Excerpt: ...he remaining six actions, listed below, is DENIED. 10 Ledcor moves, pursuant to Code of Civil Procedure section 877.6, subdivision (a)(1), for an order determining that the settlement agreement between Ledcor and non‐party Galleron Properties, LLC (“Galleron”) is entered into in good faith. Ledcor further moves, pursuant to Rules of Court, rule 3.1382, for dismissal of the following actions, which Ledcor represents have been resolved by the...

Excerpt: ...ein, the preliminary question is whether the parties have, in fact, stipulated and agreed as to which of the specific defect‐claims are (a) released by the parties' Settlement Agreement (pursuant to the Court's May 4, 2022 Order adopting the Special Master's recommendations); which are (b) potentially valid warranty claims properly made during the warranty period; and which are (c) claims made outside of (after the expiration of) the warranty p...

Excerpt: ...s Motion for Summary Judgment; (2) Merryvale's Separate Statement; (3) (respective) Declarations of Jim Vorhis and Rene Schlatter; (4) Defendants' Opposition to 4 Pacific's Motion for Summary Judgment; (5) Declaration of Noel S. Cohen in Support of Opposition; (6) Defendants' Response to Separate Statement (collectively, the Subject Records). “Unless confidentiality is required by law, court records are presumed to be open.” (Rules of Court, ...

Excerpt: ...at date, filed May 19, 2022 (May 11 Minute Order), the Court explicitly advised Plaintiff and Plaintiff's counsel that the Court was prepared to grant the motion for terminating sanctions unless Plaintiff appeared and adequately explained her failure to honor her discovery obligations and to comply with the Court's orders. Adventist Health collectively move, pursuant to Code of Civil Procedure, section 2023.030, for an order dismissing the action...

Excerpt: ...ase being “buried” in the Court's file management system. Plaintiff Mary Beth West moves, pursuant to Code of Civil Procedure section 473, subdivision (a)(1) and section 576, for an order granting her leave to file a Second Amended Complaint. The Court may, “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ....

Excerpt: ... and 576, for an order granting leave to file a first amended cross‐complaint. The proposed first amended cross‐complaint names two additional cross‐defendants: (1) Pamela Hogin, the owner of Plaintiff and Cross‐Defendant Napa Valley Insurance Services, LLC (“NVIS”), and (2) Michael Hogin, the husband of Pamela and a management employee of NVIS. Pamela Hogin and Michael Hogin are collectively referred to hereinafter as the “Hogins.�...

Excerpt: ...ected to give Defendant notice of the continued hearing. 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 Local Rule 2.9 remain in effect. However, the Cou...

Excerpt: ...operative pleading at issue is Plaintiff's second amended complaint (“SAC”) which, following the Court's order on demurrer on June 22, 2021, asserts a single cause of action for intentional infliction of emotional distress. 1. Defendants' Request for Judicial Notice Defendants' Requests for Judicial Notice numbers 4, 5, 6, and 7 regarding Plaintiff's verified discovery responses in Exhibits G, H, I, and J is GRANTED. Defendants' Request for J...

Excerpt: ...recorded lis pendens that was void ab initio because of their failure to properly file and serve it in this case; on October 7, 2021, Chase stated in open court that it would file motion to expunge the lis pendens; on December 9, 2021 Chase filed its motion to expunge [“December 2021 Motion”]; on December 28, 2021 Plaintiffs withdrew the lis pendens. Chase is therefore the “prevailing party” on the motion to expunge lis pendens by virtue ...

Excerpt: ...d meritless objections. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit...

Excerpt: ...ntiff Dora Itzul Padilla moves, pursuant to Code of Civil Procedure section 2031.310, for an order compelling Defendant Pacific States Petroleum, Inc. to identify and produce materials requested in Plaintiff's Request for Production, Set Two, and for an order imposing monetary sanctions against Defendant and Defendant's counsel. The requests at issue are numbers 39‐44. (Plaintiff's Separate Statement.) Requests 39, 40, and 41 seek photographs a...

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. Plaintiff and Judgment Creditor Don Weil moves for an order to show cause re: Contempt and for sanctions and attorneys' fees on the grounds of Defendant Matt Follner's on‐...

Excerpt: ...ct. 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 Scotti Stark moves for an order setting aside the default and default judgment entered against him on grounds that the default was taken through mistake, inadvertence, surprise and excusable negle...

Excerpt: ...ves, pursuant to Code of Civil Procedure sections 2031.010, 2031.310, 2023.010 and 2031.310, subdivision (h), and Evidence Code section 1016, for an order compelling Plaintiff Dora Itzul Padilla's further responses to Defendant's request for production of documents, set one, and for monetary sanctions. The motion is made on the grounds that Plaintiff has asserted vague and meritless objections in purported support of her failure to produce docume...

Excerpt: ... 49 upon their refiling of the subject declaration of Noel S. Cohen. The motion is GRANTED in all other respects. Cross‐Defendants RO Sales and Distribution Services, Inc. and Pacific Highway Wines & Spirits, LLC (collectively Pacific) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing unredacted versions of certain exhibits to the Declaration of Noel S. Cohen filed in support of V2's Opposition to Pacific's Motion f...

Excerpt: ...dent Taggart LLC (“Plaintiff”) to arbitrate a controversy between the parties pursuant to an agreement between the parties, and staying the action pending completion of arbitration. I. LEGAL STANDARD Code of Civil Procedure section 1281.2 requires a trial court to grant a petition to compel arbitration “if [the court] determines that an agreement to arbitrate the controversy exists” unless it determines that enumerated exceptions – not ...

