Excerpt: ...f Action in the SAC is for Breach of Contract/Specific Performance against Long. (SAC at 15:8‐9.) The Prayer for Relief requests “[s]pecific performance of the BVK Purchase Agreement.” (SAC, Prayer at ¶ 1.) Pursuant to the BVK Purchase Agreement, dated November 15, 2007, Long agreed to sell, assign, transfer and deliver to BVK, and BVK agreed to purchase from Long all of the right, title and interest of Long in and to all of the following ...

Excerpt: ...nst Long and his counsel, Charles J. Smith, is GRANTED. Long and Mr. Smith are ordered to pay $2,010 payable to BVK's counsel within 10 calendar days of service of notice of entry of order. BVK moves, pursuant to Code of Civil Procedure section 2030.300 et seq. and section 2030.290 et seq., for an order compelling Long to provide complete, verified, and substantive responses without objection to BVK's fifth set of special interrogatories without ...

Excerpt: ...the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Dumican Mosey Architects, P.C. (DMA) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6 and California Rules of Court, rule 3.1382, for an order finding that the settlement entered into between DMA and non‐party Galleron Properties, LLC (“Galleron”) is made in good faith. Galleron is ...

Excerpt: ...cial notice. Plus, Defendants are offering the exhibit to establish the truth of its content, i.e., that Mr. Morris passed away in January 2021. However, a Court cannot take judicial notice of the facts contained within the exhibits. (See Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1141, fn. 6 (citing Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1064).) B. Introduction Defendants Bryant Morris, Dierdre Morris, and Bryan...

Excerpt: ... 38 Cal.3d 488 (Tech‐Bilt), for an order finding that the confidential settlement entered into between Plaintiffs and W.M. Barr is made in good faith. The amount of the proposed settlement is the central fact in the Court's analysis. “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, ...

Excerpt: ...the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (Aguilar).) “‘Material facts' are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.” (Rules of Court, rule 3.1350, subd. (a)(2).) The moving party also bears ...

Excerpt: .... 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. Moving Defendants concede that the deposition testimony would be admissible if they had had the right and opportunity to cross‐examine the decedent. (See Reply at 3:5‐27; see also Evid. Code, §1291, subd. (a)(2).) Through their opposition papers, Plaintiffs s...

Excerpt: ...covery is not allowed in this administrative mandamus action “absent a threshold showing by [Real Party] of a right to engage therein....” (Motion at 2:13‐16.) Importantly, this is the only grounds identified by Petitioner in its notice of motion and argued through the supporting memorandum (Support Memo). As an initial matter, the Court rejects Respondent's argument that the motion is untimely. The Court finds that the filing of the motion...

Excerpt: ...ro a “used 2017 Chevrolet Silverado 1500,” citing to Castro's complaint at paragraphs 6‐7. This is not accurate. Nor is a demurrer the time to assert purported undisputed facts. Paragraph 6 alleges a “new 2017 Chevrolet Silverado 1500” entered the stream of commerce. According to paragraphs 7 and 8, in 1 The Court construes the demurrer as being made on the ground of failure to state sufficient facts by GM's citation to Code of Civil Pr...

Excerpt: ...such evidence, a “good faith” determination is an abuse of discretion. Moreover, the declaration needs to address the factors set forth in Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488, 499. The supporting declarations do not contain substantial evidence regarding the Tech‐Bilt factors. In addition, the Court understands the settlement is between various parties and Ledcor now is asking for an order determining th...

Excerpt: ...1 paragraph the nature of the order being sought and the grounds for issuance of the order”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Moreover, 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. Notw...

Excerpt: ... Procedure section 430.10, subdivisions (e) and (f) to the Second Cause of Action asserted through Plaintiff's Complaint on the grounds that the Complaint fails to allege facts sufficient to support the cause of action for breach of fiduciary duty and further that the cause of action is uncertain. 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 ...

