Excerpt: ...ff subsequently passed away on November 25, 2018. Under Code of Civil Procedure section 377.21, “[a] pending action or proceeding does not abate by the death of a party if the cause of action survives.” The parties have not addressed whether the causes of action alleged in the complaint survive Plaintiff's death. If so, then either the decedent's successor in interest or the personal representative may seek (via motion) to be substituted in f...

Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...

Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal property....

Excerpt: ...drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royal...

Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom 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. 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 ...

Excerpt: ...alleges that on October 8, 2017, Defendant willfully and intentionally assaulted and battered Plaintiff, causing him to suffer a mild traumatic brain injury (i.e., concussion) and other physical injuries and medical expenses. At the time of the incident, Plaintiff was assisting his mother, Lauri O'Neill, in moving out of the home she shared with Defendant, as Ms. O'Neill and Defendant were in the process of a divorce. Now before the Court are the...

Excerpt: ...set of requests for production of Documents (“RFPs”). Ford responded on September 4, 2018. On October 17, 2018, Plaintiff's counsel sent a meet and confer letter setting forth their issues with Ford's responses, and proposing to extend the deadline for filing a motion to compel to November 9, 2018. (Morse Decl., Ex. C.) The deadline at the time of initiating the meet and confer process was October 24, 2018. (Code Civ. Proc., 2031.310(c), 2016...

Excerpt: ...98.6; (4) retaliation in violation of Labor Code section 6310; (5) failure to pay minimum wages; and (6) failure to pay earned wages and waiting time penalties. Plaintiff began working at KCSC as a Judicial Secretary on September 6, 2008. (Undisputed Material Fact [UMF] 1.) On April 24, 2015, Plaintiff became “Mental Health Court Coordinator,” a new position that entailed the same job duties Plaintiff had as Judicial Secretary, as well as add...

Excerpt: ...as Doe defendants. Westland Engineering and Hernandez Masonry have since been dismissed from the suit after each defendant executed a mutual release in exchange for a waiver of costs.1 TAG took the default of Jabraco, Inc. and Buena Geotechnical Services. As of September 2018, Barnhard was the sole remaining defendant in the action. On October 1, 2018, the Court held a readiness conference. At that time, Barnhard requested that the trial be conti...

Excerpt: ...aylor Living Trust of 2014, El‐Do, Inc., James Traylor, Catherine Winter, Brady Winter (collectively “Traylor/Winter Defendants”), David Crabtree, Home and Ranch Sotheby's International Realty (collectively “Realty Defendants”) and Farm Credit West. This action arises from Plaintiff's purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, Californi...

Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...

Excerpt: ..., 3) violation of California Business and Professions Code section 17200 et seq., 4) fraud and 5) quiet title. This action arises out of the foreclosure and sales of two properties owned by Plaintiff: Plaintiff's primary residence, located at 775 San Marcos Road, Paso Robles, California (the “San Marcos Property”) and a second property located at 425 Pacific Avenue, Cayucos, California (the “Cayucos Property”). On November 15, 2018, this ...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On ...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...

Excerpt: ... 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred to collectively). The first is a larger p...

Excerpt: ...dants”).1 Currently on calendar are eight discovery motions. This tentative ruling covers (1) Plaintiffs' Motion to Compel Further Responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado; and (2) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue...

Excerpt: ...precertification discovery, including form interrogatories, special interrogatories, and Requests for Production (“RFPs”). Paloma provided responses, but Plaintiff argued that some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Mot...

Excerpt: ...Judgment was renewed on August 19, 2013. Plaintiff has now received an employment verification showing that Defendant also goes by Yesenia Vela. (Chen Decl., ¶ 9; Exhibit 6.) Plaintiff moves to amend the Judgment to add the name Yesenia Vela to the Judgment, along with Yesenia Yela. Plaintiff asserts that Yesenia Yela and Yesenia Vela are the same individual, and Plaintiff is not adding a new party to the Judgment. A California court may use “...

Excerpt: ...LaBarre is the Supervising Environmental Health Specialist with the CUPA. Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (EHS), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff B...

Excerpt: ...arson”) is liable. Trial is set for February 19, 2019. Defendant has filed a Motion for Leave to Conduct Second Deposition of Plaintiff, and a Motion for Leave to Conduct a Medical Examination of Plaintiff. Plaintiff opposes both motions. Motion for Leave to Conduct a Medical Examination of Plaintiff Defendant moves for leave to conduct a second medical examination of Plaintiff on February 11, 2019, with Dr. Mary Genevieve, a board‐certified ...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...

Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...