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 ...