Excerpt: ...ation filed on October 12, 2021, by defendant and cross‐complainant Miracle Construction Company Incorporated d/b/a Miracle Play System (Miracle) against co‐defendants Universal Precast Concrete, Inc. (UPC), RRM Design Group, Vernon Edwards Constructors, Inc., Safeplay by Design, Inc,. The City of Pismo Beach and Cannon Corporation (the Cross‐Complaint). Miracle now moves for summary adjudication as to the third cause of action for express ...

Excerpt: ... appeared for his noticed deposition, and Jay Raftery (Raftery), counsel for plaintiffs Judkins, Marsh Higuera Mixed Use, LLC, and the Donald R. Judkins and Maxine Judkins Recovable Trust dated January 3, 1985 (collectively Plaintiffs), appeared at both the Judkins and Adams depositions. Belsher failed to notify Raftery that the depositions were cancelled and failed to appear at either deposition. (See Declaration of Jay L. Raftery (Raftery Dec.)...

Excerpt: ...at California Polytechnic University, San Luis Obispo (Cal Poly), the Vista Grande Project (the Project). DLR entered into a contract with the University to provide architect/engineer design professional services to the Project (the A/E Agreement). DLR now demurs to the entire complaint alleged against it by the Corporation, as well as each of the two causes of action contained therein on the grounds that they fail to state facts sufficient to co...

Excerpt: ...de a policy of workers compensation insurance to the Defendant, bearing Policy No. 9273402‐20 (covering the period of March 24, 2020 through February 26, 2021) and Defendant agreed to pay premiums in accordance with the terms and conditions of said policy, which provided for payment of premiums.” (Compl., ¶ 11.) Plaintiff alleges that Defendant breached a portion the agreement requiring Defendant to “submit to and allow Plaintiff's Assigno...

Excerpt: ...his treatment program. On May 31, 2022, Plaintiff served a Civil Subpoena Duces Tecum (the Subpoena) on Defendant. The Subpoena sought “all audio/video recordings of the interactions between John E. Odum and Larry Curlee that took place on April 17, 2019, and May 15, 2019.” The documents were to be produced on July 18, 2022. The parties have a history of discovery disputes regarding Plaintiff's attempts to obtain any audio/video recordings of...

Excerpt: ...‐ complaint against Plaintiffs. The dispute concerns the use and maintenance of an easement which crosses Defendant's property for the benefit of Moonstone's and Mr. Rust's parcels.1 Plaintiffs now seek leave to file a first amended complaint to add causes of action for nuisance and negligence. Plaintiffs state they realized their entitlement to assert such claims after attending mediation in February 2022. (Carrasco Decl., ¶ 5.) Replogle oppo...

Excerpt: ...Inc., Hanson Aggregates, LLC, and Hanson Aggregates Mid‐Pacific, LLC (formerly known as Hanson Aggregates Mid‐Pacific, Inc.) (HAMP) (collectively, Defendants), and sought preliminary approval of the class action settlement.1 Plaintiff's motion for preliminary approval was granted on June 1, 2022. Now before the Court is Plaintiff's unopposed motion for final approval of the class action settlement. Plaintiff moves the Court for an order appro...

Excerpt: ...gh 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 FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc. and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Like Machado, Ginger, who served as McKinsey's long‐time bookkeeper fr...

Excerpt: ...5.16 (i.e., the anti‐SLAPP statute)1 and dismissed the matter. The Court also found that Defendants were entitled to recover their costs and fees in connection with the anti‐SLAPP motion. Two months later, the Court awarded Defendants their attorney's fees and costs in the amount of $17,200. (§ 425.16(c).) Plaintiff has appealed both decisions. 2 An appeal of an order granting an anti‐SLAPP motion automatically stays all further proceeding...

Excerpt: ...es a claim against Wood's contractor's license bond. Wood and ACIC answered the complaint on July 18, 2019, and filed a cross‐complaint against Plaintiff that same day. Currently on calendar is ACIC's Motion for Judgment on the Pleadings. ACIC argues the claim on the contractor's license bond is barred by the relevant statute of limitations. (Code Civ. Proc., § 438(c)(1)(B)(ii)). Plaintiff opposes the motion arguing the parties agreed to toll ...

Excerpt: ...(SAC, p. 4.) Plaintiffs allege that Defendant knew Thomas, 21 years old at the time of his death, was an alcoholic but supplied him with an excessive amount of alcohol on the night of his death. Plaintiffs allege that, after encouraging Thomas to become excessively intoxicated, Defendant failed to call 911, or otherwise report Thomas's intoxication. Plaintiffs further allege Defendant abandoned Thomas on the night of his death. Plaintiffs allege ...

Excerpt: ...ive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. This lawsuit concerns the parties' ongoing disputes regarding the commercial development known as the SLO Public Market at Bonetti Ranch (the Project). On November 4, 2020, this Court granted Defendants' motion to compel arbitration, staying the lawsuit as to all claims with the exception of claims for the appointm...

