Excerpt: ... Defendants have disputed all liability and argued that the case should not be maintained as a class action. The action has been heavily litigated. Nonetheless, after attending mediation, the parties reported that they settled the matter. (Stip., filed 01/15/21.) Currently on calendar is Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (the “Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed and seeks a...

Excerpt: ...f drugs, and that before she struck Plaintiff, numerous drivers called 911 to report Defendant's erratic driving. Now at issue are two motions relating to a neuropsychological examination of Plaintiff conducted on behalf of the defense by Dr. Mi‐Yeong Jo (“Dr. Jo”), on July 13, 2020, in Santa Barbara, California. Plaintiff filed a motion compelling the production of Dr. Jo's report, and for a monetary sanction of attorney's fees. However, a...

Excerpt: ... conservatorship remains in place with letters set to expire on June 1, 2021, the same date set for an evidentiary hearing on the petition for general guardianship. The impetus for the conservatorship proceedings were allegations that Diane was induced to convey her home, without consideration, to her daughter Maureen McCoy.2 In response, Diane asserts that she had good reason to convey her residence because it was facing foreclosure for unpaid t...

Excerpt: ...enses and attorney's fees against Defendant pursuant to Code of Civil Procedure section 128.5, for bad faith actions and tactics that were frivolous and solely intended to cause unnecessary delay in respect to the parties' mediation. Plaintiff contends that Defendant, and his insurance company and adjuster, failed to participate in good faith, preceding and during the parties' November 19, 2020 mediation. Defendant opposes the motion. No reply wa...

Excerpt: ...int 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, and was struck by a ...

Excerpt: ...Settlement. In compliance with its local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385. The order states the matter would be dismissed on June 15, 2021, absent a motion to vacate the order filed before that date. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have judgment entered pursuant to Code of Civil Proced...

Excerpt: ...(“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.1 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)2 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 3043 to Hansen. In exchange,...

Excerpt: ...ompany, LLC (“Bening”), and Roberta Chavez, alleging seven causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Re...

Excerpt: ...duction of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third set of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the responses. Counsel for Mathis replied on February 21, 2020. On March 13, 2020, Mathis ser...

Excerpt: ...Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories and for $2,785.50 in sanctions; (2) Motion to compel further re...

Excerpt: ...ust 10, 2017, the Court held a hearing on the matter and found that “Mr. Hafler is storing a recreational vehicle on his property in violation of San Luis Obispo County Code 22.30.040, which prohibits accessory storage on a site without an established principal use, such as a house.” (Judgment, filed 08/31/17.) The Court issued the requested permanent injunction and ordered Hafler to (among other things) “[i]mmediately remove all necessary ...

Excerpt: ...d Form Interrogatories ‐ Employment Law (Judicial Council form DISC‐002), set one on Faith. Faith provided verified responses on December 11, 2020. On January 7, 2021, Plaintiff's counsel sent a meet and confer letter outlining issues with Faith's responses to interrogatories 201.5 and 201.6. Faith had responded to both interrogatories with the same objections: Responding Party objects that the interrogatory is not reasonably calculated to le...

Excerpt: ...‐Beverly Warranty Act. Plaintiffs' lawsuit centers around their 2017 purchase of a 2013 GMC Acadia (the Subject Vehicle) from Defendant. (Compl., ¶¶ 4, 5.) Plaintiffs allege the Subject Vehicle had various defects and malfunctions including: gear shifting delay, motor mount failure, inoperable horn, faulty purge solenoid, rattle noise from air conditioning system, and steering/suspension issues. (Compl., ¶ 10.) Now before the Court are two m...

Excerpt: ...has been filed by Defendant Rass Holdings, LLC (Rass) against both Plaintiffs; Mondo Wine Estate, LLC; Carl Douglas Mondo; Tyler Chernack; and Alternative Real Estate Investments, Inc. dba Cannabis Real Estate Consultants (AREI). Rass's cross‐ complaint asserts twelve causes of action, six of which are pled against AREI: the fourth cause of action for fraud, the seventh cause of action for interference with contractual relationships, the eighth...

