Excerpt: ...tability (mold and rot issues); 2) Negligent Infliction of Emotional Distress: Direct Victim (aggressive pitbull owned by another tenant); 3) Negligence (handling of sublet); 4) Invasion of Privacy (installation of cameras); 5) Negligence (notice and conduct of construction); 6) Negligence (allowing Plaintiff to maintain and improve property in contravention of lease); and 7 -12) Reserved (reservation of right to allege additional tortious claims...

Excerpt: ...t and conferred with counsel for Plaintiff prior to filing the motion but the parties were unable to come to agreement. Plaintiff opposes the motion. I. Legal Standard Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the cou...

Excerpt: ...When that trial date was vacated to accommodate a motion for summary judgment, the discovery deadlines were not extended. (Minutes, 08/05/24.) On July 3, 2024, CCOMG served a Demand to Exchange List of Expert Witnesses and Writings (the Demand). The Demand set a production date of July 29, 2024, and stated, the failure to comply would “constitute a waiver of your right to call unlisted expert witnesses at time of trial.” (McGrady Dec., Ex. A....

Excerpt: ...fendants posted jury fees on October 14, 2021. Plaintiffs posted jury fees on March 17, 2022. Plaintiffs filed a demand for jury trial on August 5, 2024. A jury trial is set for February 4, 20251 . Now before the Court is Plaintiffs' motion for relief from jury waiver. No opposition is on file from Defendants. A party demanding a jury in a civil action “shall pay a nonrefundable fee of one hundred fifty dollars ($150) unless the fee has been pa...

Excerpt: ...n August 14, 2024, Defendant served Lindsey Keyes with a deposition subpoena which included a request for documents (RFP). The first five RFPs request copies of “rent receipts” for the Property provided to (1) Cal -Fresh; (2) Medi -Cal; (3) Benefits Cal; (4) Supplemental Security Income; and (5) Social Security Administration. On August 19, 2024, Defendant served William Powers III with requests for inspection, seeking the same documents. Pla...

Excerpt: ...to efficient navigation of electronic exhibits. Background. On July 23, 2024, Plaintiffs Sarah Green and Eilene Pham filed a lawsuit against Defendant Joseph Frost. Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) violation of the California Confidentiality Medical Information Act; (2) breach of an implied contract; (3) intentional interference with an existing contractual relationship; (4) intentional interference with ...

Excerpt: ...n each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1).) If Plaintiff makes a prima facie showing, then the burden shifts to Leonard to show the existence of a triable issue of material fact as to the cause of action or a defense thereto. (Ibid.) Leonard has not filed an opposition. The complaint sets forth common counts for (1) open book account; (2) account stated; and (3) goods and wares sold a...

Excerpt: ...a plaintiff (collectively with Serna, Plaintiffs). Plaintiffs report the litigation has settled, and move for preliminary approval of the Class Action and PAGA 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 representatives; (4) a...

Excerpt: ...q.). Plaintiffs report the matter has settled and moves for preliminary approval of the Class Action and PAGA Settlement Agreement (the Agreement). (Code Civ. Proc., § 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: 1. Granting preliminary approval of the proposed Class Action and PAGA Settlement Agreement And Class Notice (Agreement); 2. Conditionally certifying the proposed Class for settlement purposes only; 3. ...

Excerpt: ...24, Defendants filed and served on all parties a Notice of Entry of Judgment. (Declaration of Michaël Fischer (Fischer Dec.), ¶ 3; Ex. A.) On June 25, 2024, Defendants electronically filed and served a Memorandum of Costs (the Memorandum). (Id., ¶ 4.) Ten days later on July 5, 2024, Defendants received a notice from the Court's electronic filing system that the document was rejected because it was uploaded as two documents, rather than one. (I...

Excerpt: ...dero (the Property). Plaintiff alleges that, on September 27, 2001, his brother, the late James D. Cerny (Decedent), obtained title to the Property with Defendant Sorenson by Grant Deed. (Compl., ¶ 8 and Ex. 1.) Plaintiff alleges that on February 26, 2021, Sorenson quitclaimed her interest in the Property to Decedent. (Id. at ¶ 9 and Ex. 2.) Plaintiff alleges that, also on February 26, 2021, Decedent allegedly quitclaimed his interest in the Pr...

Excerpt: ...lled Rock'N'Robles Grill & Pizza Kitchen (the Restaurant) located near Lake Nacimiento at 2140 Heritage Loop Road in Paso Robles. Plaintiff alleges that, in March 2023, Mr. Franklin and Defendant jointly purchased the Restaurant for $250,000. (Compl., ¶ 9.) Plaintiff alleges that Mr. Franklin held fifty shares in Rock'N'Robles Grill and Pizza Corporation, the corporation that owns the restaurant; Defendant owns the other fifty shares. (Id. at ¶...

