Excerpt: ...he action is barred by the applicable statute of limitations. B. Legal Analysis 1. Demurrer 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 facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court must “construe the allegations of a complaint ...

Excerpt: ...s valid 2 exercise of his constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to s...

Excerpt: ... pre‐ trial issues Shushereba (Case No. 19CV000345), Golick (Case No. 19CV000350), Loeber (Case No. 19CV000359), and Gonzales (Case No. 19CV000391). The Court stated: “There is no question that consolidation of these matters would promote judicial economy in light of the fact that all four cases involve the same tragic incident, with a significant overlap of evidence and witnesses.” The Court, however, deferred ruling on the motion to conso...

Excerpt: ...ndants Fay Servicing, LLC and Wilmington Trust, National Association, as trustee for MFRA Trust 2014‐2, move for an award of monetary sanctions in the amount of $54,786.63 and terminating sanctions against Plaintiffs Bruce Chadbourne and Mohammad Khan for their maintenance of causes of action and prayers for relief against Defendants which they know or reasonably should have known were and are without any legal merit and without factual and evi...

Excerpt: ...see: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extension o...

Excerpt: ...pecialists, Inc., care of its attorneys, sanctions in the amount of $9,497.50 no later than 10 days after notice of entry of this order. Defendant and Cross‐Complainant Bay Area Surgical Specialists, Inc. aka BASS Medical Group moves to compel Plaintiff Mindy Marquez to produce documents requested at her deposition, and, pursuant to Code of Civil Procedure sections 2023.010, 2023.030, 2025.280, and 2025.480, for sanctions against Plaintiff and ...

Excerpt: ... person most qualified, and produce documents and communications withheld on the basis of privilege is GRANTED IN PART AND DENIED IN PART.2 A. Holcomb Production Stone contends WPP's attorneys did not assist Holcomb in searching for relevant materials or assist him with performing key word searches for relevant ESI. WPP represented to the Court that it will produce documents and ESI responsive to Stone's discovery requests, and is under a court o...

Excerpt: ...ry to the contract against non‐signatories, are “‘intimately founded in and intertwined' with the underlying contract obligations.” (JSM Tuscany, LLC v. Super. Ct., (2011) 193 Cal.App.4th 1222, 1237 (JSM).) Discovery in the matter is stayed pending resolution of the motion. Defendants Bridget Beckstoffer (Ms. Beckstoffer) and Andrew Tuck Beckstoffer (Mr. Beckstoffer) move, pursuant to the Code of Civil Procedure section 1281, et seq., and...

Excerpt: ...tion 945.4, and for leave to file a civil action against American Canyon Fire Protection District.3 The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel ...

Excerpt: ...intiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) As an initial matter, Defendants' motion suffers from a lack of clarity. Defendants fail to identify, with any more particularity than the foregoing quoted language, specifically what portions of the Complaint it would have the Court strike. There is no specific reference in the 3 Notice of Moti...

Excerpt: ...8. 4 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 facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court may also consider as grounds for a demurrer any matter that is judicially noticeable under Evidence Code sections 451 or 452. (Code. Civ...

Excerpt: ...duction of Documents, No. 101, and to produce all responsive documents. 2 The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearin...

Excerpt: ...ice of notice waived. (See id. at subd. (d).) A. PROCEDURAL MATTERS Defendants Auberge Resorts LLC and Moana Corporation move, pursuant to Code of Civil Procedure section 1030, for an order requiring Plaintiff to post an undertaking in the amount of $50,000 on the grounds that Plaintiff resides outside of the state of California and there exists a reasonable possibility that Defendants will obtain a judgment in its favor and be entitled to recove...

Excerpt: ...quired Wage Claimants to provide their own tools, including compressors, nail guns, saws, and hand tools. Wage Order 16, section 8(b) requires employers to pay employees who provide and maintain their own tools at least two times the state minimum wage for each hour worked.”]; (2) a sentence in paragraph 12 (incorrectly identified in the complaint as paragraph 10) [“Defendants ipso facto failed to compensate Wage Claimants twice state minimum...

