Excerpt: ... Agreement will outline the respective responsibilities for the payment of such maintenance and repairs.” (Compendium of Exhibits in Support of Cross -Complainants' Motion for Summary Adjudication (“Exhibits”), Exh. A, p. 1.) The owners later amended the Agreement to provide reciprocal easements to one another. (Exhibits, Exh. B, ¶ 15.) As used in this ruling, “Agreement” shall refer to the Road Maintenance Agreement as amended. Defend...

Excerpt: ... Demurrer and Motion to Strike portions of the FAC. Defendant served the Demurrer on Plaintiff by electronic mail on March 12, 2025. Defendant served a Notice of Hearing of the Demurrer on Plaintiff by electronic mail on March 14, 2025. Defendant served the Motion to Strike on Plaintiff by electronic mail on March 12, 2025. Defendant served a Notice of Hearing of the Motion to Strike on Plaintiff by electronic mail on March 17, 2025. Plaintiff ha...

Excerpt: ... debt from Defendant's wife, Dorothy Lukacs, who is not a debtor. Defendant and Dorothy Lukacs have been married since 2017 and were married when the debt was incurred. (Mello Decl., ¶ 8). Plaintiff seeks an order allowing it to garnish Dorothy Lukacs's wages. Dorothy Lukacs opposes the motion on the ground that her wages are separate property because she and Defendant signed a Postmarital Agreement to that effect. (Exhibit A to the Declaration ...

Excerpt: ...nd amended complaint, which added Michelle Hernandez as a plaintiff. Rose and Hernandez (Plaintiffs) report the litigation has settled and move for preliminary approval of the Settlement Agreement (the Agreement). (Code Civ. Proc., § 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiffs seek an order: (1) preliminarily approving the Agreement; (2) certifying a class for settlement purposes; (3) appointing Plaintiffs as the class repres...

Excerpt: ...ld receive a $1,000,000.00 signing bonus. (Cmpl., p. 3.) Now on calendar are Plaintiff's motions to disqualify Defendants' counsel and to quash a deposition subpoena. The parties are directed to bookmark their electronic exhibits in future filings with the Court. (Cal. Rules of Court, rule 3.1110, subd. (f)(4).) Motion to Disqualify Plaintiff moves pursuant to Business and Professions Code section 6068, subdivision (e) and Rules of Professional C...

Excerpt: ...wo admissions she made in response to Requests for Admissions, Set No. 1, propounded by Noell, on the ground that the admissions are the product of mistake or inadvertence by her attorney. Noell and Belen oppose the motion on the grounds that the motion is not supported by sufficient evidence of mistake or excusable neglect, and Plaintiffs will be substantially prejudiced if the admissions are withdrawn. Plaintiffs request that if the motion is g...

Excerpt: ...civil penalties under the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) (“PAGA”). Defendants have filed a demurrer to the PAGA complaint on the ground that it fails to state a cause of action because Plaintiff does not allege an individual PAGA claim. Plaintiff opposes the demurrer arguing that there is no precedential authority requiring an individual PAGA claim, and the allegations of the complaint are sufficient to sta...

Excerpt: ...ith the FAC on May 19, 2023, and served Henderson with the FAC on August 17, 2023. Anagram and Henderson (Defendants) filed an “Answer to Plaintiffs' Unverified Complaint” on September 28, 2023.1 At the time, Defendants were represented by Nicholas A. Rozansky and John R. De La Merced (defense counsel). On December 5, 2024, the Court granted defense counsel's motion to be relieved as counsel. A month prior, on November 8, 2024, Plaintiffs fil...

Excerpt: ...t trial to begin on May 25, 2025. At a status conference on January 27, 2025, Defendant requested a trial continuance so it could file a motion for leave to file a cross -complaint. The Court continued the trial date to August 20, 2025, due to a conflict on the Court's calendar. Currently on calendar is Defendant's motion for leave to file a cross -complaint. Defendant reports after conducting discovery, it determined that other persons have pote...

Excerpt: ... written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross -complaint against Erich Russell and Joanne Russell (collectively the Russells). On March 1, 2023, the Russells filed a cross -complaint against various Cross -Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of America, N.A. ...

Excerpt: ...r was filed she had not received any respond. (Declaration of Carol M. Silberberg, ¶ 2.) Plaintiff contends that Sony's meet and confer efforts were insufficient. Sony responds in reply, contending that in Plaintiff's multiple Court filings he has identified no facts that he could allege to support a claim against Sony. After the demurrer was filed, Sony's counsel exchanged numerous emails with Plaintiff attempting to understand and clarify his ...

