Excerpt: ...kid steer with an auger attachment. (Compl., p. 4.) Plainti
¯ alleges that an employee o Quinn Rental Services was getting the skid steer ready or pickup when he caused a portion to all on Plainti
¯'s head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. On December 12, 2023, this Court granted Plainti
¯'s motion to amend the complaint to add a claim or punitive damages. Plainti
¯'s motion was based o...

Excerpt: ...pley (Decedent) was driving through the intersection of 34th Street and Spring Street in Paso Robles on January 13, 2022, when his vehicle was struck by another car driven by Galvez. The complaint alleges that Galvez failed to yield because his visibility and sightline of oncoming tra
¯ic was blocked or impaired due to improper design, construction, and/or maintenance of the intersection. Currently on calendar is the City's demurrer to the secon...

Excerpt: ...
¯ alleges he received a judgment from a “private administrative proceeding” and seeks to enforce that judgment under the California Sister State Money Judgments Act, Code of Civil Procedure sections 1710.10 through 1710.65 (the Act). (Compl., at pp. 12, 14, 16.) Plainti
¯ alleges that, prior to Þling this lawsuit, he “initiated an action by counter claim in the Adjudicator Court, a Privat[e] Administrative Court of Record and Alternativ...

Excerpt: ...l 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, a
¯irmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (the A...

Excerpt: ...tion for attorney's fees. Defendant does not dispute that Plainti
¯ is the prevailing party and is entitled to fees but rather objects that the requested billing rate is unreasonable, the number of attorney hours is inßated and duplicative, and the result does not justify the amount of fees requested. Plainti
¯ seeks $26,350.00 reßecting 50.3 attorney hours attributed to two attorneys. The hourly attorney billing rates are $500 and $600. (Dec...

Excerpt: ...e owns at 849 PaciÞc Avenue in Cayucos, California (the Property). Defendants now demur to each of the four of the causes of action in the FAC pursuant to Code of Civil Procedure section 430.10, subdivisions (d) [misjoinder of parties], (e) [failure to state a cause of action] and (f) [uncertainty].) Counsel for Defendants declares that she sent a meet and confer letter to Plainti
¯ via email on August 23, 2023. (Declaration of Sue Carrasco, ¶...

Excerpt: ...eendants oppose the motions. Plainti
¯ declares that on September 19, 2022, he served Request or Production o Documents, Set One, and Form Interrogatories (Construction), Set One, on Deendants. It is unclear i single sets directed at all Deendants were served or i separate sets were served. Deendants responded on March 16, 2023, but Plainti
¯ considered the responses non-compliant, and on March 21, 2023, Plainti
¯ sent meet and coner ...

Excerpt: ...y respond, Natali Þled motions to compel responses. The Court granted those motions on May 10, 2023, and ordered Mathis to provide responses without objections by May 31, 2023. Mathis served responses by the deadline. Natali states the responses included objections. Her counsel sent a meet and confer letter on June 29, 2023, regarding the special interrogatories and a separate letter on July 11, 2023, regarding the form interrogatories. Over the...

Excerpt: ...served on the City of San Luis Obispo, Michael Codron, John Mezzapesa and Steve Sheats (collectively the City Defendants). Plainti
¯ concurrently brings a motion to amend or set aside a court order. Both motions arise out of discovery disputes between the parties. On April 6, 2023, Plainti
¯ and the City Defendants participated in a voluntary informal discovery conference before this Court. The conference was initiated by Plainti
¯ following a...

Excerpt: ...l 2019, which included a trust accounting covering the period September 16, 2012 through January 6, 2018.1 Currently on calendar is Petitioner's Motion for Summary Adjudication on the cause of action seeking to invalidate powers of appointment exercised by his and Respondent's mother during her lifetime. The Court denies the motion. I. BACKGROUND The parties agree on the following facts:2 • On September 16, 2012, the parties' parents, Donald Ba...

Excerpt: ...hicle su
¯ered rom deects and no-ncomormities, including transmission deects and inotainment deects, and that Ford ailed to repurchase or replace the Vehicle ater a reasonable number o repair attempts. (Compl., ¶¶ 15-18.) Plainti
¯'s Þrst Þve causes o action are alleged against Ford only. Plainti
¯'s sixth cause o action alleges negligent repair by Santa Maria. (Compl., ¶¶ 72-76.) Deendants now demur to the Þth and sixth ca...