Excerpt: ... on the grounds that the Subject Portions constitute irrelevant, false, or improper matter, or a demand for judgment requesting relief not supported by the allegations of the Complaint.4 More specifically, Defendants argue that the seven Subject Portions relate to Plaintiff's claim brought pursuant to California's Unfair Competition Law (UCL) but that the Subject Portions each, “go[] further than the UCL allows.” (Support Memo at 1:8‐9, 14�...

Excerpt: ...commercial lease agreement by which Defendant leased from Plaintiff certain real property known as the Borreo Building in Napa, California. The subject lease is also at the heart of case number 21CV000458, pending in this Court. 6 Defendant's request for judicial notice is GRANTED. B. Legal Analysis Defendant advances two arguments in support of its demurrer to the Complaint in this action, both based on the legal theory that the complaint allege...

Excerpt: ...s, sanctions in the amount of $3,710.00 no later than 10 days after notice of entry of this order. Petitioner and Plaintiff Duncan Mackenzie Miller moves for an order compelling G&J to produce documents in response to a “valid subpoena for production of documents.” (Notice of Motion at 2:6‐7.) Petitioner also moves for sanctions against G&J and attorney Martin Jensen in the amount of $5,659.50. (Id. at 2:4‐5.) This represents Petitioner's...

Excerpt: ...d for change of venue may be waived unless presented by a timely motion for transfer. A motion for transfer on the ground the action was filed in an improper court must be made within the time permitted to plead; i.e., 30 days after service. (Code Civ. Proc. § 396b.) On October 18, 2020, Dr. Lupercio, Dr. Sambasivan, and Shasta Critical filed their answer to the second amended complaint. On December 16, 2020, Dr. Bartlow filed his answer to the ...

Excerpt: ...YOUR behalf.” I. PROCEDURAL BACKGROUND Defendants Delicato Vineyards and V2 Wine Group, LLC move, pursuant to Code of Civil Procedure sections 1987.1, 2017.010, and 2019.030, for an order quashing, or in the alternative modifying, the respective deposition subpoenas for production of business records issued by Plaintiff to Donati Family Vineyards, Inc., Dry Creek Vineyards, Inc., Mercer Wine Estates, LLC, and Toad Hollow Vineyards, Inc. Defenda...

Excerpt: ...Human Resources Eligibility Review Committee set forth in paragraphs 53, 54, and 55 of the proposed First Amended Complaint (pFAC). Plaintiff moves, pursuant to Code of Civil procedure sections 576 and 473, for leave to file a proposed First Amended Complaint (pFAC) to add a cause of action for defamation against Defendant Pacific Gas and Electric Company (PG&E). The Court may, “at any time before or after commencement of trial, in the furthera...

Excerpt: ...t action with the following actions also pending in Napa County Superior Court: Grassi Construction, Inc. v. Michael Ru Bello, et al., case number 19CV000679; and Ehren Jordan Wine Cellars, LLC v. Michael Ru Bello, et al., case number 19CV000681. The motion is brought on grounds that the actions involve similar legal theories, similar transactions and that each will require testimony by common witnesses. “When actions involving a common questio...

Excerpt: ...mentioned, to the extent the memorandum of costs could be reasonably construed as being filed on behalf of both plaintiff Third Street Napa Development, LLC and Vesta, Vesta is not entitled to the recovery of any costs pursuant to the memorandum of costs (subject to the reservation of rights to seek recovery of costs at a future date). Nielson's alternative motion to tax costs as to the filing and motions fees (item number 1) is GRANTED IN PART. ...

Excerpt: ...yvale Vineyards LLC's Opposition to Defendants' Motion to Quash or Modify Merryvale's Subpoenas to Other Wineries. 2 Defendants V2 Wine Group, LLC and Delicato Vineyards (collectively Defendants) move for an order authorizing the sealing of portions of the following documents filed by Plaintiff Merryvale Vineyards LLC (Merryvale) in this action: (1) Opposition to Motion to Quash or Modify Merryvale's Subpoenas to Third Party Wineries; and (2) Opp...

Excerpt: ...s assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Rules of Court, rule 3.1332, subd. (a).) While a party may seek continuance of a trial date, they must do so “as soon as reasonably practical once the necessity for the continuance is discovered.” (Id. at subd. (b).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own mer...

