Excerpt: ...�Defendants”). 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. Moving party is 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 con...

Excerpt: ...cient to state any of those causes of action; and 2) “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the SAC and incorporated therein by reference.” (See Demurrer at pp. 1‐2.) This demurrer comes on after respective Orders sustaining Defendant's previous demurrers to the original Complaint and First Amended Complaint (FAC), each with leave to amend. A co...

Excerpt: ...f Appeal. Each party is granted leave to serve and file, no later than February 8, 2023, supplemental replies, of no more than 4 pages, responding to any matters raised by the other party's supplemental brief. Defendants Sheila Loewenstern and Norman Loewenstern demurrer to the first, second, and third causes of action asserted by Plaintiff through the verified complaint (Complaint) on a variety of grounds. On January 91, 2023, Defendants filed a...

Excerpt: ... Moving party, Defendant California Department of State Hospitals (Defendant or DSH), failed to include in the notice of motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. DSH 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...

Excerpt: ...FAC.) The Court is unable to determine from the moving papers the grounds on which CSAA contends that it is entitled to summary judgment / adjudication. “[T]he notice of a motion, other than for a new trial, must state...the grounds upon which it will be made.” (See Code Civ. Proc. §1010. “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Rules of Cour...

Excerpt: ...t Finnuala Hanifan (“Finnuala”) moves, pursuant to Code of Civil Procedure section 2032.650, subdivision (c), for monetary sanctions in the amount of $2,500 and an evidentiary sanction to exclude Defendants' IME expert, Dr. David Masur, from testifying at trial for failing to produce his report and tests pursuant to the Court's December 12, 2022 order. “If a party then fails to obey an order compelling delivery of medical reports, the court...

Excerpt: ...ive damages” from the caption on page 1 and in paragraphs 10(f), 11(g) and 14(a)(2) on page 3; 2. “Accordingly, defendant Wright acted with malice and conscious disregard for the safety of others. Defendant's conduct warrants an award of punitive or exemplary damages” from paragraph EX‐2 on page 5; and 3. “The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10” from paragraph EX‐3 ...

Excerpt: ...r an order to continue the trial date from March 2023 to June 2023. The motion is made on the grounds that Defendant Gene Webb's (“Defendant”) dispositive motion is untimely, Plaintiffs need to conduct discovery after the hearing date for the dispositive motion, and the current trial date takes place during the height of the Napa rainy season, so all damages and conditions may not be known at the time of a March trial. “A party seeking a co...

Excerpt: ...k of New York Mellon FKA the Bank of New York, as Trustee for the Certificateholders of the CWMBS Inc., CHL Mortgage Pass‐Through Trust 2005‐9, Mortgage Pass Through Certificate series 2005‐9 (“BNY Mellon”) (collectively, “Movants”) demur, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the two causes of action asserted in Plaintiff Christopher Bearman's (“Plaintiff”) Second Amended Complaint (“SAC”) ...

Excerpt: ...duce, no later than January 31, 2023, for further deposition witnesses Elizabeth Cummings, Daryl Farnsworth, Robert Skinner, and Branson Gubler to answer those questions that are either (a) the subject of the present motion, or (b) follow up questions pertaining thereto and/or to the answers provided by the witnesses thereto. Defendant is ordered to pay monetary sanctions in the amount of $7,200, of which attorney Kurt Harris is ordered jointly�...

Excerpt: ...her provides that a “new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” Plaintiff Lewis contends the jury's $...

Excerpt: ...ianni (collectively, “Defendants”) move for summary judgment in their favor and against plaintiff Savannah Ritter (“Plaintiff”) on the grounds that (1) Defendants did not own or control the tree or sidewalk adjacent to the property where Plaintiff was injured and had no duty to third persons for injuries occurring on the sidewalk, (2) Defendants did not cause or create any condition of the tree that caused it to fall, allegedly injuring P...

Excerpt: ...n (“Plaintiff”) cannot (1) establish the necessary elements for liability under Government Code section 835, and (2) maintain a negligence cause of action against the City, as 2 the Government Code section 835 is the exclusive means by which Plaintiff may pursue her claim against the City. As a preliminary matter, Plaintiff's First Amended Complaint (“FAC”) asserts three unlabeled causes of action, only one of which is against the City. W...

Excerpt: ...n grounds that it arises from Defendants' protected activities in connection with a public issue and lacks merit because it is based on activities that are immune from liability pursuant to the litigation privilege. Defendants move, in the alternative, for an order striking specific language in the fourth cause of action on the same grounds. Defendants also seek an award of costs and attorneys' fees incurred in bringing the motion. “The special...

Excerpt: ...uirements including those set forth in Code of Civil Procedure sections 2031.210, et seq. Defendant is further ordered to produce all responsive documents in his possession, custody, or control, no later than 30 days from notice of entry of the present order. Finally, Defendant and his counsel of record are ordered to pay to Plaintiffs care of their attorney of record in this action, within 15 days of notice of entry of the present order, monetar...

Excerpt: ...0217(g) and 20250(k), for an order requiring compliance with six administrative subpoenas (five subpoenas ad testificandum and one subpoenas duces tecum) dated July 28, 2022 served on Respondent St. Supery, Inc. dba St. Supery Vineyards & Winery (“Respondent”). I. LEGAL STANDARD “In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry [by the ALRB...

Excerpt: ...uments Nos. 6 and 7, and Request for Admission Nos. 6‐19. Defendant shall serve code‐compliant supplemental responses, without objection, within 10 calendar days of notice of entry of the present order. Plaintiff's request for monetary sanctions is GRANTED IN PART. Defendant We Care Pest Solutions, Inc. and its counsel of record are ordered to pay, within 10 calendar days of notice of entry of the present order, monetary sanctions in the amou...

Excerpt: ...ivil Procedure section 437c, subdivisions (a)‐(e), for summary judgment, or in the alternative summary adjudication, on the two causes of action they assert against Cross‐Defendants Gerald L. Nunn and Judith Nunn (collectively, “Nunns”) in Wenyons' Cross‐Complaint filed on November 16, 2021 (“Cross‐Complaint”)—the first cause of action for quiet title and the second cause of action for declaratory relief. The motion is brought o...

Excerpt: ... granting them reasonable attorneys' fees and costs of $6,481.50 in connection with the order granting their motion to expunge. II. LEGAL STANDARD “The court shall direct that the party prevailing on any motion [to expunge] be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorne...

Excerpt: ...y shall request oral argument pursuant to Local Rule 2.9 and provide an explanation. I. PROCEDURAL MATTERS Defendants Hoopes Family Winery Partners, LP, Hoopes Vineyard LLC, and Lindsay Blair Hoopes (“Hoopes” or “Defendants”) move, pursuant to Code of Civil Procedure sections 435 and 436, to strike certain portions of the Complaint filed by Plaintiffs Napa County and the 32 People of the State of California ex rel. Thomas Zeleny, as Inter...

Excerpt: ...dure section 1005 or Rules of Court, rule 3.1300, subd. (a). “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing” with additional time depending on the method of service. (Code Civ. Proc., § 1005, subd. (b).) • There is no proof of service of the instant motion on the opposing parties in the court file, in violation of Rules of Court, rule 3.1300, subdivision (c). “Proof of service of t...

Excerpt: ...judgment/adjudication deadline. The Club moves on the grounds that Mr. Voronin has repeatedly impeded the Club's ability to take his deposition without substantial justification, has not provided any available dates for deposition, and has otherwise kept the Club in the dark about when dates will be forthcoming. “If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410,...

Excerpt: ...AGA Claims from her “representative” PAGA claims and dismissing the latter is DENIED. Plaintiff is ordered to arbitrate her PAGA claims. Finally, the Court concludes that whether or not Plaintiff waived her right to bring class‐action claims is an issue properly left for the arbitrator to decide. Defendant Ole Health moves, pursuant to the Federal and California Arbitration Acts for an order compelling Plaintiff Angelica Infante to submit h...

Excerpt: ...ction (Oct. 11 Minute Order). “When an application for an order has been made to a judge, or to a court, and refused in whole or in part...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the pri...

Excerpt: ...torney to pay a monetary sanction to Petitioner in the amount of $1,404. Code of Civil Procedure section 2030.290 governs the effect of a party's failure to serve a timely response to interrogatories. Petitioner submits evidence demonstrating that, on September 30, 2022, Respondent served a response to Petitioner's interrogatories propounded on August 31, 2022. (Declaration of Steven H. Kuhn (“Kuhn Decl.”), ¶¶ 2‐3, Exhs. 1‐2.) Although ...

Excerpt: ...rein. 2 Defendants 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. Defendants are 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 continuan...

Excerpt: ...he constitutional right of freedom of speech and petition for the redress of grievances” and “Plaintiffs' claims lack merit.” Defendants further move for attorneys' fees pursuant to Code of Civil Procedure section 425.16, subdivision (c). 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. Moving party is directed to immediately provide, by telep...

Excerpt: ...orrectly named as Wyndham Hotel Group, LLC, John Miller, John Evans, Tim Wall, and Silverado Resort Services Group, LLC (collectively, “Defendants”) moves, pursuant to Code of Civil Procedure sections 2032.020, 2032.310, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). This matter originally came on for hearing on November 30, 2022 at 8:30 a.m. in Dept. B. ...

Excerpt: ...RANTED. The Case Management Conference on December 15, 2022 at 8:30 a.m. in Dept. A shall remain on calendar. Plaintiff is directed to provide notice of this order to the parties. Plaintiff Two Jinn, Inc. dba Aladdin Bail Bonds (“Plaintiff”) moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c), 2023.010, subdivisions (a), (d) and (g), and 2023.030, subdivisions (a) and (b), for an order striking the answer of Defendan...

Excerpt: ... and its counsel of record are ordered to pay monetary sanctions to Plaintiff, care of her counsel of record, in the amount of $3,460, within 10 days of notice of entry of the present order. Plaintiff's request for issue sanctions is DENIED WITHOUT PREJUDICE. Plaintiff Martha Martinez moves, pursuant to Code of Civil Procedure section 2031.310 for an order compelling Defendant Rancho Gordo, Inc. (Rancho Gordo) to serve further responses to Plaint...

Excerpt: ...hird Partial Final Award (“TFA”) all concerning the valuation of KGF's interest in Hundred Acre Wine Estate, LLC (“HAWE”) for the purpose of sale to the majority owner of HAWE. The grounds for the petition are that the arbitrator (1) declined to decide and refused KGF's requests for discovery from Respondents Jayson Woodbridge (“Woodbridge”) and Jane Doe Woodbridge and their marital community, the Hundred Acre Wine Group, Inc, One Tru...

Excerpt: ...‐Intervention T&M Agriculture Services LLC, administered by Preferred Employers Insurance Company (“T&M”) moves, pursuant to Code of Civil Procedure section 387, subdivision (b), and Labor Code sections 3850 et seq., for an order permitting intervention. The grounds for the motion are that T&M will be unduly burdened if it is not allowed to intervene and recover costs that it has expended in paying workers' compensation benefits to Plaintif...

Excerpt: ...rein. Defendants 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. Defendants are 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...

Excerpt: ...s profits and financial condition. 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. Moving party attempted to provide a late notice of the Court's tentative ruling system by filing an Amended Notice which was not filed until November 28, 2022. Thus, moving party is directed to immediately provide, by telephone call AND email, the notice to opposing ...

Excerpt: ...e demurrer is brought on the grounds that Plaintiff's eighth cause of action for breach of fiduciary duty fails to state facts sufficient to constitute a cause of action against the Broker Defendants pursuant to Code of Civil Procedure section 430.10, subdivision (e). The parties are reminded of Napa Superior Court Local Rule 3.3 which requires a courtesy copy of any e‐filed document exceeding 15 pages (including exhibits) to be provided to Cou...

