Excerpt: ...ugust 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal (the Mohon to Vacate), which was opposed by Petitoner. The Court denied the motion to vacate the dismissal. Petitioner now moves for sanctons against Respondent under Code of Civil Procedure section 128.7, subdivisions (b) (1-3).1 Code of Civil Procedure section 128.7, subdivisions (b) provides that: (b) By presenting to the court...

Excerpt: ...ion, breach of fiduciary duty, and elder abuse. 80th defendants reside in San Diego County. The complaint alleges that venue is proper in this County because a substantial portion of the acts and omissions complained about occurred in this County. (Cmp., 7, 8.) Ditty seeks to transfer venue to San Diego County Superior Court (North County Division) pursuant to Code of Civil Procedure sections 395(a) and 396(a). 1 Picozzi has filed a joinder to th...

Excerpt: ...g as an agent for Defendants [Gordon] and [Orchardl and was working and driving in the Trinity County area" when the accident occurred. (FAC, 4.) Jut-ila alleges she was delivering vehicles and equipment to the California Department of Forestry and Fire Protection ("Cal Fire") for Defendants and their benefit, pursuant to a contract between Orchard and the USCA Forest Service. (FAC, 3,14, 15.) Jutla alleges that at the time of the accident she "h...

Excerpt: ...alleges that defects and nonconformities appeared within the applicable express warranty period, including the engine. (ld., '1 16.) Plaintiff brought the Vehicle into an authorized Ford repair facility but after numerous attempts, the repairs were not able to be made to the applicable express warranty. (ld., 19.) Plaintiff alleges that under the Song-Beverly Act, Ford had an affirmative duty to promptly offer to repurchase or replace the Vehicle...

Excerpt: ...ll, 2021, and that the prior owners of the Property ("the Durands") entered into three separate agreements with Defendant as follows: A Grant of Easement recorded August 9, 2000, which states that Defendant is granted "those appurtenant non-exclusive easements ("the easement area") located in Tract 1599, ." for the purposes of water well sites, including ingress and egress to install and maintain wells and their accompanying equipment ("2000 Ease...

Excerpt: ...nder), John Robinson (Robinson), and Joseph Seither (Seither).l The individual defendants are members of the EHHOA board, and are named as defendants in the complaint's first and fifth causes of action (breach of fiduciary duty and gross negligence, respectively). Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo, California. The parties' dispute concerns Pla...

Excerpt: ...horses, other farm animals and farming operations on Petitioner's Property. On November 14, 2022, Petitioner filed an application with the Department of Fish Wildlife for an emergency permit allowing her to install a temporary, prefabricated bridge across the Creek in an area outside the Access Road. The Department of Fish Wildlife allows for work to be conducted on an emergency basis with the determination of whether an emergency exists being ma...

Excerpt: ... Lab. Code, S 2698, et seq.). Plaintiff reports the matter has settled and moves for preliminary approval of the Stipulation of Settlement (the Agreement). (Code Civ. Proc„ S 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel as class coun...

Excerpt: ...aiding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Th...

Excerpt: ...motion. (Declaration of Peter Pritchard, '13.) l. Legal Standard California law favors arbitration. (OTO, LLC. v. Kho (2019) 8 Cal.5th 111, 125.) Under California law, "[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract." (Code Civ. Proc„ S 1281.) The right to arbitration depends on the exist...

Excerpt: ...ave to amend. Plaintiff's second amended complaint (SAC) alleges the same causes of action as the FAC, namely (1) breach of partnership/joint venture agreement; (2) declaratory relief; (3) equitable contribution; and (4) promissory estoppel. Now before the Court is Defendant's demurrer to the SAC. 1 l. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complain...

Excerpt: ...("Equipment"). Defendant promised to pay to Plaintiff the financed amount of $36,579.49. A true and correct of the Retail Installment Contract and Security Agreement ("Contract") is attached hereto as Exhibit "A" and incorporated herein by this reference. (Cmp., 6.) Defendant was personally served with the summons and complaint on August 19, 2022. Defendant failed to file a responsive pleading, and his default was entered on September 23, 2022. P...

