Excerpt: ...e of entry of the present order. As to the "Alter Ego Requests" (defined below), within 15 calendar days of notice of entry of the present order, Cross-Defendants shall produce copies of all responsive documents, withholding only those that it contends are, in their entirety, subject to one or both of the objections discussed herein, and redacting those that are partially subject to one or both of the objections. Cross-Defendants shall, within th...

Excerpt: ...o later than 15 calendar days after notice of entry of the present order. Plaintiffs and their counsel are ordered to pay $1,020.00 payable to Defendants' counsel within 15 calendar days of notice of entry of order. A. Procedural Matters Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, "Defendants") move for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, "Plaintiffs") to further respond to Defendants' Re...

Excerpt: ...ess Easement, Enforcement of Express Easement, and Declaratory Relief. The motion is brought on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to oppo...

Excerpt: ... First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between plaintiffs, Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Mark Jackson dba Jackson Drywall; Plough Construction; SLF Concr...

Excerpt: ...han 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $855.00. Based on the evidence produced in support of the motion the Court finds that: (a) Defendant Dalton Totty served Form Interrogatories, Set One, on Plaintiff on January 11, 2023; (b) Plaintiff did not respond in any manner to the subject interrogatories by the statutory deadline; and (c) Despite Defendant's counsel's several efforts at mee...

Excerpt: .... Defendants shall provide notice of entry of the order to Plaintiff. Plaintiff shall file, within 10 days from the notce of entry of order, an amended complaint which removes Paragraph D of the Prayer on page 3 of the Complaint. Defendants shall file an answer to the amended complaint within 10 days from service thereof. Defendants Luis Rosas and Maria Lezama (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 431.10,...

Excerpt: ...ross- Defendant RLM Construction Services, Inc. ("RLM") as to the First Cause of Acton for Breach of Express Contractual Indemnity, Second Cause of Acton for Declaratory Relief Regarding Duty to Defend, and Third Cause of Acton for Declaratory Relief Regarding Duty to Indemnify asserted in Third Street's Cross-complaint. Third Street advances two grounds for the motion. First, the express terms of the written subcontract agreement governing RLM's...

Excerpt: ...Code of Civil Procedure section 430.10, to the First Amended Complaint ("FAC") filed by Plaintiff Napa County ("Plaintiff") on the grounds that the FAC and the two causes of action stated therein for Public Nuisance Per Se and Unfair Competition fail to state facts sufficient to constitute a cause of action against Defendants. Defendants' 17-page memorandum exceeds the maximum page limit. (See Rules of Court, rule 3.1113, subd. (d) ["no opening o...

Excerpt: ...n for Writ of Mandate ("Cross-complaint") on the ground that the proposed Cross- Complaint arises out of the same transaction or occurrence as the underlying Complaint in this action and is a related cause of action as defined in Code of Civil Procedure secton 426.50 but was not pleaded as a result of the District engaging in discussion with Plaintiff in an attempt to resolve the matter outside of litigation. "A party who fails to plead a cause o...

Excerpt: ...ence of witnesses and ends of justice will be promoted by the change and that a fair and impartial trial cannot be had in this county. (Motion at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal 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 ...

Excerpt: ...aint "was [filed] for improper purposes relating to Sarah Solorio's exercise of her Constitutional rights, including the right to speech and the 'basic right of filing litigation.' [Citation.]" (Support Memo at 2:24-27; see also Rules of Court, rule 3.1110 ["La] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"].) A. PROCEDURAL MATTERS The moving party also failed ...

Excerpt: ...hall be held no later than April 7, 2023, unless stipulated otherwise. Congdon shall produce, by the agreed-upon date of her deposition, the documents requested in the subpoena subject to her previously-asserted objections. Plaintiffs' request for sanctons is GRANTED IN PART. Congdon is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $2,060. Plain...

Excerpt: ...barred as a matter of law, (3) the Second3 through Sixth Causes of Action for childhood sexual assault, negligence, negligent hiring, supervision, and retention, battery, and sexual battery are barred by Government Code section 815, and (4) the complaint fails to state a cause of action against DSH under the doctrine of superior because the alleged acts of its purported employees were not within the scope of their employment. As a procedural matt...

Excerpt: ...dant and Cross-complainant Fultz moves for three distinct forms of relief. First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Ma...

