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: ... 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: ...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...