Excerpt: ...d that his room was contaminated with bed bugs resulting in physical and emotional injuries. The complaint sets forth causes of action for (1) Battery; (2) Negligence; (3) Intentional Inßiction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) previously Þled a motion for summary judgment. The thrust of Defendants' motion was that they lacked notice of bed bugs at the Hotel...

Excerpt: ...ng in physical and emotional injuries. The complaint sets orth the ollowing causes o action: (1) Battery; (2) Negligence; (3) Intentional Inßiction o Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Deendants) now move or summary judgment on the ground Plainti
¯ cannot prove causation. Plainti
¯ opposes the motion. This is Deendants' second motion or summary judgment on the issu...

Excerpt: ...Pamela Pierce to Form Interrogatories, Set One, and Request for $4,000 in Monetary Sanctions (3) Plainti
¯'s Motion to Compel Further Responses from Defendants Kedrin Van Steenwyk; KMBG, LLC; and Adelaida Cellars, Inc. to Requests for Production of Documents, Set One, and Request for $4,000 in Monetary Sanctions (4) Plainti
¯'s Motion to Compel Further Responses from Defendants Applied Technologies Associates, Inc.; ATA Ranches, Inc.; Daniel Ca...

Excerpt: ...yard, Inc.; Richard L. Quinn; and David Nichols (“Deendants”) Þled the subject motion to sever Geo
¯rey's and Bonnie's claims on the grounds that the claims do not meet the standard or permissive joinder and to “prevent any party rom being embarrassed, delayed, or put to undue expense.” 1. Joint Ownership or Control o the Inn and Winery Deendants have not shown that the Inn and Winery were owned and controlled by completely separat...

Excerpt: ...misuse o discovery. Plainti
¯ reports that during meet and coner discussions Deendant indicated it would provide urther responses once a protective order was entered. (Declaration o Alexander G.L. Davies (“Davies Decl., ¶ 10.) On July 12, 2023, the Court entered a stipulated protective order (“Protective Order”). As o the date Plainti
¯ Þled the subject motions (August 24, 2023), Deendant had not provided urther responses. The m...

Excerpt: ...ses to the orm interrogatories and to deem the requests or admission as admitted. (Code Civ. Proc., §§ 2030.290, 2033.280.) The motions and notice o hearing were served by mail on Plainti
¯ at his address o record and no opposition was Þled. As to the requests or admission, i a party ails to timely respond the requesting party may move or an order that the genuineness o any documents and the truth o any matters speciÞed in the requ...

Excerpt: ... Theophil (Theophil Dec.), II 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced. 1 (ld. 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 116; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51,54, 56, 57, 74, 75, 82, 84, 85, and 86. Honda oppo...

Excerpt: ... Springer dba Patriot Plumbing and Drain Cleaning (Patriot) and Tracy Ann Fairchild; Patriot has instituted its own cross-action against Defendants. As against the Defendants, Plainti
¯s assert causes of action for (1) violation of the Mobilehome Residency Law (MRL); (2) negligence; (3) negligence per se; (4) breach of contract—written agreement; (5) breach of contract—oral promise; (6) breach of implied covenant—quiet enjoyment; (7) breac...

Excerpt: ...treet and Specialty entered into a contract in April 2015 (the Prime Contract). In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Trial is set to begin on April 3, 2024. Under t...

Excerpt: ...obate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli Þled a counterpetition against Siegenthaler alleging Þnancial abuse and fraud. The counterpetition alleged Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. Andreoli supplemented her counterpetition in June 2022, alleging additional wrongful takings by Siegenthaler. On June 24, 2022, Andreo...

Excerpt: ...housed (“ASH”). 1. DEMURRER LEGAL STANDARD A demurrer tests the legal su
¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaints form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plain...

Excerpt: ...ER LEGAL STANDARD A demurrer tests the legal su
¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plainti
¯'s ability to prove thes...