Excerpt: ... order1 (DVRO, San Luis Obispo Superior Court Case No. 22FL -0113). Plaintiff filed an appeal of the DVRO denial; on December 19, 2023, the Second District Court of Appeal affirmed the trial court's denial of her DVRO request. (See Def. Request for Judicial Notice [RFJN], Ex. A2 .) On September 13, 2023, Plaintiff filed this action against Defendant. Defendant has responded by filing a demurrer. No opposition is on file. For the reasons outlined ...

Excerpt: ...lling him. A jury trial is currently scheduled to commence on January 6, 2025. Defendant State of California (Defendant or the State) now moves for an order severing this action pursuant to Code of Civil Procedure section 597 so that this Court, sitting without a jury, may first try defendant's Tenth and Sixteen Affirmative Defenses (alleging that Plaintiffs' factual and legal theories are barred by Government Code sections 905.2, 911.2, and 945....

Excerpt: ...of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” (See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. The Textron Judgments. On December 29, 2009, the United States District Court for the Central District of California entered judgment in favor of Plaintiff Textron Financial Corporation (Textron) and against Defendants John E. King (JEK) and Carole...

Excerpt: ...assment and invasion of privacy; 8) declaratory relief; and 9) injunctive relief. On March 7, 2024, defendants Fred D. Campbell and Betty C. Campbell (collectively the Campbells), individually and in their capacity as Trustees of the Campbell Trust, Douglas Campbell, John Leighton Read III and Carol Jean Read, in their capacity as Trustees of the J. Leighton and Carol Read Living Trust Dated September 27, 2010, and Irish Hills Ranch, LLC, filed a...

Excerpt: ...s) allege that following William's death, they became the nominated successor trustees under the Trust, as well as agents under Gail V.'s durable power of attorney. Gail V. died on May 3, 2022. During Gail V.'s lifetime, Respondents and their neighbors, the Ardions, became involved in a dispute with another unnamed neighbor regarding a “spite gate”2 the unnamed neighbor had installed or was attempting to install on Potrero Road in Atascadero,...

Excerpt: ...rranty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. On January 17, 2024, Plaintiff accepted Defendant's 998 Offer to Compromise for $215,000.00 and for attorney fees, expenses, and costs reasonably incurred under Civil Code, section 1794(d). On February 1, 2024, Plaintiff filed a notice of settlement of entire case. Plaintiff now moves to recover her attorney's fees and costs. Plaintiff requests a t...

Excerpt: ...defects in the vehicle within a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Plaintiff accepted Defendant's 998 Offer to Compromise for $20,000.00 and for attorney fees, expenses, and costs reasonably incurred under Civil Code, section 1794(d). On May 2, 2024, Plaintiff filed a notice of settleme...

Excerpt: ... on Parker & Sander, PLC (P&S) in early October 2023, setting October 26, 2024, as the production date (the Subpoena). (Declaration of Bret G. (Anderson Dec.), ¶¶ 3 -4.) P&S had represented the defendants for many years, but is itself a non -party to the action. Plaintiffs now move to compel production of a subset of documents under that subpoena, specifically, communications with the defendants in the action from after 2018.1 P&S contends that...

Excerpt: ...e harm he suffered, and Defendant responsible for the remaining 95%. Judgment in the amount of $9,564,000 in Plaintiff's favor and against Defendant was entered on August 26, 2024. Now before the Court is Defendant's motion for new trial. Discussion. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a n...

Excerpt: ...of good faith and fair dealing, (3) open book account, (4) account stated, and (5) quantum meruit. On May 6, 2024, Defendant Hoai Duc Ngo filed a cross -complaint against Cross -Defendants Envirotec, Robert Skelton (Skelton), and Servpro Industries, LLC (Servpro). The cross -complaint includes causes of action for (1) breach of contract (written), (2) breach of contract (oral), (3) breach of implied covenant of good faith and fair dealing, (4) fr...

Excerpt: ...ed below, the Court sustains the demurrer with leave to amend. A. 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, subd. (a); Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388 [demurrer tests the legal sufficiency of the allegations of the complaint].) “To survive a demurrer, the compl...

Excerpt: ...assment and invasion of privacy; 8) declaratory relief; and 9) injunctive relief. On March 7, 2024, defendants Fred D. Campbell and Betty C. Campbell (collectively the Campbells), individually and in their capacity as Trustees of the Campbell Trust, Douglas Campbell, John Leighton Read III and Carol Jean Read, in their capacity as Trustees of the J. Leighton and Carol Read Living Trust Dated September 27, 2010, and Irish Hills Ranch, LLC, filed a...

Excerpt: ...ced Hobe's mother, Jacqueline Hobe (Decedent), to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Aubry Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter were consolidated in August 2020. (Order After Hearing, 09/11/20.) On June 10, 2021, Nielsen filed a cross - compla...

Excerpt: ...l and rest periods, failure 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). After mediation with Steve Serratore, Esq., the parties have reached a settlement. Now before the Court is Plain...

