Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...

Excerpt: ...urchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure1 section 998. Now, before the Court is Defendants' motion to tax Plaintiff's costs. Legal Authority. “[Code of Civil Procedure] section 1033.5, enacted in 1986, codified ...

Excerpt: ...tion. Sterling Pacific seeks leave to allege an eleventh cause of action for fraud against Defendants. The Court may allow the amendment of any pleading at any time before in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., ¶¶ 473(a), 576.) The Court's discretion is to be exercised liberally to permit the amendment of pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion is timely and doe...

Excerpt: ... make a prompt offer to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.2...

Excerpt: ...he Private Attorneys General Act (PAGA), Labor Code section 2698, et seq. On March 21, 2019, this Court granted VSS's motion to compel arbitration as to all of Plaintiff's claims except for her PAGA claim. The Court stayed Plaintiff's PAGA claim pending the arbitration. On July 9, 2019, the parties filed a stipulation indicating that Plaintiff had agreed to dismiss all the causes of action in her complaint, without prejudice, save for her PAGA cl...

Excerpt: ...red dollars ($600.00) each month rent for my son BENJAMIN W. MORRIS III direct to his landlord for the life of BENJAMIN W. MORRIS. The trustee shall establish a reserve fund for the rent, and keep sufficient assets in the trust if necessary. This gift shall not be paid during any periods that my son may be incarcerated. Morris filed a Petition for Order Establishing Title to Trust Property on November 5, 2014, alleging that Foster had not complie...

Excerpt: ...e landlord. The Lease included an agreement between the parties regarding the construction of tenant improvements. On July 24, 2019, the Court granted Plaintiff's motion to file a fourth amended complaint (“FAC”) to add causes of action for disgorgement under Business and Professions Code section 7031, and for restitution/injunctive relief under Business and Professions Code section 17200, et seq. The Court adopted its tentative ruling which ...

Excerpt: ...yn 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 a fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ 24.) Plaintiffs allege there was a misappropriation of Partnership opportu...

Excerpt: ...erse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendant...

Excerpt: ...rust proceeding. In July, 2019, a few days prior to the hearing on Hoyt's motion, Corral dismissed the civil action. Hoyt initiated this civil action on July 12, 2019, wherein she alleges a single cause of action for financial elder abuse against Corral. Currently on calendar is Corral's demurrer which argues that this civil action and the trust proceeding address the “same cause of action.” On those grounds, she seeks dismissal of this civil...

Excerpt: ...tract, (2) property damage, and (3) injunctive relief. Plaintiffs' lawsuit centers around real property located at 383 Alder Street in Arroyo Grande (the Subject Property). Plaintiffs and Defendants entered into an agreement to purchase and develop the Subject Property. These development plans were unsuccessful for a variety of reasons, and this lawsuit followed, as well as a cross‐complaint filed by DVR Development Company, LLC; PB Companies, ...

Excerpt: ...ed by Oetiker. (See Complaint.) Plaintiff's complaint includes counts for strict products liability, negligence, and breach of warranty. Oetiker now brings a motion for summary judgment pursuant to Code of Civil Procedure section 473c on the grounds that this action is barred as a matter of law under the 10‐year statute of repose within California's Right to Repair Act (the “Act”). Plaintiff opposes the motion. As the moving party, Oetiker ...

Excerpt: ...esident, director, and sole shareholder of Paloma Packing, Inc. (“Paloma”). Paloma harvests the crop once it is ready to be shipped and packed. There is an ongoing dispute as to whether Agro‐Jal is a “joint employer” with Paloma. Paloma employees are non‐exempt employees who work in harvest related activities, i.e., packers, stackers, and cutters, as well as crew bosses who supervise the harvesting employees. The crew bosses report to...

Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...

