Excerpt: ... to the Defendant. The Court indicated at the hearing that date that Defendant could object to the request. Plaintiff complied with this part of the order by filing, on March 4, 2024, a Declaration for Judgment by Court, and a Memorandum of Costs After Judgment. The Declaration of Judgment attests to total costs of $2,383.50, holdover damages of $404.20, waived rent of $282.00 and other costs in the amount of $1,697.30. The Declaration includes,...

Excerpt: ...nt moves for entry of judgment in accordance with the Court's February 16, 2024, Second Order After Hearing on [Reliant's] Motion to Enforce Settlement Agreement (Feb. 16 Order) on grounds that neither defendant Bruce Tucker Construction, Inc. nor any of the remaining settling defendants have paid any amounts in settlement. “[I]f parties to a pending construction defect action stipulate personally or, where a party's contribution is paid on its...

Excerpt: ... leave to comply with the procedural subpoena requirements and complete the deposition of Zina Malhotra past the discovery cut -off date. The motion to compel documents is GRANTED. Defendants shall, within 10 days of notice of entry of order, produce all responsive documents to the subject discovery and provide supplemental verified responses to the subject discovery requests to indicate their compliance. Defendants' request for sanctions is DEN...

Excerpt: ...s Statement of Decision and Order, filed August 22, 2023, in the matter captioned In the Matter of the Delacy Family Trust, bearing case number 20PR000189 (hereinafter, Probate Action and Probate Action Statement of Decision). Request No. 2: DENIED as to the form attached as Exhibit B to the Request. However, the Court takes judicial notice of its docket in the matter. Request No. 3: DENIED. The Court's Tentative Rulings are not orders of the Co...

Excerpt: ...e 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 Court may grant belated requests...

Excerpt: ...ed on November 2, 2022 or, in the alternative, summary adjudication on each cause of action therein. The grounds for the motion are that the FAC does not state a cause of action against Defendants and Plaintiffs do not have and cannot reasonably obtain evidence sufficient to meet their burden of production and proof as to any cause of action in the FAC. The Court elects not to rule on Defendants' Evidentiary Objections to the Declarations filed ...

Excerpt: ... 436, for an order striking the Amended Complaint filed by Plaintiff Margaret Leilani Flynn on grounds that the prayer for punitive damages is improper.1 1 While the Notice of Motion states that the motion to strike is directed at the Amended Complaint, the memorandum filed in support of the motion (Support Motion) clarifies that Dr. Look seeks an order striking only, 5 “The court may, upon a motion made pursuant to Section 435, or at any ti...

Excerpt: ... 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, regardless of whether or not moving party is present at the hearing. Defendant Merchants Bonding Company (“Mercha...

Excerpt: ...randum of Costs on grounds that the requested fees are: 1) excessive, unreasonable, and unnecessary; and 2) not incurred exclusively in the enforcement of the subject judgment. Amulet's request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the Judgment entered November 30, 2022, in the action. The request is DENIED as to the remaining subjects. Beckstoffer concedes that Amulet is entitled to reasonable and necessary c...

Excerpt: ...ity is DENIED. Should any party wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9. A. PROCEDURAL MATTERS 1. Nature of Motion Defendant Kendra Baumgartner moves, pursuant to Code of Civil Procedure sections 391.3, for an order requiring Plaintiff Wendell Coleman to furnish security in the amount of $82,966.50 to ensure payment of Defendant's reasonable litigation expenses.1 Defendant so - ...

Excerpt: ...t 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 matter originally came on for hearing on April 5, 2024 by way of Defendants' ex parte application. The Court granted the ex parte application for an order shortening...

Excerpt: ...her capacity as Napa County Superintendent of Schools, as well as their agents, employees, officers, representatives, partners, and any and all persons or entities acting in concert including Real Parties in Interest, the Napa County Office of Education and Napa Foundation for Options in Education (NFOE and collectively Respondents) “from any actions implementing and/or effectuating the County Board's March 5, 2024 conditional approval, or any ...