Excerpt: ... Request for Judicial Notice1 [RJN], Ex. 1.) JPLP alleged that Szulborski and Van De Sande owed $456,613 as guarantors of a commercial lease agreement between JPLP and ABC. On December 18, 2020, JPLP filed a proof of service indicating that Szulborski was personally served with the summons and complaint on November 17, 2020. (RJN, Ex. 2.) On January 25, 2021, default was entered against Szulborski on JPLP's request; the request for entry of defau...

Excerpt: ...ctronic service on Defendants' counsel.2 The Court may allow the amendment of any pleading at any time in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The Court's discretion is to be exercised liberally to permit amendment of pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion is timely and does not prejudice the opposing party, it is error to refuse perm...

Excerpt: ...P motion was denied the California Supreme Court issued opinions that resulted in reversal on appeal. On remand the anti -SLAPP motion was granted. On July 6, 2023, Dignity was awarded $82,551.50 in fees pursuant to motion. Mounts appealed the order granting the anti -SLAPP motion. The Court of Appeal affirmed the order in full in a published opinion, Dignity Health v. Mounts (2024) 105 Cal. App. 5th 113 (Mounts II).1 The opinion states that Dign...

Excerpt: ...ced, there were competing conservatorship petitions filed by Ms. Sanfilippo and Ms. Thomas pending in the probate case. Ms. Sanfilippo filed this petition under Welfare & Institutions Code Section 15657.031 seeking an Elder Abuse Restraining Order to restrain Ms. Thomas from having contact with Ms. Kulchin. A temporary protective order was granted and at the hearing on the matter both Ms. Sanfilippo and Ms. Thomas were represented by experienced ...

Excerpt: ...ate on May 8, 2024 (the Amended Petition). The Amended Petition names California State Lands Commission (State Lands), the California Coastal Commission (the Coastal Commission), and the California State Water Resources Control Board (the Water Board) as respondents. The dispute centers around three offshore wind leases issued by the Bureau of Ocean Energy Management (BOEM) to Atlas Wind, LLC also known as Equinor (Equinor), Golden State Wind, LL...

Excerpt: ...vice is on file, evidencing that Defendant was personally served with the lawsuit on December 4, 2023. On January 30, 2024, default was entered against Defendant. This Court entered judgment in the amount of $2,234.00 on October 31, 2024. Now before the Court is Defendant's motion to vacate the default and default judgment. The Court is not in receipt of an opposition; a proof of service is on file. Defendant argues relief from default is warrant...

Excerpt: ...below, the Court denies the motion. A. LEGAL STANDARD Summary judgment is proper when there are no triable issues of material fact and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) In ruling on a motion for summary judgment, the court must view the evidence, and the inferences reasonably drawn therefrom, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2...

Excerpt: ...ainst Plaintiff (San Luis Obispo Superior Court Case No. 21CV -0661), and Plaintiff's unsuccessful request for a domestic violence restraining order1 (DVRO, San Luis Obispo Superior Court Case No. 22FL - 0113). On November 15, 2023, Plaintiff filed this lawsuit against the City of Pismo Beach (the City). The City responded by filing a demurrer and motion to strike. On April 10, 2025, the Court sustained the City's demurrer without leave to amend....

Excerpt: ..., San Luis Obispo Superior Court Case No. 22FL -01131 ). Plaintiff appealed the DVRO denial; on December 19, 2023, the Second District Court of Appeal affirmed the trial court's denial of her DVRO request. On September 13, 2023, Plaintiff filed three nearly identical lawsuits against Defendant, San Luis Obispo Superior Court Case Nos. 23CV -0520, 23CV -0522, and 23CV -0523. This ruling pertains to 23CV -0520. Defendant responded to the lawsuit by...

Excerpt: ... (collectively with Serna, Plaintiffs). Plaintiffs and Defendant reached a settlement, which the Court preliminarily approved on January 23, 2025. At the time, the Court also preliminary approved the following class definitions: • The agreement defines the “Class” as “all current and former hourly -paid and non - exempt employees who worked for Defendant within the State of California at any time during the Class Period.” The class peri...

Excerpt: ...intiff's Requests for Production of Documents, Set One (6) Motion to Compel Hiroko Dunn's Responses to Plaintiff's Requests for Production of Documents, Set One (7) Motion for Order That Matters Be Deemed Admitted With Respect to Plaintiff's Request for Admissions, Set One, to James Dunn (8) Motion for Order That Matters Be Deemed Admitted With Respect to Plaintiff's Request for Admissions, Set One, to Hiroko Dunn Date: May 28, 2025 On April 22, ...

Excerpt: ...the FAC on the grounds that the action is barred by the one -year statute of limitations set forth in Code of Civil Procedure section 340.5. Plaintiffs oppose the motion. I. Legal Standard A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c, subd. (a)(1).) Defendants, as the moving parties, have the initi...

