Excerpt: ...fendants, including Respondent. On April 11, 2022, the Nevada court dismissed Respondent from the action for lack of personal jurisdiction. (Declaration of Ronald Green (Green Dec.), Ex. 1.) On November 4, 2022, Petitioner served Respondent, a California res-dent, with a deposition subpoena for personal appearance and production of documents, electronically stored information, and things in action appearing outside California. (Green Dec., Ex. 2....

Excerpt: ...and breached its warranty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Now before the Court is Plaintiff's motion to compel the deposition of Defendant's person most knowledgeable (PMK) and request for production of documents. Discussi...

Excerpt: ...r 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. Plaintiff now moves for leave to file a second amended complaint. Plaintiff's proof of service shows that she served the motion on counsel for Defendants via email on July 14, 2023. No opposition is on file. Plaintiff's points and authorities describe the amendments she proposes to make to her SAC, and she provides a declaration and a copy of the FAC....

Excerpt: ... with a related achon filed on March 13, 2023, by Defendant against Plaintiff. The actions arise out of ownership, control and management of Grossini's Autobody, lnc„ located in Grover Beach (Grossini's or the Corporation). Plaintiff now seeks a preliminary injunction restraining Defendant and her agents representatives, or persons acting in concert or participation with her, from "controlling, transferring, withdrawing, encumbering, or otherwi...

Excerpt: ... driven by McCullough. The incident occurred on February 15, 2019, on the US-IOI freeway near Price Street in Pismo Beach. Plaintiffs allege that the collision was caused by McCullough's negligent driving. Pursuant to Code of Civil Procedure section 1030, 1 McCullough and RTA (collectively Defendants) move for an order requiring Plaintiffs to file an undertaking in the amount of $37,009.00 to secure any award of costs that may be awarded against ...

Excerpt: ...urrently before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendants argue the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All document...

Excerpt: ...ntial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) A. CenCal Health's Motion to Seal Sections of Exhibit 54 CenCal Health reports that exhibit 54 contains highly confidential information relating to CenCal's provider payment methodologies...

Excerpt: ... SLO, L.P. (Garden Street),l hired Specialty Construction, Inc. (Specialty) to serve as its general contractor, and Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanic's liens. On October 4, 2019, one of the subcontractors, Sahara Constructon Co., Inc., filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross-com...

Excerpt: ...cedent was enrolled as a Medi-Cal recipient. Capitation payments are part of a "risk-sharing arrangement" between Medi-Cal and a managed care organization (MCO), under which Medi-Cal pays a monthly fixed amount for each enrolled person to cover contracted services (capitated basis), and the MCO "assumes the full risk for the cost of [those] contracted services without regard to the type, value or frequency of services provided." (Centinela Freema...

Excerpt: ...vin Newsoml ; Jay M. Coggan, individually and in his official capacity as commanding general of the California State Guard2 Peter 8. Cross, individually and in his official capacity as commander of California Military Department Youth & Community Programs Task Force; and Francisco Flores, individually and in his official capacity as commander of Grizzly Youth Academy (GYA). On October 12, 2022, this Court issued a ruling on a demurrer to the comp...

Excerpt: ...r) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition). on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs plus...

Excerpt: ... her claims. On March 1, 2023, the Court granted Plaintiff's counsel's motion to withdraw as counsel for Plaintiff. Before withdrawing, Plaintiff's counsel filed the subject motion to continue the trial date and the hearing on the State's motion for summary judgment. Defendant Adam McLaughlin does not oppose a continuance. (Declaration of Terence D. Edwards ("Edwards Decl."), 4.) State would not stipulate to continue the trial and summary judgmen...

Excerpt: ...nd negligence. Now before the Court is Replogle's motion to strike Plaintiffs' request for punitive damages. A. Background Facts Cambria is a Limited Partnership and the owner of real property located at 1509 24th Street in Oceano, California ("Cambria Property"). Rust is the owner of real property located at 1517 24th Street in Oceano, California ("Rust Pro#rty"). Willard lives in the Cambria Property as a tenant of Cambria. Replogle is the owne...

Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...

Excerpt: ... March 2019. Defendants filed an answer generally denying all allegations and asserting affrmative defenses. Plaintiff reports the matter has been resolved and seeks preliminary approval of the settlement by the Court. Specifically, Plaintiff seeks an order as follows: 1. Preliminary approval of the settlement described in the Stipulation of Settlement of Class and PAGA Action Claims and Release of Claims, attached as Exhibit 1 to the Declaration...

Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although it is not a party to t...

Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged aga-nst all Defendants. Shortly before the jury trial in t...

Excerpt: ...from Eagle. Then as Cross-complainant Eagle Energy, Inc. ("Eagle") was granted summary judgment on its breach of contract claims against Cross- Defendants WCG and Letters, the amount of damages to be awarded to Eagle was left to be tried by jury. Judgment was entered on the amounts determined after jury trial. Eagle now seeks to amend the judgment to include prejudgment interest on the ground that interest was capable of being made certain by cal...

Excerpt: ...m moves here for its attorneys' fees and costs incurred in domesticating the Judgment and in attempting to collect on the Judgment, in the amount of $1,470.36. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice ("RJN") is granted; the Court shall take judicial notce of Exhibits 1-3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that...

Excerpt: ...ondragon 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 $204,687, 13, exclusive of attorney's fees and costs. (Leggitt Decl. '192-11.) On September 22, 2022, Plaintiff filed an Application for the Right to Attach Order a...

Excerpt: ...efendant appeared for arraignment and executed a waiver of personal presence under Penal Code section 977 ("977 waiver"). 1 (Opposition, Ex. A.) Defendant did not appear thereafter, with all appearances being made by his attorney. (See Motion, Ex. B.) On February 9, 2022, at a pretrial conference, Defendant's counsel informed the court that he had lost contact with Defendant and the Court ordered the bond forfeited. A Notce of Forfeiture was file...

Excerpt: ..., before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendant argues the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All documents inclu...

Excerpt: ...Center, Galileo Surgery Center, Camarillo Ambulatory Surgery Center, Spanish Hills Surgery Center, Cypress Ave. Realty Investment Co., LLC, Central Coast Medcare, LLC, PK Surgery Investors, LLC, Healthcare Billing & Bookkeeping Services, Inc., Healthcare Billing and Management Services, Inc., Boris Pilch, M.D., Jashvant Patel, M.D., and Marc Wolfsohn, M.D. (“Defendants”) Þled a mo
Ÿon for summary judgment, which was granted in its en
Ÿrety...

Excerpt: ...ect that was not dangerous as a matter of aw. It also contends that Frucht cannot prove City had actual or constructve notice of the defect. Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) As the moving party, City has the initial burden to show the cause of action has no merit by either showing that one or more e...

Excerpt: ...s pecuniary damages pursuant to the Third Cause of Acton for Slander of Title." As such, Plaintiff is entitled to its attorney fees as damages. Defendant San Luis Obispo Guild Hall opposes the motion, arguing it is improper because Defendant has appealed the Court's ruling on Plaintiff's summary judgment moton. Defendant contends the Judgment awarded Plaintiff attorney fees "once as damages," but that Plaintiff now seeks to "double that recovery ...