Excerpt: ...ntiff John A. Tudal moves, pursuant to Code of Civil Procedure sections 473 and 576, for an order granting Plaintiff leave to file the Proposed SAC on grounds that permitting the subject filing will serve the interests of justice. 1 For file management reasons the Court does not permit attachments to become operative pleadings. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as r...

Excerpt: ...this matter on April 20, 2023" on grounds that the parties agreed to such terms orally at a judicially supervised settlement conference. "If parties to pending litigation stipulate...orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction overthe parties to enforce the settlement until pe...

Excerpt: ...agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal v. Great Western Financial Sec. Corp. (1996) 14 Cal.4th 394, 413.) The moving party bears the burden of proving the existence of the agreement by a preponderance of the evidence. (Ibid.) This represents Pe
Ÿ
Ÿoner 's second a
©empt to compel arbitra
Ÿon of the present dispute. Pe
Ÿ
Ÿoner again fails to carry its ini
Ÿal burde...

Excerpt: ...intiff ha[s] not pled any facts that support their request for attorney's fees against [GPIA]." (Mohon to Strike at 3:12-15.) Through the SAC, Plaintiff purports to assert claims of (Sixth) Negligent Misrepresentation and (Seventh) Professional Negligence against Defendant GPIA (See SAC at 14:19-16:12.) On these claims Plaintiff prays for, among other relief, "compensatory damages in an amount to be proven at trial, including attorneys' fees allo...

Excerpt: ...uce to Defendants' counsel of record a further verified, code-compliant response to Form Interrogatory No. 17.1; and (3) pay to Defendants, care of their attorneys of record, monetary sanctons in the amount of $2,160. Defendants Michael L Holcomb and Maria C. Holcomb move, pursuant to Code of Civil Procedure sections 2030.300, subdivision (a) and 2033.290, subdivision (a) for an order compelling Plaintiff Joan Traverso (Plaintiff) to provide furt...

Excerpt: ...and that the failure to timely serve such responses was the result of mistake, inadvertence, or excusable neglect.2 The subject discovery consists of requests for production of documents, requests for admission, and form and special interrogatories propounded by Defendant Valley Rock Foundantion (VRF) and special interrogatories propounded by Defendant Dr. Robert White (Dr. White). (The foregoing discovery is referred to herein as Subject Discove...

Excerpt: ...uired by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 n...

Excerpt: ...Amended Complaint (TAC) the prayer for punitive damages and all references thereto. The Court notes that Defendant Sean Stapleton filed, together with Brad Stapleton and WCPS, an answer in response to the TAC. However, Sean Stapleton does not join in the present motion. (See Notice of Motion.) The Court rules on Defendants' Request for Judicial Notce as follows: Exhs. A and C: GRANTED, but not for the truth of matters alleged in the subject docum...

Excerpt: ...al Examination." Defendants concede that they are required, pursuant to Code of Civil Procedure section 2032.310, to obtain leave of Court in order to conduct the desired examination. "The court shall grant a motion for a physical or mental examinaton under Section 2032.310 only for good cause shown." (Code Civ. Proc., S 2032.320, subd. (a).) The Court finds as follows. On February 25, 2022, Plaintiff served Defendants with his Supplemental Respo...

Excerpt: ... demand nos. 1, 2, 5, 7, 13, 14, and 15 of Defendants' First Demand for Inspection of Documents (Subject Discovery).2 Defendants move on grounds that OHC has failed, without justification, to comply with its representation that it would produce all responsive documents. Defendants also move, pursuant to sections 2023.030, subdivision (a), 2031.310, subdivision (h) and 2031.320, subdivision (b) for an award of monetary sanctions against OHC in the...

Excerpt: ... 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. "[A]ny party shall be entitled as a matter of right to c...

Excerpt: ...e ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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, rega...

Excerpt: ...ndant 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. Defendant 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, ...

