Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...

Excerpt: ...ses 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.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...

Excerpt: ... manager of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “...

Excerpt: ...ger of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “got a...

Excerpt: ...inst the City of Paso Robles (the City). The petition is opposed. Petitioner alleges that Mr. McGuire first assaulted her on December 19, 2017, after the Department responded to a call from Petitioner. Petitioner alleges that Mr. McGuire and several other officers responded to Petitioner's call. (Groom Decl., ¶ 2.) Petitioner alleges that Mr. McGuire dismissed the other officers, but remained at Petitioner's home for an additional four hours. (G...

Excerpt: ...4, 2018, Plaintiffs filed a first amended petition (FAP) for writ of mandate, purporting to allege causes of action for (1) ultra vires implementation of alleged land use changes in violation of vested rights, with disparate effect on minorities and insufficient government interest; (2) use of that law to unconstitutionally seize farms of minorities and low‐ income people for unjust enrichment of rich white people; (3) violation of due process ...

Excerpt: ... the CUPA. Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (EHS), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff Bay Area/Diablo Petroleum Company dba Golden Gate Petroleum (Gol...

Excerpt: ...on 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 disc...

Excerpt: ... and is referred to as the 2019 Action. Plaintiffs in the 2018 Action are Avila Village II LLC; Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990; Once Upon a Time L.P.; Lexington Real Property Partners LLC; and Covelop Holdings LLC1 . Plaintiffs in the 2019 Action are identical, save for the addition of ABR Property, L.P. The Court refers to Plaintiffs in both Actions as the Rossi Plaintiffs. Defendant in both Actio...

Excerpt: ...n and winding up of a limited partnership. Defendants' default was entered on February 8, 2019. The Court held a prove‐up hearing on May 6, 2019,1 and entered judgment in Plaintiff's favor on May 9, 2019, in the amount of $593,080.43. Defendants now seek to stay enforcement of the judgment pursuant to Code of Civil Procedure section 918.2 Defendants seek the stay to allow time for the Court to hear post‐trial motions, including a Motion to Va...

Excerpt: ...eufeld and Michael Neufeld (collectively, “Defendants”) were named as Defendants in both complaints. Defendants clarify that the accident occurred on June 9, 2016, and that Beeson was a passenger in Haggarty's vehicle. The Court consolidated the matters on April 17, 2019. On February 1, 2019, Defendants served on Beeson (a) form interrogatories; (b) special interrogatories; (c) requests for production; and (d) a request for statement of damag...

Excerpt: ...aintiff improperly advised them to waive their homestead exemption in their bankruptcy proceeding. When Defendants did not appear at the trial readiness conference, the case was dismissed with prejudice, and judgment was entered for Plaintiff on July 5, 2016. On August 29, 2017, Plaintiff filed the instant lawsuit, asserting one cause of action for malicious prosecution. Defendants filed a special motion to strike under Code of Civil Procedure se...

Excerpt: ...the broker, Premier Lending Services dba Coldwell Banker Premier Realty (“Premier”) and Premier's agent/broker, Nick Hall (“Hall”) (collectively the “Realtors”). Plaintiff seeks damages and rescission of the transaction because it provided to be more difficult and expensive to build on the Property than he anticipated. Motion for Leave of Court to File Cross‐Complaint On March 8, 2019, Gunther requested leave of court to file a cros...

Excerpt: ...iew with the manager of Sunset's Atascadero service center, Tom Diaz, about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “g...

Excerpt: ...��). 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 California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and as part of that program PSHHC was req...

Excerpt: ...ood faith and fair dealing in written contracts; and (6) preliminary and permanent injunctions. Plaintiff's lawsuit centers around a real estate deal in San Luis Obispo. Plaintiff alleges that, on or about January 12, 2018, Atoll Holdings, Inc. formed Atoll Business Center, LLC1 , and then transferred all rights, title, and interest in real property located at 1150 Laurel Lane, San Luis Obispo (1150 Laurel), to the LLC. (Compl., ¶ 7.) 1150 Laure...

Excerpt: ...ause of action. (Code Civ. Proc., § 430.10(e).) A demurrer challenges defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “The facts alleged in the pleading are deemed to be true, however improbable they may be. [citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 Cal.App.4th 1020, 1034.) In addition, the cour...

Excerpt: ...ed a lawsuit against Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Trial is set for July 22, 2019. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or a...

Excerpt: ...rnative, summary adjudication. Neale 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.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving e...

