Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...

Excerpt: ...replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its insured (i.e., C.R.) directly to Plaintiff. (Compl., Ex. A.) Plaintiff alleges that C.R. executed the Assignment prior to receiving any medical services or pr...

Excerpt: ...pril 26, 2019, Plaintiff filed proofs of substituted service of the summons and complaint, one for each Defendant, indicating the documents and a Notice of Assignment and Case Management Conference were left at “500 Linn Rd., Paso Robles, CA 93446.” The proofs of service indicate that the documents were also mailed to this address on April 15, 2019. On June 3, 2019, defaults were entered against both Defendants. Mr. Sharp alleges he travels 3...

Excerpt: ... on December 18, 2015, which sets forth causes of action against Defendants for breach of restrictive covenant and/or equitable servitude and declaratory relief.1 Plaintiffs also seek injunctive relief. The dispute concerns the construction of Defendants' home within the development known as Stoneridge II. Specifically, Plaintiffs allege the height of Defendants' home violates the Design Guidelines adopted for the development. On February 4, 2016...

Excerpt: ... by a car fire which spread to Plaintiff's property on June 27, 2017. Plaintiff also alleges damages arising from the County's subsequent code enforcement when, after the fire, Plaintiff moved to a lot which he owns in Cambria, California. On November 5, 2019, the Court sustained Cal‐Fire's demurrer without leave to amend on the ground that Plaintiff failed to comply with the Government Claims Act. Cal‐Fire mailed out a Notice of Ruling two d...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...; (3) fraudulent inducement – concealment; and (4) fraudulent inducement – intentional misrepresentation. This lawsuit arises out of Plaintiff's purchase of a new 2013 BMW X5 vehicle that was equipped with a faulty Takata airbag. Now before the Court is Defendants' motion for summary judgment or, in the alternative, summary adjudication. Legal Standard. “The purpose of a summary judgment proceeding is to permit a party to show that material...

Excerpt: ...ia, under the custody of the California Department of Corrections and Rehabilitation (the “CDCR”). Plaintiff alleges that on January 13, 2016, he was diagnosed with degenerative spondylosis by a Dr. Gallagher. (FAC, First Cause of Action, p. 1, ¶ 1.) A second doctor, Dr. Voegele, allegedly gave Plaintiff a lifting restriction of 19 pounds. (Ibid.) Plaintiff alleges that thereafter prison personnel gave him a job assignment that he was medica...

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

Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...

Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...

Excerpt: ...ts 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”). 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 “CCC”) was the only re...

Excerpt: ...Further Responses to Request for Production of Documents, Set One, against Plaintiff, and a Motion to Compel Production of Records from City of Paso Robles pursuant to Evidence Code section 1043, against the City of Paso Robles (the “City”.) The Motion to Compel Further Responses to Request for Production of Documents is no longer at issue. Plaintiff filed a notice of non‐opposition, stating that he has complied with Defendants' request to ...

Excerpt: ..., and (6) restitution. Now before the Court is Defendant's motion for discovery orders “compelling responses to form interrogatories without objection,” “deeming admitted the facts requested admitted in Defendant's requests for admissions of fact and genuineness of documents,” and “for a terminating sanction and/or financial sanctions against Plaintiff and/or Plaintiff's counsel...in an amount of $4,169.35.” Defendant filed the instan...

Excerpt: ...t to enter Heritage Ranch and injunctive relief barring Willis from further trespass. Willis' default was entered on December 3, 2019. Currently on calendar, is Plaintiff's request for a preliminary injunction. There is no proof of service showing the motion was served on Willis. However, as a party in default, he is not entitled to service of notice or other papers, except for amendments to pleadings and amended pleadings. (Code Civ. Proc., § 1...

Excerpt: ...roup, Inc. (Paramount); Natural Healing Center, LLC (NHC); DMM Capital Group, LLC (DMM Capital); Prime Capital Venture, LLC (Prime); Action Investment Group, Inc. (Action), David Separzadeh1 , and Coker Ellsworth Development, LLC (Ellsworth), and alleges causes of action for: (1) anticipatory breach of contract; (2) breach of contract (implied covenant of quiet enjoyment); (3) breach of contract (implied covenant of quiet enjoyment); (4) breach o...

