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: ...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: ...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: ...es for an order awarding attorney fees in the amount of $4,800.00 incurred in bringing this Demurrer, plus additional fees to be added upon the filing of a Reply, plus filing fees.” (Notice of Hearing at 2:7‐9.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or cross‐complaint has been filed may object, by demurrer or answer as provid...

Excerpt: ...ocal 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. By Order dated August 6, 2021, the Court suspended the execution of the sentence for Defendant Cliff Reno's previous violations of the October 16, 2018 judgment (“Judgment”) ...

Excerpt: ...Hogins, together, “Cross‐Defendants”) move, pursuant to Code of Civil Procedure1 section 425.16, subdivision (a), 474, and 576, for an order striking “the allegations in Paragraph 13 of the First Amended Cross‐Complaint (“FACC”), the Fifth and Sixth Causes of Action for Defamation and Intentional Interference with Economic Relations, respectively, and Paragraph 62 in the Eighth Cause of Action referring to ‘defamatory, misleading,...

Excerpt: ...uly 21, 2022, Mr. Le declared that he “lives in southern California and reserved an Airbnb for three weeks starting July 27 in anticipation of the trial. Because of the trial continuance and unknown trial date, the Airbnb reservation was cancelled last minute, and Defendant's counsel received partial refund; still having to pay the remaining balance in the amount of $1,892.” (Declaration of Cang N. Le (“Le Decl.”) ¶ 4.) Mr. Le provided a...

Excerpt: ... of action and as a result the present action violates the prohibition on splitting a cause of action among multiple suits. Lawson's request for Judicial Notice is GRANTED. The Court takes judicial notice of the February 16, 2022 order in the matter of Miller v. GVM Law LLP, et al., case number 17 20CV000283, and takes judicial notice of Plaintiff's Third Verified Complaint in the same action, but, as to the latter, not for the truth of the matte...

Excerpt: .... As such, the parties shall appear for oral argument. TENTATIVE RULING: In the First Supplemental Amended Complaint (“FAC”) filed by Plaintiffs John P. and Wanda E. McGill, individually and as trustees for the McGill Family Trust 2018 (“Plaintiffs”), the fifth cause of action asserts a claim for declaratory relief regarding maintenance of an easement. (Request for Judicial Notice (“RJN”), Exh A; Declaration of James Patrick (“Patri...

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: ...hird Amended Complaint (“TAC”). Rice's ground for summary adjudication of the Sixth Cause of Action is that “the undisputed material facts establish, as a matter of law, that, contrary to defendants' contention, plaintiffs' right to take water from defendants' property pursuant to the parties' 2005 water sharing agreement and water easement was not terminated by reason of plaintiffs' reconstruction of the house and renovation of the barn on...

Excerpt: ..., from notice of entry of the present order, to file an answer to the Second Amended Complaint (SAC). (Rules of Court, rule 3.1320, subd. (g).) The Clerk is directed to send notice unless waived at a hearing properly requested pursuant to Local Rule 2.9. 2 A. PROCEDURAL MATTERS The Notice of Motion indicates that Defendants Jannette Hall and Norcal Gold, Inc. demur to the SAC on the grounds that Plaintiff fails to allege facts therein sufficient ...

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: ...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: ...e Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than August 30, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 6, 2022. Plaintiff is directed to serve and file, no later than August 30, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing the additional me...

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: ...ocal 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 of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...

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: ...urt, rule 3.1345, subdivision (c), no later than August 23, 2022. Defendants are granted leave to file a Responsive Separate Statement, compliant with Rules of Court, rule 3.1345, subdivision (c), no later than September 1, 2022. Plaintiff is directed to serve and file, no later than August 23, 2022, an additional declaration, pursuant to Code of Civil Procedure, section 2016.040, detailing such meet and confer efforts. Defendant is invited to fi...

Excerpt: ... Sheriff's Office and the Napa County District Attorney's Office (collectively, “Subpoenas”) by Defendants. The Motion is brought “on the basis that no ‘notice to the consumer' within the meaning of California Code of Civil Procedure section 2020.410, subdivision (d), was issued or served as to Plaintiffs as required under California Code of Civil Procedure1 sections 1985.3, subdivision (e), and 1985.4.” (Notice at 2.) A notice to consu...

Excerpt: ...S PROCEDURAL OBJECTION TO DEMURRER In opposition, Plaintiff objects on the ground that Defendant's pleading fails to specify the grounds for the demurrer. “A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross‐complaint, or answer are taken. Unless it does so, it may be disregarded.” (Code Civ. Proc., § 430.60; Rules of Court, rule 3.1320, subd. (a) [“Each ground of demurrer must be in a...

Excerpt: ...CEDURAL MATTERS 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 declaration discussed below. ...

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: ...at date, the Court continued the matter and directed Defendant to provide sufficient notice to Plaintiff by serving the moving papers, as revised to reflect the continued hearing date, on Plaintiff's counsel. 12 The matter came on for a continued hearing on June 24, 2022. The Tentative Ruling advised Defendant that the Court was unable to determine whether Defendant served on Plaintiff the moving papers with the revised hearing date. The Tentativ...

