Excerpt: ... to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Plaintiff alleges that it is a manu...

Excerpt: ...s in lieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement). Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. On May 23, 2018, before the hearing on Defendants' motion, Plaintiff filed a first amended complain...

Excerpt: ... “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 California State Treasurer's Office through a program of the California Tax Credit Allowance Committee. As part of that program, P...

Excerpt: ...et store3 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 group4 that is in a cooperative agreement with at least one private or public shelter5 .” (Id. at subd. (a).) 1 All further statutory references are to the Health and Safety Code unless otherwise specified. 2 A “pet store operator” is “a person who owns or oper...

Excerpt: ...torneys, Theresa's spouse and daughter (Reba Phillips) were also present at the deposition. The deposition was suspended by agreement of the parties to allow the Court to rule on Hugh's request to limit the individuals who may be present during his deposition to himself, his attorney, Theresa, her attorney, and the deposition officer. (Code Civ. Proc., § 2025.420(b)(12).) Hugh argues that Theresa's spouse and daughter, who are not parties to the...

Excerpt: ...it alleges that Defendants made illegal and unpermitted modifications to The SLO in violation of California law, creating hazards to the student tenants. The Parties resolved the lawsuit and filed a motion for preliminary approval of class action settlement, which motion the Court granted on November 28, 2018. Now, before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of all individuals who l...

Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...

Excerpt: ... that they each put into the Property (for which they each sought reimbursement). The Court held a trial on the matter in January 2019. On March 29, 2019, the Court issued a written decision in which it concluded that each party owned a one‐third interest in the Property, i.e., one‐third by Bello and two‐thirds by the Scotts. In addition, the Court concluded that the monies expended by Bello at the time of purchasing the Property and for ce...

Excerpt: ...Plaintiff now moves pursuant to Code of Civil Procedure section 708.170(a)(2) for sanctions against Defendant. Code of Civil Procedure section 708.170(a)(2) provides as follows: If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear [and] the person's failure to appear is without good cause,...

Excerpt: ...s sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Plaintiff moves to for leave to file an amended complaint. Plaintiff's Complaint is a form complaint with one cause of action for negligence, which alleges that Defendant was grossly negligent in causing her injuries. Plaintiff's proposed First Amended Complaint (“FAC”...

Excerpt: ...e dispute arises out of the City's code enforcement investigation of property on which Holliday was residing. On August 4, 2015, city officials inspected the property and placed a Stop Work Order on a fence. The following day, Holliday went to the City's Clerk Office to dispute the Stop Work Order. Holliday videotaped his meeting, but was asked to stop recording by a City employee and a law enforcement officer. Holliday alleges that those request...

Excerpt: ...nd Restrictions for her condominium development by refusing to keep her dog on a leash or supervise her dog, resulting in the harassment of residents, as well as her alleged failure to keep her dog from barking excessively. On April 27, 2018, the parties mediated this case with Scott Radovich, which resulted in a settlement agreement between Knight and the Association. (Exhibit 1). The parties signed and submitted a Stipulation and Order Confirmi...

Excerpt: ...n's physical education and wrestling instructor. Plaintiff's lawsuit centers around Defendant's accusations against Plaintiff, including that Plaintiff bullied, discriminated and retaliated against, and created a hostile work environment for Defendant's son. On or about April 30, 2017, Defendant sent a letter of complaint (Complaint Letter) to the California Commission on Teacher Credentialing (the Commission) regarding Plaintiff. This lawsuit fo...

Excerpt: ...ritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) Trial is set for July 29, 2019. Now before the Court are two motions filed by the Port: (1) Motion for Judgment on the Pleadings; and (2) Motion to Bifurcate. Motion for Judgm...

Excerpt: ...aded 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”) demurs here to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan. McKiernan's demurrer was served on Plaintiff at his address of record but no opp...

Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...

Excerpt: ...although a summons is on file, there is no indication that either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the court. The proof of service attached to the CMC statement indicates that it was mailed to this court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff filed the following: ‐ “Mot...

Excerpt: ...d Press Action.”) The complaint alleges that from July through September 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. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...

Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...

Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...

Excerpt: ...ta. Now, before the Court are the following motions brought by Dr. Wogu: (1) Motion to compel responses to form interrogatories and for sanctions; and (2) Motion to compel responses to request for production of documents and for sanctions. No opposition is on file from Plaintiff. On January 28, 2019, Dr. Wogu served form interrogatories and requests for production on Plaintiff. To date, Plaintiff has not responded to either the interrogatories or...

Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...

Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...

Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...

Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...

Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to...

Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...

Excerpt: ...ch of the covenant of quiet enjoyment; (5) nuisance; (6) negligence; and (7) wrongful eviction. The Trust demurs to the entirety of the complaint and each cause of action on the ground that it fails to state a cause of action against the Trust. Specifically, the Trust argues that the complaint has improperly named the Trust, rather than the trustee, as a party. Plaintiffs do not dispute that they cannot sue the Trust and state they requested the ...

Excerpt: ... follows: In this event, [each party] shall choose a competent and impartial appraiser .... The appraisers will separately state the actual cash value, the replacement cost, and the amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. ... (Petition, Attach. 4(b).)1 A dispute arose between the parties regarding the cost of repairs caused by flood damage...

Excerpt: ... (“Dr. Mulder”) (collectively “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 ...

Excerpt: ...gainst Ford include breach of express warranty, breach of implied warranty, concealment, intentional misrepresentation, and negligent misrepresentation. Now before the Court is Plaintiff's motion to compel further responses to requests for production. No opposition is on file. Analysis. On November 30, 2018, Plaintiff served his first set of requests for production (RFPs). (Ex. A.) On January 7, 2019, Ford served unverified responses to Plaintiff...

Excerpt: ...nd motion to strike the complaint, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages ...

Excerpt: ...ber 10, 2018, alleging (1) fraudulent concealment; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) professional negligence; (6) negligent misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair dealing; and (9) specific performance. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles, on Kleck Road. On June 23,...

Excerpt: ...endant”) and Compass Holding, Inc., alleging elder abuse and wrongful death. Now, before the Court are five discovery motions and a motion for summary adjudication, all filed by Plaintiffs. Motions to Compel Further Responses to Special Interrogatories, Form Interrogatories and Requests for Admission Plaintiff served Request for Admissions, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, on Defendant on October 24,...

Excerpt: .... Plaintiff, an attorney, formerly represented 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 the Honorable Linda Hurst. 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 Arbitra...

Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...

Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...

Excerpt: ... 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 (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...

Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...

Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...

Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...

Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...

Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...