Excerpt: ...ly protected Fifth Amendment rights against self-incrimination and Sixth Amendment rights under the Federal Constitution and Defendant's corresponding state rights under the California Constitution." (Notice of Motion at 1:22-2:3.) The case arises out of allegations of injury stemming from a motor vehicle collision between vehicles driven, respectively, by Defendant and Plaintiff Gurdip Singh Malhi. The alleged collision is also the subject of th...

Excerpt: ...arties' dispute regarding the proper scope of the document requests attached to the deposition subpoena. The reference pursuant to this order is limited to the proper scope of the document requests attached to the deposition subpoena of Aaron Pott, and the deposition notice of Spencer Hoopes which is the subject of the concurrent motion to compel. The parties are directed to meet and confer to select a discovery referee. "If the parties do not ag...

Excerpt: ...s, without objections, and documents in compliance with the Court's April 18, 2023 discovery order within 15 calendar days of service of notce of entry of order. This represents Defendant's second motion to compel the subject discovery. On May 24, 2023, the Court granted each of Defendant's respective motions to compel Plaintiff to to form interrogatories, special interrogatories, and requests for production of documents. The Court further ordere...

Excerpt: ...equests a new trial on the issue of non-economic damages, or in the alternative, for additur. The court may grant a new trial on the grounds of irregularity in the proceedings that: deprived the party of a fair trial; was based on insufficient evidence to justify the verdict or the verdict was against law; or where there was error in law occurring at trial, or excessive damages. of Civ. Proc 5657) When presented with a motion for a new trial, the...

Excerpt: ...ses...." (Notice of Motion at 2:8-10.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 requ...

Excerpt: ...h the probable validity of any real property claim asserted therein by a of the evidence. (See Notice of Motion.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under...

Excerpt: ...e, Special Interrogatories — Set One, and Form Interrogatories — Set One. The order to produce responses is STAYED pending resolution of the Motion for Order Relieving Responding Party from Waiver of Objections currently set for hearing on August 8, 2023. The truth of the matters specified in Defendants' Request for Admission, propounded on Plaintiff, is hereby deemed admitted by Plaintiff. Finally, Plaintiff is ordered to pay to Defendants, ...

Excerpt: ...ended Cross-complaint in substantially the same form (though in final non-redlined form) as that attached as Exhibit F to the Declaration of Lisa Lin Garcia. Sutter Home's Request for Judicial Notice is GRANTED. Sutter Home Winery, Inc. (Sutter Home) moves for an order granting Defendant leave to file a Second Amended Answer to Plaintiffs Complaint and a Second Amended Cross- Complaint. The Court may, "at any tme before or after commencement of t...

Excerpt: ...equired 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 1 hearing, made by any party who represents it did not timely receive the required notice, regardless of whether...

Excerpt: ... notice 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 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, regardles...

Excerpt: ...t. 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. Cypress Insurance Company, as administered by Berkshire Hathaway Homestate Companies ("BHHC") moves for an order granting leave to intervene in this action on grounds that the moving party "is entitled to in...

Excerpt: ...ff's original memorandum, any matters discussed through Plaintiff's supplemental memorandum, and/or any of the matters discussed below. That portion of the Court's March 14, 2023 Order restraining and enjoining "Defendants, their employees, agents and/or any other person or entity acting with them or on their behalf...from conducting the Trustee's Sale of the Property located at 17 San Francisco Avenue, South Lake Tahoe, CA 96150" is hereby exten...

Excerpt: ...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. A proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) A petition ...

Excerpt: ...03 Trust, and Oakville Hills Cellar, Inc., their employees and agents, and persons acting on their behalf or in concert with them from conducting unlawful tours and tastings at Dalla Valle winery, located at 7776 Silverado Trail in Napa, California, pending either: (1) trial of this achon or (2) a final determination by Napa County modifying Dalla Valle winery's use permit to authorize tours and tastings. Defendants so-move on grounds that Plaint...

