Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...

Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...

Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...

Excerpt: ...rney, filed a response to the complaint, and two purported “counterclaims” for breach of written contract and “material misrepresentation – fraud.” On April 22, 2021, Defendant filed a substitution of attorney, indicating he is now represented by counsel. A court trial is set to begin on September 13, 2021. Now before the Court is Defendant's motion for leave to file a cross‐complaint. Legal Authority. “The court may, in furtherance...

Excerpt: ...dividuals employed under common circumstances and facts, have filed this class action lawsuit against Defendants The Berry Man, Inc.; All About Produce Corp.; Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint1 (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plai...

Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...

Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...

Excerpt: ...cific inspection date but asked for a “mutually agreeable time and date no less than thirty (30) days after service of [the] demand.” (Plaintiff's Ex. A.) Hazeltine provided verified written responses by mail (and email) on September 18, 2020. (Plaintiff's Ex. B.) Plaintiff, however, did not reach out to coordinate an inspection time until February 27, 2021. (Hazeltine's Ex. A.) Inspection of the documents ultimately occurred over several day...

Excerpt: ...ian Cuellar and Ruben Cuellar. The second occurred on June 12, 2018, and involved Plaintiff as a pedestrian and Brenda Pettit, driving a car owned by Joseph Pettit. Plaintiff and the Cuellar Defendants have reached a settlement, and the Cuellar Defendants move for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and the Cuellar Defendants have agreed to settle Plaintiff's cla...

Excerpt: ...tively “Defendants”). Plaintiff brings this action pursuant to the Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et. seq., on behalf of the State of California, for approximately 2,000 non‐exempt similarly situated current and former aggrieved employees of Defendants who worked for Defendants or who were terminated at any time from December 6, 2019, through resolution of this action. The complaint a...

Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...

Excerpt: ... 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 SAC asserts eighteen causes of action against the various Defendants. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...

Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...

Excerpt: ...rently on calendar is Petitioner's Motion to Compel a Mental Evaluation of Respondent, made pursuant to Code of Civil Procedure sections 2032.020 and 2032.310, et seq. In response, Respondent has submitted a document entitled, “Objection to Court Proceeding with Conservatorship and to Exercise of Jurisdiction.” Respondent objects to the current request on various grounds. First, Respondent states he was never served with the motion, which was...

Excerpt: ...d Roberta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. ...

Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...

Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...

Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certifica...

Excerpt: ...�), which shares a common boundary with real property owned by Defendants. After filing the complaint, Plaintiff recorded a Notice of Pendency of Action, on May 17, 2021 (the “Lis Pendens”). The Lis Pendens states the action concerns real property owned by Defendants, identified as APN 090‐ 372‐027 (“Lot 27”).1 The complaint alleges that Anderson acted as Defendants' agent to list and sell their property, and during her efforts to do ...

Excerpt: ...s injured leg was subsequently amputated below the knee, which he contends was a result of his fall. Plaintiff dismissed Ladera from the action on November 9, 2020, after the Court approved the parties' good faith settlement. Prior to that, on September 3, 2020, GMC filed a cross‐complaint against Dr. Eric Ford Shepard (“Shepard”), the surgeon who performed the amputation.2 According to GMC's cross‐complaint, the amputation was an electiv...

Excerpt: ...breach of insurance contract (against Allstate). The Law Firm Defendants filed a demurrer to the single cause of action pled against them in the FAC. On January 14, 2021, this Court sustained the Law Firm Defendants' demurrer with leave to amend. On March 1, 2021, Plaintiff filed a second amended complaint, wherein he amended both causes of action against all Defendants. Allstate objected to this second amended complaint because Plaintiff amended...

Excerpt: ..., was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020, and includes multiple counts of embezzlement, under Penal Code section 487(b)(3). Six of the counts allege embezzlement from Ma...

Excerpt: ...,494.25, plus interest. (Compl., ¶ 10.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. Defendant has filed an opposition. As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burd...

Excerpt: ...hes of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset, against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories, and for $2,785.50 in sanction...