Excerpt: ...ued as a shareholder without the minimum legal requirements of showing he controlled and participated directly in the alleged wrongful conduct”; (2) “there is no legal duress, no wrongful acts (allegations of actions/inaction) – essential elements of a Financial Abuse cause of action”; and (3) “[the third cause of action] relies on inadmissible and uncorroborated storytelling to contradict a fully integrated contract.” (Notice at 2.) ...

Excerpt: ... at issue and Plaintiff lives in New York state. 16 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 ma...

Excerpt: ...opez (collectively, “Plaintiffs”), in their individual capacities and as heirs and successors‐in‐interest to decedent Edelmira Ruiz Lopez (“Decedent”). Defendants bring the motion on the grounds that the undisputed material facts demonstrate that the action is barred as a matter of law by the exclusive remedy provisions of the Worker's Compensation Act (“Act”) (Lab. Code, § 3601, subd. (a) and § 3602, subd. (a).) The moving part...

Excerpt: ...ories, requests for production, special interrogatories, and requests for admissions; and (2) awarding the amount of $2,865 as reimbursement/sanctions against Defendant. I. MOTION TO COMPEL Pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280, if a party to whom interrogatories, requests for production of documents, and/or requests for admissions have been directed fails to comply with the request, then the party to whom ...

Excerpt: ...Request for Production of Documents, Set One. 5 The subject of the present motion is a single document: the original of the Sixth Amendment to the Miller Family Trust. It appears uncontroverted that in response to Plaintiff's counsel's suggestion that the document, or the signature thereupon, may have been forged, Defense undertook to lodge the original with the Court.1 As such, the subject document is no longer in Defendant's possession, custody...

Excerpt: ...ecords under Superior Court case number 19WL000052. 6 the subject roadway did not pose a substantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. I. PROCEDUR...

Excerpt: ...e Court of its election (for the lodged records to be filed unsealed). This notification must be received within 10 days of the date of the present order denying the motion to seal. (See Rules of Court, rule 2.551, subd. (b)(6).) Defendant Pacific Gas & Electric Company (PG&E) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the following documents relating to PG&E's concurrent Motion to Retain Confidentiality and Mo...

Excerpt: ...efore 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 present at the hearing. Petit...

Excerpt: ...ble conduct showing oppression, malice, or fraud under Civil Code section 3294 [subdivision] (c).” (Notice of Motion at 2:2‐11.) 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 requ...

Excerpt: ...on. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of its January 26, 2022 Minute Order. The Court takes judicial notice of Plaintiff's Complaint and Defendant's Answer in this action and Plaintiff's requests for admissions, but not for the truth of the matters set forth therein. Plaintiff failed to file a meet and confer declaration as required pursuant to Code of Civil Procedure section 439, subdivision (a)(...

Excerpt: ...l subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. 2 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 Loca...

Excerpt: ... that [CSA] owes [Fultz] an immediate duty to defend against the claims brought by plaintiffs in the above captioned matter.” (Notice of Motion at 1:22‐28.) 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 forthwit...

Excerpt: ...Plaintiff Devin Sweet's motions are GRANTED IN PART. Plaintiff's request for sanctions is DENIED. Defendant James Daniel Fagan is ordered to serve an amended verification with a code‐compliant signature as directed herein below. Defendant is further ordered to serve a privilege log pursuant to Code of Civil Procedure section 2031.240. The amended verification and privilege log shall be served within 20 calendar days of service of notice of entr...

Excerpt: ... Rosario Fregoso‐Contreras is ordered to provide verified code‐compliant responses, without objections, and documents in compliance with the Court's discovery order within 20 calendar days of service of notice of entry of order. The motion for a stay of further proceedings until the Court's discovery orders are obeyed—other than Attorney Brennan's pending motion to be relieved as counsel scheduled for March 15, 2022—is GRANTED. Defendant'...

Excerpt: ...Code of Civil Procedure section 1033.5, Rules of Court, rule 3.1702, the lease between Plaintiff and defendant Stone Brewing Co., LLC (“Defendant”), and the judgment in favor of Plaintiff entered by this Court on November 3, 2021. Defendant filed an opposition arguing that Plaintiff's requested fees are excessive. The parties do not dispute that Plaintiff is the prevailing party entitled to fees under the lease. The issue before the Court is ...

