Excerpt: ...une 22, 2019, at 2515 Victoria Way in Cambria. Roberto now seeks $22,181 in unpaid invoices. On September 10, 2019, Defendant filed a cross ‐complaint against Roberto, Mercado Gardening & Hauling, and Alberto Mercado2 alleging causes of action for (1) unfair business practices, (2) violation of Business and Professions Code section 7031, (3) negligence, and (4) declaratory relief. The second, third, and fourth causes of action are pled against ...

Excerpt: ...unt) plus interest at the rate of 10% annually. Mr. Allan further awarded Petitioner $2,420.48 in administrative fees, expenses, and arbitration compensation and expenses. Thus, Petitioner was awarded $8,602.48 in total, to be recovered from Respondents. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure1 section 1285, et seq. Once an arbitration award has been confirmed and judgme...

Excerpt: ...a Hermesch (“Respondent”) was added as a beneficiary, along with other individuals. The Trust also named Respondent as the successor trustee. On May 13, 2018, Petitioner filed a petition seeking to invalidate the Trust. He thereafter filed a first amended petition (“FAP”) in July 2018, which alleged four causes of action. Petitioner alleges in the FAP that Respondent exerted control and undue influence over Decedent and that at the time s...

Excerpt: ...the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals is...

Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...

Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second 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...

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: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) 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 to Plaintiff's personal property....

Excerpt: ...alleges that on October 8, 2017, Defendant willfully and intentionally assaulted and battered Plaintiff, causing him to suffer a mild traumatic brain injury (i.e., concussion) and other physical injuries and medical expenses. At the time of the incident, Plaintiff was assisting his mother, Lauri O'Neill, in moving out of the home she shared with Defendant, as Ms. O'Neill and Defendant were in the process of a divorce. Now before the Court are the...

Excerpt: ...set of requests for production of Documents (“RFPs”). Ford responded on September 4, 2018. On October 17, 2018, Plaintiff's counsel sent a meet and confer letter setting forth their issues with Ford's responses, and proposing to extend the deadline for filing a motion to compel to November 9, 2018. (Morse Decl., Ex. C.) The deadline at the time of initiating the meet and confer process was October 24, 2018. (Code Civ. Proc., 2031.310(c), 2016...

Excerpt: ...98.6; (4) retaliation in violation of Labor Code section 6310; (5) failure to pay minimum wages; and (6) failure to pay earned wages and waiting time penalties. Plaintiff began working at KCSC as a Judicial Secretary on September 6, 2008. (Undisputed Material Fact [UMF] 1.) On April 24, 2015, Plaintiff became “Mental Health Court Coordinator,” a new position that entailed the same job duties Plaintiff had as Judicial Secretary, as well as add...

Excerpt: ...as Doe defendants. Westland Engineering and Hernandez Masonry have since been dismissed from the suit after each defendant executed a mutual release in exchange for a waiver of costs.1 TAG took the default of Jabraco, Inc. and Buena Geotechnical Services. As of September 2018, Barnhard was the sole remaining defendant in the action. On October 1, 2018, the Court held a readiness conference. At that time, Barnhard requested that the trial be conti...

Excerpt: ...aylor Living Trust of 2014, El‐Do, Inc., James Traylor, Catherine Winter, Brady Winter (collectively “Traylor/Winter Defendants”), David Crabtree, Home and Ranch Sotheby's International Realty (collectively “Realty Defendants”) and Farm Credit West. This action arises from Plaintiff's purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, Californi...

Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...

Excerpt: ... 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 to collectively). The first is a larger p...

Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...

Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...

Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...

Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...

Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...

Excerpt: ..., Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to their respective properties f...

Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...

Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...

Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...

Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...