Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...

Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...

Excerpt: ...resentation; 5) conversion; 6) voluntary waste; 7) private nuisance; 8) intentional infliction of emotional distress; 9) intentional misrepresentation, fraud and deceit outside of the contract; and 10) exemplary and punitive damages. This action arises out of Defendant's tenancy with Plaintiff. Defendant now demurs to the FAC as a whole, and separately to each cause of action, and moves to strike the request for punitive damages. Defendant faile...

Excerpt: ...eges was provided through the County's Social Services Agency. Plaintiff alleges that in 1992, Defendants placed Plaintiff in the foster home of non -party Carol Wong, in Cambria. (FAC, ¶ 23.) Plaintiff alleges that from approximately 1992 to 1994, when Plaintiff was five to six years old, she was sexually abused and assaulted by “Plaintiff's foster mother's boyfriend,” known as “Enrique,” identified in the FAC as “Perpetrator 1,” ...

Excerpt: ...Mid -State Fair Heritage Foundation, Inc. (the Foundation). Plaintiff's lawsuit alleges that on July 23, 2022, she was in line at the Paso Robles Event Center (PREC) to enter the California Mid -State Fair (the Fair) along a narrow, unpaved, uneven, and dangerous embankment. Plaintiff alleges she was injured when she lost her footing and careened down a slippery steep gravel embankment and slammed into a fence. Now before the Court are three moti...

Excerpt: ...ctice; and 8) exemplary and punitive damages. Defendant demurred to the complaint. The Court overruled the demurrer on the grounds that it failed to include any analysis or authority, and without making any comment on the substance of Defendant's contentions or defenses. I. Demurrer On August 7, 2023, Plaintiff filed a first amended complaint (FAC). Defendant now demurs to the FAC. Defendant filed a declaration concurrently with his demurrer, ...

Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...

Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...

Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...

Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...

Excerpt: ...ds duties to disclose under multiple theories. (Warner Constr. Corp v. City of Los Angeles (1970) 2 Cal.3d 285. 294; Jones v. ConocoPhillips Co. (2011) 198 Cal.App.4th 1187.) Defendant argues that the corporation's role and intent must be pled "with specificity," but the fraud, being concealed, i s far better known to defendant than to plaintiffs. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.Ap...

Excerpt: ...Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defendant attempted to fix this issue by filing ...

Excerpt: ...nd Cameron Bonner ("individual defendants") in 2023 after they allegedly created defendants Athena Paytech LLC and Pluto Hub, LLC, in violation of their employment agreements. After SpotOn sued, ind ividual defendants cross-complained for violations of the Labor Code and other statutes. SpotOn now moves to compel arbitration of the cross- complaint based on the mandatory arbitration provision within individual defendants' employment a...

Excerpt: ...aint (FAC) on May 29, 2020, and now moves for leave to file a Second Amended Complaint (SAC) to correct alleged factual errors in the FAC. Defendants oppose the motion. I. Legal Standard The Court may allow the amendment of any pleading at any time in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The Court's discretion is to be exercised liberally to permit amendment of pleading...

Excerpt: ...ch 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. On July 28, 2023, the Court granted preliminary approval of the parties' Settlement Agreement. The Court preliminarily certified the class of “all non -exempt employees who are or previously were employed by Defendants and performed work in California during the period from September 16, 2017 to October 17, 2022.” The clas...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ... Defendants) seek to quash a subpoena issued by Plaintiffs to Ogden & Fricks, to the extent it involves records subject to the attorney client privilege. Kurkeyerian opposes the motion. Kurkeyerian notes that Defendants did not attempt to meet and confer before filing this motion. Although Defendants' motion fails to cite the statutory authority relied on for the relief sought, the Court assumes it is brought pursuant to Code of Civil Procedure ...

Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...

Excerpt: ...Defendant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurred, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the ...

Excerpt: ..., estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased...

Excerpt: ...ices of Defendants to perform medical treatment and services for Plaintiff. On said date, Defendants undertook to handle and control the medical care and treatment of Plaintiff. 14. Defendants failed to use the level of skill, knowledge, and care in the diagnosis and treatment of Plaintiff that other reasonably careful medical practitioners and/or specialists of the same type would use in the same or similar circumstances. Defendants made unreaso...

Excerpt: ..., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Defendants' motion to strike Plaintiff's experts, Steven Hamilton, Ph.D.; Murray A. Solomon, M.D.; and Jeff Bruno; or, in the alternative, to limit the experts' testimony to...

Excerpt: ...endant seeks to set aside the judgment. The court GRANTS both motions. Plaintiff's Motion to Set Aside Dismissal “That a court of general jurisdiction has the power to correct clerical error in its judgment so that the judgment will conform to and speak the truth, regardless of the lapse of time and whether made by the clerk, counsel or the court itself, is a principle so established as to be beyond argument.” (Bowden v. Green (1982) 128 Cal....

Excerpt: ...x causes of action for 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This action is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV -0429 as the lead action. Now on calendar is Manji's motion for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FA...

Excerpt: ... including disputing Nielsen's alleged title to the Property. Hobe argued that Nielsen had unduly influenced and wrongfully induced Hobe's mother (Jacqueline Hobe)1 to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter w...