Excerpt: ...ion to Confirm Arbitration Award. On January 25, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to add Hurley as a named respondent on the petition. • On February 13, 2024, Plaintiffs filed an Amended Petition to Confirm Arbitration. On April 4, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to amend the petition which misstated the terms of the arbitrator's awar...

Excerpt: ...ond amended complaint for damages and declaratory relief (SAC). The SAC asserts causes of action for (1) writ of mandate (2) breach of mandatory duty/negligence and (3) declaratory and injunctive relief. Now before the Court is the County's demurrer to the SAC and each of the three causes of action therein. I. Background The crux of Petitioner's claim is that the County has a mandatory duty to establish a program to investigate whether mold in ho...

Excerpt: ...filed her First Amended Complaint (FAC), which again alleges two causes of action for breach of contract and fraud. The District again demurs to both causes of action on the grounds that they fail to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Counsel for the District met and conferred with counsel for Plaintiff prior to filing the demurrer but the parties were unable to come an agreement. (Declaration of Stephanie A. Bowen, ¶¶ 2,...

Excerpt: ...s negligence and punitive damages as alleged against it.1 Counsel for MJBS met and conferred via telephone with counsel for Plaintiffs before filing the motion, but the parties could not come to an agreement. (Declaration of Joseph Schultz.) Plaintiffs oppose the motion. I. Legal Standard A defendant can move for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against th...

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: ...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's husband and injuring Susan Owens. Counsel for McDuffee states that McDuffee is believed to have been in custody since the date of the incident and is difficult to contact. (Declaration of Natalya Samsonova (“Samsonova Dec.”), ¶¶ 3, 4.) McDuffee seeks to stay this civil action pending the resolution of the criminal action against McDuffee, San Luis Obispo Superior Court, Case No. 21F -04974. McDuffee seeks a short stay of four (4) weeks ...

Excerpt: ... Court dismissed the case and retained jurisdiction pursuant to Code of Civil Procedure section 664.6 and the Stipulation. The Stipulation called for Gonzalez's insurer to pay State Farm $6,112.20 and for Gonzalez to pay State Farm a total of $1,500.00 in payments of $50.00 per month. (Declaration of Richard L. Mahfouz III (Mahfouz Dec.), Exh. A, ¶ 4.) State Farm asserts that Gonzalez is in default on the payments and seeks to have the dismissal...

Excerpt: ...cuments and strike Honda's objections to her Request for Production of Documents, Part One, served May 30, 2023. (Declaration of Hannah Theophil (Theophil Dec.), ¶ 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.1 (Id. ̧ ¶¶ 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), ¶ 6; Ex. C.) Specifically, Plaintiff moves to strike Honda's objections and compel furth...

Excerpt: ...ped with 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 Plaintiffs did not appear at the initial hearing on the matter. In the tentati...

Excerpt: ... trustee. Fred died in 2013, and Donna died on August 8, 2019. The Trust is comprised of 1,356.34 acres of land, including the Nick Ranch (the Ranch), securities, and membership interests in three family LLCs along with other personal property items. Petitioners allege the three beneficiaries (Juanell, Wayne, and Norman) are each one -third owners of the entire Ranch; Norman disputes this and asserts that Petitioners are each one -third owners o...

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: ...proximately $44,644 on the contract. Defendant was personally served with the summons, complaint, notice of application and hearing, a copy of the application, and the supporting declaration and memorandum of points and authorities, on April 8, 2024. (Code Civ. Proc., § 512.030.) A writ of possession shall issue if the plaintiff has (1) established the probable validity of his or her claim to possession of the property and (2) met the undertakin...

Excerpt: ...ion agreement he signed was with World Wind & Solar (WWS), and that he never agreed to arbitrate disputes with Defendant. Defendant argues that it acquired WWS including its employees and can enforce the arbitration agreement. 1. Legal Standard for Compelling Arbitration Both the Federal Arbitration Act (FAA) and California law favor arbitration. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339; OTO, L.L.C. v. Kho (2019) Cal.5th 111, 125...

Excerpt: ...in obtaining the judgment. Defendant did not remove the fence as ordered by the Court. Plaintiff incurred fees filing additional papers, appearing for hearings, and hiring a contractor to shorten Defendant's fence as agreed to by Defendant. Plaintiff now seeks to recover the additional fees and costs. Plaintiff filed and served the moving papers and memorandum of costs on April 17, 2024, by mail. No opposition or objection has been filed. Code...

Excerpt: ...s the real party in interest. The dispute concerns the City's rejection of a recall petition aimed at Rushing, which Petitioners submitted on April 4, 2024 (the April Recall Petition). (Pet., Ex. 1.) Mr. Rushing's term is set to expire in December 2026. (Rushing Decl., ¶ 4.) On April 15, 2024, the City rejected the April Recall Petition stating: “Pursuant to Elections Code section 11042, subdivisions (c) and (d) and Elections Code section 1104...

Excerpt: ... Santander is the Holder of the subject agreement and that Plaintiff has been paying Santander on the agreement. Plaintiff now moves pursuant to Code of Civil Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Association (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (t...

Excerpt: ... was deemed his successor in interest for purposes of pursuing this litigation. The complaint included twelve causes of action. The individual defendants Arciero and Grinager 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...

Excerpt: ...o easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. Bentotage P. DeSilva and Rupak Gautam filed a cross -complaint alleging causes of action for (1) intentional interference in business advantage and (2) declaratory relief. The lawsuit is a neighbor dispute concerning an easement. Now before the Court are six discovery motions filed by Plaintiffs. On December 14, 2023, Plain...

Excerpt: ...ton (Campton Dec.), ¶ 5.) On March 7, 2023, the Court overruled in part, and sustained in part (with leave to amend) the third amended complaint. On April 7, 2023, Crosbie filed her fourth amended complaint, and on October 24, 2023, the Court sustained Defendant's demurrer to the first, third and fourth causes of action in that fourth amended complaint with leave to amend. On November 21, 2023, Plaintiff filed her fifth amended complaint (5t...

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: ...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: ...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: ...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...