Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...m a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff alleges that during this visit, Defendant's employees informed Plaintiff that dogs are not allowed in its restaurant. Plaintiff's lawsuit seeks a state‐wide permanent injunction requiring Defendant's restaurants throughout California to adopt a general nondiscrimination policy...

Excerpt: ...to their complaint adding Rossetti Company Management, Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, wher...

Excerpt: ...demur to the SAC. Henry Alan Heer (“Heer”) now demurs to Plaintiffs' eleventh cause of action for Unfair Business Practices under Business and Professions Code sections 17200, et seq. (the “UCL”), in the SAC, on the grounds that the SAC fails to allege facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Counsel for the parties met and conferred prior to filing this demurrer. (See Newsum Decl.) I. Standard at ...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...t of statements that Defendants made about Plaintiff to Detective Eric Stradley of the San Luis Obispo Police Department, during an investigation in June 2019. Attached in support of the complaint's allegations are police reports prepared by Detective Stradley, memorializing his discussions with two witnesses, identified by Plaintiff as Defendants. (Cmp., Exs. 1, 3.) Currently before the Court are the Defendants' individual motions to strike purs...

Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...

Excerpt: ...ce filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...

Excerpt: ...ffering from the coronavirus at other California penal institutions to be moved to the California Men's Colony in San Luis Obispo (the “CMC”). The petition asks, among other things,1 that the Court prohibit the California Department of Corrections and Rehabilitation (“CDCR”) from making any such future transfers. Respondent has not yet been served with the petition. On October 27, 2020, Petitioner filed a request for an order (1) that he ...

Excerpt: ...in San Luis Obispo County. Plaintiffs subsequently filed three amended complaints and have named multiple additional defendants, including the California Department of Transportation, Caltrans, the State of California, CHG Medical Staffing, Inc., DaVita, Inc., and Foundation Medical Staffing. CHG Medical Staffing Inc., Foundational Medical Staffing, and DaVita Inc. (“Defendants”) now move this Court for an order permitting them to file under ...

Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...

Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...

Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...

Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...

Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...

Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...

Excerpt: ...rrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...

Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...

Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...

Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions Code sectio...

Excerpt: ...ranted Plaintiff's unopposed motion for terminating sanctions. Defendant's answer and cross‐complaint were stricken, and default was entered. On January 13, 2021, the Court held a default prove‐up hearing, at which Plaintiff was sworn and examined. On January 14, 2021, default judgment was entered against Defendant in the total amount of $1,060,351. On March 11, 2021, Defendant filed a substitution of attorney, wherein her current counsel at ...

Excerpt: ... a consultant who assisted with the planned subdivision. On May 5, 2020, Plaintiff served a Deposition Subpoena for Production of Business Records on Kirk Consulting. Kirk Consulting complied with the subpoena by producing responsive documents, as well as a one‐page privilege log objecting to production of seven emails on the grounds of attorney‐client privilege and/or the work product doctrine. Defendant reports that all correspondence betwe...

Excerpt: ...Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020 (two days before the Machado Action), and includes multiple counts of embezzlement under Pena...

Excerpt: ... his sister, Susan Shively. Respondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that, ...

Excerpt: ... for fees and costs pursuant to Civil Code section 1717, which provides in relevant part: In any action on a contract, where the contract specifically provides the attorneys' fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not...

Excerpt: ...ivil action against Defendant. Plaintiff's complaint is captioned as “Verified Complaint in Equity to Set Aside Judgment Obtained by Extrinsic Fraud or Mistake; Default and Default Judgment Rendered by Court Lacking Jurisdiction over Defendant.” The crux of Plaintiff's civil action is that he was never served with process in the Collections Action, and the substituted service made on his alleged co‐tenant was ineffective. Thus, according to...

Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and pr...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...(2) strict liability – manufacturing defect; (3) strict products liability – design defect; (4) strict products liability – failure to warn; and (5) negligence. Plaintiff's complaint alleges that his right index finger was crushed and subsequently amputated while operating a model no. IF 12‐1/2, Series One Niagara Power Squaring Shear (the Niagara Squaring Shear) as part of his job duties for his employer, PWS Construction (PWS). (Compl.,...

Excerpt: ...Keystone's Motion for Order Reclassifying Action as a Limited Civil Case, pursuant to Code of Civil Procedure section 403.040. The other Defendants filed a joinder to the motion on June 4, 2021. Plaintiff opposes the motion.1 For the reasons set forth below, the motion is denied. According to Keystone, Plaintiff underwent a dental implantation procedure for a single tooth, which has since been successfully restored with a new implant. Keystone no...

