Excerpt: ...ioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to provide required notice to consumer; 3) they are overbroad, vague, burdensome and oppressive; and 4) they seek documents that are not business records, but rather, business produ...

Excerpt: ...moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard moves, pursuant to Code of Civil Procedure section 437c for an order of summary adjudication as to two affirmative defenses asserted by Defendant, the first cause of action asserted by Plaintiff through the Complaint, and seven causes of action asserted by Defendants through thei...

Excerpt: ...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 Christopher Bello moves, pursuant to Code of Civil Procedure sections 598 and 1048, for an order severing and bifurcating the two claims asserted against him in this action from trial of the claims asserted against co‐defendants Michael and Nancy Bello.1 (Motion at 1:21‐24.) Section 598 gover...

Excerpt: ...on the project pursuant to the terms of subcontracts with Wright. This alone constitutes sufficient common issues of law and fact justifying consolidation. (Code Civ. Proc., § 1048.) As to the opposition arguments from plaintiffs DFS Flooring, L.P. in Case No. 20CV000777 and Enterprise Roofing Service, Inc. in Case No. 20CV000790, first, each plaintiff 3 has asserted a mechanic's lien claim against Wright and/or Odd Fellows. Some plaintiffs have...

Excerpt: ...objections and compelling compliance with subpoena is DENIED. Deborah Miller's request for sanctions is GRANTED. Duncan Miller and his attorney Stephen H. Kuhn are ordered to pay to Deborah Miller, care of her attorneys of record, sanctions in the amount of $200 no later than 10 days' after notice of entry of this order. According to the Notice of Motion, “Duncan Mackenzie Miller will, and hereby does, move for an order striking DEBORAH JEANNE ...

Excerpt: ...ry sanction personally against DEBORAH JEANNE MILLER and SHYLENE MOIZE for registering frivolous objections.” (Notice of Motion at 1:27‐30.) First, the notice of motion does not adequately identify the grounds on which the requested relief is sought and does not refer to the deponent. A notice of motion must state exactly what relief is sought and upon what grounds that relief is sought. (See Code Civ. Proc. § 1010 [“the notice of a motion...

Excerpt: ... to provide further responses and produce additional documents in response to Merryvale's Requests for Production, Set Five (Subject RFPs). This Motion seeks to compel additional responses to two independent sets of requests for production, both identified as “set five”: one directed at V2, and the other at Delicato. (See Declaration of David C. Lee (Lee Decl.) at ¶ 2, Exhs. A & B.) The Court addresses these separately herein. A. PROCEDURAL ...

Excerpt: ...ng further document production as the request is made in the memorandum of points and authorities. (Mem. at pp. 1: 25, 8:22, 9:2, 13:19.) 3 A. Meet and Confer Requirement GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that Correa simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. There is no indication GM responded to Correa's January 14...

Excerpt: ...sed on the newly published California Court of Appeal case of Choochagi v. Barracuda Networks, Inc. (2021) 2020 Cal.App. LEXIS 1271” (Barracuda). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part…any party affected by the order may…based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and m...

Excerpt: ... the case, and has medical/health conditions that warrant the granting of preference, and on the further grounds that the granting of preference would serve the interests of justice. The evidentiary objections made by Defendant Napaidence Opco, LLC dba Napa Post Acute (Post Acute) are each OVERRULED. (Code Civ. Proc. § 36.5.) “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall g...

Excerpt: ...y's fees pursuant to the Court's order issued on January 11, 2021.” (Motion at 1:23‐24.) Attorneys' Fees “The power of the trial court under Code of Civil Procedure section 664.6 is extremely limited. The court is powerless to impose on the parties more restrictive or less restrictive or different terms than those contained in their settlement agreement.” (Machado v. Myers (2019) 39 Cal.App.5th 779, 790.) Plaintiff expressly moves for a d...

Excerpt: ... required for disclosure a ground for disqualification of which the arbitrator was aware, including without limitation matters that could cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial.”; and, (2) “[T]he arbitrator exceeded her powers by arbitrarily remaking the parties' contract and deciding a question that was not before her and that the award cannot be corrected without a...

Excerpt: ...ear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Divot Enterprises, LLC d/b/a/ Oakville East demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (e) to the Complaint on the grounds that “plaintiff fails to state facts sufficient to constitute a cause of action for breach of contract against defendant.” (Demurrer at 2:6‐7.) The Court finds that the Notice of Demurrer suff...

