Excerpt: ...to interrogatories.1 The Court notes that Plaintiff filed no papers in opposition to the motion. The Court is unable to determine if the notice of motion and supporting papers were properly served on Plaintiff. The Proof of Service on file indicates service was accomplished electronically. This case was filed before January 1, 2019. Therefore, electronic service is only permitted where the party has given its consent or by Court order. (See § 10...

Excerpt: ...ntional infliction of emotional distress asserted through the First Amended Complaint (FAC). By Minute Order of November 18, 2021 (Order re: Original Demurrer) the Court sustained FPI's demurrer to the same purported causes of action as asserted through the original Complaint. Plaintiff amended the pleading by adding the allegations of paragraph 49 of the FAC, which allegations are repeated in paragraphs 56 and 67. A. Sixth Cause of Action – Vi...

Excerpt: ...ounds that most of the issues of fact and law are common to both actions and many of the same witnesses will testify in both actions. Defendant 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 a...

Excerpt: ...the deadline and only three court days before the hearing. (Code Civ. Proc., § 437c, subd. (b)(2) (opposing papers must be served and filed not less than 14 days before the noticed date of the hearing).) Here, Plaintiffs submit evidence to show good cause for their delay in filing and service. (Burton Decl., ¶¶ 2‐10.) The Court elects to exercise its discretion to consider the late‐filed opposition. (California Rules of Court, rule 3.1300,...

Excerpt: ...with. 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. Defendants IA Lodging Napa Solano TRS, L.L.C., IA Lodging Napa Solano L.l.C., and Sage Client 417 LLC (collectively Mov...

Excerpt: ...ugh the California Department of Veterans Affairs (“CalVet”) is DENIED. CalVet moves, pursuant to Code of Civil Procedure section 437c, subd. (f)(1) and (2), for an order granting it summary judgment or, in the alternative, summary adjudication as to each cause of action asserted against it in (i) the second amended complaint filed by Plaintiff 7 Theodore Joseph Shushereba (“Shushereba Plaintiff”) in Case No. 19CV000391 (“Shushereba Com...

Excerpt: ...opriate, going forward. Defendant and Cross‐Complainant Fultz Construction, Inc. moves, pursuant to Code of Civil Procedure section 473 and Rules of Court, rule 3.1324, for leave to file a first amended answer to Plaintiff's First Amended Complaint to add a thirteenth affirmative defense. 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...

Excerpt: ...se of action asserted through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts therein sufficient to state a good cause of action. NVP's Request for Judicial Notice is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. A general demurrer will lie “where the complaint has included allegations that clearly disclose some defense or bar...

Excerpt: ... Request for Admission numbers 4, 5, 6, 7, 8, 13, and 14. The Court further orders RLM to respond fully and without objection to Form Interrogatory numbers 6 and 7. The motion is DENIED with respect to Request for Admission numbers 11 and 12. Defendant/Cross‐Complainant Third Street Napa Development, LLC (“Third Street”) moves for an order compelling Defendant/Cross‐Defendants RLM Construction Services, Inc. (“RLM”) and Michael Reyes ...

Excerpt: ...ted 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 Piner's Nursing Home Inc. moves, pursuant to Code of Civil Procedure section 2023.010, subd. (d)(3), for terminating sanctions against Plaintiff Maria Lopez on the grounds that Plaintiff failed to respond to written discovery and fai...

Excerpt: ...les of Court, rule 3.1702, subd. (d) provides “[f]or good cause, the trial judge may extend the time for filing a motion for attorney's fees in the absence of a stipulation or for a longer period than allowed by stipulation.” (Cal. Rules of Court, rule 3.1702, subd. (d).) The subject relief of Defendant's motion is not an extension of time to file a motion for attorney's fees, but rather to stay Plaintiff's already‐filed motion for attorney...

Excerpt: ...io”) (collectively, “Defendant Physicians”) demur, pursuant to Code of Civil Procedure section 430.10, to the first cause of action for elder abuse and neglect asserted in Plaintiff Thomas James Farnan, Jr.'s (“Plaintiff”) third amended complaint (“TAC”) on the grounds of uncertainty and failure to state a cause of action. Defendant Physicians' demurrers are OVERRULED. A. STANDARD ON DEMURRER Code of Civil Procedure section 430.10 p...

