Excerpt: ...ge garnishment, the parties reported to the Court that the matter had been settled. Currently before the Court is Defendant's Motion for an Order Vacating and Setting Aside the Default and Default Judgment, on the ground of extrinsic fraud. Plaintiff has not filed an opposition. According to the proof of service filed on January 7, 2008, Defendant was served by substituted service on December 26, 2007, by leaving a copy of the complaint and summo...

Excerpt: ...uary 12, 2019, and Dental Works West was served by substituted service that same day. At the time the complaint was filed, the Court issued an Order to Show Cause (“OSC”) re Sanctions under California Rules of Court, rule 3.740, and set a hearing for December 12, 2019. On that day, Plaintiff's counsel requested a continuance, and the Court set the matter for an OSC re Dismissal on February 3, 2020. Prior to the February 3, 2020 hearing, (on D...

Excerpt: ...onal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187 to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss and Katherine E. Diaz.1 The notice of hearing, motion and supporting documents ...

Excerpt: ...death on June 29, 2019, and that Respondent took advantage of Settlor and his progressive neurological disorder by inducing him “to marry her, create a trust naming her as beneficiary and successor trustee, and execute transfer and other documents intended ... to make sure she acquired all of [Settlor's] property upon his death.” (Am.Pet., ¶¶ 5, 6.) Respondent filed a response to the amended petition on November 10, 2020. According to the a...

Excerpt: ...sues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee of all three subtrusts until her deat...

Excerpt: ...nterrogatories, Set One; and 4) Request for Production of Documents, Set One (collectively the “Discovery”). (Balsamo Decl.2 , ¶ 2.) On August 17, 2020, Julie's attorney requested an extension of time to respond to the Discovery to September 17, 2020 so Julie could retain litigation counsel; Charles' counsel granted that request. (Balsamo Decl., ¶ 4.) On September 16, 2020, Julie's other attorney emailed and requested a second extension to ...

Excerpt: ... the Survivor's Trust), Trust B‐Family Trust, and Trust C‐Exemption Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children, Marianne and Gail became the successor trustees of all three subtrusts.1 Upon Claire's death, Trust A became irrevocable. Prior to that, however, Clai...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ... Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). (Tardiff Decl.., ¶ 1; Bailey Decl., Ex. A [11/20/18 ltr from Ross to the Court].) On March 20, 2020, Ross received a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “First Subpoena”) from Jonas Bai...

Excerpt: ...h (“Ainsworth”), and the California Department of Parks and Recreation (the “CDPR”). The Petition challenges the Commission's July 9, 2020 approval, and related issuance of a coastal development permit to the CDPR for dust control measures at the Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “SVRA”), including an amendment to the initial 105‐acre approval and permit and CDPR's issuance of a May 28, 2020 Addend...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...

Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...

Excerpt: ...Cambria was Plaintiff's broker and Mr. Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...

Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...

Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...

Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...

Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...

Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...

Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...

Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...

Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...

Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...

Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...

Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...