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...

Excerpt: ...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. The notice of motion fails to state the nature of the relief sought and the grounds upon which that relief is sought. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a ne...

Excerpt: ...uesting 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 TheKey Management, LLC move, pursuantto Code of Civil Procedure, sections 1281 ...

Excerpt: ...e trial court and, "will not be disturbed on appeal absent a clear showing of abuse." (Branick v. Downey Savings & Loan Association 39 Cal.4th 235, 242.) However, "[i]f the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is errorto refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defe...

Excerpt: ...7, 2023, Plaintiff filed a Notice of Appeal ofthe Judgment. Nevertheless, the Court finds that it has jurisdiction to hear the present motion. (See Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 360 ["trial court 'retains jurisdiction to hear a motion for attorney fees despite an appeal'"].) "In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorn...

Excerpt: ...iscussed below. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Duffy's Napa Valley Rehab, LLC (DNVR) demurs, pursuant to Code of Civil Procedure, section 430.010, to the First Cause of Action for Sexual Harassment / Violation of Unruh Act (Sexual Harassment Claim) , Fourth Cause of Action for Negligent Hiring, Retention, and Supervision (Negligent Hiring Claim), Fifth Cause of Action for Premises Liability, Sixt...

Excerpt: ... the Property was destroyed by the Atlas Wildfire. State Farm paid the Daniels $2,295,697.48 in benefits for coverage A (Dwelling), and for coverage 8 (Contents). The Daniels filed this action against State Farm and Agent Samrick on October 25, 2018. Trial began on September 26, 2022. Following the presentation of evidence, the Court granted a Motion for a Directed verdict on the negligence claim against State Farm. The Jury found that Agent Samr...

Excerpt: ...However, the operative complaint is the Amended Cross-complaint filed August 16, 2022. (See, e.g., Notce of Motion at 2:5, 9.) The Cross-complaint contains no third cause of action and no cause of action for Nuisance. For these reasons, the Court existence of a prescriptive easement over property owned by Cross-Defendant the Napa Land Trust (Land Trust); and (2) the Land Trust's "conduct on [sic] making alterations to the Subject Roads...were unr...

Excerpt: ...n September 28, 2023, a Sur-Reply consistent with the following. 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 immediately prov-de, 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, t...

Excerpt: ... truth of all matters asserted in, and the genuineness of documents attached to Plaintiff's Request for Admissions. 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 immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argumen...

Excerpt: ... on grounds that the Complaint fails to allege facts suffic:ient to constitute a cause of achon based on DSH's immunity pursuant to Government Code section 854.8, Plaintiff's failure to file a government claim, and based on the two-year statute of limitations. (See Notce of Demurrer.) The Court finds, in the supporting memorandum, no discussion, argument, or citation to authority in support of DSH's assertion that the Court lacks jurisdiction "ov...

Excerpt: ...udiced."l (Notice of Motion at 2:3-6.) 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 immediately prov-de, 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...

Excerpt: ...al abuse against Belen Costa, and for supporting an award of punitive damages against her. The motion to strike is DENIED in all other respects. Defendant Belen Costa (B. Costa) demurs to and "seek[s] to strike", pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 435, and 435, and California Civil Code section 3295, subdivision (e), to the second purported cause of action in the Complaint for an accounting (Account...

Excerpt: ...hts, all of which relate to access to and across the property at issue, from the cause of action for nuisance based on recent improvements to the main road through the property." 2 (Notice of Motion at 2:2-8.) Through the moving papers Plaintiff, "asks the Court to order that trial in this matter be phased or separated so that the parties argue and present evidence on the access—related claims first and that they reach and try Hammond's nuisanc...

Excerpt: ...ection 415.30 gcwerns the manner for service of a summons and complaint. Subdivision (d) of the statute provides that, "[i]f the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the partyto whom the summons was mailed shall be liable for reasonable expenses thereafter incurred...

