Excerpt: ...lief. 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 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 argum...

Excerpt: ...urportedly set forth therein on the grounds that: (1) the Complaint fails to state facts 2 sufficient to constitute a cause of action, and (2) Defendants Beverly Kendall, Anthony Daniel James, and Kathaleen Stephenie Flood have been mis‐joined. The claims purportedly asserted through the Complaint arise out of the purchase and sale of certain real property in Napa County (Property). (See Complaint at ¶ 1.) Realtor Defendants request for judici...

Excerpt: ...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 irregularities in the notice of 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 Rule 2.9 and the Court's tentat...

Excerpt: ...ituting 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 (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these...

Excerpt: ...that Plaintiff fails to allege facts sufficient to constitute a cause of action against SLS. SLS further demurs on the grounds that the Complaint is uncertain, ambiguous and unintelligible. A. Uncertainty As noted, SLS asserts, through its Notice of Motion, that it demurs on grounds of uncertainty. A demurrer for uncertainty is disfavored and may only be sustained where the allegations render the complaint so incomprehensible that a defendant can...

Excerpt: ...on (individually and as trustee of the Patricia Simpson Trust) complains of in her complaint, seventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. The pleadings serve as the “out mea...

Excerpt: ...fault and any default judgment entered against him on the grounds of inadvertence, surprise, mistake or excusable neglect and/or that the service of summons was defective and did not result in actual notice.2,3 Zuckerman further moves, pursuant to section 418.10, subdivision (a)(1), for an order quashing service of the Summons due to lack of jurisdiction. Zuckerman's request for judicial notice is GRANTED. Zuckerman contends that the service of s...

Excerpt: ...ng 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. The Court notes two aspects of the moving papers that introduce some ambiguity into the present motion. First, a notice of motion must state exactly what relief is sought...

Excerpt: ...ton), care of its attorneys of record in this matter, the amount of $750 no later than 10 days after notice of entry of the present order. Wilmington applies, ex parte, for an order, pursuant to Code of Civil Procedure sections 405.31, 405.32, and 405.34, expunging the Notice of Pendency of Action (Lis Pendens) recorded on September 19, 2019, as Instrument No. 2019‐0018688 with the Napa County Recorder, by or on behalf of Plaintiffs Bruce Chadb...

Excerpt: ...emand for Production of Documents, Set Two, Demand 5” on the grounds that “responding party has failed, without justification, to serve proper responses to these inspection demands.” (Notice of Motion at 1:28‐2.4.) It is not immediately clear from the foregoing which of the defendants in the action this motion is directed to. However, Plaintiff also requests an award of $6,082.00 in monetary sanctions against Defendant GVM Law LLP (GVM) a...

Excerpt: ... and Respondent Deborah Jeanne Miller (Movant) moves for an order compelling Plaintiff/Petitioner Duncan Mackenzie Miller (Mr. Miller) to provide code‐compliant verified responses to: (1) Form Interrogatories, Set Two; (2) Request for Production of Documents, Set One; (3) Special Interrogatories, Set One; (4) and Requests for Admissions, Set One. Movant further requests an order that the truth of the subject facts of the Requests for Admissions...

Excerpt: ...n existing arbitration pending before JAMS; and (3) staying all further proceedings, including pending discovery. A proceeding to compel arbitration 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.) Generally, on a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, a c...

Excerpt: ...efendants). 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 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...

Excerpt: ...tist Health System/West (collectively Adventist Health SH/West) are granted 10 days' leave to file an answer to the Complaint. (Cal Rules of Court, rule 3.1320, subd. (g).) Adventist Health SH/West move “to strike all claims for punitive damages” from Plaintiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) “The court may, upon a motion made ...

Excerpt: ...endants, under oath at trial in a different matter. (See Support Memo at 2:17‐3:4.) Gospodarczyk argues that Plaintiff “appears to be claiming that Gospodarczyk's trial testimony was part of a civil conspiracy, defamed Plaintiff, and/or caused Plaintiff emotional distress.” (Id. at 4:1‐ 5.) Plaintiff appears to concede the point by failing to file any opposition to the motion. Any publication or broadcast made in any judicial proceeding i...

