Excerpt: ...al infliction of emotional distress, quiet title, reconveyance, violations of the California Homeowner Bill of Rights, violations of Business and Professions Code section 17200 and declaratory relief, against Ditech, Affinia Default Services, and by way of Roe amendment, Federal National Mortgage Association (“Fannie Mae”). Motions to Compel Further Responses from Fannie Mae On August 9, 2019, McTeer served Fannie Mae with her first set of re...

Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...

Excerpt: ...ition to damages caused by the fire, Plaintiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. Plaintiff filed a first amended complaint (“FAC”) on August 26, 2019, which set forth seven causes of action. Both Cal‐Fire and the County filed demurrers to...

Excerpt: ...ff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligence, overruled the demurrer with respect to the second and thir...

Excerpt: ...promised of $7,688.50 for his work as the general contractor, and $11,000 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6 ‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., couns...

Excerpt: ...Beene assigned or subrogated his claims and demands against any person to State Farm. (Complaint, ¶ 5.) State Farm alleges that Storer caused collision damage to Beene's vehicle while it was lawfully parked on public streets in San Luis Obispo, California. (Id., ¶¶ 10, 11.) Century‐National Insurance Company (“Century”) now moves for leave to intervene in the action pursuant to Code of Civil Procedure section 387, on the ground that Cent...

Excerpt: ...o state a cause of action and is uncertain. Plaintiff opposes the demurrer. The parties met and conferred prior to Defendant filing this demurrer. (See Declaration of Barbara S. Kilroy, filed December 6, 2019.) Plaintiff's second cause of action for breach of contract alleges that Defendant is a health care provider, that he established a physician‐patient relationship by undertaking employment to diagnose Plaintiff's medical condition and to p...

Excerpt: ...son, Keith McKibben (“Petitioner”), 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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges Respondent breached her fiduciary du...

Excerpt: ..., against Mr. Tucker and Halcyon; (3) premises liability, against Halcyon; and (4) dangerous condition of public property, against the City. On January 21, 2019, the City filed a cross‐complaint against Halcyon and Mr. Tucker1 . The City's cross‐complaint alleges causes of action for equitable indemnity and declaratory relief against Halcyon. This lawsuit stems from a motor vehicle accident between Plaintiff, driving his Harley Davidson motor...

Excerpt: ...nt Jones and Plaintiff, resulting in Plaintiff's lifelong severe and debilitating injuries. Plaintiff and Jones have reached a settlement, and Jones moves for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and Jones have agreed to settle Plaintiff's claims against him for his $1.5 million Farmers Insurance policy limits in exchange for Plaintiff's covenant not to execute ag...

Excerpt: ...d and wife. Plaintiff alleges CWS became delinquent on its account with Plaintiff and owes an outstanding balance of $43,502.91. On March 21, 2018, Mr. D'Amico, represented by counsel, filed an answer to the complaint. (D'Amico Decl., ¶ 3.) On June 5, 2018, Mr. D'Amico's former counsel withdrew from representation and Mr. D'Amico was in pro per. (Id. at ¶ 4.) Mr. D'Amico remained in pro per until December 27, 2019 when new counsel substituted i...

Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...

Excerpt: ...rvices and goods rendered, (3) unjust enrichment, and (4) promissory estoppel. Plaintiff's complaint alleges that a patient identified as C.R. had a total hip replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its...

Excerpt: ...nly lists one cause of action for “intentional tort.” Plaintiff seeks compensatory damages and punitive damages in the amount of $4,000. (Compl., ¶ 14.) Plaintiff's complaint centers around his Sony boombox, which he alleges was confiscated by Defendants. (Compl., p. 4, ¶ 2.) Plaintiff's intentional tort cause of action pleads “intentional infliction of emotional stress [sic] with malice to cause prisoner harm pursuant to C.C.R. title 15,...

Excerpt: ...before an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already a...

Excerpt: ...ber 6, 2019, Epifanio filed a cross‐complaint against Plaintiff asserting causes of action for (1) interference with easement, (2) prescriptive easement, and (3) negligence. Plaintiff and Epifanio are neighbors with dueling easement claims. Plaintiff owns property located at 800 Ralcoa Way in Arroyo Grande (the Garl Property). (Cromp., ¶ 2.) Plaintiff alleges he conducts a tree service and firewood business on his Property. (Ibid.) Epifanio ow...

Excerpt: ... replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Trust has been subject to ongoing litigation (case number PR13‐0085).2 Mr. Barbich is currently the sole trustee pursuant to a court judgment dated November 25, 2015.3 On December 12, 20...