Excerpt: ... Unemployment Insurance Appeals Board (Appeals Board and collective Respondents) to set aside their decisions in the administrative proceedings titled Ashley Boydston V. Bandera/Hillstone Restaurant Group and assigned case number 6475610 and Appeals Board number AO—207980, Decision No. 6475610. “The motion is made on the grounds that the agencies' decisions are unsupported by factual and legal findings and record evidence.” (Notice of Motio...

Excerpt: ...erved initial responses that are in substantial compliance with Code of Civil Procedure sections 2030.210, 2030.220, 2030.230, 2030.240, 2033.210, 2033.220, and 2033.230, and plaintiffs' failure to serve timely responses was the result of mistake and inadvertence. (Code Civ. Proc., §§ 2030.290, subd. (a), 2033.280, subd. (a).) Plaintiffs' counsel made a calendaring mistake as to when to serve the discovery responses. Although the Court understa...

Excerpt: ...EFENDANT W.M. BARR & COMPANY, INC.'S MOTION TO SEAL SETTLEMENT AMOUNT TENTATIVE RULING: The motion to seal is DENIED. Defendant W.M. Barr & Company, Inc. moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the settlement amount between Plaintiffs and W.M. Barr identified in the Declaration of Lauren O. Miller in support of W.M. Barr's Motion for Determination of Good Faith Settlement filed on September 13, 2021. The mot...

Excerpt: ... harass and burden defendant. The Court agrees. This action involves a single vehicle that had only two repairs performed while plaintiff owned it under warranty. Although very broad, the right to discovery is not absolute. One of the important things for the Court to consider is whether the information sought is “relevant to the subject matter” and either itself admissible or “reasonably calculated to lead to the discovery of admissible ev...

Excerpt: ...t to Code of Civil Procedure section 430.10, subdivision (e), to the first cause of action purportedly asserted against NVP through Plaintiff's First Amended Complaint (FAC) on the grounds that the FAC fails to allege facts sufficient to state a cause of action. 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 forth...

Excerpt: ...ora defendants) interfered with BVK's rights pursuant to a 2007 asset purchase agreement entered into between BVK and defendant Timothy J. Long for the purchase of a cardroom by entering into another agreement for the purchase of the cardroom with Long and for having Blonien send a letter to the Bureau of Gambling Control to request that it cease its review of the first purchase agreement between BVK and Long. As a result of these allegations, th...

Excerpt: ... that the same is a binding and enforceable agreement requiring the parties to arbitrate all of the claims asserted in this action. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) 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...

Excerpt: ...UDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motions are DENIED. In their notices of motion, defendants Rafael Lupercio, M.D., Sriram Sambasivan, M.D., Bruce Bartlow, M.D., and Shasta Critical Care Specialists Medical Clinic, Inc. move for “summary judgment on the grounds that Plaintiff cannot establish any triable issue of material fact, and that plaintiff [sic] causes of action for (1) elder abuse and (2) wrongfu...

Excerpt: ...overnment Code section 815.2, which imposes upon public entities vicarious liability for the tortious acts or omissions of their employees. Plaintiff also brings the claim under Government Code section 820, which delineates the liability of public employees. However, “public entity liability for property defects is not governed by the general rule of vicarious liability provided in section 815.2, but instead by the specific provisions set forth...

Excerpt: ...s sufficient to support its 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 the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed tha...

Excerpt: ...t the Subject Regulation “was promulgated arbitrarily and capriciously, without proper consideration of alternatives, without consultation with residents of the [Veterans] Home, and without following the statutory procedure.” (See FAVP at ¶ 2.) Respondents' request for judicial notice is GRANTED. B. FACTUAL AND PROCEDURAL BACKGROUND The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to...

Excerpt: ...0, 2021, because the Court learned from defendants' counsel that their separate statement in opposition to the motion was not in the court's case management system, even though it had been served on plaintiff. Per the Court's (Hon. Wood) instruction, JNS filed the document to correct the issue and additionally filed a declaration, which apparently was also missing. The Court further ordered the parties to meet and confer to see if a compromise co...

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. 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. Defendant Auberge Resorts, LLC (Auberge) demurs, ...

Excerpt: ...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 argument. A. Petitioner Carries Her Burden of Showing the Existence of a Written Agreement to Arbi...

