Excerpt: ...Obispo and the State of California. (Comp., ¶ 4.) Plaintiff alleges that she worked for Defendants as a non‐exempt Sales Advisor from approximately 2008 to June 2018. Plaintiff's job duties consisted of passing out food samples at demonstration tables inside Costco retail locations. (Comp., ¶ 9.) Defendants now move to compel arbitration of Plaintiff's claims pursuant to the Federal Arbitration Act and Code of Civil Procedure sections 1281.2 ...

Excerpt: ...eneral contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On March 13, 2020, Specialty filed a complaint in a separate lawsuit (20CV‐0167...

Excerpt: ...nch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in the Jones Defendants' favor and declined to award any relief to Plaintiffs. On May 6, 2022, this Court ...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ...hysical harm; 5) elder abuse‐financial fraud; 6) conversion; 7) misappropriation of trade secrets, unjust enrichment; 8) false imprisonment; and 9) intentional infliction of emotional distress. Defendants demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...

Excerpt: ...hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. Garden Street responded by filing its own cross complaint on O...

Excerpt: ...C) alleging causes of action for negligence and breach of contract. Plaintiffs' lawsuit centers around their purchase of a mobile home located at 3960 South Higuera Street, Unit 178 in San Luis Obispo (the Property). (FAC, ¶ 12.) Plaintiffs allege they purchased this home from Newitt for approximately $213,741.54 on April 29, 2019. (Ibid.) Plaintiffs allege Newitt was represented by Engle of Defendant BHG. (FAC, ¶ 13.) Plaintiffs allege BHG hel...

Excerpt: ... Paul A Flinn Revocable Living Trust, dated May 2, 2012 (“Trust”). Petitioners and Respondents are the children of Paul A. Flinn (“Paul”) and are the successor co‐ trustees of the Trust. However, Respondent's powers as co‐trustee were suspended by this Court on July 19, 2021. Respondent now asks the Court to dismiss the Petition based on forum non conveniens. (Code Civ. Proc., § 418.10(a)(2).) As the moving party, Respondent bears th...

Excerpt: ... the alleged misuse of a business name. Defendants demur to each claim pursuant to Code Civil Procedure sections 430.10(e) and 430.10(f). Defendants have simultaneously filed a Motion to Strike that will be addressed herein. Defendants request judicial notice of multiple exhibits labeled 1‐12. Plaintiffs oppose both motions and the request for judicial notice. I. Background Gavin is the owner and president of Patriot Sportfishing, Inc. dba Morr...

Excerpt: ...at on or about December 4, 2018, at approximately 7:00 p.m., Plaintiff was walking towards the elevator at Sierra Vista, when she suddenly and without warning was caused to slip where a clear liquid having the appearance of water had accumulated. As Plaintiff slipped, she fell to the ground landing on both knees and both hands as she tried to break her fall. As a result of the fall, Plaintiff sustained serious bodily injury. (Comp., p. 4, ¶ GN�...

Excerpt: ...is Respondent's motion to dismiss the amended petition. Respondent raises three grounds for dismissal: (1) statute of limitations (Code Civ. Proc., § 366.3); (2) failure to join an indispensable party (Code Civ. Proc., § 389); and (3) failure to prosecute (Code Civ. Proc., § 583.410). Petitioners oppose the motion. Respondent reports that service of Petitioners' opposition was untimely and requests a continuance to address the merits of the op...

Excerpt: ...ers filed a First Amended Petition on March 29, 2022, for (1) invalidation of trust amendment; (2) invalidation of will; (3) to suspend and remove successor trustees; (4) for constructive trust and equitable lien to recover trust property; (5) breach of trust, (6) undue influence, and (7) for an accounting. The Amended Petition seeks damages, special damages, and punitive damages.1 On March 30, 2022, Petitioners filed an Ex Parte Application for ...

Excerpt: ... at property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Plaintiff now moves for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to all three oppositions; Covelop has filed a joinder to the oppositions filed by Ager and Bunyon. Legal Authority. Section 3...

Excerpt: ...for necessary expenditures or losses and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professions Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022 the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement (“Motion”.) The Motion is unopposed. The settlement Class consists of �...