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: ...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: ...e to amend. (Rules of Court, rule 3.1320, subd. (g).) I. PROCEDURAL MATTERS Defendants Arthur J. Gallagher & Co. (“AJG”) and Dina Smith (“Smith”) (collectively, the “Broker Defendants”) demurrer, pursuant to Code of Civil Procedure section 430.10, subd. (e), to the eighth and ninth causes of action asserted against them in the Complaint filed by Plaintiff Spring Mountain Vineyards, Inc. (“SMV”) on March 11, 2022 (“Complaint”)....

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: ... further responses to Plaintiff's First Set of Demands for Document Production on three grounds: (1) Defendant failed to identify the specific requests which correspond to the documents produced, in violation of Code of Civil Procedure, section 2031.280, subdivision (a); (2) Defendant's representation of inability to comply is inadequate, incomplete and/or evasive and Defendant's other objections are without merit or too general; and (3) Defendan...

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: ...orneys' fees incurred in bringing the motion. This is substantially the same motion brought by Plaintiff on April 19, 2022. The Court denied the April 19, 2022 motion, without prejudice, because Plaintiff had failed to served Defendant's counsel of record, Buchalter. Despite the Court's ruling on the April 19, 2022, the proof of service of Plaintiff's instant motion indicates that Plaintiff provided notice only to Defendant and not Defendant's at...

Excerpt: ...to the settlement over which SLF seeks a determination. The notice of motion indicates the settlement is with Plaintiffs. (See Notice of Motion at 1:27‐2:2.) SLF even suggests that no other party to the litigation is a party to the subject settlement agreement. (See id. at 2:16‐19.) However, and of apparent importance to SLF, it further appears that Plaintiffs assert no claim in this action against SLF. (See First Amended Complaint.) Rather, ...

Excerpt: ...ion (b). Defendant is granted 30 days to post a bond compliant with section 917.1, subdivision (b). So long as Defendant complies herewith, enforcement of Plaintiff's attorneys' fee award is stayed pending resolution of the appeal. A. PROCEDURAL MATTERS Defendant Stone Brewing Co. LLC (“Stone”) moves, pursuant to Code of Civil Procedure sections 916(a) and 917.1(d), for an order enforcing an automatic stay of Plaintiff West Pueblo Partners, L...

Excerpt: ...ct. Plaintiff argues for such relief, in essence, on the grounds that Defendant had a defense to the claims set forth in the Complaint. Specifically, Plaintiff filed this action for breach of a credit cardholder's agreement and prayed for money judgment in the amount of $6,458.45. (See Complaint.) 3 Plaintiff now argues that, in 2011, at the time the action was filed, Defendant had filed a fraud claim with Plaintiff regarding the subject credit c...

Excerpt: ...AMEND. Defendant's special demurrer for uncertainty and general demurrer on the first and fourth causes of action are OVERRULED. Plaintiffs are granted 10 days' leave to file and serve an amended complaint conforming to this ruling. (See Rules of Court, rule 3.1320, subd. (g).) Defendant is directed to provide notice. I. PROCEDURAL MATTERS Defendant Ioana Anca Bina M.D. (“Dr. Bina”) demurs, pursuant to Code of Civil Procedure section 430.10, ...

Excerpt: ...e following grounds: “(1) Trial counsel for Defendants is unavailable due to conflicts that have arisen which could not be anticipated; (2) Defendants have been unable to obtain crucial evidence, despite Defendants' diligent efforts; (3) no parties or witnesses will be prejudiced by this continuance; (4) the requested continuance would free up the court's docket at time when courtrooms and other court resources are strained by the backlog of ci...

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 motion,” and based on their attorney's affidavit of fault. The Court is without jurisdiction to consider the motion on two separate grounds. First, there is no proof of service of the moving papers on any of the Defendants. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Because th...

Excerpt: ...his ruling. (See Rules of Court, rule 3.1320, subd. (g).) Cross‐ Defendant is directed to provide notice. I. PROCEDURAL MATTERS Cross‐Defendant Thang Nguyen (“Nguyen”) demurs, pursuant to Code of Civil Procedure section 430.10, to the seven causes of action asserted against him in Defendants / Cross‐Complainants' Kieu Hoang (“Hoang”), Kieu Hoang Winery, LLC (“KH Winery”), and RAAS Nutritionals, LLC (“RAAS”) (collectively, �...

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 ...

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: ...ted to provide sufficient notice to [Plaintiff]1 . . . by serving the moving papers, as revised to reflect the continued hearing date [(June 24, 2022)], on Plaintiff's counsel by no later than May 27, 2022.” (Minute Order dated May 13, 2022.) On May 26, 2022, Defendant filed a Proof of Service on Plaintiff; however, the Court is unable to determine whether or not Defendant revised the hearing date for the motion from May 13, 2022 to June 24, 20...