Excerpt: ...this matter on April 20, 2023" on grounds that the parties agreed to such terms orally at a judicially supervised settlement conference. "If parties to pending litigation stipulate...orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction overthe parties to enforce the settlement until pe...

Excerpt: ...intiff ha[s] not pled any facts that support their request for attorney's fees against [GPIA]." (Mohon to Strike at 3:12-15.) Through the SAC, Plaintiff purports to assert claims of (Sixth) Negligent Misrepresentation and (Seventh) Professional Negligence against Defendant GPIA (See SAC at 14:19-16:12.) On these claims Plaintiff prays for, among other relief, "compensatory damages in an amount to be proven at trial, including attorneys' fees allo...

Excerpt: ...uce to Defendants' counsel of record a further verified, code-compliant response to Form Interrogatory No. 17.1; and (3) pay to Defendants, care of their attorneys of record, monetary sanctons in the amount of $2,160. Defendants Michael L Holcomb and Maria C. Holcomb move, pursuant to Code of Civil Procedure sections 2030.300, subdivision (a) and 2033.290, subdivision (a) for an order compelling Plaintiff Joan Traverso (Plaintiff) to provide furt...

Excerpt: ...and that the failure to timely serve such responses was the result of mistake, inadvertence, or excusable neglect.2 The subject discovery consists of requests for production of documents, requests for admission, and form and special interrogatories propounded by Defendant Valley Rock Foundantion (VRF) and special interrogatories propounded by Defendant Dr. Robert White (Dr. White). (The foregoing discovery is referred to herein as Subject Discove...

Excerpt: ...uired by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the 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 n...

Excerpt: ...Amended Complaint (TAC) the prayer for punitive damages and all references thereto. The Court notes that Defendant Sean Stapleton filed, together with Brad Stapleton and WCPS, an answer in response to the TAC. However, Sean Stapleton does not join in the present motion. (See Notice of Motion.) The Court rules on Defendants' Request for Judicial Notce as follows: Exhs. A and C: GRANTED, but not for the truth of matters alleged in the subject docum...

Excerpt: ...al Examination." Defendants concede that they are required, pursuant to Code of Civil Procedure section 2032.310, to obtain leave of Court in order to conduct the desired examination. "The court shall grant a motion for a physical or mental examinaton under Section 2032.310 only for good cause shown." (Code Civ. Proc., S 2032.320, subd. (a).) The Court finds as follows. On February 25, 2022, Plaintiff served Defendants with his Supplemental Respo...

Excerpt: ... demand nos. 1, 2, 5, 7, 13, 14, and 15 of Defendants' First Demand for Inspection of Documents (Subject Discovery).2 Defendants move on grounds that OHC has failed, without justification, to comply with its representation that it would produce all responsive documents. Defendants also move, pursuant to sections 2023.030, subdivision (a), 2031.310, subdivision (h) and 2031.320, subdivision (b) for an award of monetary sanctions against OHC in the...

Excerpt: ... 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 present at the hearing. "[A]ny party shall be entitled as a matter of right to c...

Excerpt: ...e ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the 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, rega...

Excerpt: ...arties' dispute regarding the proper scope of the document requests attached to the deposition subpoena. The reference pursuant to this order is limited to the proper scope of the document requests attached to the deposition subpoena of Aaron Pott, and the deposition notice of Spencer Hoopes which is the subject of the concurrent motion to compel. The parties are directed to meet and confer to select a discovery referee. "If the parties do not ag...

Excerpt: ...s, without objections, and documents in compliance with the Court's April 18, 2023 discovery order within 15 calendar days of service of notce of entry of order. This represents Defendant's second motion to compel the subject discovery. On May 24, 2023, the Court granted each of Defendant's respective motions to compel Plaintiff to to form interrogatories, special interrogatories, and requests for production of documents. The Court further ordere...

Excerpt: ...ses...." (Notice of Motion at 2:8-10.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requ...

Excerpt: ...equired 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 belated requests for oral argument or continuance of 1 hearing, made by any party who represents it did not timely receive the required notice, regardless of whether...

Excerpt: ...q„ "to stay, quash, and/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Co...

Excerpt: ...endant California Department of State Hospitals ("DSH") demurs to each cause of action asserted through the First Amended Complaint (FAC) by Plaintiff Rosela Lee ("Plaintiff"), an individual and as Successor-in-Interest to Victoria Jarvis, an individual, deceased ("Decedent"). DSH demurs on grounds that "Plaintiff lacks standing to assert causes of action one through four" and that Plaintiff's fifth cause of action for intentional infliction of e...

Excerpt: ...t to show a reasonable probability that they will prevail on the merits of their claims, they will be ordered to furnish a security in the amount of $72,395 m, no later than 15 court days' following notice of entry of the Court's ruling on the motion. (S 391.3, subd. (a).) The stay of proceedings pending outcome of the present motion shall continue "until 10 days after the required security has been furnished and Defendants have given written not...

Excerpt: ...s, Set One; and Request for Production of Documents, Set One. Plaintiff is further directed to pay to Defendant, care of Defendant's counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $1,460.00. Defendant Robert Jordan moves for an order compelling Plaintiff Orlando Ricardo Sanchez dba El Dorado Roofing to respond to Jordan's Form Interrogatories, Set On...

Excerpt: ...nd/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Court granted Defendant L...

Excerpt: ... in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party ...

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

Excerpt: ...e of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represent...

Excerpt: ...to produce responsive documents and to serve supplemental and/or amended responses to Request for Production of Documents, Set 2 (Subject Discovery)l . Czap so moves on grounds that Plaintiffs have failed to serve proper responses to the Subject Discovery. Finally, Czap moves, pursuant to sections 2023.010, 2023.030, and 2031.320, for an award of monetary sanctions against Wang in the sum of $13,487.50. The moving party failed to include in the n...

Excerpt: ...edure, section 430.41, subdivision (b); and whether they may assert a novel argument in support of their demurrer to the sixth cause of action for wrongful death, as discussed below. Plaintiff is granted leave to serve and file, no later than June 8, 2023, a supplemental opposition addressing the same issues and/or DSH's arguments thereon. A. PRELIMINARY MATTERS Defendant California Department of State Hospitals ("DSH") demurs to each cause of ac...

Excerpt: ... 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. Defendants Gino Bartalotti and Christopher Bartalotti move for an order setting aside judgments entered in fawr of Plaintiff Gordon Flesch Company in this action on the grounds of "improper a...