Excerpt: ...4, 2018, Plaintiffs filed a first amended petition (FAP) for writ of mandate, purporting to allege causes of action for (1) ultra vires implementation of alleged land use changes in violation of vested rights, with disparate effect on minorities and insufficient government interest; (2) use of that law to unconstitutionally seize farms of minorities and low‐ income people for unjust enrichment of rich white people; (3) violation of due process ...

Excerpt: ...pi, California. On August 23, 2017, Plaintiff filed a lawsuit against Karim Rasheed, M.D. (“Defendant”) alleging Defendant improperly performed eye surgery on Plaintiff, namely, a pterygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Pri...

Excerpt: ... that they each put into the Property (for which they each sought reimbursement). The Court held a trial on the matter in January 2019. On March 29, 2019, the Court issued a written decision in which it concluded that each party owned a one‐third interest in the Property, i.e., one‐third by Bello and two‐thirds by the Scotts. In addition, the Court concluded that the monies expended by Bello at the time of purchasing the Property and for ce...

Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...

Excerpt: ...nd Restrictions for her condominium development by refusing to keep her dog on a leash or supervise her dog, resulting in the harassment of residents, as well as her alleged failure to keep her dog from barking excessively. On April 27, 2018, the parties mediated this case with Scott Radovich, which resulted in a settlement agreement between Knight and the Association. (Exhibit 1). The parties signed and submitted a Stipulation and Order Confirmi...

Excerpt: ...e dispute arises out of the City's code enforcement investigation of property on which Holliday was residing. On August 4, 2015, city officials inspected the property and placed a Stop Work Order on a fence. The following day, Holliday went to the City's Clerk Office to dispute the Stop Work Order. Holliday videotaped his meeting, but was asked to stop recording by a City employee and a law enforcement officer. Holliday alleges that those request...

Excerpt: ...s sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Plaintiff moves to for leave to file an amended complaint. Plaintiff's Complaint is a form complaint with one cause of action for negligence, which alleges that Defendant was grossly negligent in causing her injuries. Plaintiff's proposed First Amended Complaint (“FAC”...

Excerpt: ...Plaintiff now moves pursuant to Code of Civil Procedure section 708.170(a)(2) for sanctions against Defendant. Code of Civil Procedure section 708.170(a)(2) provides as follows: If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear [and] the person's failure to appear is without good cause,...

Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...

Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...

Excerpt: ...d Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...

Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...

Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to...

Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...

Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...

Excerpt: ... (“Dr. Mulder”) (collectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and ...

Excerpt: ...gainst Ford include breach of express warranty, breach of implied warranty, concealment, intentional misrepresentation, and negligent misrepresentation. Now before the Court is Plaintiff's motion to compel further responses to requests for production. No opposition is on file. Analysis. On November 30, 2018, Plaintiff served his first set of requests for production (RFPs). (Ex. A.) On January 7, 2019, Ford served unverified responses to Plaintiff...

Excerpt: ...nd motion to strike the complaint, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages ...

Excerpt: ... follows: In this event, [each party] shall choose a competent and impartial appraiser .... The appraisers will separately state the actual cash value, the replacement cost, and the amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. ... (Petition, Attach. 4(b).)1 A dispute arose between the parties regarding the cost of repairs caused by flood damage...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...