Excerpt: ...DENIED as to Defendant Joseph Cherry, but without prejudice to Defendant Cherry's right to move to strike such prayer from any subsequent iteraton of the complaint. A. PRELIMINARY MATTERS Defendants County of Napa and Napa County Adult Protective Services Worker Joseph Cherry (Moving Defendants) "demurrer to and move to strike" the Third Amended Complaint on grounds that: (1) Plaintiff fails to allege that Defendant County of Napa owes her a stat...

Excerpt: ..., subd. (b).) The Court therefore exercises its discretion and orders these portions stricken from the 4th AC. (See id.) Defendant Towpath Village, LLC (Towpath) demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (d), to the purported sixth (violaton of Civil Code S 1950.5 (Section 1950.5 Claim)) and seventh (Intentional Infliction of Emotional Distress (IIED Claim)) causes of action asserted through Plaintiffs' Fourth Amende...

Excerpt: ...t recognizes that the parties seriously dispute whether Kelham Vineyards has fully complied with the Writ. At this juncture, the Court is unable to ascertain the veracity of the parties' countering contentions which are purely argument at this point. Thus, the Court finds that an evidentiary hearing is appropriate. The Court does not elect to exercise its discretion to grant a jury trial on the issue, as requested by Petitioner, where an evidenti...

Excerpt: ...q„ "to stay, quash, and/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Co...

Excerpt: ...on and is uncertain. (Notice of Demurrer at 3:5-8.) A complaint must contain "facts constituting the cause of action." (Code Civ. Proc., S 425.10, subd. (a)(l).) "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: ... (e) The pleading does not state facts sufficient to constitute a cause of The pleading i...

Excerpt: ...endant California Department of State Hospitals ("DSH") demurs to each cause of action asserted through the First Amended Complaint (FAC) by Plaintiff Rosela Lee ("Plaintiff"), an individual and as Successor-in-Interest to Victoria Jarvis, an individual, deceased ("Decedent"). DSH demurs on grounds that "Plaintiff lacks standing to assert causes of action one through four" and that Plaintiff's fifth cause of action for intentional infliction of e...

Excerpt: ...t to show a reasonable probability that they will prevail on the merits of their claims, they will be ordered to furnish a security in the amount of $72,395 m, no later than 15 court days' following notice of entry of the Court's ruling on the motion. (S 391.3, subd. (a).) The stay of proceedings pending outcome of the present motion shall continue "until 10 days after the required security has been furnished and Defendants have given written not...

Excerpt: ...s, Set One; and Request for Production of Documents, Set One. Plaintiff is further directed to pay to Defendant, care of Defendant's counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $1,460.00. Defendant Robert Jordan moves for an order compelling Plaintiff Orlando Ricardo Sanchez dba El Dorado Roofing to respond to Jordan's Form Interrogatories, Set On...

Excerpt: ...uant to Health & Safety Code section 1430 pending the outcome of such arbitration. The matter is set for a Review Hearing re: Arbitration on December 8, 2023, at 8:30 a.m. in Dept. B. l. PRELIMINARY MATTERS Defendants Providence Group, Inc. and NAPAIDENCE OPCO, LLC move, pursuant to Code of Civil Procedure section 1281.2, to compel arbitration and stay the action "based on the parties' written agreement to arbitrate." (Notice of Motion at 1:25-27...

Excerpt: ...nd/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Court granted Defendant L...

Excerpt: ...quest for sanctions is DENIED. FPI Management, Inc. (FPI) moves, pursuant to Code of Civil Procedure secton 2030.300, for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form Interrogatory Nos. 6.4, 6.5, 6.7, 8.4, 8.7, 50.1 and 50.2 (Subject Interrogatories).l FPI 1 All subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. further moves, pursuant to section 2030.3(L subdiv...

Excerpt: ...intiff Elsa Espinosa. "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit...." (Code Civ. Proc„ S 437c, subd. The party moving for summary judgment and/or summary adjudication bears the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 825, 850.) A defendant meets this burden by showing that one or more elements...