Excerpt: ... the Court's tentative ruling system as required by Local Rule 2.9. 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. Because of this deficiency and 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. The Proof of Serv...

Excerpt: ...Amended Cross‐Complaint by Cross‐Complainants Francis Wang, and Laura Wang (Wangs). The Court further orders a separate trial for the sixth, seventh, eighth, ninth, and tenth causes of action asserted through the First Amended Cross‐Complaint by Wangs against defendants Albert Czap (Czap), Martha Kongsgaard, and Mary Kongsgaard. Cross‐Defendant Albert Czap (Czap) moves, pursuant to Code of Civil Procedure sections 598 and 1048 for an orde...

Excerpt: ...ication of the lodestar. 1 Wyman also moves for an award of attorney's fees under Code of Civil Procedure section 1033.5. This statute deals with the awarding of costs, which can include attorney's fees authorized under a contract. Wyman did not move for an award of costs, but Civil Code section 1717 still provides the basis for the motion. 3 A. Prevailing Party Wyman is the prevailing party in this action. Civil Code section 1717 governs a fee r...

Excerpt: ...he Rupprecht declaration, within 5 calendar days. Defendants' motion to set aside the preliminary injunction pursuant to section 473(b) is DENIED. Even though defendants may have demonstrated inadvertence and excusable neglect, they have not brought forth any facts demonstrating a likelihood of success on the merits or the relative harm to them to demonstrate that the preliminary injunction is improper or the facts underlying it have changed. Und...

Excerpt: ...4, 2021, respectively. All deadlines calculated from the trial date are reset to the September 30, 2021 Trial Management Conference date. (See Local Rule 6.2.) [2] PLAINTIFF'S MOTION TO SEAL RE MOTION TO COMPEL DEFENDANTS' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET FIVE TENTATIVE RULING: The motion is DENIED, without prejudice to Defendants filing a proper motion to seal.1 As explained below in the tentative ruling on Plaintiff...

Excerpt: ...2020.010, et seq., for an order quashing, or alternatively for a protective order regarding two deposition subpoenas for production of business records served on GVM by Petitioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to prov...

Excerpt: ...and for a mandatory injunction directing that the lien be immediately released, removed, and extinguished pursuant to Connolly Dev., Inc. v. Super. Ct. (1976) 17 Cal.3d 803 is GRANTED. A. Legal Framework Lambert established a procedural safeguard for owners subject to an unjustified mechanic's lien. (Cal Sierra Constr., Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 850.) The owner may file a motion where “the issue presented is limited to t...

Excerpt: ...A. PROCEDURAL MATTERS 1. Plaintiff's Additional Separate Statement The Court notes that the document titled “Plaintiff Donald Veverka's Separate Statement of Additional Facts in Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication” filed January 14, 2021 (Additional Sep. St.), is not drawn or filed in conformity with the Code of Civil Procedure and Rules of Court. A party opposing a motion for sum...

Excerpt: ...ng, by Zoom, unless it is confirmed that no party requests oral argument. Petitioner, People of the State of California, moves the Court, pursuant to Code of Civil Procedure section 436 subdivision (b), for an order striking the claim filed by Claimant Leilani Ellis on the grounds that Claimant lacks standing. (See Memorandum at 2:4‐5.) Upon noticed motion, the Court may “[s]trike out all or any part of any pleading not drawn or filed in conf...

Excerpt: ...Code of Civil Procedure section 430.10 subdivisions (e) and (f), to the Complaint filed by Plaintiff Zachary Thayer in this action on the grounds that both causes of action asserted therein are: (a) uncertain, ambiguous, and unintelligible and; (b) fail to allege facts sufficient to state a cause of action. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as �...

Excerpt: ...t of this notification, the clerk shall unseal and file the records. If Plaintiff does not notify the Court within 10 days of the order, the clerk shall (1) return the lodged record to the moving party if it is in paper form or (2) permanently delete the lodged record if it is in electronic form. Plaintiff Merryvale Vineyards LLC moves for an order authorizing the sealing of portions of documents associated with Merrvale's Motion to Compel Defend...

