Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...

Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...

Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...

Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...

Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions Code sectio...

Excerpt: ...rrevocable 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. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...

Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...

Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...

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: ...ranted Plaintiff's unopposed motion for terminating sanctions. Defendant's answer and cross‐complaint were stricken, and default was entered. On January 13, 2021, the Court held a default prove‐up hearing, at which Plaintiff was sworn and examined. On January 14, 2021, default judgment was entered against Defendant in the total amount of $1,060,351. On March 11, 2021, Defendant filed a substitution of attorney, wherein her current counsel at ...

Excerpt: ... a consultant who assisted with the planned subdivision. On May 5, 2020, Plaintiff served a Deposition Subpoena for Production of Business Records on Kirk Consulting. Kirk Consulting complied with the subpoena by producing responsive documents, as well as a one‐page privilege log objecting to production of seven emails on the grounds of attorney‐client privilege and/or the work product doctrine. Defendant reports that all correspondence betwe...

Excerpt: ...Ginger, through her company Wapita, 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 (two days before the Machado Action), and includes multiple counts of embezzlement under Pena...

Excerpt: ... his sister, Susan Shively. Respondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that, ...

Excerpt: ... for fees and costs pursuant to Civil Code section 1717, which provides in relevant part: In any action on a contract, where the contract specifically provides the attorneys' fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not...

Excerpt: ...ivil action against Defendant. Plaintiff's complaint is captioned as “Verified Complaint in Equity to Set Aside Judgment Obtained by Extrinsic Fraud or Mistake; Default and Default Judgment Rendered by Court Lacking Jurisdiction over Defendant.” The crux of Plaintiff's civil action is that he was never served with process in the Collections Action, and the substituted service made on his alleged co‐tenant was ineffective. Thus, according to...

Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and pr...

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: ...Keystone's Motion for Order Reclassifying Action as a Limited Civil Case, pursuant to Code of Civil Procedure section 403.040. The other Defendants filed a joinder to the motion on June 4, 2021. Plaintiff opposes the motion.1 For the reasons set forth below, the motion is denied. According to Keystone, Plaintiff underwent a dental implantation procedure for a single tooth, which has since been successfully restored with a new implant. Keystone no...

Excerpt: ...pondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that on numerous occasions prior to h...

Excerpt: ...(2) strict liability – manufacturing defect; (3) strict products liability – design defect; (4) strict products liability – failure to warn; and (5) negligence. Plaintiff's complaint alleges that his right index finger was crushed and subsequently amputated while operating a model no. IF 12‐1/2, Series One Niagara Power Squaring Shear (the Niagara Squaring Shear) as part of his job duties for his employer, PWS Construction (PWS). (Compl.,...

Excerpt: ...g on January 6, 2021, at 9:00 a.m. in “Paso Robles Department 2.” OSC stated that it would be vacated if a response was filed or if a default judgment was entered at least 10 court days prior to the hearing. On December 24, 2020, the Court electronically served on Plaintiff's counsel a Notice of Hearing by Zoom, which confirmed the date, time, and department (“Paso Robles Department 2”) for the OSC. Plaintiff did not appear at the OSC hea...

Excerpt: ... 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 against Defendant...

Excerpt: ...due 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.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 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. Atla...

Excerpt: ...7, which he asserts is defective. On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019, in which it agreed to “comply in full” with Plaintiff's RFP numbers 16 and 22. Those RFPs requested: REQUEST FOR PRODUCTION NO. 16: All DOCUMENTS, inclu...

Excerpt: ... of action1 on the grounds that it fails to allege facts sufficient to state a cause of action for quiet title under Code of Civil Procedure section 430.10(e). U.S. Bank filed a notice of joinder in the demurrer. However, U.S. Bank filed an answer to the complaint on July 10, 2020, almost nine months before the demurrer was filed. A joinder seeks the same relief sought in the moving party's papers. (See Weil & Brown, Cal. Practice Guide: Civil Pr...