Excerpt: ...GROUND Defendants Jameson Animal Rescue Ranch, Inc. (Jameson) and Monica Stevens (Stevens and collectively Defendants) move pursuant to Code of Civil Procedure section 437c for summary judgment against Plaintiff Nicole Rawling (Rawling). Defendants so move on the grounds that there are no disputed issues of material fact, each cause of action alleged against Defendants in Plaintiff's First Amended Complaint (FAC) fails as a matter of law, and Def...

Excerpt: ...ne 30, 2021. 8 (3) DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH DISCOVERY OBLIGATIONS AND COURT ORDERS TENTATIVE RULING: Defendant Stone Brewing Co., LLC's (Stone) moves to compel compliance with discovery obligations and court orders. On May 17, 2021, the Court granted Stone's motion to compel plaintiff West Pueblo Partners, LLC (WPP) to revisit is prior document production and to supplement its production as it was apparent WPP had not performe...

Excerpt: ...�45, 47‐58, and 86. As these requests were not contained in the notice of motion, they have not been considered. (See Code Civ. Proc., § 1010.) 3 GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that plaintiffs simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. On March 26 and April 20, 2021, plaintiffs sent GM meet and confer letters. ...

Excerpt: ...essee: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐ 00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extensio...

Excerpt: ...h: (1) continuous, open and notorious, and hostile use of easement for five years [Cross‐ Complaint First Cause of Action]; (2) that Defendants have acquired rights by the agreed‐upon boundary doctrine [Cross‐Complaint Second Cause of Action]; and (3) “that a preliminary injunction is appropriate to enforce the easement because Defendants' First and Second Causes of Action fail as a matter of law.” (Motion at 2: 1‐22.) Plaintiffs and ...

Excerpt: ...ant's valid exercise of her constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to...

Excerpt: ...el, employees, and agents, reports of sub rosa, invoicing and payments for sub rosa, as well as any film, photographs, audio, or other recordings. Defendant Mark Rodman served an objection only response. Rodman objected on the grounds the request was vague and ambiguous 1 The notice of motion does not seek production of documents, but it is clear from the memorandum of points and authorities that Cervantes also seeks production of documents. (See...

Excerpt: ...s valid 2 exercise of his constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to s...

Excerpt: ...ndants Fay Servicing, LLC and Wilmington Trust, National Association, as trustee for MFRA Trust 2014‐2, move for an award of monetary sanctions in the amount of $54,786.63 and terminating sanctions against Plaintiffs Bruce Chadbourne and Mohammad Khan for their maintenance of causes of action and prayers for relief against Defendants which they know or reasonably should have known were and are without any legal merit and without factual and evi...

Excerpt: ...pecialists, Inc., care of its attorneys, sanctions in the amount of $9,497.50 no later than 10 days after notice of entry of this order. Defendant and Cross‐Complainant Bay Area Surgical Specialists, Inc. aka BASS Medical Group moves to compel Plaintiff Mindy Marquez to produce documents requested at her deposition, and, pursuant to Code of Civil Procedure sections 2023.010, 2023.030, 2025.280, and 2025.480, for sanctions against Plaintiff and ...

Excerpt: ...see: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extension o...

Excerpt: ...ry to the contract against non‐signatories, are “‘intimately founded in and intertwined' with the underlying contract obligations.” (JSM Tuscany, LLC v. Super. Ct., (2011) 193 Cal.App.4th 1222, 1237 (JSM).) Discovery in the matter is stayed pending resolution of the motion. Defendants Bridget Beckstoffer (Ms. Beckstoffer) and Andrew Tuck Beckstoffer (Mr. Beckstoffer) move, pursuant to the Code of Civil Procedure section 1281, et seq., and...

