Excerpt: ...cks 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) 15 Cal.App.5th 1190, 1204-05.) As Defendants note, there is no proof of service of the moving papers on Defendants. 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 defects or ir...

Excerpt: ...to be filed under seal would relieve them of their obligation to serve unredacted versions thereof on Petitioner. (See, e.g. Notice of Motion at 2:13-14 ["[i]f the Declarations are not sealed, Respondents will be severely prejudiced because the public and the opposing party will have unwarranted access to their financial information"].) Respondents provide no authority suggesting that a finding pursuant to Rules of Court 2.5fl is sufficient to ex...

Excerpt: ...f $37,955 plus an award of costs in the amount of $777.60 against Plaintiff Charleen Wignall-Ewing on grounds that Miroglio successfully moved to strike pursuant to the cited code section and an award of fees is therefore mandatory. Defendant further seeks an award of $11,610 in fees and costs relating to the preparation and filing of the present moton and $3,825 m relating to the preparation and filing of the reply papers relating to the present...

Excerpt: ...n, 1:18-25 and 3:8-14.) The motion is DENIED in all other respects. Defendant Bruce Miroglio moves, pursuant to Code of Civil Procedure, section 425.16, for an order striking Plaintiff's First Amended Complaint, and for an award of attorneys' fees. Defendant so moves on grounds that Plaintiff's achon against Miroglio is based on acts taken in furtherance of Miroglio's rights to petition or free speech in connecton with a public issue. "The specia...

Excerpt: ...espondents' motion is statutorily authorized. 80th sides submitted supplemental briefing. Respondents' motion for summary adjudication is not statutorily authorized. Respondents move for summary adjudication under Code of Civil Procedure section 437c. Subdivision (f)(l) lists those matters that may be summarily adjudicated. It provides: "A party may move for summary adjudication as to one or more causes of action within an action, one or more aff...

Excerpt: ...ted to provide sufficient notice to [Plaintiff]1 . . . by serving the moving papers, as revised to reflect the continued hearing date [(June 24, 2022)], on Plaintiff's counsel by no later than May 27, 2022.” (Minute Order dated May 13, 2022.) On May 26, 2022, Defendant filed a Proof of Service on Plaintiff; however, the Court is unable to determine whether or not Defendant revised the hearing date for the motion from May 13, 2022 to June 24, 20...

Excerpt: ...he following facts appear to be uncontested. From in or around 2016 until March 2017, Plaintiff, as an independent contractor, provided project management services to Defendant relating to the development of a “state of the art equestrian facility and new horseback trail riding business.” (FAC at ¶ 10.) In March 2017, Defendant employed Plaintiff full‐time in the roll of equine‐manager for said business. It appears from the Complaint and...

Excerpt: ...lk) moves the Court for an order quashing the subpoena for her deposition and staying her deposition (under Code of Civil Procedure sections 2025.410) until the Court can rule on the contemporaneously pending Motion for Protective Order to Exclude Juan M. Martinez from Depositions (Motion to Exclude). 4 A. The Court Has Jurisdiction to Hear the Motion Plaintiff argues that Plaintiff's failure to provide adequate notice of the original (November 1...

Excerpt: ...l Specialists, Inc. (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 Background The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Plaintiff, pursuant to the terms of a written employment agreement. (See Complaint at ¶3, Cross‐Complaint at ¶1.) Plaintiff pu...

Excerpt: ...ce of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to all parties 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 r...

Excerpt: ...rmine disputes that have arisen and are likely to continue in connection with the deposition. Plaintiff also seeks orders relating to the apportionment of costs and fees associated with the continued deposition, including those of the requested referee. Finally, Plaintiff seeks, pursuant to Code of Civil Procedure sections 2023.010, et seq., and 2025.010, et seq., monetary sanctions in the amount of $4,097.50 against Defendant and his attorney of...

Excerpt: ...) disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information, Plaintiff applies for a preliminary injunction (i) enjoining Defendant from using any of Plaintiff's trade secrets or items of Confidential Information; (ii) enjoining Defendant from disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information; and (iii) compelling Defendant to make her media devices to which s...