Excerpt: ...s of the California Environmental Quality Act (CEQA), directing respondent County of Napa (County) to set aside its actions adopting a Negative Declaration and approving 3 use permit No. P13‐00320‐UP (Use Permit) and exception to the County's Road and Street Standards for a winery project proposed by real parties in interest Mountain Peak Vineyards, LLC, Steven Rea, Eric Yuan, and Hua Yuan (collectively Real Parties), and located at 3265 Soda...

Excerpt: ...IED. Defendant's request for sanctions is GRANTED IN PART. A. PROCEDURAL ISSUES There is no proof of service on Plaintiff's motion in the Court's file. To the extent there were any notice defects, Defendant waived any objection to the defect(s) by failing to raise such objection and by submitting opposition papers addressing the substance of Plaintiff's motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975...

Excerpt: ... fences or gates restricting access to and across the Existing Tanks Easement3 and Private Road Easement,4 or provide Plaintiff keys, combinations, and/or codes for the existing locked fences or gates; and (ii) enjoining Defendants and their respective employees, agents, and representatives, from obstructing or unreasonably interfering with Plaintiff's use and enjoyment of the Existing Tanks Easement, the Future Tank Easement,5 and the Private Ro...

Excerpt: ...orthwith. 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 Integon National Insurance Company (“Defendant”) moves, pursuant to Code of Civil Procedure sections ...

Excerpt: ... amount of $4,310.00 no later than 10 days after notice of entry of this order. Plaintiff Victor Alam moves, pursuant to Code of Civil Procedure section 2025.450, for an order compelling Defendant Daniela Farina's deposition and for production of documents on the grounds that Ms. Farina has repeatedly failed to appear for her noticed deposition and failed to produce requested documents.1 Plaintiff further moves, pursuant to Sections 2023.030 and ...

Excerpt: ...rded as Document No. 2017‐0007969 and Document No. 2021‐0038047. The Court DENIES Chase's motion as moot. The Court DENIES Chase's request for judicial notice and Plaintiffs' Objections to Chase's evidence, given that the underlying motion is moot. In its Reply Brief filed on January 3, 2022, Chase argues that it should be awarded its attorneys' fees and costs as the prevailing party under Civil Code section 405.38. (See Civ. Code, § 405.38 ...

Excerpt: ... of March 7, 2022 for the Loeber and Golick cases and setting a conference on or about June 20, 2022 to set the Loeber and Golick cases for trial together. The motion is GRANTED. A. Procedural Issues The Loeber Plaintiffs 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 Loeber Plaintiffs are directed to immediately provide, by telephone call AND email, the missi...

Excerpt: ...vice of notice of the motion or supporting documents in the Court's file. “The court lacks jurisdiction to rule on a motion that has not been properly noticed 2 for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) However, “[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any d...

Excerpt: ...iff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. 19 Defendant's request for judicial notice is GRANTED in its entirety. Defendant's evidentiary objections (one through nine) are each GRANTED. “A demurrer tests only the legal sufficiency of the pleading...the question of plaintiff's ability to prove the allegations, or the possible difficulty in making such proof does not concern the rev...

Excerpt: ...ecialized Loan Servicing, LLC (SLS) demurs to the Second Amended Complaint (SAC) filed by Plaintiff Bruce Blankenhorn. SLS generally demurs to the SAC pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 430.50, subdivision (a) on the grounds that the allegations therein are Uncertain, ambiguous and unintelligible. SLS further demurs to each of the causes of action purportedly set forth therein on the grounds that th...

Excerpt: ...ls to allege facts sufficient to state a claim under any of the purported causes of action asserted therein.1 A. PROCEDURAL MATTERS The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rul...

Excerpt: ...ider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277; Luri v. Greenwalk (2003) 107 Cal.App.4th 1119, 1125.) A court may overlook an omission to properly notice a motion when the supporting papers make clear the grounds for the relief that is sought. (Luri, supra, 107 Cal.App.4th at 1125.) Here, there is no evidence in the Court's file that Plaintiff included a notice of motion. The Court does...