Excerpt: ...he complaint filed by Plaintiffs Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, Auberge Resorts LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) on the grounds that Plaintiffs fail as a matter of law to plead any specific conduct constituting malice, oppression or fraud by Insurer Defendants. The motion is DENIED. Insurer Defendants shall answer the complaint within 10 days of the date of this order. I. PROCEDURAL MATTERS...

Excerpt: ...otion to strike is made on the following grounds: (1) the Court's September 17, 2021 Minute Order (“Minute Order”), purportedly establishing that Plaintiff did not submit an affidavit as required under Civil Code section 2924m, “has disqualified the complaint's legal basis” under section 2924m; (2) the deficiency with respect to the affidavit is incurable; and (3) Plaintiff failed to timely serve the complaint on Defendant. Pursuant to Co...

Excerpt: ...one 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 2 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. On January 31, 2022, attorney Mainak D'Attaray, pur...

Excerpt: ...021 in the Official Records of Napa County as Document No. 2021‐0027157. Plaintiffs' motion is made on the grounds that the pleading on which the notice of pendency is based does not state real property claims, defendants Lisa Lawley, Jason Anderson, and Okell Holdings, LLC (collectively, “Defendants”) cannot establish by a preponderance of the evidence the probable validity of their real property claims, and that an undertaking will secure...

Excerpt: ...clude 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 continuance of hearing, made by any party who rep...

Excerpt: ...Inc. (“Gates”), and Defendant Matt Cordeiro (“Cordeiro”) pursuant to Code of Civil Procedure sections 387 and 1280 et seq. While there are references in the body of Fultz's petition to an order compelling Gates and/or Cordeiro to arbitrate with Fultz, such relief and the basis for that relief are not properly specified or defined in Fultz's moving papers. For example, it is unclear to the Court what dispute Fultz would be attempting to se...

Excerpt: ...to interrogatories.1 The Court notes that Plaintiff filed no papers in opposition to the motion. The Court is unable to determine if the notice of motion and supporting papers were properly served on Plaintiff. The Proof of Service on file indicates service was accomplished electronically. This case was filed before January 1, 2019. Therefore, electronic service is only permitted where the party has given its consent or by Court order. (See § 10...

Excerpt: ...ntional infliction of emotional distress asserted through the First Amended Complaint (FAC). By Minute Order of November 18, 2021 (Order re: Original Demurrer) the Court sustained FPI's demurrer to the same purported causes of action as asserted through the original Complaint. Plaintiff amended the pleading by adding the allegations of paragraph 49 of the FAC, which allegations are repeated in paragraphs 56 and 67. A. Sixth Cause of Action – Vi...

Excerpt: ...with. 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. Defendants IA Lodging Napa Solano TRS, L.L.C., IA Lodging Napa Solano L.l.C., and Sage Client 417 LLC (collectively Mov...

Excerpt: ...opriate, going forward. Defendant and Cross‐Complainant Fultz Construction, Inc. moves, pursuant to Code of Civil Procedure section 473 and Rules of Court, rule 3.1324, for leave to file a first amended answer to Plaintiff's First Amended Complaint to add a thirteenth affirmative defense. 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...

Excerpt: ...se of action asserted through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts therein sufficient to state a good cause of action. NVP's Request for Judicial Notice is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. A general demurrer will lie “where the complaint has included allegations that clearly disclose some defense or bar...

Excerpt: ... Request for Admission numbers 4, 5, 6, 7, 8, 13, and 14. The Court further orders RLM to respond fully and without objection to Form Interrogatory numbers 6 and 7. The motion is DENIED with respect to Request for Admission numbers 11 and 12. Defendant/Cross‐Complainant Third Street Napa Development, LLC (“Third Street”) moves for an order compelling Defendant/Cross‐Defendants RLM Construction Services, Inc. (“RLM”) and Michael Reyes ...

