Excerpt: ...ion (State Lands) and the California Coastal Commission (the Commission) as the respondents. The dispute centers around three offshore wind leases issued by the Bureau of Ocean Energy Management (BOEM) to Atlas Wind, LLC also known as Equinor (Atlas Wind), Golden State Wind, LLC also known as Central Coast Offshore Wind, LLC (Golden State), and Even Keel Wind, LLC also known as Invenergy California Offshore LLC (Invenergy; collectively, the Lesse...

Excerpt: ...ort the required elements of oppression, fraud, or malice. A complaint is subject to a motion to strike if it fails to allege facts supporting punitive damages. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) The complaint must allege the elements as stated in Civil Code section 3294 and include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious to support a claim for punitive damag...

Excerpt: ...n (Gordon) and Orchard City RV, LLC's (Orchard City) demurrer to Plaintiff's Third Amended Complaint (TAC). Mitsubishi Fuso Truck and Bus Corporation (Mitsubishi) also specially appears and moves pursuant to Code of Civil Procedure section 418.10 for an order quashing service for lack of personal jurisdiction. Plaintiff's ThirdAmended Complaint alleges that Jutila was driving a Mitsubishi Fuso FE160 truck at the time of her accident. (TAC, ¶ 3.)...

Excerpt: ...ok advantage of Sylvia June Asavis during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposited ...

Excerpt: ...tiff was approximately seven to eight years old. (First Amended Complaint [FAC], ¶ 1.) Plaintiff alleges that Mr. Ilger, now deceased, was convicted in 1988 of molesting underage children in his classroom, and was sentenced to eight years in prison. (Id. at ¶¶ 12, 24.) Plaintiff further alleges that Mr. Ilger was arrested against in 2002 for failing to register as a sex offender and sentenced to 32 months in prison. (Id. at ¶ 24.) Plaintiff's...

Excerpt: ...urt are papers John's filed demurring to the unjust enrichment cause of action on the ground that it is not a cause of action and seeking to strike the cross -complaint on the ground that Baker did not obtain leave of court to file it. There are irregularities in the moving papers, however, Baker had sufficient time to file substantive oppositions to the motions. The Court will consider the motions on the merits. 1. Demurrer Johns argues that ...

Excerpt: ...(Tri -Counties), Louis Carnesale (Louis) 1 , John Carnesale (John), and the City of Atascadero (the City). 10850, Tri Counties and John Carnesale demurred to the FAC, and that demurrer was partially sustained with leave to amend. On December 21, 2023, Plaintiff filed her Second Amended Complaint (SAC), which alleges causes of action for 1) negligence [against all defendants other than the City]; 2) nuisance and trespass [against all defendants o...

Excerpt: ..., 2024, def endants Rockport Administrative Services, LLC (Rockport), Boardwalk West Financial Services, LLC (Boardwalk) and Shlomo Rechnitz (collectively Managing Defendants) represented by Gordon Rees Scully Manshukhani, LLP (Gordon Rees) demurred to the complaint. The County of San Mateo was not listed on the caption as a defendant represented by Gordon Rees. On April 4, 2024, Gordon Rees filed an amended notice of demurrer and amended suppor...

Excerpt: ... light, causing his vehicle to hit Plaintiff's vehicle. Plaintiff alleges one count of negligence against Dunbar, and one count of negligence (Gov. Code, § 815.2) against the State. In the complaint, Plaintiff alleges that he timely served government claims against the State, which claim was rejected. (Compl., ¶ 10.) Now before the Court is Defendants' demurrer to the complaint. Legal Authority. Under the California Tort Claims Act (the Act), n...

Excerpt: ...ds and that the rodents caused significant damage to the Property. On December 16, 2022, the Court (Hon. Donald G. Umhofer, presiding) granted Defendants OiC Real Estate Services, Inc. and Kristenann Murchison's motion to strike Plaintiffs' expert witness designation. In their motion, Defendants argued that Plaintiffs' expert designation was tardy and failed to include a required declaration from counsel describing the expert witnesses' areas of...

Excerpt: ...ided that BCP would provide labor, services, equipment, and materials for installation of HVAC systems for five different projects. BCP now moves for summary adjudication of its fifth and eighth causes of action for breach of written contract, and ABC moves to continue trial of this matter, currently scheduled for June 24, 2024. Both motions are opposed. Motion for Summary Adjudication BCP's fifth cause of action arises out of a June 27, 2019 ...