Excerpt: ...se Inc. (Custom House) (collectively Cross‐Defendants), alleging causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. This lawsuit relates to commercial property known as Alex's BBQ (the Property), located at 853 Shell Beach Road in Pismo Beach. Plaintiff is alleged to be the owner of the Property. (Compl., ¶ 1.) Plaintiff alleges that it obtained a Coastal Development Permit to tea...

Excerpt: ...trustee's sale. Defendant demurred to Plaintiff's complaint on the grounds that it is barred by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. The Court sustained Defendant's demurrer on the ground that the complaint stated no present controversy because the issues had already been adjudicated and were barred by res judicata,...

Excerpt: ...le accident that occurred on May 30, 2018 on Nacimiento Lake Drive, south of Steelhead Road. (Compl., ¶ 11.) Plaintiff alleges that Ms. Venardos drove Mr. Ortiz's GMC Sierra truck at approximately 55 mph. (Compl., ¶ 12.) Plaintiff alleges Ms. Venardos negligently and recklessly failed to navigate a corner, lost control fo the vehicle, and struck Plaintiff head‐on, causing Plaintiff's vehicle to sustain major damages. (Compl., ¶ 13.) Plaintif...

Excerpt: ...ntiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligence, overruled the demurrer with respect to the second and t...

Excerpt: ...one cause of action for fraud on the court (the “Complaint”). After Plaintiff filed a motion resulting in the setting aside of the previous dismissal of the case, Defendants were served with the summons and complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti‐SLAPP), as well as two motions for sanctions pursuant...

Excerpt: ...ieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement) that Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. Plaintiff then filed a first amended complaint (FAC), alleging five causes of action under the Privat...

Excerpt: ...r); (2) breach of mandatory duty (Gov. Code, §§ 815.6, 820) (against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complai...

Excerpt: ...nment harassment in violation of FEHA, against Defendants; (3) sex. gender discrimination in violation of FEHA, against Libertine; (4) failure to prevent discrimination and/or harassment in violation of FEHA, against Libertine; (5) constructive termination in violation of public policy, against Libertine; and (6) sexual battery, against Newton. Willig's complaint alleges that she worked for Libertine in San Luis Obispo, and that Newton is co‐ow...

Excerpt: ...intiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff has filed ...

Excerpt: ...tentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, (6) civil conspiracy, (7) breach of contract (against the Hive, only), and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleg...

Excerpt: ... of $300,000, memorialized in a Stipulation of Settlement. (Lidman Decl., Exh. 1 (the “Settlement Agreement”).) After deducting administration costs, Plaintiff's $5,000 service award, attorneys' fees and costs, and payment of Private Attorney General Act (“PAGA”) penalties, the remaining net settlement amount of approximately $147,545 will be distributed to all settlement class members who do not opt‐out of the settlement. (Lidman Decl....

Excerpt: ...ollision in which Plaintiff suffered severe and debilitating injuries. The facts surrounding Plaintiff's lawsuit are largely undisputed. On March 17, 2017, Defendant Jones was driving from his home to his job1 at California Polytechnic University, San Luis Obispo (Cal Poly). (UMF 3.) Jones drove his car eastbound on Foothill Boulevard in San Luis Obispo when he drove into a left pocket lane to turn onto Mustang Drive. (Compl., ¶ 9.) However, ins...

Excerpt: ...of $7,688.50 for his work as the general contractor, and $11,000.00 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., counsel for ...

Excerpt: ... of $800 on the 15th of each month, with the first payment due on April 15, 2014. The Note was to be secured by, among other things, a prior installment note recorded on January 31, 2008 (the Installment Note). The Installment Note provided funds ($50,000.00) for the construction of a home on real property located at 850 Taft Street in Pismo Beach, California. The Installment Note was itself secured by a deed of trust recorded against Defendant's...

Excerpt: ...tively set for June 22, 2020, prior to the five‐year deadline for bringing an action to trial. (Code Civ. Proc., § 583.310.)2 Cipriano Ponce (“Ponce”) was employed by Agro‐Jal until September 2014. The parties dispute whether he was misclassified as an exempt employee. Carlos Farias (“Farias”) was employed by Paloma from May 2008 to January 2010, and again from April 2010 to April 2012. Ponce was Farias' supervisor during those times...

Excerpt: ...ctober 30, 2019, added a cause of action for fraud. Prior to that on January 22, 2019, IVDC 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 arises out of three loans funded by S...

Excerpt: ...11, 2019, and reached a full and complete agreement. The parties signed a Settlement Agreement and Release (Agreement), wherein Defendants agreed to pay Plaintiffs $41,8500. (Belaga Decl., Ex. A, ¶ 2.) The Agreement includes the following paragraph: The parties shall execute a copy of this Agreement, which shall be binding and enforceable according to its terms, subject to approval by the Board of Supervisors of the County of San Luis Obispo (�...