Excerpt: ...ded to deposit the checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 The complaint alleges damages of $897,419.69 for checks covering a three‐year period ranging from September 2016 through June 2019. (Cmp., ¶ 13, Exs. 1‐3.) The complaint asserts two causes of action against Chase (1) violation of various Commercial Code sections and (2) money had and received. ...

Excerpt: ... Kelly and David Ammons (“Moving Parties”) requesting their personal appearance and production of documents at trial. At the time, trial was set for December 10, 2019. The trial date has since been moved and new subpoenas issued on December 12, 2019 (the “Subpoenas”). Because the issues remain the same, the parties have agreed to have this motion address the latter subpoenas. The Moving Parties are lawyers with the firm LTL Attorneys LLP ...

Excerpt: ... its answer on July 26, 2018. Oetiker moves here for leave to file an amended answer to assert two new affirmative defenses for failure to comply with the Right to Repair Act (Civil Code sections 895, et seq., 945.5) and statute of limitations (Civil Code section 941). Oetiker timely served the motion on counsel for Plaintiff but no opposition was filed. Oetiker argues that after answering Plaintiff's complaint, the parties commenced discovery. D...

Excerpt: ...e District to submit two categories of documents for the Court's in camera review: (1) e‐mails between the District's employees and (2) various miscellaneous items (collectively, the “NonProduced Documents”). Both categories had been listed on the District's privilege log, and had not yet been produced to The Tribune. The Court ultimately determined that both categories were nonresponsive to The Tribune's PRA requests, and need not be produ...

Excerpt: ...idewalk that he was walking on ended abruptly and for no apparent reason. (Ibid.) Plaintiff's complaint alleges once cause of action for premises liability. Within that cause of action, Plaintiff alleges three counts against the City and the Does: Count One‐ Negligence (Complaint, p. 4, ¶ Prem.L‐2), Count Two‐Willful Failure to Warn (Id., ¶ Prem.L‐3) and Count Three‐Dangerous Condition of Public Property (Id., ¶ Prem.L‐4.) The City...

Excerpt: ... summary judgment, or in the alternative summary adjudication. Behjati opposes the motion. As the moving party, Wells Fargo 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Wells Fargo makes its prima facie showing, then the burden shifts to Beh...

Excerpt: ...rust; 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; 2130 Morro Bay, LLC; and Belsher Law, PC. The FAC asserts causes of action for (1) breach of promissory note; (2) breach of personal guaranty; (3) fraudulent conveyance; (4) conversion; (5) declaratory relief – Las Tablas Villas; (6) violation of Corporations Code section 177404‐10 ...

Excerpt: ...wam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $3,983.86. 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 notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that the Judgment, the contra...

Excerpt: ...2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. A year and a half later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). The dispute concerns Hansen's lease of commercial restaurant spa...

Excerpt: ...Roe 1. On January 4, 2019, DC Design & Construction filed a cross‐complaint against Chronomite for apportionment of fault and indemnification. On June 26, 2019, the parties held a trial setting conference and set a trial readiness conference for November 13, 2019 and a trial date of November 18, 2019. On July 12, 2019, Chronomite filed another amendment substituting Centervest Capital, LLC (“Centervest”) and Besher Holdings, LLC (“Besher�...

Excerpt: ... Los Ranchos Del Mar (LRDM). The underlying dispute involves LRDM's and the City's efforts to annex approximately 154 acres of undeveloped real property (the Property), owned by LRDM, into the City. In 2004, the City and LRDM entered into a “Pre‐Annexation and Development Agreement No. 2004‐01” (the Development Agreement). In 2005, pursuant to the Development Agreement, the City and LRDM applied to LAFCO for annexation of the Property. Th...

Excerpt: ... Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before this Court. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitration Program, requesting a non‐ binding arbitration (the A...

Excerpt: ...Kemp (“Defendant”), California Department of Transportation dba CalTrans and the State of California, arising out of an automobile collision occurring on US Highway 101 northbound near SR‐41 in the City of Atascadero. Plaintiffs' First Amended Complaint for Damages (“FAC”) alleges one cause of action for negligence against Kemp. Defendant has now brought two motions: 1) Defendant's Motion for Protective Order/Motion to Compel Plaintiff ...