Excerpt: ...reatment program. On March 10, 2022, Defendant propounded a Deposition Subpoena for Production of Business Records (the Subpoena) on CSH. The Subpoena seeks, “[a]ll documents and communications relating or referring to Larry Curlee and his participation in the Sex Offender Treatment Program at [CSH].” (Voss Decl., Ex. A.) Defendant objected to the Subpoena by completing an “Objection by Non‐Party to Production of Records.” (Curlee Decl....

Excerpt: ... open book account and account stated in the amount of $11,909.78. WP Group failed to file an answer, and default was entered as to it on May 24, 2022. FNB now moves for summary judgment against Westbay1 on both Westbay's complaint, and FNB's cross‐complaint. The Court grants FNB's unopposed request for judicial notice pursuant to Evidence Code section 452, subdivisions (d) [Exhibits D‐H] and (c) [Exhibit I].) Westbay opposes the motion. I. S...

Excerpt: ...ide rest periods and premium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). The parties mediated the dispute over a full day with experienced professional mediator Scott Radovich. (Declaration of Ruben Escobedo. ¶ 4.) Plaintiff and Defendant settled, and Plaintiff...

Excerpt: ...and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiffs' Motion for Preliminary Injunction.1 At a hearing...

Excerpt: ...iability. This lawsuit arises out of a series of shootings that occurred on June 10, 2020 in Paso Robles. A man named Mason Lira, now deceased, shot Plaintiff Nicholas Dreyfus in the face; Nicholas1 survived. At the time, Nicholas was a San Luis Obispo County Sheriff's Deputy. Tyler is Nicholas's wife. Lira also shot and killed James Watson, the father of Plaintiff Johnny Watson. Plaintiffs have sued Robert Bettencourt, an attorney, whom Plaintif...

Excerpt: ...opted Map). The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 On February 24, 2022, Petitioners propounded on the County of San Luis Obispo and the Board (collectively, the County) a first set of requests...

Excerpt: .... The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 Petitioners now seek leave to file a First Amended and Supplemental Petition for Writ of Mandate. Specifically, Petitioners seek to add (1) allegations ...

Excerpt: ...intiff alleges that various defects and nonconformities have manifested since she signed this contract, and that Defendant has been unable to conform the Vehicle to the applicable express warranty after a reasonable number of repair attempts. (Comp., ¶¶ 15, 17, 18.) Plaintiff's complaint sets forth two causes of action for violations of the Song‐Beverly Act: (1) breach of express warranty and (2) breach of implied warranty. Defendant moves to...

Excerpt: ...on, unpaid wages, and unreimbursed business expenses. Plaintiff now moves for leave to file a proposed First Amended Complaint (FAC). Plaintiff seeks to add causes of action for violations of Labor Code sections 1194, 510, 221, 2802, 201‐203, 226, 558.1 and 1102.5, wrongful termination in violation of public policy, and defamation in violation of Civil Code sections 44‐46. (See Ex. A. to Supplemental Declaration of Rebecca Peterson‐Fisher (...

Excerpt: ...he sole trustee. On November 22, 2016, Decedent's son, 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. Phase I of the trial has been completed, and Phase II of the trial is set to begin on January 9, 2023. Currently before the Court are Petitioner's motions to compel further responses to ...

Excerpt: ...ior to filing the demurrer. (See Declaration of Donald L. Mabry.) Plaintiff opposes the demurrer. I. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., § 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) The court must draw all reasonable infere...

Excerpt: ... and fair dealing re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. On July 18, 2022, both Defendants (hereinafter referred to as Cross‐Complainants) filed a first amended cross‐complaint (FACC) against Plaintiff and Joanne Russell (collectively referred to herein as Cross‐Defendants) asserting causes of action for (1) breach of contract, (2) fraud...

Excerpt: ...now move for leave to file a Second Amended Petition (SAP). (Ex. A.) Defendants oppose the motion. No trial date is set in the action. Plaintiffs seek to amend the petition to add an additional cause of action for preliminary and permanent injunction based on allegations that Defendant has been accessing its water company equipment via a road on Plaintiff's proper that it has no right to. (Declaration of Andrew W. Hays (Hays Dec.), ¶ 2.) Plainti...

Excerpt: ...li that same day. On June 18, 2019, Laurie Siegenthaler (Siegenthaler) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud, and alleging Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. On June 24, 2022, Andreoli propounded a Demand for Pr...

Excerpt: ...Petitioner now brings its petition seeking to compel the District to arbitrate a dispute regarding a disciplinary action taken by the District against a Union member, Andrew Kranes (Kranes), pursuant to a collective bargaining agreement (CBA) between the Union and the District. (Petition, Ex. A.) Kranes filed a Level One and Level Two grievance under the CBA in regard to the disciplinary action, namely a Letter of Reprimand dated September 22, 20...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

Excerpt: ...rial or supervisory position at FDI's Morro Bay location, and that on July 7, 2020, Carroll ordered Plaintiff, who was patronizing the FDI's premises, to leave the store. (FAC, ¶¶ 7, 9,10.) The FAC further alleges that Carroll then followed Plaintiff out to the parking lot and attacked him. (FAC, ¶ 10.) The FAC seeks to hold FDI liable for Carroll's actions based on the rule of respondeat superior. (FAC, ¶ 8.) The rule of respondeat superior ...

