Excerpt: ... that the Administrative Record in this matter contains confidential peace officer personnel records within the meaning of Penal Code sections 832.7(a) and 832.8, including personal data, election of employee benefits, employee appraisal and discipline, complaints and investigation and disposition of complaints, information derived from such confidential records and other information, the disclosure of which would constitute an unwarranted invasi...

Excerpt: ...tioners 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. On June 30, 2020, Respondents filed an “Answer to Verified Petition as to Invalidation of Will,” in which Respondents asserted: Respondents only intend to respond with this answer to the Second Cau...

Excerpt: ...nt, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC”), on March 5, 2021. The Court...

Excerpt: ...essel Family Trust on April 28, 1992 (the “Trust”). Ralph had one child from a prior relationship, Gregory Wessel (“Respondent”), and Evelyn had two children from a prior relationship (Petitioners). Evelyn and Ralph served as co‐trustees until Evelyn passed away, on June 25, 2005. After her death, Ralph executed thirteen amendments to the Trust (dated 07/01/05; 07/27/05; 02/07/06; 02/28/09; 05/04/11; 01/13/12; 10/19/12; 07/15/13; 03/24/...

Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...

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: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...

Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...

Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...demur to the SAC. Henry Alan Heer (“Heer”) now demurs to Plaintiffs' eleventh cause of action for Unfair Business Practices under Business and Professions Code sections 17200, et seq. (the “UCL”), in the SAC, on the grounds that the SAC fails to allege facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Counsel for the parties met and conferred prior to filing this demurrer. (See Newsum Decl.) I. Standard at ...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...to their complaint adding Rossetti Company Management, Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, wher...

Excerpt: ...m a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff alleges that during this visit, Defendant's employees informed Plaintiff that dogs are not allowed in its restaurant. Plaintiff's lawsuit seeks a state‐wide permanent injunction requiring Defendant's restaurants throughout California to adopt a general nondiscrimination policy...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...t of statements that Defendants made about Plaintiff to Detective Eric Stradley of the San Luis Obispo Police Department, during an investigation in June 2019. Attached in support of the complaint's allegations are police reports prepared by Detective Stradley, memorializing his discussions with two witnesses, identified by Plaintiff as Defendants. (Cmp., Exs. 1, 3.) Currently before the Court are the Defendants' individual motions to strike purs...

Excerpt: ...ce 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 agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...

Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...

Excerpt: ...ffering from the coronavirus at other California penal institutions to be moved to the California Men's Colony in San Luis Obispo (the “CMC”). The petition asks, among other things,1 that the Court prohibit the California Department of Corrections and Rehabilitation (“CDCR”) from making any such future transfers. Respondent has not yet been served with the petition. On October 27, 2020, Petitioner filed a request for an order (1) that he ...

Excerpt: ...in San Luis Obispo County. Plaintiffs subsequently filed three amended complaints and have named multiple additional defendants, including the California Department of Transportation, Caltrans, the State of California, CHG Medical Staffing, Inc., DaVita, Inc., and Foundation Medical Staffing. CHG Medical Staffing Inc., Foundational Medical Staffing, and DaVita Inc. (“Defendants”) now move this Court for an order permitting them to file under ...

Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...

Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...

Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...