Excerpt: ...t One (RFP) on Neil Roberts (Roberts). (Declaration of Yanyan Yan (Yan Dec.), ¶ 3; Exs. 2, 3.) Plaintiff received Robert's responses on February 6, 2025. (Id. ̧¶ 5; Ex. 4.) Plaintiff's counsel found the responses deficient and met and conferred with Robert's counsel. (Id., ¶ 5 -6.) While Roberts produced some documents in response to RFP 20 only, the parties did not come to an agreement. Plaintiff now moves pursuant to Code of Civil Procedure...

Excerpt: ...arranty contract which covers the Subject Vehicle. The complaint alleges generally the Subject Vehicle suffered defects “including but not limited to, sensing defects, engine defects, transmission defects; among other defects and non - conformities.” (Cmp., ¶ 10.) In addition to breaches of the Song -Beverly Act, the complaint alleges Honda committed fraud by inducing Plaintiff to purchase the Subject Vehicle without informing her the Honda ...

Excerpt: ... are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2; see also, Code Civ. Proc., § 1281.)” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 98 (Armendariz).) In deciding arbitrability of a controversy, the court determines (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompas...

Excerpt: ...ut leave of court at any time after a demurrer is filed but before the opposition to the demurrer is due. Plaintiff filed a first amended complaint (FAC) on March 24, 2025 – two court days after the opposition deadline. A plaintiff may file an amended complaint after that deadline but only upon stipulation of the other parties. Defendants objected to the amended complaint reporting they did not stipulate to its late filing. The Court therefore ...

Excerpt: ...on of medical care for Ms. Porter. On December 13, 2023, Defendant CommonSpirit Health, dba French Hospital Medical Center's (CommonSpirit) motion for summary judgment in its favor was granted. Although CommonSpirit's motion for summary judgment was granted, no judgment or dismissal has been entered. In January 2024, Plaintiffs agreed to a settlement of their claims with CommonSpirit and Defendant Rajan Patel, M.D. (Settling Defendants), in the a...

Excerpt: ...s filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The lawsuit arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arroyo Grande, CA (the Property). Gabriel, Koenig, Downey, and A.G. Harvest were formerly represented by Michael McMahon. On January 7, 2025, these parties filed substitutions of attorney, indicating Mr. McMahon ...

Excerpt: ...ced, there were competing conservatorship petitions filed by Ms. Sanfilippo and Ms. Thomas pending in the probate case. Ms. Sanfilippo filed this petition under Welfare & Institutions Code Section 15657.031 seeking an Elder Abuse Restraining Order to restrain Ms. Thomas from having contact with Ms. Kulchin. A temporary protective order was granted and at the hearing on the matter both Ms. Sanfilippo and Ms. Thomas were represented by experienced ...

Excerpt: ... April 28, 2025. In the interim, on March 21, 2025, the Court gave notice of its intent to deem William and Dr. Powers to be vexatious litigants under Code of Civil Procedure section 391.7(a).1 Dr. Powers and William oppose the motion. For the reasons set forth below, the Court deems both vexatious litigants. I. DISCUSSION A court, on its own motion, may “enter a prefiling order which prohibits a vexatious litigant from filing any new litigatio...

Excerpt: ... and other statutes, including: (1) discrimination; (2) harassment; (3) retaliation; (4) retaliation; (5) retaliation; (6) failure to prevent discrimination, harassment, and retaliation; (7) assault; (8) battery; (9) violation of the Ralph Civil Rights Act; (10) violation of the Bane Civil Rights Act; (11) wrongful termination in violation of public policy; (12) failure to pay wages due; (13) failure to pay overtime compensation; (14) failure to ...

Excerpt: ...tiffs Geoffrey Crenshaw and Bonnie Crenshaw filed a lawsuit against Defendants Opolo Management, LLC; Opolo Wines, L.P.; Opolo Vineyards, Inc.; Nichols Vineyards, Inc.; Richard L. Quinn; and David Nichols. The complaint alleges causes of action for general negligence and premises liability. Plaintiffs allege they each fell and suffered injuries in different locations while visiting the Inn at Opolo (the Inn) and the Opolo Winery (the Winery) in P...

Excerpt: ...ted California Business and Professions Code, section 6068, subdivision (d), an order referring this matter to the California State Bar of California and the Ventura Police Department for investigation and follow -up. Plaintiff further seeks an award of his costs in an amount to be proven. Plaintiff submits a two -part declaration with exhibits in support of his motion. Business and Professions Code section 6068, subdivision (d)1 , provides that ...

