Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

177 Results

Clear Search Parameters x
Location: Napa x
Judge: Wood, Victoria x
2020.10.20 Motion to Remove Trustee, for Accounting 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.20
Excerpt: ......
2020.10.16 Motion for Judgment on the Pleadings 046
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ......
2020.10.16 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.16
Excerpt: ......
2020.10.15 Motion to Quash Deposition 684
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.15
Excerpt: ......
2020.10.14 Demurrer 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.14
Excerpt: ...orted causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.) A. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed with the California Superior Court in and for the County of San Francisco in...
2020.10.07 Demurrer 494
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.07
Excerpt: ...n the grounds that the Complaint fails to allege facts sufficient to establish a dangerous condition of public property, fails to allege that a dangerous condition of public property caused his injuries, and that Defendant is immune from liability pursuant to Government Code sections 830.4, and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A demurrer is treated as “admitt...
2020.10.02 Demurrer 446
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.10.02
Excerpt: ...s judicial notice of the official records of the California Secretary of State for the corporate status of Green Future, LLC, but for no other purpose. All other requests for judicial notice are DENIED on the ground that none are relevant to the Court's resolution of the issues raised by the demurrer. Plaintiff's requests for judicial notice are GRANTED. The Court takes judicial notice of the Articles of Organization – Conversion, and the LLC ...
2020.09.29 Demurrer 108
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.29
Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...
2020.09.23 Motion to Compel, to Stay 402
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...
2020.09.23 Demurrer 682
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.23
Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...
2020.09.17 Motion for Summary Judgment 167
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...
2020.09.17 Demurrer 035
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.17
Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...
2020.09.16 Demurrer 362
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.16
Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...
2020.09.11 Motion for Summary Judgment, Adjudication 456
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.11
Excerpt: ...nt James R. Trumble moves the Court for summary judgment, or in the alternative summary adjudication of the causes of action asserted against him by the Complaint of Plaintiff Robert Alaniz.1 Through the Complaint, Plaintiff alleges that while he was delivering mail to a business owned by Defendant Regan and Sons, Inc., a dog named Juno owned by Trumble ran out of the 1 Defendant's Notice of Motion indicates that he seeks summary adjudication of ...
2020.09.04 Motion for Protective Order 632
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.04
Excerpt: ...Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Background Defendants John L. Miller, Oakmont Investments LLC, the Miller Alaska Trust, Tim Wall, TKW Resort Hold...
2020.09.03 Motion to Compel Discovery Responses 342
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.03
Excerpt: ... days of notice of entry of this order, sanctions in the amount of $1,810.00. Defendant and Cross‐Complainant Peter Peletta moves the Court for an order compelling Plaintiff Francis Wang to respond to Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, and for monetary sanctions. Through her opposition, Plaintiff acknowledges that on or about February 19, 2020, Defendant served her with Supplemental Form In...
2020.09.03 Motion to Compel Arbitration and Stay 274
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.09.03
Excerpt: ... Autovest, L.L.C. (Autovest) and Cross‐Defendant First Investors Financial Services, Inc. (First Investors) (collectively Cross‐Defendants) move the Court, pursuant to the Federal Arbitration Act, for an order compelling Defendants and CrossComplainants Garcia and Asuncion Garcia (collectively the Garcias) to arbitrate the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the a...
2020.08.25 Motion to Compel Further Responses 286
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.25
Excerpt: ...rocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant and Cross‐ Complainant Laura Young moves the court pursuant to Code of Civil Procedure section 2030.300 for an order compelling Plaintiff and Cross‐Defendant Martha Kongsgaard to provide further answers to certain form interrogatories on the grounds that the answers given ...
2020.08.25 Demurrer 714
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.25
Excerpt: ...Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. Defendants' demurrer to the first cause of action for battery on the ground of failu...
2020.08.21 Petition to Compel Arbitration 293
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...ections 1281.2, and 1281.4, and the Federal Arbitration Act, for an order compelling BASS to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural History The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Dr. Marquez, pursuant to the terms of a written employment agreement. ...
2020.08.21 Motion to Enforce Settlement 702
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...
2020.08.21 Demurrer 489
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.21
Excerpt: ...ant did enter into the contract, Plaintiff must allege whether the contract was oral or written and all of its material terms. As to the second cause of action for fraud, it fails similar to the first cause of action, in that no facts are set forth against Defendant Ireton. Additionally, a fraud claim must be specifically pled. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfi...
2020.08.18 Motion to Change Designation Under Stipulated Protective Order 482
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.18
Excerpt: ...9 (SPO), from “HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY” to “CONFIDENTIAL” of those portions of the Contribution and Equity Purchase Agreement between Defendants V2 Wine Group, LLC and Delicato Vineyards, and the national distribution agreement between Defendant Delicato and third party Southern Glazers Wine & Spirits, that are identified in Exhibit A to Plaintiff's Motion. The motion is DENIED as to all other matters. “Unless other...
2020.08.18 Demurrer 070
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.18
Excerpt: ... acts of third parties.” (Castaneda v. Olsher (2007) 41 Cal.4th 1205, 1213.) “[T]he existence and scope of a property owner's duty to protect against third party crime is a question of law for the court to resolve.” (Ibid.) Plaintiff Bobby Carlson alleges Starbucks had a duty to protect him from defendant Nicholas Zazzarino's criminal conduct because heightened foreseeability existed based on various shootings that have taken place at other...
2020.08.14 Motion to Compel Further Discovery Responses 462
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2020.08.14
Excerpt: ...nding Form Interrogatory 17.1 “on the grounds that the discovery requests are relevant to the subject matter of this action, and not subject to any applicable privileges.” Plaintiff also moves for an order that Defendant pay a monetary sanction pursuant to Code of Civil Procedure section 2023.010, et seq., for abuse of the discovery process. Through its opposition, Defendant likewise requests monetary sanctions against Plaintiff. The notice o...

177 Results

Per page

Pages