Excerpt: ...ns real property located at 783 Asilo Street in Arroyo Grande (the Subject Property). Plaintiff alleges that in 2003, Defendants “agreed to gift the Subject Property to Plaintiff if Plaintiff agreed to relocate her family from southern California to Arroyo Grande, CA, so that Plaintiff and her grandchild would be near defendants.” (Compl., ¶ 4.) Plaintiff alleges that she agreed to this proposal, and sold her home in Southern California, qui...

Excerpt: ...il (Set One) (the “Interrogatories”), and Request for Production of Documents (Set One) (the “RFPs”). The RFPs contained six requests for production. (Arakawa Decls., Exhs. 1.) On April 17, 2019, Plaintiff mailed a letter to Defendant asking for responses and attempting to meet and confer. (Arakawa Decls., Exhs. 2.) No response to the letter was received, and no responses to the Interrogatories or the RFPs were received. (Arakawa Decls., ...

Excerpt: ...fenses. Now, before the Court is Plaintiff's motion for judgment on the pleadings1 . A plaintiff may move for judgment on the pleadings on the ground that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438(c).) Here, Plaintiff's motion is based on Defendant's answer, wherein she admits al...

Excerpt: ...nt claims that Plaintiff is not entitled to ownership or possession of the Subject Property. (Ans., ¶¶ 3.k.) Defendant asserts he is the rightful owner of the Subject Property, and that the foreclosure sale at which “Plaintiff purported to purchase and acquire title was conducted by a foreclosure trustee and a foreclosing beneficiary who had no power under or interest in the deed of trust being foreclosed.” (Ans., Attachment 3k.) Defendant ...

Excerpt: ...s, Conditions and Restrictions and Grants and Reservations for Easements and Rights for [the Development]” (the “CC&Rs”), which was recorded on December 19, 1984. In addition, Petitioner is regulated by its Articles of Incorporation filed with the Secretary of State and its Amended and Restated Bylaws (the “Bylaws”). On November 6, 2018, Petitioner filed a verified Petition to Reduce the Required Voting Percentages to Amend the CC&Rs, p...

Excerpt: ...iff served Special Interrogatories, Set One (“Interrogatories”) and Request for Production of Documents, Set One (“RFPs”) (collectively “Discovery”) on Defendant. On August 27, 2018, Plaintiff granted Defendant a two‐week extension to respond to the Discovery, making Defendant's deadline to respond September 19, 2018. (Opposition, Exh. B.) Defendant timely served responses, containing only objections, to both the Interrogatories and...

Excerpt: ...persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in the cross‐complaint, and ROES 1 to 20, inclusive, Cross‐Defendants. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Vacate the Judgment under CCP §473 Plaintiff/Cross‐Defendant Timothy Mattson (“Mattson”) filed this action against Defendants/Cross‐Complainants Chelsey Baker and Jer...

Excerpt: ... The Complaint alleges causes of action for financial elder abuse, unjust enrichment/restitution, fraud and declaratory relief with regard to financial and other issues related to real property located at 16555 Morro Road in Atascadero, California (“Property”). On October 10, 2017, the Bakers filed a Cross‐Complaint for Partition of Real Property against Mattson, Linda Riley (“Riley”), and various entity defendants seeking a judgment pa...

Excerpt: ...e parties, Plaintiff has now amended his complaint twice. Plaintiff's Second Amended Complaint for Damages (“SAC”) states one cause of action under the Fair Employment and Housing Act (“FEHA”) (Cal. Government Code Sec. 12940, et. seq.). Defendant moves here, pursuant to Code of Civil Procedure sections 435 through 437, to strike page 5, lines 14‐15, from Plaintiff's SAC, which lines state: “when he was retaliated against for filing a...

Excerpt: ...alendar are two motions to compel.2 In the first motion, Plaintiffs seek 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. In the second motion, Plaintiffs seek further responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue that the responses in both motions relate to Defe...

Excerpt: ..., including form interrogatories, special interrogatories, and requests for production (“RFPs”). Paloma provided responses, but Plaintiff argued 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 Motions”). At that time, the par...