Excerpt: ... person most qualified, and produce documents and communications withheld on the basis of privilege is GRANTED IN PART AND DENIED IN PART.2 A. Holcomb Production Stone contends WPP's attorneys did not assist Holcomb in searching for relevant materials or assist him with performing key word searches for relevant ESI. WPP represented to the Court that it will produce documents and ESI responsive to Stone's discovery requests, and is under a court o...

Excerpt: ...intiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) As an initial matter, Defendants' motion suffers from a lack of clarity. Defendants fail to identify, with any more particularity than the foregoing quoted language, specifically what portions of the Complaint it would have the Court strike. There is no specific reference in the 3 Notice of Moti...

Excerpt: ...duction of Documents, No. 101, and to produce all responsive documents. 2 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 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 hearin...

Excerpt: ...quired Wage Claimants to provide their own tools, including compressors, nail guns, saws, and hand tools. Wage Order 16, section 8(b) requires employers to pay employees who provide and maintain their own tools at least two times the state minimum wage for each hour worked.”]; (2) a sentence in paragraph 12 (incorrectly identified in the complaint as paragraph 10) [“Defendants ipso facto failed to compensate Wage Claimants twice state minimum...

Excerpt: ...commercial lease agreement by which Defendant leased from Plaintiff certain real property known as the Borreo Building in Napa, California. The subject lease is also at the heart of case number 21CV000458, pending in this Court. 6 Defendant's request for judicial notice is GRANTED. B. Legal Analysis Defendant advances two arguments in support of its demurrer to the Complaint in this action, both based on the legal theory that the complaint allege...

Excerpt: ...s, sanctions in the amount of $3,710.00 no later than 10 days after notice of entry of this order. Petitioner and Plaintiff Duncan Mackenzie Miller moves for an order compelling G&J to produce documents in response to a “valid subpoena for production of documents.” (Notice of Motion at 2:6‐7.) Petitioner also moves for sanctions against G&J and attorney Martin Jensen in the amount of $5,659.50. (Id. at 2:4‐5.) This represents Petitioner's...

Excerpt: ...d for change of venue may be waived unless presented by a timely motion for transfer. A motion for transfer on the ground the action was filed in an improper court must be made within the time permitted to plead; i.e., 30 days after service. (Code Civ. Proc. § 396b.) On October 18, 2020, Dr. Lupercio, Dr. Sambasivan, and Shasta Critical filed their answer to the second amended complaint. On December 16, 2020, Dr. Bartlow filed his answer to the ...

Excerpt: ...YOUR behalf.” I. PROCEDURAL BACKGROUND Defendants Delicato Vineyards and V2 Wine Group, LLC move, pursuant to Code of Civil Procedure sections 1987.1, 2017.010, and 2019.030, for an order quashing, or in the alternative modifying, the respective deposition subpoenas for production of business records issued by Plaintiff to Donati Family Vineyards, Inc., Dry Creek Vineyards, Inc., Mercer Wine Estates, LLC, and Toad Hollow Vineyards, Inc. Defenda...

Excerpt: ...t action with the following actions also pending in Napa County Superior Court: Grassi Construction, Inc. v. Michael Ru Bello, et al., case number 19CV000679; and Ehren Jordan Wine Cellars, LLC v. Michael Ru Bello, et al., case number 19CV000681. The motion is brought on grounds that the actions involve similar legal theories, similar transactions and that each will require testimony by common witnesses. “When actions involving a common questio...

Excerpt: ...mentioned, to the extent the memorandum of costs could be reasonably construed as being filed on behalf of both plaintiff Third Street Napa Development, LLC and Vesta, Vesta is not entitled to the recovery of any costs pursuant to the memorandum of costs (subject to the reservation of rights to seek recovery of costs at a future date). Nielson's alternative motion to tax costs as to the filing and motions fees (item number 1) is GRANTED IN PART. ...

