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: ...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...