Excerpt: ...es of action for: (1) Negligence; (2) Dangerous Condition of Public Property; (3) Wrongful Death; (4) Survival Action; and (5) Bystander Recovery of Emotional Distress. Caltrans is named as a defendant in each of the five causes of action. The FAC alleges on January 9, 2023, extreme weather conditions “created flooding on San Marcos Creek at or near the road crossing of San Marcos Road and Wellsona Road.” (FAC, ¶ 11.) The FAC states on that ...

Excerpt: ...w (Dr. Shaw), and J. Shaw (Sergeant Shaw). On November 14, 2024, the Court (1) struck the second cause of action and the claims against Sergeant Shaw because the new allegations exceeded the scope of the Court's prior order granting leave to amend; (2) sustained the demurrer to the first cause of action without leave to amend as to ASH only; and (3) granted the motion to strike paragraphs 18 through 24 as improper supplemental allegations. The su...

Excerpt: ...plaint for breach of contract against Plaintiffs. (Declaration of Sarah M. Antony (Antony Dec.), Ex. D.) The proposed cross -complaint alleges that Plaintiffs breached their lease by failing to pay rent when due and failing to obtain and keep liability insurance. (Ibid.) Defendants' counsel declares that Defendants acted in good faith and that the delay in filing the cross -complaint was because Defense counsel was still looking into its viabilit...

Excerpt: ...9, 2023, extreme weather conditions “created flooding on San Marcos Creek at or near the road crossing of San Marcos Road and Wellsona Road.” (FAC, ¶ 11.) The FAC states on that same day, Lindsy Doan was driving on San Marcos Road and “drove her SUV through the crossing of San Marcos Road and Wellsona Road,” at which point “water from San Marcos Creek quickly carried [her] SUV into the overflowing creek adjacent to the roadway.” (FAC...

Excerpt: ...nt, he was injured on July 17, 2021 near 56 Prado Road “when he stepped on a broken and/or deteriorating manhole cover causing him to trip and fall, thereby causing Plaintiff to endure severe injury and pain.” (Compl., p. 6.) Plaintiff alleges causes of action for general negligence and premises liability. Now before the Court is Plaintiff's motion to amend the complaint to reinstate Prado as a Defendant. As outlined below, Plaintiff's claims...

Excerpt: ...ppointment of a partition referee and receiver to prepare the property located at 1015 Sycamore Drive, Arroyo Grande, CA, 93420 (the Property) for partition and sale under Code of Civil Procedure sections 872.120 and 873.010. Plaintiff alleges he and Defendant are siblings, and that on August 6, 2021, Plaintiff and Defendant received their respective interests in the Property as tenants in common. Plaintiff alleges he and Defendant each own an un...

Excerpt: ...lleged defects, including “transmission defects, engine defects, electrical defects, body defects, climate control defects, [and] infotainment defects.” On December 5, 2023, Plaintiffs served requests for production of documents (RFP) on GM. GM responded on January 4, 2024 and served verifications on May 2, 2024. Plaintiffs now move to compel further responses to RFP Nos. 1, 2, 3, 7, 8, 9, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 5...

Excerpt: ...ages, final wages not timely paid, non -compliant wage statements, and unreimbursed business expenses. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After mediation with Jeffrey P. Fuchsman, Esq., the parties have reached a settlement. Now before the Court is Plaintiff's unopposed motion for preliminary approval of the class action settlement, wherein P...

Excerpt: ...Patriot Plumbing and Drain Cleaning (Springer) and Tracy Ann Fairchild (Fairchild) on August 31, 2023. Springer filed a cross -complaint for indemnification and contribution against the Park Defendants on October 23, 2023. Plaintiffs own and reside in a mobile home in Nipomo. (Cmpl., ¶ 1.) The home is located in the Buena Vista Mobile Home Park at 499 W Tefft Street (the Park). Plaintiffs allege that on the evening of June 9, 2022, and the morni...

Excerpt: ...ss practices, and a ninth cause of action for civil penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. The parties have now settled and Plaintiff moves for an order granting preliminary approval of the proposed class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769, et seq. Specifically, Plaintiff seeks an order: 1. Granting preliminary approval of ...

Excerpt: ...., Ex. A.) The Asset Purchase Agreement attached to the complaint indicates that Defendants were to buy Plaintiffs' business, a restaurant, bar, and brew pub (the Restaurant). (Compl., Ex. A, p. 1.) The second cause of action alleges Defendants, as Borrowers and Guarantors, failed to pay two promissory notes and security agreements in favor of Ezzell, as lender. (Compl., Ex. B.) The first promissory note is dated August 1, 2022 and is in the sum ...

Excerpt: ... trial is scheduled to begin July 14, 2025. On September 28, 2023, both Defendants filed an answer to Plaintiffs' unverified complaint. At the time, Defendants were represented by counsel, Nicholas A. Rozansky and John R. De La Merced (defense counsel). On October 15, 2024, defense counsel filed motions to be relieved as counsel for both Defendants. A hearing on the motions to be relieved was set for December 5, 2024. On November 8, 2024, Plainti...

Excerpt: ...er generally denying all allegations and asserting affirmative defenses. This action has now been resolved, and on September 5, 2024, the Court preliminarily approved the parties' settlement. Now before the Court is Plaintiff's unopposed motion for final approval. The settlement class consists of 285 Class Members, defined as “all current and former non - exempt employees of Defendant who were employed by Defendant in the state of California at...