Excerpt: ...ants”) move, pursuant to Code of Civil Procedure section 437c, for summary judgment against Plaintiffs Gerald Hanifan, an individual (“Gerald”); Jennifer Hanifan, an individual (“Jennifer”); Gerald Hanifan and Jennifer Hanifan, as successors in interest to Michaella Hanifan (“Michaella”); and Finnuala Hanifan (“Finnuala”) (collectively, “Plaintiffs”). The Corporate Defendants and Individual Defendants are collectively referr...

Excerpt: ...misrepresentation of facts by Plaintiffs in the application process would entitle CSAA to summary judgment or summary adjudication on grounds raised through its eleventh, twelfth, and/or fourteenth affirmative defenses. Plaintiffs are granted leave to serve and file, no later than December 20, 2022, a supplemental opposition limited to the same issues and the same length. CSAA is granted leave to serve and file, no later than December 30, 2022, a...

Excerpt: ... through third, and fifth through tenth causes of action on the grounds that there is no triable issue of material fact as to any of the claims and as a result, Rancho is entitled to summary adjudication as a matter of law. 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 party is therefore directed to immediately provide, by telephone ca...

Excerpt: ...s 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. Defendants are 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, ma...

Excerpt: ...10, and 2031.320, to compel Plaintiff/Cross‐Defendant Finnuala Hanifan (“Finnuala”) to an Independent Mental Examination (“IME”). The grounds for the motion are that “Ms. Hanifan has placed her mental condition ‘in controversy' and good cause exists to compel a neuropsychological examination of Ms. Hanifan. A condition ‘in controversy' means the specific injury that is the subject matter of the litigation. (See Roberts v. Superior...

Excerpt: ...arty/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. Defendant M&B Bruno Family, L.P. (Bruno) moves for an order “(i) setting aside the Judgment mistakenly ...

Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...

Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...

Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...

Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. 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....

Excerpt: ...he 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 Walmart, Inc. (Walmart) moves for an order compelling non‐party witness Pacific Rehabilitation & Sports Radiology Department (Pacific Rehabilitation) “to produce documents listed in the subpoena which is in...

Excerpt: ...e‐trial statutory deadlines shall flow from the continued TMC date. The Mandatory Settlement Conference shall remain on calendar for March 2, 2023 at 8:30 a.m. in Dept. MSC. If any of the parties are unavailable on the trial date set above, the parties shall meet and confer on an alternative date consistent with this tentative ruling, and either submit a stipulation to inform the Court of the agreed‐upon trial date or put the matter on for a ...

Excerpt: ...or an order cleaving Plaintiff's “individual” PAGA Claims from her “representative” PAGA claims and dismissing the latter; and order Plaintiff to arbitrate her PAGA claims. However, the hearing is CONTINUED to December 15, 2022, at 8:30 a.m. in Dept. A to permit the parties to brief issues relating to Defendant's request to dismiss Plaintiff's class claims, as discussed below. Defendant Ole Health moves, pursuant to the Federal and Califo...

Excerpt: ...2018, she was a partner at Coombs & Dunlap, LLP. She worked in a different area of law than Mr. Malcolm Mackenzie and has no firsthand knowledge of the subject matter set forth in his declaration. She can be fair and impartial in this matter. TENTATIVE RULING: The motions are DENIED. I. PROCEDURAL MATTERS Respondent Frank J. Ballentine (“Frank”), individually, as successor trustee and beneficiary under The William V. Ballentine and Betty P. B...

Excerpt: ...ient to state a claim against these moving defendants under Labor Code section 1102.5 (Section 1102.5). A motion for judgment on the pleadings may be made on the ground that the complaint fails to state facts sufficient to constitute a legally cognizable claim. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Sofias v. Bank of America (1985) 172 Cal. App. 3d 583, 586.) Individual Defendants argue that Section 1102.5 does not provide for liability o...