Excerpt: ....) Plaintiff alleges injuries including but not limited to his head, eye contusions, concussion, traumatic brain injury, lumbar injuries. (Ibid.) Defendant now moves pursuant to Code of Civil Procedure section 2032.310, et seq., to compel Plaintiff to appear for a mental exam consisting of a combined three -part two -day neuropsychiatric and psychological medical exam. Defendant seeks to have the mental examination occur in San Francisco, at a mu...

Excerpt: ...(a)(2) and (a)(3). Section 3333.4 prohibits recovery of non -economic damages for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages where the injured person was not insured as required by the State of California's financial liability laws. Plaintiff opposes the motion, contending there are triable issues of material fact. I. Legal Standard A party may move for summary adjudication of one or more af...

Excerpt: ... Valerie Scott Mulholland (Plaintiff)'s request to file an amended complaint to substitute Ms. Mulholland as Decedent's successor in interest because Decedent died on August 3, 2024. In the amended complaint, Plaintiff alleges Decedent was a former resident of Garden View Inn who resided at Annette Cottage, 725 Pine Street, Paso Robles, CA 93446. (Am. Compl., ¶ 1.) Plaintiff alleges that Defendant Flenay USA LLC (Flenay) is a Hawaii corporation ...

Excerpt: ...ces, 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 the Settl...

Excerpt: ...ndants: Stephen Shaw (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; and (3) granted the motion to strike paragraphs 18 through 24 as improper supplemental allega...

Excerpt: ...Plaintiff served written discovery on December 1, 2023, and provided extensions for responses through September 12, 2024. At the time of filing these motions to compel (April 1, 2025), Defendant had not yet served responses. Defendant opposes the motions arguing (1) Plaintiff failed to meet and confer after “the discovery stay on October 10, 2024”; (2) Plaintiff lacks standing; and (3) Defendant served objections and “compliant responses wh...

Excerpt: ...on for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) open book account, (4) account stated, and (5) quantum meruit. The lawsuit centers around mold and water damage suffered by Defendants at their Morro Bay restaurant, Wee Shack, which sustained extensive flooding in winter 2023. Envirotec alleges it entered into a contract with Defendants whereby Envirotec performed cleaning and restoration services a...

Excerpt: ... her right leg and right wrist. The County now moves for summary judgment on the complaint or, in the alternative, summary adjudication of each of Plaintiff's two causes of action. Plaintiff opposes the motion. I. Legal Standard “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Ca...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing, (3) open book account, (4) account stated, and (5) quantum meruit. The lawsuit centers around mold and water damage suffered by Defendants at their Morro Bay restaurant, Wee Shack, which sustained extensive flooding in winter 2023. Envirotec alleges it entered into a contract with Defendants whereby Envirotec would perform cleaning and restoration services at Wee Shack. Envirotec alleg...

Excerpt: ...June 24, 2022. Defendant responded to the action by filing this motion seeking to compel arbitration under both the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (the FAA) and the California Code of Civil Procedure (§ 1280 et seq.). For the reasons set forth below, the Court grants the motion. I. LEGAL STANDARD “[U]nder both federal and California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as ...

Excerpt: ...8, 2024, Plaintiffs served a first set of discovery requests. In response to special interrogatory No. 23, Defendant reported its shift manager “phoned 911, requested medical assistance for Plaintiff, prepared an incident report and notified the manage [sic] that an incident had occurred.” In response to the request to produce the referenced report, Defendant objected on grounds of attorney -client privilege and attorney work product doctrine...

Excerpt: ...ectrical defects, battery defects; among other defects and non -conformities.” (Compl., ¶¶ 10, 15.) Now before the Court is Defendants' motion to compel Plaintiff's deposition. A review of the papers indicates the parties have not adequately met and conferred. Defense counsel has noticed the Plaintiff's deposition on several occasions; on each occasion, defense counsel has requested that Plaintiff's counsel advise if the noticed date will not...

Excerpt: ...rding a 2021 Quitclaim Deed under which Sorensen attempted to quitclaim her interest in the Property to James Cerny. The Title Report stated: For insurance purposes, the Company will require that an affidavit, executed by the above grantor a [sic] and acknowledged by a notary known the Company, be submitted to the Company for review and approval in order for the Company to show title vested in the above -named grantee. Said affidavit will be prov...

Excerpt: ... now seeks summary judgment based in part on those admissions. No opposition has been filed. The Court grants Wells Fargo's motion. As the moving party, Wells Fargo 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, subd. (c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Wells Fargo makes this ...

Excerpt: ...wnership of the Estate's assets.” (App., p. 3, ll. 23 -24.) The Court denied George's petition for removal in an Amended Judgment issued on February 11, 2025. The Court found the relationship between Paul and the decedent “did not have to be biological for Paul to establish parentage under the Uniform Parenting Act. [Citation.]” (Am. Judg., p. 2, ll. 10 -12; see also Prob. Code, §§ 6450, 6453.) The Court further found, “George failed to...

