTERS Defendant Ioana Anca Bina M.D. (“Dr. Bina”) demurs, pursuant to Code of Civil Procedure section 430.10, ...

Excerpt: ...e following grounds: “(1) Trial counsel for Defendants is unavailable due to conflicts that have arisen which could not be anticipated; (2) Defendants have been unable to obtain crucial evidence, despite Defendants' diligent efforts; (3) no parties or witnesses will be prejudiced by this continuance; (4) the requested continuance would free up the court's docket at time when courtrooms and other court resources are strained by the backlog of ci...

Excerpt: ...his ruling. (See Rules of Court, rule 3.1320, subd. (g).) Cross‐ Defendant is directed to provide notice. I. PROCEDURAL MATTERS Cross‐Defendant Thang Nguyen (“Nguyen”) demurs, pursuant to Code of Civil Procedure section 430.10, to the seven causes of action asserted against him in Defendants / Cross‐Complainants' Kieu Hoang (“Hoang”), Kieu Hoang Winery, LLC (“KH Winery”), and RAAS Nutritionals, LLC (“RAAS”) (collectively, �...

Excerpt: ... the motion,” and based on their attorney's affidavit of fault. The Court is without jurisdiction to consider the motion on two separate grounds. First, there is no proof of service of the moving papers on any of the Defendants. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Because th...

Excerpt: ...aintiff Mariela Zavala De Marcelo to serve responses to Longwood's First Set of Special Interrogatories and Requests for Production of Documents and Jacques' First Set of Special Interrogatories and Requests for Production of Documents (Subject Discovery). Defendants further move for an order requiring Plaintiff and his counsel of record Mark Basil Pappas to pay monetary sanctions in the amount of $1,215. 3 The moving party failed to include in t...

Excerpt: ...omplainant V2 Wine Group, LLC's (V2) fifth cause of action for intentional interference with existing contract on the grounds that V2 is unable to produce evidence of any of the following: (1) that Pacific had, at the time of the alleged breach, knowledge of the contract provision that was allegedly breached; (2) 2 that Pacific committed any intentional act designed to induce the alleged breach; or (3) that any alleged breach was caused by any ac...

Excerpt: ...to give Defendant notice 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...

Excerpt: ...not alleged facts sufficient to constitute a defense.1 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 constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) “In addition to the facts pleaded, we may consider matters that may be judicially noticed, inclu...

Excerpt: ... objection to Exhibit Z of the Declaration of James Vorhis (Vorhis Decl.) is OVERRULED as no grounds are asserted in support thereof. The objection to the quoted portion of paragraph 2 of the Declaration of Kevin Berofsky (Berofsky Decl.) is SUSTAINED on grounds it lacks foundation and is speculative. The objections to paragraphs 3 and 4 of the Berofsky Decl. are OVERRULED. The remainder of Defendants' objections are MOOT as none of the evidence ...

Excerpt: ...Development, LLC (“Third Street”), as assignee and substituted party for Plaintiff Syar Concrete, LLC (“Syar”) (collectively, “Plaintiff”),1 moves, pursuant to Code of Civil Procedure section 437c, for summary judgment against Defendants Atlantic Specialty Insurance Company (“Atlantic”),2 RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”). RLM and Reyes are hereinafter collectively referred to as “Defend...

Excerpt: ...OCEDURAL MATTERS Defendants Gracy Towing, Samuel Gracy, and Orilea Gracy (collectively Defendants) demur, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), to the Second and Fourth causes of action asserted against them through the Amended Complaint on the grounds that each cause of action fails to allege facts sufficient to state a good cause of action and that each is uncertain. The moving party failed to include in ...

Excerpt: ...motion for summary judgment MOOT. [3] RICHARD J. PARENT M.D. AND ADVENTIST HEALTH CALIFORNIA MEDICAL GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motion is GRANTED IN PART. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to the first cause of action for negligence, second cause of action for medical battery and third cause o...

Excerpt: ...as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court and, “will not be disturbed on appeal absent a clear showing of abuse.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) However, “[i]f the motion to amend is timely made and the granting of the motion will not prejud...

Excerpt: ...ynn Maaskamp in response to Requests for Production of Documents, Set Five.”2 (Notice of Motion at 1:22‐27.) The requests that are the subject of the motion are numbered 50‐ 53, 59‐70, 72‐82 and included in Requests for Production of Documents, Set Five propounded on Plaintiff Lynn Maaskamp. (See Defendant's Separate Statement at pp. 6‐83.) Defendant's Request for Judicial Notice filed March 29, 2022 is DENIED on the grounds that none...

