Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...

Excerpt: ...f 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). The La...

Excerpt: ...fliction of emotional distress. The dispute arises from Markson's conduct as counsel for defendant in Arthur Mogilefsky v. Panda Express (20LC‐0018), which was filed in this Court on January 6, 2020 (the “Underlying Action”). The FAC alleges that Markson represented Panda Express; and Plaintiff states that Lickerman was in‐house counsel for Panda Express (Opp., p. 2, ll. 27‐28) working with and supervising Markson (FAC, ¶ 12). Accordin...

Excerpt: ...erating the Business, the revenue generated did not compare to the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc., SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch and Karen Hosch. The first five causes of action are alleged against all defendants, and the sixth cause of action for rescission is alleg...

Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...

Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...

Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...

Excerpt: ...nty YMCA as defendants. PCC now moves for summary judgment, or in the alternative, summary adjudication, pursuant to Code of Civil Procedure section 437c. PCC moves on the grounds that Plaintiff has failed to present any competent evidence creating a triable issue of material fact that Plaintiff's claims against PCC have any merit. Plaintiff's action arises out of a February 11, 2017, fall by Plaintiff when she attempted to walk up fixed bleacher...

Excerpt: ...issued for Roche's arrest. The initial forfeiture period gave the bail agent 185 days from the date of forfeiture to locate and return Roche to custody. (Penal Code, § 1305) ABC contends it was close to apprehending Roche as the deadline approached, and thus, on December 16, 2019, requested an additional 180 days to apprehend Roche. (Pen. Code, § 1305.4) The County of San Luis Obispo (the “County”) opposed the extension request and the matt...

Excerpt: ...ement Conference and the matter was set for an OSC re: Dismissal. Plaintiff responded to the OSC by submitting a declaration from counsel setting forth challenges experienced due to the death of counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint were served on all Defendants. At the August 24, 2018 hearing, the Court discharged the OSC. On December 11, 2018, Plaintiff again failed to appea...

Excerpt: ...MC. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fall. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. GMC now moves pursuant to Code of Civil Procedure sections 428.10, 428.30 and 428.50, for an order granting leave to file a Cross‐Complaint for equitable indemnity and declaratory relief against Eric Ford Shepherd (“Dr. Shepherd”) and Roe...

Excerpt: ...) against Defendants on May 29, 2020. The FAC alleges eleven causes of action: (1) breach of contract; (2) false promise; (3) conversion; (4) quantum meruit; (5) quantum valebant; (6) civil conspiracy; (7) unfair competition law; (8) emotional distress; (9) declaratory and injunctive relief; (10) shareholder inspection; and (11) constructive trust. Defendants now jointly and severally demur to each cause of action in the FAC on the grounds that (...

Excerpt: ... the complaint was subject to demurrer, and on March 16, 2020, Defendants' counsel sent meet and confer correspondence to Plaintiff's counsel, setting forth their grounds for demurrer. (Diamond Decl., ¶ 2; Exh. 1.) Plaintiff's counsel responded that he would be open to amending the complaint and Defendants received several extensions to file a responsive pleading pending filing of the amendment. (Diamond Decl., ¶ 2.) Plaintiffs failed to file a...

Excerpt: ...th the following facts: Roger G. Tefft, M.D. and Olivia L. Tefft created the Trust on April 23, 2012, and served as the initial trustees. On that same day, Dr. Tefft executed a pour‐over will providing that upon his death all of his property was to be distributed to the Trust. On September 8, 2017, Dr. and Mrs. Tefft resigned as trustees. Carsel then accepted the position as successor trustee. Dr. Tefft died on September 9, 2017, and Carsel has...

Excerpt: ...residence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet...

Excerpt: ...ff's lawsuit centers around his July 8, 2017 stay at the Courtyard Marriott Hotel in San Luis Obispo (the Hotel), during which stay Plaintiff alleges he sustained bedbug bites. Plaintiff alleges he has suffered personal injury and monetary damages. Now before the Court is Marriott's demurrer to, and motion to strike, the complaint. Demurrer Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues...

Excerpt: ...y 2020. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Service Award, and Attorneys' Fees and Costs. No opposition has been filed. The settlement provides for a gross settlement amount of $300,000. After deducting administration costs of $12,455, Plaintiff's $5,000 service award, attorneys' fees and costs of $125,000 to class counsel, and a $7,500 payment to the Labor & Workforce Development...

Excerpt: ...r the work. On September 19, 2018, Defendants filed a Cross‐Complaint against Plaintiff, Charessa Tatum and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On March 26, 2020, Brown propounded a Request for Production of Documents, Set 3 (“RFP 3”) (Nos. 32‐47), on Plai...

