Excerpt: ...' Request for Judicial Notice is DENIED as to: the Motion to Impose Stay filed on January 8, 2019 in Bankruptcy Case Number 19‐10027, attached as Exhibit 10 to Defendants' Request; and, the Plaintiff's Ex Parte Application for Temporary Restraining Order and OSC re Preliminary Injunction; Declaration of Bruce Chadbourne; Declaration of Nicholas H. Van Parys, Esq., [Proposed] Order filed on July 23, 2019, attached as Exhibit 13 to the Request. N...

Excerpt: ....) The insurance policy provided replacement cost estimates for the property. (Id., ¶ 40.) Defendant was obligated to calculate the replacement cost by analyzing the costs to rebuild the structure in accordance with the expenses, estimates, and assumptions set forth in 10 CCR §§ 2695.183(a)(1)‐(a)(5), 2695.183(b)‐(e), 2695.183(g)(2), and 2695.183(k). (Id., ¶¶ 40‐43.) Defendant failed to disclose the analysis, calculations, and informat...

Excerpt: ... prevent the fight, they met that duty because they reasonably supervised students and acted reasonably to prevent the fight from occurring; (3) plaintiff's claim that the district negligently hired, supervised, and/or retained its employees is unsupported by evidence; (4) plaintiff's cause of action for intentional infliction of emotional distress against defendants fails because plaintiff has no evidence to support her claim that defendants exh...

Excerpt: ...requiring the continuance. (Ibid.) Defendant moves, to continue the trial date in this matter, pursuant to Rules of Court Rule 3.1332, subd. (c)(6), which provides that good cause may be shown by a party's “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” Defendant asserts that, despite her diligent efforts, Plaintiff: failed to timely reply to discovery; failed to disclose ongo...

Excerpt: ...such authority. Defendant Alyssa Samrick's (Samrick) Demurrer to the Third Cause of Action for Breach of Fiduciary Duty on the ground of failure to state facts sufficient to constitute a cause of action is SUSTAINED WITH 10 DAYS' LEAVE TO AMEND. Defendant State Farm General Insurance Company's (State Farm) Demurrer to the Third Cause of Action for Breach of Fiduciary Duty for failure to state facts sufficient to constitute a cause of action is SU...

Excerpt: ... estimate about his primary job duties and responsibilities are exaggerated and not accurate as to preparing food for sale to customers, keeping the bakery sanitary, and ensuring delivery of customers' food. (Defendant's Response to Plaintiff's UMF, Nos. 4‐6, 8‐9.) Defendant also submits evidence that Brown's duties as an Executive Chef included various management and administrative responsibilities. (Defendant's UMF, Nos. 1‐5.) Thus, there...

Excerpt: ... student is liable for all damages the minor causes. Likewise, under Civil Code section 1714.1, the minor's “willful misconduct” resulting in an injury to another person is imputed to the minor's parent and the parent is jointly and severally liable with the minor for any resulting damages. There are triable issues of material fact as to whether defendant Tameiya Sadler committed willful misconduct, whether she acted in self‐defense, whethe...

Excerpt: ...Medical Center and underwent spinal surgery performed by Scott Berta, MD. Defendant Daniel Masluk, MD was responsible for administering anesthetic during the procedure. Dr. Masluk elected to use a Bard InfusOR pump supplied by QVMC to administer anesthesia to Plaintiff. During the surgery, a technician monitoring Plaintiff noticed EMG activity in Plaintiff's right hand and left deltoid. Dr. Bard stopped the surgery. A nurse went to Plaintiff's si...

Excerpt: ...s a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.'” (Fox v. Super. Ct. (2018) 21 Cal.App.5th 529, 533.) Although the motion is unopposed, the accompanying attorney declaration does not explain plaintiffs' medical issues to show “a preference is necessary to prevent prejudicing [their] interest[s] in the 2 Con...

Excerpt: ...r such heavy use. (Id.) Squires believes Hellman is ruining the road to such an extent that no one in the area will be able to access their properties. Consequently, Squires argues the proposed amendment seeking to add new causes of action for quiet title and declaratory relief, along with new cross‐defendants, is unrelated to the controversy in the original complaint.1 According to Squires, by seeking to add new claims and crossdefendants, Hel...