Excerpt: ...ted 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 Piner's Nursing Home Inc. moves, pursuant to Code of Civil Procedure section 2023.010, subd. (d)(3), for terminating sanctions against Plaintiff Maria Lopez on the grounds that Plaintiff failed to respond to written discovery and fai...

Excerpt: ...les of Court, rule 3.1702, subd. (d) provides “[f]or good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.” (Cal. Rules of Court, rule 3.1702, subd. (d).) The subject relief of Defendant's motion is not an extension of time to file a motion for attorney's fees, but rather to stay Plaintiff's already‐filed motion for attorney...

Excerpt: ...s of the California Environmental Quality Act (CEQA), directing respondent County of Napa (County) to set aside its actions adopting a Negative Declaration and approving 3 use permit No. P13‐00320‐UP (Use Permit) and exception to the County's Road and Street Standards for a winery project proposed by real parties in interest Mountain Peak Vineyards, LLC, Steven Rea, Eric Yuan, and Hua Yuan (collectively Real Parties), and located at 3265 Soda...

Excerpt: ... amount of $4,310.00 no later than 10 days after notice of entry of this order. Plaintiff Victor Alam moves, pursuant to Code of Civil Procedure section 2025.450, for an order compelling Defendant Daniela Farina's deposition and for production of documents on the grounds that Ms. Farina has repeatedly failed to appear for her noticed deposition and failed to produce requested documents.1 Plaintiff further moves, pursuant to Sections 2023.030 and ...

Excerpt: ...vice of notice of the motion or supporting documents in the Court's file. “The court lacks jurisdiction to rule on a motion that has not been properly noticed 2 for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) However, “[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any d...

Excerpt: ...ecialized Loan Servicing, LLC (SLS) demurs to the Second Amended Complaint (SAC) filed by Plaintiff Bruce Blankenhorn. SLS generally demurs to the SAC pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.50, subdivision (a) on the grounds that the allegations therein are Uncertain, ambiguous and unintelligible. SLS further demurs to each of the causes of action purportedly set forth therein on the grounds that th...

Excerpt: ...he settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interest...

Excerpt: ...ause of action asserted by Plaintiff through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts sufficient to constitute a valid cause of action. Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C and D to the RJN. Plaintiff's request for...

Excerpt: ...rty/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. Plaintiff failed to provide adequate notice of the hearing date. The Proof of Service in the Court's file ...

Excerpt: ...curred on appeal.” (Mtn. at p. 2:13‐14.) The rule does not mention costs being awarded as attorney's fees. (See Cal. Rules of Court, rule 3.1702(c)(1) [“A notice of motion to claim attorney's fees on appeal‐other than the attorney's fees on appeal claimed under (b)‐under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving an...

Excerpt: ... and the letter from Dr. Steven Gross. (Code Civ. Proc., § 2025.420; Webster Decl., ¶¶ 4‐5, Supp. Webster Decl., Ex. B [stating Ryan has an orthopedic condition requiring surgery, and will need to recover before being able to travel].) The Court realizes professional courtesies may have broken down in this case, which may have thwarted resolving this during the meet‐and‐confer process, but before the Court is a 78‐year‐old woman unde...

Excerpt: ...ty to submit new evidence with a reply brief. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241.) The decision whether to admit such evidence is within the trial court's discretion. (Id.) The Court finds that the evidence and legal argument sections of Petitioner's reply brief subject to the present motion are new, and improperly submitted. For this reason, the Court orders the following stricken from the record: A) Section II of the Reply...

Excerpt: ...e, § 452, subd. (d); Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Pursuant to Code of Civil Procedure section 581, subdivisions (f)(3) and (m), the Motion is GRANTED only as to Rockzilla, LLC. The Verified First Amended Cross‐Complaint of C. Randall Callahan and Raja Development Inc. (FACC) was only stricken as to Rockzilla, LLC. Rockzilla's Motion to Strike, filed March 2, 2018, was limited to the claims against Rockzilla. (See Motion, 5:8‐...

Excerpt: ... action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff's Complaint, Plaintiff alleges that the <0057000300150013001400 0003005a00520058004f[d require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Ci...