Excerpt: ...paid and a date certain for Plaintiff's outstanding discovery responses. Because appearances are required, the parties need not follow Local Rule 2.9 in order to be allowed an opportunity to address the Tentative Ruling. TENTATIVE RULING: The motion is GRANTED IN PART. The parties are granted leave to reopen discovery. However, Plaintiff's timeline for completing the Requested Discovery does not work as further discussed below, and the scope of P...

Excerpt: ...for a Case Management Conference as to the Landgrebe Cross -Action on September 20, 2024, at 8:30 a.m. in Dept. A. 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...

Excerpt: .... (Rules of Court, rule 3.1362, subd. (a).) 1 By Minute Order of May 10, 2024, the Court granted the parties leave to file any replies by May 13, 2024. No party did so. 6 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. ...

Excerpt: ...der. 2 A. PRELIMINARY MATTERS 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 ar...

Excerpt: ...tober 18, 2023, Petitioner filed a request for hearing on the merits of the Petition pursuant to Public Resources Code, section 21167.4. “Upon the filing of a request by the petitioner for a hearing and upon application by any party, the court shall establish a briefing schedule and a hearing date. In the absence of good cause, briefing shall be completed within 90 days from the date that the request for a hearing is filed, and the hearing...

Excerpt: ...NIED. Plaintiffs JG Masonry, LLC and Jorge Gonzalez (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2030.290 et seq., 2 for an order compelling Defendant General Motors LLC (erroneously sued as General Motors & Chevrolet)3 (“General Motors”) to respond to Plaintiffs' Special Interrogatories, Set One, served on February 19, 2024. Plaintiffs further move, pursuant to sections 2023.030 and 2030.290(c), for an o...

Excerpt: ...r production numbers 1 -7 served as part of a deposition notice, to produce the materials demanded, and to answer any questions that arise from the documents produced; and (2) for an order compelling Zoe Giraudo and her counsel of record, Vincent Martin Spohn, to pay monetary sanctions in the amount of $3,060 to Plaintiff and its counsel of record. Defendant's Reply to Witness Zoe Giraudo's Declaration and Sur -Reply brief were not timely filed....

Excerpt: ...re to be awarded against a party who unsuccessfully opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (See Code Civ. Proc., § 2031.320, subd. (b).) On May 3, 2024, the Court granted in part Plaintiffs' motion to compel Defendants' compliance with document demands. However, there is...

Excerpt: ...d a reply brief was due May 7, 2024. The Court has reviewed the moving, opposing, and reply papers. Plaintiffs move for an order for evidence sanctions excluding certain documents pursuant to Code of Civil Procedure section 2023.030(c)3 and/or an order for monetary sanctions in the amount of $22,450 pursuant to section 2023.030(a). Plaintiffs bring their motion for evidence and/or monetary sanctions solely under section 2023.030 of the Discovery ...

Excerpt: ..., and Oakville Hills Cellar, Inc. (collectively Cross -Defendants) move, pursuant to Code of Civil Procedure sections 435 and 436, for an order striking from the Second Amended Cross Complaint filed March 4, 2024 (SACC), the prayer for exemplary damages and certain allegations therein. Cross - Defendants so -move, “on the grounds that (1) the allegations are not drawn in conformity with the laws of this state or an order of the court, and are ...

Excerpt: ...e the SAC is based on an unconstitutional statute. Plaintiff's opposing papers were not timely filed or served, as acknowledged by Plaintiff's counsel. (See Code Civ. Proc., § 1005, subd. (b); Declaration of Allegra Rineer at ¶¶ 3 -4.) Plaintiff filed and served the opposing papers on April 22, 2024, one court day before the County's reply deadline of April 23, 2024. Given the tardiness, Plaintiff states that Plaintiff will not object to a l...

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