Excerpt: ...d by a telephonic meet and confer. (Declaration of Lily Khosrowpour, ¶¶ 4, 5.) Plaintiff opposes the demurrer. I. Allegations of the Complaint This action arises out of the alleged failure by Defendants to provide people with disabilities the minimum required access to the TownePlace Suites in San Luis Obispo (the Hotel). (Cmpl., ¶ 1.) Plaintiff alleges that the Hotel is characterized by architectural barriers including, inter alia, inaccessib...

Excerpt: ...causes of action in the FAC on the ground that they fail to allege facts stating a cause of action and move to strike certain damages claims. Defendants' counsel met and conferred with Plaintiff's counsel in writing and via phone prior to filing the demurrer and motion to strike but the parties were unable to resolve the remaining issues. (See Declarations of Stephanie A. Bowen). Plaintiff opposes the motions. Allegations of the FAC Plaintiff had...

Excerpt: ...ber 2021, Plaintiff sold Holden 55.37 acres of land (the Property). Addendum No. 1 of the purchase agreement allegedly provided that the parties would “concurrently execute a lease of the land of Seller's planted trees and plants on approximately 15 acres” of the Property. (SAC, ¶ 6.) On April 6, 2022, Plaintiff and Volpi entered into an Agricultural Farm Lease Agreement (the Lease), granting Plaintiff the right to use six acres of the Prope...

Excerpt: ... in favor of Defendants on the grounds of: 1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (Code Civ. Proc., § 657, subd. (1)); 2) Insufficiency of the evidence to justify the decision, or the decision is against law (Code Civ. Proc., § 657, subd. (6)); and 3) Error in law, occurring at the trial and excepted to ...

Excerpt: ...for all hours worked, (2) failure to pay all minimum wages, (3) failure to pay overtime wages, (4) failure to provide and/or make available meal periods, (5) failure to authorize and permit rest periods, (6) failure to provide timely and accurately itemized wage statements, (7) failure to reimburse business expenditures, (8) waiting time penalties, and (9) unlawful business practices. Now before the Court is Defendants' motion to compel arbitrati...

Excerpt: ...through by Officer Patch of the California Highway Patrol. On May 9, 2024, Carroll filed a cross -complaint. Carroll named multiple cross -defendants in his cross -complaint, including California Department of Transportation (Caltrans), the California Highway Patrol, the City of Morro May, USA Triathlon of Colorado and the World Triathlon Corporation. Caltrans' demurrer to the entire cross -complaint was sustained with leave to amend. On October ...

Excerpt: ...onal service on July 29, 2024, at 263 Oceano View Avenue in Grover Beach, California. After Defendant failed to file a responsive pleading, her default was entered on September 10, 2024. In early November, Plaintiff filed paperwork for a default judgment. At the case management conference on November 14, 2024, Defendant appeared and informed the Court she had not been served with the Request for Entry of Default. Plaintiff served her with the Ent...

Excerpt: ... (PMWC). Five of Plaintiff's causes of action are alleged against defendant The Management Trust, a California Corporation (TMT): Plaintiff's fourth cause of action for breach of bylaws, fifth cause of action for waste, sixth cause of action for effluent discharge, seventh cause of action for negligence, and eighth cause of action for breach of fiduciary duty. TMT now demurs to the entire complaint as alleged against it and each of the five cause...

Excerpt: ... (3) Special Interrogatories, and (4) Requests for Production. Plaintiff failed to serve timely responses. Defendant's counsel provided several extensions but specifically stated she would not “stipulate to relieve Plaintiff of his waiver of objections for failure to timely respond.” (Villaescusa Dec., Exs. F, G.) Plaintiff failed to serve responses despite those extensions. Defendant now seeks to compel responses without objections. Plaintif...

Excerpt: ...e since been dismissed. Now before the Court are two motions to compel filed by Plaintiffs: (1) motion for order compelling the District's further responses to special interrogatories, set one; and (2) motion for order compelling the District's further responses to requests for production, set one. The briefing indicates the parties have resolved their differences concerning the discovery, and the only issue left for the Court to decide is sancti...

Excerpt: ...seven causes of action under the Labor Code, plus an eighth cause of action for unfair business practices and ninth for PAGA penalties. Defendant responded to the action by filing this motion seeking to compel arbitration under both the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (the FAA)1 and the California Code of Civil Procedure (§ 1280 et seq.) and to stay the proceeding. Plaintiffs oppose the motion, contending that Defendant has faile...