Excerpt: ...ly protected Fifth Amendment rights against self-incrimination and Sixth Amendment rights under the Federal Constitution and Defendant's corresponding state rights under the California Constitution." (Notice of Motion at 1:22-2:3.) The case arises out of allegations of injury stemming from a motor vehicle collision between vehicles driven, respectively, by Defendant and Plaintiff Gurdip Singh Malhi. The alleged collision is also the subject of th...

Excerpt: ...ndant failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant is therefore 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 for oral argument or continuance of hearing, ...

Excerpt: ...equests a new trial on the issue of non-economic damages, or in the alternative, for additur. The court may grant a new trial on the grounds of irregularity in the proceedings that: deprived the party of a fair trial; was based on insufficient evidence to justify the verdict or the verdict was against law; or where there was error in law occurring at trial, or excessive damages. of Civ. Proc 5657) When presented with a motion for a new trial, the...

Excerpt: ...h the probable validity of any real property claim asserted therein by a of the evidence. (See Notice of Motion.) 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. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under...

Excerpt: ...e, Special Interrogatories — Set One, and Form Interrogatories — Set One. The order to produce responses is STAYED pending resolution of the Motion for Order Relieving Responding Party from Waiver of Objections currently set for hearing on August 8, 2023. The truth of the matters specified in Defendants' Request for Admission, propounded on Plaintiff, is hereby deemed admitted by Plaintiff. Finally, Plaintiff is ordered to pay to Defendants, ...

Excerpt: ...ended Cross-complaint in substantially the same form (though in final non-redlined form) as that attached as Exhibit F to the Declaration of Lisa Lin Garcia. Sutter Home's Request for Judicial Notice is GRANTED. Sutter Home Winery, Inc. (Sutter Home) moves for an order granting Defendant leave to file a Second Amended Answer to Plaintiffs Complaint and a Second Amended Cross- Complaint. The Court may, "at any tme before or after commencement of t...

Excerpt: ... notice explicitly required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under 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, regardles...

Excerpt: ...t. 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. Cypress Insurance Company, as administered by Berkshire Hathaway Homestate Companies ("BHHC") moves for an order granting leave to intervene in this action on grounds that the moving party "is entitled to in...

Excerpt: ...ff's original memorandum, any matters discussed through Plaintiff's supplemental memorandum, and/or any of the matters discussed below. That portion of the Court's March 14, 2023 Order restraining and enjoining "Defendants, their employees, agents and/or any other person or entity acting with them or on their behalf...from conducting the Trustee's Sale of the Property located at 17 San Francisco Avenue, South Lake Tahoe, CA 96150" is hereby exten...

Excerpt: ..., subd. (b).) The Court therefore exercises its discretion and orders these portions stricken from the 4th AC. (See id.) Defendant Towpath Village, LLC (Towpath) demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (d), to the purported sixth (violaton of Civil Code S 1950.5 (Section 1950.5 Claim)) and seventh (Intentional Infliction of Emotional Distress (IIED Claim)) causes of action asserted through Plaintiffs' Fourth Amende...

Excerpt: ...DENIED as to Defendant Joseph Cherry, but without prejudice to Defendant Cherry's right to move to strike such prayer from any subsequent iteraton of the complaint. A. PRELIMINARY MATTERS Defendants County of Napa and Napa County Adult Protective Services Worker Joseph Cherry (Moving Defendants) "demurrer to and move to strike" the Third Amended Complaint on grounds that: (1) Plaintiff fails to allege that Defendant County of Napa owes her a stat...

Excerpt: ...03 Trust, and Oakville Hills Cellar, Inc., their employees and agents, and persons acting on their behalf or in concert with them from conducting unlawful tours and tastings at Dalla Valle winery, located at 7776 Silverado Trail in Napa, California, pending either: (1) trial of this achon or (2) a final determination by Napa County modifying Dalla Valle winery's use permit to authorize tours and tastings. Defendants so-move on grounds that Plaint...

Excerpt: ...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 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.App.3d 393, 399.) A petition ...