Excerpt: ...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. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plain...

Excerpt: ... and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell used her property in such a way that untreated sewage from an unpermitted septic tank has flowed from the Powell Property to Plaintiff's Property. Plaintiff also alleged that...

Excerpt: ...her share of the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain th...

Excerpt: ...pany of Los Angeles, LLC and EAN Holdings, LLC (collectively “Defendants”) now move for an order compelling Plaintiff to provide further responses to Defendant's Form Interrogatories, Set One, Nos. 2.3, 4.1, 4.2, 17.1 (the “Interrogatories”) and Defendants' Requests for Admissions, Set Two, Nos. 1‐4 (the “RFAs”). Defendants further move for imposition of monetary sanctions against Plaintiff in the amount of $22,220. (Dorenbaum Decl....

Excerpt: ...of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐complaint (FACC) alleges causes of action for (1) breach of wr...

Excerpt: ...e, fell due to the debris strewn about from the collision. Plaintiff suffered unspecified injuries that required hospitalization and surgery. The complaint sets forth causes of action for (1) motor vehicle negligence; (2) general negligence; and (3) intentional tort. Plaintiff also seeks punitive damages based on the fact that Defendant “voluntarily consumed alcoholic beverages to the point of intoxication, knowing from the outset that he would...

Excerpt: ... 2019, Hobe and the Estate of Jaqueline Audrey Hobe (collectively “Plaintiffs”) filed a civil action (19CV‐0668) for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach of contract and declaratory relief against Nielsen (the “Civil Action”). Hobe now moves for her expenses in serving Nielsen in the Civil Action. Plaintiffs also both move to consolidate th...

Excerpt: ...uary 14, 2019. Defendant now moves pursuant to Code of Civil Procedure section 426.50 and 428.50 for an order granting leave to file a cross‐ complaint, a copy of which is attached to the motion as Exhibit A. Defendant moves on the grounds that the causes of action asserted in the proposed cross‐ complaint arise out of the same transaction, occurrence, or series of transactions or occurrence as the causes of action brought against Defendant; ...

Excerpt: ...aintiffs' second amended complaint (SAC) include San Luis Obispo Defenders, APLC; Patricia Ashbaugh; and Ronald Crawford (collectively referred to as the Attorney Defendants). Plaintiffs plead one cause of action for legal malpractice against the Attorney Defendants. In the SAC, Plaintiffs allege that San Luis Obispo Defenders, APLC was appointed to represent Russell in a felony case entitled People of the State of California v. Russell Hammer (1...

Excerpt: ...iffs”)1 filed this action against Alex Geiger (the dogs' owner; “Geiger”), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments.2 On February 28, 2018, Plaintiffs filed a second amended complaint (“SAC”), which names Sergeant Brett Inglehart (“Inglehart”) of the Exeter Police Department as an addition...

Excerpt: ...tomobile accident allegedly caused by Mark Tenhet, II on April 11, 2017, on the U.S. 101 highway northbound, near Del Rio Road in San Luis Obispo County. The SAC seeks punitive damages against Defendant only. According to the SAC, Defendant made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate which, in turn, sent Plaintiff's vehicle into a roll. ...

Excerpt: ...n Luis Obispo (“the City”), on March 24, 2020. The parties have filed multiple stipulations and orders extending the time for the City to respond. Andrews now moves for preference pursuant to Code of Civil Procedure section 36(a) on the grounds that Andrews is 79 years of age, has a substantial interest in the action and her health is such that a preference is necessary to prevent prejudicing her interest in the litigation. Code of Civil Proc...

Excerpt: ...dispute arises from a 2015 Memorandum of Agreement (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.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned b...

Excerpt: ... latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Keystone's demurrer to the first cause of action for professional negligence, second cause of action ‐ count one (strict liability), and second cause of action ‐ count three (breach of warranty). K...

Excerpt: ...ring on the permanent injunction on August 10, 2017, and both the County and Defendant appeared. Defendant was sworn in and testified at the hearing. Thereafter on August 31, 2017, this Court entered a Final Judgment and Permanent Injunction against Defendant (the “Order”). The Court retained jurisdiction to enforce the injunction. Currently before the Court are an Order to Show Cause (“OSC”) re: Contempt, which was set upon the ex parte ...

Excerpt: ...urance agreement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery,...

Excerpt: ...Obispo County YMCA as defendants. First Assembly of God of Arroyo Grande (“Defendant”) now moves to compel Plaintiff to submit to a neuropsychological examination. The parties have extensively met and conferred, Plaintiff agrees to submit to an examination, and the parties generally agree on the terms of the examination. The examination is to be conducted by George K. Henry, Ph.D. (“Dr. Henry”), in order to ascertain the nature and extent...