Excerpt: ...dale Road in Paso Robles. (FAC, ¶¶ 2, 6.) Plaintiff alleges Defendant Good was an owner of the winery at the time of the subject incident on March 10, 2022. (Id. at ¶ 7.) Plaintiff alleges that on this date, three dogs — two King Charles Cavalier spaniels, and one Border Collie — caused Plaintiff injuries. (Id. at ¶ 8.) Plaintiff alleges Defendants are jointly and severally responsible for managing, maintaining, and controlling the three ...

Excerpt: ...lowing day which included Defendant's statements. The parties present two versions of the statement attributed to Defendant in the article: Steven Cable, a neighbor of John and Jody Belsher in Arizona, told CalCoastNews the Belshers introduce themselves as a married couple with the names Jon Bailey and Jody Bernat. (Cable Dec., Ex. F.) Steven Cable, a neighbor of John and Jody Belsher [sic] in Arizona, told CalCoastNews the Belshers [sic] introdu...

Excerpt: ...ternet Website; (2) Violation of Penal Code section 502; (3) Deceit or Concealment; (4) Interference with Prospective Economic Advantage or Relations; and (5) Intentional Infliction of Emotional Distress. Defendant has filed a demurrer to each cause of action arguing the claims are barred by the relevant statute of limitations. (Code Civ. Proc., § 430.10, subd. (e).) The demurrer is overruled. A. LEGAL STANDARD A demurrer challenges only the def...

Excerpt: ...ing a demurrer and motion to strike. On September 25, 2024, the Court (Hon. Barry LaBarbera, presiding) sustained Bosshardt's demurrer to the first cause of action for statutory dependent adult abuse/neglect and fourth cause of action for battery, with leave to amend. The Court sustained Bosshardt's demurrer to the third cause of action for gross negligence without leave to amend, but granted Plaintiff leave to add gross negligence allegations to...

Excerpt: ...e. On September 25, 2024, the Court (Hon. Barry LaBarbera, presiding) sustained Rose's demurrer to the fourth cause of action for battery, with leave to amend. The Court sustained Rose's demurrer to the third cause of action for gross negligence without leave to amend, but granted Plaintiff leave to add gross negligence allegations to his negligence cause of action. The Court also granted in part and denied in part Rose's motion to strike punitiv...

Excerpt: ...ing a demurrer and motion to strike. On September 25, 2024, the Court (Hon. Barry LaBarbera, presiding) sustained Bosshardt's demurrer to the first cause of action for statutory dependent adult abuse/neglect and fourth cause of action for battery, with leave to amend. The Court sustained Bosshardt's demurrer to the third cause of action for gross negligence without leave to amend, but granted Plaintiff leave to add gross negligence allegations to...

Excerpt: ...e (the Vehicle) on February 12, 2021. Defendant responded to the action by filing this motion seeking to compel arbitration under both the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (the FAA) and the California Code of Civil Procedure (§ 1280 et seq.). For the reasons set forth below, the Court grants the motion. I. LEGAL STANDARD “[U]nder both federal and California law, arbitration agreements are valid, irrevocable, and enforceable, sav...

Excerpt: ...d by Respondent, Policy No. CAA 168066101 (the Policy). (Pet., ¶ 4.) Petitioner alleges the Policy provides bodily injury coverage for underinsured motorist (UIM) claims with a limit of $500,000 each person/$500,000 each crash, as well as an agreement to arbitrate if Petitioner and Respondent are unable to agree whether Petitioner is entitled to recover UIM damages or the amount of such damages. (Ibid. and Ex. A.) Petitioner alleges that on Octo...

Excerpt: ...that Dr. Laird performed a knee replacement surgery on Barbara Ryan after which she suffered severe pain over the course of multiple years. Plaintiffs allege that after multiple reassurances from Dr. Laird that her knee was stable, another practitioner ultimately advised that Dr. Laird used a prosthetic that was too large and was loose, which ultimately required knee revision surgery which fixed her pain. Now before the Court are two demurrers an...

Excerpt: ...olved in litigation stemming from their relationship, including Mr. Franke's successful partition action against Plaintiff (San Luis Obispo Superior Court Case No. 21CV -0661), and Plaintiff's unsuccessful request for a domestic violence restraining order1 (DVRO, San Luis Obispo Superior Court Case No. 22FL - 0113). On November 15, 2023, Plaintiff filed this lawsuit against the City of Pismo Beach (the City). Plaintiff's form -style complaint che...

Excerpt: ...tion pending completion of the action, and retained jurisdiction to enter judgment consistent with the arbitration. The Court is informed that Plaintiff also filed a separate action in Santa Barbara against additional defendant parties, and that the defendants in this action and the defendants in the Santa Barbara action were all respondents in the arbitration. Plaintiff's action arises out of a failed purchase of respondents' car dealerships. As...