Excerpt: ...of Defendant Gene Webb's ("Defendant") financial circumstances for purposes of exemplary damages and to allow inquiry and testimony into two new defenses presented by Defendant for his failure to correct the slide condition: advice of counsel and reliance on consultant writings. The Court discusses the topics of discovery separately below. A. Discovery of Defendant's Financial Condition "No pretrial discovery by the plaintiff shall be permitted w...

Excerpt: ...Code of Civil Procedure sections 473 and 576, for "an order granting leave to amend their verified first amended cross-complaint to add causes of achon for breach of the contracts at issue in this litigation and for the purpose of adding certain real property as necessary and proper subject matter of this litigation." (Notice at 1-2.) Specifically, Cross-complainants argue that they are entitled to a judicial declaration of their interests in cer...

Excerpt: ... the grounds that Altamura is the prevailing party in the action and is entitled to fees pursuant to contract between the parties. "Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees." 2 (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...

Excerpt: ... costs. A. PROCEDURAL MATTERS 1. The Interests of Justce are Served by a Consideration of Defendant's Motion on the Merits "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court...must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case...." (Rules of Court, rule 3.1702, subd. (b)(l).) With exceptions not releva...

Excerpt: ... for Declaratory Relief 2 asserted in their Fourth Amended Complaint (“4AC”) filed on November 2, 2022, “interpreting paragraph 3 of the parties' 2005 water sharing agreement to mean that plaintiffs' right to take water from defendants' property pursuant to said agreement did not terminate upon plaintiffs' reconstruction of the house and renovation of the barn on their property.” (Notice at 2.) “The motion is made on the grounds that th...

Excerpt: ...pect to the attorney's fees. A. PROCEDURAL MATTERS Defendants Kathryn Luebcke (“Luebcke”) and David Danza (“Danza”) move, pursuant to Code of Civil Procedure sections 435 and 436 for an order to strike the following portions of the amended complaint filed by Plaintiff Lan T T Nguyen (“Plaintiff”) on December 27, 2022: (1) the claims for punitive damages on page 44, line 18 to page 45, line 10 and as requested in the Prayer for Relief,...

Excerpt: ...ainst Defendant on 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. Wells 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 movi...

Excerpt: ...able attorneys' fees in the amount of $43,550.70. Plaintiffs 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. Plaintiffs attempted to cure this failure by providing the notice on February 22, 2023. However, this does not comply with the timing requirements under Local Rule 2.9. Therefore, Plaintiffs are directed to immediately provide, by telephone call AND email, t...

Excerpt: ...”) First Amended Complaint (“FAC”) and Prayer for Relief on the grounds that the First and Second Causes of Action are not drawn in conformity with the Order of the Court and Plaintiff's request for punitive damages is barred by Code of Civil Procedure section 425.14. A. The Motion Regarding Punitive Damages is Granted “No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be includ...

Excerpt: ...A to permit the moving party to provide adequate notice of the hearing and file proper proof of service of such notice and the moving papers. Defendant Plough Construction, Inc. (Plough) moves for an order: 1) “determining that the settlement they have entered into was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6”; and 2) “dismissing and/or barring all pending or future complaints or cross-complaints against...

Excerpt: ...to rule on the matter. “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.) “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc. §1005, subd. (b).) Where service by ...

Excerpt: ...Sixth Cause of Action for Wrongful Death is OVERRULED. Defendant California Department of State Hospitals (“CDSH”) moves for an order sustaining its demurrer to two of the causes of action alleged in the Complaint filed on November 15, 2022 by Plaintiff Rosela Lee (“Plaintiff”), an individual and as Successor-in- Interest to Victoria Jarvis, an individual, deceased (“Decedent”). CDSH demurs to the Fifth Cause of Action for Intentional...

Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. On November 24, 2020, Defendants applied ex parte for an o...

Excerpt: ...bit 1 to the Memorandum be deemed filed. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant bel...

Excerpt: ...unless otherwise noted. 2 Section 631, subdivision (b) provides that “[a]t least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.” “A party waives trial by jury...[b]y failing to timely pay the fee described in subdivision (b)....” (Id. at subd. (f).) With exceptions not relevant here, “[t...