Excerpt: ...ontract” (the “Contract”), under which Plaintiff retained ownership of Winslow, as well as breeding rights until Winslow was six years old. 1 At that time, Plaintiff was to transfer full ownership to Defendant. 2 The Contract, and a subsequent March 2019 amendment, 3 set forth conditions for Winslow's care and required that Defendant return Winslow if any of the conditions could not be met. The Contract also gave Plaintiff the right to resc...

Excerpt: ...elated to planting, growing, harvesting, shipping, cooling, processing, and/or shipping fruits and/or vegetables and who worked in California between May 1, 2011 and the present (called ‘Harvesters' or the ‘Class') and who were paid by Defendant PALOMA PACKING, INC. (‘Paloma').” The seven subclasses begin the same way but after the phrase “and the present” end as follows: 1. ... and who were paid by Paloma and for whom Defendants have...

Excerpt: ... a second amended complaint (SAC) against RIG, TheClymb, and Does 1 through 15 alleging causes of action for (1) breach of contract, (2) fraudulent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiffs allege that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (SAC, ¶ 3.) Plaintiffs al...

Excerpt: ...On May 30, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). The FAC alleges fourteen causes of action against Defendants. This action arises out of Plaintiffs' employment at Sky River. The FAC alleges that Defendants discriminated against and harassed her based upon her medical condition, namely melanoma, failed to accommodate her or engage in an interactive process, and wrongfully terminated her in violation of public policy. Sm...

Excerpt: ...red by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Procedural Background Defendant submitted a Request for Judicial Notice with 25 exhibits in support of its demurrer. A demu...

Excerpt: ...ed litigation against Centex under a separate case number (16CVP‐0337). The two matters were subsequently consolidated. The homes at issue are part of the Cottages at Dove Creek and Collection at Dove Creek projects in Atascadero, California. Trial is set to begin on October 21, 2019. Centex seeks an order bifurcating the trial into two phases: (1) the construction defect claims, including all of Plaintiffs' claims and Centex's claims for indem...

Excerpt: ... are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5 (“Section 122354.5”). On April 5, 2019, Plaintiffs propounded a first set of requests for production (“RFPs”) and Special Interrogatories on the Bark Defendants. The Special Interrogatories included only one interrogatory asking the responding parties to “[i]dentify each and every officer, director, founder, employee, ...

Excerpt: ...which relates to a pet store operator's ability to sell live animals. Health and Safety Code section 122354.5 (Section 122354.5) codifies AB 485, and went into effect January 1, 2019. (4 Witkin, Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to a...

Excerpt: ... degree burns on her torso and left arm and minor burns to her hands. On January 8, 2018, Mrs. Clarke and her husband, Robert Clarke (collectively, the “Clarkes”), filed this personal injury and fraud action against Unilever, United States, Inc. (“Unilever”) and Thrifty Payless, Inc. dba Rite Aid, Inc. On April 17, 2019, Unilever propounded Requests for Admissions (“RFAs”) on Mrs. Clarke. Mrs. Clarke responded on May 22, 2019. Unileve...

Excerpt: ...y”). Cambria was Plaintiff's broker, and Koontz, also a broker, worked for Cambria. (Singh Decl., Ex. 2.)1 Plaintiff states that she was looking for a piece of large property on which she could build a home for herself and her fiancé (now husband), a separate home for her parents, and other parcels that they could subdivide and sell to finance the purchase and building costs. (Singh Decl., ¶ 9.) Plaintiff states that neither she nor her husba...

Excerpt: ... the Labor code, Fair Employment and Housing Act (“FEHA”), and Business and Professions Code. Plaintiff's SAC alleges that he worked as a security guard for Inter‐Con on properties owned and operated by defendant Cal‐Trans from approximately July 2012 through his termination on or about September 2015. (SAC, ¶ 13.) On or about November 6, 2013, Plaintiff emailed his immediate supervisor, Phillips regarding Bryan Duvall1 , who Plaintiff p...

Excerpt: ...ts sufficient to constitute a cause of action and for uncertainty. (Code Civ. Proc., §§ 430.10(e), (f).) The complaint alleges that unidentified individuals hacked the email account of Plaintiffs' real estate agent, causing Plaintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA alleges that the causes of action against it f...

Excerpt: ... injunctive relief and constructive trust (the “Complaint”). Plaintiffs' first cause of action is alleged against all Defendants; the other four causes of action do not name specific defendants, but apparently are directed against all defendants. Roberta Chavez (“Chavez”) now demurs to the Complaint pursuant to Code of Civil Procedure section 430.10(e) on the grounds that none of the causes of action in the Complaint state facts sufficien...