Excerpt: ...nstrues the Motion as One for an Order Declaring that the Subject Deed Restrictions are Unenforceable, and Not as a Motion to Enter Default Judgment Plaintiffs' Complaint prays the Court for a declaration that the real property commonly known as 3519 Broadway Street, in the city of American Canyon, county of Napa, California (Property) “is no longer bound by the [following] deed restrictions…and that said restrictions are hereby removed as a ...

Excerpt: ...d Plaintiff Nicole Riedel moves, pursuant to Code of Civil Procedure sections 664.6 (Section 664.6), and 128, subd. (a)(4) (Section 128(a)(4)) for four specific forms of relief: 1. Entry of an interlocutory judgment on the terms of the parties' purported settlement agreement; 2. Appointment of a “third‐party permitting expert” to take control over the regulatory entitlements process for a construction project to be undertaken by Defendants ...

Excerpt: ... of the Venter Family Revocable Trust demur, both generally and specially, and pursuant to Code of Civil Procedure section 430.10, subds. (d), (e), and (f), to Plaintiff's First Amended Complaint (FAC), and to each cause of action asserted therein, on grounds of uncertainty, failure to allege facts sufficient to state a cause of action, and misjoinder of parties. The notice of motion does not provide notice of the Court's tentative ruling system ...

Excerpt: ...nt Silverado Resort Investment LLC.” (See Notice of Motion at 2:6‐9.) This motion came on initially for hearing on September 4, 2020. By Minute Order of that date, the Court granted the motion in part, and ordered that “[a]ll discovery in the action is temporarily STAYED pending the hearing on Defendants' demurrers.” On December 3, 2020, the Court heard argument regarding defendants' respective demurrers. On December 15, 2020, the Court e...

Excerpt: ... Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Callahan's evidentiary objections to exhibits 2‐3 as improper evidence being submitted on a demurrer are OVERRULED. (See ibid.) The district and the County's demurrer to the first cause of action for declaratory and injunctive relief (violation of Propositions 13, 62 and 218 – California Constitution, Articles 13A, 13B, and 13C, and Government Code section 53723) on the gr...

Excerpt: ...mmons on OSU and dismissing the action, on the grounds that the Court lacks personal jurisdiction over OSU, or, in the alternative, dismissing the action on the grounds of forum non conveniens. Factual and Procedural Background Through the complaint, Plaintiff contends that OSU breached the covenant of good faith and fair dealing implicit in their contractual relationship. That relationship is memorialized in a series of three successive contract...

Excerpt: ...uant to Code of Civil Procedure section 430.10, to the FAC on two grounds: (1) that Plaintiff fails to allege facts sufficient to establish that the subject roadway constituted a dangerous condition of public property; and (2) the City 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...

Excerpt: ...d deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he county def...

Excerpt: ...t), and deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he coun...

Excerpt: ... require bifurcating the issues raised by the TAPC and setting an evidentiary hearing on the foregoing causes of action. Through that Minute Order, the Court invited Petitioner to submit additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. On October 23, 2020, Petitioner filed a document en...

Excerpt: ... from the granting or denial of interim injunctive relief.'” (Jay Bharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443, quoting White v. Davis (2003) 30 Cal.4th 528, 554; see IT Corp. v. Cnty. of Imperial (1983) 35 Cal.3d 63, 72.) Hernandez demonstrates a likelihood of success on the merits of his claims. The relative balance of harms also favors Hernandez as he has shown he is likely to suffer greater injury from the denial of in...

Excerpt: ...ion for general negligence and premises liability in her complaint. The premises lability cause of action also contains counts for negligence [count one], willful failure to warn [count two], and dangerous condition of property [count three]. 2 The City's only ground for summary judgment contained in the notice of motion is that Devine cannot establish liability for a dangerous condition of public property against the City. Although not specifica...

Excerpt: ...asserted against entity defendants Oakmont Investments LLC and the Miller Alaska Trust. The demurrer is sustained with 10 days' leave to amend as to the eleventh cause of action for waste. In all other respects, the demurrer is OVERRULED. A. Factual Background Defendants John L. Miller (Miller), Oakmont Investments, LLC (Oakmont) and the Miller Alaska Trust (Alaska Trust) (collectively Miller Defendants) demur to the First Amended Complaint filed...

Excerpt: ...efanie Johnson on the grounds that “the first, second, third, fourth, sixth, and seventh purported causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against 2 Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.)1 Through his initial reply brief, Defendant argued that “[n]othing in Plaintiff's Opposition to Defendant's Demurre...

