Excerpt: ...ursuant to Code of Civil Procedure section 473, subdivision (b), for an order setting aside the default on the grounds that the default was due to her inadvertence, surprise, mistake and excusable neglect and that Judith twice attempted to file a response to the complaint by certified mail. (Notice, at 1.) The Court preliminarily notes that Plaintiff's opposition filed and served on June 17, 2022 was filed two days after the statutorily prescribe...

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