Excerpt: ...endant has generally denied all allegations against it, including that it negligently started the fire. On July 7, 2022, Plaintiff served Defendant with Special Interrogatories, Set One, consisting of five interrogatories ("Interrogatories") and Requests for Admissions, Set One, consisting of six requests ("Requests"). Defendant's responses were due on August 8, 2022. Defendant did not request an extension of time to serve responses. Defendant se...

Excerpt: ...On May 31, 2022, Defendant served timely objection-only responses to the Interrogatories and Document Request. On September 26, 2022, Plaintiff filed the subject Motion to Compel Verified Responses to Plaintiff's Form Interrogatories — Employment Law (Set One) ("Interrogatory Motion") and Motion to Compel Verified Responses to Plaintiff's Request for Production of Documents (Set One) ("Document Motion"). The Interrogatory Motion and Document Mo...

Excerpt: ...er 2, 2021, and Plaintiffs have been unrepresented since that date. The Court has held multiple case management conferences at which Plaintiffs represented they were seeking to obtain counsel, but no counsel has appeared. Plaintiff Candace Dowden informed the Court at an August 15, 2022, case management conference that defendant William Dowden was deceased. On November 4, 2022, Defendants filed a motion to compel the remaining plaintffs to join a...

Excerpt: ...c property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, 3, 4.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleg...

Excerpt: ...equitable easement, (5) quiet title to easement by necessity, (6) declaratory relief, and (7) preliminary and permanent injunction. The Verified Complaint Plaintiff's verified complaint sets forth the following facts. The Properties Plaintiff alleges she owns real property situated in an unincorporated area of San Luis Obispo County near Avila Beach, legally described as Parcel 2 of Parcel Map CO-99-037 in the County of San Luis Obispo. (Plaintif...

Excerpt: ...MW SLO, which BMW SLO accepted. On August 23, 2022, judgment was entered against Defendants pursuant to that offer. Pursuant to the accepted 998 Offer, the parties stipulated for purposes of the offer and acceptance that judgment would be entered against BMW SLO in the amount of $47,021.75, exclusive of costs; that Plaintiff is the "prevailing plaintiff as used and defined by Civil Code section 1794, subdivision (d); and that Plaintiff would surr...

Excerpt: ...ing yard at property located at or near 550 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. On October 19, 2022, this Court denied Plaintiff's motion for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Now before the Court is Plaintiff's renewed motion for preference. Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to the motio...

Excerpt: ...ved with the summons and complaint on May 13, 2022. Hansen did not file a responsive pleading, and default was entered on August 11, 2022. Hansen now moves to set aside the default. The Court is not in receipt of an opposition; a proof of service is on file. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Cod...

Excerpt: ...C (Defendants). Plaintiffs also seek an order holding Belsher in contempt of court. Defendants oppose the motion. Relevant Factual Background This case has been heavily litigated. Of note are the following motions: On June 30, 2022, this Court denied Plaintiffs' motion to compel discovery as moot. The Court granted Plaintiffs' request for sanctions and ordered Belsher to pay Plaintiffs $2,695 in sanctions within 30 days. In the instant motion, Pl...

Excerpt: ...dential housing project in Lompoc, California. The loans were brokered by defendant Mid-coast Capital, Inc. ("MCC'). The lender of four of the five loans in question was non-party Miller Family Trust ("Trust"). The loans were secured by deeds of trusts on various lots of real property (Lots 1-5). At some point, Plaintiff decided to pursue a construction loan with RC8 Equities and agreed with RCB that it would have the lenders on the five loans re...

Excerpt: ...wned by Henry Pangelinan ("Pangelinan") and leased by the Hickeys (the "Condo".) Allegedly, the fire began when the Grays, who were social guests of the Hickeys, negligently used the oven in the Condo. The Condo is part of the BaycliffVillage Homeowner's Association, which is insured through Traveler's. Now before the Court is the Grays' motion for summary judgment. The Grays have raised the issue of whether a social guest should be treated as a ...

