Excerpt: ...re sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant's counsel of record, but no opposition was filed. Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10. Plaintiff's motion includes a de...

Excerpt: ...bout June 2015, Plaintiff and Defendant discussed purchasing a parcel of undeveloped real property (the Property) located at 4210 Ramada Drive, in unincorporated San Luis Obispo County near Templeton. (SAC, ¶ 7.) Plaintiff alleges it was interested in the 20 acres fronting Ramada Drive, and Defendant was interested in the 20 back acres. (Ibid.) Plaintiff alleges the parties agreed Defendant would purchase the Property and grant Plaintiff an excl...

Excerpt: ...an uninsured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served v...

Excerpt: ...s out of a July 17, 2017, wildfire started as a result of roadwork on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County and asserting causes of...

Excerpt: ...Harmon‐ Perry”) (collectively “Defendants”). Natale's notice of motion further requests monetary sanctions. Defendants oppose the motion. Natale first noticed the depositions of Wolkoff and Harmon‐Perry on September 4, 2019, to take place on October 4, 2019. (Karen Decl., ¶ 2; Exh. 1.) On February 18, 2020, Natale served amended deposition notices continuing Wolkoff's deposition to April 14, 2020, and Harmon‐ Perry's deposition to Ap...

Excerpt: ...or (aged 14 months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. Defendant answered the complaint on November 20, 2019.2 Currently, before the Court is Plaintiff's request for leave to file a first amended complaint (“FAC”), to include a claim for punitive damages. Plaintiff states that during discovery she discovered new facts showing that Defendant acted with conscious disregard for the minor's s...

Excerpt: ...d against Wilmington Trust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set a...

Excerpt: ...2019, the Court issued its proposed statement of decision. On January 7, 2020, both Plaintiff and Forster‐Gill, Inc. filed objections to the tentative statement of decision. After review, on January 21, 2020, this Court issued its final statement of decision (the “Decision”). The Decision awarded Plaintiff a judgment in the total amount of $58,296.39. On January 31, 2020, prior to judgment being entered, Plaintiff filed a motion to correct ...

Excerpt: ... forth thirteen causes of action and explains a business venture gone sour. Currently on calendar is Plaintiffs' request for (1) an order appointing a receiver to take possession, custody, and control of the assets and operations of NHC Grover Beach LLC (“NHC Grover”), Dayspring Farms Cultivation LLC (“Dayspring Cultivation”), and Natural Healing Center LLC (“NHC”; collectively, the “Companies”); and (2) issuance of a preliminary ...

Excerpt: ...ado Homeless Shelter (the Shelter) in San Luis Obispo, and Mr. Bartholomew, a Shelter employee, approached Plaintiff at Ms. Gomez's directive to assist. (Compl., ¶¶ 13, 14.) Plaintiff further alleges that, after he helped Plaintiff jump start her vehicle, Mr. Bartholomew backed up in his truck as Plaintiff walked behind it, running over her legs and causing her to suffer a massive subdural hematoma, severe swelling of the brain, edema, sepsis, ...

Excerpt: ...t granted Plaintiff's motion to compel Defendant to produce documents and things, including production of the jewelry at issue. The Court ordered Defendant to produce documents and things and pay sanctions to Plaintiff's counsel on or before March 7, 2020. Defendant apparently failed to comply with the March 7, 2020 deadline. Now before the Court is a motion from Plaintiff stylized as a “motion for discovery sanctions including entry of default...

Excerpt: ...ureds' property in Creston, California, which caused a fire and damage to Plaintiff's insureds' property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds' rights to pursue the responsible parties for causing the loss, up to the amount paid. Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint...

Excerpt: ...ses of action under the Labor Code, Business and Professions Doe sections 17200, et seq., and the Private Attorneys General Act (Labor Code sections 2698, et seq.). The parties mediated this action and subsequently Plaintiff's counsel, David Spurr, and Defendants' counsel executed a Memorandum of Understanding resulting from a mediator's proposal. (Perry Decl., ¶ 4; Exh. A.) Plaintiff and Defendants thereafter executed a Class Action Settlement ...

Excerpt: ..., 2018 accident wherein their son, Jordan Grant, was riding his motorcycle on U.S. Route 101 when a car turned in front of him from El Campo Road, colliding with and killing him. Now before the Court is the State's motion for an order permitting the release of photographs of the decedent taken by the San Luis Obispo County Sheriff‐Coroner's Office. As outlined in the State's motion, Senior Deputy Coroner for the County Sheriff‐Coroner's Offic...

Excerpt: ... now moves pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed First Amended Complaint, attached as an exhibit to the motion (the “FAC”), to include allegations and a prayer for punitive damages against Defendant. Plaintiff served her motion on Defendant, but no opposition was filed. Plaintiff argues that she discovered new facts during discovery confirming that Defendant knew that his donkey was a threat to animal...

Excerpt: ...ioners”) filed a petition to determine ownership of the stocks under Probate Code section 850.1 Petitioners named Decedent's daughter, Ginamarie Andreoli (“Respondent”), as the respondent.2 Respondent is the executor of Decedent's estate, and has been serving in that role since testamentary letters were issued to her on February 5, 2019. On March 19, 2020, Petitioner filed a counterpetition stating claims for financial abuse and fraud, and ...

Excerpt: ... trustee of the Trust. Petitioners 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. Settlor Sylvia June Asavis (June1 ) died on January 17, 2019, at the age of 79. June had no children. She was predeceased by Louis Asavis, her husband of 30 years, in 2019. J...

Excerpt: ...aintiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff filed two...

Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...

Excerpt: ...f 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 “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 La...

Excerpt: ...fliction of emotional distress. The dispute arises from Markson's conduct as counsel for defendant in Arthur Mogilefsky v. Panda Express (20LC‐0018), which was filed in this Court on January 6, 2020 (the “Underlying Action”). The FAC alleges that Markson represented Panda Express; and Plaintiff states that Lickerman was in‐house counsel for Panda Express (Opp., p. 2, ll. 27‐28) working with and supervising Markson (FAC, ¶ 12). Accordin...

Excerpt: ...erating the Business, the revenue generated did not compare to the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc., SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch and Karen Hosch. The first five causes of action are alleged against all defendants, and the sixth cause of action for rescission is alleg...

Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...

Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...

Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...