Excerpt: ... subdivision (c)(1), “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” This provision “authorizes the court to make an award of reasonable attorney fees to a prevailing defendant, which will adequately compensate the defendant for the expense of responding to a baseless lawsuit.” (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1423 [citation omitted].) A prevailing ...

Excerpt: ...d as a defendant in the first and second causes of action. Cannon demurs to (1) the first cause of action for negligence on the ground that it fails to state facts sufficient to constitute a negligence claim; (2) the second cause of action for strict product liability on the ground that a strict liability claim may not be stated against a professional; and (3) the entirety of the SAC on the ground it is uncertain. (Code Civ. Proc., § 430.10, sub...

Excerpt: ...February 10, 2021, the Hutkin Firm filed a motion to be relieved as counsel, which was granted on April 1, 2021. The order relieving the Hutkin Firm was entered on April 26, 2021, and notice of entry of the order was served on counsel for Plaintiff as well as two representatives of Raylyn Farms on May 4, 2021. Following the Court's ruling relieving the Hutkin Firm, Morgan J. Good (“Good”), counsel for Plaintiff, had multiple communications wi...

Excerpt: ...�82‐300, which phases out and eliminates off‐ highway vehicle (“OHV”) use at the Oceano Dunes State Vehicle Recreation Area (“ODSVRA”) managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. (“Friends”), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, “EcoLogic”). All four of the petitions seek...

Excerpt: ...er objection in response and also filed a creditor's claim.1 Second Petition for Probate: On December 8, 2020, Ike Iqbal, trustee of Decedent's trust (Trustee), filed a competing petition for appointment as the personal representative of Decedent's estate. The petition reports the probate estate has no assets (presumably, they are all held by Decedent's trust) and that the sole beneficiary of Decedent's trust is his sister, Maninder Kuar. In supp...

Excerpt: ...n 17200, et seq. (the UCL), and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin July 18, 2022. Now before the Court is Defendants' m...

Excerpt: ...August 3, 2020. Trial was continued to April 5, 2021, due to the coronavirus pandemic. Trial was then rescheduled to November 1, 2021, before being continued again at Plaintiff's counsel's request to the current trial date of April 18, 2022. Now before the Court is Defendants' motion for leave to perform a second defense medical examination. Defendants outline the following timeline of events: ‐ Plaintiff sat for her first deposition in July 20...

Excerpt: ...yet been issued. The complaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 The hearings on these matters were originally scheduled on December 14, 2022, b...

Excerpt: ...no Real in Atascadero (the “Site”). Currently on calendar is the City's demurrer and motion to strike. For the reasons set forth below, the Court overrules the demurrer to the first four causes of action and sustains the demurrer without leave to amend to the fifth cause of action. The hearing on the motion to strike will be continued to May 10, 2022. The FAP sets forth the following allegations. The First Proposed Project: The Project as ori...

Excerpt: ...omplaint (FAC) alleges one cause of action for breach of contract against TFHI, and one cause of action for breach of contract against Mondo. Plaintiffs allege that, beginning in early 2019, TFHI began looking for a $600,000 cash infusion, and “settled on receiving loans from private lenders identified by its agents; loans which would be secured by adequate collateral.” (FAC, ¶ 8.) Plaintiffs allege that, at the time, TFHI lacked adequate co...

Excerpt: ...d 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. On September 13, 2021, this Court (Hon. Linda D. Hurst, presiding) issued a ruling on Defendants' motion to compel the depositions of Plaintiffs' exp...

Excerpt: ... is joined in that objection by his wife, Sharon Kimball (Kimball).2 The objections report that Respondent executed new estate planning documents in 2017, nominating Kimball as his attorney‐in‐ fact for management of property and personal affairs, agent for healthcare decisions, and proposed conservator if needed. Respondent submitted copies of the relevant documents with the Court when he filed his objection on July 15, 2021. Based on allega...

Excerpt: ...ation reporting they had reached a settlement agreement and asking the Court to retain jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”).1 The stipulation also requested that the Court set a date after December 1, 2021, for dismissal. The Court set December 8, 2021, as the dismissal date. On November 29, 2021, the Court served counsel for the parties a Notice of Hearing and Zoom Information setting an Order to Show Ca...

