Excerpt: ...e burden of persuasion that there is no triable issue as to a material fact. (Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant meets this burden by showing that one or more elements of plaintiff's cause of action cannot be established, or that there is a complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima-facie showing of the nonexistence of any triable issue of material...

Excerpt: ... pleadings. A. Preliminary Matters Plaintiff Michael Phegley moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to "amend/file a First Amended Complaint for the sole purpose of adding a class representative." (Notice of Motion at 2:1-2.) However, there is no indication in either the Complaint or proposed amended complaint that the action is being brought on behalf of a class. Rather, it appears from the moving papers that ...

Excerpt: ...es thereto. Defendants' Request for Judicial Notice is GRANTED as to Exhibits A and C, but not for the truth of matters alleged in those exhibits, GRANTED as to Exhibit B and DENIED as to Exhibit E. 8. LEGAL ANALYSIS To adequately state a claim for pun-tive damages, a complaint must contain allegations that the defendant has guilty of oppression, fraud or malice. (Civil Ctxle S 3294, subd. (a) (Section 3294); Turman v. Turning Point of Central Ca...

Excerpt: ...However, the operative complaint is the Amended Cross-complaint filed August 16, 2022. (See, e.g., Notce of Motion at 2:5, 9.) The Cross-complaint contains no third cause of action and no cause of action for Nuisance. For these reasons, the Court existence of a prescriptive easement over property owned by Cross-Defendant the Napa Land Trust (Land Trust); and (2) the Land Trust's "conduct on [sic] making alterations to the Subject Roads...were unr...

Excerpt: ...n September 28, 2023, a Sur-Reply consistent with the following. 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, t...

Excerpt: ... truth of all matters asserted in, and the genuineness of documents attached to Plaintiff's Request for Admissions. 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 argumen...

Excerpt: ...espondents' motion is statutorily authorized. 80th sides submitted supplemental briefing. Respondents' motion for summary adjudication is not statutorily authorized. Respondents move for summary adjudication under Code of Civil Procedure section 437c. Subdivision (f)(l) lists those matters that may be summarily adjudicated. It provides: "A party may move for summary adjudication as to one or more causes of action within an action, one or more aff...

Excerpt: ... on grounds that the Complaint fails to allege facts suffic:ient to constitute a cause of achon based on DSH's immunity pursuant to Government Code section 854.8, Plaintiff's failure to file a government claim, and based on the two-year statute of limitations. (See Notce of Demurrer.) The Court finds, in the supporting memorandum, no discussion, argument, or citation to authority in support of DSH's assertion that the Court lacks jurisdiction "ov...

Excerpt: ...ling. Defendant WE HAUL, LLC moves, pursuant to Code of Civil Procedure sections 2030.290, and 2031.300, for an order compelling Plaintiff Cynthia Ison to provide responses, without objection, to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One propounded by Defendant (Subject Discovery). Defendant further moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c)...

Excerpt: ...'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 represents it did not timely receive the required n...

Excerpt: ...al abuse against Belen Costa, and for supporting an award of punitive damages against her. The motion to strike is DENIED in all other respects. Defendant Belen Costa (B. Costa) demurs to and "seek[s] to strike", pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), and 435, and 435, and California Civil Code section 3295, subdivision (e), to the second purported cause of action in the Complaint for an accounting (Account...

Excerpt: ...er, 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 Moton does not clearly set forth either the precise nature of the relief sought or the grounds therefore. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...t...

Excerpt: ...udiced."l (Notice of Motion at 2:3-6.) 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 Court may grant belated...

Excerpt: ...: Preliminary Injunction were to be filed by August 4, 2023. On August 4, 2023, Plaintiff filed a Mohon for Permanent Injunction. Through the moving papers Plaintiff uses the terms "permanent injunction" and "preliminary injunction" interchangeably without discussion, explanation, or apparent reason. While this would ordinarily create significant procedural issues, such issues are avoided here because Plaintiff's evidence, discussed below, establ...

Excerpt: ...hts, all of which relate to access to and across the property at issue, from the cause of action for nuisance based on recent improvements to the main road through the property." 2 (Notice of Motion at 2:2-8.) Through the moving papers Plaintiff, "asks the Court to order that trial in this matter be phased or separated so that the parties argue and present evidence on the access—related claims first and that they reach and try Hammond's nuisanc...

Excerpt: ...July 31, 2023, the Court (Hon. Victoria granted Plaintiff's attorneys' motion to withdraw and continued, to this date, Plaintiff's request for an extension of the 5-year statute. Through the Opposition, Defendant confirms its representation to Plaintiff that Defendant "will not raise any five-year statute issues so long as trial commences on or before September 30, 2023." (ld. at 3:9-10.) Section 583.310, et seq. govern the mandatory time within ...

Excerpt: ...ection 415.30 gcwerns the manner for service of a summons and complaint. Subdivision (d) of the statute provides that, "[i]f the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the partyto whom the summons was mailed shall be liable for reasonable expenses thereafter incurred...

Excerpt: ...rounds that Plaintiffs agreed, by contract, to arbitrate their claims against Defendant. 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 rema...

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: ...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: ...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: ...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...