Excerpt: ...graph 10 of the complaint alleges (1) general negligence; (2) an intentional tort; (3) violation of licensing laws; and (4) violations of the Public Records Act (Gov. Code, § 6250 et seq.; the “PRA”). It appears that the first three causes of action are alleged against Beraud and the fourth cause of action against Austin. (Cmp., ¶ 2.) The complaint alleges that Beraud, the responsible dietician, met with Plaintiff on October 12, 2018, follo...

Excerpt: ...nd (4) misappropriation of trade secrets. Plaintiff is a pest control business, and Mr. Hatfield is a former employee of Plaintiff. (FAC, ¶¶ 9, 10.) Plaintiff alleges Mr. Hatfield was terminated from employment on or about September 4, 2019. (FAC, ¶ 11.) Plaintiff alleges all three Defendants then “undertook an aggressive campaign to disrupt and interfere with Plaintiff's contractual relationships with its customers throughout San Luis Obisp...

Excerpt: ...d against the State of California (the “State”), amongst other Defendants. The State moves here to strike lines 8‐11 of paragraph 18 of the complaint, and lines 19‐21 of paragraph 19 of the complaint, on the grounds that the factual allegations in those portions of the complaint are not fairly reflected in, or are in variance with, the government claims submitted by Plaintiffs. The Court grants the State's Request for Judicial Notice and ...

Excerpt: ...filed on October 30, 2019, added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had 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 loa...

Excerpt: ...served their first set of written and special interrogatories (the “Discovery”) on Plaintiff. Plaintiff served initial responses to the Discovery on May 13, 2019, and amended responses on July 31, 2019. In September, Defendants' counsel sent further meet and confer correspondence regarding the amended responses, and the parties agreed to an extension of Defendants' deadline to file a motion to compel. The parties met and conferred but could n...

Excerpt: ...DG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC, with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, a...

Excerpt: ...r competition; (4) intentional 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,...

Excerpt: ...obate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”).1 According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A, B, and C; and Harris is ...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...ly, “Plaintiffs”)1 filed this action against Alex Geiger (the dogs' owner, “Geiger”), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments.2 According to Plaintiffs, Geiger was a K‐9 Officer with the City of Exeter and the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to ...

Excerpt: ...efore 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 am...

Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...

Excerpt: .... Sandra1 is John's sister and JoAnn's daughter. She and her daughter, Madelyn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ ...

Excerpt: ..., Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group3 that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil ...

Excerpt: ...ibben (“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 that Respondent breached her fiduciary duties by f...

Excerpt: ...pril 26, 2019, Plaintiff filed proofs of substituted service of the summons and complaint, one for each Defendant, indicating the documents and a Notice of Assignment and Case Management Conference were left at “500 Linn Rd., Paso Robles, CA 93446.” The proofs of service indicate that the documents were also mailed to this address on April 15, 2019. On June 3, 2019, defaults were entered against both Defendants. Mr. Sharp alleges he travels 3...

Excerpt: ... by a car fire which spread to Plaintiff's property on June 27, 2017. Plaintiff also alleges damages arising from the County's subsequent code enforcement when, after the fire, Plaintiff moved to a lot which he owns in Cambria, California. On November 5, 2019, the Court sustained Cal‐Fire's demurrer without leave to amend on the ground that Plaintiff failed to comply with the Government Claims Act. Cal‐Fire mailed out a Notice of Ruling two d...

Excerpt: ... on December 18, 2015, which sets forth causes of action against Defendants for breach of restrictive covenant and/or equitable servitude and declaratory relief.1 Plaintiffs also seek injunctive relief. The dispute concerns the construction of Defendants' home within the development known as Stoneridge II. Specifically, Plaintiffs allege the height of Defendants' home violates the Design Guidelines adopted for the development. On February 4, 2016...

Excerpt: ...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 insured (i.e., C.R.) directly to Plaintiff. (Compl., Ex. A.) Plaintiff alleges that C.R. executed the Assignment prior to receiving any medical services or pr...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...; (3) fraudulent inducement – concealment; and (4) fraudulent inducement – intentional misrepresentation. This lawsuit arises out of Plaintiff's purchase of a new 2013 BMW X5 vehicle that was equipped with a faulty Takata airbag. Now before the Court is Defendants' motion for summary judgment or, in the alternative, summary adjudication. Legal Standard. “The purpose of a summary judgment proceeding is to permit a party to show that material...

