Excerpt: ...int alleges Plaintiff was a civil service employee for the District from March 26, 2012, through April 1, 2021. (Complaint, ¶ ¶ 1‐2.) Koon was Plaintiff's direct supervisor. (Id. at ¶ 3.) Koon was offered a full‐time position, which Plaintiff believed was improper and could lead to a lawsuit against the District. (Id. at ¶ 11.) After Koon was hired full‐time, “increasing levels of stress and duress were placed on the plaintiff by the ...

Excerpt: ...an investigation by the Cal Poly Office of Equal Opportunity (OEO), Hearing Officer Lisa Jaye found Petitioner committed sexual misconduct as that term is defined in CSU Executive Order 1097 (revised March 29, 2019) (the Policy). With this action, Petitioner requests the Court set aside the findings made and sanctions imposed by Cal Poly and order no further administrative action be taken against Petitioner. FACTUAL BACKGROUND A. The December 8, ...

Excerpt: ...5 Higuera LLC, a dissolved California limited liability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. On July 28, 2021, Plaintiffs served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (the Discovery), on defendant Belsher. (Raftery Dec., ¶ 2.) After failing to receive timely responses, and after meeting and conferring with Belsher, Plaintiffs...

Excerpt: ... January 22, 2021. The FAC alleges Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc., and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). It also alleges that Gi...

Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...

Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...

Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...

Excerpt: ...a).1 On June 23, 2020, B&D Farms, Inc. (B&D) and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Mark is named in the first cause of action for fraud and conspiracy to defraud, and the fifth cause of action for unjust enrichment. The Court consolidated the two actions for pretrial purposes. On December 9, 2021, Mark filed a second amended cross‐complaint (SAXC) against Ginger, Wapita...

Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...

Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...

Excerpt: ...mium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...

Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...

Excerpt: ...e Foster has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...

Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...

Excerpt: ...h counsel – reached a settlement on or about October 9, 2018. Plaintiff's counsel sent a conditional settlement agreement to Defendant for execution on October 11, 2018, but Defendant never signed the agreement. Despite never signing the agreement, Defendant made payments per the agreement's terms through January 24, 2019. Plaintiff's counsel stated he contacted defense counsel several times in March of 2019, and then once in August of 2021. De...

Excerpt: ...sonry by Darin.” In the motion, Vandeventer states that his motion to dismiss should be granted because the parties are bound by an arbitration agreement. Plaintiff did not file an opposition. It is unclear which corporate entity, if any, is a proper party to this lawsuit. However, a corporate defendant may not represent itself and must appear through an agent who is a member of the bar. (Merco Construction Engineers, Inc. v. Municipal Court (1...

Excerpt: ... alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff seeks to depose Thanom, who is the only known percipient witness to the incident, in order to establish liability and causation. Plaintiff moves for an order compelling the deposition testimony of Thanom, or alternat...

Excerpt: ... was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of CA Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outlin...

Excerpt: ... default and default judgment entered against it, and on August 19, 2020, Defendant filed a responsive pleading. On November 2, 2021, a bench trial was held. This Court's ruling in favor of Plaintiff was filed on December 16, 2021, and the judgment against Defendant was entered on January 12, 2022 (the “Judgment”). The Judgment awards Plaintiff reasonable attorneys' fees and costs according to proof by a properly noticed motion, pursuant to C...

Excerpt: ...ver over real property located at 1760 Shepherd Drive, Paso Robles, California, 93446 (the Property) to abate a public nuisance from an accumulation of junk and debris that are consistent with hoarder conditions. Busch is the record owner of the Property, and Wells Fargo has a secured interest in the Property. On December 10, 2021, this Court granted the City's Petition, appointed GS Strategies, Inc. (Receiver), as receiver for the Property end e...

Excerpt: ...ing to receive any responses, counsel for Wells Fargo followed up with a meet and confer letter on December 14, 2021, providing a one‐week extension. (Kerfan Dec., ¶¶ 1‐5; Exs. 1 & 2.) Wells Fargo now moves to have the 2021 RFAs deemed admitted under Code of Civil Procedure section 2033.280 (Section 2033.280). The Court notes that the RFAs at issue are the same Requests for Admissions propounded as “set one” on December 11, 2020 (the 20...

Excerpt: ...ividual defendants are members of the EHHOA board. On May 17, 2021, EHHOA filed a cross‐complaint against Plaintiffs. Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo (the “Development”). The parties' dispute concerns the construction of a fence on Plaintiffs' property (which Defendants argue varies from the original approval), and Defendants' enforcem...

Excerpt: ...n Defendant. The RFPs included only one request: ALL DOCUMENTS in your custody or control from YOUR cell phone service provider, evidencing YOUR cell phone use, including but not limited to billing records identifying: all inbound and outbound telephone numbers; all inbound and outbound SMS and text messages; all elapsed times and usage duration for calls and texts; and all data usage from January 10, 2020, during the hours of 4:00 p.m. through 9...