Excerpt: ...lapsed under her. On June 30, 2022, Defendant served Requests for Production Set One ("RFP"), Form Interrogatories Set One, and Special Interrogatories Set One (collectively "interrogatories") on Plaintiff. On August 17, 2022 Plaintiff served her responses to all discovery requests. Plaintiff served an amended response on October 25, 2022. Defendant's counsel attempted a meet and confer by letter dated November 21, 2022. (Declaration of Matthew H...

Excerpt: ...le a responsive pleading. A default judgment was entered on October 20, 2022. Notice of Entry of Judgment was served on October 24, 2022. Joseph filed the subject motion to set aside default on October 28, 2022. Jemmstone, LLC filed opposition to the motion on March 10, 2023. Joseph filed his reply on March 21, 2023. Joseph seeks discretionary relief from default based on excusable neglect. Joseph declares that he worked for many years on commerc...

Excerpt: ...endants' motion to disqualify Plaintiff's supplemental expert witness Mark Apodaca. Under [Code of Civil Procedurel ] section 2034.210, subdivision (a), a party may demand a mutual and simultaneous exchange of each expert witness that any party 'expects to offer in evidence at trial.' And section 2034.260, subdivision (b)(l), requires an expert witness disclosure to list every expert 'that the party expects to offer' in evidence at trial... The s...

Excerpt: ...nswer on June 22, 2022. Wells Fargo now moves for summary judgment pursuant to Code of Civil Procedure section 473c. Wells Fargo moves on the ground that there is no triable issue of fact as to each of its six causes of action. Its motion is supported by its separate statement, a declaration from counsel, Defendant's responses to Wells Fargo's Requests for Admission, and the declaration of Plaintiff's Qualified Witness Margaret Schulze, Loan Work...

Excerpt: ...ownership of real property at 118 Clydell Court in Pismo Beach, California (the Property). Plaintiff alleges that he is the owner of an undivided 90% interest in the Property and Defendant is an owner of an undivided 10% interest in the Property. (Comp., "1 3, 4.) Plaintiff alleges that he and Defendant entered into a written agreement providing that he would convey Plaintiff a 10% undivided interest in the Property, and that the parties would li...

Excerpt: ...ustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees of $58,772 pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought ...

Excerpt: ...empleton, CA (the "Property"), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related to that Property. l. Background On or about May 17, 2006, Plaintiff obtained a $950,000 loan ("Loan") from Homecoming Financial Network, Inc. as evidenced by an Adjustable Rate Note dated May 17, 2006 and secured against the Property by Deed ofTrust recorded June 1, 2006. (UMF 1.) (Declaration of Gina Fe...

Excerpt: ..., failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After a mediation with Glenn E. Lerman, Esq„ the parties have reached a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the class action settlement, wherein Plaintiff requests the ...

Excerpt: ... Exs. E, F, G.) Plaintiff found certain responses to be insufficient. After meeting and conferring, and follow-ng extensions of tme to respond, Plaintiff filed motons to compel further responses to certain RFPs, RFAs, and form interrogatories. Smart72 served amended discovery responses on Plaintiff concurrently with its opposition brief. (Further Supplemental Declaration of Rebecca Peterson-Fisher (F. Supp. Peterson-Fisher Dec.), 1, Ex. A.) Smart...

Excerpt: ...ants Chad M. Reinhart; Jessica Reinhart née Stout; Stone Mountain Retreat, LLC; and Stone Mountain Ranch, LLC. The complaint asserts causes of achon for (1) breach and overburdening of easements; (2) trespass; (3) nuisance; (4) declaratory relief; and (5) injunctive relief. The Verified Complaint Plaintiffs' verified complaint sets forth the following facts. The Properties and Easements Plaintiffs and Defendants are neighbors who live on Davis C...

Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...

Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...

Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon is filed against the California Department of Parks and Recreation (State Parks), County of San Luis Obispo (the County), California Department of General Services (DGS), State of California, San Luis Obispo County Air Pollution Control Distri...

Excerpt: ...20, 2022. Defendant did not file a responsive pleading, and default was entered on March 3, 2022. Defendant now moves to set aside the default. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., S 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entr...