Excerpt: ...reed to dismissal of the matter without prejudice. The Stipulation also requested that the Court reserve jurisdiction to set aside the dismissal and order judgment pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”) upon a showing of Defendant's default. The Court signed an order to that effect on March 23, 2021, and the matter was dismissed that same day. Under the Stipulation, Defendant was to pay the sum of $46,215.26 as fo...

Excerpt: ...�in‐ interest to Glenna Lemons (“Glenna”)1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard now demurs to the FAC, and to each ca...

Excerpt: ...ion; (5) harassment based on disabilities and perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, d...

Excerpt: ...nd Steven Fear (the “Fears”) damages of $7,000,000. Currently before the Court are the Fears' and Long's (“Plaintiffs”) motions for attorneys' fees. Plaintiffs seek fees pursuant to Code of Civil Procedure section 2033.4201 , on the ground that they propounded requests for admission (“RFAs”) which Defendants denied, requiring that certain contentions be proven at trial. In particular, Plaintiffs state they served RFAs regarding: (a) t...

Excerpt: ...ition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (The “San Diego Action”; Exh. C to Albence Decl.) Per the Notice of Related case filed in this matter, the San Diego Action was filed on September 14, 2021, one week before this complaint in interpleader was filed. The cross‐complaint in this action and the amended complaint in the San Diego Action assert the same five causes of action, ...

Excerpt: ...round related to the motions currently on calendar. On August 5, 2021, Keith McKibben (“Petitioner”) electronically served written discovery on Karen Tallent (“Respondent”). The discovery included (1) requests for admission (set three); (2) special interrogatories (set two); (3) form interrogatories (set three); and (4) requests for production (set three). Respondent served responses by mail on September 7, 2021. The response to each disc...

Excerpt: ... Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to Plaintiffs' respective properties near Lake N...

Excerpt: ... Luis Bay Estates Homeowners Association (the HOA). San Luis Bay Estates (SLBE) is a common‐interest development, subject to the Davis‐Stirling Act and governed by the HOA. (Defendant's Undisputed Material Facts [DMF] 1.) SLBE was developed, in part, by Rossi. (Rossi Dec., ¶¶ 2 – 5.) The lawsuit asserts causes of action for: (1) quiet title to deeded easement; (2) quiet title to prescriptive easement; (3) quiet title to equitable easement...

Excerpt: ...anted preliminary approval of the settlement and set a Final Approval Hearing for January 13, 2022. Plaintiff now moves for final approval of the settlement and concurrently moves for approval of his attorney fees, costs, and service award. (Cal. Rules of Court, rule 3.769.) The motions are unopposed. Motion for Final Approval of the Class Action Settlement In support of the motion for final approval, Plaintiff submits his own declaration, as wel...

Excerpt: ...CR). Plaintiff is currently an inmate at the California Men's Colony (CMC) in San Luis Obispo County. Plaintiff's lawsuit stems from the CMC Investigative Unit's contraband search of Plaintiff's dormitory. Plaintiff claims that after the search, his personal items were scattered, and various items were missing from his locker. Plaintiff proceeded with an administrative appeal to seek $65 in compensation for his missing property. After the appeals...

Excerpt: ...betting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. Currently before the Court are five motions to compel filed by Plaintiff Andrea Braff, as follows. (1) Motion to compel further responses to requests for production (RFPs) propounde...

Excerpt: ...anted preliminary approval of the settlement and set a Final Approval Hearing for January 13, 2022. Plaintiff now moves for final approval of the settlement and concurrently moves for approval of his attorney fees, costs, and service award. (Cal. Rules of Court, rule 3.769.) The motions are unopposed. Motion for Final Approval of the Class Action Settlement In support of the motion for final approval, Plaintiff submits his own declaration, as wel...

Excerpt: ...s of the Labor Code, the ninth of which asserts a violation of the Business & Professions Code, and the tenth of which asserts a claim under the Private Attorneys General Act (PAGA1 ). Now before the Court are four motions to compel arbitration, one filed against each Plaintiff. This ruling addresses Justin's motion to compel arbitration as to Blanca2 Verduzco. Legal Authority. Under California law, “[a] written agreement to submit to arbitrati...