Excerpt: ...ear to be uncontested. From in or around 2016 until March 2017, Plaintiff, as an independent contractor, provided project management services to Defendant relating to the development of a “state of the art equestrian facility and new horseback trail riding business.” (FAC at ¶ 10.) In March 2017, Defendant employed Plaintiff full‐time in the roll of equine‐manager for said business. It appears from the Complaint and memorandum filed in s...

Excerpt: ...e, § 3294, subd. (a).) Civil Code section 3294, subdivision (a), provides that “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought w...

Excerpt: ...GRANTS the motion to compel arbitration and stay judicial proceedings. Defendant BVK Gaming, Inc. moves for an order compelling Plaintiff to arbitrate her claims against Defendant and staying the matter pending the completion of such arbitration. Defendant 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. Defendant is directed to immediately provide, by telephone cal...

Excerpt: ...cipating in any deposition conducted in this action. The motion continues. “MOVANTS seek an order of protection excluding MARTINEZ from attendance or participation, in any manner—be it in person, via video/zoom/remote means, electronically or otherwise—from the deposition of any party, witness, expert, entity or otherwise. MOVANTS also seek an order that future depositions occur remotely, absent leave from the court otherwise and, furthermo...

Excerpt: ...injury to person committed to a mental institution).1 I. PROCEDURAL MATTERS A. Defendants' Request for Judicial Notice Defendants' request for judicial notice filed August 5, 2021, is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. Defendants' request for judicial notice filed October 7, 2021 is GRANTED. Plaintiff's objections thereto are OVERRULED. Plaintiff's request...

Excerpt: ... The Court's September 4, 2020 stipulated order authorizing proceeding with declaratory relief is VACATED. The Court SETS the matter for continued hearing on Plaintiff's petition to compel arbitration on December 28, 2021, at 8:30 a.m. in Dept. A. Plaintiff is invited to submit, no later than December 10, 2021, a supplemental brief in support of her petition to compel arbitration, of no more than 10 pages in length, addressing any issues relevant...

Excerpt: ...nder. Plaintiffs are granted 10 days' leave as to the sixth, eighth, ninth and tenth causes of action. The court addresses the demurrer as to each cause of action as follows: 1. First and Second Causes of Action – Based in Contract Plaintiffs expressly concede that the demurrer is proper as to the first cause of action for breach of the implied warranty of habitability and the second cause of action for breach of the covenant of quiet enjoyment...

Excerpt: ...code‐complaint initial responses and documents to form interrogatories – employment (set two), form interrogatories – general (set two), and requests for production of documents 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 issue sanction...

Excerpt: ...ating an appearance of impropriety which violates the public trust in the scrupulous administration of justice and the integrity of the bar.” (Notice of Motion at 2:3‐5.) Plaintiff further asserts that the order is necessary as GNH has “sought to gain an unfair advantage in this 9 litigation by obstructing [Plaintiff]'s access to witnesses by rushing to represent them as soon as their depositions are noticed.” (Id. at 2:9‐12.) Plaintiff...

Excerpt: ...t to state a claim under any of the purported causes of action. Specifically, Defendants argue that each cause of action asserted through Plaintiff's FAC is barred by the statute of limitations. (Support Memo at 1:8‐0.) 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 a...

Excerpt: ...n of allegations in support of the causes of action as to which the present demurrer is sustained. 3 Defendant/Respondent County of Napa (Defendant and/or County) demurs, pursuant to Code of Civil Procedure sections 430.10, 430.30, and 430.50, to the Second Amended Verified Complaint (SAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Defendant's request for judicial not...

Excerpt: ...es no mention of the trust or the trustmanager as a contracting party. According to Erik, this means he was misjoined as an improper party. Erik fails to account for the allegations in the pleading and instead relies entirely on the agreement attached as Exhibit 1. Plaintiff Blue Bay Ventures, LLC alleges in its amended complaint that it “was under contract with Defendants to purchase the real property commonly known as 1527 Juanita, Napa, CA 9...

Excerpt: ...y estoppel (paragraphs 40‐46); fifth/sixth cause of action for negligent misrepresentations (paragraphs 51‐55); and seventh cause of action for violations of California Civil Code section 2924.17 (paragraphs 79‐90). 1 The motion is made on the grounds that the FAC is not verified and that the subject matters are improper. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems ...