Excerpt: ...MW SLO, which BMW SLO accepted. On August 23, 2022, judgment was entered against Defendants pursuant to that offer. Pursuant to the accepted 998 Offer, the parties stipulated for purposes of the offer and acceptance that judgment would be entered against BMW SLO in the amount of $47,021.75, exclusive of costs; that Plaintiff is the "prevailing plaintiff as used and defined by Civil Code section 1794, subdivision (d); and that Plaintiff would surr...

Excerpt: ...ing yard at property located at or near 550 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. On October 19, 2022, this Court denied Plaintiff's motion for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Now before the Court is Plaintiff's renewed motion for preference. Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to the motio...

Excerpt: ...ved with the summons and complaint on May 13, 2022. Hansen did not file a responsive pleading, and default was entered on August 11, 2022. Hansen now moves to set aside the default. The Court is not in receipt of an opposition; a proof of service is on file. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Cod...

Excerpt: ...C (Defendants). Plaintiffs also seek an order holding Belsher in contempt of court. Defendants oppose the motion. Relevant Factual Background This case has been heavily litigated. Of note are the following motions: On June 30, 2022, this Court denied Plaintiffs' motion to compel discovery as moot. The Court granted Plaintiffs' request for sanctions and ordered Belsher to pay Plaintiffs $2,695 in sanctions within 30 days. In the instant motion, Pl...

Excerpt: ...dential housing project in Lompoc, California. The loans were brokered by defendant Mid-coast Capital, Inc. ("MCC'). The lender of four of the five loans in question was non-party Miller Family Trust ("Trust"). The loans were secured by deeds of trusts on various lots of real property (Lots 1-5). At some point, Plaintiff decided to pursue a construction loan with RC8 Equities and agreed with RCB that it would have the lenders on the five loans re...

Excerpt: ...wned by Henry Pangelinan ("Pangelinan") and leased by the Hickeys (the "Condo".) Allegedly, the fire began when the Grays, who were social guests of the Hickeys, negligently used the oven in the Condo. The Condo is part of the BaycliffVillage Homeowner's Association, which is insured through Traveler's. Now before the Court is the Grays' motion for summary judgment. The Grays have raised the issue of whether a social guest should be treated as a ...

Excerpt: ...le a responsive pleading. A default judgment was entered on October 20, 2022. Notice of Entry of Judgment was served on October 24, 2022. Joseph filed the subject motion to set aside default on October 28, 2022. Jemmstone, LLC filed opposition to the motion on March 10, 2023. Joseph filed his reply on March 21, 2023. Joseph seeks discretionary relief from default based on excusable neglect. Joseph declares that he worked for many years on commerc...

Excerpt: ...lapsed under her. On June 30, 2022, Defendant served Requests for Production Set One ("RFP"), Form Interrogatories Set One, and Special Interrogatories Set One (collectively "interrogatories") on Plaintiff. On August 17, 2022 Plaintiff served her responses to all discovery requests. Plaintiff served an amended response on October 25, 2022. Defendant's counsel attempted a meet and confer by letter dated November 21, 2022. (Declaration of Matthew H...

Excerpt: ...endants' motion to disqualify Plaintiff's supplemental expert witness Mark Apodaca. Under [Code of Civil Procedurel ] section 2034.210, subdivision (a), a party may demand a mutual and simultaneous exchange of each expert witness that any party 'expects to offer in evidence at trial.' And section 2034.260, subdivision (b)(l), requires an expert witness disclosure to list every expert 'that the party expects to offer' in evidence at trial... The s...

Excerpt: ...nswer on June 22, 2022. Wells Fargo now moves for summary judgment pursuant to Code of Civil Procedure section 473c. Wells Fargo moves on the ground that there is no triable issue of fact as to each of its six causes of action. Its motion is supported by its separate statement, a declaration from counsel, Defendant's responses to Wells Fargo's Requests for Admission, and the declaration of Plaintiff's Qualified Witness Margaret Schulze, Loan Work...

Excerpt: ...ownership of real property at 118 Clydell Court in Pismo Beach, California (the Property). Plaintiff alleges that he is the owner of an undivided 90% interest in the Property and Defendant is an owner of an undivided 10% interest in the Property. (Comp., "1 3, 4.) Plaintiff alleges that he and Defendant entered into a written agreement providing that he would convey Plaintiff a 10% undivided interest in the Property, and that the parties would li...

