Excerpt: ...th the following facts: Roger G. Tefft, M.D. and Olivia L. Tefft created the Trust on April 23, 2012, and served as the initial trustees. On that same day, Dr. Tefft executed a pour‐over will providing that upon his death all of his property was to be distributed to the Trust. On September 8, 2017, Dr. and Mrs. Tefft resigned as trustees. Carsel then accepted the position as successor trustee. Dr. Tefft died on September 9, 2017, and Carsel has...

Excerpt: ... the complaint was subject to demurrer, and on March 16, 2020, Defendants' counsel sent meet and confer correspondence to Plaintiff's counsel, setting forth their grounds for demurrer. (Diamond Decl., ¶ 2; Exh. 1.) Plaintiff's counsel responded that he would be open to amending the complaint and Defendants received several extensions to file a responsive pleading pending filing of the amendment. (Diamond Decl., ¶ 2.) Plaintiffs failed to file a...

Excerpt: ...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. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plain...

Excerpt: ... and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell used her property in such a way that untreated sewage from an unpermitted septic tank has flowed from the Powell Property to Plaintiff's Property. Plaintiff also alleged that...

Excerpt: ...her share of the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain th...

Excerpt: ...pany of Los Angeles, LLC and EAN Holdings, LLC (collectively “Defendants”) now move for an order compelling Plaintiff to provide further responses to Defendant's Form Interrogatories, Set One, Nos. 2.3, 4.1, 4.2, 17.1 (the “Interrogatories”) and Defendants' Requests for Admissions, Set Two, Nos. 1‐4 (the “RFAs”). Defendants further move for imposition of monetary sanctions against Plaintiff in the amount of $22,220. (Dorenbaum Decl....

Excerpt: ...of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐complaint (FACC) alleges causes of action for (1) breach of wr...

Excerpt: ...iffs”)1 filed this action against Alex Geiger (the dogs' owner; “Geiger”), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments.2 On February 28, 2018, Plaintiffs filed a second amended complaint (“SAC”), which names Sergeant Brett Inglehart (“Inglehart”) of the Exeter Police Department as an addition...

Excerpt: ...aintiffs' second amended complaint (SAC) include San Luis Obispo Defenders, APLC; Patricia Ashbaugh; and Ronald Crawford (collectively referred to as the Attorney Defendants). Plaintiffs plead one cause of action for legal malpractice against the Attorney Defendants. In the SAC, Plaintiffs allege that San Luis Obispo Defenders, APLC was appointed to represent Russell in a felony case entitled People of the State of California v. Russell Hammer (1...

Excerpt: ...uary 14, 2019. Defendant now moves pursuant to Code of Civil Procedure section 426.50 and 428.50 for an order granting leave to file a cross‐ complaint, a copy of which is attached to the motion as Exhibit A. Defendant moves on the grounds that the causes of action asserted in the proposed cross‐ complaint arise out of the same transaction, occurrence, or series of transactions or occurrence as the causes of action brought against Defendant; ...

Excerpt: ... 2019, Hobe and the Estate of Jaqueline Audrey Hobe (collectively “Plaintiffs”) filed a civil action (19CV‐0668) for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach of contract and declaratory relief against Nielsen (the “Civil Action”). Hobe now moves for her expenses in serving Nielsen in the Civil Action. Plaintiffs also both move to consolidate th...

Excerpt: ...e, fell due to the debris strewn about from the collision. Plaintiff suffered unspecified injuries that required hospitalization and surgery. The complaint sets forth causes of action for (1) motor vehicle negligence; (2) general negligence; and (3) intentional tort. Plaintiff also seeks punitive damages based on the fact that Defendant “voluntarily consumed alcoholic beverages to the point of intoxication, knowing from the outset that he would...

Excerpt: ... latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Keystone's demurrer to the first cause of action for professional negligence, second cause of action ‐ count one (strict liability), and second cause of action ‐ count three (breach of warranty). K...