Excerpt: ... of facts which would be highly relevant ....” (Mtn., p. 2, ll. 5‐6.) The potential litigation concerns groundwater contamination in the vicinity of the San Luis Obispo County Airport. Both of the Deponents are retired. Petitioner states it has no information that either individual is ill or planning to relocate but given the uncertainty about when litigation may begin, those possibilities are of concern. Petitioner states the Deponents were ...

Excerpt: ...on either of the Defendants. Likewise, while a summons is on file, there is no indication either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the Court. The proof of service attached to the CMC statement indicates that it was mailed to this Court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff ...

Excerpt: ...pi, California. On August 23, 2017, Plaintiff filed a lawsuit against Karim Rasheed, M.D. (“Defendant”) alleging Defendant improperly performed eye surgery on Plaintiff, namely, a pterygium excision with autograft on Plaintiff's right eye. Plaintiff now claims 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 Pri...

Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...e section 426.50. The proposed cross‐complaint alleges that the Cliffs' HVAC system failed as a result of Polar Bear's negligence. The proposed cross‐complaint would reclassify this matter as an unlimited civil action, and, in addition to naming Polar Bear as a cross‐defendant, name two additional cross‐ defendants, Johnson‐Controls, Inc. and Aqua Systems, Inc. In general, a party is required to file a cross‐complaint before or at the...

Excerpt: ...ranty of merchantability, and (6) violation of Business and Professions Code section 17200. Plaintiffs allege they purchased a Winnebago Vista (the Vehicle) manufactured and/or distributed by Defendant, and that the Vehicle contained or developed defect(s), including the recurrent and substantial leakage of flammable propane gases into the cabin. (Compl., ¶¶ 4, 6.) On August 8, 2018, Defendant served a request for production of documents, inclu...

Excerpt: ...‐certified urologist providing health care services to patients in San Luis Obispo County, including patients seen in the emergency rooms at French Hospital and Arroyo Grande Hospital. (Compl., ¶ 6.) Plaintiff alleges that Defendant is a medical group whose physicians also provide services throughout the County and at French and Arroyo Grande Hospitals. (Compl., ¶ 7.) Plaintiff alleges he was and is required to provide “on‐call urology se...

Excerpt: ...iled.2 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burden shifts to Defendant to produce admissible evidence showing the existence of a triable issue of material fact or a defense thereto. (Id. at § 437c(p)...

Excerpt: ...e of an elder (Welf. & Inst. Code, § 15610.30); and (3) conversion. (Amended Compl., ¶ 8.) This lawsuit was tried before the Court on March 26 and 27, 2019. On April 17, 2019, the Court issued a Statement of Decision. As outlined in the Statement of Decision, Plaintiff resided in Defendant's mobile home in Los Osos from March 2015 through the end of December, 2017. At the time of the lease, Plaintiff was over the age of 65, and the mobile home ...

Excerpt: ...“Restaurants”). In August 2015, Clouston, in his capacity as managing member of the LLC, executed three contracts to sell the Restaurants and requested that Chicago Title Company (“CTC”) serve as the escrow holder for the purchase. CTC opened three escrows for the sale of the Restaurants on August 6, 2015. The estimated closing date was October 5, 2015. (UMF Nos. 1‐6.) On September 15, 2015, CTC informed the parties to the escrows that ...

Excerpt: ...errogatories, Set One, Special Interrogatories, Set One (including 61 special interrogatories plus a declaration pursuant to Code of Civil Procedure section 2030.040), and Request for Production, Set One (including 29 requests for production) (collectively the “Discovery”) on Plaintiff by mail. On February 19, 2019, when no responses were received, counsel for Defendants sent a meet and confer letter to Plaintiff requesting responses without ...

Excerpt: ... to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Plaintiff alleges that it is a manu...

Excerpt: ... “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 California State Treasurer's Office through a program of the California Tax Credit Allowance Committee. As part of that program, P...

Excerpt: ...s in lieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement). Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. On May 23, 2018, before the hearing on Defendants' motion, Plaintiff filed a first amended complain...

Excerpt: ...et store3 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group4 that is in a cooperative agreement with at least one private or public shelter5 .” (Id. at subd. (a).) 1 All further statutory references are to the Health and Safety Code unless otherwise specified. 2 A “pet store operator” is “a person who owns or oper...

Excerpt: ...it alleges that Defendants made illegal and unpermitted modifications to The SLO in violation of California law, creating hazards to the student tenants. The Parties resolved the lawsuit and filed a motion for preliminary approval of class action settlement, which motion the Court granted on November 28, 2018. Now, before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of all individuals who l...

