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: ...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...