Excerpt: ...nds in its notice of intention to move for a new trial, plaintiff has not developed an argument on these grounds. Plaintiff's motion for a new trial on the ground of accident or surprise, which ordinary prudence could not have guarded against pursuant to Code of Civil Procedure section 657(3) is DENIED. Despite initially raising this ground in its notice of intention to move for a new trial, plaintiff has not developed an argument on this ground....

Excerpt: ...ed the RFA. Long, however, then failed to provide any explanation as to why he made the denial in his response to form interrogatory number 17.1. RFA number 131 asked Long to admit that in 2015, he believed he would be a 100% owner of Polvora, Inc. and that if the Bureau of Gambling Control approved him for licensure, then he would relinquish 80% ownership of Polvora, Inc. to Michael LeBlanc and Gabriel Pattee. Long denied the RFA. Long then prov...

Excerpt: ... offsets the judgment against Respondent. Respondent's Request for Judicial Notice (RJN) is GRANTED. The Court takes judicial notice of Exhibits 2 and 9. The Court also takes judicial notice of Exhibits 1, 3‐8, and 10, but not for the truth of the matters asserted therein. The following facts appear to be uncontroverted. In 2006, Respondent purchased certain real property known as 12 Pascale Place, Napa, California. (Property.) During the trans...

Excerpt: ... is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in 14 addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought where the gravamen of the complaint is that the “[d]efendant became intoxicated and the...

Excerpt: ...gnals Remain Insufficient to Establish the Existence of Dangerous Condition; 3. No Reasonable Trier of Fact Could Conclude that Plaintiff Exercised Due Care in Attempting to Use the Property in the Manner Alleged; 4. Any Danger Inherent in Crossing Soscol Avenue at the Incident Location was Open and Obvious and Plaintiff has again Failed to Allege Necessity as Matter of Law; 5. Any Danger Was Open and Obvious; and 6. Plaintiff Has Not Established...

Excerpt: ... Chadbourne.” (Notice of Motion at 1:20‐22.) There is no proof of service of the motion or related papers on Plaintiff. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Plaintiff waives the defect, however, by filing a substantive opposition. “It is well settled that the appearance o...

Excerpt: ...roup, Inc. (HBCG) move the Court for an order granting the moving parties leave to join United States Fire Insurance Company (US Fire) as a party to the arbitration proceedings titled Barbara L. Meyer v. Robert D. Massaro, et al., pending before the American Arbitration Association as case number 01‐20‐0004‐9809 (9809 Arbitration). Alternatively, the parties move, pursuant to Code of Civil Procedure section 1281.2, for an order terminating ...

Excerpt: ...m filing any new lawsuits in propia persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed; and (2) require Plaintiff to furnish security sufficient to cover DSH‐Napa's anticipated attorney fees and costs before being permitted to proceed further in the present matter. 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise specified. 3 The ...

Excerpt: ...ow why her former attorney included the affirmative defenses in her Answer and the defenses are therefore “irrelevant, false, and/or improper”; and (2) striking Defendant's denials of material allegations contained in her Answer to Complaint paragraph numbers 14‐15, 17‐19, 21‐23, 25‐ 28, 30‐32, and 34‐36 on the grounds that Johnson does not know why “Andino” denied material allegations and Defendant does not know what a materi...

Excerpt: ... a dog would run into him” and further because Plaintiff assumed the risk of his alleged injuries. (See Notice of Demurrer.) Through the FAC Plaintiff asserts a single cause of action against Quaranta for negligence, alleging that while both were at the Shurtleff off‐leash dog park talking, Quaranta's dog Orlock, in high‐speed pursuit of a tennis ball that had been thrown by co‐defendant Nickolas Fonville, ran into Plaintiff's knee, knock...

Excerpt: ...lass members by U.S. Mail or maintain a website with information on the Final Judgment for a period of six months after entry of Final Judgment, and, through the Class Notice, provide Class Members with the address of the website. (See Rules of Court, rule 3.771, subd. (b).) The Court is not satisfied with Petitioner's explanation as to why English‐only class notification is sufficient. Petitioners assert that “[a]n English‐only class notic...