Excerpt: ...tiffs' injuries because their father (also named, Andrew McTaggart)1 was killed by Maneely on Defendant's premises. Both McTaggart and Maneely rented storage units at Defendant's facility. Defendant now moves for summary judgment. Defendant's motion raises a single issue, i.e., whether it owed a duty to Plaintiffs' father.2 For the reasons set forth below, the motion is granted. I. STANDARD Summary judgment is proper when there are no triable iss...

Excerpt: ...Laguna Shores‐‐Tract 718 (“CC&Rs”), which was recorded on May 10, 1980, and the Association is regulated by its Articles of Incorporation (“Articles”) and its Amended and Restated Bylaws of Laguna Shores Homeowner's Association (“Bylaws”).1 On July 7, 2022, Petitioner filed a Petition to Reduce the Required Voting Percentages to Amend the CC&Rs (“Petition”), pursuant to Civil Code section 4275. On July 25, 2022, this Court iss...

Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...

Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defen...

Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...

Excerpt: ...inst Successor Trustee, Kristen R. Barba (“Respondent”). On April 3, 2021, the parties entered into settlement agreement pursuant to which they agreed to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”) (“Agreement”.) On January 24, 2022, the parties appeared before the Court for an Order to Show Cause re: Dismissal hearing. At that time, all the terms of the Agreement had been comple...

Excerpt: ..., or in the alternative summary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposed the motion. Prior to the initial hearing on the motion, the Court posted a tentative ruling that anticipated denying the motion on the grounds that Plaintiff had not made the requisite showing. At the hearing, counsel provided further information, and t...

Excerpt: ...n subpoenas that were personally served on two non‐party witnesses: Kevin De La Cruz (De La Cruz) and Jimmy Cervantes (Cervantes) (the Deponents). The Deponents both failed to appear at their depositions, and Defendant's counsel made a record of the non‐appearances and now seeks monetary sanctions against the deponents, as well as an order compelling them to comply. When the motions initially came on calendar, they had not been served on the ...

Excerpt: ...vid R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to properties near Lake Nacimiento due to the Chimney Fire. Shortly before the Chimney Fire, Plaintiff Paul Atkins and his brother Gary A...

Excerpt: ...ary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposes the motion. I. Legal Standard Section 437c(h) provides that: If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be present...

Excerpt: ... Lime Mountain Livestock, LLC (Lime Mountain) filed a lawsuit (San Luis Obispo Superior Court Case No. 18CVP‐0101) against Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Ric...

Excerpt: ...ff's five causes of action are alleged against both Defendants, and both Defendants are represented by the same counsel. On March 29, 2022, Plaintiff filed a voluntary dismissal without prejudice for all causes of action against Hefele. The action remains pending against Brown. On April 13, 2022, Hefele filed her Memorandum of Costs After Judgment seeking $20,449.55 in costs. Plaintiff now moves for an order taxing and striking the costs claimed ...

Excerpt: ...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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...

Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...

Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...

Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...

Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...

Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...

Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...

Excerpt: ... petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed a first amended petition (FAP) in July 2017. The FAP set forth the following causes of action: (1) Instructions as to Language of Trust; (2) Suspend and Remove Successor Trustee and Appointment of Successor Trustee; (3) Breach of Trust; (4) Breach of Fiduciary Duty; and (5) Compel Accounting. Trial was origin...

Excerpt: ...tum, and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On November 30, 2018, Defendants filed an amended cross‐ complaint substituting Roe No. 40 for The Western Surety Company. On November 18, 2021, Mark Coffin, counsel for Defendants, emailed Notices of Deposition for: ...

Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) 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 recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...

Excerpt: ...plaint alleges that Lowry submitted his disability retirement application in February 2019, but the District failed to timely process it, and instead deemed him voluntarily resigned. The complaint alleges (1) wrongful discharge; (2) disability discrimination – failure to engage in good faith in the interactive process; (3) disability discrimination – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of ac...

Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...

Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...

Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...

Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...

Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...

Excerpt: ...mium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...

Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...

Excerpt: ...e Foster has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...

Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...

Excerpt: ...(s) upon request by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit “A”. The Plaintiff has performed all conditions precedent to bringing this action or the same have bee...