Excerpt: ...ation states: “MR CONNINE IS SAYING GONE? THERE ACCOUNTSOR CONTRACTS..HE NEVADA STATE TREASURY TRESERER HAVE PAPER TRAIL AND PEOPLE TRAIL AND WITNESS [sic].” Now before the Court is Defendant's motion to quash service of summons and complaint for lack of personal jurisdiction. (Code Civ. Proc., § 418.10(a)(1).) No opposition is on file. Legal Authority. “California courts may exercise personal jurisdiction on any basis consistent with the ...

Excerpt: ...d by Court order dated April 27, 2005 (QTIP Trust). Plaintiffs filed this lawsuit against Defendants REC Management, Inc. (REC) and Thomas Schulz (Schulz), individually, and in his capacity as Successor Trustee of the Laura Coats Revocable Trust Under Agreement dated March 1, 1990 (Laura's Trust), and as Executor of the Estate of Laura Rose Coats, aka Laura R. Coats, Deceased (Laura's Estate) (collectively, Defendants), alleging that in furtheran...

Excerpt: ...REG Property Management, Inc. (REG). Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) breach of governing documents (against all Defendants); (2) breach of fiduciary duties (against Singer, Willow Creek, Santa Lucia, and REG); (3) breach of covenant of good faith and fair dealing (against Singer, Willow Creek, Santa Lucia, and REG); (4) breach of covenant of quiet enjoyment (against all Defendants); (5) negligence (again...

Excerpt: ...aintiff alleges one cause of action civil penalties under the Private Attorneys General Act (PAGA) for various Labor Code violations. In her complaint, Plaintiff alleges she was employed by Defendant from December 2022 to June 26, 2023, and that she was classified as a non -exempt employee, paid on an hourly basis, and entitled to meal and rest period and payment of wages for time worked. (Compl., ¶ 7). Plaintiff alleges she and other employees ...

Excerpt: ...s, Case No. 2015 -CV -000055 (the Judgment). On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC (BKS Energy) and BKS Cambria, LLC (BKS Cambria or the LLC) (collectively the BKS Entities). Bernd is a member and the sole manager of the BKS Entities. Karin Schaefers (Karin), Bernd's now ex -wife, is the only other member of the BKS Entities. On June 3, 2...

Excerpt: ..., Inc.; and Singh AG Group, Inc2 alleging causes of action for (1) motor vehicle and (2) general negligence. On April 1, 2021, Ernesto Solano filed a lawsuit3 against Defendants Viticultural Management, Inc.; Big De Farms, LP; DJA Properties, LLC; Danjo, LLC; and Daniel Souza, alleging causes of action for (1) premises liability, (2) negligence per se, (3) negligence, and (4) negligent entrustment. On November 11, 2021, on the stipulation of the ...

Excerpt: ..., quantum meruit, common counts, and to enforce mechanics liens. On July 3, 2023, default was entered against defendant Smith and Company. On November 7, 2024, Smith and Company filed a motion to vacate and set aside the default entered against it on the grounds of the mistake and inadvertence of its attorney, Todd A. Amspoker, and based upon his declaration. Smith and Company attaches a copy of its proposed answer. (Ex. A.) Smith and Company mov...

Excerpt: ...smiss his class action allegations and stay the action pending the arbitration. Plaintiff opposes the motion. On August 16, 2017, Plaintiff was hired by Defendant as a Materials Handler 2 (renamed to Materials Expeditor and then to Inventory Control Specialist), a position he still holds. (Wharton Dec., ¶ 4.) As part of his employment with Defendant, Plaintiff entered into an arbitration agreement (the Agreement). (Id., Ex. A.) The Agreement is ...

Excerpt: ...of action for (1) unfair competition; (2) failure to pay overtime wages; (3) failure to pay minimum wages; (4) failure to provide required meal periods; (5) failure to provide required rest periods; (6) failure to reimburse employees for required expenses; (7) failure to provide accurately itemized wage statements; and (8) failure to provide wages when due. Defendants own and operate McDonald's restaurants in California. Plaintiff worked for Defe...

Excerpt: ... build an infinity pool on their property, as well as associated facilities, structures and appliances, including hardscape, gas and water lines, an outdoor cooking island and Bar -B-Que. (Cmpl., ¶¶ 10 -11, 14.) Construction began on November 3, 2021. (Id. ̧ ¶ 12.) The Grady Defendants contracted with Atkinson Concrete Construction, Incorporated (Atkinson) to construct and create the inner concrete shell of the pool using gunite and shotcrete...

Excerpt: ...erial Fact [UMF] 1.) In her complaint, Plaintiff alleges that she “was ascending the exterior steps within the subject premises. The lighting conditions at and near the steps were inadequate; the area was poorly lit and steps within the area were unmarked and defective. As Plaintiff ascended the exterior steps, she tripped on an unmarked and defective step thereby causing Plaintiff to endure severe injury and pain.” (UMF 2.) Now before the Co...

Excerpt: ...4, the Court entered CalPERS' default. At the case management conference on July 29, 2024, the Court set aside the default because the proof of personal service failed to “list a person who was served.” CalPERS filed an answer to the petition that same day. Petitioner thereafter filed a Motion for Opposition Setting Aside the Default Order & Request for Continuance. The continuance request asked that the hearing be set “for anytime in Janua...