Excerpt: ...ts' request for sanctions is DENIED. Defendants Delbert J. Smith and Ron Profili (Moving Defendants) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (a) and (b), and 2031.300, subdivisions (a) and (b), for an order compelling Plaintiff to serve verified responses to Form Interrogatories, 3 Set One, Special Interrogatories, Set One, Requests for Admissions, Set One, and Requests for Production of Documents, Set One, on th...

Excerpt: ...yvale Vineyards LLC's Opposition to Defendants' Motion to Quash or Modify Merryvale's Subpoenas to Other Wineries. 2 Defendants V2 Wine Group, LLC and Delicato Vineyards (collectively Defendants) move for an order authorizing the sealing of portions of the following documents filed by Plaintiff Merryvale Vineyards LLC (Merryvale) in this action: (1) Opposition to Motion to Quash or Modify Merryvale's Subpoenas to Third Party Wineries; and (2) Opp...

Excerpt: ...s assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Rules of Court, rule 3.1332, subd. (a).) While a party may seek continuance of a trial date, they must do so “as soon as reasonably practical once the necessity for the continuance is discovered.” (Id. at subd. (b).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own mer...

Excerpt: ...t, and fourth cause of action for fraud, as set forth in Plaintiff's Complaint, on the ground that the Complaint fails to allege facts sufficient to state those claims. 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 Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding ...

Excerpt: ...t argues petitioner Scott K. Andersen served deposition notices containing an “error or irregularity” in that the notices set the depositions of seven percipient witnesses to be taken before petitioner produced his designated expert witness, Dr. Glenn Hammel, for deposition pursuant to Code of Civil Procedure section 2034.410, creating a likelihood that 7 petitioner's designated expert witness will form new or additional opinions prior to the...

Excerpt: ...t Amended Complaint (FAC). Defendants assert that they are entitled to summary judgment because Plaintiff is unable to produce evidence sufficient to create a triable question of fact as to three material issues: (1) whether Dr. Perryman breached the appropriate standard of care; (2) whether any negligent action by Dr. Perryman contributed to Plaintiff's alleged injuries; and (3) whether Whole Health is liable to Plaintiff, under a vicarious liab...

Excerpt: ...cause of action is barred by the applicable statute of limitations. 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 (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the trut...

Excerpt: ...ode Civ. Proc., § 877.6; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Urbanic Decl., ¶¶ 13‐14; Anya Reply Decl., ¶¶ 2‐7, 9‐10.) Defendant/crosscomplainant Semper Solaris Construction, Co. has not met its burden to show the settlement is “out of the ballpark.” (Tech‐ Bilt, supra, 38 Cal.3d at pp. 499‐500.) Semper allegedly caused the water intrusion damage requiring the need for home repairs whil...

Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary 1 Moving defendant Odd Fellows Home of California, Inc. was dismissed as a defendant on April 2, 20...

Excerpt: ..., by Zoom, unless it is confirmed that no party requests oral argument. Plaintiffs move the Court “for an order awarding prevailing party attorneys' fees pursuant to the contract between the parties and after having prevailed on Defendant's Motion to Vacate the Arbitration Award rendered on December 8, 2021.” (Notice of Motion at 2:1‐3.) The notice of motion must state exactly what relief is sought and upon what grounds that relief is sough...

Excerpt: ... provisions of Rules of Court Rule 3.1345, no later than June 23, 2021. The revised Separate Statement is to contain discussion of only those categories of documents sought for which issues remain outstanding as of June 23, 2021. Any issues not raised through the supplemental separate statement will be deemed to have been resolved through meet and confer. Rimerman may serve and file, no later than July 2, 2021, a supplemental separate statement i...

Excerpt: ...ection Act (Welf. & Ins. Code, § 15600, et seq.) [Issues 9‐12], and second cause of action for intentional infliction of emotional distress [Issues 16‐ 17] on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A ...

Excerpt: ...th, eighth, ninth, and tenth causes of action asserted against them through Plaintiff's Second Amended Complaint (SAC) on the grounds that Plaintiff failed to plead each cause of action with the required specificity. 1. Procedural Law re: Demurrers 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 cont...