Excerpt: ...s) request for leave to defend the action with respect to Amani is GRANTED, but, with respect to Sharif, is MOOT, as personal jurisdiction has not been, and likely cannot be, established as against him given his passing. Finally, Amani is granted 10 days' leave to file the answer attached to the motion, as revised to remove Shayne One to reflect this order. The Court orders a Case Management Conference set for November 10, 2022 at 8:30 a.m. in De...

Excerpt: ...ance of the legal causes of action contained in Defendants' cross‐complaint to be tried to a jury. The moving party 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. 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 rema...

Excerpt: ... DENIED. Respondent Deborah Jeanne Miller, trustee of the Elizabeth Anne Miller Residence Trust, (Respondent) moves to quash the March 15, 2022 Deposition Subpoean for Production of Business Records (Subject Subpoena) propounded on non‐party Early Warning Services, LLC (EWS) by Petitioner Duncan Mackenzie Miller on the grounds that: (a) the Subject Subpoena is overbroad as to time and scope; (b) is designed to cause Respondent unwarranted annoy...

Excerpt: ...Civil Procedure sections 430.10, 430.30, and 430.50, to the Third Amended Verified Complaint (TAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Both of Plaintiff's requests for judicial notice, filed on March 16, 2022, and April 26, 2022, are DENIED. None of the subject documents are relevant to the Court's resolution of the issues raised by the demurrer. Moreover, the ...

Excerpt: ...he subpoena duces tecum (Subpoena) issued by Defendant Pacific States Petroleum, Inc. (Defendant) served on Key Health Medical Solutions, Inc. (Key Health). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (...

Excerpt: ...position subpoena. Moreover, that Declaration did not include any of the purported exhibits thereto. On March 8, 2022, The Court published a Tentative Ruling in advance of the original hearing date on the motion. That Tentative Ruling identified the evidentiary deficiencies described above. On March 11, 2022, Plaintiff filed a document captioned “CORRECTED DECLARATION OF STEVEN H. KUHN, ESQ. IN SUPPORT OF MOTION FOR ORDER COMPELLING DEPONENT MA...

Excerpt: ...n settlement than he would if he 6 were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.” (Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) However, a party objecting that a settlement lacks good faith...

Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local 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 for oral argument or continuance of hearing, made by any party who re...

Excerpt: ...tion for summary adjudication is DENIED in all other respects. The motion for summary judgment is also DENIED. A. PROCEDURAL MATTERS QVMC and SJH move, pursuant to Code of Civil Procedure, section 437c, for summary judgment against Plaintiff David Wayne Edwards, Jr. on three grounds: (1) QVMC nurses did not breach the standard of care; (2) QVMC and SJH owed no duty to protect Plaintiff from the negligence of treating physicians because those phys...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. [2] RO AND...

Excerpt: ...orcal Gold. Inc., James O'Bryon, and RE/MAX Gold move to strike Plaintiffs' SAC and TAC on the grounds that both were improperly filed. A. PROCEDURAL MATTERS 1. Defendants' Request for Judicial Notice Defendants' Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Minute Order – sustaining Defendants' demurrer to Plaintiffs' original complaint – entered in this action on August 6, 2021 (Order on Original Demurrer). ...

Excerpt: .... (e), to the seventh cause of action for elder abuse asserted in Plaintiffs Gerald L. Nunn and Judith L. Nunn's (“Plaintiffs”) first amendment to the third amended complaint (“TAC”). A. JUDICIAL NOTICE Defendants' request for judicial notice regarding the five court filings and orders is GRANTED but not for the truth of the matters asserted therein. Likewise, Plaintiffs' request for judicial notice of the three court orders is GRANTED bu...

Excerpt: ...ir Inc. (“ESR”) to comply with Plaintiffs' deposition subpoena for business records issued in December 2021 (the “Subpoena”). If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of 5 the deposition record. (Code Civ. Proc., § 2025.480, subd. (b), § 1987.1, subd. (a).)1 The subpoenaed party's objections or other resp...

