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: ...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: ... 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: ...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: ... 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: ...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: ...On May 30, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). The FAC alleges fourteen causes of action against Defendants. This action arises out of Plaintiffs' employment at Sky River. The FAC alleges that Defendants discriminated against and harassed her based upon her medical condition, namely melanoma, failed to accommodate her or engage in an interactive process, and wrongfully terminated her in violation of public policy. Sm...

Excerpt: ...elated to planting, growing, harvesting, shipping, cooling, processing, and/or shipping fruits and/or vegetables and who worked in California between May 1, 2011 and the present (called ‘Harvesters' or the ‘Class') and who were paid by Defendant PALOMA PACKING, INC. (‘Paloma').” The seven subclasses begin the same way but after the phrase “and the present” end as follows: 1. ... and who were paid by Paloma and for whom Defendants have...

Excerpt: ... a second amended complaint (SAC) against RIG, TheClymb, and Does 1 through 15 alleging causes of action for (1) breach of contract, (2) fraudulent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiffs allege that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (SAC, ¶ 3.) Plaintiffs al...

Excerpt: ... are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5 (“Section 122354.5”). On April 5, 2019, Plaintiffs propounded a first set of requests for production (“RFPs”) and Special Interrogatories on the Bark Defendants. The Special Interrogatories included only one interrogatory asking the responding parties to “[i]dentify each and every officer, director, founder, employee, ...

Excerpt: ...red by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Procedural Background Defendant submitted a Request for Judicial Notice with 25 exhibits in support of its demurrer. A demu...

Excerpt: ...ed litigation against Centex under a separate case number (16CVP‐0337). The two matters were subsequently consolidated. The homes at issue are part of the Cottages at Dove Creek and Collection at Dove Creek projects in Atascadero, California. Trial is set to begin on October 21, 2019. Centex seeks an order bifurcating the trial into two phases: (1) the construction defect claims, including all of Plaintiffs' claims and Centex's claims for indem...

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: ...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...

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: ...s was also survived by his wife, another daughter, and his step‐son. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special...

Excerpt: ... compliance with all applicable state and federal requirements, and encourages administrative efficiency.” (Welf. & Inst. Code1 , § 14126.02.) In 2010, the Legislature amended the Act and enacted legislation that required Department of Health Care Services (DHCS), which administers the Medi‐Cal program, to create the Quality and Accountability Supplemental Payment (QASP) program, which provides supplemental payments to skilled nursing facili...

Excerpt: ...II (the “Driver”) made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate, sending Plaintiff's vehicle into a roll. The SAC alleges that the Driver had been operating his vehicle, a 75,000 pound, ten‐wheel, two‐ axel, specialized truck, “erratically” from the Grand Avenue off‐ramp in San Luis Obispo to the scene of the accident near At...

Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...

Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...

Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...

Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...

Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...

Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...

Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...

Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...

Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...

Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...

Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...

Excerpt: ...ed Complaint later that same day (“FAC”). Plaintiff alleges that on May 15, 2018, he obtained medical services at an urgent care facility. (FAC, ¶ 1.) Unbeknownst to Plaintiff, the facility sent various tests to Quest for diagnosis. (Ibid.) Medical diagnostics are not insured under Plaintiff's health insurance plan. (Ibid.) Plaintiff alleges that he had no contractual agreement with Quest or even knew of Quest's existence at the time he rece...

Excerpt: ...�) (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, and as...

Excerpt: ...kiff Management Corporation (collectively “Defendants”). On July 8, 2019, Defendants filed a cross‐complaint for declaratory relief and interpleader. On that same day, Plaintiffs filed an ex parte application for a TRO and to set an OSC re: preliminary injunction. Skiff and Binney were business partners in various business ventures for many years. In 2003, Skiff and Binney organized the Manse on Marsh, LP, as a California limited partnershi...

Excerpt: ...n under Business and Professions Code section 17200, et seq., 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. On June 28, 2018, Plaintiffs served disco...

Excerpt: ...; (3) intentional infliction of emotional distress; and (4) violation of constitutional rights.1 The County demurs to the entire complaint on the ground that Plaintiff failed to comply with the Government Claim Act (Gov. Code, § 900 et seq.). In addition, the County demurs to the first, second, and third causes of action on the ground it has immunity under Government Code section 850.4. 1. The Government Claim Act “In general, no suit for mone...

Excerpt: ...igence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant on all six causes of action. His parents, the Toms, are named on the first and sixth causes of action. The Toms demur to both of those causes of action on the grounds that they (1) fail to state facts sufficient to constitute a cause of action; and (2) are barred by the relevant statu...

Excerpt: ...of service on file showing the motion was served on Defendant. Provided the notice issue is resolved, the Court intends to rule as follows: As the moving party, Discover Bank 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 Discover Bank makes i...

Excerpt: ...G”) (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, an...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...

Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...

Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...

Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...

Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...