Excerpt: ... through third, and fifth through tenth causes of action on the grounds that there is no triable issue of material fact as to any of the claims and as a result, Rancho is entitled to summary adjudication as a matter of law. 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 ca...

Excerpt: ...s 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. Defendants are 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, ma...

Excerpt: ...10, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). The grounds for the motion are that “Ms. Hanifan has placed her mental condition ‘in controversy' and good cause exists to compel a neuropsychological examination of Ms. Hanifan. A condition ‘in controversy' means the specific injury that is the subject matter of the litigation. (See Roberts v. Superior...

Excerpt: ...tition for Writ of Mandate. Through both, Petitioner moves, pursuant to Code of Civil Procedure section 1085, Corporations Code sections 17704.10 and 17701.13 et seq., and Rules of Court, rule 8.932, for a Writ of Mandate directed to Respondents Kelham Vineyards & Winery LLC (“Kelham Vineyards”) and Susanna Rogers Kelham (“Ms. Kelham”) (collectively, “Respondents”) to enforce Petitioner's right, as a member of Kelham Vineyards, to obt...

Excerpt: ...sed redactions are on 10 pages of an arbitrator award totaling 38 pages and on four pages of an arbitration pleading totaling 19 pages, which are attached as Exhibits C and D to the Petition to Vacate, as identified in the Declaration of David J. Millstein. (Millstein Decl. ¶ 6, Exh. C.) Respondents indicate that, while Petitioners do not join the present motion, counsel for Petitions have informed Respondents that they will not oppose the motio...

Excerpt: ...ith the foregoing. Defendant CSAA Insurance Exchange (CSAA) moves, pursuant to California Rules of Court, rule 2.550 and 2.551, for an order to seal certain records that were, on September 26, 2022, conditionally lodged under seal by Plaintiffs Armand Maaskamp and Lynn Maaskamp. “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right...

Excerpt: ...her in this matter on May 18, 2022.”2 (Notice of Motion at 1:22‐24.) Plaintiff further moves, pursuant to Code of Civil Procedure, section 128.5, for an order awarding her monetary sanctions in the amount of $29,702.50 “in addition to further sanctions in the amount of fees earned by Defendant's counsel in connection with Defendant's attempts to evade the settlement” to be paid to the Court. (Id. at 1:25‐28.) The motion is made on the g...

Excerpt: ...les providing for electronic filing and service.” Rule 3.1300(c) states that “[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Here, Plaintiff has not filed a proof of service of the present motion to the Defendants in this action.4 Furthermore, Plaintiff failed to include a Notice of Motion stating the nature of the order sought and the grounds for such an order...

Excerpt: ...use of action for Common Counts on the ground that it is undisputed that Plaintiff provided various recycling landfill services between October 2015 and March 2021 and Defendant failed to pay for these services in the amount of $27,677.51. In the alternative, Plaintiff moves for summary adjudication of its cause of action and as to Defendant's four affirmative defenses on the ground that Defendant lacks evidence to support its affirmative defense...

Excerpt: ...dgment or, in the alternative, summary adjudication of all five causes of action asserted against it in Plaintiff Frederick Just's (“Just” or “Plaintiff”) Complaint, based on 10 separately‐ enumerated grounds identified as Issues I‐X. (See, generally, Notice of Motion.) The Court rules on CalVet's evidentiary objections as follows: Objection Nos. 1‐3, 6: The respective subjects of these objections are not relevant to the Court's res...

Excerpt: ...dant (“Judgment”). (Notice at 2‐3.) By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant's previous violations of the Judgment through and including January 31, 2022 to allow Defendant time to abate all prior violations by (1) obtaining any legally required permits from Napa County, (2) performing the required abatement work as set forth in the approved permits and in accordance with any conditions ...

Excerpt: ...dgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 n...

Excerpt: ...subject matter. Plaintiff is directed 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 re...

Excerpt: ...o file and serve, no later than October 14, 2022, a supplemental opposition, of no more than 10 pages in length, addressing Petitioner's supplemental memorandum and/or issues raised herein below not raised through the supplemental memorandum. Petitioner is then granted leave to file and serve, no later than October 19, 2022, a supplemental reply brief, of no more than 5 pages in length responding to Respondent's arguments. Petitioner Service Empl...

Excerpt: ... novel allegations of the Proposed SAC, with cut‐off dates calculated pursuant to the Code of Civil Procedure based on the new trial date. Plaintiffs Frank Wang and Laura Young (collectively Wangs) move, pursuant to Code of Civil Procedure, sections 473, subdivision (a)(1), for leave to file a Second Amended Complaint in the form attached as Exhibit 1 to the Declaration of Anna St. John (Proposed SAC) for the purpose of “add[ing] or adjust[in...

Excerpt: ... 2:3‐6.) Through the Petition, Petitioner contends that “DMV abused its discretion and illegally withdrew Petitioner's driving privilege after her administrative interview appointment when Petitioner demonstrated, through her testimony, that she was not a negligent operator of her vehicle and has no physical or mental conditions which affect her ability to safely drive. The withdrawal of Petitioner's driving privilege is not supported by the ...