Excerpt: ...ively, “Respondents”). Since that time, the matter has been continued by stipulation of the parties as they engaged in settlement discussions. On April 20, 2020, Petitioner 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 t...

Excerpt: ... September 13, 2019, Plaintiff names 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 Lopez; Santa Barbara County Counsel Maria Novatt; Judge Jean Dandona; Public Defender Daniel Murphy; Loss and Prevention for the County of Santa Barbara Samantha Francis; Foster Agency Blanca Diaz; and Santa Barbara Coun...

Excerpt: ...me causes of action. The FAC alleges that in 2011, Caltrans realigned and expanded existing Highway 46 causing the Wicks' home to vibrate, thereby interfering with their use and enjoyment of the property and causing physical damage to the structure of their home (e.g., cracks in the walls and ceiling). Currently before the Court is Caltrans' demurrer to the second and third causes of action. For the reasons set forth below, the Court overrules th...

Excerpt: ...: You acknowledge that I have advised you that I desire to arbitrate any and all disputes arising out of any provisions of services that I provide you. This includes any legal malpractice which you may hereafter claim regarding the matter for which you are hiring me. It also includes any claim for any intentional tort, fraud, claimed statutory violations or any other legal theory or claim which is ancillary to the underlying legal malpractice cla...

Excerpt: ...re due on March 25, 2020. The first set of RFAs included 77 requests: 47 of which inquired into the truth of certain factual matters and 30 of which sought admissions regarding the genuineness of certain documents. On March 18, 2020, Hazeltine served by mail a second set for RFAs on Petitioner. Petitioner's responses were due on April 22, 2020. The second set of RFAs contained a single request seeking admission of the genuineness of a document th...

Excerpt: ...(FEHA); (3) wrongful termination in violation of public policy; and (4) promissory estoppel. Plaintiff's complaint alleges that in 2017, Plaintiff learned that her daughter was pregnant and expected to give birth in February 2018. (Compl., ¶ 9.) Plaintiff alleges that she requested time off to care for her daughter, which time off request was initially approved by Mark Schieber, her boyfriend and supervisor. (Id. at ¶¶ 7, 9.) Mr. Schieber alle...

Excerpt: ...Cities performed by Dr. Chalekson, which included implanting a mesh to prevent hernias. (FAC, ¶ 14.) The FAC alleges that the mesh used (i.e., Ventralight) by Dr. Chalekson during her procedure has been shown to be unreliable and the subject of numerous recalls. (FAC, ¶¶ 19‐20.) The FAC further alleges that after becoming very sick, Plaintiff went to the emergency room in April 2016, where a CT scan was performed showing she had a hernia and...

Excerpt: ... his First Amended Petition for Writ of Mandate and complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by t...

Excerpt: ...n of Settlement (the Settlement). Arguello brings this unopposed motion for preliminary approval of class action settlement, moving the Court for an order: (1) granting class certification of the Class solely for settlement purposes, pursuant to Code of Civil Procedure section 382; (2) preliminarily approving the Settlement; (3) appointing David Spivak of The Spivak Law Firm and Walter Haines of the United Employees Law Group as Class Counsel; (4...

Excerpt: ...ings pursuant to Code of Civil Procedure section 438, on the ground that the complaint does not contain facts stating a cause of action against U.S. Bank. U.S. Bank argues that the complaint does not state facts sufficient to allege the elements of conversion and lacks sufficient facts to establish that Plaintiff has standing to assert claims on behalf of the Estate of Victor Raigoza. The complaint alleges one cause of action against U.S. Bank fo...

Excerpt: ... complaint pursuant to Code of Civil Procedure section 430.10(e), on the ground that the pleading does not state facts sufficient to constitute a cause of action. Defendants demur to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against state employees, and that Plaintiff lacks standing to challenge the disposition of a check made out to the Estate of Victor Raigoza, as he...

Excerpt: ...ainst both Defendants); (5) quiet title to deeded easement (against Norgrove); (6) declaratory relief (against both Defendants); and (7) injunctive relief (against both Defendants). Plaintiff alleges it owns agricultural property located at 111 East El Campo Road in Arroyo Grande (the El Campo Property). Norgrove owns the adjacent property located at 2445 and 2449 Brady Lane (the Brady Lane Property). Plaintiff alleges it owns a water well (the W...

Excerpt: ...auses 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”). The FAC arises out of an agreement that Kurkeyerian, SCI, and the Benham Defendants entered into on July 10, 2016. Plaintiffs allege, am...

