Excerpt: ...8490; defects requiring the updating and/or reprogramming of the power steering control module (“PSCM”), transmission control module (“TCM”), and/or electronic brake control module (“EBCM”); defects causing shuttering; defects causing the failure and/or replacement of the torque converter; defects causing a vibration at highway speeds; defects causing a vibration upon acceleration; defects causing a hesitation upon acceleration; defec...

Excerpt: ...ication for preferential trial setting under Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defen...

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015 -CV -000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31 -page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court deni...

Excerpt: ...f December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high- performance recreational vehicle. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza -Alvar...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...ed Mathis to provide partial responses without objections by May 31, 2023, and full responses by June 30, 2023. Mathis served responses on June 30, 2023. Natali states the responses include objections. Her counsel sent a meet and confer letter on August 3, 2023. Over the next several months, Mathis' counsel represented that he was working on replying to the meet and confer letters and supplemental responses. (See Declaration of Jonas Bailey ISO M...

Excerpt: ...bjections to each of the RFPs. Natali moved to compel further responses to the RFPs, which the Court granted, ordering further responses be served by Friday, July 28, 2023. On August 4, 2023, Natali belatedly served supplemental responses. Natali contends that the supplemental responses are insufficient, and seeks evidence and issue sanctions against Mathis, as it relates to RFP Nos. 24 -33, 40, 50- 54, 58-59, 65, 78, 97- 98, 177, 181 -182, and 1...

Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...

Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...

Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ...process is essential to establish personal jurisdiction.' [Citation.]” (Kremerman v. White (2021) 71 Cal.App.5th 358, 371.) The statutory procedures for effective service of process are set forth in Code of Civil Procedure section 415.10 et seq. “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such deliv...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ... and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was n...

Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...