Excerpt: ...rcises its discretion to consider Defendant's late‐filed Opposition, which, to the Court's best understanding, requests an evidentiary hearing on the motion and another continuance to allow time to prepare for an evidentiary hearing and to retain counsel. Defendant provides no authority, or showing of good cause, for either request. “Evidence received at a law and motion hearing must be by declaration or request for judicial notice without te...

Excerpt: ... negligence asserted in the Third Amended Complaint (“TAC”),4 on the ground that, under Sheen v. Wells Fargo Bank, N.A.. (2022) 12 Cal.5th 905, 915 reh'g denied 2022 Cal. LEXIS 2930 (Cal. June 1, 2022) (“Sheen”), Chase owes no duty of care to Plaintiffs as a matter of law and cannot be held liable for negligence. 4 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on Sep...

Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...

Excerpt: ...CEDURAL MATTERS 1. Initial Moving Papers In an effort to avoid as much confusion as possible, the Court briefly addresses the moving papers. On June 20, 2022, Fultz filed an ex parte application to shorten time for hearing on the present motion. The application was granted on June 22, 2022. Thereafter, on June 22, 2022, Fultz filed notice of the present motion (Notice). Fultz did not, however, file any papers in support of the motion, save a decl...

Excerpt: ...iant verification as to all of its Special Interrogatory Responses no later than 15 calendar days after notice of entry of the present order. Plaintiff moves, pursuant to the Code of Civil Procedure, sections 2030.300, subdivision (a), for an order compelling Defendant EVIG, LLC to produce further responses to Plaintiff's Special Interrogatories, Set One (Subject Discovery) on grounds that Defendant's objections are without merit or too general, ...

Excerpt: ...plaint. 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 remain in effect. However, the Court may grant belated requests for oral argument or continuance ...

Excerpt: ...rtgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amended Complaint (“FAC”) filed on June 13, 2022 against Movants and Law Office of Les Zieve (collectively, “Defendants”). The demu...

Excerpt: ...n 15 calendar days after notice of entry of the present ruling, sanctions in the amount of $772.50 to Defendant, care of his attorney of record. Defendant Marco Hernandez Peralta moves, pursuant to Code of Civil Procedure, section 2030.290, for an order compelling Plaintiff Elijahnick Brown to provide full and complete verified responses, without objections, to form interrogatories, special interrogatories and requests for production of documents...

Excerpt: ...�� is in good faith.2 The motion is opposed by Defendant Michael Buchanan (Buchanan). “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors....” (§ 877.6, subd. (a)(1).) Importantly, the par...

Excerpt: ...rsuant to Code of Civil Procedure section 430.10, subd. (e) and, with respect to the fifth cause of action, section 430.10, subd. (f) on the ground that Defendant is a religious nonprofit corporation exempt from the provisions of the Fair Employment and Housing Act (“FEHA”) pursuant to Government Code section 12926, subd. (d) and, as to the fifth cause of action, the complaint is uncertain as to an applicable policy basis. A complaint must co...

Excerpt: ...rank J. Ballentine Irrevocable 2012 Trust dated May 11, 2012 (“Respondent”) moves, pursuant to Code of Civil Procedure2 sections 2023.010 et seq., 2030.290, 2031.310, 2031.320 and 2033.290, for an order compelling Petitioner William V. Ballentine Jr. (“Petitioner”) to further respond, under oath, and produce all responsive documents and a privilege log, to the Respondent's Form Interrogatories – General, Set One, Nos. 8.1, 8.8, 9.1, 9.2...

Excerpt: ...est oral argument on the below tentative ruling, a copy of which was emailed to the parties on August 25, 2022. Defendant City of Napa requested oral argument. As such, the parties shall appear for oral argument. TENTATIVE RULING: The Motion is DENIED. I. PROCEDURAL MATTERS Defendant City of Napa (“City”) moves, pursuant to Code of Civil Procedure section 437c, for summary judgment, or in the alternative, summary adjudication of the single ca...

Excerpt: ...a monetary sanction to Plaintiff in the sum of $1,060. 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 remain in effect. However, the Court may grant bel...

Excerpt: ...hellpoint”) and the Bank of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to all three causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) First Amen...

Excerpt: ...Civil Procedure sections 2025.480, 2031.310, 2031.310(h) and Evidence Code sections 911, 1060, 1016, and Civil Code section 3426.1, for an order enforcing the subpoena duces tecum (“Subpoena”) served on Key Health. Defendant further moves for monetary sanctions against Key Health pursuant to Code of Civil Procedure sections 2025.480(j), 2023.010, and 2031.310(h). The Court notes Defendant's counsel's supplemental declaration indicating that t...

Excerpt: ...erlying labor arbitration and contain exclusively confidential, sensitive, and private information not disseminated to the public. (Notice of Motion at 2:11‐16.) “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probabil...

Excerpt: ...der Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of 3 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 that Defendant Matt Follner's i...

Excerpt: ...the Fifth Cause of Action for Reformation asserted in Plaintiff's FAC. The ground for the demurrer is that the FAC fails to state facts sufficient to constitute a cause of action. 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 for...