Excerpt: ...iff signed via DocuSign that same day. Plaintiff does not dispute that she signed the agreement. She has submitted a non‐opposition and agrees to arbitrate the dispute. In addition to the motion to compel arbitration, Defendant has filed a motion for sanctions for violation of Code of Civil Procedure sections 128.5 and 128.7.1 Under section 128.5(a), “[a] trial court may order a party, the party's attorney, or both to pay the reasonable expen...

Excerpt: ...ed subrogation action, Case No. 20CVP‐0076, California Joint Powers Insurance Authority v. Estate of James Eickholdt. The California Joint Powers Insurance Authority (the “Insurance Authority”) alleges that it has paid and continues to pay workers compensation to and on behalf of Officer Torres. Officer Torres alleges that Eickholdt owned a Rottweiler mix dog named Thor and a German shepherd mix dog named Loki (the “Aggressor Dogs”), wh...

Excerpt: ...on to EHHOA (Set Two) (the “RFPs”). The motion, as to the Interrogatories, is brought pursuant to Code of Civil Procedure § 2030.090, on the grounds that the number and nature of the interrogatories present EHHOA with unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. EHHOA seeks a protective order that orders one or more of the grounds enumerated in Code of Civil Procedure § 2030.090, subdivision (b)(1) – (...

Excerpt: ...s: a probate action, a lawsuit based on DiLeonardo's creditor's claim against the Estate, and this partition action filed by Baker. The parties reached a settlement. DiLeonardo now contends that Baker has breached and backed out of the settlement agreement and seeks an order from the Court enforcing the settlement. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before ...

Excerpt: ...tions, joined in this action to allege that 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 wi...

Excerpt: ... affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is Discover's motion for summary judgment or, in the alternative, summary adjudication. The motion addresses the first two causes of action for open book account and account stated. The motion and supporting papers were served on Montero; no opposition has been filed. As an initial matter, the Court grants Discover Bank's request for judici...

Excerpt: ... causes of action, including various Labor Code violations on behalf of Plaintiff and similarly situated current and former employees. On her own behalf, Plaintiff alleged causes of action for wrongful termination, intentional infliction of emotional distress, and retaliation, among other things. The complaint also included a cause of action under the Private Attorneys General Act (PAGA). On November 17, 2020, the Court stayed the class and PAGA ...

Excerpt: ..., 2022. Now before the Court is Defendants' motion to compel Plaintiff to proceed with oral examination at deposition and request for sanctions in the amount of $4,050. The Court has reviewed the moving, opposing, and reply papers and rules as follows: Per the parties' agreement and Defendants' deposition notice, Plaintiff appeared for her deposition on August 11, 2021, via Zoom. At the conclusion of the deposition, all parties agreed they could ...

Excerpt: ...emotional distress. Luke Lourenco (“Luke”)1 is the sole plaintiff alleging the first two causes of action against Defendant. The third cause of action is alleged against Defendant by Plaintiffs Lilly Lourenco, Holly Lourenco, and Joshua Lourenco. Luke is the son of Holly Lourenco and Joshua Lourenco, and brother of Lilly Lourenco (FAC, ¶ 1.) The FAC alleges that on or about December 30, 2019, Plaintiffs were camping in the City of Pismo Beac...

Excerpt: ...or (1) breach of contract and (2) breach of implied covenant of good faith and fair dealing. Plaintiff alleges the late Mr. Humphreys breached a partnership agreement relating to an American Quarter Horse stallion named “That CD Rocks” (the Stallion). Plaintiff alleges Ms. Owens is now in possession of the Stallion. Plaintiff now moves to compel the depositions of Miles Humphreys and Ms. Owens. As to Defendant Miles Humphreys, defense counsel...

Excerpt: ...om a fatal car accident that occurred on November 10, 2018, in an unincorporated area of San Luis Obispo County. Defendant Ricker was driving one of the vehicles involved in the accident. Now before the Court are six motions to compel filed by Ricker, all of which were properly served and are unopposed: (1) Motion to compel Ronald Parke's responses to special interrogatories (set one) without objection and for sanctions in the amount of $1,260; (...

Excerpt: ...n's wife, individually and as successor‐ in‐interest of the Estate of Hailey Hartman, and as Guardian ad Litem to Brandon Ronson Hartman (“Plaintiffs”) filed a first amended complaint for wrongful death and survivor action, against French Hospital and Dr. Porterfield (the “FAC”). On December 8, 2021, Plaintiffs dismissed French Hospital from the action. Dr. Porterfield now moves for summary judgment, pursuant to Code of Civil Procedur...