Excerpt: ...ated on Grant Road in California Valley (the Property). The SAC alleges when the Property was purchased, the parties agreed that Plaintiffs would rehabilitate and make improvements to the Property in exchange for a one -third interest. (SAC, ¶ 20.) The SAC further alleges that a third party assigned her one -third interest in the Property to Plaintiffs “so plaintiffs' share of ownership is two -thirds ....” (SAC, ¶ 2.) On calendar is Defend...

Excerpt: ...se agreement, (2) breach of implied covenant of good faith and fair dealing re 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 Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross -complaint against various Cross -De...

Excerpt: ...the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30, subd. (a); Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388 [demurrer tests the legal sufficiency of the allegations of the complaint].) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plainti...

Excerpt: ... (6) dangerous condition of public property; and (7) failure to discharge mandatory duty. Plaintiffs allege that Katchy Andrews owns the property located at 515 Broad Street in San Luis Obispo (the Property). (FAC, ¶ 3.) Plaintiffs allege Blake Andrews' is Katchy Andrews' son, has power of attorney regarding his mother and the Property, and is authorized to act as Katchy Andrews' attorney -in-fact with respect to the Property. (Ibid.) Plaintiffs...

Excerpt: ...ing Plaintiff. Defendant moves pursuant to Code of Civil Procedure sections 435 and 436 for an order striking Plaintiff's claim for punitive damages alleged in ¶¶ 37 -45 of the complaint as well as in Plaintiff's prayer. Defendant also moves to strike Plaintiff's prayer for attorney's fees pursuant to Code of Civil Procedure section 1021.4. There is no evidence that counsel met and conferred as required before filing the motion. (Code Civ. Proc...

Excerpt: ...r boarding agreement, which limited Defendants' liability. Currently on calendar is Defendants' motion for summary judgment under Code of Civil Procedure section 437c and motion for sanctions under Code of Civil Procedure section 128.7. For the reasons set forth below, both motions are denied. I. MOTION FOR SUMMARY JUDGMENT A. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is enti...

Excerpt: ...Code Civ. Proc., § 430.10, subd. (e).) Plaintiff opposes the demurrer. Counsel for the parties met and conferred prior to Defendants filing this demurrer. (Declaration of Nicholas Brummer.) I. Allegations of the FAC Plaintiff purchased residential real property from Dawn Borgstrom on April 13, 2022, located at 1850 Pippin Lane in San Luis Obispo. (FAC, ¶ 8.) Plaintiff alleges that after closing escrow and moving in, Plaintiff began noticing def...

Excerpt: ..., 2024, Plaintiff electronically served Request for Production of Documents, Set One on Ford. (Declaration of Tyson Smith, ¶ 20; Ex. 6.) Ford served responses on May 20, 2024, and Plaintiff received Ford's verifications on May 31, 2024. (Id., ¶ 23; Ex. 7.) Plaintiff now moves to compel Request for Production, Set One, Nos. 1, 3, 8, 10, 13, 15, 19, 27, 47, 49, 59, 65, 71, 72, 75, 76, 77, 86, 87, 88, 90, 99, 100, 103, 106, 108, 113, 115, 116, 117...

Excerpt: ...air multiple defects in the vehicle within a reasonable number of attempts. On January 17, 2024, Plaintiff accepted Defendant's 998 Offer to Compromise for $215,000.00 and for attorney fees, expenses, and costs reasonably incurred under Civil Code, section 1794(d). On February 1, 2024, Plaintiff filed a notice of settlement of entire case. Plaintiff now moves to recover her attorney's fees and costs. Plaintiff requests a total award of $45,492.29...

Excerpt: ...ithin a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Plaintiff accepted Defendant's 998 Offer to Compromise for $20,000.00 and for attorney fees, expenses, and costs reasonably incurred under Civil Code, section 1794(d). On May 2, 2024, Plaintiff filed a notice of settlement of entire case. Plain...

Excerpt: ...inst Plaintiffs alleging (1) quiet title; (2) breach of contract; (3) intentional infliction of emotional distress; (4) unjust enrichment; and (5) declaratory relief. Now before the Court are two motions to compel filed by Defendant: (1) Motion to compel Timothy1 's verified responses to form interrogatories; and (2) Motion to compel Timothy's verified responses to special interrogatories. Defendant also requests $2,985.00 in sanctions. On May 25...

Excerpt: ... Walter Bros. and a claim for aiding and abetting violations of Government Code sections 12940, et seq. against Walter Bros. controller, Barbara Blanchard (Blanchard). On calendar is Blanchard's demurrer to the eleventh cause of action1 and Walter Bros. and Blanchard's (collectively, Defendants) motion to strike the punitive damages allegations. For the reasons set forth below, the Court overrules the demurrer and denies the motion to strike. I. ...

Excerpt: ...mpetition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. This is a business dispute concerning an alleged agreement between the parties regarding cannabis licenses, storage, and equipment. After a demurrer and motion to strike, Plaintiff's operative pleading is the second amended complaint (SAC). On June 4, 2024, both Defendants filed answers to the SAC. On June 14, 2024, Defendants filed their first amended answers to the...

Excerpt: ...n proceedings, discovery disputes are resolved by the arbitrator. (See Code Civ. Proc., § 1283.05.) But in uninsured -motorist arbitration proceedings, discovery disputes are resolved by a trial court. (Ins. Code, § 11580.2, subd. (f).)” (State Farm Mutual Automobile Insurance Company v. Robinson (2022) 76 Cal.App.5th 276, 280.) Hinde now brings three discovery motions: 1) motion to compel further responses to special interrogatories, set one...

Excerpt: ...il rights (U.S. Const., Amends. IV & XIV; Cal. Const. Art. I, § 7; 42 U.S.C. §1983); 5) intentional destruction of real property; 6) trespass (Pen. Code, § 602); 7) Bane Act violation (Civ. Code, § 51.2); 8) oppression, fraud and malice (Civ. Code, § 3294); and 9) vicarious liability (Gov. Code, § 815.2). This action arises out of a code enforcement inspection and service of a Notice to Correct Code Violation(s)/Notice of Violation issued t...

Excerpt: ...ada corporation, and Defendant was the owner of the remaining 49% interest. (Compl., ¶ 7.) Plaintiff alleges that Paul Davis Restoration, Inc. (PDR) is a Florida corporation and is engaged in the business of insurance restoration construction, remodeling, loss mitigation, emergency services, and cleaning of residential and commercial buildings and structures. (Compl., ¶ 9.) Plaintiff further alleges PDR has developed certain systems, methods, p...

Excerpt: ...pursuant to Code of Civil Procedure1 section 36(a). Defendant opposes the motion. Legal Authority. Section 36(a) provides that a party who is over 70 years of age may petition the Court for a preference, which the Court shall grant if it finds that 1) the party has a substantial interest in the action as a whole, and2 2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. U...

Excerpt: ... Shaw), and J. Shaw (Sergeant Shaw). On calendar is Defendant's demurrer and motion to strike.1 As an initial matter, the Court, on its own motion, strikes the second cause of action and the claims against Dr. Shaw and Sergeant Shaw. (Code Civ. Proc., § 436, subd. (b).) Plaintiff added these defendants and the second cause of action without court approval. Leave to amend after a demurrer has been sustained does not include leave to add a new def...

Excerpt: ...September 18, 2023, Mr. Martinezpacheco failed to appear in court, and the Court ordered forfeiture of the Bond in a “Notice of Forfeiture of Bail” dated September 21, 2023 (the Notice of Forfeiture). The Notice of Forfeiture was mailed to Bail Central and its surety, Universal Fire & Casualty Insurance Co. (Moving Party). The initial forfeiture period gave Bail Central 185 days from the date of forfeiture to locate and return Mr. Martinezpac...

Excerpt: ... § 1983), (2) battery, (3) violation of the Unruh Civil Rights Act, (4) negligence, (5) intentional infliction of emotional distress, (6) negligent infliction of emotional distress, (7) false imprisonment, and (8) unreasonable seizure/excessive use of force (Bane Act). Plaintiff alleges that on May 26, 2022, he was at his Nipomo house with his sons, watching a basketball game and listening to loud music. (Compl., ¶ 25.) Plaintiff alleges that h...

Excerpt: ... (4) unfair competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. This is a business dispute concerning an alleged agreement between the parties regarding cannabis licenses and equipment. Now before the Court is Plaintiff's motion to compel LTGB's further responses to special interrogatories, and for sanctions against LTGB and its attorney, Patrick Fisher, in the amount of $4,560. LTGB opposes the motion and seeks $3,...

Excerpt: ...endants now demur to the FAC and both causes of action therein on the grounds that they fail to constitute a cause of action and are uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) Defendants' counsel met and conferred with Plaintiff's counsel prior to filing the demurrer, but the parties could not resolve their issues. (Declaration of Sierra J. Chinn Liu, ¶ 2.) Plaintiff opposes the demurrer. I. Demurrers A demurrer can be used only t...

Excerpt: ...ch of the California Highway Patrol. On May 9, 2024, Carroll filed a cross -complaint for 1) negligence, 2) equitable indemnity, 3) equitable apportionment, 4) contribution and 5) declaratory relief. 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. Calt...

Excerpt: .... A seventh cause of action was dismissed in June 2024. Defendant responded to the complaint by filing the present demurrer, which argues all six remaining claims fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, Defendant argues the complaint fails to allege facts establishing Plaintiff has a disability for purposes of stating a FEHA claim. Plaintiff opposes the demurrer. For t...

Excerpt: ...efects, body defects, climate control defects, [and] infotainment defects.” On December 5, 2023, Plaintiffs served requests for production of documents (RFP) on GM. GM responded on January 4, 2024, and served verifications on May 2, 2024. Plaintiffs now move to compel further responses to RFP Nos. 1, 2, 3, 7, 8, 9, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 65, 73, 74, 75, and 76. The 25 RFPs at issue are grouped into the following...

