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...

Excerpt: ...aintiff Mariela Zavala De Marcelo to serve responses to Longwood's First Set of Special Interrogatories and Requests for Production of Documents and Jacques' First Set of Special Interrogatories and Requests for Production of Documents (Subject Discovery). Defendants further move for an order requiring Plaintiff and his counsel of record Mark Basil Pappas to pay monetary sanctions in the amount of $1,215. 3 The moving party failed to include in t...

Excerpt: ...omplainant V2 Wine Group, LLC's (V2) fifth cause of action for intentional interference with existing contract on the grounds that V2 is unable to produce evidence of any of the following: (1) that Pacific had, at the time of the alleged breach, knowledge of the contract provision that was allegedly breached; (2) 2 that Pacific committed any intentional act designed to induce the alleged breach; or (3) that any alleged breach was caused by any ac...

Excerpt: ...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 Court may...

Excerpt: ...not alleged facts sufficient to constitute a defense.1 A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) “In addition to the facts pleaded, we may consider matters that may be judicially noticed, inclu...

Excerpt: ... objection to Exhibit Z of the Declaration of James Vorhis (Vorhis Decl.) is OVERRULED as no grounds are asserted in support thereof. The objection to the quoted portion of paragraph 2 of the Declaration of Kevin Berofsky (Berofsky Decl.) is SUSTAINED on grounds it lacks foundation and is speculative. The objections to paragraphs 3 and 4 of the Berofsky Decl. are OVERRULED. The remainder of Defendants' objections are MOOT as none of the evidence ...

Excerpt: ...Development, LLC (“Third Street”), as assignee and substituted party for Plaintiff Syar Concrete, LLC (“Syar”) (collectively, “Plaintiff”),1 moves, pursuant to Code of Civil Procedure section 437c, for summary judgment against Defendants Atlantic Specialty Insurance Company (“Atlantic”),2 RLM Construction Services, Inc. (“RLM”) and Michael Reyes (“Reyes”). RLM and Reyes are hereinafter collectively referred to as “Defend...

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: ...OCEDURAL MATTERS Defendants Gracy Towing, Samuel Gracy, and Orilea Gracy (collectively Defendants) demur, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f), to the Second and Fourth causes of action asserted against them through the Amended Complaint on the grounds that each cause of action fails to allege facts sufficient to state a good cause of action and that each is uncertain. The moving party failed to include in ...

Excerpt: ...motion for summary judgment MOOT. [3] RICHARD J. PARENT M.D. AND ADVENTIST HEALTH CALIFORNIA MEDICAL GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motion is GRANTED IN PART. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to the first cause of action for negligence, second cause of action for medical battery and third cause o...

Excerpt: ...as may be proper,” allow a plaintiff to amend the operative complaint. (Code Civ. Proc. §576; see also Id. at §473, subd. (a)(1).) Leave to amend is left to the sound discretion of the trial court and, “will not be disturbed on appeal absent a clear showing of abuse.” (Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) However, “[i]f the motion to amend is timely made and the granting of the motion will not prejud...

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...

Excerpt: ...s) request for leave to defend the action with respect to Amani is GRANTED, but, with respect to Sharif, is MOOT, as personal jurisdiction has not been, and likely cannot be, established as against him given his passing. Finally, Amani is granted 10 days' leave to file the answer attached to the motion, as revised to remove Shayne One to reflect this order. The Court orders a Case Management Conference set for November 10, 2022 at 8:30 a.m. in De...

Excerpt: ...ance of the legal causes of action contained in Defendants' cross‐complaint to be tried to a jury. 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 rema...

Excerpt: ...ynn Maaskamp in response to Requests for Production of Documents, Set Five.”2 (Notice of Motion at 1:22‐27.) The requests that are the subject of the motion are numbered 50‐ 53, 59‐70, 72‐82 and included in Requests for Production of Documents, Set Five propounded on Plaintiff Lynn Maaskamp. (See Defendant's Separate Statement at pp. 6‐83.) Defendant's Request for Judicial Notice filed March 29, 2022 is DENIED on the grounds that none...

Excerpt: ...ve and file an Amended Opposition no later than May 25, 2022. Any Amended Opposition should be a complete and self‐contained opposition and not simply an addendum to the opposition memorandum filed April 21, 2022 and shall comply with all 2 procedural requirements for oppositions to motions.1 Plaintiff is then granted leave to serve and file, no later than May 27, 2022, a complete and self‐contained amended Reply that complies with all proced...

Excerpt: ... set for October 26, 2022, at 8:30 a.m. in Dept. A. 1 For reasons relating to the maintenance of Court files the Court does not deem pleadings attached as exhibits to other matters “filed.” 2 Defendant Greg Hoffman moves, pursuant to Code of Civil Procedure section 473, subdivision (b), “for an order granting the motion to set aside the default and default judgment in favor of Defendant” on the grounds that the failure to timely respond w...

Excerpt: ... DENIED. Respondent Deborah Jeanne Miller, trustee of the Elizabeth Anne Miller Residence Trust, (Respondent) moves to quash the March 15, 2022 Deposition Subpoean for Production of Business Records (Subject Subpoena) propounded on non‐party Early Warning Services, LLC (EWS) by Petitioner Duncan Mackenzie Miller on the grounds that: (a) the Subject Subpoena is overbroad as to time and scope; (b) is designed to cause Respondent unwarranted annoy...

Excerpt: ...Civil Procedure sections 430.10, 430.30, and 430.50, to the Third Amended Verified Complaint (TAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Both of Plaintiff's requests for judicial notice, filed on March 16, 2022, and April 26, 2022, are DENIED. None of the subject documents are relevant to the Court's resolution of the issues raised by the demurrer. Moreover, the ...

Excerpt: ...he subpoena duces tecum (Subpoena) issued by Defendant Pacific States Petroleum, Inc. (Defendant) served on Key Health Medical Solutions, Inc. (Key Health). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (...

Excerpt: ...ecord within the time limits prescribed by Code of Civil Procedure section 1005, subdivision (b). Dr. Bina is ordered to meet and confer pursuant to Code of Civil Procedure sections 430.41 and 435.5 prior to service on Plaintiffs. Dr. Bina may file and serve new moving papers so long as they are self‐contained. If Dr. Bina elects to not file new moving papers, the Court will consider those filed on March 29, 2022 as operative. Plaintiffs may se...

Excerpt: ...prior trial continuances, (2) the parties have agreed to private mediation on July 18, 2022, which falls after the current trial date of July 11, 2022, (3) a trial continuance would permit the parties to engage in settlement negotiations and avoid potentially unnecessary trial preparation costs and time, as well as additional time to conduct discovery and depositions, (4) cross‐defendant Sandin Manufacturing, Inc. only recently appeared in this...