Excerpt: ...ity is DENIED. Should any party wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9. A. PROCEDURAL MATTERS 1. Nature of Motion Defendant Kendra Baumgartner moves, pursuant to Code of Civil Procedure sections 391.3, for an order requiring Plaintiff Wendell Coleman to furnish security in the amount of $82,966.50 to ensure payment of Defendant's reasonable litigation expenses.1 Defendant so - ...

Excerpt: ...her capacity as Napa County Superintendent of Schools, as well as their agents, employees, officers, representatives, partners, and any and all persons or entities acting in concert including Real Parties in Interest, the Napa County Office of Education and Napa Foundation for Options in Education (NFOE and collectively Respondents) “from any actions implementing and/or effectuating the County Board's March 5, 2024 conditional approval, or any ...

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...

Excerpt: ...record, sanctions in the amount of $2,557.50 no later than 10 calendar days after service of notce of entry of order. The request for an order finding Plaintiff in contempt is DENIED. Defendants Sharon Coleman and Daniel Davis, individually and as trustees of the Cary M. Tozer and Doris V. Tozer Family Trust; Michael Taylor Ford and Edward Roy Moody, as trustees of the 2020 Michael Taylor Ford and Edward Roy Moody Rewcable Trust; Robert l. Clark;...

Excerpt: ...other action pending between the same parties on the same cause of action and (2) fails to state facts sufficient to constitute a cause of action. "The party against whom a complaint ... has been filed may object, by demurrer ... to the pleading on any one or more of the following grounds [including] [t]here is another action pending between the same parties on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) This special demurr...

Excerpt: ...Misrepresentation, Third Cause of Action for Negligent Misrepresentation, Fourth Cause of Action for Violation of Business & Professions Code section 7151 (California Home Improvement Statutes ("HIS")), and Fifth 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...

Excerpt: ...ef. Finally, the motion is DENIED as to Plaintiff's prayer for prejudgment interest. l. PRELIMINARY MATTERS Defendant, Cross-complainant, and Cross-Defendant Sutter Home Winery, Inc. (Sutter Home or Defendant) moves, pursuant to Code of Civil Procedure, section 437c, for summary judgement against Plaintiff and Cross-Defendant Says Siri. "The motion will be made on the grounds that the undisputed material facts establish that Siri's sole remaining...

Excerpt: ...nting leave to intervene in the instant case. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the 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 fo...

Excerpt: ...of Costs filed by Defendant and Cross-complainant Jeffrey Hammond (Hammond), or in the alternative, for an order tax-ng the requested costs set forth therein.l "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (S 1032, subd. (b).) A "prevailing party" is defined to include "the party with a net monetary recovery, a defendant in whose favor a dismi...

Excerpt: ... allow for adequate notce of the rescheduled deposition date to Mr. Fultz. The request for sanctions is GRANTED IN PART. Mr. Fultz is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctons in the amount of $3,902. Plaintiffs shall provide notce of entry of order. Plaintiffs Robert and Carole Roszkowski (collectively, "Plaintiffs") move, pursuant to Code of Civil Procedure...

Excerpt: ... criminal liability and what other events would eliminate such liability in advance of the expiration of any such statute. Defendant State of California by and through Department of Forestry and Fire Protection (Cal-Fire) moves for an order vacating the trial date and setting a status conference to reset trial on the grounds that the criminal prosecution of Cal-Fire driver Chief William White, which is based on the same events at issue here, rema...

Excerpt: ...rial facts confirm that Plaintiff cannot maintain her causes of achon against Simon as follows: (A) Simon did not have a duty to protect Plaintiff from the unforeseeable criminal acts of Maximo Perez. Accordingly, Plaintiff's first cause of action for Negligence and second cause of action for Premises Liability fail as a matter of aw. (8) Simon's alleged conduct was not a substantial factor in bringing about Plaintiff's injuries. Accordingly, Pla...

Excerpt: ...rder compelling Defendant Estate of Pamela Anne Ramos ("Defendant") to provide answer to written discovery and for an order granting the moving party the reasonable attorney's fees and costs associated with filing the motion in the amount of $3,550 as sanctions against Defendant and Defendant's counsel. (Notice at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required ...

Excerpt: ...ELIMINARY MATTERS Defendants Covidien Holding Inc. and Medtronic USA Inc., and Specially Appearing Entities Covidien LP, Covidien, Inc., Covidien, LLC, Medtronic PLC, United States Surgical Corp., a division of Tyco Healthcare Group LP, and Sofradim Production SAS (collectively, "Covidien Defendants") demur, pursuant to Code of Civil Procedure sections 430.10, subdivision (e) and 430.30, to Plaintiff Jon Carsten's Complaint for Damages (Complaint...