Excerpt: ...he settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interest...

Excerpt: ...ause of action asserted by Plaintiff through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts sufficient to constitute a valid cause of action. Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C and D to the RJN. Plaintiff's request for...

Excerpt: ...ute a cause of action against Defendant and (2) Defendant's answer does not state facts sufficient to constitute a defense to the complaint. (Cal. Code Civ. Proc., § 438, subd. (c).) Plaintiff's complaint alleges various types of common counts. “The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.” (Farmers Ins. E...

Excerpt: ...rty/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. Plaintiff failed to provide adequate notice of the hearing date. The Proof of Service in the Court's file ...

Excerpt: ...lk) moves the Court for an order quashing the subpoena for her deposition and staying her deposition (under Code of Civil Procedure sections 2025.410) until the Court can rule on the contemporaneously pending Motion for Protective Order to Exclude Juan M. Martinez from Depositions (Motion to Exclude). 4 A. The Court Has Jurisdiction to Hear the Motion Plaintiff argues that Plaintiff's failure to provide adequate notice of the original (November 1...

Excerpt: ...l Specialists, Inc. (BASS) to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural Background The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Plaintiff, pursuant to the terms of a written employment agreement. (See Complaint at ¶3, Cross‐Complaint at ¶1.) Plaintiff pu...

Excerpt: ...ce of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to all parties 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 r...

Excerpt: ...rmine disputes that have arisen and are likely to continue in connection with the deposition. Plaintiff also seeks orders relating to the apportionment of costs and fees associated with the continued deposition, including those of the requested referee. Finally, Plaintiff seeks, pursuant to Code of Civil Procedure sections 2023.010, et seq., and 2025.010, et seq., monetary sanctions in the amount of $4,097.50 against Defendant and his attorney of...

Excerpt: ...the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Dumican Mosey Architects, P.C. (DMA) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6 and California Rules of Court, rule 3.1382, for an order finding that the settlement entered into between DMA and non‐party Galleron Properties, LLC (“Galleron”) is made in good faith. Galleron is ...

Excerpt: ...cial notice. Plus, Defendants are offering the exhibit to establish the truth of its content, i.e., that Mr. Morris passed away in January 2021. However, a Court cannot take judicial notice of the facts contained within the exhibits. (See Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1141, fn. 6 (citing Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1064).) B. Introduction Defendants Bryant Morris, Dierdre Morris, and Bryan...

Excerpt: ... 38 Cal.3d 488 (Tech‐Bilt), for an order finding that the confidential settlement entered into between Plaintiffs and W.M. Barr is made in good faith. The amount of the proposed settlement is the central fact in the Court's analysis. “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, ...

Excerpt: ...) disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information, Plaintiff applies for a preliminary injunction (i) enjoining Defendant from using any of Plaintiff's trade secrets or items of Confidential Information; (ii) enjoining Defendant from disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information; and (iii) compelling Defendant to make her media devices to which s...

Excerpt: ...the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (Aguilar).) “‘Material facts' are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.” (Rules of Court, rule 3.1350, subd. (a)(2).) The moving party also bears ...

Excerpt: .... Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Moving Defendants concede that the deposition testimony would be admissible if they had had the right and opportunity to cross‐examine the decedent. (See Reply at 3:5‐27; see also Evid. Code, §1291, subd. (a)(2).) Through their opposition papers, Plaintiffs s...

Excerpt: ...ear to be uncontested. From in or around 2016 until March 2017, Plaintiff, as an independent contractor, provided project management services to Defendant relating to the development of a “state of the art equestrian facility and new horseback trail riding business.” (FAC at ¶ 10.) In March 2017, Defendant employed Plaintiff full‐time in the roll of equine‐manager for said business. It appears from the Complaint and memorandum filed in s...

Excerpt: ...e, § 3294, subd. (a).) Civil Code section 3294, subdivision (a), provides that “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought w...

