Excerpt: ...Petitioner now brings its petition seeking to compel the District to arbitrate a dispute regarding a disciplinary action taken by the District against a Union member, Andrew Kranes (Kranes), pursuant to a collective bargaining agreement (CBA) between the Union and the District. (Petition, Ex. A.) Kranes filed a Level One and Level Two grievance under the CBA in regard to the disciplinary action, namely a Letter of Reprimand dated September 22, 20...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

Excerpt: ...rial or supervisory position at FDI's Morro Bay location, and that on July 7, 2020, Carroll ordered Plaintiff, who was patronizing the FDI's premises, to leave the store. (FAC, ¶¶ 7, 9,10.) The FAC further alleges that Carroll then followed Plaintiff out to the parking lot and attacked him. (FAC, ¶ 10.) The FAC seeks to hold FDI liable for Carroll's actions based on the rule of respondeat superior. (FAC, ¶ 8.) The rule of respondeat superior ...

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: ... by Accessor's Parcel Number 017‐041‐036 in San Luis Obispo (“Property”). Pavao originally took title with Michael Szulborski (“Szulborski”), unmarried, on April 5, 2019. (Complaint ¶ 4.) At the time, Pavao and Szulborski were in a long‐term relationship but are no longer. (Id.) Pavao and Szulborski purchased the vacant land with the intention of establishing a cannabis farm. (Id.) Pavao put in the funds and was 80% owner while Szu...

Excerpt: ...ow moves pursuant to Code of Civil Procedure section 708.610, et. seq., to appoint a receiver for the purpose of transferring Rabbit Ridge's interest in two liquor licenses and for an order applying the proceeds from the sale of the licenses. The motion was served by mail on Rabbit Ridge by Leroy Codding, its registered agent and CEO. No opposition is on file. The Court grants Aggreko's Request for Judicial Notice (RJN) of the judgment in this ma...

Excerpt: ...es pursuant to Code of Civil Procedure section 437c for summary judgment on the complaint or in the alternative summary adjudication as to damages and each of the causes of action. Plaintiff opposes the motion. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding if it is contended that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a)(1).) A party may, in the alter...

Excerpt: ... the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher a...

Excerpt: ...s Mondragon and Jiminez, dba Paradise Grill (“Lessee”) leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $194,663.20. Now before the Court is Plaintiff's Application for the Right to Attach Order and Order for Issuance of Writ of Attachment (“Application”) a...

Excerpt: ...ia. No response was filed, and default was entered against Defendant on June 14, 2022. Defendant now brings a motion to set aside the default pursuant to Code of Civil Procedure section 473, subdivisions (b) and (c), and section 473.5. The motion was filed within six months after the entry of default. Defendant's motion and supporting documents were properly served by mail on August 29, 2022. No opposition was filed. Defendant declares that altho...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

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: ...ants' special motion to strike pursuant to Code of Civil Procedure section 425.16 (“anti‐SLAPP statute”) and dismissed the matter. Now before the Court is Defendants' motion for mandatory attorney fees and costs pursuant to Code of Civil Procedure 426.16(c).1 Under this section, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th.1122, 1131‐32.) Thus, ...

Excerpt: ...ot 1), which is located in a neighborhood known as Spanish Lakes (the Development). The Development is subject to both the Davis‐ Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.; the Davis‐Stirling Act) and a Declaration of Covenants, Conditions and Restrictions, which was recorded in December 1999 (the CC&Rs). (Cmp., Ex. 1.) The Association exists to serve the Development, and the Water Company provides water to the Deve...

Excerpt: ...erson, Deceased v. John Crane, Inc. (Circuit Court of Cook County, Illinois, Case No. 2019‐012850) (the Illinois Action). In the Illinois Action, the plaintiff alleges that the decedent, Bruce Torgerson (“Decedent”), was exposed to asbestos from the acts and omissions of various companies, including John Crane, Inc., the petitioner in the instant action (“Crane”). (Petition p. 2.) Crane contends that Decedent's exposure to asbestos and ...

Excerpt: ...nt on June 28, 2021 (TAC). In May 2022, the Court sustained Scott's demurrer, without leave to amend, as to all the causes of action in which he was named as a defendant in the TAC. Scott filed a Memorandum of Costs on June 8, 2022, in which he seeks total costs of $33,678.92. Plaintiffs move to strike or tax those costs. No opposition has been filed despite proof that the motion was served electronically on Scott's counsel. 2 The Court rules as ...

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: ...executed a 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 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. Currently befo...

Excerpt: ...ace at McLintock's. Plaintiff alleges Breig, who was employed by McLintock's, was one of his assailants. Plaintiff brings causes of action for 1) negligence; 2) premises liability; 3) negligent hiring; and 4) intentional tort.1 Defendant Breig moves for summary judgment on all claims against him. The Court grants Breig's request for judicial notice of the complaint and answer filed in this matter. Breig's evidentiary objections to the declaration...

