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: ...“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: ...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: ...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: ... (the Citation) against Plaintiff, assessing a penalty in the amount of $17,100. (Compl., p. 4, ¶¶ 1, 2.) Plaintiff alleges the Citation asserts certain regulatory failures and that such failures presented an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result. (Compl., p. 4, ¶ 3.) Plaintiff alleges that the asserted regulatory failures did not occur, “or were ...

Excerpt: ...business of marketing 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 insura...

Excerpt: ...business of marketing 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 insura...

Excerpt: ...orth various affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is US Bank's motion for summary judgment, or in the alternative summary adjudication. The motion addresses the first two causes of action. No opposition has been filed. As an initial matter, the Court grants US Bank's request for judicial notice. (Evid. Code, § 452(a)‐(c).) As the moving party, US Bank has the initial burden ...

Excerpt: ... trial setting under Code of Civil Procedure section 36,1 which provides as follows: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in litigation. P...

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...

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: ...ach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship. On October 8, 2019, Benham and Bening (collectively “Defendants”) filed a Cross‐Complaint against Plaintiffs, alleging five causes of action, for (1) fraud; (2) fraud and deceit; (3) accounting; (4)...

Excerpt: ...ant failed to pay as required by the terms of the contract. Plaintiff served the motion and supporting documents on Defendant, but Defendant failed to file an opposition. As the moving party, Plaintiff 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 judgment as a matter of law. (Code Civ. Proc. §437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) P...

Excerpt: ... 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 by T&A Properties Wa...

Excerpt: ...intiff filed his First Amended Complaint later that same day (“FAC”). Quest demurred to Plaintiff's FAC, and moved to strike the relief requested by Plaintiff. Plaintiff opposed the demurrer and motion to strike. Quest's demurrer was overruled as to Plaintiff's second cause of action under the UCL, and sustained with leave to amend as to Plaintiff's first cause of action for declaratory relief. Quest's motion to strike was granted in its enti...

Excerpt: ...ars. The BMW was leased from Manhattan. Manhattan has now specially appeared and filed a motion to dismiss the action on the ground of inconvenient forum, along with supporting declarations and exhibits. When the hearing first came on calendar for this motion, Manhattan's proof of service only showed electronic service of the motion on Plaintiff. Plaintiff is self‐represented and the Court has no record that he has expressly consented to electr...

Excerpt: ...rneys General Act, Labor Code section 2698, et seq. (“PAGA”). On July 10, 2019, Plaintiff filed her Second Amended Complaint (“SAC”) which alleges a single cause of action under PAGA. Plaintiff served her First Set of Special Interrogatories (the “Interrogatories”) and First Set of Requests for Production (the “Requests”) (collectively the “Discovery”) on July 24, 2019. Defendant's responses were served on August 27, 2019. The...

Excerpt: ...Interrogatories (Set One) and Special Interrogatories (Set One) (collectively the “Discovery”) on Sims, through her attorney of record. Sims responded on January 7, 2020, objecting to all of the Discovery requests as untimely under Family Code §218 and Code of Civil Procedure §2024.020 because trial on the post‐judgment1 pleadings before the Court was set for January 7, 2020. On January 24, 2020, Porter's counsel sent a letter to meet and...

Excerpt: ...his action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that with respect to each...

Excerpt: ...f the assets to be placed in trust. Income is to be paid 50% to Petitioner and 50% to decedent's grandchildren until Petitioner dies. Upon Petitioner's death, all passes to the grandchildren. Petitioner claims she received a distribution of the house in Morro Bay, and $10,000 cash in 2015, but nothing since that time. Petitioner alleges that a number of assets make up the remaining trust estate and that she should have received more. Petitioner a...

Excerpt: ...hantability; (4) breach of implied warranty of fitness for a particular purpose; (5) express warranty; (6) unfair and deceptive acts or practices; and (7) negligence. Bradley is a “drift” racecar driver. (Douglas Decl., ¶ 2.) Drifting is a technique where the driver intentionally oversteers, causing the car to experience a loss of traction in the rear wheels, or on all tires, while the driver maintains control of the vehicle and continues to...