Excerpt: ... judgment on Plaintiff's Complaint, or in the alternative summary adjudication of the two causes of action asserted therein on the grounds that there are no triable issues of fact relating to either. 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 missin...

Excerpt: ...o compel. Plaintiffs cite Civil Code section 1717 as authority for their motion. Plaintiffs acknowledge that section 1717 provides: “In any action on contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...

Excerpt: ...negligence cause of action in the Third Amended Complaint (“TAC”), 1 as discussed more fully below. 1 The Court refers herein to TAC to refer to Plaintiffs' operative complaint, which is the Third Amended Complaint filed on September 22, 2017, along with the First Amendment thereto filed on January 21, 2022. 4 Chase moves, pursuant to Code of Civil Procedure section 438, subd. (c)(1)(B)(ii), for an order granting judgment on the pleadings in ...

Excerpt: ...tunity to conduct discovery and investigate its claims. MKB's motion is made on, essentially, the same grounds asserted in support of its motion for leave to file a cross‐complaint against Reyes, namely that, “MKB only recently learned of the Elmin's scope of work and its direct involvement...[and as a result] MKB was unaware of Elmin [sic] crucial role as potential joint tortfeasor until this late stage...[and] [n]o party will be prejudiced ...

Excerpt: ...te Order of that date, the Court continued the matter and invited Plaintiff to file an additional brief providing the Court with authority by which the Court could grant the motion, and further urged Defendant to file “at any time prior to the hearing, any materials that might inform the Court of his desires regarding the subject matter.” No party has filed any papers from or after June 27, 2022. 23 Defendant has not made an appearance in the...

Excerpt: ...unds for the motion are that Plaintiff cannot establish the necessary elements of dangerous condition or causation under Government Code section 835. II. LEGAL STANDARDS A. Motion for Summary Judgment or, in the Alternative, Summary Adjudication “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, s...

Excerpt: ...include the notice of that system 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 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 receiv...

Excerpt: .... A. Procedural Matters The Court did not rely on paragraph 3 of the Declaration of John Michael Galloway in its analysis of the issues presented. As a result, Plaintiff's evidentiary objection is MOOT. B. Legal Analysis “At any time after notice of pendency of action has been recorded, any party...may apply to the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.1 ) Such motion may be made on one or mo...

Excerpt: ...subject questions is not properly before the Court, as there is no failure to answer specific follow‐up questions at this juncture. On that ground, Plaintiff's request is DENIED. Finally, Plaintiff's alternative request that the Court deny Defendant's motion for summary judgment pursuant to Code of Civil Procedure section 437c, subd. (h), is premature, as Defendant's motion is not presently before the Court. On that ground, this requested relie...

Excerpt: ...tentative ruling system as required by Local Rule 2.9. MKB 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, made by any party who represents it did not timely receive the required notice, regardle...

Excerpt: ...d, and Plaintiffs on the other – is in good faith. “[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 li...

Excerpt: ...ded by two deposition subpoenas for production of business records served on third‐party Wells Fargo Advisors by Petitioner Duncan Mackenzie Miller. Respondents so move on the grounds that: (1) each subpoena seeks documents that contain privileged and confidential financial information protected from disclosure under the California Constitution which information is not directly relevant to a cause of action or defense in the action; (2) the sub...

Excerpt: ...the lodged record to the moving party. (Ibid.) Plaintiff Great American Insurance Company (“Great American”) and Defendants Calistoga Ranch Club, Jack Baker, Jill Beckett‐Hill, Amy Brandt, Carter Gilman, Daniel Schor, Stephanie Steele, and Andrew Weprin (“Defendants”) jointly move, pursuant to Rules 2.550 and 2.551 of the Rules of Court, for an order sealing three pleadings, and one exhibit attached thereto, which were filed in arbitrat...

Excerpt: ...g, the motion is GRANTED WITHOUT LEAVE TO AMEND. A. PROCEDURAL MATTERS Defendant Bank of the West moves, pursuant to Code of Civil Procedure, section 438, for an order granting judgment on the pleadings on Plaintiff Gazarrie Phillip's First (and only) cause 3 of action for failure to pay sick pay at the regular rate on the grounds that there is no private right of action pursuant to California Labor Code section 246, upon which Plaintiff bases he...

Excerpt: ...order” and requests an order declaring that Plaintiff 6 In light of this clarification, Plaintiff's argument in opposition regarding the ex parte application is moot. (Opposition, ¶¶ 1‐2.) 7 All statutory references herein are to the Code of Civil Procedure unless otherwise noted. 8 need not “answer” Respondent David Zuckerman's Special Interrogatories, Set Two, Suzanne Reagan's Special Interrogatories, Set Two, and John Reagan's Specia...

Excerpt: ... 12, 2022 order was not served on Plaintiff until the May 25, 2022 Case Management Conference. Pursuant to the May 25, 2022 Minute Order, “Mr. Berry accept[ed] the copy of the ruling 3 special motions to strike filed by Defendants Pope Valley Union Elementary School District (“District”) and Napa County Office of Education (“NCOE”). The District opposes the motion, and NCOE joins in the District's opposition. As to the first ground for ...