Excerpt: ...ustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees of $58,772 pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought ...

Excerpt: ..., failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After a mediation with Glenn E. Lerman, Esq„ the parties have reached a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the class action settlement, wherein Plaintiff requests the ...

Excerpt: ...empleton, CA (the "Property"), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related to that Property. l. Background On or about May 17, 2006, Plaintiff obtained a $950,000 loan ("Loan") from Homecoming Financial Network, Inc. as evidenced by an Adjustable Rate Note dated May 17, 2006 and secured against the Property by Deed ofTrust recorded June 1, 2006. (UMF 1.) (Declaration of Gina Fe...

Excerpt: ... Exs. E, F, G.) Plaintiff found certain responses to be insufficient. After meeting and conferring, and follow-ng extensions of tme to respond, Plaintiff filed motons to compel further responses to certain RFPs, RFAs, and form interrogatories. Smart72 served amended discovery responses on Plaintiff concurrently with its opposition brief. (Further Supplemental Declaration of Rebecca Peterson-Fisher (F. Supp. Peterson-Fisher Dec.), 1, Ex. A.) Smart...

Excerpt: ...ants Chad M. Reinhart; Jessica Reinhart née Stout; Stone Mountain Retreat, LLC; and Stone Mountain Ranch, LLC. The complaint asserts causes of achon for (1) breach and overburdening of easements; (2) trespass; (3) nuisance; (4) declaratory relief; and (5) injunctive relief. The Verified Complaint Plaintiffs' verified complaint sets forth the following facts. The Properties and Easements Plaintiffs and Defendants are neighbors who live on Davis C...

Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...

Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...

Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon is filed against the California Department of Parks and Recreation (State Parks), County of San Luis Obispo (the County), California Department of General Services (DGS), State of California, San Luis Obispo County Air Pollution Control Distri...

Excerpt: ...20, 2022. Defendant did not file a responsive pleading, and default was entered on March 3, 2022. Defendant now moves to set aside the default. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., S 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entr...

Excerpt: ... to ASH personnel for a "preference diet." Currently on calendar is Plaintiff's request that the Court provide a court reporter to serve as a deposition officer for written depositions via video conferencing, or in the alternative, that the Court appoint a deposition offcer to conduct the written depositions, and have the defendants bear the cost. ASH opposes the request that it pay for the deposition officer.l Wr-tten depositions are authorized ...

Excerpt: ...nated; and that We Is Fargo failed to provide Plaintiff with a reasonable accommodation and failed to engage in the interactive process. Now before the Court is Defendants' motion for a protective order and request for sanctions in the amount of This motion relates to Plaintiff's attempt to take the deposition of non party Christopher Smith. In general, depositions of any person may be taken without leave of court at any time during the pendency ...

Excerpt: .... Now before the Court are Plaintiff's four unopposed motions to compel and request for sanctions. On May 26, 2022, Plaintiff propounded Supplemental Interrogatories and Supplemental Requests for Production Set Two. (Declaration of Tonya Ortega ("Ortega Decl.") 93, Ex A.) The parties mutually agreed to extend the response date to July 6, 2022. As of the filing of the motion, Defendant has not served outstanding responses. (ld. at '14.) On June 16...

Excerpt: ... incarcerated as a result of Defendants' negligence. (Gov. Code, S 815.6.) Now before the Court is Defendants' motion for judgment on the pleadings. The Court grants Defendants' request judicial notice of Governor Newsom's proclamation of the state emergency dated March 4, 2020. l. Background Plaintiff is an inmate at CMC, and at all times relevant to this cause of action was housed in Dorm 12 and had a COVID-19 risk score of 3. (Complaint Cause ...

Excerpt: ...) Plaintiff opposes the demurrer.1 Demurrers can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 C3d 311, 318.) The court must draw all reasonable inferences in favor of the plaintiffs, not the defendant. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1239.) I. Background2 Crosbie's allegation...

Excerpt: ...to the Handleys into equity in the development of the Resort Project at issue in this matter; • Declaratory relief ordering that the Handleys are not in breach of the loan agreements that were the subject of the Settlement Agreement; • Injunctive relief asking for an order prohibiting Stier from taking any action to enforce said loan agreements either through foreclosure or a money judgment; • Include in the prayer for relief a request for ...

