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 ...