Excerpt: ... legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. On November 10, 2021, the Court sustained Defendants' demurrer to the complaint without leave to amend. Plaintiff now moves pursuant to Code of Civil Procedure section 10081 for reconsideration of this Court's order sustaining the demurrer (the “Order”). Plaintiff conten...

Excerpt: ...st, to construct and operate a hemp farm in Squaw Valley, California. (FAC, ¶¶ 5, 9.) Plaintiff alleges the parties agreed to split all costs and profits 50/50 and provide services to the partnership in equal percentages. (Id. at ¶ 7.) Plaintiff alleges the parties formed a company called Central Coast Hemp Company (the Company). (FAC, ¶ 8.) Plaintiff alleges the Company's articles of incorporation were filed with the California Secretary of ...

Excerpt: ... June 2, 2022. Prior to the filing of this action, Jason Dominguez (Dominguez) was appointed temporary conservator over Perez's person and estate by the Santa Barbara County Superior Court (Case No. 21PR00508). That appointment was extended on December 15, 2021, and Letters of Temporary Conservatorship issued on January 13, 2022.1 Dominguez, an attorney, is serving as a third‐party fiduciary. In addition to the conservatorship, Dominguez report...

Excerpt: ...o Andreoli that same day. On June 18, 2019, Fred and Laurie Siegenthaler (the Siegenthalers) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against the Siegenthalers alleging financial abuse and fraud, and alleging the Siegenthalers had coerced Decedent out of approximately $3.5 million prior to his death. On June 1, 2020, Andreoli recorded a ...

Excerpt: ...iffs allege that Baylee Pyzer was driving a vehicle owned by Rick Pyzer, when she collided with Deanna Corzo (Corzo), who was driving a car in which Plaintiffs were passengers. On December 7, 2020, Baylee Pyzer and Rick Pyzer filed a cross‐complaint against Corzo for implied indemnity, contribution and declaratory relief. Defendant Corzo made offers to each plaintiff pursuant to Code of Civil Procedure section 998, which Plaintiffs accepted. Pl...

Excerpt: ...ion is a qui tam claim asserted by Relator on behalf of the People of the State of California pursuant to the California Insurance Frauds Prevention Act, for violation of Insurance Code section 1871.7 and Penal Code section 550. Aetna dismissed the second through fifth causes of action on April 2, 2019. Pain Management Specialist Medical Group (Pain Management), Cypress Ambulatory Surgery Center (Cypress), Galileo Surgery Center (Galileo), Camari...

Excerpt: ...s from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep records “of all visits to Defendants' offices and/or all communications...

Excerpt: ...neys General Act (PAGA). Now before the Court is Plaintiff's motion for approval of the PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing Phoenix Settlement Administrators as the settlement administrator; (3) approving the proposed Explanatory Letter to be distributed to the aggrieved employees; (4) directing the funding and distribution of the Gross Settlement Amount under th...

Excerpt: ...er, Inc., and John Pepper, individually. The TAC alleges causes of action for: (1) violation of Corporations Code section 1601; (2) violation of Labor Code section 204; (3) involuntary judicial dissolution; (4) employment discrimination (Gov. Code, § 12900); (5) wrongful termination in violation of public policy; (6) retaliatory discharge in violation of Government Code section 12940, subdivision (h); (7) conversion; and (8) breach of fiduciary ...

Excerpt: ...inda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the 2017 Trust); and Johnny Lawrence Newton (Newton), an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the 2017 Trust. Raelene Ramos and Bowlby are sisters. Their parents John and Thelma Hindmarsh settled the Irrevocable Trust and Revocabl...

Excerpt: ...bject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “Es...

Excerpt: ... on the side of the road southwest of the community of Coalinga (the “Park Fire”).1 The Kester action alleges in essence that the Park Fire was caused by a 2014 International Asphalt hot patch truck with loader owned by the County and operated by its employee to compact and scrape loose asphalt on Parkfield Road. Plaintiffs generally allege that scraping the metal bucket of the loader on the road caused sparks that caught dry grass on the sid...