Excerpt: ... Now before the Court is Defendants' motion to compel Plaintiff to appear for her deposition. The Court will not delve into the meet-and-confer communications between counsel. Suffice to say, Plaintiffs' counsel (located in Los Angeles) and defense counsel (located in Novato) cannot agree on the date, location, and manner of Plaintiff's deposition. The gist of the parties' dispute is whether Plaintiff will appear for her deposition in person, or ...

Excerpt: ...vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head-on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admission (RF...

Excerpt: ...ya Ortega (“Ortega Decl.”) ¶ 4, Ex. A.) Each deposition subpoena also requested extensive document production related primarily to Plaintiff's workers compensation claims and benefits. Plaintiff now moves to quash the subpoenas and for a protective order. Plaintiff also seeks sanctions against defense counsel. Plaintiff argues that the depositions were set unilaterally on a date upon which Plaintiff's counsel, Ms. Ortega, was not available a...

Excerpt: ... located at 802 Park Way, in Arroyo Grande (the Property). Plaintiffs allege that Mary Kim and her husband Kenny Kim, through the Trust, purchased the Property in 2018 for Plaintiffs. Mary and Kenny made a private loan to Plaintiffs, memorialized by a promissory note, requiring Plaintiffs to make monthly payments on the $485,000 note. Plaintiffs allege they paid at least $500 per month in cash per the note's terms, from October 2018 to November 2...

Excerpt: ...nts kept by Plaintiff, that constituted the principal record of transactions between Plaintiff and Defendant relative to Defendant's credit card account, and none of the statements were disputed by Defendant. Defendant opposes the motion. The Court grants Plaintiff's request that the Court take judicial notice of 15 U.S.C. section 1666, and 12 C.F.R. section 202.12. Plaintiff's motion is supported by its separate statement of undisputed material ...

Excerpt: ...lopment Permit Project No. P20-000076 (the Permit). The Amended Petition requests a writ directing the City to approve the Permit “without any unlawful conditions attached.” (Amd. Pet., p. 14, ll. 1- 4.) Currently before the Court is the City's demurrer to the Amended Petition on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, the City argues that Petitioner...

Excerpt: ...ction and response to the Petition. On August 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal. Petitioner opposes the motion. No reply is on file. Respondent filed her motion pursuant to Probate Code section 17202, which provides that the court may dismiss a petition if it appears that the proceeding is not reasonably necessary to protect the interests of the trustee or beneficiary, ...

Excerpt: ... judgment on those causes of action. No opposition has been filed. Wells Fargo, as the moving party, bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Wells Fargo makes a prima facie showing, then the burden shifts to Taber to show the existence of a triable issue of ma...

Excerpt: ...l wages due, including minimum, regular, and overtime wages as a result of Defendant's policy of improperly paying its non-exempt hourly employees; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; and (5) failure to pay wages upon ending employment of terminated or resigned employees. (Compl., ¶ 2.) Plaintiff alleges that she was employed by the Defendant from on or about ...

Excerpt: ... the FAC alleges that Plaintiffs were forced to do work for Defendant as mechanics and personal attendants and as such, are entitled to compensation as employees. Defendant now demurs to the entire FAC pursuant to Code of Civil Procedure sections 430.10, subds. (e) and (f) on the grounds that it fails to state a cause of action and is uncertain.1 Plaintiff opposes the demurrer. No reply is on file. Defendant's counsel submitted a declaration chec...

Excerpt: ...al and emotional injuries. The complaint sets forth the following causes of action: (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) now move for summary judgment on the ground Plaintiff cannot prove causation, an essential element of each cause of action. (See CACI Nos. 400, 1300, 1600, 1901, 2021.) To satisfy their in...

Excerpt: ... Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, D...

Excerpt: ...) III. Although Lowry served as the interim Harbor Chief from September 2011 to October 2015, he voluntarily returned to the HPO III position. On March 11, 2016, when descending the rungs of an open ladder mounted to a pile of the pier, Lowry's legs became entangled with the ladder leaving him stuck and suspended upside down with his head and upper body submerged in the water. As a result of the accident, Lowry sustained physical injuries and was...