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: ...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: ... 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: ...tiff alleges that on this date, a murphy bed in her room was negligently maintained and set up so that a bar was sticking out into a pathway. Plaintiff alleges she tripped over this bar, suffering three pelvic fractures which required hospitalization. Plaintiff alleges she has constant pain, uses a cane, and has sustained medicals of more than $100,000. On May 8, 2020, a registered process server served both Defendants with the summons, complaint...

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: ...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: ...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: ... 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: ... before the Court is Defendants' demurrer or in the alternative motion to stay on the grounds that another action is currently pending and that the primary rights doctrine prohibits Kimball from splitting a cause of action and maintaining two separate lawsuits. Defendants allege that Plaintiff only filed the Second Action because the parties could not agree on allowing Plaintiff to file an amended complaint in a different pending action. Plaintif...

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: ...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: ..., and specifically a sum of $60,000 rent paid in advance. Plaintiff alleges Defendants misrepresented or concealed various conditions, including that they were subtenants and not authorized to sublease. On May 7, 2021, Plaintiff filed proofs of personal service of the summons, complaint and related documents on Dugan, Eagle Oak and Raylyn Farms. The documents were served by a registered process server on April 5, 2021. No response was filed or se...

Excerpt: ...y evidentiary hearing, on August 1, 2022, this Court (Hon. Hernaldo J. Baltodano, presiding) issued a ruling in Petitioners' favor, ordering a three‐year civil harassment order against Respondent. On August 23, 2022, Petitioners filed a cost memorandum seeking $7,660.70 in costs. Now before the Court is Respondent's motion to tax costs. Respondent first argues that Petitioners' memorandum of costs is untimely. A memorandum of costs must be serv...

Excerpt: ...tiff alleges that Jefferson is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the Property) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the Fence) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document N...

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: ...sing the action under the conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6 (the Order). The Order provides that: The court hereby approves the settlement of the parties and orders that judgment be entered upon the application of plaintiff pursuant to stipulation in the event the defendant shall default on any of the terms of the settlement as set forth in the stipulation. Plaintiff's a...

Excerpt: ...s of record in the amount of $2,205. Ford opposes the motion. Plaintiff served his first set of requests for production (RFPs) on May 17, 2022. (Declaration of Armando Lopez (Lopez Dec.), ¶ 3; Ex. A.) On June 16, 2022, Ford served responses. (Id., ¶ 4; Ex. B.) Plaintiff contends the responses were not code‐ compliant, contained numerous objections, and failed to include a production of documents. (Ibid.) On June 27, 2022, Plaintiff initiated ...

Excerpt: ...ner in a personal injury action against the other driver (Case No. 18CVP‐0338).1 The personal injury action ultimately settled for $37,000. CCPMS and Galileo asserted liens, totaling $23,475.36, against the settlement proceeds. After payment of attorney's fees and costs, Harris currently holds $16,165.02 in her client trust account. In light of the competing claims, Harris filed this complaint in interpleader on April 20, 2022, against CCPMS, G...

Excerpt: ...d against Defendants on December 27, 2021. On January 12, 2022, a default judgment was entered against Defendants. An amended judgment was filed on February 1, 2022 and notice of entry of judgment was filed and served on Defendants on February 2, 2022. On March 21, 2022, Defendants filed a motion to set aside the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b), on the grounds of excusable neglect. Pl...

Excerpt: ...on for declaratory relief and quiet title. On May 2, 2019, Eureka filed a cross‐complaint against Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for declaratory relief and quiet title. 1. The Parties The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee,1 for use of the ...

Excerpt: ... (Business and Professions Code section 17200, et. seq.). Plaintiff moved for summary adjudication. The Court granted summary adjudication of the first two causes of action for civil penalties under Labor Code section 226, subdivision (f) [payroll records], and Labor Code section 1198.5, subdivision (k) [personnel records], as well as Plaintiff's claim for attorney fees and costs under Labor Code section 1198.5 pursuant to motion. The Court denie...

Excerpt: ...court places its imprimatur when submitted to the clerk for entry. [Citation.]” (Efstratis v. First Northern Bank (1997) 59 Cal.App.4th 667, 672 (Efstratis).) The Confession of Judgment was accompanied by the required declaration of counsel confirming he had advised his clients, Nicola Allegretta and Carmen Escobeda (Defendants), of the waiver of their rights and defenses under the confession of judgment procedure. (Merzon Supp. Decl., ¶ 2; Co...

Excerpt: ...26, 2022 after the Court sustained, in part, Defendant Puckett's demurrer. A hearing on the Plaintiff's motion for preliminary injunction was held on July 12, 2022 at which time the Court denied the Plaintiff's motion. Now before the Court is Plaintiff's motion for reconsideration pursuant to Code Civil Procedure section 1008. Under that section, a party affected by a prior court order “may, within 10 days after service upon the party of writte...

