Excerpt: ...rsuant to Cade of Civil Procedure section 430.10, (e) and (f). Pearce demurs on the grounds that Plaintiff's claims are barred because he cannot establish publication of any alleged defamatory statement. Plaintiff opposes the demurrer. For the reasons set forth below, the demurrer is sustained without leave to amend. l. Background Plaintiff was employed by Pearce as a cell phone tower maintenance worker from April 2021 until May 3, 2022. (FAC 8.)...

Excerpt: ...arbara Lane, presiding) sustained in part and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserts causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (A...

Excerpt: ... 2021, Defendants filed their answer. At the same time, Defendants propounded their initial round of discovery on Plaintiff which consisted of form and special interrogatories and requests for production of documents. (Declaration of Christopher J. Mohamed (Mohamed Decl.) 3.) Plaintiff provided responses on September 8, 2021, and on January 25, 2022, Defendants filed their first amended answer to the complaint. On August 15, 2022, Plaintiff's for...

Excerpt: ...hat the rodents caused significant damage to the Property. On December 16, 2022, the Court granted the motion to strike expert witness designation filed by Defendants OiC Real Estate Services, Inc. (OiC) and Kristenann Murchison (Murchison). In their motion, Defendants argued that the expert designation was not only tardyl but also failed to include a declaration from counsel in support describing the expert witness's areas of expertise. In grant...

Excerpt: ... cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak Rentals, LLC v. Nevis, 22CV- 0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the complaint to be fraudu...

Excerpt: ...h of the covenant of good faith and fair dealing; 4) specific performance; 5) accounting; and 6)-7) declaratory relief. The action arises out of an alleged partnership between Plaintiff and Defendants to purchase and develop property. Plaintiff seeks an order that Jack Ranch transfer two lots of land to Plaintiff or in the alternative he seeks more than in damages. Defendants demur to the first and fifth causes of action pursuant to Code of Civil...

Excerpt: ... work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...

Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...

Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...

Excerpt: ...s owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...

Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...

Excerpt: ...f dependent adult abuse and neglect when his dietary requests were denied. On March 25, 2021, Plaintiff filed his third amended complaint (TAC) in which he alleged a single cause of action against DSH-A for violation of Gov. Code section 815.6. Now before the Court is DSH-A's Moton for Summary Judgment. For the reasons set forth below, the motion is granted. Plaintiff's Request for Judicial Notice is granted. However, while the Court can take not...

Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...

Excerpt: ...ers agreed to service of process by registered or certified mail, return receipt requested sent to 751 Higuera Street in San Luis Obispo, California (the Service Address). (Id„ Ex. A [Agt., '150].) Sellers also agreed to "promptly notify" Plaintiff in writing of any change of address. (Ibid.) On August 17, 2021, the Sellers and Plaintiff entered into a second sale and purchase agreement, which contained the same service term and address. (ld., ...

Excerpt: ... (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) The history of the efforts by Plaintiff in this case to conduct discovery into what should be a relatively simple and straightforward set of issues the identification and inspection of the equipment that was involved in the inci...

Excerpt: ...ve documents, the responses are not code compliant. (Declaration of Christine Balbo Fenech in support of Defendant's motion ("Fenech Decl.") Exhs. 8 and D.) Plaintiffs did not identify which of the previously prcKluced documents are responsive to each request. Plaintiffs contend that Defendant failed to meet and confer in good faith prior to filing the subject motion. "'[AI reasonable and good faith attempt at informal resolution entails somethin...

Excerpt: ...istian's employment and personnel records pursuant to Evidence Code Section 1043 (Pitchess motion). l. Legal Standard Penal Code section 832.7 provides that peace officer personnel records are confidential and shall not be disclosed in any civil proceeding except by discovery pursuant to Evidence Code sectons 1043 through 1047.2 (See also Pen. Code, S 832.8 [defining "personnel records"l.) The Pitchess statutory scheme set forth at Evidence Code ...

Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...

Excerpt: ...er Beach, CA (“the Property”). If there is a surplus a
Ler payment of the secured obliga
Ÿon, a trustee who does not Þle an interpleader must serve by mail a prescribed no
Ÿce of such surplus on all persons en
Ÿtled to no
Ÿces of default under Civ. Code, § 2924b, subd. (b) and (c). (Civ. Code, § 2924j, subd. (a).) If a conßict between poten
Ÿal claimants exists that the trustee cannot resolve through due diligence, the trustee may, o...

Excerpt: ...claiming he never agreed to sign an arbitration agreement electronically and did not do 1. Legal Standard The standard for determining a motion to compel arbitration is as follows: On a petition to compel arbitration, the trial court must first determine whether an "agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the petition...

Excerpt: ...ttorney Haskell (res judicata) and Judge Foley (immunity) without leave to amend and sustained demurrers as to all other defendants with leave to amend. On July 27, 2023, Plaintiff filed a First Amended Fraud Complaint ("FAC"). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. The 44- page FAC alleges a myriad of facts, statements and thoughts with the word "fraud" interposed throughout and cit...

Excerpt: ...s, set two; (2) special interrogatories, set two; (3) requests for production, set two (RFPs); and (4) requests for admission, set one (RFAs). Responses to the discovery were due on February 27, 2023. (Code Civ. Proc., SS 2016.050, 2030.250, 2031.260, 2033.250, 1013 [deadline extended 5 calendar days when served by maill.) At the time of filing these discovery motions (April 3, 2023), Plaintiff had not yet served responses. On September 20, 2023,...

Excerpt: ..."Campbell-Taylor") and Defendant and Cross-Defendant Jesus Morales ("Morales") for general negligence and premises liability. Campbell Taylor and his wife, Paula Campbell-Taylor own the real property where the accident happened and do business as Graveyard Vineyards. ((Morales's Separate Statement of Undisputed Material Facts ("SSUMF"), Fact Nos. 2, 15.) Morales is a tree trimmer and does business as Golden State Tree Service. In July 2016, Campb...

Excerpt: ...ound a home they intended to buy, and decided to obtain the loan in Defendant's name only as her credit was better than Plaintiff's credit. Plaintiff alleges he gave Defendant $17,000 in order to obtain the loan. Plaintiff also alleges he performed renovations on the Property. Plaintiff alleges that Defendant is now the sole owner of property identified as 938 Pecho Street, Morro Bay, CA 93442 with Assessor's Parcel Number: 066-201-037 ("Property...

Excerpt: ...y the Commission. (Administrative Record [AR], 149, '1 2.) On October 29, 2020, Sandy, in her official capacity as Executive Director of the Commission, filed an Accusaton against Petitioner, requesting a hearing on the matters alleged and that the Commission issue a decision revoking Petitioner's teaching credential. (AR 149-156.) An administrative hearing was held October 4-8, 2021, before Administrative Law Judge (ALJ) Chantal M. Sampogna. (AR...