Excerpt: ... receive the verification, their counsel followed up by emailed letter on November 12, 2020, in anticipation of the upcoming trial. Having received no response, counsel for the Fears sent a second follow‐up letter on November 20, 2020 (setting a compliance deadline of November 25, 2020); and a third follow‐up letter on November 30, 2020 (setting a compliance deadline of December 2, 2020). (Denove Decl., ¶¶ 2‐8, Exs. 1‐5.) On December 1,...

Excerpt: ...nt failed to appear in the action and default was entered against Defendant on January 6, 2021. No default judgment has yet been entered. Sentry's motion for leave to file complaint‐in‐intervention is now on calendar. The motion was served on Plaintiff and no opposition was filed. Defendant is an electrical contractor, hired by Plaintiff's employer, Entegris, to install electrical components that after installation caused Plaintiff to suffer ...

Excerpt: ...on, Unlawful Business Practices (Bus. & Prof. Code, §17200, et. seq.). Defendant now demurs to the complaint and each cause of action in the complaint. Plaintiff opposes the demurer. The Court grants Defendant's Request for Judicial Notice (“RJN”.) The parties met and conferred prior to the filing of the demurrer. (Mu Decl., ¶¶ 6, 7.) I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pl...

Excerpt: ...s filed. Defendant contends that she was not personally served with the summons and complaint within sixty days of the filing of the action, pursuant to California Rules of Court, rule 3.110(b). Additionally, Plaintiff failed to file a request for extension to serve the complaint or an order issued by the Court. Defendant therefore contends that the purported service on her is not valid and should be quashed. Defendant denies being personally ser...

Excerpt: ...he Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). With its lawsuit, the City seeks to acquire the following easements in the Property, collectively referred to as the Easement Interests: ‐ A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres) (the South Pipeline Easement); ‐ A temporary construction ea...

Excerpt: ...d 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 between the signing of the op...

Excerpt: ...o Provide Further Written Responses To Form Interrogatories And For An Award Of Sanctions. Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements 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 mot...

Excerpt: ...ises from a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange) and the California State Grange, on the one hand, and the California Guild, on the other hand. As outlined in the FAC: The National Grange is a nationwide, multi‐tier fraternal organization that was founded in 1867 to promote the interests of farmers and communities throughout the United States. The National Grange is the name...

Excerpt: ...plaint is filed on behalf of Plaintiff and the Estate of Victor Raigoza. The CDCR now demurs to the complaint pursuant to Code of Civil Procedure sections 430.10(a) and (e) on the ground that the pleading does not state facts sufficient to constitute a cause of action.2 The CDCR demurs to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against public entities, that Plaintiff...

Excerpt: ...unds, and after the time to oppose had passed, the parties stipulated that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse and wrongful death. Plaintiffs allege that in December 2014, their father, Mauricio Cardenas, was a resident of the The Manse on Marsh, and that Defendan...

Excerpt: ...s of action for (1) financial elder abuse (against all Defendants); (2) physical elder abuse (against John1 and Carolyn); (3) neglect (against John and Carolyn); (4) isolation (against John and Carolyn); (5) undue influence (against all Defendants); (6) breach of fiduciary duties (against all Defendants); and (7) negligence (against all Defendants). There is a related probate action (San Luis Obispo Superior Court Case No. 20PR‐0152) filed May ...

Excerpt: ...e section 2924; 2) Violation of Civil Code section 2923.6(c); 3) Violation of Civil Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her pers...

Excerpt: ...ff now brings a motion pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed first amended complaint to clarify allegations in her complaint and add a claim for punitive damages. (Griffith Decl., ¶ 4; Exh. 11.) Defendant opposes the motion. No reply was filed by Plaintiff. I. Legal Standard “[T]here is a strong policy in favor of liberal allowance of amendments.” (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290,...

Excerpt: ...ending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Italics added.) According to t...

Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court Plaintiff's motion to compel Defendant's further response to special interrogatories. Plaintiff seeks further responses to interrogatory numbers 6, 7, 8, 9, 10, 11, 18, 27, 28, 29, 30, 31, 33, 34, 36, 38, 39, 40, 41, 42, 43, 44, and 45. Defendant asserted objections, only, to all these interrogatories, with the exception of no...

