Excerpt: ...nty Act (Civ. Code, § 1790 et seq.; the “Act”). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. Plaintiff states that at the tim...

Excerpt: ...n the lid on the cup she was given at the drive‐through window was not properly secured. The FAC further alleges that after the initial spill occurred, the “extremely hot coffee caused the Plaintiff to flinch, and then the entire cup of coffee spilled on her.” The FAC identifies St. Jude Enterprises, Inc. as the franchisee who owned and operated the restaurant, and the other two defendants as the parent companies (collectively, the “McDon...

Excerpt: ...Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professions Code section 17200 – restit...

Excerpt: ...er entered on September 17, 2019, after the filing of an amended proof of service. On September 20, 2019, Plaintiff filed an amendment to the complaint correcting the spelling of Defendant's last name and including her full middle name. The amendment was served by mail, and a second entry of default with Defendant's correct name was entered on October 30, 2019.1 Defendant now seeks to set aside the entry of default pursuant to Code of Civil Proce...

Excerpt: ...iff was sentenced to prison for 26 years‐to‐life after the jury found him guilty of first‐degree murder, first‐degree residential burglary, conspiracy to commit robbery, two counts of first‐degree residential robbery, and found true a firearm enhancement. (Id. at pp. 627, 637.) In 2018, the Legislature passed, and the Governor signed into law, Senate Bill No. 1437 (SB 1437, codified at Penal Code1 section 1170.95) which restricted the c...

Excerpt: ...its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only r...

Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...

Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...

Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...

Excerpt: ...graph 10 of the complaint alleges (1) general negligence; (2) an intentional tort; (3) violation of licensing laws; and (4) violations of the Public Records Act (Gov. Code, § 6250 et seq.; the “PRA”). It appears that the first three causes of action are alleged against Beraud and the fourth cause of action against Austin. (Cmp., ¶ 2.) The complaint alleges that Beraud, the responsible dietician, met with Plaintiff on October 12, 2018, follo...

Excerpt: ...nd (4) misappropriation of trade secrets. Plaintiff is a pest control business, and Mr. Hatfield is a former employee of Plaintiff. (FAC, ¶¶ 9, 10.) Plaintiff alleges Mr. Hatfield was terminated from employment on or about September 4, 2019. (FAC, ¶ 11.) Plaintiff alleges all three Defendants then “undertook an aggressive campaign to disrupt and interfere with Plaintiff's contractual relationships with its customers throughout San Luis Obisp...

Excerpt: ...sulting in entry of her default on July 10, 2019. On October 23, 2019, Plaintiff and BBC reported that they had reached a conditional settlement. Under the settlement, BBC will pay $4,000 to Plaintiff in exchange for a full release and dismissal of all claims. BBC now seeks a court determination that the settlement was reached in good faith. The motion is unopposed. BBC contends that a non‐settling party has twenty‐five days to contest the mo...

Excerpt: ...ons Code section 7031, (7) warranty of fitness, and (8) declaratory relief. Plaintiffs' lawsuit concerns a residential and commercial vineyard property in Paso Robles. (FAC, ¶ 18.) Plaintiffs allege they entered into a contract with Woodard wherein Woodard agreed to supply, install, and oversee the installation of ten exterior doors and 25 windows at the property. (FAC, ¶¶ 19, 20.) Plaintiffs allege the doors and windows were negligently and c...

Excerpt: ...d against the State of California (the “State”), amongst other Defendants. The State moves here to strike lines 8‐11 of paragraph 18 of the complaint, and lines 19‐21 of paragraph 19 of the complaint, on the grounds that the factual allegations in those portions of the complaint are not fairly reflected in, or are in variance with, the government claims submitted by Plaintiffs. The Court grants the State's Request for Judicial Notice and ...

Excerpt: ...filed on October 30, 2019, added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross‐complaint for breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, injunctive relief, declaratory relief, receipt of stolen property, negligence, and unfair competition. Sterling and Ciano Real Estate, Inc. are named as the cross‐defendants. The parties' dispute arises out of three loa...

Excerpt: ...served their first set of written and special interrogatories (the “Discovery”) on Plaintiff. Plaintiff served initial responses to the Discovery on May 13, 2019, and amended responses on July 31, 2019. In September, Defendants' counsel sent further meet and confer correspondence regarding the amended responses, and the parties agreed to an extension of Defendants' deadline to file a motion to compel. The parties met and conferred but could n...

Excerpt: ...DG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC, with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, a...

Excerpt: ...r competition; (4) intentional 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,...

Excerpt: ...obate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”).1 According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A, B, and C; and Harris is ...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...ly, “Plaintiffs”)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 According to Plaintiffs, Geiger was a K‐9 Officer with the City of Exeter and the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to ...

Excerpt: ...efore 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 am...

Excerpt: ...ibben (“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 that Respondent breached her fiduciary duties by f...

Excerpt: .... Sandra1 is John's sister and JoAnn's daughter. She and her daughter, Madelyn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ ...

Excerpt: ..., Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group3 that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil ...