Excerpt: ...lic entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his employment.” The undisputed facts establish that the injury in question arose from the negligent act of Mr. Duarte, a person who was not an employee of Defendant Merced County Office of Education. This shifts the burden ...

Excerpt: ...g grounds: (1) the limitation‐of‐liability provision (“LOL”) in the written agreements between Blackburn/Crawford and plaintiff Spring Mountain Vineyard, Inc. is enforceable; (2) Blackburn/Crawford did not commit gross negligence and, as such, the alleged gross negligence is not a proper basis for not enforcing the LOL; and (3) whether or not Blackburn/Crawford did commit gross negligence, the LOL's prohibition on the recovery of conseque...

Excerpt: ...umber 30 seeks copies of the NCSD's policies, procedures, and training for use of force from 2009 to the present. (Podrobinok Decl., Ex. 1 at p. 8.) The NCSD opposes. A. Statement of Facts In 2018, Albert Wong entered a building at the Veteran's Home of California in Yountville armed with a loaded semi‐ automatic weapon and dressed in tactical gear. (Third Amended Compl., ¶¶ 59, 66‐67.) The combat veteran entered a room and allowed certain ...

Excerpt: ...ocal Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. The Notice of Motion fails to state the specific grounds on which the motion is sought. (Code Civ. Proc. §1010; Rules of Ct., rule 3.1110, subd. (a).) The Notice of Motion states that “Plaintiff Merchant Cash and Capital, LLC…move[s] the court for an order setting aside the judgment of dismissal entered o...

Excerpt: ... p. 1:6.) The notice of motion also does not identify the statutory basis allowing a motion to modify a bond amount for a preliminary injunction to be brought. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(a).) Assuming there is a basis, defendants argue the injunction bond was not sufficient to cover their damages. Defendants want the bond amount to require plaintiffs to provide for regular monthly payments to them. Defendants, how...

Excerpt: ...0 a.m. in Dept. B. Each party may serve and file, on or before September 9, 2020, a supplemental brief, no longer than 15 pages, addressing the issues identified herein below. Each party may, on or before September 16, 2020, submit a Supplemental Reply, no longer than 10 pages, addressing arguments raised by the other party. The Court reserves all other issues for subsequent proceedings. Petitioner seeks a “writ of mandate…directed to Respond...

Excerpt: ...f notice of entry of the present order. Clerk is to provide said notice. 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...

Excerpt: ...and form interrogatories (employment law) (set one) numbers 200.1‐200.6, 201.1‐201.7, 207.1‐207.2, 208.1‐208.2, 209.2, 211.1‐ 211.3, 215.1‐ 215.2, and 216.1. Craig acknowledges the motion as to these requests is moot after defendant A Wine Valley Experience Limousine Ind. (dba Napa Valley Tours and Transport) served amended responses to each of the requests to the motion. (Keister Decl., ¶ 12; Reply at p. 3:10‐16.) Craig's motion t...

Excerpt: ...the terms of the signed settlement agreement, and awarding sanctions sufficient to reimburse Nicholsen for his reasonable attorneys' fees and costs incurred in connection with the within motion.” (Notice of Motion at 1:24‐2:2.) In opposing the motion, Plaintiff argues that “there was not a meeting of the minds with respect to agreeing on a location of the amended easement before submitting the lot line application to Napa County.” (Opposi...

Excerpt: ...ees. Jury Trial is set for December 14, 2020, 8:30 a.m. in Dept. A. The Mandatory Settlement Conference is set for November 5, 2020, 8:30 a.m. in either the Settlement Conference Room, or by Zoom. 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...

Excerpt: ... to the first amended complaint. Default judgment was entered on June 18, 2020. Defendants' motion focuses entirely on events leading up to the People seeking default judgment on June 15, 2020. Defendants present no argument or evidence as to why default should be set aside based on any purported mistake, inadvertence, excusable neglect, or surprise. The motion as to the setting aside of default, therefore, necessarily fails. Turning to the entry...

Excerpt: ... – promise made without intention to perform (Civ. Code, § 1710(4))5 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, 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 d...

Excerpt: ...ich the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action . . . shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.” As the appellate court stated, “Napa County Code section 1.20.025 allows for prevailing party attorney's fees in civil nuisance abatement actio...

Excerpt: ...ocedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, in person or by Zoom, unless it is confirmed that no party requests oral argument. A. Introduction Defendant General Motors LLC (GM) demurs, pursuant to Code of Civil Procedure section 430.10, to the fifth cause of action for fraud in the inducement based on intentional misrepresentation, and sixth causes of action for fraud in the inducement based on conc...

Excerpt: ...d Stewart Hoffman (collectively Moving Defendants) move the Court for an order staying this action pending resolution of People v. Wysinger, against defendant Ronald Wysinger. The motion is brought on grounds that “defendant Wysinger has asserted his constitutionally protected Fifth Amendment right” and by doing so “is refusing to respond to any discovery, appear for deposition or produce evidence that is material and essential to Defendant...

Excerpt: ...s GRANTED as to Special Interrogatory Numbers 1 and 7, and Request for Production of Documents Number 4. The motion is DENIED as to Request for Production of Documents Numbers 8 and 12. As an initial matter, the Court finds that Plaintiff's counsel made a reasonable effort to meet and confer in order to resolve the issues raised by the present motion. (See Rodriguez Declaration at ¶3; Johnson Decl. at ¶¶3‐5.) As part of this effort, Plaintif...

Excerpt: ..., Inc. (1996) 14 Cal.4th 479 that by filing the cross‐complaint on August 1, 2011, against defendant Timothy J. Long, plaintiff BVK Gaming, Inc.'s (“BVK”) elected to treat Long's purported breaches of the agreement, at that time, as a breach of the contract, thus terminating the contract. According to the Polvora defendants, the four‐year statute of limitations began to run at the time BVK filed its prior lawsuit as it elected at that tim...

Excerpt: ...�) to show the probable validity of the claim based upon a preponderance of the evidence. (Id., § 405.32.) On June 6, 2020, the Nunns filed a notice of appeal of the January 30, 2020 judgment entered against them, the September 26, 2019 order granting Chase's motion to dismiss, and the April 3, 2020 order denying the motion for a new trial. The Nunns argue “[g]iven the errors attending the motion for new trial and the Nunns' uncontested showin...

Excerpt: ...n the case at bar, courts generally must require an undertaking, or allow a cash deposit, to cover any damages caused by the injunction. (Code Civ. Proc., §§ 529, 995.710.) When the preliminary injunction was entered, the cost of any remedial plan was unknown. The Court adopted a plan on November 1, 2 Webb has not explained why a $75,000 undertaking is appropriate. 2019, for Webb to install a new thirty‐foot long by five‐foot tall I‐beam ...

Excerpt: ... shall update the Court on his plans to progress with the project. (2) PLAINTIFFS' MOTION TO QUASH TENTATIVE RULING: Plaintiffs John P. and Wanda McGill's (individually and as trustees for the McGill Family Trust 2018) motion to quash the deposition subpoena for Jim Glomb is GRANTED. The Court mentioned in its November 1, 2019 Minute Order that “Glomb should be made available to allow Webb an opportunity to explore what Glomb believes is occurr...

Excerpt: ... Procedure section 877.6, subdivision (a)(1), and California Rules of Court, rule 3.1382. Moving Defendants' request for judicial notice is GRANTED in its entirety. “[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, the amount paid in settlement, the allocation of settlement proceeds am...

Excerpt: ...and…compel[ling] enforcement of Plaintiff's Acceptance of Defendant's offer of compromise made pursuant to California Code of Civil Procedure section 998.”1 (See Motion at 2:5‐8.) A. Requests for Judicial Notice 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise noted. Defendant's Requests for Judicial Notice labeled A, B, G, H, and J are GRANTED. The Court takes judicial notice of the respective docum...

Excerpt: ...otion for summary judgment is DENIED. Defendant's request for attorneys' fees is DENIED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. Plai...

Excerpt: ...substantial risk of serious financial or other injury if disclosed, and must be sealed in the court's record pursuant to California Rules of Court, Rules 2.550 and 2.551.” (Motion at 2:4‐10.) “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Ct., Rule 2.550, subd. (c).) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists...

Excerpt: ...s managers, members, employees, agents, contractors and invitees from accessing Frostfire's property via the existing driveway at 1575 Los Carneros Avenue; and, (b) erecting any barriers or obstacle of any kind upon said driveway. Frostfire moves on grounds that failure to enjoin the subject activities will result in irreparable injury to Plaintiff, and further that no harm to Defendant would result from granting the motion. A. Procedural History...

Excerpt: ...l date sufficiently in the future to take deposition discovery and bring a motion for summary judgment. The motion is, in essence, a motion for reconsideration of the Court's September 26, 2019 decision on the motion to dismiss. The Nunns are seeking to promote waiver and/or estoppel to support further arguments regarding the deadline to bring the case to trial after the remittitur. These arguments are based on facts available to the Nunns and sh...

Excerpt: ...s about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.” (See's Candy Shops, Inc. v. Super. Ct. (2012) 210 Cal.App.4th 889, 900.) The Court is sympathetic to Defendant's complaints regarding the burden stemming from Plaintiffs' counsel's election to submit, as evidence in opposition to the underlying motion for summary judgment, interrogatory responses, rather than preparing and filing – or at...

Excerpt: ...d code‐compliant initial responses, without objections, within 10 calendar days of service of notice of entry of order. Plaintiff's request for monetary sanctions is DENIED. The request is not codecompliant. Plaintiff did not cite in the notice of motion a specific code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“T...

Excerpt: ...s CRC Luxury Motors, LLC, Soscol Auto Repair dba Midas/Speedee LLC, and Curtis Correll (collectively, defendants). (Code Civ. Proc., § 2033.280, subd. (b).) The People's motion to compel initial responses to form interrogatories (set one) from defendants [notice of motion numbers 4‐6] is GRANTED. (Id., § 2030.290, subd. (b.) Defendants shall serve verified code‐compliant initial responses, without objections, and documents within 20 calenda...

Excerpt: ...ative 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant First American Title Insurance Compan...

Excerpt: ...er. Ct. (2003) 110 Cal.App.4th 1273, 1283‐84.) However, “there must be substantial prejudice to an overriding interest if the document[ ] is made available to the public.” (Ibid.) As deftly stated in Huffy, supra, 112 Cal.App.4th at p. 107: “Much of the settlement agreement is routine verbiage which appears in most settlement agreements. Further, the settlement agreement has a specific provision that if disclosure is required by a court o...

Excerpt: ... second complaint. Plaintiff added the moving defendants as individual defendants in this action. Venue is based on the allegation that the agreements were made in Napa County and plaintiff's principal place of business is in Napa County. (Second Amended Compl., ¶ 10.) There are no allegations regarding venue as to the individual defendants. The addition of the individual defendants impacts venue as it limits the wide choice of venue permitted i...

Excerpt: ...otion for summary judgment is GRANTED. A. Requests for Judicial Notice Plaintiffs Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters asserted therein. Samrick's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the subject documents, but not for the truth of the matters assert therein. B. Plaintiff's Objections to Evidence Objection No. 1 ...

Excerpt: ... 15, 2020. Based on that Notice of Errata, the Court accepts and considers the Amended Declaration of Paula Maietta filed January 23, 2020 (Maietta Decl.). Plaintiff's objection number 2 to the Declaration of Paula Maietta is OVERRULED. Defendant Noble House NVWT, LLC (NVWT) petitions the Court, pursuant to Code of Civil Procedure section 1281.2, and 1281.4, for an order to compel arbitration and stay the action as to Plaintiff Jonathan Vaughan. ...

Excerpt: ... to set aside default is GRANTED. The Clerk's Default Judgment entered against Defendant Myrian McIntosh on January 02, 2020, shall be set aside, and the writ of possession issued thereupon on January 02, 2020 is hereby recalled and of no further force and effect. Defendant's demurrer, attached as Exhibit C to the Declaration of Selwyn Whitehead in Support of Ex Parte Application is deemed filed as of the date of this hearing. The Court sets Defe...

Excerpt: ...thwith 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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Factual Background The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to provide any health care item or servic...

Excerpt: ...7c, subdivision (a)(3). Defendant did not object to the hearing date, and fully briefed the substance of the motion. Therefore, if Plaintiff, either prior to or at hearing on the matter, is able to present the Court with good cause as to why the matter should be heard less than 30 days prior to the Trial Management Conference: The motion will be GRANTED; Plaintiff shall prepare and file a Proposed Order and Judgment consistent herewith, approved ...

Excerpt: ...9CV001491 • Oaks, et al. v. Wysinger, et al. – Case No. 19CV001503 As a preliminary matter, the Court cautions Defendant V. Sattui regarding its misrepresentation of the Court's Minute Order of December 20, 2019. That order states, in part, as follows. “[I]t appears from the holding in [Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1472] that the Court is without authority to consolidate the small claims matter, Case No. 19...