Excerpt: ...ruling. Any such proposed order shall be filed, no later than August 20, 2021, in the form of a Stipulation and Proposed Order. If the parties are unable to so agree, they are each invited to submit a proposed order consistent with this ruling, no later than August 20, 2021. The Court will then select the proposed order that is consistent with this ruling and most reasonably balances Plaintiffs' interest in discovery with State Farm's interest in...

Excerpt: ...famation of character on the grounds of uncertainty and failure to state sufficient facts is SUSTAINED WITH LEAVE TO AMEND. Plaintiff Jennifer L. Spalding has not substantively addressed the legal arguments set forth in defendant's moving papers. Plaintiff does not allege when defendant began to represent her. Plaintiff has not pled sufficient facts supporting the breach of any particular fiduciary duty. Plaintiff has not pled her fraud claim wit...

Excerpt: ...assment, and discrimination in violation of Government Code section 12940, subdivision (k), and fourth cause of action for violation of the Whistleblower Protection Act on the grounds these claims are barred pursuant to the doctrines of collateral estoppel and judicial estoppel because 3 the matter previously was heard at the State Personnel Board (“SPB”) and that adverse determination was not set aside is SUSTAINED WITHOUT LEAVE TO AMEND. Pl...

Excerpt: ...aims asserted in the cross‐complaint. The County is entitled to review the relevant corporate and financial records. Any privacy interest is outweighed by the County's right to directly relevant evidence. Indeed, without this financial information, it is unclear how the County can prove its allegations. Turley's objections are overruled. Turley shall serve verified code‐compliant further responses, without objections, and documents within 10 ...

Excerpt: ...s amended November 14, 2019. In its opinion affirming this Court's judgment in the matter, the Court of Appeal held that Plaintiffs are entitled to an award of their attorneys' fees and costs on appeal. (See Frattini v. First American Title Co. of Napa (March 30, 2021, A158995) 2021 Cal.App. Unpub. LEXIS 2085 at *8‐9 [nonpub. opn.].) The Court of Appeal remanded the matter for this Court to 3 “calculate the amount of appellate attorney fees, ...

Excerpt: ...l Acknowledgement of Partial Satisfaction of Judgment. 5 Petitioner Kelley Dayan moves for an order permitting Petitioner to file the foregoing documents (Subject Documents) under seal on the grounds that Petitioner has a contractual obligation not to disclose certain portions of the documents that are relevant to her defense to Respondent's pending motion to compel acknowledgement. The notice of motion does not provide notice of the Court's tent...

Excerpt: ...roduction of documents responsive to request for production of documents (set one) numbers 1‐13 by producing correspondence, bills, and invoices showing when Bowman completed its electrical work. Bowman previously produced 34 documents, but Energy Plus contends it still has not received responsive documents to at least 11 of the document requests. Energy Plus also seeks issue and monetary sanctions for failure to comply with the Court's discove...

Excerpt: ... Farina has not complied with the Court's order compelling her deposition and production of documents. Alam now seeks terminating, evidentiary, and monetary sanctions. Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including issue sanctions, evidence sanc...

Excerpt: ...nd Gayle Daniels move, pursuant to Code of Civil Procedure section 2031.310, for an order compelling Defendant State Farm General Insurance Company (State Farm) to provide further responses and documents in response to Plaintiff's Request for Production of Documents, Sets One, Two and Three. 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 contac...

Excerpt: ...iff's First Amended Complaint (FAC) on the grounds that Plaintiff's allegations in support thereof are conclusory in nature and fail to support an award thereof. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformi...

Excerpt: ...y dispute is no longer at issue. Plaintiff's request for monetary sanctions contained in the memorandum of points and authorities is DENIED. The request is not code‐compliant as the request was not made in the notice of motion. (Code Civ. Proc., § 2023.040.) (2) MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT HAENAH SHARON TENTATIVE RULING: Plaintiff Jeimy Sujey Baltodano's motion to compe...

Excerpt: ...trued, 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 demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the t...