Excerpt: ...ed on claims administrator's website) (Cal. Rules of Court, rule 3.771(b)); (4) an explanation as to why English‐only notice is sufficient; (5) a discussion of how the parties will handle uncashed checks; and (6) why reliance on addresses alone, some of which are up to five years old for class members, will provide sufficient notice. The Court is concerned about the possibility of non‐returned mailings from stale addresses, especially when th...

Excerpt: ...f's request for monetary sanctions is DENIED. Defendant did not oppose the motion, which means monetary sanctions are not warranted. (See id., § 2030.290, subd. (c) [providing that monetary sanctions are warranted against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) ...

Excerpt: ...d faith and fair dealing, and fifth cause of action for unfair claim settlement practices on the ground of failure to state sufficient facts, uncertainty, and failure to attach a copy of the contract or allege its terms is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer is unopposed and the complaint shows on its face that it is incapable of amendment based on the arguments defendants raised. Defendants' amended request for judicial notice of the ...

Excerpt: ...e ruling procedure. If Plaintiffs' counsel is unable to contact Defendant's counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs' Request for Judicial Notice is GRANTED. The Court may take judicial notice of the existence of each document in a court file, but can only take jud...

Excerpt: ...nts from defendants City of Napa, Garrett Wade, Dominic DeGuilio, Robert Chambers, and Garrett Smith (Napa Defendants). A. County Defendants' Opposition County Defendants assert the proposed amendments as to Adams are time‐barred based on an initial discovery exchange on August 28, 2015. According to County Defendants, because Adams was disclosed as a witness, plaintiffs knew Adams was involved in the case well in advance of filing the case on ...

Excerpt: ...r 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 injury occurred between August 2009 and August 2010, which would require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Civil Procedure s...

Excerpt: ... other filed on April 27, 2018 (served April 3, 2018). The April 27, 2018 motion is dismissed as duplicative. (Hon. Stone) held: “Defendant was served with the motion at a mailing address in Napa while the demand letter informing him of the default was served to an email address (Exhibit B) listed in the stipulated agreement. If plaintiff elects to refile its motion, it shall first reserve the demand letter to defendant's Napa address and email...

Excerpt: ...conomic relations on the ground of failure to state sufficient facts is OVERRULED. First American acted as the escrow holder for the seller, defendant In the Vines, LLC (“ITV”). (First Amended Compl., ¶ 3.) Plaintiff Michael Venuta was not a party to the escrow. (See id.) An escrow holder does not owe a duty to a third party to the escrow, even when that third party has an interest in the escrow that is known to the escrow holder. (See Summi...

Excerpt: ...rocess, the Court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Id., § 2023.030.) An issue sanction is an order that designated facts be taken as established against the party guilty of discovery misuse. (Id., § 2023.030, subd. (b).) It is the moving party's burden to demonstrate the responding party's failure to obey the earlier discovery order. (Corns v. ...

Excerpt: ...le issue of material fact and that Ally is entitled to judgment as matter of law on its complaint and each cause of action. This is a collections action stemming from defendant's default on a vehicle purchase agreement. Ally alleges causes of action for breach of contract, claim and delivery, injunctive relief, and indebtedness for money. “Any party may move for summary judgment in any action or proceeding if it is contended that … there is n...

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Excerpt: ...bank defendants' ties to the property at issue in this action, Tate's 2014 bankruptcy petition, and the defaulted loan on the property. The court grants the request in its entirety. Following the sale of his home (19 Redhead Street, American Canyon, CA 94503) through non‐judicial foreclosure sale on May 8, 2017, Plaintiff sues the various entities related to the origination and servicing of his home mortgage. He seeks to unwind the sale of his ...

Excerpt: ...f the file that plaintiffs are alleging that between 2010 and 2014, David Abreu performed vineyard development and management services for Defendant Michael Bello pursuant to an oral agreement in exchange for payment of amounts in excess of $1,169,112.00. After a company that was affiliated with the Bello Defendants named Walldesign, Inc., went into bankruptcy, a judgment in that case was entered against plaintiffs for the return of the $1,169,11...