Excerpt: ...uries on July 24, 2021, between 2:30 and 3:00 p.m., when she fell while crossing the street in downtown San Luis Obispo. (Separate Statement of Undisputed Material Fact [UMF] 1, 2.) Plaintiffs allege the crossing took place “mid -block, approx., in the north -east portion of Osos Street, between Palm Street and Monterey Street, City of San Luis Obispo...” (Id. at ¶ 6.) Mrs. Kepler was not using a crosswalk to cross the street. (Separate Stat...

Excerpt: ...acific Coast Investments, Inc. (PCI) (the Motion to Compel). Defendants 10850, LLC, Tri -Counties Real Estate Advisors, LLC and John Carnesale (collectively the 10850 Defendants) move for a protective order in relation to financial documents, citing Code of Civil Procedure section 3295 (the 10850 Motion for Protective Order). The Court also notes that PCI and co -defendant Louis Carnesale filed a related motion for protective order pursuant to Co...

Excerpt: ...ourt now rules as follows. In their supplemental briefing, Wolverine notes that the Kings previously identified several non -debtor entities (NDE) as their own entities in the two federal lawsuits involving Textron Financial Corporation. These lawsuits were discussed in the Court's August 15th ruling3 . With its supplemental briefing, Wolverine outlines the charging orders and assignments agreed to by the Kings in order to satisfy both Textron Ju...

Excerpt: ...ff's sole remaining allegation states: “MISSING FROM TREASURY ASSCIATED WITH ZAC CONNINE STATE TREASURY SAYING GONE...ON FILE FBI [sic].” Now before the Court is Defendant's motion to quash service of summons and complaint for lack of personal jurisdiction. (Code Civ. Proc., § 418.10(a)(1).) No opposition is on file. Legal Authority. “California courts may exercise personal jurisdiction on any basis consistent with the Constitution of Cali...

Excerpt: ...ophe Specialist Incorporated, and American Contractors Indemnity Company. Defendant now moves for trial preference pursuant to Code of Civil Procedure section 36, subdivision (a). A party to a civil action who is over 70 years of age may petition the court for trial preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the...

Excerpt: ...Court overrules the demurrer and denies the motion to strike. The FAC alleges that the California Department of Fish and Wildlife (CDFW) acquired the San Luis Obispo Wildlife Area (SLOWA) in November 1982. The area includes ten shooting venues, a meeting hall, an educational building, and other associated structures. Defendant leases the shooting range from CDFW. The FAC alleges that Defendant's operation of the shooting range, which includes col...

Excerpt: ...laint also alleges various defects affecting the habitability of the property. On calendar is Mello's demurrer to the second, third, and fourth causes of action for failure to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) A. 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 not...

Excerpt: ...er (Siegenthaler)1 filed a Petition to Determine Ownership of Estate Property and for Order Authorizing and Directing Executor to Transfer Estate Property to Petitioner (Siegenthaler's Petition). Siegenthaler's Petition was brought pursuant to Probate Code section 850, and seeks a determination of ownership of USG stock. The basis of Siegenthaler's claim was a June 16, 2016 gift letter signed by Decedent (the Gift Letter). On March 19, 2020, Andr...

Excerpt: ...ber 2021, Plaintiff sold Volpi 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. (FAC, ¶ 6.) On April 6, 2022, the parties entered into an Agricultural Farm Lease Agreement (the Lease), granting Plaintiff the right to use six acres of the Property for f...

Excerpt: ...claim affecting certain real property situated in Atascadero, commonly known as Dove Creek; this property is a 5.2 -acre undeveloped real estate parcel, Lot 280, with San Luis Obispo County Assessor Parcel Number 045 -331 -014 (the Dove Creek Property). On September 19, 2024, CCH and Cal Coastal Communities, Inc. (CCC) (collectively Plaintiffs) filed a first amended complaint against Defendant, Seung Beom Yoon, aka Austin Kim, and Jennifer Hae Yo...

Excerpt: ...hospitals including Marian Medical Center (Marian). Marian (which is owned by and operated by Dignity Health) contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affiliated and non -affiliated hospitals in the area. The FAC names CCOMG on the first, second, and third causes of action. CCOMG seeks summary judgment, or in the alternative, summary adjudication...

Excerpt: ...ratory and injunctive relief (the Cross -Complaint), alleging that Ramsum failed to maintain and affirmatively filled in and blocked drainage swales put into place when the subdivision in which her property is located was approved by the City of Atascadero, causing the flood damage to her property and the property next door. (See Cross -Complaint (X -Cmpl.), ¶¶ 5 -11.) Ramsum now specially moves to strike the Cross -Complaint pursuant to Code o...

Excerpt: ... work out arbitration terms with Defendant. Defendant filed the motion on August 23, 2024, and Plaintiff filed the limited opposition on September 17, 2024. There was ample time for Plaintiff to obtain agreement from Defendant if possible before filing the limited opposition. Defendant filed a reply brief on September 23, 2024, requesting the Court grant the motion. As pointed out in the reply, there is no authority for a party to unilaterally co...

