Excerpt: ...ent entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expunge th...

Excerpt: ... condemnation. Plaintiff alleges that it has incurred damages, including remediation costs in excess of $200,000. (SAC ¶ 13.) Plaintiff alleges that it is the owner of real property consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (“Highway”), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Plaintiff inte...

Excerpt: ...at Templeton Surgery Center. On October 3, 2020, the two actions were consolidated. On December 1, 2020, Plaintiff dismissed Templeton Surgery Center with prejudice. Now before the Court is Dr. Bolivar's motion for summary judgment. The Court is not in receipt of an opposition; a proof of service is on file. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the ...

Excerpt: ...e was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of Ca Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outli...

Excerpt: ...gan renting real property from the Switzers in October 2018. Wiley alleges that from that time until May 2021, Joel repeatedly made sexual comments to her. Wiley alleges that she informed Terri of Joel's harassment, and as a result, the Switzers initiated an eviction action against her in September 2021. The unlawful detainer complaint and summons are attached as Exhibit A to the complaint. In addition to the sexual harassment allegations, the co...

Excerpt: ...ntract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; and 4) fraud. Now before the Court is Defendants demurer to the FAC on the grounds that it fails to state a claim for relief. (Code Civ. Pro. § 430.10(e).) I. Background On or about May 25, 2019 Plaintiffs purchased the Property from Defendants for $2,525,000. (Complaint ¶ 12.) Plaintiffs obtained title to the Property in August 2019 (Id. ¶ 13). Plaintiffs...

Excerpt: ...int alleges Plaintiff was a civil service employee for the District from March 26, 2012, through April 1, 2021. (Complaint, ¶ ¶ 1‐2.) Koon was Plaintiff's direct supervisor. (Id. at ¶ 3.) Koon was offered a full‐time position, which Plaintiff believed was improper and could lead to a lawsuit against the District. (Id. at ¶ 11.) After Koon was hired full‐time, “increasing levels of stress and duress were placed on the plaintiff by the ...

Excerpt: ...an investigation by the Cal Poly Office of Equal Opportunity (OEO), Hearing Officer Lisa Jaye found Petitioner committed sexual misconduct as that term is defined in CSU Executive Order 1097 (revised March 29, 2019) (the Policy). With this action, Petitioner requests the Court set aside the findings made and sanctions imposed by Cal Poly and order no further administrative action be taken against Petitioner. FACTUAL BACKGROUND A. The December 8, ...

Excerpt: ...5 Higuera LLC, a dissolved California limited liability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. On July 28, 2021, Plaintiffs served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (the Discovery), on defendant Belsher. (Raftery Dec., ¶ 2.) After failing to receive timely responses, and after meeting and conferring with Belsher, Plaintiffs...

Excerpt: ... January 22, 2021. The FAC alleges Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc., and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). It also alleges that Gi...

Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...

Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...

Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...

Excerpt: ...a).1 On June 23, 2020, B&D Farms, Inc. (B&D) and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Mark is named in the first cause of action for fraud and conspiracy to defraud, and the fifth cause of action for unjust enrichment. The Court consolidated the two actions for pretrial purposes. On December 9, 2021, Mark filed a second amended cross‐complaint (SAXC) against Ginger, Wapita...

Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...

Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...

Excerpt: ...mium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...

Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...

Excerpt: ...e Foster has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...

Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...

Excerpt: ...h counsel – reached a settlement on or about October 9, 2018. Plaintiff's counsel sent a conditional settlement agreement to Defendant for execution on October 11, 2018, but Defendant never signed the agreement. Despite never signing the agreement, Defendant made payments per the agreement's terms through January 24, 2019. Plaintiff's counsel stated he contacted defense counsel several times in March of 2019, and then once in August of 2021. De...

Excerpt: ...sonry by Darin.” In the motion, Vandeventer states that his motion to dismiss should be granted because the parties are bound by an arbitration agreement. Plaintiff did not file an opposition. It is unclear which corporate entity, if any, is a proper party to this lawsuit. However, a corporate defendant may not represent itself and must appear through an agent who is a member of the bar. (Merco Construction Engineers, Inc. v. Municipal Court (1...

Excerpt: ... alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff seeks to depose Thanom, who is the only known percipient witness to the incident, in order to establish liability and causation. Plaintiff moves for an order compelling the deposition testimony of Thanom, or alternat...

Excerpt: ... was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of CA Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outlin...

Excerpt: ... default and default judgment entered against it, and on August 19, 2020, Defendant filed a responsive pleading. On November 2, 2021, a bench trial was held. This Court's ruling in favor of Plaintiff was filed on December 16, 2021, and the judgment against Defendant was entered on January 12, 2022 (the “Judgment”). The Judgment awards Plaintiff reasonable attorneys' fees and costs according to proof by a properly noticed motion, pursuant to C...