Excerpt: ...n May 10, 2021, Vaughn sent Walmart an amended notice of site inspection. The notice requests that Walmart permit Vaughn, her attorneys, and experts from WEXCO International to conduct an inspection at the Walmart Store in American Canyon “for the purposes of inspecting, measuring, surveying, testing, and photographing the property, including but not limited to the area of the Walmart 1 Vaughn states in her opposition that she slipped on a sili...

Excerpt: ... of Court, rules 2.550‐2.551, if filing such confidential materials. Defendant does not dispute that some of its financial records and information are directly relevant to this dispute and discoverable. 8 Defendant has demonstrated good cause to protect its sensitive and confidential financial information. For example, disclosure of such information could adversely affect negotiations between defendant and third parties interested in purchasing...

Excerpt: ...rt, however, exercises its discretion to consider the motion as Alam filed a substantive opposition and there is no prejudice to him. Moreover, Farina filed a reply on June 9, with a hearing set for June 11. The reply is untimely as it must have been filed and served at least 5 court days before the hearing.2 (Ibid.) There also is no proof of service attached to the reply or any indication Alam was served with the reply. With these deficiencies, ...

Excerpt: ...he action is barred by the applicable statute of limitations. B. Legal Analysis 1. Demurrer 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.) The Court must “construe the allegations of a complaint ...

Excerpt: ... pre‐ trial issues Shushereba (Case No. 19CV000345), Golick (Case No. 19CV000350), Loeber (Case No. 19CV000359), and Gonzales (Case No. 19CV000391). The Court stated: “There is no question that consolidation of these matters would promote judicial economy in light of the fact that all four cases involve the same tragic incident, with a significant overlap of evidence and witnesses.” The Court, however, deferred ruling on the motion to conso...

Excerpt: ...tion 945.4, and for leave to file a civil action against American Canyon Fire Protection District.3 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 ...

Excerpt: ...8. 4 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.) The Court may also consider as grounds for a demurrer any matter that is judicially noticeable under Evidence Code sections 451 or 452. (Code. Civ...

Excerpt: ...ice of notice waived. (See id. at subd. (d).) A. PROCEDURAL MATTERS Defendants Auberge Resorts LLC and Moana Corporation move, pursuant to Code of Civil Procedure section 1030, for an order requiring Plaintiff to post an undertaking in the amount of $50,000 on the grounds that Plaintiff resides outside of the state of California and there exists a reasonable possibility that Defendants will obtain a judgment in its favor and be entitled to recove...

Excerpt: ... on the grounds that the Subject Portions constitute irrelevant, false, or improper matter, or a demand for judgment requesting relief not supported by the allegations of the Complaint.4 More specifically, Defendants argue that the seven Subject Portions relate to Plaintiff's claim brought pursuant to California's Unfair Competition Law (UCL) but that the Subject Portions each, “go[] further than the UCL allows.” (Support Memo at 1:8‐9, 14�...

Excerpt: ...Human Resources Eligibility Review Committee set forth in paragraphs 53, 54, and 55 of the proposed First Amended Complaint (pFAC). Plaintiff moves, pursuant to Code of Civil procedure sections 576 and 473, for leave to file a proposed First Amended Complaint (pFAC) to add a cause of action for defamation against Defendant Pacific Gas and Electric Company (PG&E). The Court may, “at any time before or after commencement of trial, in the furthera...

Excerpt: ...ded to conceal this email from disclosure by copying an attorney and writing 11 “A/C priv” next to the subject line. She believes the email itself does not contain information protected by the attorney‐client privilege. Section 2031.285 provides a clawback procedure for handling claims that a document produced in discovery is subject to a “claim of privilege or of protection as attorney work product.” The provision instructs the receivi...

Excerpt: ...e 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant 3I Incorporated (3I) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6, for an order finding that 3I's settlement with Plaintiffs Sandra Valva and James Valva was made in good faith and that all cross‐complaints for equitable indemnity and contribution asserted against 3I are barr...