Excerpt: ...st. 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, in person or by CourtCall, unless it is confirmed that no party req...

Excerpt: ...fendants”) to indemnify BTC. (See Notice of Motion and Motion at 2:19‐22.) The motion is DENIED. A. Evidentiary Objections IGS and IDF each, separately, object to the evidence referred to as, “Reliant's March 12, 2019 Cost Breakdown” submitted by BTC at Exhibit J to “Evidence in Support of Bruce Tucker Construction, Inc.'s Motion for Summary Judgment.” The objections are SUSTAINED. The proffered document is not properly authenticated....

Excerpt: ...ng, in person or by CourtCall, unless it is confirmed that no party requests oral argument. Defendant Wagner & Bonsignore Consulting Civil Engineers' motion for good faith settlement under Code of Civil Procedure section 877.6, subdivision (a)(2), is DENIED. (TechBilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) The proposed settlement payment of $65,999 is not proportionate to defendant's liability for damages alleged to ex...

Excerpt: ...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, in person or by CourtCall, unless it is confirmed that no party requests oral argument. On December 16, 2019, Plaintiffs filed a document entitled, “Plaintiffs' Motion for Reconsideration Nunc Pro Tunc, in which Plaintiffs, “request the Court enter as filed Plaintiff's Motion for Rec...

Excerpt: ...ground 1 It appears that the judicial council's reference to demands of more than $1,000 relates to Code of Civil Procedure section 431.40. That section is not, however, relevant here because Defendant's pleading is an Answer to the complaint for breach of contract. On September 10, 2019, the Court continued the matter because the parties did not comply with Local Rule 3.3 requiring courtesy copies of all documents in excess of 15 pages, which we...

Excerpt: ...y Local Rule 2.9. Plaintiff's counsel is directed to contact Defendant forthwith and advise Defendant of Local Rule 2.9 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendant prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Local Rule 2.9. Although Plaintiff's motion is capt...

Excerpt: ...el shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 2.9. Defendant JPMorgan Chase Bank N.A. moves to dismiss this action under the mandatory provision requiring dismissal for failure to bring the case to trial within the prescribed statutory time period. Plaintiffs Gerald L. Nunn and Judith L. Nunn oppose (collectively, the “Nunns”). A. M...

Excerpt: ...r a preliminary injunction. Thus, there is some question regarding whether the notice is proper. (See Code Civ. Proc. § 1010; Cal. Rules of Court, Rule 3.1110, subd. (a).) The body of the Memorandum section of the same document, however, discusses the propriety of an injunction under Code of Civil Procedure section 526, subdivision (a)(2), (Plaintiff's Ex Parte Application, filed June 25, 2019 (Application) at 13:9‐13.) Defendant, through its ...

Excerpt: ...Judicial Notice Defendants' Request for Judicial Notice is GRANTED in part. The Court takes judicial notice of the following: (A) Petition and Complaint filed January 15, 2019, in the matter of Hall Vineland, LLC et al. v. City of St. Helena, et al., in Napa County Superior Court Case No. 19CV000093, but not for the truth of the matters asserted therein; (C) Plaintiffs' Request for Dismissal of the Complaint in Napa County Superior Court Case No....

Excerpt: ...e‐trial issues. In accord with that order, defendant filed a consolidated demurrer. Plaintiffs Theodore Joseph Shushereba (successor in interest to the Estates of Jennifer Gonzales Shushereba and Cecilia Rose Shushereba and in his personal capacity), Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), Donald Loeber and Marie Loeber, and Michael Gonzales and Kathleen Gonzales each filed separate oppositions. The var...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendants' counsel is directed to contact Plaintiffs' counsel forthwith and advise Plaintiffs' counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiffs' counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel ap...

Excerpt: ...cal Rule 2.9 and the Court's tentative ruling procedure. If defendant's counsel is unable to contact plaintiff's counsel prior to the hearing, defendant's counsel shall be available at the hearing, in person or by telephone, in the event plaintiff's counsel appears without following the procedures set forth in Local Rule 2.9. Defendant Leticia Perez Rodriguez's motion to compel plaintiff Jefferson De Azevedo's further deposition pursuant to Code ...