Excerpt: ... or about March 20, 2018, and presented to Dr. Rasul at Bishop's Peak Women's Health Center and advised Dr. Rasul that she suspected she was pregnant. (Compl., ¶ 15.) Plaintiff alleges that Dr. Rasul confirmed Plaintiff's pregnancy, discharged Plaintiff, and “carelessly and negligently prescribed Plaintiff misoprostol 200 mcg oral tablet.” (Ibid.) Plaintiff alleges that misoprostol is also known by the brand name Cytotec and “is commonly r...

Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...

Excerpt: ...laintiff 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: ...the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals is...

Excerpt: ...unt) plus interest at the rate of 10% annually. Mr. Allan further awarded Petitioner $2,420.48 in administrative fees, expenses, and arbitration compensation and expenses. Thus, Petitioner was awarded $8,602.48 in total, to be recovered from Respondents. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure1 section 1285, et seq. Once an arbitration award has been confirmed and judgme...

Excerpt: ... Probate Conservator of the Person on December 11, 2018 (the “Amended Petition”.) The Court grants the Department's request that it take judicial notice of the Amended Petition and Notice of Hearing. Findley now demurs to the Petition filed on October 19, 2018. In the alternative, Findley moves to quash the Petition. The Department opposes both motions. As to Findley's motion to quash, Findley cites no authority that such a motion is proper, ...

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 – resti...

Excerpt: ...ause of action under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Defendant now brings a Motion to Transfer Venue, or in the Alternative, to Compel Arbitration (“Motion”). Plaintiff opposes the Motion. Defendant first moves to transfer venue for this action pursuant to Code of Civil Procedure section 397(a), on the ground that this is not the proper court for trial of this action because venue is not prope...

Excerpt: ...e Civ. Proc., § 2018.030); and (C) thirty‐seven (37) documents referenced by The Tribune which have been produced with redactions. The Court issued instructions with respect to each of these categories, and this hearing was set to address and narrow the issues further. A. Documents Withheld Based on the Official Information Privilege The parties note there are approximately 12 documents currently being withheld based on the official informatio...

Excerpt: ...ans”), Francisco Savala (“Savala”), and Saroyin Watkins (“Watkins”), arising out of an accident that occurred on April 20, 2017, near the Cholame “Y” intersection where State Route 46 (“SR 46”) and State Route 41 (“SR 41”) meet. California State Transportation Agency (“CalSTA”) was also named as a Defendant but has since been dismissed with prejudice from the complaint. On June 1, 2018, Savala and Watkins filed a Cross�...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...

Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...

Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...

Excerpt: ..., 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 their respective properties f...

Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...

Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...

Excerpt: ...actory completion of specified terms that were not to be performed within 45 days of the settlement, but that a request for dismissal would be filed no later than December 13, 2018. This Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6, and set the matter for dismissal on January 28, 2019, absent a motion prior to that date. On January 4, 2019, Plaintiff filed this motion pursuant to Code of Civil Procedure section 66...

Excerpt: ...seling in connection with his drug addiction. The Starr Defendants were leasing commercial space from Bonaire Investments (“Bonaire”) in Los Osos, California. Garland's mother and father, Julie Stahl and James Garland (“Plaintiffs”), filed separate but virtually identical complaints in April and June 2015, respectively. The Court ordered the matters consolidated in September 2015. First amended complaints were filed in May 2018. Plaintiff...

Excerpt: ...orentino, Dan Neff1 , the Arroyo Grande Police Department, the City of Arroyo Grande, and Michael Smiley. Plaintiff's lawsuit asserts causes of action for (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Education Code section 44114; (3) invasion of privacy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) negligent hiring, supervision, and retentio...

Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...

Excerpt: ...lty 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) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...

Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...

Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...