Excerpt: ...ia, under the custody of the California Department of Corrections and Rehabilitation (the “CDCR”). Plaintiff alleges that on January 13, 2016, he was diagnosed with degenerative spondylosis by a Dr. Gallagher. (FAC, First Cause of Action, p. 1, ¶ 1.) A second doctor, Dr. Voegele, allegedly gave Plaintiff a lifting restriction of 19 pounds. (Ibid.) Plaintiff alleges that thereafter prison personnel gave him a job assignment that he was medica...

Excerpt: ...cKibben (“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 that Respondent breached her fiduciary duties by...

Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...

Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...

Excerpt: ...ts 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 re...

Excerpt: ...Further Responses to Request for Production of Documents, Set One, against Plaintiff, and a Motion to Compel Production of Records from City of Paso Robles pursuant to Evidence Code section 1043, against the City of Paso Robles (the “City”.) The Motion to Compel Further Responses to Request for Production of Documents is no longer at issue. Plaintiff filed a notice of non‐opposition, stating that he has complied with Defendants' request to ...

Excerpt: ..., and (6) restitution. Now before the Court is Defendant's motion for discovery orders “compelling responses to form interrogatories without objection,” “deeming admitted the facts requested admitted in Defendant's requests for admissions of fact and genuineness of documents,” and “for a terminating sanction and/or financial sanctions against Plaintiff and/or Plaintiff's counsel...in an amount of $4,169.35.” Defendant filed the instan...

Excerpt: ...t to enter Heritage Ranch and injunctive relief barring Willis from further trespass. Willis' default was entered on December 3, 2019. Currently on calendar, is Plaintiff's request for a preliminary injunction. There is no proof of service showing the motion was served on Willis. However, as a party in default, he is not entitled to service of notice or other papers, except for amendments to pleadings and amended pleadings. (Code Civ. Proc., § 1...

Excerpt: ...roup, Inc. (Paramount); Natural Healing Center, LLC (NHC); DMM Capital Group, LLC (DMM Capital); Prime Capital Venture, LLC (Prime); Action Investment Group, Inc. (Action), David Separzadeh1 , and Coker Ellsworth Development, LLC (Ellsworth), and alleges causes of action for: (1) anticipatory breach of contract; (2) breach of contract (implied covenant of quiet enjoyment); (3) breach of contract (implied covenant of quiet enjoyment); (4) breach o...

Excerpt: ...ded to deposit the checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 The complaint alleges damages of $897,419.69 for checks covering a three‐year period ranging from September 2016 through June 2019. (Cmp., ¶ 13, Exs. 1‐3.) The complaint asserts two causes of action against Chase (1) violation of various Commercial Code sections and (2) money had and received. ...

Excerpt: ... Kelly and David Ammons (“Moving Parties”) requesting their personal appearance and production of documents at trial. At the time, trial was set for December 10, 2019. The trial date has since been moved and new subpoenas issued on December 12, 2019 (the “Subpoenas”). Because the issues remain the same, the parties have agreed to have this motion address the latter subpoenas. The Moving Parties are lawyers with the firm LTL Attorneys LLP ...

Excerpt: ... its answer on July 26, 2018. Oetiker moves here for leave to file an amended answer to assert two new affirmative defenses for failure to comply with the Right to Repair Act (Civil Code sections 895, et seq., 945.5) and statute of limitations (Civil Code section 941). Oetiker timely served the motion on counsel for Plaintiff but no opposition was filed. Oetiker argues that after answering Plaintiff's complaint, the parties commenced discovery. D...

Excerpt: ...e 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 “NonProduced Documents”). Both categories had been listed on the District's privilege log, and had not yet been produced to The Tribune. The Court ultimately determined that both categories were nonresponsive to The Tribune's PRA requests, and need not be produ...

Excerpt: ...idewalk that he was walking on ended abruptly and for no apparent reason. (Ibid.) Plaintiff's complaint alleges once cause of action for premises liability. Within that cause of action, Plaintiff alleges three counts against the City and the Does: Count One‐ Negligence (Complaint, p. 4, ¶ Prem.L‐2), Count Two‐Willful Failure to Warn (Id., ¶ Prem.L‐3) and Count Three‐Dangerous Condition of Public Property (Id., ¶ Prem.L‐4.) The City...

Excerpt: ... summary judgment, or in the alternative summary adjudication. Behjati opposes the motion. As the moving party, Wells Fargo has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Wells Fargo makes its prima facie showing, then the burden shifts to Beh...

Excerpt: ...rust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher; 2130 Morro Bay, LLC; and Belsher Law, PC. The FAC asserts causes of action for (1) breach of promissory note; (2) breach of personal guaranty; (3) fraudulent conveyance; (4) conversion; (5) declaratory relief – Las Tablas Villas; (6) violation of Corporations Code section 177404‐10 ...