Excerpt: ...ed the demurrer as to the defamation claim and granted leave to file an amended complaint against Puckett for intentional infliction of emotional distress. On April 26, 2022 Plaintiff filed her First Amended Complaint (FAC). The FAC outlines the escalating feud between the parties regarding noises alleged caused by roosters, dogs and explosives kept or used by Defendants. As a result of the ongoing conflict, Puckett3 and Beltran III4 both obtaine...

Excerpt: ... Trust UDT dated 2/27/01, and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiff's Motion for Temporary R...

Excerpt: ...2022, Daniel's wife, Kristin Ciecek, filed a CHRO request against Ingham (San Luis Obispo Superior Court Case No. 22CV‐0072). ‐ On February 22, 2022, Ingham filed a CHRO request against Daniel (San Luis Obispo Superior Court Case No. 22CV‐0085). On April 25, 2022, after two days of hearings, the Court denied Ingham's request for a restraining order and granted Kristin's request for a restraining order. The Court issued a three‐ year restr...

Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...

Excerpt: ... appear at a case management conference. As a result, the Court set an OSC re Dismissal for hearing on September 14, 2021. On May 24, 2021, Plaintiff filed an ex parte Application for Writ of Possession and a request for a TRO. At a hearing conducted on July 6, 2021, the Court found that Plaintiff had established the probable validity of his claim to possession of the Jeep, and probable cause to believe it was located at Defendant's property in A...

Excerpt: ...lileo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed...

Excerpt: ... to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his s...

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: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...

Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...

Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...

Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...

Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...

Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...

Excerpt: ...eo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed hi...

Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...

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: ...adero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is “a public entity.” Despite two c...

Excerpt: ...r part of a tree when the lift came into contact with an electrical wire. (FAC, ¶¶ 1, 10.) The contact caused electric current to pass through his body causing him injury. (FAC, ¶ 1.) The incident took place on November 23, 2019. (FAC, ¶ 10.) The FAC names PG&E as a defendant in the fourth (strict liability), fifth (loss of consortium), and sixth (negligence) causes of action. Before the Court is PG&E's demurrer to the fourth cause of action....

Excerpt: ...��) is attached to the Petition. “[I]n the absence of the administrative record, the sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.” (Caveness v. State Personnel Bd. (1980) 113 Cal.App.3d 617, 630.) I. BACKGROUND On March 31, 2021, the District sent a Notice of Intended Disciplinary Action – Termination to Crawford, which included an investigati...

Excerpt: ...xecuted a 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 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. Currently befor...

Excerpt: ... the Court is Plaintiff's motion to compel Williams to appear at second deposition and request for monetary sanctions in the amount of $4,500.00. Legal Authority “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code...

Excerpt: ...duce documents and for monetary sanctions in the amount of $4,500 against Guimaraes and/or his counsel. Discussion At the outset, it is unclear to the Court to which set of discovery Plaintiff seeks further responses and responsive documents. Plaintiff first outlines requests for production that were served on the Guimaraes Defendants (one to Guimaraes, and one to Central Coast Behavioral Health) on February 8, 2021. To the extent Plaintiff seeks...

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: ...itioner's motion for issuance of peremptory writ of mandate. Petitioner's four causes of action under the Fair Employment and Housing Act (FEHA) remain at issue. Petitioner sought an order addressing the remedy to be awarded on the writ. On June 16, 2022, the Court heard oral argument from the parties regarding their respective positions. At this hearing, Respondents argued that the Court should not enforce the writ and award until a final judgme...

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: ...inst Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement, and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to v...

Excerpt: ... advantage, and (5) preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Martinez and PS filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions C...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...reement entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expung...

Excerpt: ...ntiff alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff moved for an order compelling the deposition testimony of Thanom, or alternatively for an order compelling the production of Thanom's contact information, namely his home address, so that he can be subpoenaed, o...

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: ...re section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to vacate the dismissal and Motion for Entry of Judgment Under the Terms of the Stipulated Settlement. No opposition has been filed despite proof of service showing timely service at Defendant's address of rec...

Excerpt: ... amended cross‐complaint (FACC) on November 1, 2017. The FACC alleged fraud and misrepresentation, as well as common counts for nonpayment on two loads of firewood. Trial took place in May 2021, and the Court issued a Final Statement of Decision on January 14, 2021. On January 31, 2021, the Court entered judgment in favor of SMR on both the complaint and the FACC. Judgment on the FACC was limited to the second cause of action (a common count fo...

Excerpt: ...ent entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expunge th...

Excerpt: ... condemnation. Plaintiff alleges that it has incurred damages, including remediation costs in excess of $200,000. (SAC ¶ 13.) Plaintiff alleges that it is the owner of real property consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (“Highway”), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Plaintiff inte...

Excerpt: ...at Templeton Surgery Center. On October 3, 2020, the two actions were consolidated. On December 1, 2020, Plaintiff dismissed Templeton Surgery Center with prejudice. Now before the Court is Dr. Bolivar's motion for summary judgment. The Court is not in receipt of an opposition; a proof of service is on file. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the ...