Excerpt: ...ephone 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, regardless of whether or not moving party is present at the hearing. “At any time after notice of pendency of action ...

Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...

Excerpt: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Rules of Cour...

Excerpt: ...t Finnuala Hanifan (“Finnuala”) moves, pursuant to Code of Civil Procedure section 2032.650, subdivision (c), for monetary sanctions in the amount of $2,500 and an evidentiary sanction to exclude Defendants' IME expert, Dr. David Masur, from testifying at trial for failing to produce his report and tests pursuant to the Court's December 12, 2022 order. “If a party then fails to obey an order compelling delivery of medical reports, the court...

Excerpt: ...ive damages” from the caption on page 1 and in paragraphs 10(f), 11(g) and 14(a)(2) on page 3; 2. “Accordingly, defendant Wright acted with malice and conscious disregard for the safety of others. Defendant's conduct warrants an award of punitive or exemplary damages” from paragraph EX‐2 on page 5; and 3. “The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10” from paragraph EX‐3 ...

Excerpt: ...r an order to continue the trial date from March 2023 to June 2023. The motion is made on the grounds that Defendant Gene Webb's (“Defendant”) dispositive motion is untimely, Plaintiffs need to conduct discovery after the hearing date for the dispositive motion, and the current trial date takes place during the height of the Napa rainy season, so all damages and conditions may not be known at the time of a March trial. “A party seeking a co...

Excerpt: ...ianni (collectively, “Defendants”) move for summary judgment in their favor and against plaintiff Savannah Ritter (“Plaintiff”) on the grounds that (1) Defendants did not own or control the tree or sidewalk adjacent to the property where Plaintiff was injured and had no duty to third persons for injuries occurring on the sidewalk, (2) Defendants did not cause or create any condition of the tree that caused it to fall, allegedly injuring P...

Excerpt: ...n (“Plaintiff”) cannot (1) establish the necessary elements for liability under Government Code section 835, and (2) maintain a negligence cause of action against the City, as 2 the Government Code section 835 is the exclusive means by which Plaintiff may pursue her claim against the City. As a preliminary matter, Plaintiff's First Amended Complaint (“FAC”) asserts three unlabeled causes of action, only one of which is against the City. W...

Excerpt: ...n grounds that it arises from Defendants' protected activities in connection with a public issue and lacks merit because it is based on activities that are immune from liability pursuant to the litigation privilege. Defendants move, in the alternative, for an order striking specific language in the fourth cause of action on the same grounds. Defendants also seek an award of costs and attorneys' fees incurred in bringing the motion. “The special...

Excerpt: ...uirements including those set forth in Code of Civil Procedure sections 2031.210, et seq. Defendant is further ordered to produce all responsive documents in his possession, custody, or control, no later than 30 days from notice of entry of the present order. Finally, Defendant and his counsel of record are ordered to pay to Plaintiffs care of their attorney of record in this action, within 15 days of notice of entry of the present order, monetar...

Excerpt: ...0217(g) and 20250(k), for an order requiring compliance with six administrative subpoenas (five subpoenas ad testificandum and one subpoenas duces tecum) dated July 28, 2022 served on Respondent St. Supery, Inc. dba St. Supery Vineyards & Winery (“Respondent”). I. LEGAL STANDARD “In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry [by the ALRB...

Excerpt: ...ivil Procedure section 437c, subdivisions (a)‐(e), for summary judgment, or in the alternative summary adjudication, on the two causes of action they assert against Cross‐Defendants Gerald L. Nunn and Judith Nunn (collectively, “Nunns”) in Wenyons' Cross‐Complaint filed on November 16, 2021 (“Cross‐Complaint”)—the first cause of action for quiet title and the second cause of action for declaratory relief. The motion is brought o...

Excerpt: ...torney to pay a monetary sanction to Petitioner in the amount of $1,404. Code of Civil Procedure section 2030.290 governs the effect of a party's failure to serve a timely response to interrogatories. Petitioner submits evidence demonstrating that, on September 30, 2022, Respondent served a response to Petitioner's interrogatories propounded on August 31, 2022. (Declaration of Steven H. Kuhn (“Kuhn Decl.”), ¶¶ 2‐3, Exhs. 1‐2.) Although ...

