Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...

Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...

Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...

Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...

Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...

Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...

Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...

Excerpt: ...After a five-day trial the Court issued a Ruling on Decision After Trial in favor of Plaintiffs for $40,470.52. Plaintiffs now seek attorney's fees of $197,541.00 pursuant to section Paragraph 25 of the parties' Motel Lease, which provides as follows: In the event of the commencement of any action by either party hereto, or their respective successors in interest, hereon or hereunder or by reason of the breach of any covenant or condition on the ...

Excerpt: ...rogatories, Set One ("Form Interrogatories"); 3. Defendant's Supplemental Interrogatory ("Supp. Interrogatory"); 4. Defendant's Supplemental Request for Production of Documents ("Supp. RFP"); 5. Defendant's Requests for Admissions, Set One ("RFA"). Plaintiff opposes the motions and argues that his objections have merit and he has provided responsive answers to the extent possible. 1. Standard for Determining Motion to Compel Further Discovery Res...

Excerpt: ...auses of action for gross negligence and intentional infliction of emotional distress, respectively. Defendants move on the grounds that their complaint of fall well short of the required showing of "extreme" and "outrageous" conduct on behalf of the moving defendants. Plaintiffs oppose the moton as to Shelley only. As to Robert Higginbotham, Plaintiffs do not oppose a dismissal of him as a defendant with respect to their sixth and seventh causes...

Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...

Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...

Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...

Excerpt: ...uger attachment. (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Plaintiff's motion to amend the complaint to add a claim for pun-tive damages. Legal Authority. "The court may, in furtherance of justice, and on any...

Excerpt: ...Danna Dec.); Ex. 1. Stip., 1, 2.) Judgment shall not be entered in favor of Plaintiff and against Defendant so long as Defendant pays to Plaintiff the compromise sum of $2,365 by making an initial payment of $111, followed by payments of $98 per month until the compromise amount was paid. (ld., 'l 3.) Should Defendant default, she is entitled to a noticed motion to enter judgment pursuant to the stipulation in the amount of $3,637.38, less paymen...

Excerpt: ...Verduzco), (2) negligence (against CDSH and CDCR), and (3) negligent entrustment, hiring, supervision, training, and/or retention (against CDCR). Plaintiff alleges he is currently in custody with CDSH in Coalinga. (FAC, 1.) Plaintiff alleges that Adame and Verduzco were hired and employed by the State of California, by and through COCR, and also alleges Adame and Verduzco are employed by CDSH. (ld. at "1 31, 32, 35, 45.) Plaintiff alleges he has ...

Excerpt: ...Counties), Louis Carnesale (Louis) 1, John Carnesale (John), and the City of Atascadero. 10850, Tri Counties and John Carnesale (collectively Defendants) now demur to the complaint as a whole as alleged against them and to each of the first four causes of action .2 Defendants demur to all causes of action on the grounds that the pleading is internally inconsistent as to the date for the alleged actionable event and on the grounds that each cause ...

Excerpt: ...hell Tae-Yeon Kim is Grace's sister. Grace's father, Kenny Kim, is not a party to this action. (Compl., '1 8.) The dispute centers around real property located at 802 Park Way in Arroyo Grande (the Property). Plaintiffs allege that Mary and Kenny, through the Trust, purchased the Property in 2018 for Plaintiffs and their young son to live in with the understanding that Plaintiffs would make payments on the Property for thirty years, or until 2048...

Excerpt: ...ky Car Wash Associates, L.P.; Quiky Car Wash, LLC (collectively "Defendants"); and Sun Day Carwash, Inc. ("Sun Day"). Plaintiffs' complaints sets forth fifteen causes of acton. The summary of Plaintiffs' claims is as follows: Defendants Hamish Marshall ("Marshall") and Rodney Cegelski ("Cegelski") (collectively, the "Individual Defendants"), individually and through their entities, are wrongfully taking steps to cause (1) the asset sale of Nomina...

Excerpt: ...m SLOCAL. SLOCAL moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton. On November 28, 2023, after their opposition was filed,...

Excerpt: ...ifornia. Plaintiff worked for Defendants from March 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. In March, 2023, Plaintiff and Defendants entered into a Stipulation of Settlement of Class and PAGA Acton Claims and Release of Claims ("Settlement Agreement"). (Declaration of Jean-Claude Lapuyade ("Lapuyade Decl."), Ex. 1.) Plaintiff did not notify the Labor and Workforce Develo...

Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...

Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...

Excerpt: ... re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross-complaint against Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross-complaint against various Cross-Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of Ame...

Excerpt: ... The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code section 3294. Defendants' coun...

Excerpt: ...cannabis in violation of County regulations. The County initiated two administrative actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceed-ngs. (Ibid.) Plaintiff alleges the Armstrong Defenda...

Excerpt: ...ocedure sec
Ÿon 664.6. This Court entered an order for dismissal that retained jurisdic
Ÿon pursuant to the par
Ÿes' request on July 9, 2021. Na
Ÿonwide now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure sec
Ÿon 664.6. Code of Civil Procedure sec
Ÿon 664.6 provides that: If par
Ÿes to pending li
Ÿga
Ÿon s
Ÿpulate, in a wri
Ÿng signed by the par
Ÿes outside of the presence of the court or orally...

Excerpt: ...nitial forfeiture gave the bail agent 185 days from the date of forfeiture to locate and return Ms. Vargas to custody. (Pen. Cade, S 1305.) On January 13, 2023, notice of the forfeiture was sent to Bail Hotline's agent and its surety, Financial Casualty and Surety, Inc. (Moving Party). This notice informed Bail Hotline's agent and Moving Party that the forfeiture would become absolute on July 23, 2023, following the 185-day statutory timeframe ou...

Excerpt: ...tion of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV-0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FAC on the grounds that they are fraudul...

Excerpt: ...ment Permit Project No. P20-000076 (the Administrative Permit). Currently before the Court is the City's demurrer to the SAP on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. Specifically, the City argues that Petitioners' claim is barred by the relevant statute of limitations. (Gov. Code, S 65009, subd. Section 65009, subdivision (c)(1)(E) requires that any action challenging cond...

Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...

Excerpt: ...e Court." (Minutes, 05/24/23.) Plaintiff has not yet done so. On July 28, 2023, Defendant filed a Motion to Tax Costs. Defendant notes that the motion is in response to a Memorandum of Costs Dated July 11, 2023, served on his counsel that same day. Plaintiff never filed a Memorandum of Costs with the Court. under California Rules of Court, rule the prevailing party must serve and file memorandum of costs within a specified number of days after en...

Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...

Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...

Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...

Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...

Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...

Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...

Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...

Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...

Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...

Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...

Excerpt: ...quest by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit "A". The Plaintiff has performed all conditions precedent to bringing this action orthe same have been waived by the ...

Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...

Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...

Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...