Excerpt: ...arm; (5) elder abuse‐ financial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Defendants now demur, pursuant to Code of Civil Procedure section 430.10(e), to the complaint and to each cause of action on the grounds that they fail to state a claim. Defendants have further filed a motion to strike certain portions of the complaint. Def...

Excerpt: ...fornia. The amount in controversy is approximately $22,000. (Cmp., Prayer for Relief, ¶¶ 1, 2, 6‐9 [prayer for relief].) On October 30, 2019, Plaintiff propounded written discovery, including requests for admission, set one, (“RFAs”) on Marissa and Seaside. When no responses were provided, Plaintiff filed motions, on April 14, 2020, to deem the RFAs admitted and to compel written responses to the other outstanding discovery. No opposition...

Excerpt: ..., and requests for production, on Carl Goedinghaus (“Plaintiff”). On May 28, 2021, Plaintiff served (by email) responses to the special interrogatories only. After an attempt to meet and confer, to which Plaintiff did not respond, Hazeltine now seeks to compel further responses to special interrogatory numbers 13, 19, 29, 31, 33, 37‐41, 45, 54‐61, 84, 88, 96, 98, 104, 107, 108, 112, 116, 120, 128, 132‐135, 144, 146, 149, 151, 153, 155, ...

Excerpt: ...(“RFAs”) on Donald. Because the discovery was served by mail, Donald had until July 26, 2021, to respond. (Code Civ. Proc., §§ 2033.250, 2016.050 [§ 1013 applies].)2 On August 10, 2021, Plaintiff filed this motion pursuant to section 2033.280, seeking to have the RFAs admitted. Donald opposes the motion, reporting that his prior counsel did not inform him of the discovery requests.3 He states that he did not find out about the outstanding ...

Excerpt: ...aside the default pursuant to Code of Civil Procedure section 473 (“Section 473(b)”). Section 473(b) provides for two types of relief – discretionary and mandatory. Cowden seeks relief under the mandatory provision. (Mtn., p. 3, ll. 1‐3.) Under that provision, when an attorney files an affidavit of fault “attesting to his or her mistake, inadvertence, surprise, or neglect,” the court must vacate an entry of default and/or a resulting ...

Excerpt: ... and Debora Chase Revocable Living Trust dated February 2, 2006's motion to compel Ryan Petetit a.k.a. Ryan Wright (Wright)'s further response to form interrogatory no. 15.1, and request for monetary sanctions in the amount of $3,000 against Wright and his attorneys. On January 20, 2020, Plaintiffs propounded form interrogatories, set one, on Wright. On or around March 10, 2020, Wright served responses to the interrogatories, including to interro...

Excerpt: ...unitive damages. This case has not been set for trial. Neither party has posted jury fees. Plaintiffs allege that, in May 2013, they hired Defendant Handy Home to perform repairs to and around their home. Plaintiffs further allege that Handy Home's employee, Owens, secretly filmed and photographed Tanya1 with the intent of transferring, storing, and keeping the images “for his own inappropriate personal use.” Plaintiffs allege that in Novembe...

Excerpt: ...mplaint 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 For the reasons set forth below, the demurrer is sustained with leave to amend; and the motion to stri...

Excerpt: ... on June 16, 2021. Now before the Court is Plaintiffs' demurrer to Defendants' answer. Discussion Plaintiff demurs to 21 of the 25 affirmative defenses asserted by Defendants. Plaintiff argues that several of the affirmative defenses lack factual support; that the answer improperly alleges denials in the form of affirmative defenses; that the affirmative defenses are duplicative and uncertain; and that Defendants' reservation of additional affirm...

Excerpt: ..., 2020, termination from employment. (AR 34, 38.) Petitioner requests that he be reinstated to his position with the Department with back pay and benefits from the date of his termination. The October 23, 2019, Incident. On October 23, 2019, Petitioner was present at a training class at the Department's Honor Farm. Prior to classroom instruction, Petitioner walked by a female employee named Brooke Jordan, whom he knew from her work as a psychiatr...

Excerpt: ...or Inspection of Real Property, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the s...

Excerpt: ...and as trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are two motions to compel filed by Petitioners: 1. Motion to compel Kim Kunz's further responses to Petitioners' special interrogatories (set one) ...