Excerpt: ...ed. Now before the Court is Plaintiff's motion to compel the County's further responses to requests for production of documents, set one (the RFPs), and request for sanctions in the amount of $1,560.00. As of the date of this ruling, the County has provided supplemental responses to the subject RFPs, Nos. 1 through 11 and 15. The supplemental responses do not comply with the Code of Civil Procedure. A party has three options in responding to requ...

Excerpt: ...ted at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed-term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...

Excerpt: ...timely motion for summary judgment.2 Opposition to the motion may be made orally at the hearing or in writing. (Cal. Rules of Court, rule 3.1351(b).) No opposition has been filed. However, even when unopposed, the trial court is required to determine that no dispute of material fact exists, and that the moving party is entitled to judgment as a matter of law. (Code of Civ. Proc. § 437c(c).) Plaintiff, as the moving party, bears the burden to pro...

Excerpt: ...ed at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed- term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...

Excerpt: ...andling of body and remains, (5) negligence and negligence per se, (6) intentional infliction of emotional distress for mishandling of body and remains, and (7) negligent handling of a corpse and infliction of emotional distress. In the complaint, Plaintiff alleges she is a Trustee of the Ruth Madocks Trust (the Trust) and was specifically authorized by the Trust to carry out Ruth Madocks' wishes regarding her remains and memorial service. (Compl...

Excerpt: ...hysical Education issued by the Commission. (Respondents' Request for Judicial Notice [RFJN], Ex. A, p. A-10, ¶ 1.) On December 17, 2021, following a four-day hearing, the Commission issued a decision revoking Petitioner's credential. (Id. at p. A-4; Pet., ¶ 48.) The decision became effective on January 16, 2022. (Id. at p. A-4; Pet., ¶ 46.) With his petition, Petitioner requests that the Court issue a writ of mandate commanding Respondents to...

Excerpt: ...f Pismo Beach pier on September 12, 2020. Plaintiff claims that due to the unsafe design and manufacture of the slide, Plaintiff slid down the slide at a very high rate of speed, causing significant injury. (Second Amended Complaint (SAC), ¶¶ 14-15.) Plaintiffs allege causes of action including negligence, strict products liability, and loss of consortium. Cannon now moves for summary adjudication as to Plaintiffs' first cause of action for neg...

Excerpt: ...Kathryn Specchierla, Lawrence Specchierla, and Maureen Harty Specchierla, as co- trustees of the Specchierla Family Living Trust.1 The complaint sets forth causes of action for: (1) Wrongful Interference with Easement; (2) Quiet Title to Easement; (3) Trespass; (4) Nuisance; (5) Declaratory Relief; and (6) Injunctive Relief. On December 31, 2020, Michael Specchierla and Trustee Maureen Specchierla filed a cross- complaint against Plaintiffs. Kath...

Excerpt: ...ein filed a first amended complaint (“FAC”) on May 25, 2022. The FAC does not identify any causes of action. Cyr filed a demurrer and motion to strike, arguing the FAC is barred by the applicable statute of limitations, fails to state facts sufficient to constitute a cause of action, and as a whole is uncertain. For the reasons set forth below, the demurrer is sustained without leave to amend. Cyr's motion to strike is granted without leave t...

Excerpt: ... is the District's demurrer to the FAC. The details of this case have been extensively discussed by this Court in a related case seeking a writ of administrative mandamus: Crawford v. Cayucos Sanitary District, case no. 21CV-0554, and will not be reiterated here. The basic facts are that Plaintiff was a civil service employee for the District from March 26, 2012, until March 31, 2021, when she was terminated after a noticed hearing. Plaintiff all...

Excerpt: ...mple Finance Charge, whereby Defendants agreed to buy, and the dealer agreed to sell a 2015 Toyota Camry. (Compl., Ex. 1.) Plaintiff alleges Defendants agreed to make monthly payments on the outstanding balance plus interest. (Compl., ¶¶ 6, 7.) Plaintiff alleges it has been assigned all rights and interests in the contract by the dealer. (Compl., ¶ 10.) Plaintiff alleges Defendants have breached the contract by failing to make the required ins...