Excerpt: ...covery is not allowed in this administrative mandamus action “absent a threshold showing by [Real Party] of a right to engage therein....” (Motion at 2:13‐16.) Importantly, this is the only grounds identified by Petitioner in its notice of motion and argued through the supporting memorandum (Support Memo). As an initial matter, the Court rejects Respondent's argument that the motion is untimely. The Court finds that the filing of the motion...

Excerpt: ...ro a “used 2017 Chevrolet Silverado 1500,” citing to Castro's complaint at paragraphs 6‐7. This is not accurate. Nor is a demurrer the time to assert purported undisputed facts. Paragraph 6 alleges a “new 2017 Chevrolet Silverado 1500” entered the stream of commerce. According to paragraphs 7 and 8, in 1 The Court construes the demurrer as being made on the ground of failure to state sufficient facts by GM's citation to Code of Civil Pr...

Excerpt: ...GRANTS the motion to compel arbitration and stay judicial proceedings. Defendant BVK Gaming, Inc. moves for an order compelling Plaintiff to arbitrate her claims against Defendant and staying the matter pending the completion of such arbitration. Defendant 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 directed to immediately provide, by telephone cal...

Excerpt: ...cipating in any deposition conducted in this action. The motion continues. “MOVANTS seek an order of protection excluding MARTINEZ from attendance or participation, in any manner—be it in person, via video/zoom/remote means, electronically or otherwise—from the deposition of any party, witness, expert, entity or otherwise. MOVANTS also seek an order that future depositions occur remotely, absent leave from the court otherwise and, furthermo...

Excerpt: ...such evidence, a “good faith” determination is an abuse of discretion. Moreover, the declaration needs to address the factors set forth in Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488, 499. The supporting declarations do not contain substantial evidence regarding the Tech‐Bilt factors. In addition, the Court understands the settlement is between various parties and Ledcor now is asking for an order determining th...

Excerpt: ...injury to person committed to a mental institution).1 I. PROCEDURAL MATTERS A. Defendants' Request for Judicial Notice Defendants' request for judicial notice filed August 5, 2021, is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. Defendants' request for judicial notice filed October 7, 2021 is GRANTED. Plaintiff's objections thereto are OVERRULED. Plaintiff's request...

Excerpt: ... The Court's September 4, 2020 stipulated order authorizing proceeding with declaratory relief is VACATED. The Court SETS the matter for continued hearing on Plaintiff's petition to compel arbitration on December 28, 2021, at 8:30 a.m. in Dept. A. Plaintiff is invited to submit, no later than December 10, 2021, a supplemental brief in support of her petition to compel arbitration, of no more than 10 pages in length, addressing any issues relevant...

Excerpt: ...1 paragraph the nature of the order being sought and the grounds for issuance of the order”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Moreover, the notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notw...

Excerpt: ...nder. Plaintiffs are granted 10 days' leave as to the sixth, eighth, ninth and tenth causes of action. The court addresses the demurrer as to each cause of action as follows: 1. First and Second Causes of Action – Based in Contract Plaintiffs expressly concede that the demurrer is proper as to the first cause of action for breach of the implied warranty of habitability and the second cause of action for breach of the covenant of quiet enjoyment...

Excerpt: ...code‐complaint initial responses and documents to form interrogatories – employment (set two), form interrogatories – general (set two), and requests for production of documents Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including issue sanction...

Excerpt: ...ating an appearance of impropriety which violates the public trust in the scrupulous administration of justice and the integrity of the bar.” (Notice of Motion at 2:3‐5.) Plaintiff further asserts that the order is necessary as GNH has “sought to gain an unfair advantage in this 9 litigation by obstructing [Plaintiff]'s access to witnesses by rushing to represent them as soon as their depositions are noticed.” (Id. at 2:9‐12.) Plaintiff...

Excerpt: ...t to state a claim under any of the purported causes of action. Specifically, Defendants argue that each cause of action asserted through Plaintiff's FAC is barred by the statute of limitations. (Support Memo at 1:8‐0.) Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C a...

