Excerpt: .... Plaintiff alleges that in November 2015, he was involved in a motor vehicle collision where he sustained injuries to his left shoulder area, and for which he subsequently filed a lawsuit. (Complaint, ¶ 9.) Plaintiff alleges that Defendant was retained by the defendants in that action to conduct an independent medical examination (“IME”) on Plaintiff. (Id., ¶ 10.) Plaintiff alleges that Defendant “poked and prodded Plaintiff's non‐coll...

Excerpt: ...�Cal‐West”) (collectively “Defendants”). Plaintiffs allege six causes of action, for (1) breach of contract; (2) breach of implied warranty of habitability/tenantability (Civ. Code, § 1941, Health & Saf. Code, § 17920.3, et seq.); (3) breach of implied warranty of quiet enjoyment (Civ. Code, § 1927); (4) negligence; (5) retaliatory acts (Civ. Code, §§ 1940.2, 1942.5); (6) violation of Rosenthal Fair Debt Collection Practices Act (the...

Excerpt: ...e 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 Goldberg and Coastal Oral's demurrer to the second cause of action for products liability. Specifically, they argue the complaint (1) fails to include facts sufficient to state a cause of action for products liability; and (2) the second...

Excerpt: ...ut performance was to occur both in Paso Robles and Shelby, Michigan. Paragraph 11(B) of both contracts provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agreement shall be governed by and construed and interpreted in accordance with the laws of California. The arbitration shall be held in Cal...

Excerpt: ...fendants' motion for summary judgment. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Cal.App.3d 600, 604‐605.) The moving party has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to a judgment as a m...

Excerpt: ...nation in violation of public policy; (5) retaliation in violation of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. Plaintiffs' complaint alleges that, in 2007, they purchased Lindamar Industries, Inc., a company in the business of manufacturing custom plastic bags. (Compl., ¶ 7.) Plaintiffs allege that in 2016, Premier Packaging Group acquired Lindamar, and continued to...

Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, inc...

Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...

Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...

Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...

Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...

Excerpt: ...om Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked i...

Excerpt: ... request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt. On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. P...

Excerpt: ...l circumstances' exception at issue here. That exception provides that a categorical exemption may not be used ‘where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.' (Guidelines, § 15300.2, subd. (c).) (World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, 491 [internal citations omitted].) Two alternative analyses apply when determining ...

Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...

Excerpt: ...insured 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 via su...

Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...

Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...

Excerpt: ...“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. 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 pe...

Excerpt: ... controlled by Union Pacific. (FAC, p. 4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuri...

Excerpt: ... amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust d...

Excerpt: ...ontract (CC&Rs) (against Orradre), (3) professional negligence (against Martin), and (4) breach of written contract (management agreement) (against Martin). Plaintiffs allege they own commercial real property at 1550‐1566 West Branch Street in Arroyo Grande (Parcel B), and that Orradre Ranch (Orradre) owns commercial real property at 1570 West Branch Street in Arroyo Grande (Parcel A). (Compl., ¶¶ 1, 2.) Plaintiffs allege that Mr. Martin is a...

Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...

Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...

Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...