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