Excerpt: ...g, and the Court dismissed the action. (Ntc. of Dismissal, 12/20/23.) Plaintiff seeks relief from the dismissal under Code of Civil Procedure section 437(b) (section 473(b)). Section 473(b) provides for two types of relief, discretionary and mandatory. Mandatory relief requires an attorney affidavit of fault “attesting to his or her mistake, inadvertence, surprise, or neglect.” In such cases, the court must vacate a default entered against th...

Excerpt: ...h -Marian Regional Medical Center (MRMC), and Surgical Specialists, Inc. (Surgical). Bosshardt, Landy -Brown, Rose, MRMC, and Surgical are collectively referred to as Defendants. Plaintiff alleges he was admitted to and discharged from MRMC multiple times from October 2022, until at least December 2022, for treatment and surgery for advanced rectal cancer. (Complaint (Cmpt), ¶¶ 20, 26.) Plaintiff further alleges he was fully reliant on Defendan...

Excerpt: ...eks in part a determination under the parties' Buy -Sell Agreement that “Robert is contractually obligated to sell his shares of [BBC] at their book value.” (Steve's SAC, p. 13, ¶ 1.3.) On September 7, 2023, Robert filed a third amended cross -complaint (TAXC) against Steve. The TAXC also names BBC as a defendant and asserts derivative claims on its behalf. On August 15, 2023, the parties stipulated to consolidating this action with case num...

Excerpt: ...d Building for the County of San Luis Obispo2 (Respondent or the County). The Amended Petition seeks a writ of mandate directing Respondent to extend a Conditional Use Permit (CUP) originally granted to Petitioner in July 2019. (Amended Petition, p. 1, ll. 18 -23.) Quoting directly from the Amended Petition, Petitioner seeks this relief on the grounds that: 1) Petitioner was prevented from filing a timely request for extension by Respondent Count...

Excerpt: ...tered an order dismissing Pismo Beach Hotel without prejudice. (Declaration of S. Emi Minne (Minne Dec.), ¶ 6.) On August 16, 2021, Plaintiff filed a first amended complaint (FAC) that withdrew the Eighth Cause of Action for failure to keep payroll records. (Minne Dec., ¶ 7.) Defendants provided through informal discovery a randomly selected 20% sampling of Class Members' time and payroll records as well as all versions of Defendants' employee ...

Excerpt: ...s for preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement (Agreement). (Code Civ. Proc., § 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying the proposed class for settlement purposes; (3) appointing Plaintiff as the class representative for settlement purposes; (4) appointing Plaintiff's counsel as class counsel for settlement p...

Excerpt: ... U.S.C. section 1 et seq., and the California Arbitration Act (CAA), Code of Civil Procedure section 1280 et seq., on the grounds that on April 23, 2024, Plaintiff signed and agreed to a Retail Installment Sales Contract (RISC) for the purchase a 2015 BMW X4 (the Vehicle), which contains an arbitration provision. (Declaration of Vincent Troncoso (Troncoso Dec.), Ex. A.) Defendant contends that the entire action must be ordered to binding arbitrat...

Excerpt: ...View Ave. in Pismo Beach, and then failed to signal when coming to a complete stop, causing Plaintiff, who was riding a motorcycle, to run into the rear of Defendant's vehicle and causing him to suffer bodily injury and property damage to his motorcycle. (Compl., p. 5.) Defendant now moves pursuant to Code of Civil Procedure section 437c for summary judgment or, in the alternative, summary adjudication as to each of Plaintiff's claims, on the gro...

Excerpt: ... collision. Plaintiff alleges Langstaff negligently entrusted the vehicle to Phillips with knowledge he could not safely operate it. Phillips and Langstaff are collectively referred to as Defendants. On November 16, 2023, Plaintiff served the following discovery on original counsel for Defendants: 1. Plaintiff's Form Interrogatories to Defendant Cody James Phillips, Set One 2. Plaintiff's Request for Admissions to Defendant Cody James Phillips, S...

Excerpt: ...Beach. Plaintiff's experience and existing cannabis business would help them to obtain one of the limited licenses Grover Beach planned to issue. Plaintiff alleges she performed numerous hours of work on the license application process and planning the business in reliance on Defendants' agreement to make her a one -third owner, but Defendants reneged on the deal after the license was obtained. (Second Amended Complaint (SAC), ¶¶ 10 -18.) Defen...

Excerpt: ...nor; (5) negligent failure to warn, train, or educate; and (6) intentional infliction of emotional distress. Plaintiff's lawsuit centers around sexual abuse she alleges she suffered while attending Morro Elementary School (the School) in the District. The District previously moved for judgment on the pleadings, arguing that Assembly Bill 218 (AB 218), which Plaintiff brings this lawsuit under, constitutes an impermissible gift of public funds in ...