Excerpt: ...s was also survived by his wife, another daughter, and his step‐son. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special...

Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...

Excerpt: ...II (the “Driver”) 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, sending Plaintiff's vehicle into a roll. The SAC alleges that the Driver had been operating his vehicle, a 75,000 pound, ten‐wheel, two‐ axel, specialized truck, “erratically” from the Grand Avenue off‐ramp in San Luis Obispo to the scene of the accident near At...

Excerpt: ... compliance with all applicable state and federal requirements, and encourages administrative efficiency.” (Welf. & Inst. Code1 , § 14126.02.) In 2010, the Legislature amended the Act and enacted legislation that required Department of Health Care Services (DHCS), which administers the Medi‐Cal program, to create the Quality and Accountability Supplemental Payment (QASP) program, which provides supplemental payments to skilled nursing facili...

Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...

Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...

Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...

Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...

Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...

Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...

Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...

Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...

Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...

Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...

Excerpt: ...ed Complaint later that same day (“FAC”). Plaintiff alleges that on May 15, 2018, he obtained medical services at an urgent care facility. (FAC, ¶ 1.) Unbeknownst to Plaintiff, the facility sent various tests to Quest for diagnosis. (Ibid.) Medical diagnostics are not insured under Plaintiff's health insurance plan. (Ibid.) Plaintiff alleges that he had no contractual agreement with Quest or even knew of Quest's existence at the time he rece...

Excerpt: ...�) (collectively “Defendants”). 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. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and as...

Excerpt: ...kiff Management Corporation (collectively “Defendants”). On July 8, 2019, Defendants filed a cross‐complaint for declaratory relief and interpleader. On that same day, Plaintiffs filed an ex parte application for a TRO and to set an OSC re: preliminary injunction. Skiff and Binney were business partners in various business ventures for many years. In 2003, Skiff and Binney organized the Manse on Marsh, LP, as a California limited partnershi...

Excerpt: ...n under Business and Professions Code section 17200, et seq., and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, 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 against all Defendants. On June 28, 2018, Plaintiffs served disco...

Excerpt: ...of service on file showing the motion was served on Defendant. Provided the notice issue is resolved, the Court intends to rule as follows: As the moving party, Discover Bank 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Discover Bank makes i...

Excerpt: ...igence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant on all six causes of action. His parents, the Toms, are named on the first and sixth causes of action. The Toms demur to both of those causes of action on the grounds that they (1) fail to state facts sufficient to constitute a cause of action; and (2) are barred by the relevant statu...

Excerpt: ...; (3) intentional infliction of emotional distress; and (4) violation of constitutional rights.1 The County demurs to the entire complaint on the ground that Plaintiff failed to comply with the Government Claim Act (Gov. Code, § 900 et seq.). In addition, the County demurs to the first, second, and third causes of action on the ground it has immunity under Government Code section 850.4. 1. The Government Claim Act “In general, no suit for mone...

Excerpt: ...G”) (collectively “Defendants”). 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. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, an...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...

Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...

Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...

Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...

Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...

Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...

Excerpt: ...mmission (LAFCO) and the Special District Risk Management Authority (SDRMA2 ), and the City of Pismo Beach (the City) and Central Coast Development Company (CCDC). LAFCO contends the Indemnity Agreements required the City and CCDC to reimburse LAFCO for certain attorneys' fees it incurred. As has been extensively outlined in prior rulings, the underlying dispute involves efforts to annex certain real property into the City of Pismo Beach. CCDC, d...

Excerpt: ...orm Interrogatories, Special Interrogatories (set one), and Requests for Production of Documents (set one), on Plaintiff. Defendant granted Plaintiff three extensions to submit responses with the latest deadline falling on December 10, 2018, but no responses were served. On November 27, 2018, Plaintiff brought a Motion for Protective Order, seeking to protect him from having to respond to the discovery. The motion was heard and denied by the Cour...

Excerpt: ...rds, accounting, and dissolution and winding up of limited partnership. On October 12, 2018, Defendants filed a stipulation between the parties to stay the action pending a written agreement to arbitrate the matter, and to continue the case management conference. The order was entered the same day. On December 19, 2018, Defendants' counsel filed motions to be relieved as counsel. The motions were heard and granted on January 16, 2019. At that hea...