Excerpt: ...pposing 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. The matter originally came on for hearing on April 18, 2024 by way of Plaintiffs' ex parte appli...

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. Defendants and Cross -Complainants Arnold Wenyon and Desiree A. Wenyon, as Incumbent Trustees of the Wenyon Living Trust Under Declaration Dated July 26, 2004 (“Cross - Co...

Excerpt: ...e Second Cause of Action for Intentional Misrepresentation, Third Cause of Action for Negligent Misrepresentation, and Fourth Cause of Action for Violation of Business & Profession Code section 17200 fail to state facts sufficient to constitute causes of action against Defendant. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material fac...

Excerpt: ..., subdivision (b), for an order bifurcating the trial and 3 sequencing discovery to ensure that the parties' and Court's resources are utilized in the most efficient manner. Alternatively, if the Court chooses not to grant bifurcation, Defendant requests an order, pursuant to Code of Civil Procedure section 2019.020 and the Court's inherent power, sequencing discovery first as to whether Plaintiff is an appropriate PAGA representative, and then,...

Excerpt: ...00, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. Plaintiff Glow Beverages, Inc. moves, pursuant to Code of Civil Procedure § 2023.030, subds. (d)(1) and (4) for an order:...

Excerpt: ... Complaint judicially admits that Plaintiff is not a licensed contractor as required under licensing requirements of section 7031 of the Business and Professions Code (“Section 7031”);1 and (2) the sixth cause of action fails to allege that Plaintiff was detained or arrested let alone the subject of the misuse of the judicial power or process of the Court, as it also fails to allege that any act was done in the name of the court or under its ...

Excerpt: ...”) moves, pursuant to Code of Civil Procedure section 473, for an order to correct a clerical error on the Dismissal Order Nunc Pro Tunc to reflect that only Defendant County of Napa was dismissed. The moving party did not provide code -compliant notice of the hearing, as the proof of service indicates that the notice and moving papers were served, by mail and electronic means, 5 16 court days before the hearing, and not 16 court days plus fi...

Excerpt: ...17) 16 Cal.App.5th 1190, 1204- 05.) “A copy of [a petition to compel arbitration] and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc., § 1290.4, subd. (a).) “If the arbitration agreement does not provide the manner in which such service shall b...

Excerpt: ...pposing 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. Plaintiff Clover Flat Land Fill Inc. dba Clover Flat Land Fill, Inc. (“Plaintiff”) moves, pu...

Excerpt: ...e 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. A. PRELIMINARY MATTERS Defendant Peggy Thomas moves, pursuant to Code of Ci...

Excerpt: ...2030.300, for an order compelling Defendant Beth Anne Moore to provide further responses to Form Interrogatories, Set One, Nos. 15.1, 16.1, and 17.1 and for an order awarding the sum of $660 in attorneys' fees pursuant to Code of Civil Procedure sections 2023.010, 2023.020 and 2030.300. For interrogatories, the propounding party has the burden of filing a motion to compel if it finds the answers it receives unsatisfactory, but “the burden of ...

Excerpt: ...fees in Plaintiff's favor and against Defendants Terence Redmond and Melissa Redmond, individually and as trustees of the Redmond Family Revocable Trust Dated September 11, 2013 (“Defendants”) in the amount of $430,480. The Motion is brought on the grounds that Plaintiff is the prevailing party on an action to enforce the governing documents of the Oak Creek East Homeowners Association (Civ. Code § 5975(c)), and that Plaintiff is entitled to...

Excerpt: ...d against One87 in the additional amount of $50,000, plus pre -judgment interest at the rate of 10% per annum from and after January 13, 2023. Plaintiff's request for an award of attorneys' fees is DENIED, but without prejudice to Plaintiff filing a memorandum of costs or renewing its request through a motion for an award of attorneys' fees supported by competent evidence. However, prior to entering an order on the motion, the Court would like t...