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: ...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...