Excerpt: ...oss‐complained against Plaintiff, asserting two causes of action for trespass and recovery of penalties and costs pursuant to Streets and Highways Code section 720 et seq. Plaintiff alleges it owns real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for appro...

Excerpt: ...e allegations regarding punitive damages (¶¶ 82, 89, 109) and the corresponding prayer for relief in the TAC. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164 [a complaint is subject to a motion to strike if it fails to allege facts supporting a punitive damages claim].) Punitive damages are governed by Civil Code section 3294, which requires allegations of “oppression, fraud, or malice ....” Under subdivision (b) of Civil Code...

Excerpt: ...anagers, general partners, or chief executive officers of, or otherwise manage and control” the Marshall Company Defendants. (FAC, ¶ 5.) She alleges that she has an equitable and/or legal interest in the Marshall Company Defendants “either held individually, in the Trust, community property and/or now as tenant in common due to the impact of her dissolution with Braff.” (FAC, ¶ 7.) Defendants “willfully, knowingly, and blatantly diverte...

Excerpt: ... class action lawsuit filed by Plaintiffs Tam Farias and Nicholas Calvi, against Defendant Compass Health, Inc. The Farias first amended complaint (FAC) alleges multiple causes of action under the Labor Code, Business and Professions Code, and Private Attorneys General Act (PAGA). The Calvi complaint alleges one cause of action under Business and Professions Code. Now before the Court are the following motions: (1) Plaintiff Farias' motion to com...

Excerpt: ...014, Plaintiffs entered into a lease agreement for a residential property located at 212 Seaview Avenue, Pismo Beach (the “Premises”). Shortly after moving into the Premises, Plaintiffs began suffering adverse health effects. In 2019 the Plaintiffs became aware of significant amounts of moisture, mold, fungus, and bacteria, which they allege caused physical injury and damages. Plaintiffs have filed two motions for leave to file a first amende...

Excerpt: ... Ronald Berry (“Ron”), was dismissed from the action on August 1, 2018.1 The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. On May 27, 2021, the Court ruled on Scott's motion for summary judgment, treating it as a motion for judgment on the pleadings. The Court granted the motion with leave to amend “to allege facts supporting inclusion of Scott in the first, second, fourth, and sixth causes...

Excerpt: ...rty), and that Defendants entered into an agreement with Milstein, on June 21, 2021, to sell him the Property. Milstein alleges that Defendants breached the agreement by refusing to do so. Attached to the complaint is a California Residential Purchase Agreement (the RPA) signed by the parties in June 2021. On March 9, 2022, Defendants filed an unlawful detainer action against Milstein seeking possession of the Property. The attached lease, which ...

Excerpt: ...ility – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of action was filed as a violation of the Fair Employment and Housing Act (the FEHA). I. STATEMENT OF FACTS The District hired Lowry in 2001 for the position of Harbor Patrol Officer (HPO) I. He was subsequently promoted to HPO II and HPO III. In addition, Lowry served as the interim Harbor Chief from September 2011 to October 2015. On March 11, 2016...

Excerpt: ...that she was part of a security breach. (Id. ¶ 8.) After calling the number on the warning, Plaintiff was advised by a man named “Naz Adams” (“Adams”) of the extent of the purported breach and so began a series of phone calls with Adams (Id.) At some point, Adams informed Plaintiff that her bank account had also been compromised and introduced her to a man named Jack Wells (“Wells”) who claimed to work for Mechanics Bank. (Id. ¶ 9.)...

Excerpt: ... following issues: that Garden Street is liable to Lindvall for breach of a promissory note under the first cause of action; that Marshall is liable to Lindvall for breach of a written guaranty under the second cause of action; and that Defendants' affirmative defenses are insufficient to excuse Defendants' breach of the note and guaranty. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding i...

Excerpt: ... violation of the California Environmental Quality Act (CEQA), Public Resources Code sections 21 168 and 21 168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation, formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit cen...

Excerpt: ...y 23, 2022. In the 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. The FAC alleges that Acramonte is an 88‐year‐old man with multiple health problems including Alzheimer's and dementia. (FAC ¶¶...

Excerpt: ...ubject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “E...