Excerpt: ...perty in Davis Canyon that is accessed by Davis Canyon Road and Davis Canyon Road runs through each of their properties. Davis Canyon Road is a private road consisting entirely of private road easements. The Evensons, Vasconcellos/Smiley, and the Larsons are collectively referred to a Plaintiffs.1 Chad M. Reinhart (Reinhart) owns property that is the last property accessed by David Canyon Road. On June 24, 2022, Plaintiffs filed a complaint again...

Excerpt: ...operty located at 3990 Shell Beach Road in Shell Beach, California (the Property). Petitioner purchased the Property from Michael Spangler (Spangler) in 2017. (AR 098.) The Property is within “the Open Space -Natural Resources Protection Zone (OS -1, 1983 Coastal Zoning Code).” (AR 526.) The purpose of the OS -1 Zone is “to protect the city's natural resources as identified in the general plan/local coastal program land use plan though the ...

Excerpt: ...ff alleges Langstaff negligently entrusted the vehicle to Phillips with knowledge he could not safely operate it. Phillips and Langstaff are collectively referred to as Defendants. On March 29, 2024, Plaintiff served subpoenas on Dignity Health –Marian and San Luis Ambulance Service, Inc. (Subpoenas) seeking the production of Phillips's medical records, images from tests, and billing and payment records from December 1, 2020 to the present, “...

Excerpt: ...t; (2) breach of implied warranty in violation of the Song -Beverly Consumer Warranty Act; (3) failure to make available parts & literature; (4) violations of Business and Professions Code section 17200; (5) violations of Business and Professions Code section 17500; (6) violation of the Consumer Legal Remedies Act; (7) negligent misrepresentation; and (8) negligent repair1 . The lawsuit centers around Plaintiff's purchase of a recreational vehicl...

Excerpt: ...ely Defendants.) Defendants oppose the motion. No reply is on file. Plaintiff served Requests for Admissions, Set No Two (the RFAs) on Defendants on April 20, 2024.1 (Declaration of Douglas Littlejohn (Littlejohn Dec.), ¶ 1.) Defendants served responses on May 24, 2024. (Id., ¶ 5; see also Declaration of Chase Martin (Martin Dec.), ¶ 2.) Plaintiff contends that the responses were served two days late, and therefore all objections were waived. ...

Excerpt: ...roperly filed in San Luis Obispo County Superior Court, when Defendant is a resident of Santa Clara County. Defendant's motion requested attorney's fees and costs pursuant to Code of Civil Procedure section 396b, subdivision (b). On May 20, 2024, Plaintiff dismissed the action without prejudice. Defendant now moves for her fees and costs in the total amount of $7,255.90 pursuant to Code of Civil Procedure section 396b, subdivision (b). Plaintiff ...

Excerpt: ...of Possession After Hearing under Code of Civil Procedure section 512.010.1 The matter was continued twice (May 1, 2024, and June 18, 2024) for service issues, which have now been addressed. Defendant was served by substituted service with the summons, complaint, notice of application and hearing, a copy of the application, and the supporting memorandum of points and authorities. (§ 512.030(b).) Service was complete on June 13, 2024. (§ 415.20(...

Excerpt: ...aws and seeks to represent a class of similarly situated non -exempt employees and pursue claims under California's Private Attorney General Act (“PAGA”). Defendants seek to compel arbitration pursuant to an electronically signed arbitration agreement. Plaintiff opposes the motion arguing Defendants have not met their burden of submitting an enforceable arbitration agreement and the agreement presented is unconscionable. The Court continued t...

Excerpt: ...er 20, 2020, and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises that included use of illegal drugs and unrestricted access to a high -performance recreational vehicle in close proximity to a sheer cliff on the property. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle...

Excerpt: ... select either of the two options available to her: to either generally deny each statement in the complaint, or admit certain statements except those specified by Defendant. Rather, Defendant checked next to the statement: “Defendant has no information or belief that the following statements are true, so defendant denies them (use paragraph numbers or explain):”. Defendant did not include any paragraph numbers or an explanation. Defendant al...

Excerpt: ...Court on January 29 -30, 2024. The actions arise out of a dispute between Plaintiffs and Charles Spenler, Aileen Takahashi, Orlando Gutierrez and Marcela Ruiz (collectively Defendants), who are all residential property owners in a gated community located in Paso Robles known as Country Brook Estates (CBE). Plaintiffs own seven parcels in CBE. Defendants purchased two parcels in CBE shortly before this litigation commenced and have regularly rente...

Excerpt: ...for using sick leave. The proposed FAC is attached as Exhibit 1 to the motion. Defendant argues the proposed amendment is untimely and prejudicial because the parties have participated in extensive discovery and have already taken the depositions of plaintiff and her supervisor. Plaintiff asserts, however, that she alleged facts of retaliation for using sick leave in the existing complaint. Plaintiff alleges in her complaint as follows: 16. Month...