Excerpt: ... to confirm the arbitration award. No opposition is on file; however the petition was not properly served. A copy of the petition and written notice of the time and place of the hearing thereof and any other papers upon which the petition is based must be served. (Code Civ. Proc., S 1290.4, subd. (a).) Service must be in the manner provided in the arbitration agreement for the service of such petition and notice. (Ibid.) Ifthe arbitration agreeme...

Excerpt: ...A2"); 3. Plaintiff's Form Interrogatories, Set Three (FROG3"); and 4. Plaintiff's Request for Production of Documents, Set 5 ("RFP5") 1. SROG3 and RFP5 On June 14, 2023, pursuant to the parties' informal discovery conference, the Court ordered Defendant to answer SROG3 and RFP4 ("6/14/23 Ruling"). Plaintiff relies on the 6/14/23 Ruling (Reply SROG3, p. 2, Ins. 12-13) without acknowledging that the current objections were asserted after June 14, 2...

Excerpt: ...ce of se
©lement, which was granted on December 7, 2022. On December 16, 2022, State Farm Þled a s
Ÿpula
Ÿon for se
©lement and entry of judgment (the S
Ÿpula
Ÿon or Se
©lement Agreement). On December 20, 2022, the Court signed an order dismissing the ac
Ÿon without prejudice and, pursuant to the request of the par
Ÿes in the S
Ÿpula
Ÿon, retaining jurisdic
Ÿon to enforce the Se
©lement Agreement pursuant to Code of Civil Procedure ...

Excerpt: ... (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct, and 2) negligent hiring and supervision. Sun Buggie now moves for summary adjudication of its affrmative defense of express waiver because the relevant waiver is valid and enforceable under California law. Sun Buggie's eighth affrmative defense for express waiver is alleged as follows: As a separate and affirmative defense to the Com...

Excerpt: ...reached her duties with respect to medical liens submitted against the settlement funds.l Harris filed this interpleader achon on April 20, 2022, and deposited with the Court the remainder of the settlement funds after deducting legal costs and her forty percent contingent fee. Metzner filed the malpractice cross-complaint on October 4, 2022. Harris argues that the attorney-client relationship ended on January 19, 2021, the date Harris filed a no...

Excerpt: ...ollectively as "Petitioners." The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.l On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten-day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three-year Civil Harassment Restraining Order, set to expire on Au...

Excerpt: ...amages due to the accident. The parties have a contractual arbitration agreement and are arbitrating the claim. Insurance Code section 11580.2, subdivision (f), expressly commits the resolution of discovery disputes in uninsured motorist arbitrations to the jurisdiction of the superior court. (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920.) Before the Court are three motions to compel initial discovery responses and for sanctio...

Excerpt: ... Theophil (Theophil Dec.), '1 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.l (ld," 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 6; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51, 54, 55, 57, 74, 75, 82, 84, 85, and 86. Honda oppos...

Excerpt: ...ion 134 (fraudulent writing). On July 12, 2019, the San Luis Obispo County District Attorney's office filed felony charges against Orcutt in connection with four cardsl sent to different local real estate agencies that rented properties in Orcutt and Vice's neighborhood (Cavalier Lane in the City of San Luis Obispo). The complaint alleges the cards warned the recipient real estate agencies not to rent neighborhood properties to racial minorities ...

Excerpt: ...PAGA), Labor Code section 2699 et seq. Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintiff seeks an order: 1. Granting preliminary approval of the Class Acton and PAGA Settlement Agreement (the Settlement Agreement, Declaration of David Winston (Winston Dec.), 19; Ex. 1); 2. Approving t...

Excerpt: ...ach of contract; (5) slander of title; and (7) infliction of emotional distress. The body of Plaintiff's complaint is one page long. The purported causes of action are not separated as required by the Rules of Court. (Cal. Rules of Court, rule 2.112.) In his complaint, Plaintiff makes the following allegations: - PWB is "a California state-chartered bank and at the time of this complaint a resident of Los Angeles, CA." (Compl., 2.) - On October 8...

Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...

Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...

Excerpt: ... trustee. On November 22, 2015, Decedent's 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. Phase I of the trial has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...

Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...

Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...

Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...

Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...

Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...

Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...

Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...

Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...

Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...

Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...

Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...