Excerpt: ...her ordered to pay to Judgment Creditor Amulet Estate LLC care of its attorneys of record monetary sanctions in the amount of $2,045 within 30 calendar days of notce of entry of entry of the present order. Plaintiff and Judgment Creditor Amulet Estate LLC moves, pursuant to Code of Civil Procedure sections 708.030, subdivision (a) and 2031.310, for an order compelling Beckstoffer to prov-de full and complete responses, and produce responsive docu...

Excerpt: ...covery, without objection, and remit payment in the amount of $540 as monetary sanctions to Defendants, care of their attorneys of record, within 10 calendar days of notice of entry of the present order. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the miss...

Excerpt: ...gument 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 FCA US LLC (FCA) moves for an order compelling arbitration and staying the action, "based on the Arbitration Provision included in the Sales Contract agre...

Excerpt: ...llege facts sufficient to state a claim and further fails to plead standing to assert the claims against Defendant. Defendant demurred to the original complaint on these same grounds. The Court sustained that demurrer by Minute Order of February 1, 2023 (2/1 Order). Thereafter Plaintiff filed the FAC. As with the first demurrer, while Defendant— through the Notice — suggests two independent grounds for demurrer, the arguments advanced through...

Excerpt: ... in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 ...

Excerpt: ..."If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court ...

Excerpt: ...ined against them. Defendants so move on grounds that the Court lacks jurisdiction over Defendants because the substituted service was not properly effectuated which resulted in Defendants lacking actual notice of the action. In the event that the Court finds that substituted service was properly effectuated, Defendants alternatively move for the Courtto exercise its equitable powers and set aside the default and default judgment on grounds that ...

Excerpt: ...e of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represent...

Excerpt: ...to produce responsive documents and to serve supplemental and/or amended responses to Request for Production of Documents, Set 2 (Subject Discovery)l . Czap so moves on grounds that Plaintiffs have failed to serve proper responses to the Subject Discovery. Finally, Czap moves, pursuant to sections 2023.010, 2023.030, and 2031.320, for an award of monetary sanctions against Wang in the sum of $13,487.50. The moving party failed to include in the n...

Excerpt: ...edure, section 430.41, subdivision (b); and whether they may assert a novel argument in support of their demurrer to the sixth cause of action for wrongful death, as discussed below. Plaintiff is granted leave to serve and file, no later than June 8, 2023, a supplemental opposition addressing the same issues and/or DSH's arguments thereon. A. PRELIMINARY MATTERS Defendant California Department of State Hospitals ("DSH") demurs to each cause of ac...

Excerpt: ...erence date, and all related pre- trial dates, on grounds that a new Plaintiff has recently been added to the case, Plaintiffs recently filed a Third Amended Complaint, and Plaintiff Todd Wentzel recently testified, at deposition, that he is seeking damages in the form of lost wages which testimony is purportedly inconsistent with earlier discovery responses. The Court has a statutory "responsibilityto eliminate delay in the progress and ultimate...

Excerpt: ... 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. Defendants Gino Bartalotti and Christopher Bartalotti move for an order setting aside judgments entered in fawr of Plaintiff Gordon Flesch Company in this action on the grounds of "improper a...

Excerpt: ...other portions of the SAC. Plaintiffs are granted 10 days' leave, from notice of entry of the present order, to amend the SAC forthe exclusive purpose of supporting a claim for punitive damages. Defendants David John Campbell, Jr. Bradford Stapleton and We Care Pest Solutions, Inc. move, pursuant to Code of Civil Procedure Sections 435 and 436, "to strike the prayer for punitive damages, and all references thereto, from the Second Amended Complai...

Excerpt: .... The demurrer to each cause of achon is brought pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant further contends that the third cause of action, for wrongful termination in violation of public policy, fails, in part, based on the sham pleadings doctrine. Defendant previously demurred to each of Plaintiffs original Complaint and First Amended Complaint (FAC). Each of these demurrers was sustained by the Court with l...