Excerpt: ...he complaint on March 19, 2020. On August 5, 2020, the County served (a) form interrogatories, set one; (b) special interrogatories, set one; (c) requests for production of documents, set one (“RFPs”); and (d) requests for admission, set one (“RFAs”). After receiving several extensions, Plaintiff's responses were due on October 9, 2020. At the time of filing these discovery motions (November 13, 2020), no responses had been received. (Gri...

Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...

Excerpt: ...ohn Robinson, and Joseph Seither are members of the EHHOA board, while David Singer is the chief executive officer of REG Property Management (“REG”), and the property manager at REG, responsible for handing the EHHOA account. 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...

Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...

Excerpt: ... Obispo (Cal Poly)'s administrative findings and decision which found Petitioner responsible for sexual misconduct and expelled him from Cal Poly as a result. The Subject Incident. Doe and Jane Roe, also a Cal Poly student, met through Cal Poly's Disability Resource Center (DRC) and were friends. (Administrative Record [AR] 299.) On March 17, 2018, Roe went to downtown San Luis Obispo for a St. Patrick's Day pub crawl. Before leaving her house in...

Excerpt: ...ge garnishment, the parties reported to the Court that the matter had been settled. Currently before the Court is Defendant's Motion for an Order Vacating and Setting Aside the Default and Default Judgment, on the ground of extrinsic fraud. Plaintiff has not filed an opposition. According to the proof of service filed on January 7, 2008, Defendant was served by substituted service on December 26, 2007, by leaving a copy of the complaint and summo...

Excerpt: ...uary 12, 2019, and Dental Works West was served by substituted service that same day. At the time the complaint was filed, the Court issued an Order to Show Cause (“OSC”) re Sanctions under California Rules of Court, rule 3.740, and set a hearing for December 12, 2019. On that day, Plaintiff's counsel requested a continuance, and the Court set the matter for an OSC re Dismissal on February 3, 2020. Prior to the February 3, 2020 hearing, (on D...

Excerpt: ...onal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187 to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss and Katherine E. Diaz.1 The notice of hearing, motion and supporting documents ...

Excerpt: ...death on June 29, 2019, and that Respondent took advantage of Settlor and his progressive neurological disorder by inducing him “to marry her, create a trust naming her as beneficiary and successor trustee, and execute transfer and other documents intended ... to make sure she acquired all of [Settlor's] property upon his death.” (Am.Pet., ¶¶ 5, 6.) Respondent filed a response to the amended petition on November 10, 2020. According to the a...

Excerpt: ...�exempt HVAC technicians. Plaintiffs' second amended complaint alleges causes of action for (1) failure to provide rest breaks, (2) failure to provide meal periods, (3) failure to pay all wages earned for all hours worked [at] the correct rates of pay, (4) wage statement penalties, (5) waiting time penalties, (6) failure to indemnify, (7) unfair competition, and (8) civil penalties under the Labor Code Private Attorneys General Act of 2004 (Labor...

Excerpt: ...he breeding of a foal and the boarding and care of the baby and its mother. Plaintiff has been caring for and feeding the mare and foal since 2017, and its damages continue to accrue. Plaintiff filed proof of personal service on Defendant, but Defendant has not appeared. Default was entered on February 5, 2019. On December 18, 2019, this Court granted Plaintiff a continuance to submit its default judgment package due to challenges faced by Plaint...

Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Defendant's motion to compel Plaintiff to provide further responses to special interrogatories. With its motion, Defendant requests an order compelling Plaintiff to respond to special interrogatories, set three, without objection and for financial sanctions against Plaintiff “in an amount deemed reasonable by this Court.�...

Excerpt: ...of Transportation. Plaintiff's first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisance, and inverse condemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Hig...

Excerpt: ...ons and Rehabilitation (CDCR) as Defendants. The FAC alleges causes of action for negligence, declaratory and injunctive relief, conversion, and emotional distress, and Plaintiff seeks compensatory damages and punitive damages. Plaintiff's lawsuit stems from the confiscation of his Sony boombox upon his arrival at CMC. Plaintiff alleges he was previously allowed to have the boombox at another penal institution. Plaintiff alleges that Sergeant Dav...

