Excerpt: ...nce with Code of Civil Procedure sections 2023.010, 2023,030, 2030.300(d), and 2033.290(d), in the amount of $2,533. Plaintiff opposes the motion. Sierra Vista seeks further supplemental responses to its Special Interrogatories nos. 15‐17, and Requests for Admission (Set #2), nos. 1‐5. On March 31, 20221 , after this motion was filed, Plaintiff served further responses without objections to Special Interrogatories nos. 15‐17, and Requests f...

Excerpt: ...er”), filed a petition under 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 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. The parties agreed that bifurc...

Excerpt: ... including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On October 8, 2021, the Court certified the following subclasses: ‐ A meal period subclass (the pre‐2017 Meal Period Subclas...

Excerpt: ...tiff's motion for leave to file an amended complaint. Plaintiff seeks to file a first amended complaint (FAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment...

Excerpt: ...[now deceased], Adam Morales, and Ava Morales). The Trust provides that after the settlor's death, the trust estate is to be distributed in its entirety to Adam Morales (“Respondent”). (Pet., Ex. A [Trust, Art. V, ¶ (B)(1)].) The petition reports that the settlor lived with Respondent in Arizona for the last seven years of her life. (Pet., ¶ 24; see also Pet., Ex. A [Trust, Art. I].) On November 22, 2021, Ava Morales (“Petitioner”) file...

Excerpt: ...an injury during a visit to Dr. Hixson on July 24, 2019, when Dr. Hixson made an adjustment to Plaintiff's neck area. Plaintiff alleges she only consented to Dr. Hixson's treatment of her lower back and hip area. Plaintiff alleges she never consented to Dr. Hixson's treatment of her neck, which she injured in 2009, and underwent surgery on at some point thereafter before beginning treatment with Dr. Hixson. Plaintiff alleges she has suffered pain...

Excerpt: ...uding a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' Second Amended Complaint (SAC) alleges causes of action against Defendants for breach of fiduciary duty, u...

Excerpt: ...whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. The complaint outlines an escalating feud between the parties regarding the noise issues, which resulted in defendant Carlos Martinez Beltran III obtaining a restraining order against Plaintiff in October 2019 (Case No. 19CVP‐0325).3 Plaintiff concedes she was charged with contempt of court for violations of that restraining order. She states she pleaded no c...

Excerpt: ...Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Ocean View Manor Apartments in Morro Bay, where Plaintiff is a resident. Plaintiff's first amended complaint (FAC) alleges causes of action for (1) fraud – intentional misrepresentation; and (2) fraud – concealment. Now before the Court are two motions filed by Plaintiff: (1) Consent motion to extend the discovery deadline to compel Defendants' responses to requests for pr...

Excerpt: ...t originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares, with tw...

Excerpt: ...Petitioner filed a petition for instructions related to the same subtrusts. Petitioner filed an amended petition for instructions in August 2020. In the interim, on July 3, 2018, Respondent filed a petition for approval of his second account. Respondent filed a second amended petition in October 2018.1 On May 13, 2021, the Court set the trial on all three petitions for November 30, 2021. (Min. Order, 5/13/21.) The Court confirmed that trial date ...

Excerpt: ...eneral Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was unopposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to ...

Excerpt: ... trustee's sale, on September 14, 2021. The FAC alleges the sale to Aminilari is invalid because the statutory safeguards for non‐judicial foreclosure sales were not followed, and because Aminilari misrepresented her intention to use the property as her primary address. Plaintiffs seek to set aside the sale and quiet title to the Property. Prior to Plaintiffs' filing this wrongful foreclosure action, Aminilari had filed an eviction action again...

Excerpt: ...ous women in various rooms of the lodge.'” Plaintiff alleges this statement is false and Defendant knew the statement was false when she made it. Now before the Court are three motions to compel filed by Plaintiff: (1) Motion to compel Sprint to produce business records in response to a validly issued subpoena or, in the alternative, compel Defendant to provide an authorization to obtain the subpoenaed records; (2) Motion to compel Verizon to p...

Excerpt: ...ts moved to compel responses to the interrogatories and the demands for inspection, to deem the requests for admission to be admitted, for monetary sanctions in connection with each motion ($1,060 for the motion to deem requests admitted, and $910 each for the other two motions, for a total of $2,880), and for terminating sanctions. On March 14, 2022, Plaintiff's counsel filed a declaration explaining that discovery responses were electronically ...

Excerpt: ...rty for a 60‐ month temporary construction easement (the Construction Easement) for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure section 1245.235, the County Board of Supervisors, by a vote of not less than two‐thirds (2/3) of all its members, adopted a Resoluti...

Excerpt: ...es incurred by Plaintiff after entry of this judgment in collecting the amounts awarded herein.” (Id. at ¶ 6.) Plaintiff obtained a sister state judgment in California, on September 11, 2019. (RFJN, Ex. 3.) This Court previously granted Plaintiff's motion for an assignment order assigning it Defendant's commissions earned from his work as an independent contractor at Freedom Equity Group. Plaintiff then moved to recover its attorney's fees and...

Excerpt: ...ntative, Kim Mathis (“Mathis”), retained George Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). On March 20, 2020, Sandra Natali's (“Natali”) counsel (Jonas Bailey) sent Ross a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “Trust Subpoena�...

Excerpt: ... and motion to strike were filed, Defendants filed this motion for protective order, related to discovery served by Plaintiff. Defendants moved pursuant to Code of Civil Procedure §§ 2030.090, 2031.060 and 2017.020, on the grounds that the discovery causes Defendants unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Specifically, Defendants' motion seeks to stay discovery pending resolution of the demurrer and mo...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ...Plaintiff alleges that Defendant operates a chain of KFC restaurants in California, and that Defendant unlawfully denied Plaintiff and other aggrieved employees meal and rest periods, failed to provide accurately itemized wage statements, and failed to timely pay compensation. Now before the Court is Defendant's motion to stay. Analysis. Defendant requests the Court stay this action until the United States Supreme Court issues its decision in Vik...

Excerpt: ...of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages and $212,756.74...

Excerpt: ...work on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County (the “Haley Action”). By agreement of the parties, both actions were transferred ...

Excerpt: ... successors‐in‐ interest to Glenna Lemons (“Glenna”),1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard filed a demurrer to the...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...