Excerpt: ...pondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that on numerous occasions prior to h...

Excerpt: ...g on January 6, 2021, at 9:00 a.m. in “Paso Robles Department 2.” OSC stated that it would be vacated if a response was filed or if a default judgment was entered at least 10 court days prior to the hearing. On December 24, 2020, the Court electronically served on Plaintiff's counsel a Notice of Hearing by Zoom, which confirmed the date, time, and department (“Paso Robles Department 2”) for the OSC. Plaintiff did not appear at the OSC hea...

Excerpt: ... property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action against Defendant...

Excerpt: ...due and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 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. Atla...

Excerpt: ...7, which he asserts is defective. On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019, in which it agreed to “comply in full” with Plaintiff's RFP numbers 16 and 22. Those RFPs requested: REQUEST FOR PRODUCTION NO. 16: All DOCUMENTS, inclu...

Excerpt: ... of action1 on the grounds that it fails to allege facts sufficient to state a cause of action for quiet title under Code of Civil Procedure section 430.10(e). U.S. Bank filed a notice of joinder in the demurrer. However, U.S. Bank filed an answer to the complaint on July 10, 2020, almost nine months before the demurrer was filed. A joinder seeks the same relief sought in the moving party's papers. (See Weil & Brown, Cal. Practice Guide: Civil Pr...

Excerpt: ...on or review by a judicial body or other official proceeding (Code Civ. Proc., § 425.16(e)(2)); and/or 2) in furtherance of the exercise of the constitutional right of petition or constitutional right of free speech in connection with a public issue(s) or issue(s) of public interest. (Code Civ. Proc., § 425.16(e)(4).) Defendant contends that Plaintiff's complaint arose from Defendant's protected activity and Plaintiff cannot establish a probabi...

Excerpt: ...d into a contract with Webcor Construction, LP to construct a project, and that Webcor then entered into a written subcontract with Plaintiff for the project with an agreed‐upon contract price of $16,424,494. (FAC, ¶¶ 8‐9.) Plaintiff alleges that Webcor has not paid Plaintiff nearly three million dollars under the contract. (FAC, ¶ 16.) Plaintiff alleges that it previously served on CSU a stop payment notice in the amount of $2,864,487.54,...

Excerpt: ...verse condemnation. In their FAC, Plaintiffs allege they own a 48‐acre parcel in the San Luis Obispo County (the Property) to cultivate wine grapes. (FAC, ¶ 8.) Plaintiffs allege they acquired the Property in 2012. (FAC, ¶ 9.) Plaintiffs allege in summer 2013, they hired Miller Drilling Company to install an electric water pump and related water supply facilities on the Property's existing water well for the purpose of irrigating Plaintiffs' ...

Excerpt: ...laint (“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. The SAC sets forth the following allegations. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction (the “Purchase Agreement”) with Kleck, the owner of the property. Merrill and Andrew were, respectively, the broker and agent negotiating ...

Excerpt: ...wn Creek Lane, Paso Robles, and Defendants own 7330 Town Creek Lane, Paso Robles. (Compl., ¶¶ 1, 3.) Plaintiff alleges the two properties share a common border with the lake during high water levels, but because of the drought, Plaintiff “has consistently crossed over the Raad Property during periods of low water levels by way of an access road [the Lake Access Road] openly and without permission for a period in excess of twenty years.” (Co...

Excerpt: ... (the Settlement). On August 13, 2020, this Court granted the parties' motion for preliminary approval of the Settlement. Now before the Court is Arguello's unopposed motion for final approval. The settlement class consists of 1,227 Class Members, defined as all persons that Defendant employed in California during the class period. The class period is May 21, 2014 through August 13, 2020, the date the Court granted preliminary approval. The parti...

Excerpt: ...intiff filed her first amended complaint on June 1, 2018. Plaintiff filed her Second Amended Complaint (”SAC”) on October 3, 2018. The SAC alleges three causes of action, for (1) negligence against SPS; (2) violation of the Homeowner Bill of Rights (“HBOR”) against all Defendants; and (3) and Unfair Business Practices under Business and Professions Code section 17200, et seq., against all Defendants. The action arises out of Plaintiff's a...

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

Excerpt: ...ition of Public Property is alleged against the State of California (the “State”), amongst other Defendants. On January 12, 2021, the State served two deposition subpoenas for business records relating to Jordan's records on California Polytechnic State University, in San Luis Obispo (“Cal Poly”), and on Cal Poly Campus Health & Well Being, seeking production of records, on February 8, 2021 (the “Subpoenas”). The Subpoenas were both a...