Excerpt: ...n of allegations in support of the causes of action as to which the present demurrer is sustained. 3 Defendant/Respondent County of Napa (Defendant and/or County) demurs, pursuant to Code of Civil Procedure sections 430.10, 430.30, and 430.50, to the Second Amended Verified Complaint (SAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Defendant's request for judicial not...

Excerpt: ... Unemployment Insurance Appeals Board (Appeals Board and collective Respondents) to set aside their decisions in the administrative proceedings titled Ashley Boydston V. Bandera/Hillstone Restaurant Group and assigned case number 6475610 and Appeals Board number AO—207980, Decision No. 6475610. “The motion is made on the grounds that the agencies' decisions are unsupported by factual and legal findings and record evidence.” (Notice of Motio...

Excerpt: ... Procedure section 430.10, subdivisions (e) and (f) to the Second Cause of Action asserted through Plaintiff's Complaint on the grounds that the Complaint fails to allege facts sufficient to support the cause of action for breach of fiduciary duty and further that the cause of action is uncertain. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to ...

Excerpt: ...es no mention of the trust or the trustmanager as a contracting party. According to Erik, this means he was misjoined as an improper party. Erik fails to account for the allegations in the pleading and instead relies entirely on the agreement attached as Exhibit 1. Plaintiff Blue Bay Ventures, LLC alleges in its amended complaint that it “was under contract with Defendants to purchase the real property commonly known as 1527 Juanita, Napa, CA 9...

Excerpt: ...erved initial responses that are in substantial compliance with Code of Civil Procedure sections 2030.210, 2030.220, 2030.230, 2030.240, 2033.210, 2033.220, and 2033.230, and plaintiffs' failure to serve timely responses was the result of mistake and inadvertence. (Code Civ. Proc., §§ 2030.290, subd. (a), 2033.280, subd. (a).) Plaintiffs' counsel made a calendaring mistake as to when to serve the discovery responses. Although the Court understa...

Excerpt: ...EFENDANT W.M. BARR & COMPANY, INC.'S MOTION TO SEAL SETTLEMENT AMOUNT TENTATIVE RULING: The motion to seal is DENIED. Defendant W.M. Barr & Company, Inc. moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the settlement amount between Plaintiffs and W.M. Barr identified in the Declaration of Lauren O. Miller in support of W.M. Barr's Motion for Determination of Good Faith Settlement filed on September 13, 2021. The mot...

Excerpt: ... harass and burden defendant. The Court agrees. This action involves a single vehicle that had only two repairs performed while plaintiff owned it under warranty. Although very broad, the right to discovery is not absolute. One of the important things for the Court to consider is whether the information sought is “relevant to the subject matter” and either itself admissible or “reasonably calculated to lead to the discovery of admissible ev...

Excerpt: ...t to Code of Civil Procedure section 430.10, subdivision (e), to the first cause of action purportedly asserted against NVP through Plaintiff's First Amended Complaint (FAC) on the grounds that the FAC fails to allege facts sufficient to state a cause of action. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forth...

Excerpt: ...ora defendants) interfered with BVK's rights pursuant to a 2007 asset purchase agreement entered into between BVK and defendant Timothy J. Long for the purchase of a cardroom by entering into another agreement for the purchase of the cardroom with Long and for having Blonien send a letter to the Bureau of Gambling Control to request that it cease its review of the first purchase agreement between BVK and Long. As a result of these allegations, th...

Excerpt: ...y estoppel (paragraphs 40‐46); fifth/sixth cause of action for negligent misrepresentations (paragraphs 51‐55); and seventh cause of action for violations of California Civil Code section 2924.17 (paragraphs 79‐90). 1 The motion is made on the grounds that the FAC is not verified and that the subject matters are improper. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems ...

Excerpt: ...in this action. The factors to be taken into account in the determination of whether a settlement is in “good faith” include, but are not limited to: a rough approximation of plaintiff's total recovery 2 and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (See Tech‐B...

Excerpt: ... that the same is a binding and enforceable agreement requiring the parties to arbitrate all of the claims asserted in this action. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) 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...