Excerpt: ...sues; 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 of all three subtrusts until her deat...

Excerpt: ...nterrogatories, Set One; and 4) Request for Production of Documents, Set One (collectively the “Discovery”). (Balsamo Decl.2 , ¶ 2.) On August 17, 2020, Julie's attorney requested an extension of time to respond to the Discovery to September 17, 2020 so Julie could retain litigation counsel; Charles' counsel granted that request. (Balsamo Decl., ¶ 4.) On September 16, 2020, Julie's other attorney emailed and requested a second extension to ...

Excerpt: ... the Survivor's Trust), Trust B‐Family Trust, and Trust C‐Exemption Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children, Marianne and Gail became the successor trustees of all three subtrusts.1 Upon Claire's death, Trust A became irrevocable. Prior to that, however, Clai...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ...vil Procedure section 473(b) (“Section 473(b)”). In support of the motion, Plaintiff explains that on February 21, 2020, it submitted its renewal of judgment package to the court, and received notice from ABC Legal Services that the case was not available for e‐filing and to contact the court to migrate the case.1 Plaintiff states that “[d]due to the Covid‐19 pandemic, the stay at home order and court closures, Plaintiff was unable to s...

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31‐page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court den...

Excerpt: ...failure to provide notice of sick leave, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Plaintiff's motion for evidence and monetary sanctions, a protective order, and disqualification of Defendant's counsel. (Code Civ. Proc., § 2023.030.) Defendant filed an untimely opposition, which Plaintiff has addressed on reply. Plaintiff specifically requests: (1) An order prohibit...

Excerpt: ...ee 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 complaint also identifies Vincent's then three‐year...

Excerpt: ...roducts and negligence, and seeks damages of approximately $425,000 representing the sums Sentinel paid out to resolve its insured's claim. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (“Beshert”), and CV Commercial Real Estate (“CV Commercial”). On January 4, 2019, DC Design filed a cross‐ complaint against Chro...

Excerpt: ...ista. Plaintiff alleges that prior to the surgery he could walk, but immediately after, he was unable to walk or move his legs. Trial is set for October 25, 2021. Currently before the Court is Defendant's motion to bifurcate. Specifically, Defendant seeks a separate trial and jury for his medical malpractice statute of limitations defense under Code of Civil Procedure section 340.5, to precede trial on Plaintiff's medical malpractice cause of act...

Excerpt: ...es that Ms. Schwind is the sole principal of PGF, and uses that entity as her alter ego. (Id., p. 2, ¶ 9.) Plaintiff alleges that on or about June 27, 2017, Plaintiff made a partly written, partly oral agreement with Schwind and PGF. (FAC, p. 3, ¶ BC‐1.) Plaintiff alleges that it hired PGF, which supplied Ms. Schwind to provide consulting services to Plaintiff's licensed cannabis cultivation clients, and Plaintiff agreed to pay PGF for such s...

Excerpt: ...h (“Ainsworth”), and the California Department of Parks and Recreation (the “CDPR”). The Petition challenges the Commission's July 9, 2020 approval, and related issuance of a coastal development permit to the CDPR for dust control measures at the Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “SVRA”), including an amendment to the initial 105‐acre approval and permit and CDPR's issuance of a May 28, 2020 Addend...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ... Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). (Tardiff Decl.., ¶ 1; Bailey Decl., Ex. A [11/20/18 ltr from Ross to the Court].) On March 20, 2020, Ross received a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “First Subpoena”) from Jonas Bai...

Excerpt: ... An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer filed a cross‐complaint for fraud, neglige...

Excerpt: ...ondemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right‐of‐way between the Highway and the Property, which includes a curb that captures water ru...

