Excerpt: ... compliance with all applicable state and federal requirements, and encourages administrative efficiency.” (Welf. & Inst. Code1 , § 14126.02.) In 2010, the Legislature amended the Act and enacted legislation that required Department of Health Care Services (DHCS), which administers the Medi‐Cal program, to create the Quality and Accountability Supplemental Payment (QASP) program, which provides supplemental payments to skilled nursing facili...

Excerpt: ...II (the “Driver”) 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, sending Plaintiff's vehicle into a roll. The SAC alleges that the Driver had been operating his vehicle, a 75,000 pound, ten‐wheel, two‐ axel, specialized truck, “erratically” from the Grand Avenue off‐ramp in San Luis Obispo to the scene of the accident near At...

Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...

Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...

Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...

Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...

Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...

Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...

Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...

Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...

Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...

Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...

Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...

Excerpt: ...G”) (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, an...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...

Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...

Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...

Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...

Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...

Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...

Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...

Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...

Excerpt: ...sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...

Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...