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: ...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...