Excerpt: ...f action for (1) breach of contract — damages (against both Defendants), (2) breach of contract — specific performance (against Steven Pritz), (3) fraud and deceit (against both Defendants), (4) dissolution and accounting (against both Defendants), and (5) ejectment (against both Defendants). On January 24, 2025, Plaintiffs filed a request for dismissal of their first cause of action for breach of contract — damages and their third cause of...

Excerpt: ...o her Request for Production of Documents, Part One (RFP), served May 30, 2023. After ordering the parties to further meet and confer, the Court entered an order on May 29, 2024, ordering Honda to serve further responses to certain of the RFPs, and produce all responsive documents identified with the specific request number to which the documents respond (the Order). Plaintiff now moves for terminating sanctions, or in the alternative, prospectiv...

Excerpt: ...reconstruction surgeries. Defendant Santa Barbara Cottage Hospital (SBCH) now brings a motion for summary judgment on the grounds that the undisputed evidence establishes that the emergency room physicians and hospital staff at SBCH at all relevant times complied with the standard of care applicable to similarly -qualified health care professionals, and that no action on the part of the emergency room physicians and/or hospital staff at SBCH caus...

Excerpt: ...ress; and (3) negligent infliction of emotional distress. Plaintiff alleges that Gloria Garcia (Decedent) was admitted to FHMC on an unspecified date “for a PICC line insertion to treat hydration and malnutrition, as per a comprehensive treatment plan established by her hired medical experts and specialist.” (FAC, ¶ 2.1) Plaintiff alleges that “Defendants had a duty to provide care with candor and without bias, as established in Lemaire v....

Excerpt: ... to pay wages, failure to timely pay wages at separation/termination, failure to reimburse business expenses, and violation of Business & Professions Code section 17200. Plaintiff seeks penalties and damages under the Labor - Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). Defendant filed an answer generally denying all allegations and asserting affirmative defenses. This action has now been resolved, and on...

Excerpt: ...operty of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the judgment debtor, the erroneously identified property owner may deliver to the judgment creditor a written demand for a recordable document releasing the lien, along with proof that the property owner is not the judgment debtor. (§ 697.410, subd. (a).) The judgment creditor thereafter has 15 days after receipt of the d...

Excerpt: ...ode, § 3426 et seq.) and (2) unfair competition (Bus. & Prof. Code, § 17200). Kristen is married to Jason Cook (not a party to this action). Kristen and Jason are in the process of divorce; their family law proceeding is San Luis Obispo Superior Court Case No. 24FLP - 0147, currently pending before the Honorable Jacquelyn H. Duffy (the Family Law Action). One matter in dispute in the Family Law Action is a business that Kristen and Jason starte...

Excerpt: ...California Association of Realtors form residential purchase and sale agreement with Respondents for the purchase of residential real property located in Paso Robles. (Declaration of Shawn Sullivan (Sullivan Dec.), ¶ 3; Ex. A.) The agreement contains an arbitration provision wherein the parties agree that any dispute or claim in law and equity arising between them out of the agreement or transaction shall be decided by neutral binding arbitratio...

Excerpt: ... major injury when a trench gave way without warning. As against Snyder, Plaintiff alleges one cause of action for wrongful termination in violation of the Fair Employment and Housing Act (FEHA)'s disability discrimination provisions on the basis that there were no open alternative or light -duty positions available to accommodate Plaintiff. On May 28, 2024, Plaintiff filed another lawsuit against Snyder, only, alleging causes of action for wrong...

Excerpt: ...real party in interest. The dispute concerned the City's rejection of a recall petition aimed at Rushing, which Petitioners submitted on April 4, 2024 (the April Recall Petition). On May 23, 2024, the Court granted the request for mandamus relief under the first cause of action. The Court issued a writ of mandate the following day directing the City to accept, and allow circulation of, the April Recall Petition. Petitioners then dismissed the rem...

Excerpt: ...uciary duty, fraud, “debt peonage and slavery.” McCreery seeks damages of $250,000. In the attachment to the cross -complaint, McCreery states: Michael Patrick McCreery, attorney in fact is representing the ENS Legis in all caps MICHAEL PATRICK MCCREERY. Per UCC Article 3 -305 (l)(III) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (I...

Excerpt: ... (Compl., ¶¶ 2, 32, 33.) Plaintiffs allege Defendant was aware of Plaintiffs' ages. (Id. at ¶ 2.) Plaintiffs allege that prior to July 17, 2023, Defendant had knowledge of elder financial abuse involving banking institutions, and the role banks play in identifying and preventing such exploitation and abuse. (Compl., ¶ 4.) Plaintiffs allege Defendant is legally obligated to report any transactions totaling $5,000 or more if the bank knows, sus...