Excerpt: ...UDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION TENTATIVE RULING: The motions are DENIED. In their notices of motion, defendants Rafael Lupercio, M.D., Sriram Sambasivan, M.D., Bruce Bartlow, M.D., and Shasta Critical Care Specialists Medical Clinic, Inc. move for “summary judgment on the grounds that Plaintiff cannot establish any triable issue of material fact, and that plaintiff [sic] causes of action for (1) elder abuse and (2) wrongfu...

Excerpt: ...hat it is unclear which agreement BVK seeks to compel to arbitration. (Opp. at p. 1 n.1.) It does not appear BVK directly responded to this issue in its reply. The Court expresses the same uncertainty. On one hand, it appears the 2013 agreement is at issue because BVK cited extensively to Exhibit A in its memorandum of points and authorities, albeit with one reference in a footnote (with no explanation as to its relevance), that Mean “signed th...

Excerpt: ...s December 4, 2020 order for distribution of personal property was not sufficiently clear to allow for a tidy resolution of all concerns 3 regarding the personal property in the trust that was contemplated to be divided roughly in an equal manner between the three beneficiaries. It has become further apparent that Plaintiff Duncan Miller (“Duncan”) was not fully able to comply with the December 4, 2020 order due to physical and financial defi...

Excerpt: ...overnment Code section 815.2, which imposes upon public entities vicarious liability for the tortious acts or omissions of their employees. Plaintiff also brings the claim under Government Code section 820, which delineates the liability of public employees. However, “public entity liability for property defects is not governed by the general rule of vicarious liability provided in section 815.2, but instead by the specific provisions set forth...

Excerpt: ...this litigation and defendants are entitled to gauge her credibility in person. Plaintiff's concern that she may contract COVID‐19, after electing not to be vaccinated, as a reason for not wanting to appear for her in‐person deposition appears to not be well‐taken, as the 3 evidence presented with the reply indicates plaintiff has no qualms about travelling around New York City with limited, to no preventative measures being taken. The evid...

Excerpt: ...can be reached that would resolve the objections to be raised in the demurrer.” The parties have not met this requirement. The Culligan declaration, filed at the same time as the demurrer, indicates defendant's attorney sent a letter on June 2, 2020 – over a year before filing the demurrer – explaining why it was an error to include the trust as a party to this lawsuit. (Culligan Decl., ¶ 2.) Thereafter, a second declaration was filed stat...

Excerpt: ...s sufficient to support its claims. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed tha...

Excerpt: ...not, then the court will make orders for that to occur and the new master list to be circulated. If so, the court will address the reconciliation of the various personal property lists as a master list. 3 Once the foregoing “master list” issue is resolved, the court intends to adopt the following ruling: The petition for instructions is GRANTED, in part, to provide an amended order for the finalization of the distribution of the personal prop...

Excerpt: ...dingly, of limited scope, generally dealing only with the issue of right to possession and not other claims between the parties, even if related to the property.” (Larson v. City & Cnty. of San Francisco (2011) 192 Cal.App.4th 1263, 1297.) This is not an ordinary landlord‐tenant dispute. But it is a straightforward contract interpretation case involving a force majeure (FM) provision. For all the reasons discussed below, the court concludes W...

Excerpt: ...t the Subject Regulation “was promulgated arbitrarily and capriciously, without proper consideration of alternatives, without consultation with residents of the [Veterans] Home, and without following the statutory procedure.” (See FAVP at ¶ 2.) Respondents' request for judicial notice is GRANTED. B. FACTUAL AND PROCEDURAL BACKGROUND The Federal Assisted Suicide Funding Restriction Act of 1997 (FASFRA) bars federal funds from being used “to...

Excerpt: ...able probability that they will prevail in their claims against Defendants. If Plaintiffs fail to do so, the stay of the action will remain in effect until, at least, November 8, 2021. Therefore, the hearings on Plaintiffs' Motion to Set Aside Order to Expunge Lis Pendens, and on Plaintiffs' Motion to Vacate Dismissal of Causes of Action with Prejudice are both CONTINUED to December 8, 2021, at 8:30 a.m. in Dept. A. 3 A. PROCEDURAL MATTERS Defend...

