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: ..., 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: ...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...