Excerpt: ...Beene assigned or subrogated his claims and demands against any person to State Farm. (Complaint, ¶ 5.) State Farm alleges that Storer caused collision damage to Beene's vehicle while it was lawfully parked on public streets in San Luis Obispo, California. (Id., ¶¶ 10, 11.) Century‐National Insurance Company (“Century”) now moves for leave to intervene in the action pursuant to Code of Civil Procedure section 387, on the ground that Cent...

Excerpt: ...o state a cause of action and is uncertain. Plaintiff opposes the demurrer. The parties met and conferred prior to Defendant filing this demurrer. (See Declaration of Barbara S. Kilroy, filed December 6, 2019.) Plaintiff's second cause of action for breach of contract alleges that Defendant is a health care provider, that he established a physician‐patient relationship by undertaking employment to diagnose Plaintiff's medical condition and to p...

Excerpt: ...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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges Respondent breached her fiduciary du...

Excerpt: ..., against Mr. Tucker and Halcyon; (3) premises liability, against Halcyon; and (4) dangerous condition of public property, against the City. On January 21, 2019, the City filed a cross‐complaint against Halcyon and Mr. Tucker1 . The City's cross‐complaint alleges causes of action for equitable indemnity and declaratory relief against Halcyon. This lawsuit stems from a motor vehicle accident between Plaintiff, driving his Harley Davidson motor...

Excerpt: ...nt Jones and Plaintiff, resulting in Plaintiff's lifelong severe and debilitating injuries. Plaintiff and Jones have reached a settlement, and Jones moves for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and Jones have agreed to settle Plaintiff's claims against him for his $1.5 million Farmers Insurance policy limits in exchange for Plaintiff's covenant not to execute ag...

Excerpt: ...d and wife. Plaintiff alleges CWS became delinquent on its account with Plaintiff and owes an outstanding balance of $43,502.91. On March 21, 2018, Mr. D'Amico, represented by counsel, filed an answer to the complaint. (D'Amico Decl., ¶ 3.) On June 5, 2018, Mr. D'Amico's former counsel withdrew from representation and Mr. D'Amico was in pro per. (Id. at ¶ 4.) Mr. D'Amico remained in pro per until December 27, 2019 when new counsel substituted i...

Excerpt: ... 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. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...

Excerpt: ...rvices and goods rendered, (3) unjust enrichment, and (4) promissory estoppel. Plaintiff's complaint alleges that a patient identified as C.R. had a total hip replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its...

Excerpt: ...before an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already a...

Excerpt: ...nly lists one cause of action for “intentional tort.” Plaintiff seeks compensatory damages and punitive damages in the amount of $4,000. (Compl., ¶ 14.) Plaintiff's complaint centers around his Sony boombox, which he alleges was confiscated by Defendants. (Compl., p. 4, ¶ 2.) Plaintiff's intentional tort cause of action pleads “intentional infliction of emotional stress [sic] with malice to cause prisoner harm pursuant to C.C.R. title 15,...

Excerpt: ...trustee's sale. Defendant demurred to Plaintiff's complaint on the grounds that it is barred by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. The Court sustained Defendant's demurrer on the ground that the complaint stated no present controversy because the issues had already been adjudicated and were barred by res judicata,...

Excerpt: ...se Inc. (Custom House) (collectively Cross‐Defendants), alleging causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. This lawsuit relates to commercial property known as Alex's BBQ (the Property), located at 853 Shell Beach Road in Pismo Beach. Plaintiff is alleged to be the owner of the Property. (Compl., ¶ 1.) Plaintiff alleges that it obtained a Coastal Development Permit to tea...

Excerpt: ... replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Trust has been subject to ongoing litigation (case number PR13‐0085).2 Mr. Barbich is currently the sole trustee pursuant to a court judgment dated November 25, 2015.3 On December 12, 20...

Excerpt: ...ber 6, 2019, Epifanio filed a cross‐complaint against Plaintiff asserting causes of action for (1) interference with easement, (2) prescriptive easement, and (3) negligence. Plaintiff and Epifanio are neighbors with dueling easement claims. Plaintiff owns property located at 800 Ralcoa Way in Arroyo Grande (the Garl Property). (Cromp., ¶ 2.) Plaintiff alleges he conducts a tree service and firewood business on his Property. (Ibid.) Epifanio ow...

Excerpt: ...le accident that occurred on May 30, 2018 on Nacimiento Lake Drive, south of Steelhead Road. (Compl., ¶ 11.) Plaintiff alleges that Ms. Venardos drove Mr. Ortiz's GMC Sierra truck at approximately 55 mph. (Compl., ¶ 12.) Plaintiff alleges Ms. Venardos negligently and recklessly failed to navigate a corner, lost control fo the vehicle, and struck Plaintiff head‐on, causing Plaintiff's vehicle to sustain major damages. (Compl., ¶ 13.) Plaintif...

Excerpt: ...ntiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligence, overruled the demurrer with respect to the second and t...

Excerpt: ...one cause of action for fraud on the court (the “Complaint”). After Plaintiff filed a motion resulting in the setting aside of the previous dismissal of the case, Defendants were served with the summons and complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti‐SLAPP), as well as two motions for sanctions pursuant...

Excerpt: ...ieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement) that Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. Plaintiff then filed a first amended complaint (FAC), alleging five causes of action under the Privat...

Excerpt: ...r); (2) breach of mandatory duty (Gov. Code, §§ 815.6, 820) (against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complai...

Excerpt: ...ollision in which Plaintiff suffered severe and debilitating injuries. The facts surrounding Plaintiff's lawsuit are largely undisputed. On March 17, 2017, Defendant Jones was driving from his home to his job1 at California Polytechnic University, San Luis Obispo (Cal Poly). (UMF 3.) Jones drove his car eastbound on Foothill Boulevard in San Luis Obispo when he drove into a left pocket lane to turn onto Mustang Drive. (Compl., ¶ 9.) However, ins...

Excerpt: ...tentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, (6) civil conspiracy, (7) breach of contract (against the Hive, only), and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleg...

Excerpt: ... of $300,000, memorialized in a Stipulation of Settlement. (Lidman Decl., Exh. 1 (the “Settlement Agreement”).) After deducting administration costs, Plaintiff's $5,000 service award, attorneys' fees and costs, and payment of Private Attorney General Act (“PAGA”) penalties, the remaining net settlement amount of approximately $147,545 will be distributed to all settlement class members who do not opt‐out of the settlement. (Lidman Decl....

Excerpt: ...nment harassment in violation of FEHA, against Defendants; (3) sex. gender discrimination in violation of FEHA, against Libertine; (4) failure to prevent discrimination and/or harassment in violation of FEHA, against Libertine; (5) constructive termination in violation of public policy, against Libertine; and (6) sexual battery, against Newton. Willig's complaint alleges that she worked for Libertine in San Luis Obispo, and that Newton is co‐ow...

Excerpt: ...intiff 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 has filed ...

Excerpt: ...of $7,688.50 for his work as the general contractor, and $11,000.00 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., counsel for ...