Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...

Excerpt: ... or about March 20, 2018, and presented to Dr. Rasul at Bishop's Peak Women's Health Center and advised Dr. Rasul that she suspected she was pregnant. (Compl., ¶ 15.) Plaintiff alleges that Dr. Rasul confirmed Plaintiff's pregnancy, discharged Plaintiff, and “carelessly and negligently prescribed Plaintiff misoprostol 200 mcg oral tablet.” (Ibid.) Plaintiff alleges that misoprostol is also known by the brand name Cytotec and “is commonly r...

Excerpt: ...laintiff filed his First Amended Complaint later that same day (“FAC”). Quest demurred to Plaintiff's FAC and moved to strike the relief requested by Plaintiff. Plaintiff opposed the demurrer and motion to strike. Quest's demurrer was overruled as to Plaintiff's second cause of action under the UCL and sustained with leave to amend as to Plaintiff's first cause of action for declaratory relief. Quest's motion to strike was granted in its enti...

Excerpt: ...une 22, 2019, at 2515 Victoria Way in Cambria. Roberto now seeks $22,181 in unpaid invoices. On September 10, 2019, Defendant filed a cross ‐complaint against Roberto, Mercado Gardening & Hauling, and Alberto Mercado2 alleging causes of action for (1) unfair business practices, (2) violation of Business and Professions Code section 7031, (3) negligence, and (4) declaratory relief. The second, third, and fourth causes of action are pled against ...

Excerpt: ...osit these checks into her personal accounts held at JP Morgan Chase Bank (“Chase”) and Ally Bank (“Ally”). Both of whom are also named as defendants along with Sierra and Wilde. 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 Sierra (1) violation of various Commercial Code sec...

Excerpt: ...a Hermesch (“Respondent”) was added as a beneficiary, along with other individuals. The Trust also named Respondent as the successor trustee. On May 13, 2018, Petitioner filed a petition seeking to invalidate the Trust. He thereafter filed a first amended petition (“FAP”) in July 2018, which alleged four causes of action. Petitioner alleges in the FAP that Respondent exerted control and undue influence over Decedent and that at the time s...

Excerpt: ...the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals is...

Excerpt: ...unt) plus interest at the rate of 10% annually. Mr. Allan further awarded Petitioner $2,420.48 in administrative fees, expenses, and arbitration compensation and expenses. Thus, Petitioner was awarded $8,602.48 in total, to be recovered from Respondents. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure1 section 1285, et seq. Once an arbitration award has been confirmed and judgme...

Excerpt: ... County) owned, operated, and controlled catch basins, storm drain systems, drainage systems, and/or street improvements on North Oak Park Boulevard adjacent to CCS, which caused or contributed to the flooding. Plaintiffs' First Amended Complaint (FAC) alleges seven causes of action against Defendants CCS, the County, and the City of Arroyo Grande (the City). After Plaintiffs dismissed two causes of action pled against the County, two causes of a...

Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...

Excerpt: ...s Pismo Beach Self‐ Storage, L.P. (PBSS); PBGP, LLC; and M.J. Ross Construction, Inc. (MJR), and alleges causes of action for (1) negligence, (2) removal of lateral support (against PBSS and PBGP, only); (3) negligence per se; (4) trespass; and (5) private continuing nuisance. This lawsuit concerns two adjacent parcels of property located at 100 Five Cities Drive (the PBSS Property) and 200 Five Cities Drive (the Jasool Property). (FAC, ¶¶ 3,...

Excerpt: ... served with the summons and complaint on April 10, 2019. He too did not file an answer, and his default was entered on May 21, 2019. On August 28, 2019, Defendants moved to set aside their respective entries of default. However, the proofs of service did not indicate that the motions were served on Plaintiff, the notice of motion was incorrect, and the motions did not indicate under what statute or on what grounds the parties were seeking to set...

Excerpt: ...use of action for violation of Business and Professions Code sections 17200, et seq. Plaintiff's FAC alleges that Mindbody engaged in unfair business practices because he and other similarly situated employees in California were not paid overtime at the correct rate, were not provided with duty‐free meal and rest periods, were not paid meal period premiums, and were not reimbursed for their business expenses, in violation of various provisions ...

Excerpt: ...n Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the 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. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case N...

Excerpt: ...uta's behalf in the United States District County Central District, which is located in Los Angeles County. That action was dismissed shortly thereafter at the request of Nauta's mother, in order to make some changes. A revised complaint was filed against Bank of America in the same court on February 16, 2018. It was later dismissed at Nauta's direction, on April 23, 2018. (Murphy Decl., ¶¶ 9‐12.) Murphy reports that she and Nauta have been e...

Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...

Excerpt: ...nd winding up of limited partnership. On August 26, 2019, this Court ordered the parties to attend mediation, to be completed by December 6, 2019. (Pick Decl., Ex. F.) Mediation was scheduled for November 6, 2019. (Pick Decl., ¶ 14.) However, Mr. Pemberton, by this time was no longer represented by counsel1 , and did not appear at the mediation. (Ibid.) On August 15, 2019, Defendants – still represented by counsel – filed a petition to compe...

Excerpt: ...S. Highway 101. On June 7, 2019, Coleman filed a Notice of Settlement and an Application for Determination of Good Faith Settlement which reported that he had settled with Plaintiffs in the amount of $15,000. The Court approved the application 26 days later, on July 3, 2019. On July 5, 2019, Defendant filed three declarations in opposition to the application; and a week later, on July 10, 2019, filed an opposition to the application. The Code of ...

Excerpt: ... Off Highway Motor Vehicle Recreation (State Parks) is a real party in interest because the complained‐of activity occurred partially on its land. Petitioner's allegations. This action centers around the County's alleged mismanagement of a lagoon at the mouth of the Arroyo Grande Creek in San Luis Obispo County (the Lagoon). Petitioner alleges the County has “manipulated this Lagoon primarily during the rainy season for flood control purposes...

Excerpt: ...tinuing nuisance, (2) declaratory relief, and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell has used her property in such a way that untreated sewage has flowed from it to Plaintiff's Property. Plaintiff also alleges that the...

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

Excerpt: ... Probate Conservator of the Person on December 11, 2018 (the “Amended Petition”.) The Court grants the Department's request that it take judicial notice of the Amended Petition and Notice of Hearing. Findley now demurs to the Petition filed on October 19, 2018. In the alternative, Findley moves to quash the Petition. The Department opposes both motions. As to Findley's motion to quash, Findley cites no authority that such a motion is proper, ...

Excerpt: ... Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professions Code section 17200 – resti...

Excerpt: ...ntial building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4‐6.) On April 26, 2019, Defendant filed an answer, denying Plaintiff's allegations. Now, before the Court is Plaintiff's motion to deem the truth of the matters specified in Plaintiff's requests for admission (RFAs) to Defendant admitted, and for sanctions in t...

Excerpt: ...suant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff's favor in the amount of $4,074,60, representing the unpaid credit card balance and court costs. (Stip., ¶ 1.) The Stipulation further provided that Plaintiff would not request judgment be entered so long as Defendant did not default with a payment plan. (Id. at ¶ 4.) Per the Stipulation, Defendant was required to make payments directly to Plaintiff's cou...

Excerpt: ...work. Defendants filed a Cross‐Complaint. On April 15, 2019, Plaintiff served form interrogatories (set one) on Brown and on Hefele. On May 7, 2019, Plaintiff served form interrogatories (set two) on Brown and on Hefele, inspection demands (set one) on Brown and on Hefele, and special interrogatories (set one) on Brown and on Hefele1 . Defendants each served their objections and responses to the discovery (including both sets of form interrogat...

Excerpt: ... Defendants). Plaintiffs' complaint alleges causes of action1 for (1) intentional interference with contractual relations (by Mr. Letters, Letters, Inc., and WCG), (2) intentional interference with prospective economic advantage, (3) violation of California Business and Professions Code (B&PC) section 17045, and (4) declaratory relief. Plaintiffs allege they are each separate, independent retail services stations with fuel dispensaries who entere...

Excerpt: ...r for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation. Plaintiff argues in opposition that no legal authority supports this petition, and that none of the statutes or rules cited by Defendant authorize the Court to grant Defendant the relief she seeks. Plaintiff further argues that mediation would be futile. The statutes and rules cited by Defendant's motion, Code of Civil Procedure sectio...

Excerpt: ...il conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove‐up hearing, a default judgment was entered against ZLG on July 15, 2019. ZLG now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473(b) and 473.5. Although not set forth in the caption for their motion, ZLG further argues the judgment should be set aside under section 473(d), as a v...

Excerpt: ...horized the $6,500 payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requ...

Excerpt: ...TDG”) (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 California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and a...

Excerpt: ...rian Symcox, an individual, filed 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 dissolv...

Excerpt: ...e at California Men's Colony (CMC). Plaintiff alleges that, on July 2, 2018, the Investigative Service Unit at CMC conducted a contraband search in prison dorm 16 while the inmates were at breakfast. (Pet., p. 1 and Ex. B.) Plaintiff claims that after this search, he discovered that his personal items were scattered, and he was missing items from his locker, identified as a battery charger, 4 AA batteries, 6 AAA batteries, and a book lamp. (Pet.,...