Excerpt: ...sed the subject vehicle, a 2013 Dodge Durango (the “Durango”), and that during the warranty period, the Durango developed defects related to its engine. On March 4, 2019, Plaintiffs served Requests for Production of Documents, Set One (the “RFPs”) on FCA US LLC (“FCA”). Plaintiffs requested that FCA produce documents concerning FCA's internal investigation and analysis of the alleged engine defect (RFP Nos. 1, 10, 17, 19‐24, 63) and...

Excerpt: ... Pursuant to Motions Heard on February 28, 2019 (the May Ruling). The May Ruling required the District to submit two categories of documents for the Court's in‐camera review: (1) e‐mails between the District's employees, and (2) various miscellaneous items (collectively, the Non‐Produced Documents). Both categories were listed on the District's privilege log, and were not produced to The Tribune. The Court ultimately determined that both ca...

Excerpt: ...n (Objector) is a trust beneficiary and filed an objection to the petition. On May 24, 2019, Petitioner served interrogatories (Ex. A), form interrogatories (Ex. B), requests for admission (Ex. C), and requests for production of documents (Ex. D), on Objector. Now before the Court is Petitioner's motion for an order compelling Objector to respond to the interrogatories, form interrogatories, requests for admission (RFAs), and requests for product...

Excerpt: ...laint [FAC], ¶¶ 5, 7.) Plaintiff's FAC includes causes of action for (1) penalties under the Private Attorneys General Act (PAGA); (2) meal period violations; (3) rest period violations; (4) wage and hour violations; (5) wage statement penalty; (6) waiting time penalty; and (6) unfair competition. On November 30, 2017, Plaintiff signed a Mediation and Arbitration Agreement (the Agreement), wherein she agreed to arbitrate certain disputes arisin...

Excerpt: ...n the lid on the cup she was given at the drive‐through window was not properly secured. The FAC further alleges that after the initial spill occurred, the “extremely hot coffee caused the Plaintiff to flinch, and then the entire cup of coffee spilled on her.” The FAC identifies St. Jude Enterprises, Inc. as the franchisee who owned and operated the restaurant, and the other two defendants as the parent companies (collectively, the “McDon...

Excerpt: ...endant”). Defendant served responses on September 5, 2019. On October 2, 2019, Plaintiff's counsel sent a meet and confer letter to Defendant's counsel regarding Defendant's responses to the discovery. On October 15, 2019, Defendant served supplemental responses; verifications were received by Plaintiff on October 22, 2019. Plaintiff sent another meet and confer letter on November 13, 2019, regarding the supplemental responses to the Form Inter...

Excerpt: ...nty Act (Civ. Code, § 1790 et seq.; the “Act”). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. Plaintiff states that at the tim...

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 – restit...

Excerpt: ...er entered on September 17, 2019, after the filing of an amended proof of service. On September 20, 2019, Plaintiff filed an amendment to the complaint correcting the spelling of Defendant's last name and including her full middle name. The amendment was served by mail, and a second entry of default with Defendant's correct name was entered on October 30, 2019.1 Defendant now seeks to set aside the entry of default pursuant to Code of Civil Proce...

Excerpt: ...iff was sentenced to prison for 26 years‐to‐life after the jury found him guilty of first‐degree murder, first‐degree residential burglary, conspiracy to commit robbery, two counts of first‐degree residential robbery, and found true a firearm enhancement. (Id. at pp. 627, 637.) In 2018, the Legislature passed, and the Governor signed into law, Senate Bill No. 1437 (SB 1437, codified at Penal Code1 section 1170.95) which restricted the c...

Excerpt: ...its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only r...

Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. 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 sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...

Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...

Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...

Excerpt: ...ons Code section 7031, (7) warranty of fitness, and (8) declaratory relief. Plaintiffs' lawsuit concerns a residential and commercial vineyard property in Paso Robles. (FAC, ¶ 18.) Plaintiffs allege they entered into a contract with Woodard wherein Woodard agreed to supply, install, and oversee the installation of ten exterior doors and 25 windows at the property. (FAC, ¶¶ 19, 20.) Plaintiffs allege the doors and windows were negligently and c...

Excerpt: ...sulting in entry of her default on July 10, 2019. On October 23, 2019, Plaintiff and BBC reported that they had reached a conditional settlement. Under the settlement, BBC will pay $4,000 to Plaintiff in exchange for a full release and dismissal of all claims. BBC now seeks a court determination that the settlement was reached in good faith. The motion is unopposed. BBC contends that a non‐settling party has twenty‐five days to contest the mo...