Excerpt: ...Obispo and the State of California. (Comp., ¶ 4.) Plaintiff alleges that she worked for Defendants as a non‐exempt Sales Advisor from approximately 2008 to June 2018. Plaintiff's job duties consisted of passing out food samples at demonstration tables inside Costco retail locations. (Comp., ¶ 9.) Defendants now move to compel arbitration of Plaintiff's claims pursuant to the Federal Arbitration Act and Code of Civil Procedure sections 1281.2 ...

Excerpt: ...eneral 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. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On March 13, 2020, Specialty filed a complaint in a separate lawsuit (20CV‐0167...

Excerpt: ... by Accessor's Parcel Number 017‐041‐036 in San Luis Obispo (“Property”). Pavao originally took title with Michael Szulborski (“Szulborski”), unmarried, on April 5, 2019. (Complaint ¶ 4.) At the time, Pavao and Szulborski were in a long‐term relationship but are no longer. (Id.) Pavao and Szulborski purchased the vacant land with the intention of establishing a cannabis farm. (Id.) Pavao put in the funds and was 80% owner while Szu...

Excerpt: ...ow moves pursuant to Code of Civil Procedure section 708.610, et. seq., to appoint a receiver for the purpose of transferring Rabbit Ridge's interest in two liquor licenses and for an order applying the proceeds from the sale of the licenses. The motion was served by mail on Rabbit Ridge by Leroy Codding, its registered agent and CEO. No opposition is on file. The Court grants Aggreko's Request for Judicial Notice (RJN) of the judgment in this ma...

Excerpt: ...es pursuant to Code of Civil Procedure section 437c for summary judgment on the complaint or in the alternative summary adjudication as to damages and each of the causes of action. Plaintiff opposes the motion. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding if it is contended that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a)(1).) A party may, in the alter...

Excerpt: ... the Russell M. Sheppel 2009 Irrevocable 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 TAC asserts thirteen causes of action against the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher a...

Excerpt: ...s Mondragon and Jiminez, dba Paradise Grill (“Lessee”) leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $194,663.20. Now before the Court is Plaintiff's Application for the Right to Attach Order and Order for Issuance of Writ of Attachment (“Application”) a...

Excerpt: ...ia. No response was filed, and default was entered against Defendant on June 14, 2022. Defendant now brings a motion to set aside the default pursuant to Code of Civil Procedure section 473, subdivisions (b) and (c), and section 473.5. The motion was filed within six months after the entry of default. Defendant's motion and supporting documents were properly served by mail on August 29, 2022. No opposition was filed. Defendant declares that altho...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

Excerpt: ...nch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in the Jones Defendants' favor and declined to award any relief to Plaintiffs. On May 6, 2022, this Court ...

Excerpt: ...ants' special motion to strike pursuant to Code of Civil Procedure section 425.16 (“anti‐SLAPP statute”) and dismissed the matter. Now before the Court is Defendants' motion for mandatory attorney fees and costs pursuant to Code of Civil Procedure 426.16(c).1 Under this section, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th.1122, 1131‐32.) Thus, ...

Excerpt: ...ot 1), which is located in a neighborhood known as Spanish Lakes (the Development). The Development is subject to both the Davis‐ Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.; the Davis‐Stirling Act) and a Declaration of Covenants, Conditions and Restrictions, which was recorded in December 1999 (the CC&Rs). (Cmp., Ex. 1.) The Association exists to serve the Development, and the Water Company provides water to the Deve...

Excerpt: ...erson, Deceased v. John Crane, Inc. (Circuit Court of Cook County, Illinois, Case No. 2019‐012850) (the Illinois Action). In the Illinois Action, the plaintiff alleges that the decedent, Bruce Torgerson (“Decedent”), was exposed to asbestos from the acts and omissions of various companies, including John Crane, Inc., the petitioner in the instant action (“Crane”). (Petition p. 2.) Crane contends that Decedent's exposure to asbestos and ...

Excerpt: ...nt on June 28, 2021 (TAC). In May 2022, the Court sustained Scott's demurrer, without leave to amend, as to all the causes of action in which he was named as a defendant in the TAC. Scott filed a Memorandum of Costs on June 8, 2022, in which he seeks total costs of $33,678.92. Plaintiffs move to strike or tax those costs. No opposition has been filed despite proof that the motion was served electronically on Scott's counsel. 2 The Court rules as ...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ...hysical harm; 5) elder abuse‐financial fraud; 6) conversion; 7) misappropriation of trade secrets, unjust enrichment; 8) false imprisonment; and 9) intentional infliction of emotional distress. Defendants demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ...executed a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befo...

Excerpt: ...ace at McLintock's. Plaintiff alleges Breig, who was employed by McLintock's, was one of his assailants. Plaintiff brings causes of action for 1) negligence; 2) premises liability; 3) negligent hiring; and 4) intentional tort.1 Defendant Breig moves for summary judgment on all claims against him. The Court grants Breig's request for judicial notice of the complaint and answer filed in this matter. Breig's evidentiary objections to the declaration...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...