Excerpt: ...reto from the Third Amended Complaint filed by Elsa Espinosa (EE TAC) and the Second Amended Complaint filed by Robert Espinosa (RE SAC) in this consolidated action.l Defendant so-moves on the grounds that "[ulnder California law, loss of consortium damages for loss of filial relations are not recoverable by a parent for the death of an adult child in a wrongful death action." (See Notice of motion at 2:9-10, emphasis omitted.) A. LEGAL ANALYSIS ...

Excerpt: ...a.m. in Dept. A. Defendant Thomas Rivers Brown moves, pursuant to Code of Civil Procedure section 1281.4, to stay further Superior Court proceedings pending arbitration and to vacate the current trial date. Defendant so moves on the grounds that: (1) the claims before this Court and those ordered to arbitration have overlapping issues; and (2) a stay would serve the interests of justice and promote judicial effciency. Where the Court orders some,...

Excerpt: ...Interrogatories nos. 15.1 and 17.1; and (3) special Interrogatories nos. 12, 14, 15, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30, 32, 33, 35, 38, 39, 41, 72, and 75. The Motion is DENIED WITHOUT PREJUDICE as to: (1) Construction Form Interrogatories no. 303.3 as to Silver Rose GP, LLC; (2) Special Interrogatories nos. 8, 36, 42, 44, 45, 47, 48, 50, 51, 53, 54, 55, 57, 59, 50, 62, 63, 65, 66, 68, 69, 71, 74, 77, 78, 80, 82, 86, 90, 92 as to Silver Rose...

Excerpt: ...ss-Defendant Vesta Pacific Development, Inc. ("Vesta Pacific") and Nos. 1-10, 12-19, 22-30, 32, 35-38, 40-42 and 44 as to Defendant Third Street Napa Development, LLC ("Third Street"); and (2) the request to compel further responses to Form Interrogatory Nos. 12.1, 16.1, and 17.1 with respect to Request for Admission No. 1 and *cial Interrogatory Nos. 1, 4, 5, 12, 13, 14, 16, 19 and 22. The motion is DENIED as to Request for Production Nos. 21, 2...

Excerpt: ... produced all responsive documents in his possession, custody, and control; (2) produce all documents in accordance with his statement of compliance; (3) serve amended verified responses to the Form and Special Interrogatories which are as complete and straightforward as the information reasonably available to the responding party permits; and (4) pay to Defendant, care of his attorney of record, sanctions in the amount of $4,680. A. Introduction...

Excerpt: ...s filed July 20, 2023, in this action. The Court finds that the motion was timely filed. "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).)l In order to recover costs, the prevailing party is required to file and serve a memorandum of costs. (Rules of Court, rule 3.1700, subd. (a).) "Any notice of motion to stri...

Excerpt: ...ND (2) SECOND, THIRD, AND THIRTEENTH AFFIRMATIVE DEFENSES TO CROSS-COMPLAINT [3] MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION OF CROSS-COMPLAINT AGA NST CROSS-DEFENDANT RLM CONSTRUCTION SERVICES, INC. [4] RENEWED MOTION OF CROSS-COMPLAINANT THIRD STREET NAPA DEVELOPMENT, LLC FOR SUMMARY ADJUDICATION AS TO FIRST, SECOND, AND THIRD CAUSES OF ACTION OF CROSS-C...

Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint." (S 438, subd. The Answer raises the affrmatve defense of failure of consideration. Plaintiff does not address the issue through the moving papers. As such, Plaintiff fails to establish that the answer does not state facts suffcient to constitute a defense to the Complaint. Moreover, it appears that Plaintiff seeks relief that is not available through a motion for judgm...

Excerpt: ...objection in response to the Foundation's Request for Production of Documents, Set One and failure to prov-de Code-compliant responses to the Foundation's Special Interrogatories Set One and Dr. White's Special Interrogatories Set One, in violation of this Court's Order granting in part Defendants' Motion to Compel Responses." (Notice of Motion at 2:6-11.) Defendants further move, pursuant to Code of Civil Procedure, sectons 2031.300, subdivision...

Excerpt: ...motion for change of venue. The Court hereinafter refers to this document as the Declaration. On September 18, 2023, Plaintiff filed a "Motion for Order Trasnfering [sic] Case to Orange County Jurisdiction based on CCP S 397 & Renewal of Motion CCPS 571.44." The caption of this document indicates a hearing date of October 11, 2023. The Court hereinafter refers to this document as the Motion. By Minute Order dated October 11, 2023, the Court conti...