Excerpt: ... managing member and signed a declaration on its behalf for the issuance of the permit. (Id. at Ex. 3, p. 0035.) On October 22, 2019, Respondents granted the issuance of a permit, subject to Petitioner's compliance with the applicable Municipal Code provisions. On October 20, 2020, Dayspring transferred his interest in Petitioner to Valnette Garcia. (Pet., ¶ 20, and Ex. F. at NHCSLO000046.) On or around July 28, 2021, Dayspring entered into a pl...

Excerpt: ... Property) to Plaintiffs pursuant to a September 3, 2021 Residential Purchase Agreement and Joint Escrow Instructions. (Compl., ¶ 6.) Plaintiffs allege the Property is located within the Cypress Ridge Owners Association (CROA) and is adjacent to the Cypress Ridge Golf Course (the Golf Course). (Id. at ¶ 7.) Plaintiffs allege one of the reasons they were drawn to the Property was because it fronts Avocet Lake. (Ibid.) Plaintiffs further allege t...

Excerpt: ...laintiff on July 14, 2020. No trial date is set. Now before the Court is Plaintiff's motion for leave to file an amended complaint. Legal Authority “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473, subd. (a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, a court's discretion usually will...

Excerpt: ...od faith and fair dealing (against TJC); (3) enforcement of stop payment notice (against TJC and the County); (4) recovery on payment bond (against Travelers and TJC); and (5) violation of prompt pay statutes for unpaid progress payments (against Travelers and TJC). In the FAC, Plaintiff alleges that it provided labor, service, equipment, or material, or a combination thereof, for a public works contract authorized by the contractor, TJC. (FAC, �...

Excerpt: ...Edmunson was driving a truck tractor towing a trailer loaded with an excavator on Highway 101, when a tire blew out. As a result, Edmunson lost control of the truck tractor, veering off the paved highway and striking a guardrail on an overpass. The collision dislodged the excavator, which fell over the side of the highway, landing atop Decedent's vehicle, and crushing it. (Cmp., ¶¶ 4, 15‐17.) Myers is the “for‐hire carrier and owner of th...

Excerpt: ...nal Counselor, had a plan, whereby Defendant was supposed to make deals on Plaintiff's behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. Now before the court is Defendant's demurrer to the complaint. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., §§ 422.10, 589; Donabedia...

Excerpt: ... At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. In addition, Specialty had previously instituted its own action (20CV‐0167) again...

Excerpt: ... San Luis Obispo. Now before the Court is Defendants' motion for orders to stay deposition, quash deposition notice, and for a protective order preventing the deposition of Plaintiff's expert witness, Mary Jane Alumbaugh, Ph.D. Dr. Alumbaugh is an expert retained by Plaintiff on the issue of Plaintiff's emotional distress damages. Legal Authority. Code of Civil Procedure1 section 2025.010 provides a party's options to object to a deposition notic...

Excerpt: ...tlement conference (MSC) with Attorney/Mediator Andrew Weiss. The parties reached a settlement, which they memorialized on the record. That settlement has now fallen through. Specifically, Plaintiff Dennis Harms, now representing himself in pro per, has refused to participate in the drafting of the settlement documents with his former counsel, Matthew Nash. (According to the Court's records, Mr. Nash is still the attorney of record for Plaintiffs...

Excerpt: ... paralyzed from the waist down when he misjudged the size of a sand dune, drove over the top and crashed at the bottom. Plaintiff signed a waiver when he rented the ATV that expressly released Sun Buggie from any injuries he might sustain riding the ATV at the Park. Plaintiff's First Amended Complaint, filed on July 7, 2021 (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct; and 2) neg...

Excerpt: ...d assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, Davis and Edwards3 are the form...

Excerpt: ...porter. Defendant was terminated on November 5, 2019. Plaintiff alleges one cause of action under the Private Attorneys General Act, Labor Code sections 2698, et. seq. (PAGA) for wage and hour violations. Now before the Court is Plaintiff's motion for approval of PAGA settlement. Plaintiff requests that the Court issue an order: 1) granting approval of the proposed settlement under the Private Attorneys General Act, Labor Code sections 2698, et s...

Excerpt: ... of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza‐Alvarez. The complaint alleges that Arayza‐Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza‐Al...