Excerpt: ...g. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (Code Civ. Proc. 5436.) The matters Defendants object to fall into two categories: (a) allegations regarding Robert Mueller's role in Zinfandel, LLC and Plaintiff's alter ego theory of liability (Notice of Motion at 2:4-14); and (b) allegations relating to Plaintiff's prayer for attorneys' fees (...

Excerpt: ... 1:25-27.) The Court appreciates counsel's efforts at resolving what can fairly be described as a conundrum. However, the Court is unpersuaded that Code of Civil Procedure section 473, subdivision (b) provides authority for such resolution. The section of the statute relied upon provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding t...

Excerpt: ...ious Diseases at the time of mutual and simultaneous exchange of expert witness information"; (b) "the need for the Augmented Witness List was recently discovered based on the deposition testimony of non- retained experts"; and (c) "Plaintiff will not be prejudiced by the proposed Augmented Expert List." (Motion at 1:21-2:2.) The conditions for granting leave to augment an expert witness list are prescribed by statute. (See Code Civ. Proc„ S 20...

Excerpt: ...oper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 rece...

Excerpt: ... Strata demurs, pursuant to Code of Civil Procedure section 430.10, subdivisions (a), (b), and (e), to the Fourth Cause of Action for Negligence and Fifth Cause of Action for Breach of Contract asserted in Galleron's Complaint filed February 23, 2023. The grounds for the demur are that these causes of action are barred by the statute of limitations and fails to state facts sufficient to constitute a cause of action. The moving party failed to inc...

Excerpt: ...r her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., S 473, subd. (bj.) 3 Plaintiffs designated the case as complex upon filing and Defendants agree with that designation. (See Opposition at 12:9-14.) As Defendants assert, the Court confirmed the complex designation before all parties at the end of the...

Excerpt: ...Movants) move, pursuant to Code of Civil Procedure section 437c, for summary judgment on the Cross-complaint filed by Karim P. Allana, or in the alternative summary adjudication on each of the four causes of action asserted against movants therein. The motion is made on grounds that there are no triable issues of material fact as to any of the causes of achon asserted through the Cross-complaint. A. PROCEDURAL MATTERS The Cross-complaint purports...

Excerpt: ...time is GRANTED IN PART. Plaintiffs and Defendants are directed to meet and confer in faith with the Deponents to schedule the first seven (7) hours of their depositions on a mutually- agreeable date no later than May 10, 2023. While the Court believes it would be more efficient to depose Ms. Rodgers first, it declines to order this. The party that subpoenaed the Deponents, in this case Defendants, shall begin the depositions, unless otherwise ag...

Excerpt: ... (Notice of Motion at 1:22-25.) Following multiple rounds of briefing, Reliant fails to explain exactly what the requested "enforcement" would entail. There is no proposed order on file. There appears in the moving papers and supplemental briefs no specific request for an order mandating or prohibiting any action by any party (or the Special Master). Moreover, given that the parties have, both explicitly and by implication, agreed to a significan...

Excerpt: ...e of entry of the present order. As to the "Alter Ego Requests" (defined below), within 15 calendar days of notice of entry of the present order, Cross-Defendants shall produce copies of all responsive documents, withholding only those that it contends are, in their entirety, subject to one or both of the objections discussed herein, and redacting those that are partially subject to one or both of the objections. Cross-Defendants shall, within th...

Excerpt: ...Investors LLC (collectively, "Plaintiffs") move, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing certain documents and portions of documents which Defendant Interstate Fire & Casualty Company ("Interstate") conditionally filed under seal on March 23, 2023 in opposition to Non-party Marsh USA's ("Marsh") Motion for Protective Order (filed on February 22, 2023 and withdrawn on March 30, 2023 prior to the April 5, 2023 hearin...