Excerpt: ...January 10, 2020, Defendant crashed his truck into a cement retaining wall located at 1965 La Jolla Court (the Property). Plaintiff and her husband heard the crash, came out of their house, and saw Defendant's vehicle when they rounded the corner of Oak Park Boulevard and Capistrano Court. Plaintiff entered the backyard of the Property where Defendant's vehicle had come to a rest. The accident had “created a large debris field of wood, protrudi...

Excerpt: ...st, to construct and operate a hemp farm in Squaw Valley, California. (FAC, ¶¶ 5, 9.) Plaintiff alleges the parties agreed to split all costs and profits 50/50 and provide services to the partnership in equal percentages. (Id. at ¶ 7.) Plaintiff alleges the parties formed a company called Central Coast Hemp Company (the Company). (FAC, ¶ 8.) Plaintiff alleges the Company's articles of incorporation were filed with the California Secretary of ...

Excerpt: ... legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. On November 10, 2021, the Court sustained Defendants' demurrer to the complaint without leave to amend. Plaintiff now moves pursuant to Code of Civil Procedure section 10081 for reconsideration of this Court's order sustaining the demurrer (the “Order”). Plaintiff conten...

Excerpt: ...(s) upon request by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit “A”. The Plaintiff has performed all conditions precedent to bringing this action or the same have bee...

Excerpt: ...o Andreoli that same day. On June 18, 2019, Fred and Laurie Siegenthaler (the Siegenthalers) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against the Siegenthalers alleging financial abuse and fraud, and alleging the Siegenthalers had coerced Decedent out of approximately $3.5 million prior to his death. On June 1, 2020, Andreoli recorded a ...

Excerpt: ... June 2, 2022. Prior to the filing of this action, Jason Dominguez (Dominguez) was appointed temporary conservator over Perez's person and estate by the Santa Barbara County Superior Court (Case No. 21PR00508). That appointment was extended on December 15, 2021, and Letters of Temporary Conservatorship issued on January 13, 2022.1 Dominguez, an attorney, is serving as a third‐party fiduciary. In addition to the conservatorship, Dominguez report...

Excerpt: ...iffs allege that Baylee Pyzer was driving a vehicle owned by Rick Pyzer, when she collided with Deanna Corzo (Corzo), who was driving a car in which Plaintiffs were passengers. On December 7, 2020, Baylee Pyzer and Rick Pyzer filed a cross‐complaint against Corzo for implied indemnity, contribution and declaratory relief. Defendant Corzo made offers to each plaintiff pursuant to Code of Civil Procedure section 998, which Plaintiffs accepted. Pl...

Excerpt: ...ion is a qui tam claim asserted by Relator on behalf of the People of the State of California pursuant to the California Insurance Frauds Prevention Act, for violation of Insurance Code section 1871.7 and Penal Code section 550. Aetna dismissed the second through fifth causes of action on April 2, 2019. Pain Management Specialist Medical Group (Pain Management), Cypress Ambulatory Surgery Center (Cypress), Galileo Surgery Center (Galileo), Camari...

Excerpt: ...s from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep records “of all visits to Defendants' offices and/or all communications...

Excerpt: ...neys General Act (PAGA). Now before the Court is Plaintiff's motion for approval of the PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing Phoenix Settlement Administrators as the settlement administrator; (3) approving the proposed Explanatory Letter to be distributed to the aggrieved employees; (4) directing the funding and distribution of the Gross Settlement Amount under th...

Excerpt: ...er, Inc., and John Pepper, individually. The TAC alleges causes of action for: (1) violation of Corporations Code section 1601; (2) violation of Labor Code section 204; (3) involuntary judicial dissolution; (4) employment discrimination (Gov. Code, § 12900); (5) wrongful termination in violation of public policy; (6) retaliatory discharge in violation of Government Code section 12940, subdivision (h); (7) conversion; and (8) breach of fiduciary ...

Excerpt: ...inda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the 2017 Trust); and Johnny Lawrence Newton (Newton), an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the 2017 Trust. Raelene Ramos and Bowlby are sisters. Their parents John and Thelma Hindmarsh settled the Irrevocable Trust and Revocabl...

Excerpt: ...bject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “Es...

Excerpt: ...oss‐complained against Plaintiff, asserting two causes of action for trespass and recovery of penalties and costs pursuant to Streets and Highways Code section 720 et seq. Plaintiff alleges it owns real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for appro...

Excerpt: ... on the side of the road southwest of the community of Coalinga (the “Park Fire”).1 The Kester action alleges in essence that the Park Fire was caused by a 2014 International Asphalt hot patch truck with loader owned by the County and operated by its employee to compact and scrape loose asphalt on Parkfield Road. Plaintiffs generally allege that scraping the metal bucket of the loader on the road caused sparks that caught dry grass on the sid...