Excerpt: ...ng the ride, Plaintiff and 13 other riders were guided through several different legs of the tour over several days. On March 13, 2019, Plaintiff and the group were riding from Parkfield to Cambria. A portion of this leg was through remote, open range cattle country on Bitterwater Road in San Luis Obispo County. During this leg, Plaintiff crashed his motorcycle into a crack on the roadway 2.4 miles south of Bitterwater Valley Road and Bitterwater...

Excerpt: ... his vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head‐on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admiss...

Excerpt: ...ts demurred to the FAC, and on September 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. On November 1, 2022, Defendants filed notice of ruling on the demurrer, filed an answer to the FAC, and filed a cross‐complaint. On November 30, 2022, Plaintiff filed a motion to strike Defendants' answer to the FAC, and a motion to strike Defendants' cross‐complaint. On January 1, 2022, Defendants filed a fi...

Excerpt: ...nding balance of $7,512.10. Plaintiff seeks to recover this amount. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima ...

Excerpt: ...tories, special interrogatories, and requests for production (RFPs). After obtaining an extension, Plaintiff's responses were due on June 22, 2020. On June 1, 2020, Plaintiff's former counsel filed a Notice of Motion to be Relieved as Counsel, which the Court granted in September 2020. Defendant subsequently served the discovery on Plaintiff directly on September 10, 2020. On October 26, 2020, Defendant's counsel sent a letter to Plaintiff inform...

Excerpt: ...int pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiff cannot assert a common law negligence claim against a public entity, and that Plaintiff's dangerous condition claim is subject to the police protective immunity pursuant to Government Code section 845. The Court sustained the demurrer with leave to amend only as to the second cause of action for dangerous condition of public property. On April 1, 2022, Plainti...

Excerpt: ...October 13, 2022, Petitioners began the process of clearing dates to take the deposition of Respondent. (Declaration of Alex N. Newsum (Newsum Dec.), ¶|3; Ex. A.) On October 14, 2022, Petitioners served a Notice of Taking Deposition of Respondent, Margaret Flinn, with production of documents, setting the deposition for October 26, 2022 at 10:00 a.m. (Id., ¶ 5; Ex. C.) Petitioners' counsel also served a letter that indicated the Deposition Notic...

Excerpt: ...ueline Hobe) to sell the Property. The answer further alleged that as Jacqueline's heir, Dale was entitled to possession of the Property.2 On November 7, 2019, Dale and the Estate of Jacqueline Hobe (collectively, Plaintiffs) filed a civil action against Nielsen. The civil complaint sets forth causes of action for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach...

Excerpt: ...s counsel. (Id., ¶¶ 2, 3.) Mount now moves to compel responses without objections to his Form Interrogatories dated June 29, 2022, within two weeks of the date of this order. Mount further moves for monetary sanctions in the amount of $2,560 including filing fee, and attorney time at an hourly rate of $500 per hour, subject to increase if a reply brief is necessary. (Whitehead Dec., ¶¶ 4, 5.) Graciano's opposition challenges only the amount o...

Excerpt: ...ation filed on October 12, 2021, by defendant and cross‐complainant Miracle Construction Company Incorporated d/b/a Miracle Play System (Miracle) against co‐defendants Universal Precast Concrete, Inc. (UPC), RRM Design Group, Vernon Edwards Constructors, Inc., Safeplay by Design, Inc,. The City of Pismo Beach and Cannon Corporation (the Cross‐Complaint). Miracle now moves for summary adjudication as to the third cause of action for express ...

Excerpt: ...de a policy of workers compensation insurance to the Defendant, bearing Policy No. 9273402‐20 (covering the period of March 24, 2020 through February 26, 2021) and Defendant agreed to pay premiums in accordance with the terms and conditions of said policy, which provided for payment of premiums.” (Compl., ¶ 11.) Plaintiff alleges that Defendant breached a portion the agreement requiring Defendant to “submit to and allow Plaintiff's Assigno...

Excerpt: ... appeared for his noticed deposition, and Jay Raftery (Raftery), counsel for plaintiffs Judkins, Marsh Higuera Mixed Use, LLC, and the Donald R. Judkins and Maxine Judkins Recovable Trust dated January 3, 1985 (collectively Plaintiffs), appeared at both the Judkins and Adams depositions. Belsher failed to notify Raftery that the depositions were cancelled and failed to appear at either deposition. (See Declaration of Jay L. Raftery (Raftery Dec.)...