Excerpt: ...st amended complaint filed on October 30, 2019 added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross‐complaint for breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, injunctive relief, declaratory relief, receipt of stolen property, negligence, and unfair competition. Sterling and Ciano Real Estate, Inc. are named as the cross‐defendants. The parties dispute aris...

Excerpt: ...r stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier ‐CA, LLC (the “Moving Parties”) now seek an order allowing the Petition for Approval of Minor's Compromise to be filed under seal. The Moving Parties argue the proposed petition requires disclosure of the “settlement amount” within a confidential settlement agreement, and that the partie...

Excerpt: ...endant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (Compl., p. 4) Plaintiff alleges that Defendant misrepresented the results of Plaintiff's polygraphs, and that Plaintiff has suffered damages and setbacks in his treatment program as a result. Plaintiff seeks compensatory damages in the amount of $2,500,000, punitive damages, costs, and requests that Defendant's license and certif...

Excerpt: ...e the Court is Defendant's motion for attorney's fees. The motion is unopposed. Section 527.6 of the Code of Civil Procedure1 which governs requests for, and issuances of, temporary restraining orders (TROs), was enacted “to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 729‐730, citing Stats.1978, ch...

Excerpt: ...each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 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. The TAC alleges that with respect to each contract, Eagle improperl...

Excerpt: ... High Ridge Manor, and the other partners, HRM 1, LLC and Lane Yudell (collectively with High Ridge Manor, “Defendants”). The complaint alleges, among other things, that Defendants failed to make the payments required under the partnership agreement. The proofs of service on file indicate that on January 2, 2019, at 7:00 p.m., Lane Yudell was personally served, both in his individual capacity and as the authorized agent for the two entity def...

Excerpt: ...efore the Court again on November 30, 2017, when Martell filed a claim of exemption to an earnings withholding order. After reviewing Martell's Financial Statement, the Court ordered her to pay $150 per month starting December 15, 2017. A writ of execution returned on April 16, 2019, reports that Martell has paid $3,962.50 towards the judgment, and that there is $2,580.03 left owing. Simmons now moves for an award of post‐ judgment costs and at...

Excerpt: ...08.5), (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) gender violence (Civ. Code, § 52.4). Plaintiff alleges that on May 11, 2017, she was sexually assaulted by Mr. Edwards 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 assaulte...

Excerpt: ...n default on rents due from December 2017 through March 2018. Plaintiff was awarded judgment in the net amount of $3,619, and as the prevailing party, was awarded attorney's fees in the amount of $11,831.25, and costs in the amount of $1,015. Defendant timely filed her notice of appeal. On June 25, 2019, the appellate court upheld the judgment of the trial court, finding in Plaintiff's favor. The clerk served the remittitur on July 29, 2019. Plai...

Excerpt: ...pers for Defendants. Lua worked for Defendants from May 2005 to June 12, 2017, and Guzman from 2014 to May 2017. (Cmp., ¶¶ 13, 14, 22.) Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and seventh causes...

Excerpt: ...ter two small claim actions filed against Goodan were filed on August 2, 2019. Each of these matters is on calendar today for a case management conference. On September 3, 2019, Bella, the Ellises, Goodan, Grief, and the Harmony Ranch Association (the “HRA”) filed this action against the Pelfreys (19CVP‐0288). The dispute arises out of a shared road (easement), known as Harmony Ranch Road, which services six parcels of property. The Pelfrey...

Excerpt: ...d 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”). Since the complaint was filed, the Court has ruled on the Defendants' following motions: • A demurrer by PHA, which was sustained without leave to amend on April 25, 2019, and for which notice of order was served on May 1, 2019; • A demurrer by McK...

Excerpt: ...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.) On March 29, 2019, the Port filed a motion for judgment on the pleadings, which the Court granted, without leave to amend, on June 20, 2019. The Port served notice of entry of judgment on July 15, 2019. On Augu...

Excerpt: ...omplaint (FAC) adding causes of action under the Private Attorneys General Act (PAGA), and for failure to produce personnel and payroll records upon request. Defendant was served with the FAC and other relevant documents on July 23, 2019. A default was entered against Defendant on September 18, 2019. Now, before the Court is Plaintiff's motion for leave to file a second amended complaint. “The court may, in furtherance of justice, and on any te...

Excerpt: ...ium. Plaintiffs' complaint further 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 is a motion for summary judgment brought by Dr. Ryan, Mr. Anderson, and Central Coast Che...

