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...

Excerpt: ...judgment/adjudication deadline. The Club moves on the grounds that Mr. Voronin has repeatedly impeded the Club's ability to take his deposition without substantial justification, has not provided any available dates for deposition, and has otherwise kept the Club in the dark about when dates will be forthcoming. “If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410,...

Excerpt: ...AGA Claims from her “representative” PAGA claims and dismissing the latter is DENIED. Plaintiff is ordered to arbitrate her PAGA claims. Finally, the Court concludes that whether or not Plaintiff waived her right to bring class‐action claims is an issue properly left for the arbitrator to decide. Defendant Ole Health moves, pursuant to the Federal and California Arbitration Acts for an order compelling Plaintiff Angelica Infante to submit h...

Excerpt: ...ction (Oct. 11 Minute Order). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the pri...

Excerpt: ...torney to pay a monetary sanction to Petitioner in the amount of $1,404. Code of Civil Procedure section 2030.290 governs the effect of a party's failure to serve a timely response to interrogatories. Petitioner submits evidence demonstrating that, on September 30, 2022, Respondent served a response to Petitioner's interrogatories propounded on August 31, 2022. (Declaration of Steven H. Kuhn (“Kuhn Decl.”), ¶¶ 2‐3, Exhs. 1‐2.) Although ...

Excerpt: ...rein. 2 Defendants 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. Defendants are 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 continuan...

Excerpt: ...he constitutional right of freedom of speech and petition for the redress of grievances” and “Plaintiffs' claims lack merit.” Defendants further move for attorneys' fees pursuant to Code of Civil Procedure section 425.16, subdivision (c). 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 telep...

Excerpt: ...orrectly named as Wyndham Hotel Group, LLC, John Miller, John Evans, Tim Wall, and Silverado Resort Services Group, LLC (collectively, “Defendants”) moves, pursuant to Code of Civil Procedure sections 2032.020, 2032.310, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). This matter originally came on for hearing on November 30, 2022 at 8:30 a.m. in Dept. B. ...

Excerpt: ...RANTED. The Case Management Conference on December 15, 2022 at 8:30 a.m. in Dept. A shall remain on calendar. Plaintiff is directed to provide notice of this order to the parties. Plaintiff Two Jinn, Inc. dba Aladdin Bail Bonds (“Plaintiff”) moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c), 2023.010, subdivisions (a), (d) and (g), and 2023.030, subdivisions (a) and (b), for an order striking the answer of Defendan...

Excerpt: ... and its counsel of record are ordered to pay monetary sanctions to Plaintiff, care of her counsel of record, in the amount of $3,460, within 10 days of notice of entry of the present order. Plaintiff's request for issue sanctions is DENIED WITHOUT PREJUDICE. Plaintiff Martha Martinez moves, pursuant to Code of Civil Procedure section 2031.310 for an order compelling Defendant Rancho Gordo, Inc. (Rancho Gordo) to serve further responses to Plaint...

Excerpt: ...hird Partial Final Award (“TFA”) all concerning the valuation of KGF's interest in Hundred Acre Wine Estate, LLC (“HAWE”) for the purpose of sale to the majority owner of HAWE. The grounds for the petition are that the arbitrator (1) declined to decide and refused KGF's requests for discovery from Respondents Jayson Woodbridge (“Woodbridge”) and Jane Doe Woodbridge and their marital community, the Hundred Acre Wine Group, Inc, One Tru...

Excerpt: ...‐Intervention T&M Agriculture Services LLC, administered by Preferred Employers Insurance Company (“T&M”) moves, pursuant to Code of Civil Procedure section 387, subdivision (b), and Labor Code sections 3850 et seq., for an order permitting intervention. The grounds for the motion are that T&M will be unduly burdened if it is not allowed to intervene and recover costs that it has expended in paying workers' compensation benefits to Plaintif...

Excerpt: ...rein. Defendants 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. Defendants are 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...

Excerpt: ...s profits and financial condition. 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 attempted to provide a late notice of the Court's tentative ruling system by filing an Amended Notice which was not filed until November 28, 2022. Thus, moving party is directed to immediately provide, by telephone call AND email, the notice to opposing ...

Excerpt: ...e demurrer is brought on the grounds that Plaintiff's eighth cause of action for breach of fiduciary duty fails to state facts sufficient to constitute a cause of action against the Broker Defendants pursuant to Code of Civil Procedure section 430.10, subdivision (e). The parties are reminded of Napa Superior Court Local Rule 3.3 which requires a courtesy copy of any e‐filed document exceeding 15 pages (including exhibits) to be provided to Cou...

Excerpt: ...ants”) move, pursuant to Code of Civil Procedure section 437c, for summary judgment against Plaintiffs Gerald Hanifan, an individual (“Gerald”); Jennifer Hanifan, an individual (“Jennifer”); Gerald Hanifan and Jennifer Hanifan, as successors in interest to Michaella Hanifan (“Michaella”); and Finnuala Hanifan (“Finnuala”) (collectively, “Plaintiffs”). The Corporate Defendants and Individual Defendants are collectively referr...

Excerpt: ...misrepresentation of facts by Plaintiffs in the application process would entitle CSAA to summary judgment or summary adjudication on grounds raised through its eleventh, twelfth, and/or fourteenth affirmative defenses. Plaintiffs are granted leave to serve and file, no later than December 20, 2022, a supplemental opposition limited to the same issues and the same length. CSAA is granted leave to serve and file, no later than December 30, 2022, a...

Excerpt: ... through third, and fifth through tenth causes of action on the grounds that there is no triable issue of material fact as to any of the claims and as a result, Rancho is entitled to summary adjudication as a matter of law. 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 ca...

Excerpt: ...s 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. Defendants are 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, ma...

Excerpt: ...10, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). The grounds for the motion are that “Ms. Hanifan has placed her mental condition ‘in controversy' and good cause exists to compel a neuropsychological examination of Ms. Hanifan. A condition ‘in controversy' means the specific injury that is the subject matter of the litigation. (See Roberts v. Superior...

Excerpt: ...arty/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 M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...

Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (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). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...

Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...

Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...

Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. 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....