Excerpt: ...CE REQUIRED to set a hearing date and briefing schedule for both motions. As noted in the Court's April 18, 2023 Minute Order, all discovery proceedings are stayed until notice of entry of an order ruling on Plaintiffs anti-SLAPP motion. [3] MOTION TO STRIKE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 TENTATIVE RULING: The motion is DENIED. A. Procedural Matters Cross-Defendants County of Napa ("County") and David Morrison and Akenya Robin...

Excerpt: ...o later than 15 calendar days after notice of entry of the present order. Plaintiffs and their counsel are ordered to pay $1,020.00 payable to Defendants' counsel within 15 calendar days of notice of entry of order. A. Procedural Matters Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, "Defendants") move for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, "Plaintiffs") to further respond to Defendants' Re...

Excerpt: ...ess Easement, Enforcement of Express Easement, and Declaratory Relief. The motion is brought on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to oppo...

Excerpt: ... First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between plaintiffs, Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Mark Jackson dba Jackson Drywall; Plough Construction; SLF Concr...

Excerpt: ...han 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $855.00. Based on the evidence produced in support of the motion the Court finds that: (a) Defendant Dalton Totty served Form Interrogatories, Set One, on Plaintiff on January 11, 2023; (b) Plaintiff did not respond in any manner to the subject interrogatories by the statutory deadline; and (c) Despite Defendant's counsel's several efforts at mee...

Excerpt: ...mpelling Respondents Kelham Vineyards & Winery LLC's ("Kelham Vineyards") and Susanna Kelham ("Ms. Kelham") (collectively, "Respondents") to comply with Corporations Codel section 17704.10 and to make an initial return to the Writ by 4:00 p.m. on December 15, 2022 ("Writ"). On January 25, 2023, the Court issued an Order to Show Cause regarding Respondents' Failure to Comply with the Writ and Why Sanctions Should Not Issue ("First OSC"). (Minute O...

Excerpt: ...ice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represe...

Excerpt: ...anted leave to serve and file, no later than April 24, 2023, a supplemental reply of no more than 4 pages addressing matters raised by BTC through the supplemental opposition. Pursuant to the Notice of Mohon, "The Reliant Group (Reliant) moves to enforce Pre- Trial Order No. 1 and seeks clarification regarding the scope of the Special Master's authority. Reliant also seeks clarification regarding Special Master's December 9, 2022 email order, spe...

Excerpt: .... Defendants shall provide notice of entry of the order to Plaintiff. Plaintiff shall file, within 10 days from the notce of entry of order, an amended complaint which removes Paragraph D of the Prayer on page 3 of the Complaint. Defendants shall file an answer to the amended complaint within 10 days from service thereof. Defendants Luis Rosas and Maria Lezama (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 431.10,...

Excerpt: ...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. The pleadings serve as the "outer measure of material-ty" and "determine the scope of relevant issues on a summary judgment motion." (Laabs v. City of Victor...

Excerpt: ...Code of Civil Procedure section 430.10, to the First Amended Complaint ("FAC") filed by Plaintiff Napa County ("Plaintiff") on the grounds that the FAC and the two causes of action stated therein for Public Nuisance Per Se and Unfair Competition fail to state facts sufficient to constitute a cause of action against Defendants. Defendants' 17-page memorandum exceeds the maximum page limit. (See Rules of Court, rule 3.1113, subd. (d) ["no opening o...

Excerpt: ...ross- Defendant RLM Construction Services, Inc. ("RLM") as to the First Cause of Acton for Breach of Express Contractual Indemnity, Second Cause of Acton for Declaratory Relief Regarding Duty to Defend, and Third Cause of Acton for Declaratory Relief Regarding Duty to Indemnify asserted in Third Street's Cross-complaint. Third Street advances two grounds for the motion. First, the express terms of the written subcontract agreement governing RLM's...

Excerpt: ...ence of witnesses and ends of justice will be promoted by the change and that a fair and impartial trial cannot be had in this county. (Motion at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal 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 ...