Excerpt: ... or produce documents described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a).) Under such circumstances, the party noticing the deposition may seek an order compelling the deponent to appear for her deposition, provide testimony, and produce all documents requested in the notice. (Ibid.) Farina appeared for a deposition via Zoom on March 18, 2021. (Modica Reply Decl., ¶ 25.) However, applying the word “appeared” to what...

Excerpt: ... information identified in the subject interrogatories to the third‐party administrator upon request. The third‐party administrator shall not disclose any of said information to any party, including Plaintiff, except as specifically authorized pursuant to validly executed reply cards. Plaintiff moves for an order compelling Defendant Napaidence Opco, LLC dba Napa Post Acute to provide further responses to Plaintiff's Special Interrogatories, ...

Excerpt: ...14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability to fashion an appropriate response. Defendants' demurrer to the second cause of action for negligent entrustment on the ground of failure to state sufficient f...

Excerpt: ...of mandate is GRANTED IN PART. Petitioner is entitled to a peremptory writ of mandate directing Respondent NVC to set aside the July 19, 2019 decision terminating Petitioner from the Criminal Justice Training Center Basic Police Academy (Program), and to reconsider the case in light of the Court's opinion as set forth herein. Petitioner is directed to prepare, and forward to Respondents no later than May 6, 2021 for approval as to form, an order ...

Excerpt: ...Court takes judicial notice of the Department of State Hospitals‐Napa Administrative Directive titled Sexual Harassment and numbered 139, attached as Exhibit 8 to the Request for Judicial Notice. (Evidence Code §452, subd. (c).) 8 The Court denies the Request for Judicial Notice (Request) as to Exhibits 1‐4, 6, 13, and 16 on the ground that none of the subjects are relevant to the Court's resolution of the issues presented. The Court takes j...

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 to meet the elder or dependent adult's basic needs, either with knowledge that injury was substanti...

Excerpt: ... 2021, and verifications were provided on March 9, 2021. As a result, plaintiff argues defendant's responses were untimely and tantamount to no responses at all, requiring objection free responses. Plaintiff is not entitled to responses without objections to all interrogatories. Plaintiff fails to mention that defendants served “hybrid” responses consisting of answers and objections. Where the response contains both an answer and objections, ...

Excerpt: ...ss‐ defendants' antiSLAPP motion should be granted. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) Crossdefendants have the initial burden of showing the challenged causes of action arise from an act in furtherance to a person's right to petition or free speech. (Id.) If cross‐defendants satisfy their initial burden, the burden shifts to cross‐complainant Karim P. Allana to show a probability of success on the merits of the challenged cau...

Excerpt: ...levant. McGill contends the requests still are relevant as to Webb's affirmative defenses, but the form interrogatories and the motion itself are directed to Webb as a cross‐ complainant, not to the answer to the underlying operative complaint or to him as a defendant. (Weixel Decl., Ex. C.) The Court understands McGill's position that the cross‐complaint may have been filed for an improper purpose and she may need to prepare the case as it w...

Excerpt: ...“manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b); see Weil & Brown, The Rutter Group (2020), § 8:1560.) Moreover, the notice of motion should contain a description of the tests and procedures. (Weil & Brown, supra, § 8:1561 [“Ask the doctor whom you designate as examiner to write out the name and description of the tests and procedures he or she proposes to utilize; and include these in y...

Excerpt: ...s Person(s) Most Knowledgable [sic] and Custodian(s) of Records; Request for Documents at Deposition.” (Subject Depo Notice.) (See Declaration of Amy Morse at ¶ 3, Exh. A. (Morse Decl.)) Pursuant to the Subject Deposition Notice, the deposition was scheduled for January 27, 2021. (See Ibid.) The Subject Deposition Notice was accompanied by a cover letter in which Plaintiff stated, in part, “[i]f your office and your witness are not available...

Excerpt: ...n has no merit. The motion necessarily fails. Renteria's motion for summary adjudication of the fourth cause of action for breach of contract on the ground the obligation it allegedly breached as plaintiff Bellisimo A Family Vineyard, LLC rendered it moot is GRANTED. Bellisimo alleges in November 2018, it entered into an oral agreement whereby Renteria agreed to “replant” a vineyard block and to obtain any necessary permits to perform the wor...