Excerpt: ...torneys, Theresa's spouse and daughter (Reba Phillips) were also present at the deposition. The deposition was suspended by agreement of the parties to allow the Court to rule on Hugh's request to limit the individuals who may be present during his deposition to himself, his attorney, Theresa, her attorney, and the deposition officer. (Code Civ. Proc., § 2025.420(b)(12).) Hugh argues that Theresa's spouse and daughter, who are not parties to the...

Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...

Excerpt: ... that they each put into the Property (for which they each sought reimbursement). The Court held a trial on the matter in January 2019. On March 29, 2019, the Court issued a written decision in which it concluded that each party owned a one‐third interest in the Property, i.e., one‐third by Bello and two‐thirds by the Scotts. In addition, the Court concluded that the monies expended by Bello at the time of purchasing the Property and for ce...

Excerpt: ...s sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Plaintiff moves to for leave to file an amended complaint. Plaintiff's Complaint is a form complaint with one cause of action for negligence, which alleges that Defendant was grossly negligent in causing her injuries. Plaintiff's proposed First Amended Complaint (“FAC”...

Excerpt: ...e dispute arises out of the City's code enforcement investigation of property on which Holliday was residing. On August 4, 2015, city officials inspected the property and placed a Stop Work Order on a fence. The following day, Holliday went to the City's Clerk Office to dispute the Stop Work Order. Holliday videotaped his meeting, but was asked to stop recording by a City employee and a law enforcement officer. Holliday alleges that those request...

Excerpt: ...nd Restrictions for her condominium development by refusing to keep her dog on a leash or supervise her dog, resulting in the harassment of residents, as well as her alleged failure to keep her dog from barking excessively. On April 27, 2018, the parties mediated this case with Scott Radovich, which resulted in a settlement agreement between Knight and the Association. (Exhibit 1). The parties signed and submitted a Stipulation and Order Confirmi...

Excerpt: ...Plaintiff now moves pursuant to Code of Civil Procedure section 708.170(a)(2) for sanctions against Defendant. Code of Civil Procedure section 708.170(a)(2) provides as follows: If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear [and] the person's failure to appear is without good cause,...

Excerpt: ...n's physical education and wrestling instructor. Plaintiff's lawsuit centers around Defendant's accusations against Plaintiff, including that Plaintiff bullied, discriminated and retaliated against, and created a hostile work environment for Defendant's son. On or about April 30, 2017, Defendant sent a letter of complaint (Complaint Letter) to the California Commission on Teacher Credentialing (the Commission) regarding Plaintiff. This lawsuit fo...

Excerpt: ...ritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) Trial is set for July 29, 2019. Now before the Court are two motions filed by the Port: (1) Motion for Judgment on the Pleadings; and (2) Motion to Bifurcate. Motion for Judgm...

Excerpt: ...aded 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”) demurs here to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan. McKiernan's demurrer was served on Plaintiff at his address of record but no opp...

Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...

Excerpt: ...although a summons is on file, there is no indication that either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the court. The proof of service attached to the CMC statement indicates that it was mailed to this court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff filed the following: ‐ “Mot...

Excerpt: ...d Press Action.”) The complaint alleges that from July through September 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. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...

Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...

Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...

Excerpt: ...ta. Now, before the Court are the following motions brought by Dr. Wogu: (1) Motion to compel responses to form interrogatories and for sanctions; and (2) Motion to compel responses to request for production of documents and for sanctions. No opposition is on file from Plaintiff. On January 28, 2019, Dr. Wogu served form interrogatories and requests for production on Plaintiff. To date, Plaintiff has not responded to either the interrogatories or...

Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...

Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...

Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...

Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...

Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to...

Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...

Excerpt: ...unty (the District), alleging rescission and breach of contract related to agreements the Westlake Parties entered into with the District for the lease of agricultural property and procurement of composting material. Westlake's first amended complaint (FAC) alleges causes of action for (1) rescission, (2) breach of contract, (3) injunctive relief, (4) fraud in the inducement, (5) specific performance of leaseback agreement and additional compensa...

Excerpt: ...n to Set Aside Dismissal. However, Plaintiff failed to file a memorandum of points and authorities at that time, and at the February 7, 2019 hearing, the Court continued the motion to March 21, 2019. Plaintiff served notice of the new hearing date to Defendant. On March 12, 2019, one week before the continued hearing, Plaintiff filed its memorandum of points and authorities. At the March 21 hearing, the motion was continued as the Court did not h...