Excerpt: ...n for Writ of Mandate ("Cross-complaint") on the ground that the proposed Cross- Complaint arises out of the same transaction or occurrence as the underlying Complaint in this action and is a related cause of action as defined in Code of Civil Procedure secton 426.50 but was not pleaded as a result of the District engaging in discussion with Plaintiff in an attempt to resolve the matter outside of litigation. "A party who fails to plead a cause o...

Excerpt: ...urt may enter the requested order. This is not necessarily fatal. Neither the Code of Civil Procedure nor the Rules of Court expressly require a moving party to include, in the notice of motion, citaton to the authority by which the particular relief is sought. However, "[t]he memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited...

Excerpt: ...n moves, pursuant to Code of Civil Procedure sections 2017.010, 2030.230, and 2030.300, forto compel Defendant to provide further responses to Plaintiff's First Set of Specially-prepared Interrogatories, numbers 8, 10-15, 16b, 19-24, 26-27, 31-34, 36-38, and 40-41. A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Ci...

Excerpt: ...r. Plaintiff is directed to give Defendant notice of the continued hearing. Plaintiff Kelsbn Group, Inc. dba Pacific Credit Services moves for an order to set aside the default and default judgment entered against Defendant Natalie Morrison on grounds that, "the aforementioned Entry of Default and Default Judgment has been erroneously prepared and should not have been submitted to the courts...." (Notice of Motion at 1:25-27.) The Court appreciat...

Excerpt: ...tice of Motion at 1:22-25.) A. NATURE OF THE RELIEF SOUGHT THROUGH HE MOTION The Court finds the Notice of Motion vague and ambiguous regarding precisely what form of relief Reliant seeks and the grounds on which Reliant seeks it. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...the grounds upon which it will be made"]; see also Rules of Court, Rule 3.1110 [ "[a] notice of motion must state in the open...

Excerpt: ... ruling. The motion to compel is DENIED in all other respects. The request for monetary sanctions is also DENIED. Defendant FPI Management, Inc. (FPI) moves for an order compelling Plaintiff Elisabeth Wetzel to produce further responses to Form and Special Interrogatories, Requests for Production of and Requests for Admissions and for an award of monetary sanctions in the amount of $1, 770M. A. Interrogatories The Court finds from the evidence pr...

Excerpt: ...rogatories, Set One, and Request for Production of Documents, Set One, no later than 15 calendar days after notice of entry of order. Blakely and his counsel are ordered to payto Plaintiff, care of its attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $1,080. Plaintiff Benigno Gaytan Ramirez moves, pursuant to Code of Civil Procedure sections 2030.290 and for an order compelling Blakeley to s...

Excerpt: ..., the 2:00 p.m. hearing. * TENTATIVE RULING: Plaintiffs' request for a preliminary injunction is DENIED. [continued on next page] l. PROCEDURAL MATTERS By way of their Verified First Amended Complaint ("FAC"), Plaintiffs Denise Chaix Wiig and Darcel C. Chaix (collectively, "Plaintiffs") "apply for preliminary ... injunctive relief under Penal Code section 602 and Code of Civ. Procedure section 527." (FAC at 1:21-23.) The FAC prays, in part, for a...

Excerpt: ... of Motion at 2:10-13.) The Notice of Motion further provides that the motion "is made on the ground that pursuant to Code of Civil procedure S 2018.010 et seq„ the documents sought in the subpoena is protected [sic] underthe work product doctrine." (ld. at 2:14-15.) Defendants and Cross-complainants first argue that, "[t]he winery's moton is procedurally flawed. First, the notice of motion is incorrect. It states that the motion is made pursua...

Excerpt: ... ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION ** The matter is CONTINUED to March 28, 2023 at 2:00 p.m. in Dept. B. If that time does not work for any party, they are invited to appear at the 8:30 a.m. calendar after providing notice pursuant to Local Rule 2.9 to all other parties of their intention to appear. The follow-ng Tentatve Ruling will not be addressed during the 8:30 a.m. calendar, but is provided for purposes of, and will be heard at...