Excerpt: ... City of Napa (City). (See id. at ¶ 14, et seq.) City demurs, pursuant to Code of Civil Procedure section 430.10, on the grounds that the Plaintiff fails to allege facts sufficient to establish a dangerous condition of public property, and that Defendant 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...

Excerpt: ...rovided with accurate itemized wage statements as WSE issued wage statements that did not show the name of the legal entity that is the employer. (Id., ¶¶ 9, 27.) Instead, “We Ship Express, Inc.,” an entity which is not on record as an entity with the California Secretary of State, is shown on wage statements. (Id., ¶ 27.) 11 Labor Code section 226, subdivision (a), requires employers to give employees, as a detachable part of their payche...

Excerpt: ...n is required to be furnished and an estimate of the anticipated claims rate; (3) why the time limit to object or opt‐out is reasonable; (4) why the submission of a claim form is necessary; (5) the cy pres recipient needs to be named rather than left generally to plaintiff's counsel's choice; (6) why does distribution to the cy pres recipient fill the purposes of the lawsuit or otherwise is appropriate; (7) declaration disclosing interests or i...

Excerpt: ... permits for the property, owed Bellisimo a duty (1) to supervise all pest control operations in Bellisimo's vineyard, (2) to ensure those pest control operations in Bellisimo's vineyard were performed in a careful and effective manner, and (3) to prevent those pest control operations in Bellisimo's vineyard from being performed in a faulty, careless, or negligent manner. Bellisimo raises in its notice of motion, as the source of the statutory du...

Excerpt: ... to file a response. The Court reviewed plaintiffs' supplemental memorandum of points and authorities, plaintiffs' supplemental White declaration, defendant's supplemental reply memorandum, and defendant's supplemental Hayashida declaration and now rules as follows: A. Evidentiary Objections 1. Zeigon Declaration Defendant's six evidentiary objections to Frank Zeigon's declaration are SUSTAINED. Zeigon's declaration is based on a “review of the...

Excerpt: ...ent of presenting a tort claim.1 (See Notice of Hearing and Petition (Notice) at 1:22‐25.) The Petition is brought on the grounds that Petitioner failed to timely file his tort claim, but that such failure was excusable. (See Id. at 2:13‐22.) The Court denies the Petition because there is no indication in the record that the claim was filed late. Analysis of the petition requires a basic overview of the statutory process that a person wishing...

Excerpt: ... Complainant was required to file any opposition to the present demurrer on or before January 12, 2021. (See Code Civ. Proc. §1005, subd. (b).) No such opposition appears. However, on January 15, 2021, Cross‐Complainant filed a Verified Amended Cross‐Complaint (VACC). “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike...

Excerpt: ...tions that a proper meet and confer never took place, and that ordering additional conferring could help resolve these motions, limit the discovery requests and/or the number of objections at issues, or facilitate settlement. The parties' attorneys, Daniel Geoulla and Bridget McKinstry, are ordered to meet and confer via video conference at a mutually agreeable time on or before January 29, 2021. They shall thoroughly discuss each of the discover...

Excerpt: ...compel” initial responses to judgment debtor interrogatories (set one) and judgment debtor requests for production of documents (set one) is GRANTED. The motion stems from defendants/judgment debtors John Tudal and Cerruti Cellars, Inc.'s apparent refusal to comply with the Court's (Hon. Wood) September 30, 2020 discovery order compelling them to serve verified code‐compliant initial responses without objections. Defendants argue the debtor d...

Excerpt: ...r an order directing Respondent to show cause why the Court should not issue such writ. Petitioner further seeks a declaration, pursuant to Government code section 6259 “signifying that Respondent has violated Petitioner's rights under” Government Code section 6250 et seq. (Notice of Motion at 1:26‐2:4.) This action arises from Petitioner's request for information, submitted to Respondent pursuant to the California Public Records Act (CPRA)...