Excerpt: ...ough this motion during the depositions as to specific questions. I. PROCEDURAL MATTERS Third‐parties to this litigation Richard Troche and Mike Dion (collectively Movants) move, pursuant to Code of Civil Procedure sections 2020.220, 2025.410, 2025.420, and 1987.1 et seq., for an order quashing, and a protective order regarding, the deposition subpoenas served by Defendant on the grounds that: (1) the subpoenas are a misuse of the discovery pro...

Excerpt: ...s for implied indemnity, equitable indemnity, comparative indemnity and/or contribution in accordance. The moving party 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. 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 Loc...

Excerpt: ...ves for a protective order limiting the number of interrogatories propounded by Plaintiff Yvonne A. Grant in Plaintiff's special interrogatories, set one. The motion is made pursuant to Code of Civil Procedure sections 2030.090, 2030.030, 2030.040, 2030.050, 2030.060, 2019.030, and 2023.10 et seq. on the grounds that the interrogatories exceeding 35 are excessive, unwarranted by the complexity of the case, and an 10 abuse of the discovery process...

Excerpt: ... be taken into account in the determination of whether a settlement is in “good faith” include, but are not limited to: a rough approximation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (See Tech‐Bilt, Inc. v. Woodward‐Clyde & ...

Excerpt: ... order sealing certain documents which were submitted conditionally under seal by plaintiffs in opposition to CalVet's previous motion for summary judgment. The asserted grounds are as follows. “The referenced documents and deposition testimony subject to this Motion constitute ‘information pertaining to security risk assessments, evaluations, protocols, and procedures for the Veterans Home of California, Yountville campus,” per the [Stipul...

Excerpt: ...uant to Code of Civil Procedure section 1987.1 for an order quashing the deposition subpoena issued by Defendant Pacific Gas & Electric Company (PG&E) to Sacramento Municipal Utility District (SMUD) on the grounds that PG&E cannot make the requisite showing that the records and information sought are directly relevant and essential to a fair resolution of this case; (2) that there is a compelling need for the information and records; and (3) that...

Excerpt: ...D IN PART. Defendant and his counsel are ordered to pay to Plaintiff, care of Plaintiff's counsel of record, monetary sanctions in the amount of $2,782.50 no later than 10 days after notice of entry of the present order. Plaintiff Napa County Land Trust, d/b/a Land Trust of Napa County moves, pursuant to Code of Civil Procedure sections 2030.290 and 2031.300, for an order compelling Defendant Jeffrey Hammond to provide further responses to reques...

Excerpt: ...ounds that most of the issues of fact and law are common to both actions and many of the same witnesses will testify in both actions. Defendant 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 a...

Excerpt: ...the deadline and only three court days before the hearing. (Code Civ. Proc., § 437c, subd. (b)(2) (opposing papers must be served and filed not less than 14 days before the noticed date of the hearing).) Here, Plaintiffs submit evidence to show good cause for their delay in filing and service. (Burton Decl., ¶¶ 2‐10.) The Court elects to exercise its discretion to consider the late‐filed opposition. (California Rules of Court, rule 3.1300,...

Excerpt: ...ugh the California Department of Veterans Affairs (“CalVet”) is DENIED. CalVet moves, pursuant to Code of Civil Procedure section 437c, subd. (f)(1) and (2), for an order granting it summary judgment or, in the alternative, summary adjudication as to each cause of action asserted against it in (i) the second amended complaint filed by Plaintiff 7 Theodore Joseph Shushereba (“Shushereba Plaintiff”) in Case No. 19CV000391 (“Shushereba Com...

Excerpt: ...io”) (collectively, “Defendant Physicians”) demur, pursuant to Code of Civil Procedure section 430.10, to the first cause of action for elder abuse and neglect asserted in Plaintiff Thomas James Farnan, Jr.'s (“Plaintiff”) third amended complaint (“TAC”) on the grounds of uncertainty and failure to state a cause of action. Defendant Physicians' demurrers are OVERRULED. A. STANDARD ON DEMURRER Code of Civil Procedure section 430.10 p...

Excerpt: ...IED. Defendant's request for sanctions is GRANTED IN PART. A. PROCEDURAL ISSUES There is no proof of service on Plaintiff's motion in the Court's file. To the extent there were any notice defects, Defendant waived any objection to the defect(s) by failing to raise such objection and by submitting opposition papers addressing the substance of Plaintiff's motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975...