Excerpt: ...at California Polytechnic University, San Luis Obispo (Cal Poly), the Vista Grande Project (the Project). DLR entered into a contract with the University to provide architect/engineer design professional services to the Project (the A/E Agreement). DLR now demurs to the entire complaint alleged against it by the Corporation, as well as each of the two causes of action contained therein on the grounds that they fail to state facts sufficient to co...

Excerpt: ...Inc., Hanson Aggregates, LLC, and Hanson Aggregates Mid‐Pacific, LLC (formerly known as Hanson Aggregates Mid‐Pacific, Inc.) (HAMP) (collectively, Defendants), and sought preliminary approval of the class action settlement.1 Plaintiff's motion for preliminary approval was granted on June 1, 2022. Now before the Court is Plaintiff's unopposed motion for final approval of the class action settlement. Plaintiff moves the Court for an order appro...

Excerpt: ...his treatment program. On May 31, 2022, Plaintiff served a Civil Subpoena Duces Tecum (the Subpoena) on Defendant. The Subpoena sought “all audio/video recordings of the interactions between John E. Odum and Larry Curlee that took place on April 17, 2019, and May 15, 2019.” The documents were to be produced on July 18, 2022. The parties have a history of discovery disputes regarding Plaintiff's attempts to obtain any audio/video recordings of...

Excerpt: ...‐ complaint against Plaintiffs. The dispute concerns the use and maintenance of an easement which crosses Defendant's property for the benefit of Moonstone's and Mr. Rust's parcels.1 Plaintiffs now seek leave to file a first amended complaint to add causes of action for nuisance and negligence. Plaintiffs state they realized their entitlement to assert such claims after attending mediation in February 2022. (Carrasco Decl., ¶ 5.) Replogle oppo...

Excerpt: ...5.16 (i.e., the anti‐SLAPP statute)1 and dismissed the matter. The Court also found that Defendants were entitled to recover their costs and fees in connection with the anti‐SLAPP motion. Two months later, the Court awarded Defendants their attorney's fees and costs in the amount of $17,200. (§ 425.16(c).) Plaintiff has appealed both decisions. 2 An appeal of an order granting an anti‐SLAPP motion automatically stays all further proceeding...

Excerpt: ...es a claim against Wood's contractor's license bond. Wood and ACIC answered the complaint on July 18, 2019, and filed a cross‐complaint against Plaintiff that same day. Currently on calendar is ACIC's Motion for Judgment on the Pleadings. ACIC argues the claim on the contractor's license bond is barred by the relevant statute of limitations. (Code Civ. Proc., § 438(c)(1)(B)(ii)). Plaintiff opposes the motion arguing the parties agreed to toll ...

Excerpt: ...gh her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc. and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Like Machado, Ginger, who served as McKinsey's long‐time bookkeeper fr...

Excerpt: ...(SAC, p. 4.) Plaintiffs allege that Defendant knew Thomas, 21 years old at the time of his death, was an alcoholic but supplied him with an excessive amount of alcohol on the night of his death. Plaintiffs allege that, after encouraging Thomas to become excessively intoxicated, Defendant failed to call 911, or otherwise report Thomas's intoxication. Plaintiffs further allege Defendant abandoned Thomas on the night of his death. Plaintiffs allege ...

Excerpt: ... open book account and account stated in the amount of $11,909.78. WP Group failed to file an answer, and default was entered as to it on May 24, 2022. FNB now moves for summary judgment against Westbay1 on both Westbay's complaint, and FNB's cross‐complaint. The Court grants FNB's unopposed request for judicial notice pursuant to Evidence Code section 452, subdivisions (d) [Exhibits D‐H] and (c) [Exhibit I].) Westbay opposes the motion. I. S...

Excerpt: ...ive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. This lawsuit concerns the parties' ongoing disputes regarding the commercial development known as the SLO Public Market at Bonetti Ranch (the Project). On November 4, 2020, this Court granted Defendants' motion to compel arbitration, staying the lawsuit as to all claims with the exception of claims for the appointm...

