Excerpt: ...use of action for violation of Business and Professions Code sections 17200, et seq. Plaintiff's FAC alleges that Mindbody engaged in unfair business practices because he and other similarly situated employees in California were not paid overtime at the correct rate, were not provided with duty‐free meal and rest periods, were not paid meal period premiums, and were not reimbursed for their business expenses, in violation of various provisions ...

Excerpt: ... served with the summons and complaint on April 10, 2019. He too did not file an answer, and his default was entered on May 21, 2019. On August 28, 2019, Defendants moved to set aside their respective entries of default. However, the proofs of service did not indicate that the motions were served on Plaintiff, the notice of motion was incorrect, and the motions did not indicate under what statute or on what grounds the parties were seeking to set...

Excerpt: ...s Pismo Beach Self‐ Storage, L.P. (PBSS); PBGP, LLC; and M.J. Ross Construction, Inc. (MJR), and alleges causes of action for (1) negligence, (2) removal of lateral support (against PBSS and PBGP, only); (3) negligence per se; (4) trespass; and (5) private continuing nuisance. This lawsuit concerns two adjacent parcels of property located at 100 Five Cities Drive (the PBSS Property) and 200 Five Cities Drive (the Jasool Property). (FAC, ¶¶ 3,...

Excerpt: ...nd winding up of limited partnership. On August 26, 2019, this Court ordered the parties to attend mediation, to be completed by December 6, 2019. (Pick Decl., Ex. F.) Mediation was scheduled for November 6, 2019. (Pick Decl., ¶ 14.) However, Mr. Pemberton, by this time was no longer represented by counsel1 , and did not appear at the mediation. (Ibid.) On August 15, 2019, Defendants – still represented by counsel – filed a petition to compe...

Excerpt: ...aintiff improperly advised them to waive their homestead exemption in their bankruptcy proceeding. When Defendants did not appear at the trial readiness conference, the case was dismissed with prejudice, and judgment was entered for Plaintiff on July 5, 2016. On August 29, 2017, Plaintiff filed the instant lawsuit, asserting one cause of action for malicious prosecution. Defendants filed a special motion to strike under Code of Civil Procedure se...

Excerpt: ...eufeld and Michael Neufeld (collectively, “Defendants”) were named as Defendants in both complaints. Defendants clarify that the accident occurred on June 9, 2016, and that Beeson was a passenger in Haggarty's vehicle. The Court consolidated the matters on April 17, 2019. On February 1, 2019, Defendants served on Beeson (a) form interrogatories; (b) special interrogatories; (c) requests for production; and (d) a request for statement of damag...

Excerpt: ...n and winding up of a limited partnership. Defendants' default was entered on February 8, 2019. The Court held a prove‐up hearing on May 6, 2019,1 and entered judgment in Plaintiff's favor on May 9, 2019, in the amount of $593,080.43. Defendants now seek to stay enforcement of the judgment pursuant to Code of Civil Procedure section 918.2 Defendants seek the stay to allow time for the Court to hear post‐trial motions, including a Motion to Va...

Excerpt: ...the broker, Premier Lending Services dba Coldwell Banker Premier Realty (“Premier”) and Premier's agent/broker, Nick Hall (“Hall”) (collectively the “Realtors”). Plaintiff seeks damages and rescission of the transaction because it provided to be more difficult and expensive to build on the Property than he anticipated. Motion for Leave of Court to File Cross‐Complaint On March 8, 2019, Gunther requested leave of court to file a cros...

Excerpt: ... of facts which would be highly relevant ....” (Mtn., p. 2, ll. 5‐6.) The potential litigation concerns groundwater contamination in the vicinity of the San Luis Obispo County Airport. Both of the Deponents are retired. Petitioner states it has no information that either individual is ill or planning to relocate but given the uncertainty about when litigation may begin, those possibilities are of concern. Petitioner states the Deponents were ...

Excerpt: ...ed a lawsuit against Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Trial is set for July 22, 2019. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or a...

Excerpt: ...on either of the Defendants. Likewise, while a summons is on file, there is no indication either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the Court. The proof of service attached to the CMC statement indicates that it was mailed to this Court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff ...

Excerpt: ...rnative, summary adjudication. Neale opposes the motion. As the moving party, Wells Fargo has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving e...

Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...

Excerpt: ...torneys, Theresa's spouse and daughter (Reba Phillips) were also present at the deposition. The deposition was suspended by agreement of the parties to allow the Court to rule on Hugh's request to limit the individuals who may be present during his deposition to himself, his attorney, Theresa, her attorney, and the deposition officer. (Code Civ. Proc., § 2025.420(b)(12).) Hugh argues that Theresa's spouse and daughter, who are not parties to the...

Excerpt: ...it alleges that Defendants made illegal and unpermitted modifications to The SLO in violation of California law, creating hazards to the student tenants. The Parties resolved the lawsuit and filed a motion for preliminary approval of class action settlement, which motion the Court granted on November 28, 2018. Now, before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of all individuals who l...

Excerpt: ...et store3 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group4 that is in a cooperative agreement with at least one private or public shelter5 .” (Id. at subd. (a).) 1 All further statutory references are to the Health and Safety Code unless otherwise specified. 2 A “pet store operator” is “a person who owns or oper...

Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...

Excerpt: ...although a summons is on file, there is no indication that either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the court. The proof of service attached to the CMC statement indicates that it was mailed to this court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff filed the following: ‐ “Mot...

Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...

Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...

Excerpt: ... filed with the Court's probate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”). According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A,...

Excerpt: ...nt of that note. A. Motion to Compel Compliance with Discovery On January 8, 2019, Plaintiffs propounded form interrogatories, special interrogatories, and requests for production (“RFPs”) on Day. Responses were due on February 22, 2019, after the parties had agreed on a two‐week extension. Day provided written responses at that time but failed to verify his responses. (Code Civ. Proc., §§ 2030.250(a) [interrogatories], 2031.250(a) [RFPs]...

Excerpt: ...ch of the covenant of quiet enjoyment; (5) nuisance; (6) negligence; and (7) wrongful eviction. The Trust demurs to the entirety of the complaint and each cause of action on the ground that it fails to state a cause of action against the Trust. Specifically, the Trust argues that the complaint has improperly named the Trust, rather than the trustee, as a party. Plaintiffs do not dispute that they cannot sue the Trust and state they requested the ...

Excerpt: ...t, while Ms. Smith alleges she only called Dignity after the accident occurred to report that she would be late for her shift. Ms. Smith stipulated to liability prior to trial. Dignity disputed liability. Trial commenced on January 7, 2019. On January 17, 2019, the jury returned a verdict, finding that Ms. Smith was not acting in the scope of her employment at the time of the accident. The jury awarded Plaintiffs $350,000 in damages, plus costs. ...

Excerpt: .... Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitra...

Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...

Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...

Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...

Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...

Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...

Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...

Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...

Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...

Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...

Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or additional wages in lieu thereof; (5) Failure to i...

Excerpt: ...drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royal...

Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked ...

Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On ...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...

Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...

Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...

Excerpt: ...lty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...

Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...

Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...