Excerpt: ...s the lessor, and the LP as the landlord. Plaintiff's third amended complaint (“TAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. The Court previously sustained a demurrer to the fourth cause of actio...

Excerpt: ..., John Llerenas, attended an event at the Vineyard called the Midsummer Night's Dinner. (UMF No. 10.) At the event, guests were invited to participate in the stomping of the grapes. (Hooks Depo., 127:5‐7.) Participation in the grape‐stomping activity was entirely voluntary. (UMF No. 6.) Plaintiff wanted to participate in the grape‐stomping activity for the experience, because she was curious and thought it would be fun. (UMF No. 13.) Hooks ...

Excerpt: ...lation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. The complaint alleges that FCA concealed a known defect; specifically, the vehicle's “electrical architecture and/or its central gateway module, known as the [Body Control Module],” and the �...

Excerpt: ...ial Council Coordination Proceeding No. JCCP5036 Hearing: Petition for Coordination and Motion for Stay Date: July 18, 2019 ____________ On May 21, 2018, Arturo Arguello (“Arguello”) filed a class action suit against Community Health Centers of the Central Coast, Inc. (“CHC”), alleging various Labor Code violations. The action was filed with the San Luis Obispo County Superior Court. A second amended complaint was filed in April 2019. Thi...

Excerpt: ... to Code of Civil Procedure section 512.010. Kaney filed an opposition on Sunday, July 14, 2019, directing the Court to her verified answer. (Code Civ. Proc., § 512.050 [court shall make its determination upon the basis of the pleadings and other papers in the record].) Service: Under Code of Civil Procedure section 512.030, if a defendant has not yet appeared in the action, then the application for a writ of possession must be served in the sam...

Excerpt: ...tus assumpsit; (3) account stated; (4) quantum meruit; (5) foreclosure of mechanic's lien; (6) unjust enrichment; and (7) fraud and deceit—intentional misrepresentation of fact. Defendants demur here to Plaintiff's seventh cause of action for fraud1 pursuant to Code of Civil Procedure section 430.10(e), on the grounds that Plaintiff does not allege the requisite elements of fraud with sufficient particularity, and fails to state facts sufficien...

Excerpt: ... action for (1) violation of the Fair Employment and Housing Act; (2) discrimination, retaliation, and harassment on the basis of anticipatory California Family Rights Act leave; (3) breach of express oral contract not to terminate employment without good cause; (4) breach of implied‐in‐fact contract not to terminate employment without good cause; (5) negligent hiring, supervision, and retention; (6) wrongful termination in violation of publi...

Excerpt: ...endants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to ...

Excerpt: ...f counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint are served on all Defendants. At the August 24, 2018 hearing, the Court vacated the OSC. On December 11, 2018, Plaintiff again failed to appear at a Case Management Conference and the matter was again set for an OSC re: Dismissal. Plaintiff's counsel filed another declaration that stated that the complaint was out with Federal Express fo...

Excerpt: ...as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019. The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in Califo...

Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished acc...

Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...

Excerpt: ...ims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...

Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...

Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...

Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...

Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...

Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...

Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills 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 judgment as a matter of law. (Code Civ. Pr...

Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...

Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...

Excerpt: ...ief. Plaintiff's allegations stem from Defendant's demands that Plaintiff vacate certain residential property located at 1520 Hogan Court, Nipomo, California (the Property). The Property was owned by Defendant's late father, Wayne E. Hoyt (Decedent). In her complaint, Plaintiff alleges that she was Decedent's fiancée and resided with him at the Property since February 2018. (Compl., ¶¶ 6, 8.) Plaintiff alleges that before moving in with Decede...

Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...

Excerpt: ...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 and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...

Excerpt: ... cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 The action arises from Landin's two admissions to Twin Cities, from October 1st to 7th, 2016, and October 20th to 21st, 2016. Dr. Blaney brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Blaney to summary judgment ...

Excerpt: ...ibald's vehicle collided with her bicycle, causing her injuries. Defendants demurred to the FAC on the grounds that Plaintiff has not and cannot allege that she fulfilled the mandatory filing requirements of the Government Claims Act (Gov. Code, § 900 et seq.) The Court sustained the demurrer without leave to amend. Plaintiff now moves to compel her former counsel, the Law Offices of Jonathan Kashani (“Kashani”), to turn over her entire orig...