Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to the 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 r...

Excerpt: ... consolidation will avoid unnecessary costs and delay. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc, § 1048, subd. (a).) The Court finds from a rev...

Excerpt: ...nd Andrew Renda (“Mr. Renda”) (collectively, “Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, 4 (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). The matter originally came on for hearing on November 22, 2022, Trevor White appearing for Plain...

Excerpt: ...ephone 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. “At any time after notice of pendency of action ...

Excerpt: ...�Defendants”). 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 argument or con...

Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...

Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...

Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH 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: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Rules of Cour...

Excerpt: ...t Finnuala Hanifan (“Finnuala”) moves, pursuant to Code of Civil Procedure section 2032.650, subdivision (c), for monetary sanctions in the amount of $2,500 and an evidentiary sanction to exclude Defendants' IME expert, Dr. David Masur, from testifying at trial for failing to produce his report and tests pursuant to the Court's December 12, 2022 order. “If a party then fails to obey an order compelling delivery of medical reports, the court...

Excerpt: ...ive damages” from the caption on page 1 and in paragraphs 10(f), 11(g) and 14(a)(2) on page 3; 2. “Accordingly, defendant Wright acted with malice and conscious disregard for the safety of others. Defendant's conduct warrants an award of punitive or exemplary damages” from paragraph EX‐2 on page 5; and 3. “The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10” from paragraph EX‐3 ...

Excerpt: ...r an order to continue the trial date from March 2023 to June 2023. The motion is made on the grounds that Defendant Gene Webb's (“Defendant”) dispositive motion is untimely, Plaintiffs need to conduct discovery after the hearing date for the dispositive motion, and the current trial date takes place during the height of the Napa rainy season, so all damages and conditions may not be known at the time of a March trial. “A party seeking a co...

Excerpt: ...k 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 the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...

Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...

Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...

Excerpt: ...ianni (collectively, “Defendants”) move for summary judgment in their favor and against plaintiff Savannah Ritter (“Plaintiff”) on the grounds that (1) Defendants did not own or control the tree or sidewalk adjacent to the property where Plaintiff was injured and had no duty to third persons for injuries occurring on the sidewalk, (2) Defendants did not cause or create any condition of the tree that caused it to fall, allegedly injuring P...

Excerpt: ...n (“Plaintiff”) cannot (1) establish the necessary elements for liability under Government Code section 835, and (2) maintain a negligence cause of action against the City, as 2 the Government Code section 835 is the exclusive means by which Plaintiff may pursue her claim against the City. As a preliminary matter, Plaintiff's First Amended Complaint (“FAC”) asserts three unlabeled causes of action, only one of which is against the City. W...

Excerpt: ...n grounds that it arises from Defendants' protected activities in connection with a public issue and lacks merit because it is based on activities that are immune from liability pursuant to the litigation privilege. Defendants move, in the alternative, for an order striking specific language in the fourth cause of action on the same grounds. Defendants also seek an award of costs and attorneys' fees incurred in bringing the motion. “The special...

Excerpt: ...uirements including those set forth in Code of Civil Procedure sections 2031.210, et seq. Defendant is further ordered to produce all responsive documents in his possession, custody, or control, no later than 30 days from notice of entry of the present order. Finally, Defendant and his counsel of record are ordered to pay to Plaintiffs care of their attorney of record in this action, within 15 days of notice of entry of the present order, monetar...

Excerpt: ...0217(g) and 20250(k), for an order requiring compliance with six administrative subpoenas (five subpoenas ad testificandum and one subpoenas duces tecum) dated July 28, 2022 served on Respondent St. Supery, Inc. dba St. Supery Vineyards & Winery (“Respondent”). I. LEGAL STANDARD “In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry [by the ALRB...

Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...

Excerpt: ...ivil Procedure section 437c, subdivisions (a)‐(e), for summary judgment, or in the alternative summary adjudication, on the two causes of action they assert against Cross‐Defendants Gerald L. Nunn and Judith Nunn (collectively, “Nunns”) in Wenyons' Cross‐Complaint filed on November 16, 2021 (“Cross‐Complaint”)—the first cause of action for quiet title and the second cause of action for declaratory relief. The motion is brought o...

Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...

Excerpt: ...y shall request oral argument pursuant to Local Rule 2.9 and provide an explanation. I. PROCEDURAL MATTERS Defendants Hoopes Family Winery Partners, LP, Hoopes Vineyard LLC, and Lindsay Blair Hoopes (“Hoopes” or “Defendants”) move, pursuant to Code of Civil Procedure sections 435 and 436, to strike certain portions of the Complaint filed by Plaintiffs Napa County and the 32 People of the State of California ex rel. Thomas Zeleny, as Inter...

Excerpt: ...dure section 1005 or Rules of Court, rule 3.1300, subd. (a). “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing” with additional time depending on the method of service. (Code Civ. Proc., § 1005, subd. (b).) • There is no proof of service of the instant motion on the opposing parties in the court file, in violation of Rules of Court, rule 3.1300, subdivision (c). “Proof of service of t...