Excerpt: ...t recognizes that the parties seriously dispute whether Kelham Vineyards has fully complied with the Writ. At this juncture, the Court is unable to ascertain the veracity of the parties' countering contentions which are purely argument at this point. Thus, the Court finds that an evidentiary hearing is appropriate. The Court does not elect to exercise its discretion to grant a jury trial on the issue, as requested by Petitioner, where an evidenti...

Excerpt: ...on and is uncertain. (Notice of Demurrer at 3:5-8.) A complaint must contain "facts constituting the cause of action." (Code Civ. Proc., S 425.10, subd. (a)(l).) "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ... (e) The pleading does not state facts sufficient to constitute a cause of The pleading i...

Excerpt: ...uant to Health & Safety Code section 1430 pending the outcome of such arbitration. The matter is set for a Review Hearing re: Arbitration on December 8, 2023, at 8:30 a.m. in Dept. B. l. PRELIMINARY MATTERS Defendants Providence Group, Inc. and NAPAIDENCE OPCO, LLC move, pursuant to Code of Civil Procedure section 1281.2, to compel arbitration and stay the action "based on the parties' written agreement to arbitrate." (Notice of Motion at 1:25-27...

Excerpt: ...quest for sanctions is DENIED. FPI Management, Inc. (FPI) moves, pursuant to Code of Civil Procedure secton 2030.300, for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form Interrogatory Nos. 6.4, 6.5, 6.7, 8.4, 8.7, 50.1 and 50.2 (Subject Interrogatories).l FPI 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. further moves, pursuant to section 2030.3(L subdiv...

Excerpt: ...intiff Elsa Espinosa. "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit...." (Code Civ. Proc„ S 437c, subd. The party moving for summary judgment and/or summary adjudication bears the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 825, 850.) A defendant meets this burden by showing that one or more elements...

Excerpt: ...her ordered to pay to Judgment Creditor Amulet Estate LLC care of its attorneys of record monetary sanctions in the amount of $2,045 within 30 calendar days of notce of entry of entry of the present order. Plaintiff and Judgment Creditor Amulet Estate LLC moves, pursuant to Code of Civil Procedure sections 708.030, subdivision (a) and 2031.310, for an order compelling Beckstoffer to prov-de full and complete responses, and produce responsive docu...

Excerpt: ...covery, without objection, and remit payment in the amount of $540 as monetary sanctions to Defendants, care of their attorneys of record, within 10 calendar days of notice of entry of the present order. 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 immediately prov-de, by telephone call AND email, the miss...

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. Defendant FCA US LLC (FCA) moves for an order compelling arbitration and staying the action, "based on the Arbitration Provision included in the Sales Contract agre...

Excerpt: ...llege facts sufficient to state a claim and further fails to plead standing to assert the claims against Defendant. Defendant demurred to the original complaint on these same grounds. The Court sustained that demurrer by Minute Order of February 1, 2023 (2/1 Order). Thereafter Plaintiff filed the FAC. As with the first demurrer, while Defendant— through the Notice — suggests two independent grounds for demurrer, the arguments advanced through...

Excerpt: ...ined against them. Defendants so move on grounds that the Court lacks jurisdiction over Defendants because the substituted service was not properly effectuated which resulted in Defendants lacking actual notice of the action. In the event that the Court finds that substituted service was properly effectuated, Defendants alternatively move for the Courtto exercise its equitable powers and set aside the default and default judgment on grounds that ...

Excerpt: ... Strata demurs, pursuant to Code of Civil Procedure section 430.10, subdivisions (a), (b), and (e), to the Fourth Cause of Action for Negligence and Fifth Cause of Action for Breach of Contract asserted in Galleron's Complaint filed February 23, 2023. The grounds for the demur are that these causes of action are barred by the statute of limitations and fails to state facts sufficient to constitute a cause of action. The moving party failed to inc...

Excerpt: ...Movants) move, pursuant to Code of Civil Procedure section 437c, for summary judgment on the Cross-complaint filed by Karim P. Allana, or in the alternative summary adjudication on each of the four causes of action asserted against movants therein. The motion is made on grounds that there are no triable issues of material fact as to any of the causes of achon asserted through the Cross-complaint. A. PROCEDURAL MATTERS The Cross-complaint purports...

