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: ...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: ...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: ...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: ...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: ...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: ...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...