Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...

Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...

Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...

Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligen...

Excerpt: ...ses 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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...

Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...

Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...

Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...

Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...

Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts alleg...

Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts allege ...

Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...

Excerpt: ...rough personal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both Defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187, to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss, and Katherine E. Diaz.1 The motion was not served on either Defenda...

Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...

Excerpt: ...omplaint on June 26, 2019 and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...

Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...

Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...

Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...

Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...

Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...

Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...

Excerpt: ...mplaint (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 preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...

Excerpt: ... non‐exempt piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) un...

Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...

Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...