Excerpt: ...ollision in which Plaintiff suffered severe and debilitating injuries. The facts surrounding Plaintiff's lawsuit are largely undisputed. On March 17, 2017, Defendant Jones was driving from his home to his job1 at California Polytechnic University, San Luis Obispo (Cal Poly). (UMF 3.) Jones drove his car eastbound on Foothill Boulevard in San Luis Obispo when he drove into a left pocket lane to turn onto Mustang Drive. (Compl., ¶ 9.) However, ins...

Excerpt: ...tentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, (6) civil conspiracy, (7) breach of contract (against the Hive, only), and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleg...

Excerpt: ... of $300,000, memorialized in a Stipulation of Settlement. (Lidman Decl., Exh. 1 (the “Settlement Agreement”).) After deducting administration costs, Plaintiff's $5,000 service award, attorneys' fees and costs, and payment of Private Attorney General Act (“PAGA”) penalties, the remaining net settlement amount of approximately $147,545 will be distributed to all settlement class members who do not opt‐out of the settlement. (Lidman Decl....

Excerpt: ...nment harassment in violation of FEHA, against Defendants; (3) sex. gender discrimination in violation of FEHA, against Libertine; (4) failure to prevent discrimination and/or harassment in violation of FEHA, against Libertine; (5) constructive termination in violation of public policy, against Libertine; and (6) sexual battery, against Newton. Willig's complaint alleges that she worked for Libertine in San Luis Obispo, and that Newton is co‐ow...

Excerpt: ...intiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff has filed ...

Excerpt: ...n (Objector) is a trust beneficiary and filed an objection to the petition. On May 24, 2019, Petitioner served interrogatories (Ex. A), form interrogatories (Ex. B), requests for admission (Ex. C), and requests for production of documents (Ex. D), on Objector. Now before the Court is Petitioner's motion for an order compelling Objector to respond to the interrogatories, form interrogatories, requests for admission (RFAs), and requests for product...

Excerpt: ...laint [FAC], ¶¶ 5, 7.) Plaintiff's FAC includes causes of action for (1) penalties under the Private Attorneys General Act (PAGA); (2) meal period violations; (3) rest period violations; (4) wage and hour violations; (5) wage statement penalty; (6) waiting time penalty; and (6) unfair competition. On November 30, 2017, Plaintiff signed a Mediation and Arbitration Agreement (the Agreement), wherein she agreed to arbitrate certain disputes arisin...

Excerpt: ...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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only r...

Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...

Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...

Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...

Excerpt: ...obate 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”).1 According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A, B, and C; and Harris is ...

Excerpt: ...r competition; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) civil conspiracy; (7) breach of contract (against the Hive, only); and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11,...

Excerpt: ...ibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by f...

Excerpt: .... Sandra1 is John's sister and JoAnn's daughter. She and her daughter, Madelyn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ ...

Excerpt: ..., Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 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 group3 that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil ...

Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...

Excerpt: ...ts 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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only re...

Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...

Excerpt: ...cKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by...

Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...

Excerpt: ... degree burns on her torso and left arm and minor burns to her hands. On January 8, 2018, Mrs. Clarke and her husband, Robert Clarke (collectively, the “Clarkes”), filed this personal injury and fraud action against Unilever, United States, Inc. (“Unilever”) and Thrifty Payless, Inc. dba Rite Aid, Inc. On April 17, 2019, Unilever propounded Requests for Admissions (“RFAs”) on Mrs. Clarke. Mrs. Clarke responded on May 22, 2019. Unileve...

Excerpt: ...y”). Cambria was Plaintiff's broker, and Koontz, also a broker, worked for Cambria. (Singh Decl., Ex. 2.)1 Plaintiff states that she was looking for a piece of large property on which she could build a home for herself and her fiancé (now husband), a separate home for her parents, and other parcels that they could subdivide and sell to finance the purchase and building costs. (Singh Decl., ¶ 9.) Plaintiff states that neither she nor her husba...

Excerpt: ... the Labor code, Fair Employment and Housing Act (“FEHA”), and Business and Professions Code. Plaintiff's SAC alleges that he worked as a security guard for Inter‐Con on properties owned and operated by defendant Cal‐Trans from approximately July 2012 through his termination on or about September 2015. (SAC, ¶ 13.) On or about November 6, 2013, Plaintiff emailed his immediate supervisor, Phillips regarding Bryan Duvall1 , who Plaintiff p...

Excerpt: ...which relates to a pet store operator's ability to sell live animals. Health and Safety Code section 122354.5 (Section 122354.5) codifies AB 485, and went into effect January 1, 2019. (4 Witkin, Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to a...