Excerpt: ...counting, Remove Trustee, Appoint Successor Trustee, and Compel Redress for Breach of Trust against Respondent Geraldine Lopez Macklin (“Macklin”), Trustee of the Antonette Waiton Family Trust, dated March 7, 2006.1 On December 3, 2018, Petitioners filed their Verified Amended Petition. On January 23, 2019, Macklin was personally served with Petitioners' Request for Production of Documents (Set One) and Petitioners' Requests for Admissions (S...

Excerpt: ... payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requests costs of suit...

Excerpt: ...ed by the San Luis Obispo County Department of Planning and Building (the County) to Petitioner, alleging she was engaging in “unlawful cannabis activity” on the Property in violation of the County Code. (Pet., p. 2, ll. 17‐23.) To abate the nuisance, Petitioner alleges she was ordered to destroy all cannabis plants on the Property. (Pet., p. 2, l. 28.) Petitioner alleges that a hearing on the Notice was held June 8, 2018, during which time...

Excerpt: ...tively with Haagensen “Plaintiffs”) had filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Gustin's complaint sets forth fifteen causes of action. Both complaints allege that Nielson started his own gymnastics training center; and both allege that Nielson made defamatory statements about them individually at the Center and the gymnastics community at large. Gus...

Excerpt: ...rocedure sections 395 and 397, to transfer venue on the grounds that venue in San Luis Obispo County is improper, as Defendant is a resident of Santa Clara County. Plaintiff opposes the motion. Defendant sent correspondence to Plaintiff prior to filing her motion, seeking to have Plaintiff transfer venue. Plaintiff refused. Code of Civil Procedure section 395(a) provides that: [I]f a defendant has contracted to perform an obligation in a particul...

Excerpt: ...At the MSC, the matter settled as to Giordano only. The Court approved the terms of the settlement as cited into the record, ordered the parties to comply with the executory provisions thereof, and ordered the agreed disposition enforceable by motion pursuant to Code of Civil Procedure section 664.6. Giordano agreed to have an automatic deduction from his bank account sent directly into the Plaintiffs' account. (Exh. A, 4:2‐5.) Plaintiffs' coun...

Excerpt: ...2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals issued a 31 page opinion affirming the trial court's fra...

Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...

Excerpt: ...n Kleck Road. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction with the owner of the property. Merrill and Berry were, respectively, the broker and agent negotiating the sale; and represented both the owner and Plaintiffs. Berry also performed earthwork and paving at the construction site in connection with his business Castle Construction, LLC. On July 26, 2019, Plaintiffs f...

Excerpt: ...r to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.20, consisting of $1...

Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second 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...

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: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) 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 property....

Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...

Excerpt: ...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 deductions to their royal...

Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked ...

Excerpt: ...set of requests for production of Documents (“RFPs”). Ford responded on September 4, 2018. On October 17, 2018, Plaintiff's counsel sent a meet and confer letter setting forth their issues with Ford's responses, and proposing to extend the deadline for filing a motion to compel to November 9, 2018. (Morse Decl., Ex. C.) The deadline at the time of initiating the meet and confer process was October 24, 2018. (Code Civ. Proc., 2031.310(c), 2016...

Excerpt: ...98.6; (4) retaliation in violation of Labor Code section 6310; (5) failure to pay minimum wages; and (6) failure to pay earned wages and waiting time penalties. Plaintiff began working at KCSC as a Judicial Secretary on September 6, 2008. (Undisputed Material Fact [UMF] 1.) On April 24, 2015, Plaintiff became “Mental Health Court Coordinator,” a new position that entailed the same job duties Plaintiff had as Judicial Secretary, as well as add...

Excerpt: ...as Doe defendants. Westland Engineering and Hernandez Masonry have since been dismissed from the suit after each defendant executed a mutual release in exchange for a waiver of costs.1 TAG took the default of Jabraco, Inc. and Buena Geotechnical Services. As of September 2018, Barnhard was the sole remaining defendant in the action. On October 1, 2018, the Court held a readiness conference. At that time, Barnhard requested that the trial be conti...

Excerpt: ...aylor Living Trust of 2014, El‐Do, Inc., James Traylor, Catherine Winter, Brady Winter (collectively “Traylor/Winter Defendants”), David Crabtree, Home and Ranch Sotheby's International Realty (collectively “Realty Defendants”) and Farm Credit West. This action arises from Plaintiff's purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, Californi...