Excerpt: ...barred as a matter of law, (3) the Second3 through Sixth Causes of Action for childhood sexual assault, negligence, negligent hiring, supervision, and retention, battery, and sexual battery are barred by Government Code section 815, and (4) the complaint fails to state a cause of action against DSH under the doctrine of superior because the alleged acts of its purported employees were not within the scope of their employment. As a procedural matt...

Excerpt: ...aint "was [filed] for improper purposes relating to Sarah Solorio's exercise of her Constitutional rights, including the right to speech and the 'basic right of filing litigation.' [Citation.]" (Support Memo at 2:24-27; see also Rules of Court, rule 3.1110 ["La] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"].) A. PROCEDURAL MATTERS The moving party also failed ...

Excerpt: ...hall be held no later than April 7, 2023, unless stipulated otherwise. Congdon shall produce, by the agreed-upon date of her deposition, the documents requested in the subpoena subject to her previously-asserted objections. Plaintiffs' request for sanctons is GRANTED IN PART. Congdon is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $2,060. Plain...

Excerpt: ...of Defendant Gene Webb's ("Defendant") financial circumstances for purposes of exemplary damages and to allow inquiry and testimony into two new defenses presented by Defendant for his failure to correct the slide condition: advice of counsel and reliance on consultant writings. The Court discusses the topics of discovery separately below. A. Discovery of Defendant's Financial Condition "No pretrial discovery by the plaintiff shall be permitted w...

Excerpt: ...dant and Cross-complainant Fultz moves for three distinct forms of relief. First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Ma...

Excerpt: ...Code of Civil Procedure sections 473 and 576, for "an order granting leave to amend their verified first amended cross-complaint to add causes of achon for breach of the contracts at issue in this litigation and for the purpose of adding certain real property as necessary and proper subject matter of this litigation." (Notice at 1-2.) Specifically, Cross-complainants argue that they are entitled to a judicial declaration of their interests in cer...

Excerpt: ... the grounds that Altamura is the prevailing party in the action and is entitled to fees pursuant to contract between the parties. "Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees." 2 (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...

Excerpt: ... costs. A. PROCEDURAL MATTERS 1. The Interests of Justce are Served by a Consideration of Defendant's Motion on the Merits "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court...must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case...." (Rules of Court, rule 3.1702, subd. (b)(l).) With exceptions not releva...

Excerpt: ...sponse to request numbers 7-11, 13, 16, 19-23, 25-25, and 32-33 within 15 calendar days of notice of entry of the present order. The Court further orders Defendant to comply with Code of Civil Procedure section 2031.280, subdivision (a), by serving on Plaintiffs, within 15 calendar days of entry of the present order, a spreadsheet identifying for each of documents 1-601 previously produced, "the specific request number to which the documents resp...

Excerpt: ...ment 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. Defendants La Tawla, LLC and BBJ Rentals Inc. move, "for an order to: (1) compel Plaintiff Ana Gaytan Garcia...to submit her individual PAGA claim to binding arbitrat...

Excerpt: ...table and/or comparative contribution, or partial or comparative indemnity or apportionment based on comparative negligence or comparative fault." (Notice of Motion at 1:26-2:4.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing pa...

Excerpt: ...ing 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 receive the required notice, regardless of whether or not moving party is present at t...

Excerpt: ...ory Relief (“Petition”) filed by Plaintiff and Petitioner Discovery Homes Holding, LLC (“Petitioner”). Specifically, City moves to strike the following allegations: • Paragraph 17, p. 5, at lines 26-27: “The City has made no such findings here, and by rejecting the final map, it is disapproving the Project in derogation of the HAA.” • Paragraph 27, page 7: “The Project is a residential development subject to the protections of t...