Excerpt: ... (Notice of Motion at 1:22-25.) Following multiple rounds of briefing, Reliant fails to explain exactly what the requested "enforcement" would entail. There is no proposed order on file. There appears in the moving papers and supplemental briefs no specific request for an order mandating or prohibiting any action by any party (or the Special Master). Moreover, given that the parties have, both explicitly and by implication, agreed to a significan...

Excerpt: ...mpelling Respondents Kelham Vineyards & Winery LLC's ("Kelham Vineyards") and Susanna Kelham ("Ms. Kelham") (collectively, "Respondents") to comply with Corporations Codel section 17704.10 and to make an initial return to the Writ by 4:00 p.m. on December 15, 2022 ("Writ"). On January 25, 2023, the Court issued an Order to Show Cause regarding Respondents' Failure to Comply with the Writ and Why Sanctions Should Not Issue ("First OSC"). (Minute O...

Excerpt: ...ice 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 immediately prov-de, 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 for oral argument or continuance of hearing, made by any party who represe...

Excerpt: ...anted leave to serve and file, no later than April 24, 2023, a supplemental reply of no more than 4 pages addressing matters raised by BTC through the supplemental opposition. Pursuant to the Notice of Mohon, "The Reliant Group (Reliant) moves to enforce Pre- Trial Order No. 1 and seeks clarification regarding the scope of the Special Master's authority. Reliant also seeks clarification regarding Special Master's December 9, 2022 email order, spe...

Excerpt: ...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. The pleadings serve as the "outer measure of material-ty" and "determine the scope of relevant issues on a summary judgment motion." (Laabs v. City of Victor...

Excerpt: ...r. Plaintiff is directed to give Defendant notice of the continued hearing. Plaintiff Kelsbn Group, Inc. dba Pacific Credit Services moves for an order to set aside the default and default judgment entered against Defendant Natalie Morrison on grounds that, "the aforementioned Entry of Default and Default Judgment has been erroneously prepared and should not have been submitted to the courts...." (Notice of Motion at 1:25-27.) The Court appreciat...

Excerpt: ...tice of Motion at 1:22-25.) A. NATURE OF THE RELIEF SOUGHT THROUGH HE MOTION The Court finds the Notice of Motion vague and ambiguous regarding precisely what form of relief Reliant seeks and the grounds on which Reliant seeks it. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...the grounds upon which it will be made"]; see also Rules of Court, Rule 3.1110 [ "[a] notice of motion must state in the open...

Excerpt: ... ruling. The motion to compel is DENIED in all other respects. The request for monetary sanctions is also DENIED. Defendant FPI Management, Inc. (FPI) moves for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form and Special Interrogatories, Requests for Production of and Requests for Admissions and for an award of monetary sanctions in the amount of $1, 770M. A. Interrogatories The Court finds from the evidence pr...

Excerpt: ...rogatories, Set One, and Request for Production of Documents, Set One, no later than 15 calendar days after notice of entry of order. Blakely and his counsel are ordered to payto Plaintiff, care of its attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $1,080. Plaintiff Benigno Gaytan Ramirez moves, pursuant to Code of Civil Procedure sections 2030.290 and for an order compelling Blakeley to s...

Excerpt: ...sponse to request numbers 7-11, 13, 16, 19-23, 25-25, and 32-33 within 15 calendar days of notice of entry of the present order. The Court further orders Defendant to comply with Code of Civil Procedure section 2031.280, subdivision (a), by serving on Plaintiffs, within 15 calendar days of entry of the present order, a spreadsheet identifying for each of documents 1-601 previously produced, "the specific request number to which the documents resp...

Excerpt: ...ment 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 La Tawla, LLC and BBJ Rentals Inc. move, "for an order to: (1) compel Plaintiff Ana Gaytan Garcia...to submit her individual PAGA claim to binding arbitrat...