Excerpt: .... Since jurisdiction is statewide, the venue rules serve to narrow geographically the place for trial.” (Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2020) at § 3:450; see Cholakian & Associates v. Super. Ct. (2015) 236 Cal.App.4th 361, 373.) Defendant does not seek to transfer venue to another county in California, but to transfer the case to New York. The venue statutes, therefore, are inapplicable. Because the g...

Excerpt: ...tration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) On a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, the court must determine whether the agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal ...

Excerpt: ...s Application for Preliminary Injunction, filed in this matter on October 6, 2020; c. The Opposition to Silverado Napa Holding, LLC's Application for Preliminary Injunction, filed in this matter on October 6, 2020, by Defendants Tim Wall and TKW Resort Holdings, LLC. The Clerk is further directed to file in the record of this matter, each of Exhibits A, B, and C to the [Proposed] Order Granting Amended Motion to File Records Under Seal lodged Oct...

Excerpt: ...nt dismissing this entire action with prejudice, including the whole of the document denominated “verified First Amended Complaint” (FAC) on the grounds that the FAC adds a new plaintiff, Greener Future, 2 without leave of Court, and on the further grounds that plaintiff Colton Callahan failed to file an amended complaint within the time provided by the Court through its October 8, 2020 order sustaining Defendant's demurrer to the original co...

Excerpt: ... seal (Motion to File Records Under Seal) currently pending. The respective parties moving for demurrer and motion to file records under seal calendared those matters for November 20, 2020. The Court is unavailable that date. Therefore, those matters must be rescheduled. The Court anticipates that it will be efficient to calendar the matters in the following order: 1. Motion to File Records Under Seal; 2. Defendants' respective demurrers to First...

Excerpt: ...ise 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. On September 8, 2020, Plaintiff filed the instant motion seeking an order compelling Defendant John Anthony Truchard to serve further responses to certain of Plaintiff's demands for production of docu...

Excerpt: ...d through Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the obligation underlying the mechanic's lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all iss...

Excerpt: ... Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the alleged obligation underlying the lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all issues relating...

Excerpt: ... would require bifurcating the issues raised by the Petition and setting an evidentiary hearing on the foregoing causes of action. However, Petitioner's moving papers do not address either issue. Therefore, the Court would like additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. Petitioner...

Excerpt: ...h cause of action. The motion is GRANTED with 30 days' leave to amend as to Plaintiff Chadbourne on the third cause of action. The Court STRIKES the allegations of the seventh and tenth causes of action, rendering the motion moot as to these. Finally, the motion is DENIED as to the Plaintiff Chadbourne on the fourth cause of action, and as to both Plaintiffs on the eighth cause of action. A. Request for Judicial Notice Defendants' Request for Jud...

Excerpt: ...al.App.4th 742, 749; McAllister v. Cnty. of Monterey (2007) 147 Cal.App.4th 253, 280.) Defendant Mindy Wyman's demurrer to the entire first amended complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff Stacee Cootes indicates she does not oppose the demurrer as to this individual defendant. (Opp. at p. 7:28: n.2.) Defendant Wyman Property Management's (WPM) demurrer to the first cause of action for negligence on the ground of failure to state ...

Excerpt: ... not permitted. 2 Respondent's Request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the relevant portions of: (1) the June 13, 1995 Assembly on Committee Safety History for Senate Bill 814; (2) 1995 Legislative Digest for Senate Bill 814; (3) June 9, 1998 Assembly Bill Committee Analysis of Senate Bill 2139; and (5) Napa County Code section 1.28. The Court declines to take judicial notice of the Napa County Superior ...

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...

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...

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 �...

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...

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 ...

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...

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 “...

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...

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...

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 ...

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...

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...

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...

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 ...

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...

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. ...

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 ...

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...

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...

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...

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...

Excerpt: ...to Code of Civil Procedure section 36 and the Court's inherent powers, for an order (1) granting trial‐setting preference to the matter, and (2) setting the trial for a date no later than 120 days after entry of order on the motion. 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 directed to contact the opposing party/ies forthwith and advise of Local Rul...

Excerpt: ...ross‐Complaint (OCC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each purported claim fails to state facts sufficient to constitute a cause of action and each is uncertain ambiguous and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed by plaintiffs, and the Cross‐Complaint filed by Defendant JKT Associates in this matter. ...