Excerpt: ...sher Dec.), ¶ 5.) Plaintiff served RFP, Set Three, on Smart72 and RFP, Set One, on DeVries, on July 10, 2023. (Id., ¶ 8.) Both sets of requests sought documents relating to Angela DeVries' role in the Smart72 business and her communications relating to Plaintiff. (Ibid.) Plaintiff now moves to compel further responses from Smart72 as to Request No. 12 from RFP Set Two, and Request Nos. 21 -28 from RFP Set Three. Plaintiff also moves to compel f...

Excerpt: ...s needed before any records could be produced. In an attempt to obtain Plaintiff's signature on the authorizations, Defendants served Plaintiff with a Request for Production of Documents attaching the requisite authorizations (the RFPs), and asking Plaintiff to sign and return the authorizations. Defendants' counsel explained the authorizations were served as part of a request for production “so there is a mechanism to compel a response, if nee...

Excerpt: ...ed Home Instead for personal care services and Defendants employed unfit caregivers who stole personal property from Plaintiff and mistreated him by, among other things, committing elder neglect, financial abuse, and isolation abuse. Before the Court are four motions filed by Plaintiff seeking to compel further responses to discovery requests. The specific discovery requests are as follows: 1. Special Interrogatories to Alcantara, Set One (Al...

Excerpt: ...) fraud and deceit (against both Defendants). On October 2, 2020, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property or the Property). Plaintiffs filed another “notice of pending action” on February 23, ...

Excerpt: ...f's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in Roe 1 District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of Roe 1 District. (FAC, ¶ 2.) Plaintiff alleges Roe 2 Teacher began grooming Plaintiff when she was a 15 -year -old freshman. (FAC, ¶ 14.) Plaintiff alleges Roe 2 Teacher often flirted with Plaintiff an...

Excerpt: ... allegedly “without following the rules and regulations of the County relating to said Guesthouse.” (Pet, ¶ 3.) At the time the Petition was filed, the Guesthouse was under construction, but has now been built. LOGG seeks a writ of mandate under Code of Civil Procedure section 1085 directing the County to rescind the construction permit for the Subject Property and directing the County to provide public notice of the project, including a No...

Excerpt: ...roduction at hearing or trial, served on Petitioner, Bank of America, N.A., PayPal INC., Corporation Service Company, Wells Fargo Bank, N.A., and William B. Dyer. (Declaration of Laura Hoffman King, ¶ 2; Ex. A.) (Code Civ. Proc., § 1987.1.) The initial hearing on the motion was continued as no proof of proper service was on file. Petitioner served notice of hearing, but there was no proof showing that the moving and supporting papers were serv...

Excerpt: ...les Bachtell (Bachtell), is one of the named individual director -defendants. Cresco Labs, Inc. is a Canadian corporation with its principal place of business in Chicago, Illinois (Canadian -Cresco). In response to the complaint, Canadian -Cresco filed a motion to quash service of the summons and complaint on the ground the Court lacks jurisdiction over it. (Code Civ. Proc., § 418.10.) The Court continued the motion to allow Plaintiffs an oppor...

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: ...f to be Chief Operating Officer (COO) for MLV's new venture of opening The Human Bean coffee shop franchises. (Declaration of Pat Mitchell (Mitchell Dec), ¶¶ 5, 6.) Plaintiff alleges he became seriously ill and had to use a wheelchair at work. He claims he was wrongfully terminated due to his disability. Defendants seek to compel arbitration pursuant to the employee handbook that includes an arbitration agreement. They do not present a signed a...

Excerpt: ...mine Ownership of Estate Property and for Order Authorizing and Directing Executor to Transfer Estate Property to Petitioner (the Petition). The Petition was brought pursuant to Probate Code section 850, and seeks a determination of ownership of USG stock. The basis of Siegenthaler's claim is a June 16, 2016 gift letter signed by Decedent and attached as exhibit C to the Petition. (Pet., ¶¶ 4 -6.) Currently on calendar is Andreoli's motion for ...

Excerpt: ...ligent Infliction of Emotional Distress. Plaintiff alleges that she has been suffered heart palpitations, tremors and shortness of breath due to the crowing of roosters and barking, whining and crying of dogs at property owned by Beltran. (Cmpl., passim.) Plaintiff alleges that Puckett and Ochoa assist in the care and maintenance of the dogs and roosters. (Cmpl., ¶ 9.) She alleges that this complaint “follows in continuous succession of, and ...

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...