Excerpt: ...0, 2021, because the Court learned from defendants' counsel that their separate statement in opposition to the motion was not in the court's case management system, even though it had been served on plaintiff. Per the Court's (Hon. Wood) instruction, JNS filed the document to correct the issue and additionally filed a declaration, which apparently was also missing. The Court further ordered the parties to meet and confer to see if a compromise co...

Excerpt: ... to, and to produce all non‐privileged documents in Defendants' possession, custody or control that are described in Merryvale's Request for Production of Documents, Set Six. A civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action ... if the matter either is itself admissible in evidence or appears reasonably c...

Excerpt: ...ause exists 4 because of Ms. Moize's refusal to answer certain questions and to produce certain documents during her original deposition It is beyond question that persons have a significant interest in maintaining the confidentiality of private communications with their attorneys. Such information is only “within the attorney‐client privilege,” however, if it satisfies the statutory requirements set out in Evidence Code section 950, et seq...

Excerpt: ...the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Auberge Resorts, LLC (Auberge) demurs, ...

Excerpt: ...ord Hanna v. Little League Baseball, Inc. (2020) 53 Cal.App.5th 871.) On September 13, 2021, Plaintiff filed a motion pursuant to California Code of Civil Procedure section 391.1 in the related case number 19CV000046. Plaintiff presents no authority suggesting that the pendency of the motion in that case stays the proceedings in this case. Neither authority cited supports the proposition. There is no proof of service of the motion or related pape...

Excerpt: ...ion are SUSTAINED/GRANTED, respectively, with leave to amend retroactively granted, such that the second amended complaint shall stand as the current operative pleading. The Court notes plaintiff did not follow proper procedure, since only a first amended complaint may be filed without leave of court. (See Code Civ. Proc., § 472; see also Hedwall v. PCMV, LLC (2018) 22 Cal.App.5th 564, 575 (“Under section 472, the right to amend a cross‐ com...

Excerpt: ...d 2.551, for an order sealing the redacted portions of the following documents: 1. Plaintiffs' Response to Defendant's Second Supplemental Opposition to Plaintiffs' Motion to Disqualify Robert Crockett and Crockett Associates as Counsel for Defendant (Subject Response); 2. Declaration of Brett Lay in Support of Plaintiffs' Motion to Disqualify (Subject Lay Declaration); 3. Exhibits and attached to the Declaration of Jonathan M. Jenkins in Opposit...

Excerpt: ... the Dickens declaration (¶ 5 at p. 2:1‐3 and Ex. D) and Dr. Whitfield's four evidentiary objections to the Shuman declaration and three evidentiary objections to the Pregerson declaration are OVERRULED as not code‐ compliant. (See Cal. Rules of Court, rule 3.1354(c) [“A party submitting written objections to 2 evidence must submit with the objections a proposed order.”].) Moreover, the Court has not considered the Dickens reply declarat...

Excerpt: ...against defendants are uncertain, ambiguous and/or unintelligible.”4 (See Demurrer at 3:26‐28, 4:3‐6, and 4:12‐15.) The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, t...

Excerpt: ...required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. A. Petitioner Carries Her Burden of Showing the Existence of a Written Agreement to Arbi...

Excerpt: ...m as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Terlato's request for judicial notice is GRANTED. The Court takes judicial notice o...

Excerpt: ...ey of record, monetary sanctions in the amount of $1,460 within 10 days of notice of entry of the present order. Plaintiff On Deck Capital, Inc. moves, pursuant to Code of Civil Procedure section 2033.280 for an order deeming admitted and conclusively established the truth of all matters specified in Plaintiff's Request for Admissions, Set One, on the grounds that the party to whom the requests were directed, failed to serve timely verified respo...

Excerpt: ...nts between P&J and Jarhett Blonien from October 12, 2017, through October 10, 2018. P&J objected on the grounds of attorney‐client privilege and attorney‐work product doctrine. It is unclear how many documents are at issue as well as how the privileges apply considering the various parties involved and the potential privileges between them. A privilege log providing a description of the documents at issue will better permit a judicial evalua...