Excerpt: ...itial responses, without objections, within 15 calendar days from the date of service of notice of entry of order. Defendants' request for monetary sanctions for bringing the motion is DENIED. Howell did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a ...

Excerpt: ...e date of service of notice of entry of order. The County's request for monetary sanctions for bringing the motion is DENIED. White did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023....

Excerpt: ...session. Plaintiff instead seeks a prescriptive easement in its first cause of action. Because defendants did not address the prescriptive easement claim in their opening papers,2 or the equitable easement claims (second and third causes of action), they have not shown there has 2 In their reply, defendants attempt to correct their oversight by raising new argument as to the prescriptive easement claim and attaching new evidence. The Court has no...

Excerpt: ...appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Delicato Vineyards moves the Court, pursuant to Code of Civil Procedure section 1281, et seq., for an order compelling arbitration of Plaintiff Sherri Tueros' Complaint and staying any further proceedings pending that arbitration on the grounds that a written arbitration agreement covers the allegations of the Complaint. A proceeding to compel a...

Excerpt: ...0, subdivision (d). If Defendant files and serves supplemental papers, Plaintiff may then file and serve, no later than November 25, 2020, supplemental opposition papers. Defendant may then file and serve a supplemental reply no later than December 4, 2020. Defendant Oregon State University (OSU), appearing specially, moves the Court “for an order quashing the service of summons on OSU and dismissing the action, or alternatively, to dismiss thi...

Excerpt: ...roperty. As plaintiffs succinctly frame it: “the fact that [Webb's] hillside is unstable and could fail at any time, the fact that it failed in the past, the fact that it has moved, has caused damage, and is obstructing the shoulder of Plaintiff's [sic] driveway access, and the fact that if it continues to move it will damage, obstruct and/or destroy the only access into the property, and the fact that Plaintiffs are now confronted with a secon...

Excerpt: ...ctively codifies the delayed discovery rule in connection with actions for fraud, providing that a cause of action for fraud ‘is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.'” (Brandon G. v. Gray (2003) 111 Cal.App.4th 29, 35.) Plaintiffs adequately allege delayed discovery stemming from the purported fraud. Plaintiffs purchased the new 2012 GMC Sierra 1500 on Ap...

Excerpt: ... justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...

Excerpt: ... (e) and (f), to the first, second, fourth and fifth causes of action asserted through the First Amended Cross‐Complaint (FACC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each fails to state facts sufficient to constitute a cause of action and each is uncertain, ambiguous, and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint file...

Excerpt: ...ct of California. 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 request...

Excerpt: ...ormation would have been a motion to compel. (See Code Civ. Proc. §2025.480.) 6 Code of Civil Procedure section 340.5 contains a three‐year limitations period after death or oneyear period after discovery of the injury causing death in which to file suit. Defendant argues section 340.5 bars the action. The argument fails. Decedent passed away on September 22, 2017. Plaintiffs filed their complaint on September 21, 2018, followed by the first a...

Excerpt: ...5,000, which exceeds the limited civil jurisdictional amount. Although defendant 3030 Airport Road, LLC strongly disagrees and questions the veracity of the evidence, the County explains why it took so long to seek reclassification due to attorney oversight. The Court is cognizant of defendant's purported prejudice in not being able to prepare a fair market value defense, but any such prejudice can be remedied by re‐ opening discovery on this l...

Excerpt: ...ily fails. Defendant's motion for summary adjudication as to the first cause of action for disability discrimination – wrongful disciplinary action (Gov. Code, §§ 12926, 12940, et seq.) and third cause of action for disability discrimination – wrongful termination (Gov. Code, §§ 12926, 12940, et seq.) on the ground Klaus cannot establish a prima facie case of disability discrimination [Issues No. 1, 5] is DENIED. “To establish a prima f...

Excerpt: ...spirit of antitrust laws, which plaintiff Robert Jordan does not allege. Defendants correctly cite the law on the issue: “When a plaintiff who claims to have suffered injury from a direct competitor's ‘unfair' act or practice invokes section 17200, the word ‘unfair' in that section means conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable...

Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...

Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...

Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a new trial, must state…the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”];...