Excerpt: ...ve and file an Amended Opposition no later than May 25, 2022. Any Amended Opposition should be a complete and self‐contained opposition and not simply an addendum to the opposition memorandum filed April 21, 2022 and shall comply with all 2 procedural requirements for oppositions to motions.1 Plaintiff is then granted leave to serve and file, no later than May 27, 2022, a complete and self‐contained amended Reply that complies with all proced...

Excerpt: ... set for October 26, 2022, at 8:30 a.m. in Dept. A. 1 For reasons relating to the maintenance of Court files the Court does not deem pleadings attached as exhibits to other matters “filed.” 2 Defendant Greg Hoffman moves, pursuant to Code of Civil Procedure section 473, subdivision (b), “for an order granting the motion to set aside the default and default judgment in favor of Defendant” on the grounds that the failure to timely respond w...

Excerpt: ...ecord within the time limits prescribed by Code of Civil Procedure section 1005, subdivision (b). Dr. Bina is ordered to meet and confer pursuant to Code of Civil Procedure sections 430.41 and 435.5 prior to service on Plaintiffs. Dr. Bina may file and serve new moving papers so long as they are self‐contained. If Dr. Bina elects to not file new moving papers, the Court will consider those filed on March 29, 2022 as operative. Plaintiffs may se...

Excerpt: ...prior trial continuances, (2) the parties have agreed to private mediation on July 18, 2022, which falls after the current trial date of July 11, 2022, (3) a trial continuance would permit the parties to engage in settlement negotiations and avoid potentially unnecessary trial preparation costs and time, as well as additional time to conduct discovery and depositions, (4) cross‐defendant Sandin Manufacturing, Inc. only recently appeared in this...

Excerpt: ...r responses to Plaintiff's Special Interrogatories, Set Two, on the grounds that Defendant did not provide sufficient responses and that Defendant's objections thereto are without merit. 5 A civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears ...

Excerpt: ...the date that mediation has completed. The parties may stipulate to alternative timing or, as necessary, may bring a motion after having met and conferred in good faith to attempt informal resolution of any issues. The entire case is HEREBY STAYED while mediation and arbitration are conducted. However, the case management conference set for July 28, 2022 shall remain on calendar, unless vacated by dismissal of the matter upon successful resolutio...

Excerpt: ...rick Just (Plaintiff) to comply with Plaintiff's responses to Defendant's requests for production of documents numbers 3, 5, 6, 9, 10, 11 and 12, (2) to compel Plaintiff to provide further responses and documents and a statement of compliance and privilege log in response to Defendant's requests for production of document numbers 1, 2, 4, 7, 8 and 13‐32, and (3) for sanctions. Defendant's 11‐page reply brief exceeds the maximum page limit. (S...

Excerpt: ... for sale. Sylvester requests that attorney Christopher M. Pace be appointed as referee and that he be permitted to hire a realtor to sell the Property under his supervision by private sale and to enter and access the Property. 3 The subject Requests for Admission document is located in the Court's file at page 28 of Exhibit A to the Declaration of Jennifer Thomas in support of the Motion to Deem Matters Admitted. 9 Sylvester failed to provide ad...

Excerpt: ... to serve verified code‐compliant initial responses and documents to form interrogatories, special interrogatories, and requests for production of documents and to pay monetary sanctions. 6 Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including moneta...

Excerpt: ...ings in Plaintiff's favor “against Defendant” and for an award of costs on the grounds that Plaintiff's Complaint states facts sufficient to constitute a cause of action against Defendant and that based on the Court's order deeming facts admitted, Defendant's Answer does not state facts sufficient to constitute a defense to the Complaint. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of Plaintiff's Compla...

Excerpt: ...OSITION OF DUNCAN MACKENZIE MILLER TENTATIVE RULING: The motion is GRANTED IN PART. Let a protective order issue staying the deposition of Plaintiff Duncan Mackenzie Miller until May 9, 2022. The matter is also CONTINUED to May 4, 2022, at 8:30 a.m. in Dept. B for further hearing. To the extent that Plaintiff wishes to seek a further delay in the Deposition past the May 9, 2022 date, he shall, no later than April 26, 2022, file and serve a brief ...

Excerpt: ...no proof of service of the motion on Crestbrook Insurance Company. Crestbrook Insurance filed no opposition. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Moreover, the issues raised through the motion appear to be MOOT. According to the Notice of Motion, “Duncan Mackenzie Miller will...

Excerpt: ...new trial, must state...the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Petitioner failed to file a formal notice of motion. Nonetheless, the Court makes every reasonable effort to construe the ope...

Excerpt: ...he depositions of defendants Dennis Whitfield, M.D. (Dr. Whitfield) and Gansevoort Dunnington, M.D. (Dr. Dunnington) (collectively, Defendants) and compelling Defendants to appear for deposition no later than April 29, 2022. 3 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 emai...