Excerpt: ...ts' request for sanctions is DENIED. Defendants Delbert J. Smith and Ron Profili (Moving Defendants) move, pursuant to Code of Civil Procedure sections 2030.290, subdivisions (a) and (b), and 2031.300, subdivisions (a) and (b), for an order compelling Plaintiff to serve verified responses to Form Interrogatories, 3 Set One, Special Interrogatories, Set One, Requests for Admissions, Set One, and Requests for Production of Documents, Set One, on th...

Excerpt: ...ded to conceal this email from disclosure by copying an attorney and writing 11 “A/C priv” next to the subject line. She believes the email itself does not contain information protected by the attorney‐client privilege. Section 2031.285 provides a clawback procedure for handling claims that a document produced in discovery is subject to a “claim of privilege or of protection as attorney work product.” The provision instructs the receivi...

Excerpt: ...t, and fourth cause of action for fraud, as set forth in Plaintiff's Complaint, on the ground that the Complaint fails to allege facts sufficient to state those claims. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding ...

Excerpt: ...t argues petitioner Scott K. Andersen served deposition notices containing an “error or irregularity” in that the notices set the depositions of seven percipient witnesses to be taken before petitioner produced his designated expert witness, Dr. Glenn Hammel, for deposition pursuant to Code of Civil Procedure section 2034.410, creating a likelihood that 7 petitioner's designated expert witness will form new or additional opinions prior to the...

Excerpt: ...t Amended Complaint (FAC). Defendants assert that they are entitled to summary judgment because Plaintiff is unable to produce evidence sufficient to create a triable question of fact as to three material issues: (1) whether Dr. Perryman breached the appropriate standard of care; (2) whether any negligent action by Dr. Perryman contributed to Plaintiff's alleged injuries; and (3) whether Whole Health is liable to Plaintiff, under a vicarious liab...

Excerpt: ...cause of action is barred by the applicable statute of limitations. 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 facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the trut...

Excerpt: ...ode Civ. Proc., § 877.6; Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499; Urbanic Decl., ¶¶ 13‐14; Anya Reply Decl., ¶¶ 2‐7, 9‐10.) Defendant/crosscomplainant Semper Solaris Construction, Co. has not met its burden to show the settlement is “out of the ballpark.” (Tech‐ Bilt, supra, 38 Cal.3d at pp. 499‐500.) Semper allegedly caused the water intrusion damage requiring the need for home repairs whil...

Excerpt: ...e 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant 3I Incorporated (3I) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6, for an order finding that 3I's settlement with Plaintiffs Sandra Valva and James Valva was made in good faith and that all cross‐complaints for equitable indemnity and contribution asserted against 3I are barr...

Excerpt: ... or produce documents described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a).) Under such circumstances, the party noticing the deposition may seek an order compelling the deponent to appear for her deposition, provide testimony, and produce all documents requested in the notice. (Ibid.) Farina appeared for a deposition via Zoom on March 18, 2021. (Modica Reply Decl., ¶ 25.) However, applying the word “appeared” to what...

Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary 1 Moving defendant Odd Fellows Home of California, Inc. was dismissed as a defendant on April 2, 20...

Excerpt: ... information identified in the subject interrogatories to the third‐party administrator upon request. The third‐party administrator shall not disclose any of said information to any party, including Plaintiff, except as specifically authorized pursuant to validly executed reply cards. Plaintiff moves for an order compelling Defendant Napaidence Opco, LLC dba Napa Post Acute to provide further responses to Plaintiff's Special Interrogatories, ...

Excerpt: ..., by Zoom, unless it is confirmed that no party requests oral argument. Plaintiffs move the Court “for an order awarding prevailing party attorneys' fees pursuant to the contract between the parties and after having prevailed on Defendant's Motion to Vacate the Arbitration Award rendered on December 8, 2021.” (Notice of Motion at 2:1‐3.) The notice of motion must state exactly what relief is sought and upon what grounds that relief is sough...

Excerpt: ...14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability to fashion an appropriate response. Defendants' demurrer to the second cause of action for negligent entrustment on the ground of failure to state sufficient f...

Excerpt: ...g that the defendant (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, either with knowledge that injury was substanti...