Excerpt: ...d defects including engine defects and transmission defects. (Comp., ¶¶ 9, 14.) Plaintiffs served a deposition notice for GM's Person Most Knowledgeable (PMK) and a demand to produce documents on November 15, 2023 (the Notice). (Declaration of Rosario Stoliker (Stoliker Dec.), Ex. 5.) GM served objections on February 8, 2024. (Id., ¶ 16; Ex. 6.) The Notice set forth 27 matters on which the deponent is to be examined. (Ibid.) The Notice also in...

Excerpt: ...No opposition has been filed. Defendant was timely served with this motion and an amended notice of motion with the hearing date. As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burden shifts to Defendant to pro...

Excerpt: ...k IV). Several defendants have filed cross -complaints seeking indemnity. On November 23, 2019, Mr. Szydlowski suffered severe injuries while operating a bucket lift (also known as a “cherry picker”) while trimming trees at Casa Rio. The FAC alleges that bucket lifts of the type which Mr. Szydlowski was using typically have an alarm system designed to alert the operator when the lift is close to electrical lines. The FAC alleges that the buck...

Excerpt: ...st Amended Complaint [FAC], ¶ 1.) Plaintiff alleges that Mr. Ilger, now deceased, was convicted in 1988 of molesting underage children in his classroom, and was sentenced to eight years in prison. (Id. at ¶¶ 12, 24.) Plaintiff further alleges that Mr. Ilger was arrested again in 2002 for failing to register as a sex offender and sentenced to 32 months in prison. (Id. at ¶ 24.) Plaintiff's FAC alleges causes of action for (1) negligent hiring,...

Excerpt: ... amended complaint (SAC) on July 21, 2021. Cannon Corporation (Cannon), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's first cause of action for negligence, the only cause of action alleged against it in the SAC, on the grounds that the undisputed evidence establish that the completed and accepted doctrine applies to Cannon and thus Plaintiff's action is barred against it. Cannon pleaded the completed a...

Excerpt: ...erty in Davis Canyon that is accessed by Davis Canyon Road and Davis Canyon Road runs through each of their properties. Davis Canyon Road is a private road consisting entirely of private road easements. The Evensons, Vasconcellos/Smiley, and the Larsons are collectively referred to a Plaintiffs.1 Chad M. Reinhart (Reinhart) owns property that is the last property accessed by David Canyon Road. On Hune 24, 2022, Plaintiffs filed a complaint agains...

Excerpt: ...iew Ave. in Pismo Beach, and then failed to signal when coming to a complete stop, causing Plaintiff, who was riding a motorcycle, to run into the rear of Defendant's vehicle and causing him to suffer bodily injury and property damage to his motorcycle. (Compl., p. 5.) Defendant now moves pursuant to Code of Civil Procedure section 437c for summary judgment or, in the alternative, summary adjudication as to each of Plaintiff 's claims, on the gro...

Excerpt: ... for preliminary approval of the Hoint Stipulation of Class Action and PAGA Settlement (Agreement). (Code Civ. Proc., § 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying the proposed class for settlement purposes; (3) appointing Plaintiff as the class representative for settlement purposes; (4) appointing Plaintiff 's counsel as class counsel for settlement p...

Excerpt: ...non Corporation (Cannon) served Special =nterrogatories, Set Two, and Request for Production of Documents, Set Two (collectively the Discovery), on Plaintiff. (Declarations of Michael B. McDonald (McDonald Decs.), ¶¶ 2, Exs. A.) On March 12, 2024, Plaintiff served responses to the Discovery. (=d., ¶¶ 3; Exs. B.) Neither set of responses was verified, and no verification has been received by Cannon. (=bid.) Cannon has filed two motions, moving...

Excerpt: ...ted to a truck, tractor, and trailer, that were driven in an unsafe manner causing a collision with Plaintiff 's vehicle. On September 7, 2023, Horge Mansfield (“Mansfield”) who was a passenger in Montoya's car when the incident occurred, filed Case No. 23CVP -0296, which is a personal injury action against three of the four Defendants arising from the same vehicle collision. Defendants seek to consolidate the two actions. No opposition has b...

Excerpt: ...ing occurred and based on the contention that the Defendants' Safety Compliance Manager, who was aware of the prior incidents, failed to take necessary precautions to protect customers from the known risks revealed in the prior incidents. Defendants have moved for summary adjudication claiming that (1) notwithstanding internal documents linking the three incidents, the two prior incidents are not similar to the one that injured plaintiff, and (2)...

Excerpt: ...vco, LLC. The case concerns multiple investments Plaintiffs made with Defendants in a series of real estate development projects pursued by Belsher and Wright. Plaintiffs alleged they invested millions of dollars with Belsher and Wright, which investments have been lost. The case proceeded to a bench trial commencing October 17, 2023 and continued over 16 days, concluding on December 14, 2023. Following the presentation of evidence, the parties s...

Excerpt: ...ef Administrative Officer (CAO) Wade :orton (:orton), and for a protective order prohibiting his being deposed. Plaintiffs oppose the motion. The parties met and conferred prior to filing the motion. Pursuant to Code of Civil Procedure section 1987.1, subdivision (a), the Court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including pro...