Excerpt: ...tantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. 3 I. PROCEDURAL MATTERS: DEFENDANT'S SEPARATE STATEMENT Throughout its motion, Defendant cites to portio...

Excerpt: ...atories (set one), and request for production of documents (set one) within 10 calendar days of service of notice of entry of order. Plaintiff is ordered to pay to Defendants, care of their attorneys, sanctions in the amount of $550.00 no later than 10 days after notice of entry of this order. Defendants Arco Smog Pro and Dhillon Arco AM/PM & Arco Station (erroneously sued as Kulbir S. Dillon), individually and doing business as Soscol Arco Smog ...

Excerpt: ...SJH is entered into in good faith. 2 “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' 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 he would if he were found liable after a tri...

Excerpt: ... to the settlement agreement. The requested relief is for the Court to approve the settlement and each of the terms as being in the best interest of the parties and to end expensive protracted ongoing litigation between the parties. The governing statute for the determination of a good faith settlement that resolves the claims of only some, and not all, defendants in civil actions is Code of Civil Procedure section 6 877.6. Plaintiff Blue Bay Ven...

Excerpt: ...e answer attached to the motion. 1 The Court orders a Case Management Conference set for November 15, 2022, at 8:30 a.m. in Dept. A. Defendant Christopher Bearman moves, pursuant to Code of Civil Procedure section 473.5, “for an order setting aside the Unlawful Detainer Default and Default Judgment entered against Defendant. This motion is made on the grounds that service of the Summons and Complaint did not result in actual notice of the actio...

Excerpt: ...n the amount of $8,507.00 no later than 10 days after notice of entry of this order. I. PROCEDURAL MATTERS Defendant moves, pursuant to Code of Civil Procedure section 425.16, to strike the TAC and for an award of attorney fees for costs incurred in bringing this motion. The motion is brought on the grounds that each of the claims asserted against the District arise out of written 4 and oral communications protected under Code of Civil Procedure ...

Excerpt: ...Interrogatories, Set Two; Supplemental Interrogatories, Set One; and Supplemental Requests for Production of Documents, Set One (collectively the Subject Discovery). The Court finds, based on the evidence presented, as follows. Adventist Health served the Subject Discovery on Plaintiff on February 3, 2022. (See Declaration of Parysa Ghazizadeh at ¶ 4 (Ghazizadeh Decl.).) Written responses were therefore due on or before March 11, 2022. (See Code...

Excerpt: ...et One, and John Reagan's Special Interrogatories, Set One. Plaintiff also seeks sanctions in the amount of $4,905.60 on the grounds that the “propounding parties have provided no facts supporting the contention that more than 35 interrogatories are necessary and the discovery is unreasonably cumulative, duplicative, and not reasonably calculated to lead to the discovery of admissible evidence. This discovery was propounded to generate unwarran...

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

Excerpt: ... fences or gates restricting access to and across the Existing Tanks Easement3 and Private Road Easement,4 or provide Plaintiff keys, combinations, and/or codes for the existing locked fences or gates; and (ii) enjoining Defendants and their respective employees, agents, and representatives, from obstructing or unreasonably interfering with Plaintiff's use and enjoyment of the Existing Tanks Easement, the Future Tank Easement,5 and the Private Ro...

Excerpt: ...orthwith. 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. Defendant Integon National Insurance Company (“Defendant”) moves, pursuant to Code of Civil Procedure sections ...

Excerpt: ...rded as Document No. 2017‐0007969 and Document No. 2021‐0038047. The Court DENIES Chase's motion as moot. The Court DENIES Chase's request for judicial notice and Plaintiffs' Objections to Chase's evidence, given that the underlying motion is moot. In its Reply Brief filed on January 3, 2022, Chase argues that it should be awarded its attorneys' fees and costs as the prevailing party under Civil Code section 405.38. (See Civ. Code, § 405.38 ...

Excerpt: ... of March 7, 2022 for the Loeber and Golick cases and setting a conference on or about June 20, 2022 to set the Loeber and Golick cases for trial together. The motion is GRANTED. A. Procedural Issues The Loeber Plaintiffs 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 Loeber Plaintiffs are directed to immediately provide, by telephone call AND email, the missi...

Excerpt: ...iff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. 19 Defendant's request for judicial notice is GRANTED in its entirety. Defendant's evidentiary objections (one through nine) are each GRANTED. “A demurrer tests only the legal sufficiency of the pleading...the question of plaintiff's ability to prove the allegations, or the possible difficulty in making such proof does not concern the rev...

Excerpt: ...ls to allege facts sufficient to state a claim under any of the purported causes of action asserted therein.1 A. PROCEDURAL MATTERS The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rul...

Excerpt: ...ider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277; Luri v. Greenwalk (2003) 107 Cal.App.4th 1119, 1125.) A court may overlook an omission to properly notice a motion when the supporting papers make clear the grounds for the relief that is sought. (Luri, supra, 107 Cal.App.4th at 1125.) Here, there is no evidence in the Court's file that Plaintiff included a notice of motion. The Court does...

Excerpt: ...ute a cause of action against Defendant and (2) Defendant's answer does not state facts sufficient to constitute a defense to the complaint. (Cal. Code Civ. Proc., § 438, subd. (c).) Plaintiff's complaint alleges various types of common counts. “The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.” (Farmers Ins. E...