Excerpt: ...rein. 2 Defendants 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 continuan...

Excerpt: ...he constitutional right of freedom of speech and petition for the redress of grievances” and “Plaintiffs' claims lack merit.” Defendants further move for attorneys' fees pursuant to Code of Civil Procedure section 425.16, subdivision (c). 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 telep...

Excerpt: ...orrectly named as Wyndham Hotel Group, LLC, John Miller, John Evans, Tim Wall, and Silverado Resort Services Group, LLC (collectively, “Defendants”) moves, pursuant to Code of Civil Procedure sections 2032.020, 2032.310, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). This matter originally came on for hearing on November 30, 2022 at 8:30 a.m. in Dept. B. ...

Excerpt: ...RANTED. The Case Management Conference on December 15, 2022 at 8:30 a.m. in Dept. A shall remain on calendar. Plaintiff is directed to provide notice of this order to the parties. Plaintiff Two Jinn, Inc. dba Aladdin Bail Bonds (“Plaintiff”) moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c), 2023.010, subdivisions (a), (d) and (g), and 2023.030, subdivisions (a) and (b), for an order striking the answer of Defendan...

Excerpt: ... and its counsel of record are ordered to pay monetary sanctions to Plaintiff, care of her counsel of record, in the amount of $3,460, within 10 days of notice of entry of the present order. Plaintiff's request for issue sanctions is DENIED WITHOUT PREJUDICE. Plaintiff Martha Martinez moves, pursuant to Code of Civil Procedure section 2031.310 for an order compelling Defendant Rancho Gordo, Inc. (Rancho Gordo) to serve further responses to Plaint...

Excerpt: ...hird Partial Final Award (“TFA”) all concerning the valuation of KGF's interest in Hundred Acre Wine Estate, LLC (“HAWE”) for the purpose of sale to the majority owner of HAWE. The grounds for the petition are that the arbitrator (1) declined to decide and refused KGF's requests for discovery from Respondents Jayson Woodbridge (“Woodbridge”) and Jane Doe Woodbridge and their marital community, the Hundred Acre Wine Group, Inc, One Tru...

Excerpt: ...‐Intervention T&M Agriculture Services LLC, administered by Preferred Employers Insurance Company (“T&M”) moves, pursuant to Code of Civil Procedure section 387, subdivision (b), and Labor Code sections 3850 et seq., for an order permitting intervention. The grounds for the motion are that T&M will be unduly burdened if it is not allowed to intervene and recover costs that it has expended in paying workers' compensation benefits to Plaintif...

Excerpt: ...rein. Defendants 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...

Excerpt: ...s profits and financial condition. 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 attempted to provide a late notice of the Court's tentative ruling system by filing an Amended Notice which was not filed until November 28, 2022. Thus, moving party is directed to immediately provide, by telephone call AND email, the notice to opposing ...

Excerpt: ...e demurrer is brought on the grounds that Plaintiff's eighth cause of action for breach of fiduciary duty fails to state facts sufficient to constitute a cause of action against the Broker Defendants pursuant to Code of Civil Procedure section 430.10, subdivision (e). The parties are reminded of Napa Superior Court Local Rule 3.3 which requires a courtesy copy of any e‐filed document exceeding 15 pages (including exhibits) to be provided to Cou...

Excerpt: ...ants”) move, pursuant to Code of Civil Procedure section 437c, for summary judgment against Plaintiffs Gerald Hanifan, an individual (“Gerald”); Jennifer Hanifan, an individual (“Jennifer”); Gerald Hanifan and Jennifer Hanifan, as successors in interest to Michaella Hanifan (“Michaella”); and Finnuala Hanifan (“Finnuala”) (collectively, “Plaintiffs”). The Corporate Defendants and Individual Defendants are collectively referr...

Excerpt: ...misrepresentation of facts by Plaintiffs in the application process would entitle CSAA to summary judgment or summary adjudication on grounds raised through its eleventh, twelfth, and/or fourteenth affirmative defenses. Plaintiffs are granted leave to serve and file, no later than December 20, 2022, a supplemental opposition limited to the same issues and the same length. CSAA is granted leave to serve and file, no later than December 30, 2022, a...