Excerpt: ...nded Summons and Complaint were served on Jay Coakley at 32230 N. Harbor Dr., Fort Bragg, CA 95437 (the Fort Bragg Address”) via substituted service. The documents were left with Jay Coakley Jr., son of Defendant, on January 17, 2018 at 3:35 p.m., and were mailed to that same Fort Bragg Address on that same date from Ft. Bragg, California. Defendant did not appear in the action. On June 3, 2019, default was entered against Defendant. On January...

Excerpt: ...ach, known as Tract #3043 (“Tract 3043”). On November 29, 2016, a Statement of Agreement was filed reporting the parties had participated in mediation which resulted in a conditional settlement. The matter has been on calendar for various status reports since that time.2 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)3 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 30...

Excerpt: ...g Statement identifying the Lender as “WebBank” and the Borrower as Defendant. Defendant filed an answer to the complaint on October 13, 2020. Now before the Court is Defendant's motion to compel arbitration. The Court is not in receipt of an opposition; a proof of service is on file. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocab...

Excerpt: ...ys General Act (“PAGA”). Plaintiffs and Defendants have now settled, and Plaintiffs move for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiffs served the motion and supporting documents on Defendants; no opposition or objection was filed. Plaintiffs seek an order: 1) Provisionally approving and certifying the Settlement Class; 2) Provisionally approving the Named Plaintiffs (ALEJANDRA GUZMAN, K...

Excerpt: ...ode of Civil Procedure section 426.50. Defendant's proposed cross‐complaint alleges claims for declaratory relief and reimbursement, no coverage and reimbursement, fraud and deceit, and negligent misrepresentation against Plaintiff. (Exh. 1.) Defendant contends that it learned of misrepresentations and concealments by Plaintiff when it received supplemental responses to written discovery on or about October 14, 2020. (Valdespino Decl., ¶ 2.) D...

Excerpt: ...motion for preliminary approval of class action settlement, which motion the Court granted on November 18, 2020. Now before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of 267 Class Members, defined as “all current and former employees who worked for Defendant in California at any time from April 25, 2018 through March 26, 2019.” The Parties have agreed to settle the class claims for a ...

Excerpt: ...s' fees under Code of Civil Procedure section 1021.5 (Section 1021.5). Legal Authority. Pursuant to section 1021.5, a trial court may ‘award attorney[ ] fees to a successful party against one or more opposing parties in any action [that] has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of...

Excerpt: ...ry on Defendant, including demands for production of documents, special interrogatories, form interrogatories, and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs now bring four motions: • Motion to Compel Defend...

Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...t (“REG”) and its chief executive officer, David Singer, were also named as defendants. They were dismissed without prejudice on April 2, 2021. On May 17, 2021, EHHOA filed a cross ‐complaint against Plaintiffs. Plaintiffs and the individual Defendants all reside within Emerald Hills Estates, a common interest development, located in San Luis Obispo (the “Development”). The Development is subject to both the Davis‐Stirling Common Inte...

Excerpt: ...ictoria Street Partners, LLC alleging causes of action for (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiffs allege is a “shell game...

Excerpt: ...ntacted by the arbitrator by phone. On November 14, 2018, the arbitrator issued and served his decision, which awarded $7,693 in favor of Ausman, plus interest at the legal rate of ten percent per annum “from the 30th day after the date of service of this award.” Although the arbitration was non‐binding, it becomes binding unless a party has sought trial within 30 days after service of the award. (Bus. & Prof. Code, § 6203(b).) If no actio...

Excerpt: ...t 31, 2012. Defendant answered the complaint on June 5, 2014. On March 6, 2015, the parties reached a settlement for $13,567.29. On March 20, 2015, the parties submitted a Stipulation for Settlement under which Defendant's insurance company (Progressive Insurance) agreed to pay $8,700 of the $13,567.29 settlement amount and Defendant agreed to pay the remainder of $4,867.29, in monthly installments of $15, starting on February 15, 2015. The parti...

Excerpt: ...al breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' settlement. Plaintiff brings this unopposed motion for preliminary approval of class action settlement, and moves the Cou...

Excerpt: ...d. Plaintiff previously moved for judgment on the pleadings, largely based on Defendants' failure to controvert the material allegations in the complaint based on their unverified answer. On January 12, 2021, this Court denied Plaintiff's motion for judgment on the pleadings, noting that Plaintiff's operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with ...

Excerpt: ...itration under both the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the California Code of Civil Procedure (§ 1280, et seq.)1 A. LEGAL STANDARD Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (§ 1281; see also Condee v. Longwood Mgmt. Corp. (2001) 88 C...