Excerpt: ... real property adjacent to real property owned by the defendant Wykoff-Newberg Corporation and leased by Defendants. Defendants grow awycado trees for commercial on the leased property. Defendants installed three wind machines on their leased property to protect their avocado trees from frost. Plaintiffs allege that they are disturbed by the extreme noise the wind machines generate which has interfered with their ability to sleep or watch televis...

Excerpt: ...et (the "Lease") for space in the Brickyard property ("the Premises"). (Segal Decl. 5.) The Lease term is for two (2) years and five (5) months commencing on November 1, 2020, and expiring on March 31, 2023. (Segal Decl. Ex. A.) Defendant Alexander Nikolas Gierczyk ("Gierczyk") guaranteed Defendant Life-FX'S performance of the Lease, including its timely payment of all amounts owed under the Lease, pursuant to a Guaranty of Lease ("Guaranty"). (S...

Excerpt: ...dgment was entered on February 8, 2023, and notice of entry of judgment was filed and served on February 21, 2023. Hugh now timely moves the Court to vacate and set aside the decision of the Court. Theresa opposes the motion. Per his notice of motion, Hugh seeks a new trial on the following issues: 1. The Court had no authority to nullify the provisions of the trust amendment made in 2006 and find that the original trust provisions made in 2005 s...

Excerpt: ...ive trust; (4) unjust enrichment; (5) civil damages under Penal Code secton 496(c); and (6) accounting. On August 3, 2022, the Court sustained Defendants' demurrer to the SAC with leave to amend. A Third Amended Complaint (TAC) was filed on August 15, 2022. Now before the Court is Defendants' demurrer to the Third Amended Complaint. l. Background The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as rema...

Excerpt: ..., subdivision (b), setting aside this Court's August 25, 2022, order denying Plaintiff a protective order and awarding sanctions (the Order). Plaintiff further requests an order setting a hearing date regarding Plaintiff's motion for a protective order. The Guimaraes Defendants oppose the motion. Pursuant to Code of Civil Procedure section 473, subdivision (b): The court may, upon any terms as may be just, relieve a party or his or her legal repr...

Excerpt: ...pute concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) Palomar moves for summary judgment, or in the alternative summary adjudication on the ground Plaintiffs' claims are barred by the applicable statutes of repose. (Code Civ. Proc„ SS 337.1, 337.15.)1 For the reasons set forth below...

Excerpt: ...ground The lawsuit arises out of five loans made to Plaintiff, which is a developer of a residential housing project ("Project") in Lompoc, California. The loans were brokered by MCC. Crooks is the President of MCC. All loans were secured by deeds of trust on lots of land within the Project. Each loan had an interest rate of 11% which would increase to 15% in the event of default. At some point, Plaintiff decided to pursue a construction loan wit...

Excerpt: ...3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11-12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the property placed into escrow, but that Plaintiff first neede...

Excerpt: ... $80,000. (ld. p. 3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Martinez's lawfirm of Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11- 12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the Property placed in...

Excerpt: ...Harms, representative of the estate of David Harms and Jolene Harms (Harms) filed a creditor's claim in the total amount of $300,000. On September 21, 2022, the Public Administrator filed and served a rejection of that claim. Additionally, on August 24, 2022, and September 7, 2022, the Public Administrator filed notices of proposed action proposing to sell Decedent's real property. On December 21, 2022, Harms filed a petition for declaratory reli...

Excerpt: ...ed with the Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018 (the Amended Petition). 1 on September 9, 2019, Plaintiff filed a separate Petition for Instructons re Corrections, which he amended on August 24, 2020 (the 2020 Petition). In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harr...

Excerpt: ...15.98, plus interest, costs and fees. San Luis Obispo County Local Rule 25.02, provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 prov-des as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and ...

Excerpt: ...ey Harold Messick. Now before the Court is the demurrer filed by the Municipal Defendants. Plaintiff brings multiple causes of action which are premised on alleged mishandling of inspections or applications by the Municipal Defendants. Plaintiff opposes the demurrer.l Defendants have also filed a separate Motion to Strike portions of the FAC which is addressed herein. l. Background Plaintiff's FAC contains many causes of action and facts but enco...