Excerpt: ...ision (a), and 576, for an order allowing Plaintiff to file a second amended complaint ("SAC"). The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect...

Excerpt: ...g 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. Defendants Home Care Assistance, Inc., Home Care Assistance, LLC, and The Key Management, LLC move, pursuantto Code of Civil Procedure, sections 1281 et se...

Excerpt: ...g claims against Compass to arbitrate those claims on grounds that Compass, Plaintiff Steven Mavromihalis, and Cross- Complainant Damian Archbold, are parties to an arbitration agreement that encompasses the claims asserted against Compass in this action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immedi...

Excerpt: ...Interrogatories nos. 15.1 and 17.1; and (3) special Interrogatories nos. 12, 14, 15, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30, 32, 33, 35, 38, 39, 41, 72, and 75. The Motion is DENIED WITHOUT PREJUDICE as to: (1) Construction Form Interrogatories no. 303.3 as to Silver Rose GP, LLC; (2) Special Interrogatories nos. 8, 36, 42, 44, 45, 47, 48, 50, 51, 53, 54, 55, 57, 59, 50, 62, 63, 65, 66, 68, 69, 71, 74, 77, 78, 80, 82, 86, 90, 92 as to Silver Rose...

Excerpt: ...ss-Defendant Vesta Pacific Development, Inc. ("Vesta Pacific") and Nos. 1-10, 12-19, 22-30, 32, 35-38, 40-42 and 44 as to Defendant Third Street Napa Development, LLC ("Third Street"); and (2) the request to compel further responses to Form Interrogatory Nos. 12.1, 16.1, and 17.1 with respect to Request for Admission No. 1 and *cial Interrogatory Nos. 1, 4, 5, 12, 13, 14, 16, 19 and 22. The motion is DENIED as to Request for Production Nos. 21, 2...

Excerpt: ... produced all responsive documents in his possession, custody, and control; (2) produce all documents in accordance with his statement of compliance; (3) serve amended verified responses to the Form and Special Interrogatories which are as complete and straightforward as the information reasonably available to the responding party permits; and (4) pay to Defendant, care of his attorney of record, sanctions in the amount of $4,680. A. Introduction...

Excerpt: ...s filed July 20, 2023, in this action. The Court finds that the motion was timely filed. "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).)l In order to recover costs, the prevailing party is required to file and serve a memorandum of costs. (Rules of Court, rule 3.1700, subd. (a).) "Any notice of motion to stri...

Excerpt: ...ND (2) SECOND, THIRD, AND THIRTEENTH AFFIRMATIVE DEFENSES TO CROSS-COMPLAINT [3] MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION OF CROSS-COMPLAINT AGA NST CROSS-DEFENDANT RLM CONSTRUCTION SERVICES, INC. [4] RENEWED MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FIRST, SECOND, AND THIRD CAUSES OF ACTION OF CROSS-C...

Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint." (S 438, subd. The Answer raises the affrmatve defense of failure of consideration. Plaintiff does not address the issue through the moving papers. As such, Plaintiff fails to establish that the answer does not state facts suffcient to constitute a defense to the Complaint. Moreover, it appears that Plaintiff seeks relief that is not available through a motion for judgm...

Excerpt: ...objection in response to the Foundation's Request for Production of Documents, Set One and failure to prov-de Code-compliant responses to the Foundation's Special Interrogatories Set One and Dr. White's Special Interrogatories Set One, in violation of this Court's Order granting in part Defendants' Motion to Compel Responses." (Notice of Motion at 2:6-11.) Defendants further move, pursuant to Code of Civil Procedure, sectons 2031.300, subdivision...

Excerpt: ... of action for breach of fiduciary duty (twelfth) asserted against them through Plaintiff's Fourth Amended Complaint on grounds that, (1) the claim is barred by collateral estoppel, and (2) Defendants are immune from liability. (Notice of Motion at 1:24-2:6.) The subject claim appears to be the only one asserted by Plaintiff against these moving defendants through the Fourth Amended Complaint (FAC). Moving Defendants' Request for Judicial Notice ...

Excerpt: ...second phase) is GRANTED. Respondent's motion for a Protectve Order pursuant to Civil Code section 3295, subdivision (a) is therefore MOOT. Respondents and Defendants Deborah Jeanne Miller, trustee and a beneficiary of the Miller Family Trust (Trust), Suzanne aimee Regan, a beneficiary of the Trust, John Reagan, and David Zuckerman apply, ex parte, for: (1) a protective order pursuant to Code of Civil Procedure, section 3295, subdivision (a); and...