Excerpt: ...roperty in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. On December 21, 2018, the Court granted summary judgment in favor of the REDs, and dismissed them from this action. The crux of the dispute are Plaintiff's allegations that the Jensens knew, and failed to warn, o...

Excerpt: ...ranted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff filed her second amended complaint. On January 12, 2021, this Court heard argument on multiple demurrers and motions to strike filed by various Defendants. The Court sustained the demurrers with leave to amend and ordered Plaintiff to file a third amended complaint. Plaintiff se...

Excerpt: ...(5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action...

Excerpt: ...Shane Duclos (“Plaintiff”) filed this personal injury action on April 19, 2019, against Anil Chandular Panchal (“Defendant”). Defendant answered the complaint on May 30, 2019. The parties' dispute arises out of a motor vehicle versus motorcycle accident which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories,...

Excerpt: ... Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuries to his body....

Excerpt: ...ouble vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On July 14, 2020, Plaintiff filed a Motion for Appointment of Counsel, which was denied on October 6, 2020. This was not Plaintiff's first motion seeking appointment of counsel; all such motions have been denied. Plaintiff also apparently served but did not file a Motion for Appointmen...

Excerpt: ...iability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. The complaint alleges causes of action for (1) fraud; (2) misrepresentation and omission of material facts in violation of Corporation Code section 25401; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; and (5) breach of promissory note1 . On May 5, 2020, Plaintiffs filed proofs of service evidencing service of the summons, c...

Excerpt: ... dismissed Defendants David B. Singer and REG Property Management, Inc., without prejudice. Plaintiffs and the individual Defendants reside in Emerald Hills Estates, a common interest development (the Development) located in the City of San Luis Obispo. The Development is subject to both the Davis‐Stirling Common Interest Development Act (Civ. Code, § 4000, et seq.; the Act) and a Declaration of Covenants, Conditions and Restrictions, which wa...

Excerpt: ...ivil Procedure section 1048(a), to consolidate the action for all purposes into a single case caption filed in the Probate, as the actions involve common questions of fact and law. Code of Civil Procedure section 1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consol...

Excerpt: ...work. On January 22, 2021, Brown received by mail an Inspection Demand, Set 3, served by Plaintiff, and Hefele received an Inspection Demand, Set 2, served by Plaintiff. (Coffin Decl., ¶¶ 3, 4.; Exhs. B, C.) Each contained one Demand for Inspection (the “Demands”) seeking the following: Responding Party is to provide access to her electronic devices, including information stored on the primary device, external servers, the cloud, and delete...

Excerpt: ...On November 6, 2006, Claire amended Trust A (the “Ninth Amendment”). She amended Trust A again on July 12, 2007 (the “Tenth Amendment”). Trust A became irrevocable when Claire died on July 25, 2012. After her death, a Notification by Trustee under Probate Code section 16061.7 was sent in July 2012 to the Settlors' children advising them that Trust A had become irrevocable. On August 24, 2012, an explanation letter enclosing the Notificati...

Excerpt: ...y hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On October 23, 2020, Garden Street filed a first amended cross‐complaint (“FACC”) against Specialty.1 The cross‐complaint sets forth causes of action for (1) ...

Excerpt: ...d Multiple Other Directly Related Issues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee o...

Excerpt: ... which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories, special interrogatories, and requests for production of documents (“RFPs”) on Plaintiff. Responses were due on October 21, 2020. When no responses were received, Defendant's counsel sent a meet and confer letter to Plaintiff on October 27, 2020, asking for...

Excerpt: ...ddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional Defendants. The dispute arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In F...

Excerpt: ...il Procedure section 473.5(a). Bronner's counsel, Harold Mesick, declares that a friend put him in touch with Bronner, and when he reviewed Bronner's paperwork he immediately called Plaintiff's then counsel, Stephen Mitchell, to inquire about setting aside the default and litigating the matter. (Mesick Decl., ¶ 3.) Mitchell agreed to stipulate to set aside the default. (Ibid.) Subsequently a different attorney, James Lee, from the same law firm ...

Excerpt: ...nosis with Coflex, an interlaminar stabilization device, pursuant to wrongful practices. UHC now petitions pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, or, in the alternative, Code of Civil Procedure sections 1281, 1281.2 and 1281.4, to compel arbitration and to stay the proceedings. Plaintiffs do not dispute that the FAA applies. I. Legal Standard Both the FAA and California law favor arbitration. (AT&T Mobility LLC v. Con...

Excerpt: ...n, Keith McKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary...