Excerpt: ...reatment program. On March 10, 2022, Defendant propounded a Deposition Subpoena for Production of Business Records (the Subpoena) on CSH. The Subpoena seeks, “[a]ll documents and communications relating or referring to Larry Curlee and his participation in the Sex Offender Treatment Program at [CSH].” (Voss Decl., Ex. A.) Defendant objected to the Subpoena by completing an “Objection by Non‐Party to Production of Records.” (Curlee Decl....

Excerpt: ...and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiffs' Motion for Preliminary Injunction.1 At a hearing...

Excerpt: ...ide rest periods and premium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). The parties mediated the dispute over a full day with experienced professional mediator Scott Radovich. (Declaration of Ruben Escobedo. ¶ 4.) Plaintiff and Defendant settled, and Plaintiff...

Excerpt: ...iability. This lawsuit arises out of a series of shootings that occurred on June 10, 2020 in Paso Robles. A man named Mason Lira, now deceased, shot Plaintiff Nicholas Dreyfus in the face; Nicholas1 survived. At the time, Nicholas was a San Luis Obispo County Sheriff's Deputy. Tyler is Nicholas's wife. Lira also shot and killed James Watson, the father of Plaintiff Johnny Watson. Plaintiffs have sued Robert Bettencourt, an attorney, whom Plaintif...

Excerpt: .... The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 Petitioners now seek leave to file a First Amended and Supplemental Petition for Writ of Mandate. Specifically, Petitioners seek to add (1) allegations ...

Excerpt: ...opted Map). The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 On February 24, 2022, Petitioners propounded on the County of San Luis Obispo and the Board (collectively, the County) a first set of requests...

Excerpt: ...intiff alleges that various defects and nonconformities have manifested since she signed this contract, and that Defendant has been unable to conform the Vehicle to the applicable express warranty after a reasonable number of repair attempts. (Comp., ¶¶ 15, 17, 18.) Plaintiff's complaint sets forth two causes of action for violations of the Song‐Beverly Act: (1) breach of express warranty and (2) breach of implied warranty. Defendant moves to...

Excerpt: ...on, unpaid wages, and unreimbursed business expenses. Plaintiff now moves for leave to file a proposed First Amended Complaint (FAC). Plaintiff seeks to add causes of action for violations of Labor Code sections 1194, 510, 221, 2802, 201‐203, 226, 558.1 and 1102.5, wrongful termination in violation of public policy, and defamation in violation of Civil Code sections 44‐46. (See Ex. A. to Supplemental Declaration of Rebecca Peterson‐Fisher (...

Excerpt: ...he sole trustee. On November 22, 2016, Decedent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on January 9, 2023. Currently before the Court are Petitioner's motions to compel further responses to ...

Excerpt: ...ior to filing the demurrer. (See Declaration of Donald L. Mabry.) Plaintiff opposes the demurrer. I. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., § 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) The court must draw all reasonable infere...

Excerpt: ...li that same day. On June 18, 2019, Laurie Siegenthaler (Siegenthaler) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud, and alleging Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. On June 24, 2022, Andreoli propounded a Demand for Pr...

Excerpt: ...now move for leave to file a Second Amended Petition (SAP). (Ex. A.) Defendants oppose the motion. No trial date is set in the action. Plaintiffs seek to amend the petition to add an additional cause of action for preliminary and permanent injunction based on allegations that Defendant has been accessing its water company equipment via a road on Plaintiff's proper that it has no right to. (Declaration of Andrew W. Hays (Hays Dec.), ¶ 2.) Plainti...

Excerpt: ... and fair dealing re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. On July 18, 2022, both Defendants (hereinafter referred to as Cross‐Complainants) filed a first amended cross‐complaint (FACC) against Plaintiff and Joanne Russell (collectively referred to herein as Cross‐Defendants) asserting causes of action for (1) breach of contract, (2) fraud...

Excerpt: ...Petitioner now brings its petition seeking to compel the District to arbitrate a dispute regarding a disciplinary action taken by the District against a Union member, Andrew Kranes (Kranes), pursuant to a collective bargaining agreement (CBA) between the Union and the District. (Petition, Ex. A.) Kranes filed a Level One and Level Two grievance under the CBA in regard to the disciplinary action, namely a Letter of Reprimand dated September 22, 20...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...