Excerpt: ...the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the action pending the completion of arbitration. The motion for an order compelling the Garcias to arbitrate the claims asserted in this action is GRANTED. Cross‐Defendant's request for an order staying the proceedings is GRANTED IN PART. The proceedings are stayed, pending the completion of arbitration, for all purposes othe...

Excerpt: ... moves for an order to remove the Claim of Lien and expunge that certain Notice of Pending Action (Lis Pendens) recorded by Plaintiff, Bowman Construction and Development, Inc. (BCD) affecting the real property commonly known as 1030 Main Street, Napa, California (Property). (Motion at 1:25‐2:4.) This action involves claims by construction contractor BCD against NVOH, owner of the Property, and its tenant in the Property, BNNV, LLC (BNNV) based...

Excerpt: ...Confidential” or “Highly Confidential – Attorneys' Eyes Only” by Defendants under the SPO, and thus those documents and any quotations or references thereto may not be publically disseminated.” (Notice of Motion at 2:27‐3:2.) The motion continues, “[t]he parties have an overriding interest in complying with the terms of the May 23, 2019 SPO….” (Id. at 3:2‐3.) Based on this reference, the Court deduces that “SPO” refers to ...

Excerpt: ...e 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 are evasive or incomplete. The Court rules...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collectiv...

Excerpt: ...and Cross‐Complainant V2 Wine Group, LLC (V2), on the ground that said sixth cause of action fails to allege facts sufficient to constitute a cause of action. A. Legal Analysis A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan...

Excerpt: ...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 where the gravamen of the complaint is that the “[d]efendant became intoxicated and thereafter drove a car while in that condition, despite...

Excerpt: ...ll parties, including JMC with notice of the continued hearing. JMC may file and serve, no later than August 10, 2020, an opposition or notice of non‐opposition. Petitioner and Defendant and Cross‐ Complainant Bay Area Surgical Specialists, Inc. (BASS) may each file and serve, no later than August 14, 2020, a reply memorandum addressing any issues raised in JMC's opposition. Plaintiff and Cross‐ Defendant Mindy Marquez, M.D. (Dr. Marquez), ...

Excerpt: .... 19PR000060. Constantine states in her declaration that she communicated through her former attorney that she would hand over to McMullen all vehicle titles and keys in her possession, and upon doing so, she believed “this matter would be over.” As a result, Constantine did not file an answer. The Court understands McMullen's position that the attorney may never actually have represented Constantine, but a belief she was being represented an...

Excerpt: ...d by Local Rule 2.9. 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, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Request for Judicial Notice Having considered Damron's request papers and Doe's...

Excerpt: ...or the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request Nos. 1 and 2: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 3: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June...

Excerpt: ...reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: DENIED. The subject of this request is not relevant to the matters raised by this motion. Request No. 2: GRANTED. The Court takes judicial notice of the Findings of Fact and Conclusions of Law re: Motion for Summary Judgment filed June 28, 2016, wit...

Excerpt: ...aims against CB. For the reasons set forth herein below, the motion is DENIED. A. REQUEST FOR JUDICIAL NOTICE 1. CB's Request for Judicial Notice The Court rules on CB's Requests for Judicial Notice as follows: Request No. 1: GRANTED. The Court takes judicial notice of the Order Confirming Debtor's and Creditor's Committee's Amended Joint Chapter 11 Plan of Liquidation, filed November 6, 2014, with the United States Bankruptcy Court, Central Dist...

Excerpt: ...e demurrer must be overruled. (Wise v. S. Pac. Co. (1963) 223 Cal.App.2d 50, 76, overruled on other grounds in Applied Equip. Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510, 521.) The rule regarding overruling complaints that are good as to any defendant does not apply to a general demurrer because a defendant may raise at any time the defect that a plaintiff has not stated facts sufficient to constitute a cause of action. (Majestic ...

Excerpt: ...tion and Plaintiff's motion to seal re: reply in support of motion to change designation of various records, Plaintiff is encouraged to file a single set of supplementary documents addressing both motions. Plaintiff Merryvale Vineyards LLC moves for an order sealing certain portions of the moving papers filed in support of its Motion to Change Designation of Various Records, on the grounds that, “the documents attached to the Vorhis declaration...

