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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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...

Excerpt: ...nty YMCA as defendants. PCC now moves for summary judgment, or in the alternative, summary adjudication, pursuant to Code of Civil Procedure section 437c. PCC moves on the grounds that Plaintiff has failed to present any competent evidence creating a triable issue of material fact that Plaintiff's claims against PCC have any merit. Plaintiff's action arises out of a February 11, 2017, fall by Plaintiff when she attempted to walk up fixed bleacher...

Excerpt: ...issued for Roche's arrest. The initial forfeiture period gave the bail agent 185 days from the date of forfeiture to locate and return Roche to custody. (Penal Code, § 1305) ABC contends it was close to apprehending Roche as the deadline approached, and thus, on December 16, 2019, requested an additional 180 days to apprehend Roche. (Pen. Code, § 1305.4) The County of San Luis Obispo (the “County”) opposed the extension request and the matt...

Excerpt: ...ement Conference and the matter was set for an OSC re: Dismissal. Plaintiff responded to the OSC by submitting a declaration from counsel setting forth challenges experienced due to the death of counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint were served on all Defendants. At the August 24, 2018 hearing, the Court discharged the OSC. On December 11, 2018, Plaintiff again failed to appea...

Excerpt: ...MC. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fall. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. GMC now moves pursuant to Code of Civil Procedure sections 428.10, 428.30 and 428.50, for an order granting leave to file a Cross‐Complaint for equitable indemnity and declaratory relief against Eric Ford Shepherd (“Dr. Shepherd”) and Roe...

Excerpt: ...) against Defendants on May 29, 2020. The FAC alleges eleven causes of action: (1) breach of contract; (2) false promise; (3) conversion; (4) quantum meruit; (5) quantum valebant; (6) civil conspiracy; (7) unfair competition law; (8) emotional distress; (9) declaratory and injunctive relief; (10) shareholder inspection; and (11) constructive trust. Defendants now jointly and severally demur to each cause of action in the FAC on the grounds that (...

Excerpt: ...residence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet...

Excerpt: ...r the work. On September 19, 2018, Defendants filed a Cross‐Complaint against Plaintiff, Charessa Tatum and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On March 26, 2020, Brown propounded a Request for Production of Documents, Set 3 (“RFP 3”) (Nos. 32‐47), on Plai...

Excerpt: ...y 2020. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Service Award, and Attorneys' Fees and Costs. No opposition has been filed. The settlement provides for a gross settlement amount of $300,000. After deducting administration costs of $12,455, Plaintiff's $5,000 service award, attorneys' fees and costs of $125,000 to class counsel, and a $7,500 payment to the Labor & Workforce Development...

Excerpt: ...ff's lawsuit centers around his July 8, 2017 stay at the Courtyard Marriott Hotel in San Luis Obispo (the Hotel), during which stay Plaintiff alleges he sustained bedbug bites. Plaintiff alleges he has suffered personal injury and monetary damages. Now before the Court is Marriott's demurrer to, and motion to strike, the complaint. Demurrer Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues...