Bank of America N.A. v. Jason A Espadilla

CIVIL LAW & MOTION CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Bank of America N.A. v. Jason A Espadilla 25CV000755

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT UNDER TERMS OF STIPULATED SETTLEMENT

TENTATIVE RULING: The motion is GRANTED.

The moving party fails to include, in the notice of this motion, the current version of the Tentative Ruling notice required by Local Rule 2.9, effective 1/1/26. The current version allows a party or counsel to request a hearing by calling the Court or emailing the Court, at JudicialReception2@napa.courts.ca.gov and providing specified information set out in Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the current Tentative Ruling notice explicitly required by Local Rule 2.9 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 the hearing.

Plaintiff Bank of America, N.A., (“Plaintiff”) moves, pursuant to the California Rules of Court 3.1304(c) and Ensher v. Ensher (1964) Cal.App.2d 318, for an order to vacate the dismissal and for entry of judgment under terms of the stipulated settlement of this case.

Good cause appearing, and no opposition having been filed, the Motion is GRANTED.

Brandon Roth v. Karma Lounge, LLC et al 25CV000801

DEFENDANT RAM GIRI’S DEMURRER TO PLAINTIFF’S COMPLAINT

TENTATIVE RULING: The demurrer is SUSTAINED. Plaintiff is granted 10 calendar days’ leave, from Notice of Entry of Order, to amend the Complaint to state good causes of action against Defendant Ram Giri for negligence and negligence in hiring and supervision. Mr. Giri is to serve and file proof of service of Notice of Entry of Order.

A. PRELIMINARY MATTERS

Defendant Ram Giri demurs, pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), to the fourth and fifth causes of action asserted by Plaintiff Brandon Roth through the Complaint filed in this action on grounds that the Complaint fails to allege facts sufficient to state either claim and on further grounds that each claim is uncertain as pled.

Pursuant to the allegations of the Complaint, on June 3, 2023, Plaintiff was a patron at the “Subject Premises,” and was injured when he was physically assaulted by one “JOHN DOE,”

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