Excerpt: ... alternative, for summary adjudication of each of the five causes of action asserted through the Complaint on the ground that there is no genuine issue as to any material fact and each cause of action lacks merit. For the reasons set forth herein below, the motion is DENIED. A. Background This case arises out of a so‐called business‐divorce dispute between Defendant wine producer and Plaintiff wine wholesaler. The parties are in accord that, ...

Excerpt: ...otion at 1:22‐24.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists ...

Excerpt: ...sponses. The initial responses were instead verified by her counsel. Plaintiff's counsel provides in his declaration in opposition to the current motion that defendants subsequently were served with plaintiff's verifications. (Spohn Decl., ¶ 4.) The court anticipated there might be issues with the initial responses when it noted in its February 27, 2020 Order that because it had “no information as to the adequacy of the responses, it believe[d...

Excerpt: ...l notice of that certain Complaint, filed October 17, 2016, with the United States Bankruptcy Court, Central District of California, Santa Ana Division in Case No. 8:16‐bk‐14186, but not for the truth of matters asserted therein. Request No. 6: GRANTED. The Court takes judicial notice of the Request for Dismissal filed December 20, 2017, in the instant action. Request No. 7: GRANTED. The Court takes judicial notice of the Second Amended Compl...

Excerpt: ...cedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard, and Cross‐Defendants John Kongsgaard and Mary Kongsgaard (collectively Cross‐Defendants) move to quash the business records subpoena issued by Defendants and Cross‐Claimants Francis Wang and Laura Young (collective...

Excerpt: ...ision (d). (Notice of Demurrer and Demurrer at 2:2‐4.) Respondents next assert that decisions made by Harris and Sandoval are not final administrative orders or decisions for purposes of a writ of mandate pursuant to Code of Civil Procedure section 1094.5. (Id. at 2:5‐8.) Finally, Respondents assert that decisions made by Harris and Sandoval are subject to other plain, speedy and adequate remedies in the ordinary course of law, precluding the...

Excerpt: ...hree calendar days after the submission of Hellman's counsel's trial to the jury or a date thereafter agreeable to the parties. Hellman shall appear, provide testimony, and produce documents at that time. If after taking the deposition more time is needed for discovery related to information learned at the deposition, the parties can discuss whether entering into a stipulation to extend the discovery cut‐off date would be appropriate. The Court...

Excerpt: ...ief, filed February 07, 2020, that “[t]he practice of law should not be considered a game or a mere battle of wits but should be regarded as a means to promote justice.” (Airline Transport Carriers v. Batchelor (1951) 102 Cal.App.2d 241, 246 (Airline Transport).) While the Court has concerns that the procedural contours of the instant case may be dangerously close to violating this foundational principle highlighted in the Airline Transport c...

Excerpt: ...dentified prior to December 23, 2019. The preliminary injunction is conditioned on Plaintiff obtaining an undertaking in the amount of $1,000. The application is DENIED with respect to Plaintiff's request for an order enjoining Defendants from making distributions to Members of DBR Enterprises, LLC except as distributions had been made on a monthly basis prior to December 23, 2019. A. Factual and Procedural Background The following facts appear t...

Excerpt: ...ll appear at the hearing, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Real‐Party‐In‐Interest Napa County's demurrer to the second cause of action for declaratory relief and writ of mandate (Code of Civ. Proc., § 1085 and Gov. Code, §§ 53723 and 53728) on the grounds of failure to state sufficient facts and uncertainty is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiffs Raja Development Co., Inc., C...

Excerpt: ...ants Jackson Street Wine Warehouse, LLC (JSWW) and Randall Callahan's amended motion to compel initial responses to form interrogatories (employment set one), form interrogatories (general set two), requests for production of documents (set two), special interrogatories (set two), and supplemental interrogatory number 1 is GRANTED. Plaintiff Stacee Cootes shall serve verified code‐compliant initial responses, without objections, and documents w...

Excerpt: ...n Decl., Ex. A, ¶ 7.) However, the purported agreement attached to the Spohn declaration is not signed or dated. Thus, there is no evidence before the Court that the parties agreed to resolve any disputes under the purported agreement via arbitration. Even if the agreement was signed and dated, and there were no foundational issues as to the contract, the terms and obligations of the agreement expired before any dispute arose between the parties...