Excerpt: ...der Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Defendants and Cross -Complainants Arnold Wenyon and Desiree A. Wenyon, as Incumbent Trustees of the Wenyon Living Trust Under Declaration Dated July 26, 2004 (“Cross - Co...

Excerpt: ...e Second Cause of Action for Intentional Misrepresentation, Third Cause of Action for Negligent Misrepresentation, and Fourth Cause of Action for Violation of Business & Profession Code section 17200 fail to state facts sufficient to constitute causes of action against Defendant. 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 fac...

Excerpt: ..., subdivision (b), for an order bifurcating the trial and 3 sequencing discovery to ensure that the parties' and Court's resources are utilized in the most efficient manner. Alternatively, if the Court chooses not to grant bifurcation, Defendant requests an order, pursuant to Code of Civil Procedure section 2019.020 and the Court's inherent power, sequencing discovery first as to whether Plaintiff is an appropriate PAGA representative, and then,...

Excerpt: ...00, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. Plaintiff Glow Beverages, Inc. moves, pursuant to Code of Civil Procedure § 2023.030, subds. (d)(1) and (4) for an order:...

Excerpt: ... Complaint judicially admits that Plaintiff is not a licensed contractor as required under licensing requirements of section 7031 of the Business and Professions Code (“Section 7031”);1 and (2) the sixth cause of action fails to allege that Plaintiff was detained or arrested let alone the subject of the misuse of the judicial power or process of the Court, as it also fails to allege that any act was done in the name of the court or under its ...

Excerpt: ...”) moves, pursuant to Code of Civil Procedure section 473, for an order to correct a clerical error on the Dismissal Order Nunc Pro Tunc to reflect that only Defendant County of Napa was dismissed. The moving party did not provide code -compliant notice of the hearing, as the proof of service indicates that the notice and moving papers were served, by mail and electronic means, 5 16 court days before the hearing, and not 16 court days plus fi...

Excerpt: ...17) 16 Cal.App.5th 1190, 1204- 05.) “A copy of [a petition to compel arbitration] and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc., § 1290.4, subd. (a).) “If the arbitration agreement does not provide the manner in which such service shall b...

Excerpt: ...pposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Plaintiff Clover Flat Land Fill Inc. dba Clover Flat Land Fill, Inc. (“Plaintiff”) moves, pu...

Excerpt: ...e missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. A. PRELIMINARY MATTERS Defendant Peggy Thomas moves, pursuant to Code of Ci...

Excerpt: ...2030.300, for an order compelling Defendant Beth Anne Moore to provide further responses to Form Interrogatories, Set One, Nos. 15.1, 16.1, and 17.1 and for an order awarding the sum of $660 in attorneys' fees pursuant to Code of Civil Procedure sections 2023.010, 2023.020 and 2030.300. For interrogatories, the propounding party has the burden of filing a motion to compel if it finds the answers it receives unsatisfactory, but “the burden of ...

Excerpt: ...fees in Plaintiff's favor and against Defendants Terence Redmond and Melissa Redmond, individually and as trustees of the Redmond Family Revocable Trust Dated September 11, 2013 (“Defendants”) in the amount of $430,480. The Motion is brought on the grounds that Plaintiff is the prevailing party on an action to enforce the governing documents of the Oak Creek East Homeowners Association (Civ. Code § 5975(c)), and that Plaintiff is entitled to...

Excerpt: ...d against One87 in the additional amount of $50,000, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. However, prior to entering an order on the motion, the Court would like t...

Excerpt: .... However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not Petitioner is present at the hearing. Petitioner seeks an order correcting the award in favor of Respondent Nancy Christiansen issued by the California Contractors State Licensing Board in Case No. AN2023- 149, on grounds that the award is “imper...

Excerpt: ...-11.) Specifically, through their Motion, Plaintiffs contend that they are a successful party under section 1021.5 because their filing of this lawsuit was the catalyst for Defendants taking all action demanded by Plaintiffs. A. Legal Standard Under Section 1021.5, “a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting th...

Excerpt: ...gument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Plaintiffs Silver Rose Property Owner LP and Silver Rose Residential Owner LP (Plaintiffs) move, pursuant to Code of Civil Procedure sections 1280 et seq., for an o...

