Excerpt: ...2023, Defendant filed a notice of related case and on August 15, 2023, the Court entered an order consolidating this action with Plaintiff's separate Private Attorney General Act (PAGA) action pursuant to a stipulation of the parties. On April 10, 2024, the parties filed a joint case management statement in which Defendant states that it “recently become aware of the existence of an arbitration agreement.” On April 26, 2024, Defendant file...

Excerpt: ...the general contractor for the Project. Garden Street and Specialty entered into a contract in April 2015. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in SCI and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of multiple related actions, all of which involve the Project. Defendant Trisura Insuran...

Excerpt: ...ired 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 two motions filed by Plaintiff seeking to compel further responses to Home Instead Form Interrogatories (set two) (Home Instead FROG) and Alcantara Form Interrogatories (set two) (Alcantara ...

Excerpt: ... Project. Garden Street and Specialty entered into a contract in April 2015. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in SCI and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of multiple related actions, all of which involve the Project. Defendant Trisura Insurance Company (Trisura), Garden S...

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