Excerpt: ... of action for breach of fiduciary duty (twelfth) asserted against them through Plaintiff's Fourth Amended Complaint on grounds that, (1) the claim is barred by collateral estoppel, and (2) Defendants are immune from liability. (Notice of Motion at 1:24-2:6.) The subject claim appears to be the only one asserted by Plaintiff against these moving defendants through the Fourth Amended Complaint (FAC). Moving Defendants' Request for Judicial Notice ...

Excerpt: ...second phase) is GRANTED. Respondent's motion for a Protectve Order pursuant to Civil Code section 3295, subdivision (a) is therefore MOOT. Respondents and Defendants Deborah Jeanne Miller, trustee and a beneficiary of the Miller Family Trust (Trust), Suzanne aimee Regan, a beneficiary of the Trust, John Reagan, and David Zuckerman apply, ex parte, for: (1) a protective order pursuant to Code of Civil Procedure, section 3295, subdivision (a); and...

Excerpt: ... Defendants waived any objection to the defect by failing to raise such objection and by submitting a notice of non- opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 cal.App.3d 925, 930.) 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. Moving party is directed to immediately provide, by telephone call ...

Excerpt: ...laim of lien, as required pursuant to Civil Code section 8460. 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 party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the...

Excerpt: ...rly before the Court. A. PRELIMINARY MATTERS Defendant Tudal Winery, LLC moves, "for an Order granting its Motion to Compel Request for Production - of Documents, Set Three as filed herewith, and Request for Sanctions." (Notice of Motion at 1:25-26.) The statement is circular and of no assistance to the Court in attempting to understand the precise nature of the relief sought by the motion. "A notice of motion must state in the opening paragraph ...

Excerpt: ...dants/cross- Defendants Michael L. Holcomb and Maria C. Holcomb (collectively "Defendants") move for an order allowing the Defendants to file Amendments to their Answers to include affrmative defenses of (i) an implied easement and (ii) an equitable easement. The Court has discretionary authority to permit a party to amend any pleading upon any terms as may be just. (Code Civ. Proc., S 473, subd. (a)(l).) Plaintiffs Eugene Traverso, Jr. and Joan ...

Excerpt: ... each of Plaintiff's causes of action on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. We Is Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party moving for summary judg...

Excerpt: ...f $37,955 plus an award of costs in the amount of $777.60 against Plaintiff Charleen Wignall-Ewing on grounds that Miroglio successfully moved to strike pursuant to the cited code section and an award of fees is therefore mandatory. Defendant further seeks an award of $11,610 in fees and costs relating to the preparation and filing of the present moton and $3,825 m relating to the preparation and filing of the reply papers relating to the present...

Excerpt: ...ds that (1) Defendant's memorandum of costs is untimely, (2) not all costs sought were reasonably necessary to the conduct of the litigation, (3) expert fees have not been ordered by the Court and should not be ordered for costs incurred following Defendant's "token" Code of Civil Procedure section 998 offer, and (4) some of the costs sought are not recoverable under the law. A. Applicable Law "Except as otherwise expressly provided by statute, a...

Excerpt: ...or trial within 120 days, or at the earliest possible day thereafter. Defendant so-moves on grounds that he is 81 years of age and therefore entitled to preference as a matter of law. "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the pa...

Excerpt: ...at cause of action. A plaintiff may move for judgment on the pleadings on grounds "that the complaint states facts suffcient to constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (Code Civ. Proc. S 438, subds. (b)(l) and (c)(1)(A).) "To state a cause of achon for breach of contract, [plaintiff] must plead the contract, his performance of the contrac...

Excerpt: ...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 notice of motion fails to state the nature of the relief sought and the grounds upon which that relief is sought. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a ne...

Excerpt: ...uesting 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. Defendants Home Care Assistance, Inc., Home Care Assistance, LLC, and TheKey Management, LLC move, pursuantto Code of Civil Procedure, sections 1281 ...

Excerpt: ...e trial court and, "will not be disturbed on appeal absent a clear showing of abuse." (Branick v. Downey Savings & Loan Association 39 Cal.4th 235, 242.) However, "[i]f the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is errorto refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defe...

Excerpt: ...of the Estate of James Richard Dunathan (Estate), and in her capacity as the Trustee of the James R. Dunathan and Dianne R. Dunathan Revocable Trust (Trust), demur as follows to the Third Amended Complaint (TAC).I, 2 The TAC asserts, against each Defendant, causes of action for (First) Breach of Contract, (Second) Breach of Fiduciary Duty, (Third) Fraud/Deceit, (Fourth) Unlawful Business Practices, (Fifth) Negligent Misrepresentation, and (Sixth)...