Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...

Excerpt: ...1, C, and C1 (the “Project”). The Project is a pipeline located in San Luis Obispo County that carries water from Lake Nacimiento to various public agencies. The District is the owner of the Project and Teichert was the District's general contractor. Teichert's portion of the Project involved installation of pipeline crossings underneath the Nacimiento and the Salinas Rivers. The Project was completed in 2010, and the complaint alleges that i...

Excerpt: ...n for (1) breach of contract, (2) declaratory relief, and (3) unjust enrichment. The parties' dispute relates to their written agreement to open and market a new Allstate Insurance Agency. Now before the Court are two motions filed by Plaintiff/Cross‐Defendant: (1) motion for terminating sanctions for refusal to comply with discovery orders; and (2) motion for an order establishing admissions and for sanctions. The Court is not in receipt of De...

Excerpt: ...take six to seven weeks. On March 16, 2020, the Court suspended the trial due to the coronavirus pandemic. Thereafter, the jury completed a questionnaire regarding their availability to continue to serve as jurors in light of the pandemic. Several jurors, and all the alternate jurors, were no longer able to serve due to the pandemic. On June 25, 2020, the Court declared a mistrial. A jury trial is now set to begin on March 8, 2021, and is anticip...

Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...

Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...

Excerpt: ...rchase of real property in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining Defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...

Excerpt: ...il Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related t...

Excerpt: ...he Note, the most recent of which was executed in 2015. On May 15, 2018, the Court issued a Right to Attach Order in favor of Plaintiff and against Mr. Takken in the amount of $598,487.52. The order covered all of Mr. Takken's interests in real and personal property as listed in Code of Civil Procedure section 487.010(c), including his interest in Takken Investment Properties, LLC (the LLC). A Writ of Attachment was issued on July 3, 2018, specif...

Excerpt: ...iled 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 “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action). The Landry was part of a tour gr...

Excerpt: ...r supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City's motion for prejudgment possession. The Court did not sign the proposed orde...

Excerpt: ...Gustin”; collectively with Haagensen “Plaintiffs”) filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Both complaints allege that Nielson, who owns a gymnastics training center, made defamatory statements about Plaintiffs at the Center and the gymnastics community at large. Gustin, a gymnastics coach and owner of a gymnastics team, alleges Nielson engaged in ...

Excerpt: ... served with the summons and complaint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plainti...

Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...

Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...

Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...

Excerpt: ...aint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plaintiff moves pursuant to Code of Civil...

Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...

Excerpt: ...he custody of the California Department of Corrections and Rehabilitation (the “CDCR”). The State of California, acting by and through the CDCR (the “State”), demurred to the causes of action alleged against it in the FAC. The Court found that the only causes of action pleaded against the State was the first cause of action for negligence and a violation of Government Code section 845.6, and as to that cause of action the Court sustained ...

Excerpt: ...n; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. Now before the Court is Defendants' motion to compel arbitration. Legal Authority. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1...

Excerpt: ...rta 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. as Doe...

Excerpt: ...vivor's trust, a marital trust, and an exemption trust. Marcia remained the sole trustee until replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Family Trust has been subject to ongoing litigation (case number PR13‐0085),2 including a pe...

Excerpt: ...4) intentional infliction of emotional distress. Plaintiff alleges that he is an imam, and past visitor at the California Men's Colony (CMC) prison facility in San Luis Obispo County. Plaintiff alleges that Defendants have conspired to label him as an “ex‐convict” in order to prevent his visits with various inmates at CMC. Plaintiff alleges his reputation has suffered as a result. Now before the Court is a demurrer filed by CDCR and Ms. Gas...

Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...

Excerpt: ...is allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...