Excerpt: ...2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. A year and a half later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). The dispute concerns Hansen's lease of commercial restaurant spa...

Excerpt: ...wam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $3,983.86. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice (“RJN”) is granted; the Court shall take judicial notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that the Judgment, the contra...

Excerpt: ...Roe 1. On January 4, 2019, DC Design & Construction filed a cross‐complaint against Chronomite for apportionment of fault and indemnification. On June 26, 2019, the parties held a trial setting conference and set a trial readiness conference for November 13, 2019 and a trial date of November 18, 2019. On July 12, 2019, Chronomite filed another amendment substituting Centervest Capital, LLC (“Centervest”) and Besher Holdings, LLC (“Besher�...

Excerpt: ... Los Ranchos Del Mar (LRDM). The underlying dispute involves LRDM's and the City's efforts to annex approximately 154 acres of undeveloped real property (the Property), owned by LRDM, into the City. In 2004, the City and LRDM entered into a “Pre‐Annexation and Development Agreement No. 2004‐01” (the Development Agreement). In 2005, pursuant to the Development Agreement, the City and LRDM applied to LAFCO for annexation of the Property. Th...

Excerpt: ... Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before this Court. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitration Program, requesting a non‐ binding arbitration (the A...

Excerpt: ...Kemp (“Defendant”), California Department of Transportation dba CalTrans and the State of California, arising out of an automobile collision occurring on US Highway 101 northbound near SR‐41 in the City of Atascadero. Plaintiffs' First Amended Complaint for Damages (“FAC”) alleges one cause of action for negligence against Kemp. Defendant has now brought two motions: 1) Defendant's Motion for Protective Order/Motion to Compel Plaintiff ...

Excerpt: ...ontract” (the “Contract”), under which Plaintiff retained ownership of Winslow, as well as breeding rights until Winslow was six years old. 1 At that time, Plaintiff was to transfer full ownership to Defendant. 2 The Contract, and a subsequent March 2019 amendment, 3 set forth conditions for Winslow's care and required that Defendant return Winslow if any of the conditions could not be met. The Contract also gave Plaintiff the right to resc...

Excerpt: ... injunctive relief and constructive trust (the “Complaint”). Plaintiffs' first cause of action is alleged against all Defendants; the other four causes of action do not name specific defendants, but apparently are directed against all defendants. Roberta Chavez (“Chavez”) now demurs to the Complaint pursuant to Code of Civil Procedure section 430.10(e) on the grounds that none of the causes of action in the Complaint state facts sufficien...

Excerpt: ...which relates to a pet store operator's ability to sell live animals. Health and Safety Code section 122354.5 (Section 122354.5) codifies AB 485, and went into effect January 1, 2019. (4 Witkin, Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to a...

Excerpt: ... the Labor code, Fair Employment and Housing Act (“FEHA”), and Business and Professions Code. Plaintiff's SAC alleges that he worked as a security guard for Inter‐Con on properties owned and operated by defendant Cal‐Trans from approximately July 2012 through his termination on or about September 2015. (SAC, ¶ 13.) On or about November 6, 2013, Plaintiff emailed his immediate supervisor, Phillips regarding Bryan Duvall1 , who Plaintiff p...

Excerpt: ...y”). Cambria was Plaintiff's broker, and Koontz, also a broker, worked for Cambria. (Singh Decl., Ex. 2.)1 Plaintiff states that she was looking for a piece of large property on which she could build a home for herself and her fiancé (now husband), a separate home for her parents, and other parcels that they could subdivide and sell to finance the purchase and building costs. (Singh Decl., ¶ 9.) Plaintiff states that neither she nor her husba...

Excerpt: ... degree burns on her torso and left arm and minor burns to her hands. On January 8, 2018, Mrs. Clarke and her husband, Robert Clarke (collectively, the “Clarkes”), filed this personal injury and fraud action against Unilever, United States, Inc. (“Unilever”) and Thrifty Payless, Inc. dba Rite Aid, Inc. On April 17, 2019, Unilever propounded Requests for Admissions (“RFAs”) on Mrs. Clarke. Mrs. Clarke responded on May 22, 2019. Unileve...

Excerpt: ...ts sufficient to constitute a cause of action and for uncertainty. (Code Civ. Proc., §§ 430.10(e), (f).) The complaint alleges that unidentified individuals hacked the email account of Plaintiffs' real estate agent, causing Plaintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA alleges that the causes of action against it f...