Excerpt: ... cross‐complaint against Plaintiff. The parties' dispute arises from dueling easement claims between Plaintiff and Epifanio, who are neighbors in Arroyo Grande. Aaron Sr. is Epifanio's son, and Aaron Jr. is Aaron Sr.'s son and Epifanio's grandson. Plaintiff and Epifanio are each represented by attorneys. On November 4, 2019, Aaron Sr. filed a “response” to the complaint pro per and remains unrepresented by counsel. Also on November 4, 2019,...

Excerpt: ...tiff's notice of unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing ILYM as the settlement administrator; (3) awarding Plaintiff a Representative Service Award of $5,000; (4) granting Plaintiff's attorney's fee request for $71,750; and (5) providing Plaintiff's counsel reimbursement of $8,537.32 in litigation costs. The PAGA statute provides tha...

Excerpt: ...between the parties for Defendants' purchase of certain furniture, fixtures, and kitchen equipment related to the restaurant industry (the “FFE”). On September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). (Case No. 18CVP‐0323, the “Mullins Action.”) The dispute concerned Hansen's lease of commercial restaurant space located in Paso Robles, California (...

Excerpt: ...amended complaint on June 26, 2019, and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff's second amended complaint (SAC) named as Defendants: The County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lo...

Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...

Excerpt: ...pecialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On November 3, 2020, Garden Street filed a cross‐complaint against Blum & Sons Electric, Inc. (“Blum”), one of the subcontractors on the Project. The cro...

Excerpt: ...proximate 3,600‐foot‐long road in Templeton, to which Plaintiff claims he is entitled in perpetuity. Defendants dispute this. Plaintiff alleges that Defendants caused a buyer for Plaintiff's property to cancel the purchase when Defendants claimed that no legal rights to the road exist. Plaintiff alleges he has been unable to market and sell the property due to Defendants' actions. On March 3, 2021, Plaintiff filed a notice of conditional sett...

Excerpt: ...es of action for discrimination and harassment based on ancestry, race, and national origin, as well as retaliation under the Fair Employment and Housing Act (“FEHA”), intentional infliction of emotional distress, wage and hour violations under the Labor Code, and unfair business practices under Business and Professions Code section 17200, et seq. On February 28, 2020, Plaintiff served Requests for Production (Set One) on Defendants. On June ...

Excerpt: ...set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, th...

Excerpt: ...ists of ten parcels, all of which are accessed by a paved common road (i.e., Camino Vina). The parties' dispute arises out of Defendants' lease of their real property to AvantStay, Inc., (“AvantStay”) which conducts a short‐term rental operation at the premises. Currently on calendar is Plaintiffs' motion for summary judgment, or in the alternative, summary adjudication. Plaintiffs argue that AvantStay's activities constitute a breach of Ar...

Excerpt: ... and Chorro Streets in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death because: 1. Defendant, who was aware that Thomas was an alcoholic, nonetheless encouraged Thomas, shortly before his death, to become excessively intoxicated and paid for all of Thomas' numerous alcoholic drinks on the evening of Thomas' death; 2. Defendant failed to call 911 or otherwise report Thomas' excessive ...

Excerpt: .... Plaintiff's First Amended Verified Complaint, filed on May 15, 2020, alleges five causes of action to, and for (1) Quiet Title; (2) Enjoin Private Nuisance and Trespass; (3) Declaratory Relief; (4) Damages for Nuisance, Trespass, Trespass to Timber and Slander of Title; and (5) Punitive Damages (the “FAC”). Defendants filed their verified answer on July 2, 2020, in which they admit the allegations in part, deny the allegations in part, and ...

Excerpt: ... fell due to the debris strewn about from the collision. Plaintiff suffered a fractured hip that required hospitalization and surgery. The first amended complaint (“FAC”), filed on August 28, 2020, sets forth causes of action for (1) motor vehicle negligence, and (2) intentional tort. Plaintiff also seeks punitive damages. Currently before the Court is Defendant's (1) demurrer to the intentional tort cause of action, and (2) Defendant's motio...

Excerpt: ...dgments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint originally pled causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requested that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages. (Compl., pp. 4, 7.) On June 2, 2020, this Court sustained Defendant's demurrer to the complaint and ordered P...

Excerpt: ...rved on November 10, 2020. The Defendants' default was subsequently entered on November 19, 2020, and a default judgment entered on February 11, 2021. Currently on calendar is Burchell's motion to set aside the default and default judgment, pursuant to Code of Civil Procedure section 473(b) (“Section 473”). Under Section 473, the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her based on...