Excerpt: ...alleges that on October 8, 2017, Defendant willfully and intentionally assaulted and battered Plaintiff, causing him to suffer a mild traumatic brain injury (i.e., concussion) and other physical injuries and medical expenses. At the time of the incident, Plaintiff was assisting his mother, Lauri O'Neill, in moving out of the home she shared with Defendant, as Ms. O'Neill and Defendant were in the process of a divorce. Now before the Court are the...

Excerpt: ..., 3) violation of California Business and Professions Code section 17200 et seq., 4) fraud and 5) quiet title. This action arises out of the foreclosure and sales of two properties owned by Plaintiff: Plaintiff's primary residence, located at 775 San Marcos Road, Paso Robles, California (the “San Marcos Property”) and a second property located at 425 Pacific Avenue, Cayucos, California (the “Cayucos Property”). On November 15, 2018, this ...

Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). 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 ...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...

Excerpt: ... 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 to collectively). The first is a larger p...

Excerpt: ...ans”), Francisco Savala (“Savala”), and Saroyin Watkins (“Watkins”), arising out of an accident that occurred on April 20, 2017, near the Cholame “Y” intersection where State Route 46 (“SR 46”) and State Route 41 (“SR 41”) meet. California State Transportation Agency (“CalSTA”) was also named as a Defendant but has since been dismissed with prejudice from the complaint. On June 1, 2018, Savala and Watkins filed a Cross�...

Excerpt: ...ause of action under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Defendant now brings a Motion to Transfer Venue, or in the Alternative, to Compel Arbitration (“Motion”). Plaintiff opposes the Motion. Defendant first moves to transfer venue for this action pursuant to Code of Civil Procedure section 397(a), on the ground that this is not the proper court for trial of this action because venue is not prope...

Excerpt: ...e Civ. Proc., § 2018.030); and (C) thirty‐seven (37) documents referenced by The Tribune which have been produced with redactions. The Court issued instructions with respect to each of these categories, and this hearing was set to address and narrow the issues further. A. Documents Withheld Based on the Official Information Privilege The parties note there are approximately 12 documents currently being withheld based on the official informatio...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...

Excerpt: ..., 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 their respective properties f...

Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...

Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...

Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...

Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...

Excerpt: ...actory completion of specified terms that were not to be performed within 45 days of the settlement, but that a request for dismissal would be filed no later than December 13, 2018. This Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6, and set the matter for dismissal on January 28, 2019, absent a motion prior to that date. On January 4, 2019, Plaintiff filed this motion pursuant to Code of Civil Procedure section 66...

Excerpt: ...seling in connection with his drug addiction. The Starr Defendants were leasing commercial space from Bonaire Investments (“Bonaire”) in Los Osos, California. Garland's mother and father, Julie Stahl and James Garland (“Plaintiffs”), filed separate but virtually identical complaints in April and June 2015, respectively. The Court ordered the matters consolidated in September 2015. First amended complaints were filed in May 2018. Plaintiff...

Excerpt: ...orentino, Dan Neff1 , the Arroyo Grande Police Department, the City of Arroyo Grande, and Michael Smiley. Plaintiff's lawsuit asserts causes of action for (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Education Code section 44114; (3) invasion of privacy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) negligent hiring, supervision, and retentio...

Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...

Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...

Excerpt: ...lty 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) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...

Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...

Excerpt: ...dants”).1 Currently on calendar are eight discovery motions. This tentative ruling covers (1) Plaintiffs' Motion to Compel Further Responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado; and (2) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue...

Excerpt: ...precertification discovery, including form interrogatories, special interrogatories, and Requests for Production (“RFPs”). Paloma provided responses, but Plaintiff argued that some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Mot...

Excerpt: ...Judgment was renewed on August 19, 2013. Plaintiff has now received an employment verification showing that Defendant also goes by Yesenia Vela. (Chen Decl., ¶ 9; Exhibit 6.) Plaintiff moves to amend the Judgment to add the name Yesenia Vela to the Judgment, along with Yesenia Yela. Plaintiff asserts that Yesenia Yela and Yesenia Vela are the same individual, and Plaintiff is not adding a new party to the Judgment. A California court may use “...

Excerpt: ...arson”) is liable. Trial is set for February 19, 2019. Defendant has filed a Motion for Leave to Conduct Second Deposition of Plaintiff, and a Motion for Leave to Conduct a Medical Examination of Plaintiff. Plaintiff opposes both motions. Motion for Leave to Conduct a Medical Examination of Plaintiff Defendant moves for leave to conduct a second medical examination of Plaintiff on February 11, 2019, with Dr. Mary Genevieve, a board‐certified ...

Excerpt: ...LaBarre is the Supervising Environmental Health Specialist with 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 B...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...

Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...