Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...

Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store 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 group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...

Excerpt: ... General Act (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was not opposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to be sent to class members by Ju...

Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...

Excerpt: ...is Defendant's motion to transfer venue to the Napa County Superior Court. Defendant moves pursuant to Code of Civil Procedure section 397(a), i.e., that the court designated in the complaint is not the proper court. 1 Plaintiff opposes the motion. For the first time in his initial reply, submitted on July 29, 2021, Defendant argued that the matter should be transferred under section 397(c), i.e., convenience of witnesses and ends of justice. At ...

Excerpt: ...quests for admissions, set one (the RFAs), based on Defendant's failure to respond to Plaintiff's RFAs. Now before the Court is Plaintiff's motion for judgment on the pleadings. The Court is not in receipt of an opposition; a proof of service is on file. A plaintiff may move for judgment on the pleadings where the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts ...

Excerpt: ...onald made about Plaintiff in May and June 2019 to the San Luis Obispo Police Department (the “SLO‐PD”), in connection with a pending criminal investigation and at a preliminary hearing in the resultant judicial proceeding (Case No 19F‐05075). Currently, on calendar is MacDonald's motion to strike pursuant to Code of Civil Procedure section 425.16,1 also known as the Anti‐SLAPP statute. For the reasons set forth below, the motion is gra...

Excerpt: ...ng the matter dismissed on May 13, 2020, absent a motion to vacate the order by counsel prior to that date. No motion to vacate was filed prior to that date. On June 16, 2021, Plaintiff filed a Motion to Set Aside Notice of Settlement and Restore Case to Active Docket. The motion was served on Defendant but no opposition was filed. Plaintiff seeks to set aside the Notice of Settlement and enter default against Defendant. Plaintiff contends that D...

Excerpt: ...tions of the Property for a 60‐ month temporary construction easement (the Construction Easement) of approximately 2,910 square feet, or 0.06737 of an acre, for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure1 section 1245.235, the County Board of Supervisors by a vo...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ...LC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; 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, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Now before the Court is Plaintiff's motion to compel Wright's f...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...

Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...

Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...

Excerpt: ... deceit (against both Defendants). On February 24, 2021, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property). Plaintiffs filed another “notice of pending action” on February 23, 2021, again relating to the ...

Excerpt: ...riminal threats); and (3) violation of Penal Code section 134 (fraudulent writing). The complaint alleges that the San Luis Obispo County District Attorney's office filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agen...

Excerpt: ...nancial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Plaintiff's complaint alleges he is a resident at Ocean View Manor apartments in Morro Bay. (Compl., ¶¶ 1, 10.) Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Property, which Plaintiff alleges has caused him to suffer injuries. (Compl., ¶¶ 5, 46, 129.) Th...

Excerpt: ...e alternative, summary adjudication. The motion was served on counsel for Defendant. No opposition is on file. The Court grants Plaintiff's Request for Judicial Notice. 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 bur...

Excerpt: ...e action as to her. Defendant moves on the ground that there is no triable issue of fact that: 1) Defendant did not hire either Plaintiff; 2) Defendant, as the Vice President, did not have authority to determine the rate of pay of either Plaintiff and did not do so; 3) Defendant did not have the authority to pay either Plaintiff and did not do so; 4) Defendant, as Vice President of J&H Enterprises, Inc., did not have the authority to determine th...

Excerpt: ... Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion for judgment on the pleadings. Legal Authority. A defendant may move for judgment on the pleadings where the complaint...

Excerpt: ...apacity to execute the First Amendment, dated November 7, 2018. The petition is brought under Probate Code sections 850 and 17200. Currently on calendar is Clark's demurrer, which argues (1) venue is improper, and (2) the fourth cause of action is barred under Code of Civil Procedure section 366.2. For the reasons set forth below, the demurrer is overruled. (1) Venue Probate Code section 17005(a)(1) provides that venue is proper in “the county ...

Excerpt: ... causes of action for negligence and negligence per se and also seeks punitive damages. Currently on calendar is Laura's motion to strike Plaintiffs' claim for punitive damages (Cmp., ¶¶ 41‐52, p. 10, l. 12). Plaintiffs oppose the motion. For the reasons set forth below, the motion is granted. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) �...

Excerpt: ...f flooding to her property which she alleges was caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Now before the Court is Plaintiff's motion to compel the City to provide a further response to request for admissions, and request for monetary sanctions in the amount of $2,975. The City opposes the motion. There i...

Excerpt: ...ly owned property1 adjacent to a property owned by Defendants, and that from the beginning of Plaintiff's ownership, before May 21, 2012, his property used a sewer line that crosses on Defendants' property. (Compl., ¶¶ 6, 7, 10, 11.) Plaintiff alleges that in 2019, he discovered that despite the use of the sewer continuously before 2010, no formal grant of easement has been recorded in favor of the property. Plaintiff alleges that he has approa...