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Location: Napa x
Judge: Langhorne, Monique x
2022.10.14 Motion for Nonsuit 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2022.10.14
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 ...
2022.03.10 Motion to Compel Responses, for Monetary Sanctions 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2022.03.10
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 ...
2021.12.23 Motion for Determination of Good Faith Settlement 131
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.23
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 ...
2021.12.22 Demurrer 769
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.22
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...
2021.12.16 Motion for Judicial Determination of Good Faith Settlement 453
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.16
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, ...
2021.12.07 Motion for Summary Judgment, Adjudication 312
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.07
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 ...
2021.12.03 Motion to Exclude Decedent's Incomplete Deposition Testimony 453
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.03
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...
2021.12.01 Motion for Protective Order, for Discovery Sanctions 912
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.12.01
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...
2021.11.30 Demurrer 755
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.30
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...
2021.11.19 Motion for Determination of Good Faith Settlement 131
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.19
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...
2021.11.18 Demurrer 185
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.18
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...
2021.11.09 Demurrer 303
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.09
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 ...
2021.11.09 Petition for Writ of Mandamus 149
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.09
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...
2021.11.04 Motion for Relief from Waiver of Objections 305
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.04
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...
2021.11.04 Motion for Determination of Good Faith Settlement 453
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.04
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...
2021.11.03 Motion for Protective Order 755
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.03
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...
2021.11.03 Demurrer 935
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.03
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...
2021.11.02 Motion to Compel Further Responses 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.11.02
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...
2021.10.27 Motion to Compel Arbitration 089
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.27
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...
2021.10.27 Motion for Summary Judgment, Adjudication 193
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.27
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...
2021.10.19 Demurrer, Motion to Strike 343
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.19
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...
2021.10.15 Demurrer 242
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.15
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...
2021.10.13 Petition for Writ of Mandate 078
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.13
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...
2021.10.12 Motion to Compel Further Responses 086
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.12
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...
2021.10.08 Demurrer 963
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.10.08
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, ...
2021.09.29 Petition to Compel Arbitration 955
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.29
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...
2021.09.13 Motion for New Trial 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.13
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....
2021.09.01 Motion to Compel Further Responses 155
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.09.01
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...
2021.08.31 Motion to Compel Acknowledgement of Partial Satisfaction of Judgment 237
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.31
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...
2021.08.26 Motion to Strike 475
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.26
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...
2021.08.26 Demurrer 021
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.26
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...
2021.08.24 Motion to Void Default Judgment 174
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.24
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...
2021.08.24 Motion to Compel Arbitration 621
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.24
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 ...
2021.08.18 Motion to Declare Vexatious Litigant 335
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.18
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 ...
2021.08.17 Motion to Strike 702
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.17
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...
2021.08.12 Demurrer 021
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.12
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...
2021.08.11 Motion for Preliminary Approval of Class Action Settlement 475
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.11
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...
2021.08.06 Motion for Protective Order 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.06
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...
2021.08.04 Demurrer 282
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.08.04
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...
2021.07.30 Demurrer 631
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.30
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...
2021.07.29 Motion to Compel Further Responses 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.29
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 ...
2021.07.28 Motion for Attorney Fees 902
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.28
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, ...
2021.07.27 Motion to Seal 237
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.27
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...
2021.07.21 Motion to Compel Compliance 739
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.21
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...
2021.07.14 Motion for Further Sanctions for Failure to Obey Discovery Order 250
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.14
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...
2021.07.08 Motion to Compel 467
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.08
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...
2021.07.01 Motion to Strike 071
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.07.01
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...
2021.06.29 Motion to Compel Further Responses 025
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.06.29
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...
2021.06.22 Motion for Protective Order or to Quash 189
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.06.22
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...
2021.06.22 Motion for Protective Order 386
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2021.06.22
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...

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