Excerpt: ...tomobile accident allegedly caused by Mark Tenhet, II on April 11, 2017, on the U.S. 101 highway northbound, near Del Rio Road in San Luis Obispo County. The SAC seeks punitive damages against Defendant only. According to the SAC, Defendant made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate which, in turn, sent Plaintiff's vehicle into a roll. ...

Excerpt: ...dispute arises from a 2015 Memorandum of Agreement (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.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned b...

Excerpt: ...n Luis Obispo (“the City”), on March 24, 2020. The parties have filed multiple stipulations and orders extending the time for the City to respond. Andrews now moves for preference pursuant to Code of Civil Procedure section 36(a) on the grounds that Andrews is 79 years of age, has a substantial interest in the action and her health is such that a preference is necessary to prevent prejudicing her interest in the litigation. Code of Civil Proc...

Excerpt: ...ring on the permanent injunction on August 10, 2017, and both the County and Defendant appeared. Defendant was sworn in and testified at the hearing. Thereafter on August 31, 2017, this Court entered a Final Judgment and Permanent Injunction against Defendant (the “Order”). The Court retained jurisdiction to enforce the injunction. Currently before the Court are an Order to Show Cause (“OSC”) re: Contempt, which was set upon the ex parte ...

Excerpt: ...urance agreement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery,...

Excerpt: ...Obispo County YMCA as defendants. First Assembly of God of Arroyo Grande (“Defendant”) now moves to compel Plaintiff to submit to a neuropsychological examination. The parties have extensively met and conferred, Plaintiff agrees to submit to an examination, and the parties generally agree on the terms of the examination. The examination is to be conducted by George K. Henry, Ph.D. (“Dr. Henry”), in order to ascertain the nature and extent...

Excerpt: ...ively, “Respondents”). Since that time, the matter has been continued by stipulation of the parties as they engaged in settlement discussions. On April 20, 2020, Petitioner filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of t...

Excerpt: ... September 13, 2019, Plaintiff names as Defendants: the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lopez; Santa Barbara County Counsel Maria Novatt; Judge Jean Dandona; Public Defender Daniel Murphy; Loss and Prevention for the County of Santa Barbara Samantha Francis; Foster Agency Blanca Diaz; and Santa Barbara Coun...

Excerpt: ...me causes of action. The FAC alleges that in 2011, Caltrans realigned and expanded existing Highway 46 causing the Wicks' home to vibrate, thereby interfering with their use and enjoyment of the property and causing physical damage to the structure of their home (e.g., cracks in the walls and ceiling). Currently before the Court is Caltrans' demurrer to the second and third causes of action. For the reasons set forth below, the Court overrules th...

Excerpt: ...: You acknowledge that I have advised you that I desire to arbitrate any and all disputes arising out of any provisions of services that I provide you. This includes any legal malpractice which you may hereafter claim regarding the matter for which you are hiring me. It also includes any claim for any intentional tort, fraud, claimed statutory violations or any other legal theory or claim which is ancillary to the underlying legal malpractice cla...

Excerpt: ...re due on March 25, 2020. The first set of RFAs included 77 requests: 47 of which inquired into the truth of certain factual matters and 30 of which sought admissions regarding the genuineness of certain documents. On March 18, 2020, Hazeltine served by mail a second set for RFAs on Petitioner. Petitioner's responses were due on April 22, 2020. The second set of RFAs contained a single request seeking admission of the genuineness of a document th...

Excerpt: ...(FEHA); (3) wrongful termination in violation of public policy; and (4) promissory estoppel. Plaintiff's complaint alleges that in 2017, Plaintiff learned that her daughter was pregnant and expected to give birth in February 2018. (Compl., ¶ 9.) Plaintiff alleges that she requested time off to care for her daughter, which time off request was initially approved by Mark Schieber, her boyfriend and supervisor. (Id. at ¶¶ 7, 9.) Mr. Schieber alle...