Excerpt: ...three parcels of real property that were distributed to Timothy Franklin and Kenneth Franklin from their parents' trust following the death of their mother and a contract agreeing to perform a lot line adjustment and create an access road easement to the parcels. Plaintiffs now move this Court for an order quashing four third‐party Deposition Subpoenas for Production of Business Records (“Subpoena” or collectively, the “Subpoenas”) serv...

Excerpt: ...s for an award of post‐judgment attorneys' fees and costs in the amount of $6,240.50 incurred in enforcement of the judgment pursuant to Code of Civil Procedure section 685.040. Code of Civil Procedure section 685.040 provides that: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwi...

Excerpt: ...causes of action for (1) declaratory 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 (Di...

Excerpt: ...int centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions. Plaintiff alleges she presented the Vehicle to Defendant's repair personnel on several occasions, and on each occasion, those representatives confirmed the defects/malfunctions would be remedied. Plaintiff alleges that those representations were false and that the Vehicle's defects/malfunctions still...

Excerpt: ... Defendant formally dissolved as a corporate entity and was thereafter defended and indemnified in this action by Surry Six Holdings, LLC (hereinafter, “SSH”). SSH was added as a Doe defendant in this action on June 17, 2020. The parties settled the action. Currently before the Court is Plaintiff's motion for an order to enforce the settlement agreement and extend the dismissal date and for attorney's fees and costs. The Settlement Agreement ...

Excerpt: ...reement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery, and any ...

Excerpt: ...nferred further but were unable to come to a resolution. The County now demurs to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. Plaintiff opposes the demurrer. Plaintiffs' action arises out of a dispute she had, and is having, with her neighbors. Plaintiff sets forth extensive facts concerning this dispute. At the heart of he...

Excerpt: ...oyo Grande owned by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages and general damages. Plaintiff contends that he was injured on property located in Arroyo Grande owned and operated by the defendants, and suffered serious injury to his ankle when he fell into a hole. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fal...

Excerpt: ... (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary constru...

Excerpt: ...Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a ...

Excerpt: ...ment or, in the alternative, summary adjudication of the second cause of action for breach of promissory note1 . No opposition is on file. Plaintiffs' proof of service evidences that Defendant was timely served with this motion. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Ca...

Excerpt: ...ffs' first cause of action for inverse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint did not state facts sufficient to state a cause of action for inver...

Excerpt: ...a demurrer to the complaint filed by Raymond Cuellar, Adrian Cuellar, and Ruben Cuellar, collectively the Cuellar Defendants. Legal Authority. 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., §§ 422.10, 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A de...

Excerpt: ...��) to Plaintiff's known vendors, and then proceeded to deposit these checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 Plaintiff seeks damages covering a three‐year period from September 2016 through June 2019. In response to the Court's ruling on a prior demurrer, Plaintiff filed a first amended complaint (“FAC”) on February 18, 2020. The FAC sets forth the f...

Excerpt: ...y and post‐operative care, Defendants lacked reasonable skill and care, causing unintended injury to Plaintiff. Plaintiff alleges he was left with temporary blindness, and underwent additional corrective medical procedures due to the complications caused by the injury to his eye. Now before the Court is Defendants' motion for summary judgment. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that mat...

Excerpt: ...d a limited liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 own a 50% membership interest in the LLC, which was managed by a board of managers comprised of tw...

Excerpt: ...dence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet wou...

Excerpt: ...ust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set aside the entry of defau...

Excerpt: ... action for (1) breach of fiduciary duty, (2) negligence, (3) intentional misrepresentation, (4) concealment, and (5) negligent misrepresentation. After this Court's ruling on Defendants' motion for summary judgment/adjudication, Plaintiff's causes of action for breach of fiduciary duty and negligence remain pending. Plaintiff's lawsuit stems from her purchase of real property in Los Osos. Cambria was Plaintiff's broker and Mr. Koontz (also a bro...

Excerpt: ...st 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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or the “Commission”) was the on...

Excerpt: ...er the Song‐Beverly Act (the Act). After this Court denied Plaintiffs' motion for summary adjudication, the parties settled. Plaintiffs now move for their attorneys' fees and costs. Plaintiffs request a total award of $179,955.25, consisting of $137,823.50 in fees; $14,958.22 in costs and expenses; a lodestar multiplier enhancement in the amount of .15, or $20,673.53 ($137,823.50 x .15); and $3,500 in anticipated costs for drafting a reply brie...

Excerpt: ...t of Barton County, Kansas, Case No. 2015‐CV‐000055. The original Kansas judgment was entered against Schaefers, Valentin Alexandrov (“Val”)1 and Jacob Gitman. 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 denied the p...