Excerpt: ...andum filed February 6, 2023. Defendants are also granted leave to file additional declarations in support of their opposition. However, the Declaration of Adam K. Tanouye filed 5 February 6, 2023, will remain before the Court and the matters declared therein need not be reasserted. If Defendants file an amended opposition memorandum, then Plaintiffs may serve and file, no later than March 3, 2023, an amended reply memorandum of points and author...

Excerpt: ...iffs are ordered to pay to Defendants, care of their attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of $430. Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, “Defendants”) move, pursuant to “the Civil Discovery Act,” for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, “Plaintiffs”) to (1) deem admitted the truth of facts to Defendants' Req...

Excerpt: ...IONS TENTATIVE RULING: The motion is GRANTED IN PART. Defendant and attorney Kurt Harris are ordered to jointly pay additional monetary sanctions in the amount of $3,410, to Plaintiff, no later than 10 calendar days after notice of entry of the present order. As noted in the Court's January 4, 2022 Order Granting, in Part, Plaintiff's Motion to Compel Further Responses to Special Interrogatories and to Compel Answers to Deposition Questions and f...

Excerpt: ...Minute Order.) On February 6, 2023, at 1:08 p.m., Defendants filed a declaration stating that the Court set an abbreviated briefing schedule for the motion on January 27, 2023, that Defendant had not received Plaintiff's moving papers which were due by February 2, 2023, and, therefore, the motion should be denied. On February 6, 2023, at 4:47 p.m., Plaintiff filed additional briefing. The Court notes that the grounds for Plaintiff's motion, and e...

Excerpt: ...”), and Calistoga Ranch Club (collectively, “Plaintiffs”) move for judgment on the pleadings with respect to Defendants and Cross-Complainants AIG Specialty Insurance Company (“AIG”), Arch Specialty Insurance Company (“Arch”), Landmark American Insurance Company (“Landmark”), Homeland Insurance Company of New York (“Homeland”), and Interstate Fire & Casualty Company's (“Interstate”) (collectively, “Insurers”) two cau...

Excerpt: ...low further briefing as discussed herein. Plaintiffs Auberge Resorts LLC (“Auberge”), Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling further responses to Plaintiffs' Requests for Production of Documents and Tangible Things, Set One, to Defendants AIG Specialty Insurance Company (“AIG”), A...

Excerpt: ...s RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”) (collectively, “Defendants”). Third Street's Request for Judicial Notice of the court records (Exhibits 1-7) is GRANTED. Defendants' Request for Judicial Notice of corporate documents (Exhibits A-F) is DENIED on the grounds that none of the subject documents are relevant to the Court's resolution of the issues raised by the present motion. B. Parties' Contentions Th...

Excerpt: ... Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests 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 movi...

Excerpt: ...t to constitute a defense as required by [Code of Civil Procedure section] 430, subdivision (a), misstates facts or asserts an inapplicable defense.” (Notice at 1‐2.) As an initial matter, the Court notes that Code of Civil Procedure section 430 was repealed in 1972. That said, Plaintiff provides the applicable statutory grounds for her demurrer in her support memorandum. (See Support Memo at 1:19‐21, citing Code Civ. Proc., § 430.20.) The...

Excerpt: ...rder and Defendants thereafter deny or delay coverage. A. Procedural Matters Defendants Hallmark Specialty Insurance Company (“Hallmark”), Western World Insurance Company (“Western World”), and AXIS Surplus Insurance Company (“AXIS”) (collectively, “Moving Defendants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the Second Amended Complaint (“SAC”) filed by Plaintiff Spring Mountain Vineyards...

Excerpt: ...oves for an order requiring Plaintiff the People of the State of California (the People) to produce the person most qualified for deposition pursuant to Code of Civil Procedure, section 2025.010, and 2025.230.1 EVIG also requests that the Court impose monetary sanctions on Plaintiff for their refusal to produce such person. Plaintiff first argues that the motion is time barred pursuant to section 2025.480, and the line of caselaw interpreting tha...

Excerpt: ...ex parte application seeking an order to, among other relief, continue the deadline by which Plaintiffs were required to file the FAC. The matter came on ex parte on August 23, 2022, with Micheal A. Thompson appearing on behalf of Plaintiffs and Nathaniel Bigger appearing on behalf of Defendants. (See August 23, 2022 Minute Order (8/23 M.O.). The 8/23 M.O. states, “Counsel advised the Court that they had entered into a Stipulation as follows:.....

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: ...�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: ...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: ... 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 $...