Excerpt: ...t, while Ms. Smith alleges she only called Dignity after the accident occurred to report that she would be late for her shift. Ms. Smith stipulated to liability prior to trial. Dignity disputed liability. Trial commenced on January 7, 2019. On January 17, 2019, the jury returned a verdict, finding that Ms. Smith was not acting in the scope of her employment at the time of the accident. The jury awarded Plaintiffs $350,000 in damages, plus costs. ...

Excerpt: ...nt of that note. A. Motion to Compel Compliance with Discovery On January 8, 2019, Plaintiffs propounded form interrogatories, special interrogatories, and requests for production (“RFPs”) on Day. Responses were due on February 22, 2019, after the parties had agreed on a two‐week extension. Day provided written responses at that time but failed to verify his responses. (Code Civ. Proc., §§ 2030.250(a) [interrogatories], 2031.250(a) [RFPs]...

Excerpt: ... filed with the Court's probate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”). According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A,...

Excerpt: ...ch of the covenant of quiet enjoyment; (5) nuisance; (6) negligence; and (7) wrongful eviction. The Trust demurs to the entirety of the complaint and each cause of action on the ground that it fails to state a cause of action against the Trust. Specifically, the Trust argues that the complaint has improperly named the Trust, rather than the trustee, as a party. Plaintiffs do not dispute that they cannot sue the Trust and state they requested the ...

Excerpt: ... (“Dr. Mulder”) (collectively “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 ...

Excerpt: ...gainst Ford include breach of express warranty, breach of implied warranty, concealment, intentional misrepresentation, and negligent misrepresentation. Now before the Court is Plaintiff's motion to compel further responses to requests for production. No opposition is on file. Analysis. On November 30, 2018, Plaintiff served his first set of requests for production (RFPs). (Ex. A.) On January 7, 2019, Ford served unverified responses to Plaintiff...

Excerpt: ... follows: In this event, [each party] shall choose a competent and impartial appraiser .... The appraisers will separately state the actual cash value, the replacement cost, and the amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. ... (Petition, Attach. 4(b).)1 A dispute arose between the parties regarding the cost of repairs caused by flood damage...

Excerpt: ...nd motion to strike the complaint, 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 ...

Excerpt: ...endant”) and Compass Holding, Inc., alleging elder abuse and wrongful death. Now, before the Court are five discovery motions and a motion for summary adjudication, all filed by Plaintiffs. Motions to Compel Further Responses to Special Interrogatories, Form Interrogatories and Requests for Admission Plaintiff served Request for Admissions, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, on Defendant on October 24,...

Excerpt: ...ber 10, 2018, alleging (1) fraudulent concealment; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) professional negligence; (6) negligent misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair dealing; and (9) specific performance. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles, on Kleck Road. On June 23,...

Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...

Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...

Excerpt: .... Plaintiff, an attorney, formerly represented 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 the Honorable Linda Hurst. 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 Arbitra...

Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...

Excerpt: ... 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 (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...

Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...

Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...

Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...

Excerpt: ...and counseling in connection with his drug addiction. On the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. This occurred at the Starr Defendants' office located at 1320 Van Beurden Drive, Suite 103, in Los Osos (the Subject Property). (Undisputed Material Fact [UMF] 2.) The Starr Defendants then encouraged Alexander to stay at the Subject Property and...

Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...

Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...

Excerpt: ...ent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Pl...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims 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 (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...

Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...

Excerpt: ...cted that a warrant be issued for Ms. Bagley's arrest. On May 1, 2018, notice of the forfeiture was sent to ABC's agent and its surety, Lexington National Insurance Company (Lexington). This notice informed ABC's agent and Lexington that the forfeiture would become absolute on November 2, 2018, following the 180‐day statutory timeframe outlined in Penal Code section 1305. On December 10, 2018, after the 180‐day period ran, this Court entered ...

Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...

Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or additional wages in lieu thereof; (5) Failure to i...

Excerpt: ...ff subsequently passed away on November 25, 2018. Under Code of Civil Procedure section 377.21, “[a] pending action or proceeding does not abate by the death of a party if the cause of action survives.” The parties have not addressed whether the causes of action alleged in the complaint survive Plaintiff's death. If so, then either the decedent's successor in interest or the personal representative may seek (via motion) to be substituted in f...

Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...

Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...

Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...

Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello 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. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...

Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...

Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...