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

Excerpt: ...ts also notice the motion as one for summary judgment on defendant City of Napa's (City) cross‐complaint on the ground that Defendants are not jointly and severally liable to Plaintiff “upon this Court's granting of the moving Defendants' summary judgment as to [Plaintiff].” (Notice at 2:10‐14.) 6 The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is dire...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. The motion...

Excerpt: ...orneys' fees incurred in bringing the motion. The proof of service of Plaintiff's motion indicates that Plaintiff provided notice only to Defendant and not Defendant's attorney of record, Buchalter. (See also Supplemental Declaration of Steven Bleasdell, ¶ 2.) Moreover, the proof of service of Plaintiff's underlying discovery requests made pursuant to Code of Civil Procedure sections 708.020 and 708.030 indicates that Plaintiff served the reques...

Excerpt: ...es her water from the City of St. Helena. She can be fair and impartial in this matter. The motion is DENIED. Plaintiff moves the Court, pursuant to Code of Civil Procedure sections 187 and 1048, for an order consolidating “for pretrial purposes” the action with the action entitled Water Audit of California v. the City of St. Helena, et al., pending as case number 21CV000859 before the Court, on the grounds that both cases involve the same qu...

Excerpt: ...eged pursuant to Civil Code section 47, subdivision (b); (2) the alleged defamatory statements are privileged based on Plaintiff's consent to their publication; and (3) Hearn suffered no damages. A. PG&E'S EVIDENTIARY OBJECTIONS PG&E's evidentiary objections suffer, generally, from a degree of uncertainty. Each written objection is required to “quote or set forth the objectionable statement or material....” (Rules of Court, rule 3.1354, subd....

Excerpt: ...h. Third Street further moves, pursuant to Code of Civil Procedure section 368.5, for an order granting leave for Third Street to be substituted in place of Syar for purposes of Syar's affirmative claims against Defendants RLM Construction Services, Inc. (RLM) and Michael Reyes (Reyes). Third Street's request for judicial notice of the Court filings in this case (Exhibits 1‐4) is GRANTED but not for the truth of the matters asserted therein. I....

Excerpt: ...ions thereto are without merit. Finally, plaintiff seeks monetary sanctions against Defendant in the amount of $1,860.00. Plaintiff acknowledges that, subsequent to Plaintiff's filing of the instant motion, Defendant produced additional responses to the subject discovery.4 (See Reply at 2:4‐6, 3:11‐ 13.) The Court shares Plaintiff's frustration at the waste of time and effort necessitated by Defendants' failure to provide the supplemental res...

Excerpt: ...endant) served on SafeWay Psychological Services (SafeWay). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (3) the subpoena is vague, ambiguous, overbroad, and not reasonably calculated to lead to the disc...

Excerpt: ...IN PART. Plaintiff shall serve, within 10 days from notice of entry of the present order, verified supplemental responses to special interrogatory nos. 4‐6 and request for production of documents nos. 1 and 3 in accordance with the discussion below. Defendant argues that the unverified responses to special interrogatory nos. 4‐6 are not complete and straightforward pursuant to Code of Civil Procedure sections 2030.210 and 2030.220, subd. (a)....