Excerpt: ...nded complaint consistent with this order. Defendants are directed to provide notice. A. Procedural Matters Defendants Napa Valley Restaurant Group dba Don Bistro Giovani (“NVRG”) and Giovani Scala (“Scala”) (collectively, “Defendants”) demur, pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.30, subdivision (a), to every cause of action contained in the First Amended Complaint (“FAC”) filed b...

Excerpt: ...er quashing the deposition subpoena for production of business records (Subpoena) served by Plaintiffs Gurdip Singh Malhi and Charanjit Kaur on Queen of the Valley Hospital (QVMC).1 Defendant so -moves on two grounds. First, Defendant contends that the Subpoena calls for the disclosure of his private medical, mental, and physical health information and therefore constitutes an invasion of Defendant's rights of privacy under the California Constit...

Excerpt: ... ($500/hr x 1.5 hrs =) $750 no later than 14 calendar days from notice of entry of the present ruling. Plaintiff Lisa Keith moves, pursuant to Code of Civil Procedure sections 2025.480, subdivision (a) and 2031.320, subdivision (a) for an order compelling third- party Singer Associates (Singer) to serve further responses to Plaintiff's Deposition Subpoena for Production of Business Records and for an award from Singer of monetary sanctions “equ...

Excerpt: ... wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9 and appear at the March 8, 2024 hearing. A. PROCEDURAL MATTERS 1. Disclosure Judge Smith discloses that prior to taking the bench she was a partner with Coombs & Dunlap, LLP. However, Caryn Hreha joined the firm after Judge Smith's departure. Judge Smith can be fair and impartial in the matter. 2. Nature of Motion Defendant Kendra Baumga...

Excerpt: ...e for adjudication. The Court sets the matter for a trial setting conference on April 25, 2024, at 8:30 a.m. in Dept. B. Defendant, Cross -Complainant, and Cross -Defendant Sutter Home Winery, Inc., dba Trinchero Family Estates (Sutter Home) moves, pursuant to Code of Civil Procedure sections 386, 386.5, and 386.6, “for an order: (1) discharging Sutter Home from liability to any party in the interpleader cross -action against Cross -Defendants ...

Excerpt: ... the first cause of action in Plaintiff's Complaint is dismissed as against the moving Defendant. Defendant Wheelan Inc. doing business as Don John Landscaping (“Wheelan”) moves for summary judgment in its favor on the Complaint filed by Plaintiff Daniel Stewart (“Plaintiff”), on the grounds that all three causes of action for motor vehicle, premises liability, and general negligence have no merit. Wheelan contends that “Plaintiff's o...

Excerpt: ...at the first cause of action in Plaintiff's Complaint is dismissed as against the moving Defendant. Defendant Wheelan Inc. doing business as Don John Landscaping (“Wheelan”) moves for summary judgment in its favor on the Complaint filed by Plaintiff Daniel Stewart (“Plaintiff”), including its three causes of action for motor vehicle, premises liability, and general negligence, on the grounds that all causes of action have no merit. Whee...

Excerpt: ...ents for requesting oral argument under Local Rule 2.9 remain in e
¯ect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. 2 A. PRELIMINARY MATTERS Defendant Kinsale Insurance Company (Kinsale) moves, pursuant to Code of Civil Procedure section 437c, for summ...

Excerpt: ...t on the Second Amended Complaint filed by plaintiff Robert Espinosa in the consolidated action bearing Case No. 21CV000226 on grounds that each Plaintiff has failed to allege sufficient facts in their respective complaints to state a cause of action against Cal-Fire under Vehicle Code section 17001 for the negligent driving of its employee. (See Support Memo at 3:6-12.) Cal-Fire's Request for Judicial Notice is DENIED as to the Court's tentative...

Excerpt: ...cture allegedly encroaching on Plaintiffs' property and Mr. Wagner is the owner and manager of Defendant The Original Thomas ("TOT"), the current owner of the allegedly encroaching structure. The Court notes that these are defendant parties to this action. As an initial matter, by Minute Order dated November 1, 2023, in which the Court granted Defendants TOT's, Michael L. Holcomb's, and Maria C. Holcomb's (collectively, "Defendants") motions to a...