Excerpt: ...o Plaintiff's First Amended Complaint ("FAC"). Defendants demur to the Third Cause of Acton for Breach of Covenant of Quiet Enjoyment and Fourth Cause of Action for Breach of Implied Warranty of Habitability. Defendants move to strike allegations in paragraphs 1, 21, and 28 of the FAC for punitive damages and the prayer for punitive damages. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. I...

Excerpt: ...aintiff had filed a PAGA Representative Action (Case No. 21CV-0651) (the PAGA Acton). Plaintiff reports the matter has settled and moves for preliminary approval of the Joint Stipulation of Class Action Settlement (the Agreement). Civ. Proc., S 382; Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the cl...

Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...

Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...

Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...

Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...

Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...

Excerpt: ...exhibit is a psychological report of Pe
Ÿ
Ÿoner prepared by Premier Forensic Psychology. The version Þled with the pe
Ÿ
Ÿon has been redacted. An unredacted version has been lodged “Condi
Ÿonally Under Seal” in connec
Ÿon with this mo
Ÿon. “Unless conÞden
Ÿality is required by law, court records are presumed to be open.” (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court, however, may order that a record be Þled under ...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...

Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....

Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...

Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...

Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...

Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...

Excerpt: ... 1994 Trust, the settlor executed a restatement of trust on March 2, 2010 (the 2010 Restated Trust). On February 4, 2020, the petitioners filed a First Amended Pettion alleging wrongdoing by the trustee, Deborah Foster-Swenson2 (Swenson). Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition (the SAP). The 1994 Trust dir...

Excerpt: ...t. Steve, SC8C, and CCV (collectively Defendants) have filed a special and general demurrer to each of the complaint's thirteen causes of action. Plaintiff opposes the demurrer. The demurrer is overruled except for the first and tenth causes of action. The demurrer to the first cause of action is sustained without leave to amend, and the demurrerto the tenth cause of action is sustained with leave to amend. l. Legal Standard A demurrer challenges...

Excerpt: ...d amended complaint. On April 7, 2023, a fourth amended complaint (4thAC) was filed by Crosbie alone (hereinafter, Plaintiff) after Beraud apparently settled her claim with Defendant. (4thAC 3.) Defendant now demurs here to the first, third, and fourth causes of action in Plaintiff's 4thAC. Plaintiff opposes the demurrer.l l. Background Plaintiff is 51 years old and has been working at California Department of State Hospitals - Atascadero as a Re...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ...rmination in violation of public policy, and intentional infliction of emotional distress. Now before the Court is Plaintiff's motion for leave to pseudonymously and for a protective order. There is no proof of service for either the Complaint or the instant motion. l. Background Plaintiff is an undocumented Venezuelan citizen, who was employed by Taste! from November 2022 until April 13, 2023. (Complaint '15.) During her employment interview, Pl...

Excerpt: ...d Fair Dealing and violation of Business and Professions Code section 17200, et seq. Plaintiff seeks damages and equitable relief. According to Plaintiff's Complaint, on or about September 4, 2015 [sic]l , Plaintiff executed a non-negotiable promissory note and a Deed of Trust on his property. On May 23, 2012, Plaintiff suffered a work-related injury. The injuries caused Plaintiff to be unable to continue working as he required multiple surgeries...