Excerpt: ...rt is Defendants' motion to strike the punitive damages allegations in paragraphs 14, 29,43, 58 and prayer #3 of Plaintiff's Second Amended Complaint (SAC). Plaintiff opposes the motion. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or...

Excerpt: ...iff had filed a PAGA Representative Action (Case No. 21CV -0651) (the PAGA Action). Plaintiff and Defendants reached a settlement,1 which the Court preliminarily approved on November 30, 2023. At that time, the Court also approved the following class definitions: • The Agreement defines the “Class” and its members as “all current and former non - exempt employees who worked for Defendants Drake Farms as truck drivers and/or were issued...

Excerpt: ...g) granted Natwick's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on November 30, 2023. Currently on calendar is Natwick's motion for attorney's fees. Plaintiff has filed an opposition. Under section 425.16, subdivision (c), any defendant who brings a successful special motion to strike is entitled to attorney fees and costs. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [Ketchum].) The determinati...

Excerpt: ...f filed a First Amended Fraud Complaint (“FAC”). Before O'Niahll and Ferreira responded to the FAC, on October 5, 2023, the Court sustained the City and its employees' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (“SAC”). The 41 -page SAC alleges a myriad of facts, statements and thoughts that are no more intelligible t...

Excerpt: ...competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Plaintiff alleges there is a unity of interest and ownership between both Defendants, LTGB and Poswillo, such that any individuality and separateness between such Defendants has ceased, and that LTGB is the alter -ego of Defendants in that: (a) LTGB was and is a mere shell, instrumentality, and conduit through which Defendants carry on their business in said name e...

Excerpt: ...l 2019. Petitioner now seeks to amend the petition to delete the request to compel an accounting and add claims for (a) financial elder abuse claim, including relief under Probate Code section 259, 1 and (b) breach of duty to follow terms of trust. In addition, Petitioner seeks to add and delete various paragraphs for clarification. I. LEGAL STANDARD The Court may allow the amendment of any pleading at any time in the furtherance of justice, an...

Excerpt: ...y of Defendant PG&E, (5) loss of consortium, and (6) negligence against PG&E. Plaintiffs allege that on November 23, 2019, Mr. Szydlowski suffered severe injuries while operating a Niftylift TD34T boom lift, known as a bucket lift or “cherry picker,” at Defendant Casa Rio Atascadero. Plaintiffs allege that bucket lifts of the type Mr. Szydlowski used typically have an alarm system designed to alert the operator when the lift is close to elect...

Excerpt: ...8490; defects requiring the updating and/or reprogramming of the power steering control module (“PSCM”), transmission control module (“TCM”), and/or electronic brake control module (“EBCM”); defects causing shuttering; defects causing the failure and/or replacement of the torque converter; defects causing a vibration at highway speeds; defects causing a vibration upon acceleration; defects causing a hesitation upon acceleration; defec...

Excerpt: ...f December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high- performance recreational vehicle. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza -Alvar...

Excerpt: ...ication for preferential trial setting under Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defen...

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015 -CV -000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31 -page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court deni...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...ed Mathis to provide partial responses without objections by May 31, 2023, and full responses by June 30, 2023. Mathis served responses on June 30, 2023. Natali states the responses include objections. Her counsel sent a meet and confer letter on August 3, 2023. Over the next several months, Mathis' counsel represented that he was working on replying to the meet and confer letters and supplemental responses. (See Declaration of Jonas Bailey ISO M...

Excerpt: ...bjections to each of the RFPs. Natali moved to compel further responses to the RFPs, which the Court granted, ordering further responses be served by Friday, July 28, 2023. On August 4, 2023, Natali belatedly served supplemental responses. Natali contends that the supplemental responses are insufficient, and seeks evidence and issue sanctions against Mathis, as it relates to RFP Nos. 24 -33, 40, 50- 54, 58-59, 65, 78, 97- 98, 177, 181 -182, and 1...

Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...

Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...

Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...