Excerpt: ...of mandate is GRANTED IN PART. Petitioner is entitled to a peremptory writ of mandate directing Respondent NVC to set aside the July 19, 2019 decision terminating Petitioner from the Criminal Justice Training Center Basic Police Academy (Program), and to reconsider the case in light of the Court's opinion as set forth herein. Petitioner is directed to prepare, and forward to Respondents no later than May 6, 2021 for approval as to form, an order ...

Excerpt: ...Court takes judicial notice of the Department of State Hospitals‐Napa Administrative Directive titled Sexual Harassment and numbered 139, attached as Exhibit 8 to the Request for Judicial Notice. (Evidence Code §452, subd. (c).) 8 The Court denies the Request for Judicial Notice (Request) as to Exhibits 1‐4, 6, 13, and 16 on the ground that none of the subjects are relevant to the Court's resolution of the issues presented. The Court takes j...

Excerpt: ... provisions of Rules of Court Rule 3.1345, no later than June 23, 2021. The revised Separate Statement is to contain discussion of only those categories of documents sought for which issues remain outstanding as of June 23, 2021. Any issues not raised through the supplemental separate statement will be deemed to have been resolved through meet and confer. Rimerman may serve and file, no later than July 2, 2021, a supplemental separate statement i...

Excerpt: ... 2021, and verifications were provided on March 9, 2021. As a result, plaintiff argues defendant's responses were untimely and tantamount to no responses at all, requiring objection free responses. Plaintiff is not entitled to responses without objections to all interrogatories. Plaintiff fails to mention that defendants served “hybrid” responses consisting of answers and objections. Where the response contains both an answer and objections, ...

Excerpt: ...ection Act (Welf. & Ins. Code, § 15600, et seq.) [Issues 9‐12], and second cause of action for intentional infliction of emotional distress [Issues 16‐ 17] on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A ...

Excerpt: ...th, eighth, ninth, and tenth causes of action asserted against them through Plaintiff's Second Amended Complaint (SAC) on the grounds that Plaintiff failed to plead each cause of action with the required specificity. 1. Procedural Law re: Demurrers 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 facts properly pleaded, but not cont...

Excerpt: ...ss‐ defendants' antiSLAPP motion should be granted. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) Crossdefendants have the initial burden of showing the challenged causes of action arise from an act in furtherance to a person's right to petition or free speech. (Id.) If cross‐defendants satisfy their initial burden, the burden shifts to cross‐complainant Karim P. Allana to show a probability of success on the merits of the challenged cau...

Excerpt: ...ioner/Plaintiff Duncan Miller (Petitioner). GVM asserts four grounds in support of its request to quash the subject subpoenas: 1) they demand the production of privileged attorney/client records, attorney work product and attorney client‐communications; 2) they fail to provide required notice to consumer; 3) they are overbroad, vague, burdensome and oppressive; and 4) they seek documents that are not business records, but rather, business produ...

Excerpt: ...moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff and Cross‐Defendant Martha Kongsgaard moves, pursuant to Code of Civil Procedure section 437c for an order of summary adjudication as to two affirmative defenses asserted by Defendant, the first cause of action asserted by Plaintiff through the Complaint, and seven causes of action asserted by Defendants through thei...

Excerpt: ...in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Christopher Bello moves, pursuant to Code of Civil Procedure sections 598 and 1048, for an order severing and bifurcating the two claims asserted against him in this action from trial of the claims asserted against co‐defendants Michael and Nancy Bello.1 (Motion at 1:21‐24.) Section 598 gover...

Excerpt: ...on the project pursuant to the terms of subcontracts with Wright. This alone constitutes sufficient common issues of law and fact justifying consolidation. (Code Civ. Proc., § 1048.) As to the opposition arguments from plaintiffs DFS Flooring, L.P. in Case No. 20CV000777 and Enterprise Roofing Service, Inc. in Case No. 20CV000790, first, each plaintiff 3 has asserted a mechanic's lien claim against Wright and/or Odd Fellows. Some plaintiffs have...

Excerpt: ...levant. McGill contends the requests still are relevant as to Webb's affirmative defenses, but the form interrogatories and the motion itself are directed to Webb as a cross‐ complainant, not to the answer to the underlying operative complaint or to him as a defendant. (Weixel Decl., Ex. C.) The Court understands McGill's position that the cross‐complaint may have been filed for an improper purpose and she may need to prepare the case as it w...