Excerpt: ...t navigation of the parties' exhibits submitted in support of their arguments. Apple River & Company, Limited Partnership (Plaintiff) filed this action on January 26, 2023, against Janine Garfinkel (Garfinkel), Annette Lee Terry (Terry), and James Michael Sims (Sims). Plaintiff filed a first amended complaint in November 2023. Sims filed a cross -complaint against Plaintiff, Garfinkel, Terry, and the Estate of Robert Williams on January 3, 2024. ...

Excerpt: ...state a claim. (Code Civ. Proc., § 430.10(e).) For the reasons set forth below, the Court sustains the demurrer in part, and overrules the demurrer in part. Legal Authority. 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); Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388 [demurrer tests the legal ...

Excerpt: ...subject of this application is a separation agreement between John and Jody that has become relevant in this litigation and Plaintiffs' ongoing attempts to collect on their judgment. On January 30, 2025, this Court issued a ruling on John's request to seal the separation agreement; thus, the application will go off calendar. As to the January 7, 2025, application relating to Jody's name change: In the application, John detailed that the subject d...

Excerpt: ...Complaint (FAC) to substitute Ed and Neda's successors -in-interest. (Ex. I.) Tim does not propose amending any substantive allegations. The proposed FAC names the following plaintiffs: EGGS, LLC, Tim Begovich, individually, dba Seaside Café and Bakery, as Trustee of the Ed & Neda Begovich Family Trust, and as successor -in-interest to the Estate of Ed Begovich, and Sana Ferhatbegovic, as successor in interest to the Estate of Ed Begovich. Defen...

Excerpt: ...wo, on the grounds that they call for legal conclusions, are not related to “any conceivable triable issues in this case,” or that they constitute “an unwarranted annoyance on the moving party resulting in undue burden and expense to the moving party.” 1 Defendants' counsel declares that on September 30, 2024, Plaintiff served on Defendants Request for Admissions (Set Two) (the RFAs). (Declaration of Daniel J. Knight (Knight Dec, RFAs.), ...

Excerpt: ...atories (Set Two). 1 Plaintiff opposes the motion. Defendants' counsel declares that on September 1, 2024, Plaintiff served on Defendants Special Interrogatories (Set Two) (the Interrogatories). (Declaration of Daniel J. Knight (Knight Dec, Rogs.), ¶ 2.) Counsel declares that Defendants provided answers (apparently just objections) to these questions prior to the now -lifted bankruptcy stay in this action, and that the September service (or re -...

Excerpt: ...n order directing the matter be dismissed on April 14, 2027, absent a motion to vacate the Court's order. (Cal. Rules of Court, rule 3.1385.) Wells Fargo now seeks to set aside the Notice of Settlement. Wells Fargo reports that Evans did not sign the Settlement Agreement and Release or the Stipulation for Entry of Judgment and did not make any payments pursuant to the terms of the Settlement Agreement. A party's allegation that no enforceable set...

Excerpt: ...the Grady Defendants) to 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 us...

Excerpt: ... dba Destino Investments; Destino Investments, LLC; and The Development Trust. Plaintiff's first amended verified complaint (FAC) includes causes of action for (1) breach of contract (Promissory Note 1); (2) breach of contract (Parcel 2 Note); (3) breach of the implied covenant of good faith and fair dealing; (4) fraud and deceit; (5) reformation; (6) to set aside fraudulent conveyance; (7) imposition of an equitable lien; (8) for judicial forecl...

Excerpt: ...t opposes the motion. Defendant's opposition represents that it was serving further responses concurrently with the opposition. Plaintiff's reply affirms that those further responses were served and that the request for further responses is now moot but contends that she is nonetheless entitled to monetary sanctions against Defendant and her attorney in the total amount of $4,108, for all three motions combined. The court may award sanctions unde...

Excerpt: ...equitable easement, (5) quiet title to easement by necessity, (6) declaratory relief, and (7) preliminary and permanent injunction. Factual Background. The Properties. Plaintiff alleges she owns real property situated in an unincorporated area of San Luis Obispo near Avila Beach, legally described as Parcel 2 of Parcel Map CO -99 -037 in the County of San Luis Obispo (the Property). Plaintiff acquired the Property by grant deed recorded August 25...

Excerpt: ...ber or letter and briefly describe the exhibit.” Such bookmarks are critical to efficient navigation of electronic exhibits. Background. On July 8, 2024, Plaintiff Ted Lawton filed a lawsuit against Defendant Seung Yoon aka Justin Seung Kim alleging causes of action for (1) specific performance, (2) constructive trust, and (3) declaratory relief. On December 31, 2024, Seung Yoon aka Austin Kim (Austin1 ), individually and derivatively on behalf...

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...