Excerpt: ...uest for monetary sanctions for bringing its motion is DENIED. Lopez did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2030.290, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023.030, subdivision (a), states the Court may impose monetary sanc...

Excerpt: ...nds in its notice of intention to move for a new trial, plaintiff has not developed an argument on these grounds. Plaintiff's motion for a new trial on the ground of accident or surprise, which ordinary prudence could not have guarded against pursuant to Code of Civil Procedure section 657(3) is DENIED. Despite initially raising this ground in its notice of intention to move for a new trial, plaintiff has not developed an argument on this ground....

Excerpt: ...verified code‐compliant further responses, without objections other than those made based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. (Korea Data Systems Co. v. Super. Ct. (1997) 51 Cal.App.4th 1513, 1516.) JNS and Grant shall provide a privilege log for any documents withheld under the attorney‐client privilege or attorney work product doctrine. (...

Excerpt: ...cts, serve judicial economy, and protect against double recovery by Plaintiff. Defendants request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters of the request, but not for the truth of the matters asserted therein. 11 It appears to the Court that there are questions of fact that are not only at issue in both this action and the determination of the validity of the Sixth Amendment in the 1035 Action, but ar...

Excerpt: ...eventh cause of action for aiding and abetting on the ground defendants did not cause the damage Simpson complains of in her complaint, and eighth cause of action for quiet title on the ground defendants have quit claimed the implied easement and are instead operating by virtue of the 1910 easement. Simpson opposes. A. Standing/Real Party In Interest On July 23, 2021, the Court continued the matter after defendants' reply raised for the first tim...

Excerpt: ...rt's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Plaintiff Donald Veverka moves the Court for an order striking Defendant's Memorandum of Costs in its entirety on the grounds that an employer is not entitled to costs where a jury finds that the Plaintiff employee engaged in protect...

Excerpt: ...ed the RFA. Long, however, then failed to provide any explanation as to why he made the denial in his response to form interrogatory number 17.1. RFA number 131 asked Long to admit that in 2015, he believed he would be a 100% owner of Polvora, Inc. and that if the Bureau of Gambling Control approved him for licensure, then he would relinquish 80% ownership of Polvora, Inc. to Michael LeBlanc and Gabriel Pattee. Long denied the RFA. Long then prov...

Excerpt: ... offsets the judgment against Respondent. Respondent's Request for Judicial Notice (RJN) is GRANTED. The Court takes judicial notice of Exhibits 2 and 9. The Court also takes judicial notice of Exhibits 1, 3‐8, and 10, but not for the truth of the matters asserted therein. The following facts appear to be uncontroverted. In 2006, Respondent purchased certain real property known as 12 Pascale Place, Napa, California. (Property.) During the trans...

Excerpt: ... is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in 14 addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought where the gravamen of the complaint is that the “[d]efendant became intoxicated and the...

Excerpt: ...gnals Remain Insufficient to Establish the Existence of Dangerous Condition; 3. No Reasonable Trier of Fact Could Conclude that Plaintiff Exercised Due Care in Attempting to Use the Property in the Manner Alleged; 4. Any Danger Inherent in Crossing Soscol Avenue at the Incident Location was Open and Obvious and Plaintiff has again Failed to Allege Necessity as Matter of Law; 5. Any Danger Was Open and Obvious; and 6. Plaintiff Has Not Established...

Excerpt: ... Chadbourne.” (Notice of Motion at 1:20‐22.) There is no proof of service of the motion or related papers on Plaintiff. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204‐05.) Plaintiff waives the defect, however, by filing a substantive opposition. “It is well settled that the appearance o...

Excerpt: ...roup, Inc. (HBCG) move the Court for an order granting the moving parties leave to join United States Fire Insurance Company (US Fire) as a party to the arbitration proceedings titled Barbara L. Meyer v. Robert D. Massaro, et al., pending before the American Arbitration Association as case number 01‐20‐0004‐9809 (9809 Arbitration). Alternatively, the parties move, pursuant to Code of Civil Procedure section 1281.2, for an order terminating ...