Excerpt: ...ort which was created during an investigation into his allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. Defendants responded by filing the demurrer and motion to strike currently on calendar. The demurrer argues that Claim I a...

Excerpt: ...nlawfully sexually harassed, battered, and assaulted several female students. The first lawsuit was filed on August 16, 2018 by Jane S.G. Doe, and names as Defendants Lucia Mar Unified School District (Lucia Mar), the High School, and Mr. Magdaleno (referred to as the 2018 Action, San Luis Obispo Superior Court Case No. 18CV‐0503). The 2018 Action alleges causes of action for (1) negligent supervision (against Lucia Mar and the High School), (2...

Excerpt: ...1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants PSHHC and TDG. Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. Plaintiff alleges that on May 16, 2017, Wi‐Fi internet service with ten routers was installed in the Apartments. Plaintiff contends t...

Excerpt: ...by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. Motion for Summary Judgment GMC moves for summary judgment against Plaintiff and Intervenor Alaska National Insurance Company2 . pursuant to Code of Civil Procedure section 437c, on the ground that no triable issue of material fact exists, and that GMC is entitled to summary judgment as a matter of ...

Excerpt: ...e theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Goldberg and Coastal Oral's demurrer to the second cause of action for products liability. Specifically, they argue the complaint (1) fails to include facts sufficient to state a cause of action for products liability; and (2) the second...

Excerpt: .... Plaintiff alleges that in November 2015, he was involved in a motor vehicle collision where he sustained injuries to his left shoulder area, and for which he subsequently filed a lawsuit. (Complaint, ¶ 9.) Plaintiff alleges that Defendant was retained by the defendants in that action to conduct an independent medical examination (“IME”) on Plaintiff. (Id., ¶ 10.) Plaintiff alleges that Defendant “poked and prodded Plaintiff's non‐coll...

Excerpt: ...�Cal‐West”) (collectively “Defendants”). Plaintiffs allege six causes of action, for (1) breach of contract; (2) breach of implied warranty of habitability/tenantability (Civ. Code, § 1941, Health & Saf. Code, § 17920.3, et seq.); (3) breach of implied warranty of quiet enjoyment (Civ. Code, § 1927); (4) negligence; (5) retaliatory acts (Civ. Code, §§ 1940.2, 1942.5); (6) violation of Rosenthal Fair Debt Collection Practices Act (the...

Excerpt: ...nta Rosa and Monterey. Now before the Court are two motions: (1) Plaintiff's motion to quash deposition subpoena; and (2) Defendant's motion to permit a second independent medical examination (IME) of Plaintiff. Motion to quash. Defendant served two deposition subpoenas and notices to consumer requesting Plaintiff's pharmacy records from the pharmacies identified in Plaintiff's medical records that have already been produced. Plaintiff objected t...

Excerpt: ...ut performance was to occur both in Paso Robles and Shelby, Michigan. Paragraph 11(B) of both contracts provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agreement shall be governed by and construed and interpreted in accordance with the laws of California. The arbitration shall be held in Cal...

Excerpt: ...fendants' motion for summary judgment. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Cal.App.3d 600, 604‐605.) The moving party has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to a judgment as a m...

Excerpt: ...nation in violation of public policy; (5) retaliation in violation of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. Plaintiffs' complaint alleges that, in 2007, they purchased Lindamar Industries, Inc., a company in the business of manufacturing custom plastic bags. (Compl., ¶ 7.) Plaintiffs allege that in 2016, Premier Packaging Group acquired Lindamar, and continued to...

Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, inc...

Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...

Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...

Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...

Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...

Excerpt: ...om Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked i...

Excerpt: ... request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt. On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. P...

Excerpt: ...l circumstances' exception at issue here. That exception provides that a categorical exemption may not be used ‘where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.' (Guidelines, § 15300.2, subd. (c).) (World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, 491 [internal citations omitted].) Two alternative analyses apply when determining ...

Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...

Excerpt: ...insured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served via su...

Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...

Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims 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), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...

Excerpt: ...“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. 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 pe...

Excerpt: ... controlled by 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 injuri...

Excerpt: ... amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust d...

Excerpt: ...ontract (CC&Rs) (against Orradre), (3) professional negligence (against Martin), and (4) breach of written contract (management agreement) (against Martin). Plaintiffs allege they own commercial real property at 1550‐1566 West Branch Street in Arroyo Grande (Parcel B), and that Orradre Ranch (Orradre) owns commercial real property at 1570 West Branch Street in Arroyo Grande (Parcel A). (Compl., ¶¶ 1, 2.) Plaintiffs allege that Mr. Martin is a...

Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...

Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...

Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...