Excerpt: ...ker Request. On August 6, 2020, Drucker filed a request for civil harassment restraining order (San Luis Obispo Superior Court Case No. 20CVP‐0253, the Drucker Request) seeking protection for himself and his family from Ober. Drucker's request for a temporary restraining order (TRO) was denied the same day1 . In his Request, Drucker claimed that Ober verbally harassed Drucker's wife, Regina Drucker. Drucker claimed that Ober stared into the Dru...

Excerpt: ...t 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.) Allegations in the Original Complaint. In her original verified complaint, Plaintiff alleges that she contacted Defendant Channon Clagg in June 2019. Plaintiff alleges she wanted to rent the ...

Excerpt: ...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 had pre‐ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick‐up counter to retrieve his food. (FAC, 4:4‐6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9‐10.) Plai...

Excerpt: ...r 24, 2020, the Guimaraes Defendants served a subpoena for the production of business records on the San Luis Obispo County Probation Department (the County), requesting the following records for Keith Bernard Murphy, date of birth 12/1/1990: Complete records from the first date to the present, including but not limited to call recordings, call logs, transcripts, CAD logs, traffic collision reports, photographs, MPEG or JPEG files, digital images...

Excerpt: ..., 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 February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (�...

Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...

Excerpt: ...Cambria was Plaintiff's broker and Mr. Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...

Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...

Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...

Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...

Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of the amended complaint is that Defendants, in breach of their legal and contractual obligations ...

Excerpt: ...relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. The Parties. The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee1 , for the Property...

Excerpt: ...s of action for general negligence, as well as “wrongful death, pain and suffering, funeral expenses, and legal expenses.” The FAC also seeks punitive damages and $250,000 in compensatory damages. In the FAC, Plaintiff alleges she is the “mother of the deceased (Keith Bernard Murphy II)” (Decedent). Plaintiff alleges that Decedent suffered from various mental health issues, and had a history of substance abuse and suicidal ideation. Plain...

Excerpt: ...enying the restraining order, on the grounds that Petitioner failed to meet the burden of proof. On September 16, 2020, Volk filed a memorandum of costs in the amount of $761.36; no motion to tax costs was filed. Volk now brings a motion for an award of reasonable attorney's fees pursuant to Code of Civil Procedure section 527.6(s), which provides that the prevailing party in an action brought pursuant to section 527.6 may be awarded court costs ...

Excerpt: ...rner negligently drove forward without confirming Plaintiff was safely in the vehicle and drove over Plaintiff's left foot and leg, causing serious injury. (Complaint, ¶ 6.) Turner now moves for an order pursuant to Code of Civil Procedure section 2025.610(b) for a subsequent limited deposition of Plaintiff for the purpose of inquiry regarding documents produced subsequent to Plaintiff's first deposition, which are inconsistent with Plaintiff's ...

Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...

Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...

Excerpt: ...lity violations, malice, right to privacy violations, disclosure of private facts, abuse of process and theft. (Complaint (“Compl.”), p. 3.) Plaintiff's form complaint alleges a series of intentional torts, including obtaining medical records for the purpose of financial gain and to intimidate, harass, embarrass, and humiliate Plaintiff in the process and abuse of discovery (Compl., p. 4); violation of Plaintiff's privacy by violating the Inf...

Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...

Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...

Excerpt: ...rty, (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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...

Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...

Excerpt: ...e of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...

Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...

Excerpt: ... 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 February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...

Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...

Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...

Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...

Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). 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. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. In November 2019, Plaint...

Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...

Excerpt: ... guarantees be executed. Defendant moves to strike the complaint pursuant to Code of Civil Procedure section 435, and for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiffs oppose the motion. Defendant argues that Plaintiffs' complaint was filed in bad faith, is frivolous, and was filed in disregard for the current global pandemic landscape. Defendant's counsel submits his declaration in support. Defendant argues t...

Excerpt: ...“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles on Kleck Road. On June 17, 2020, Kleck served an individual Deposition Subpoena for Production of Business Records (the “Subpoenas”) on nonparties Dean Stroud and Lynn Stroud (the “Strouds”). Lynn Stroud is Plaintiff Lisa Canchola's sister. The Strouds live next door to Plaintiffs and in August 2018, also fi...

Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...

Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...

Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...

Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligen...

Excerpt: ...ses 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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...

Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...

Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...

Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...

Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...