Excerpt: ...014, Plaintiffs entered into a lease agreement for a residential property located at 212 Seaview Avenue, Pismo Beach (the “Premises”). Shortly after moving into the Premises, Plaintiffs began suffering adverse health effects. In 2019 the Plaintiffs became aware of significant amounts of moisture, mold, fungus, and bacteria, which they allege caused physical injury and damages. Plaintiffs have filed two motions for leave to file a first amende...

Excerpt: ... Ronald Berry (“Ron”), was dismissed from the action on August 1, 2018.1 The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. On May 27, 2021, the Court ruled on Scott's motion for summary judgment, treating it as a motion for judgment on the pleadings. The Court granted the motion with leave to amend “to allege facts supporting inclusion of Scott in the first, second, fourth, and sixth causes...

Excerpt: ...e allegations regarding punitive damages (¶¶ 82, 89, 109) and the corresponding prayer for relief in the TAC. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164 [a complaint is subject to a motion to strike if it fails to allege facts supporting a punitive damages claim].) Punitive damages are governed by Civil Code section 3294, which requires allegations of “oppression, fraud, or malice ....” Under subdivision (b) of Civil Code...

Excerpt: ... class action lawsuit filed by Plaintiffs Tam Farias and Nicholas Calvi, against Defendant Compass Health, Inc. The Farias first amended complaint (FAC) alleges multiple causes of action under the Labor Code, Business and Professions Code, and Private Attorneys General Act (PAGA). The Calvi complaint alleges one cause of action under Business and Professions Code. Now before the Court are the following motions: (1) Plaintiff Farias' motion to com...

Excerpt: ...anagers, general partners, or chief executive officers of, or otherwise manage and control” the Marshall Company Defendants. (FAC, ¶ 5.) She alleges that she has an equitable and/or legal interest in the Marshall Company Defendants “either held individually, in the Trust, community property and/or now as tenant in common due to the impact of her dissolution with Braff.” (FAC, ¶ 7.) Defendants “willfully, knowingly, and blatantly diverte...

Excerpt: ...rty), and that Defendants entered into an agreement with Milstein, on June 21, 2021, to sell him the Property. Milstein alleges that Defendants breached the agreement by refusing to do so. Attached to the complaint is a California Residential Purchase Agreement (the RPA) signed by the parties in June 2021. On March 9, 2022, Defendants filed an unlawful detainer action against Milstein seeking possession of the Property. The attached lease, which ...

Excerpt: ...ility – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of action was filed as a violation of the Fair Employment and Housing Act (the FEHA). I. STATEMENT OF FACTS The District hired Lowry in 2001 for the position of Harbor Patrol Officer (HPO) I. He was subsequently promoted to HPO II and HPO III. In addition, Lowry served as the interim Harbor Chief from September 2011 to October 2015. On March 11, 2016...

Excerpt: ...that she was part of a security breach. (Id. ¶ 8.) After calling the number on the warning, Plaintiff was advised by a man named “Naz Adams” (“Adams”) of the extent of the purported breach and so began a series of phone calls with Adams (Id.) At some point, Adams informed Plaintiff that her bank account had also been compromised and introduced her to a man named Jack Wells (“Wells”) who claimed to work for Mechanics Bank. (Id. ¶ 9.)...

Excerpt: ... following issues: that Garden Street is liable to Lindvall for breach of a promissory note under the first cause of action; that Marshall is liable to Lindvall for breach of a written guaranty under the second cause of action; and that Defendants' affirmative defenses are insufficient to excuse Defendants' breach of the note and guaranty. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding i...

Excerpt: ... violation of the California Environmental Quality Act (CEQA), Public Resources Code sections 21 168 and 21 168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation, formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit cen...

Excerpt: ...y 23, 2022. In the FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. The FAC alleges that Acramonte is an 88‐year‐old man with multiple health problems including Alzheimer's and dementia. (FAC ¶¶...

Excerpt: ...ubject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “E...

Excerpt: ...to produce the requested documents. On June 21, 2021, having received no documents from ABCI, counsel for BCP served a Request For Supplemental Responses To Requests For Production of Documents and Tangible Things on ABCI. (Declaration of Sherrie Flynn (“Flynn Dec.”), ¶¶ 5‐7; Exs. A‐C.) After no documents were produced, and after the parties exchanged meet and confer correspondence, BCP filed a motion to compel ABCI to produce further r...

Excerpt: ....; Rajan Patel, M.D.; and Radiology Associates. Plaintiffs allege causes of action for medical negligence and loss of consortium. Now before the Court is Scott Bisheff, M.D.'s motion for summary judgment. Plaintiffs have filed a notice of non‐opposition. Legal Authority As the moving party, the defendant has the initial burden to make a prima facie showing that there are no triable issues of material fact and that he is entitled to a judgment a...

Excerpt: ...s for necessary expenditures or losses, and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Jeffrey Krivis. (Declaration of Stan S. Mallison (“Mallison Decl.”) ¶ 16.) Now before the Court is the unopposed motion ...

Excerpt: ... and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Henry J. Bongiovi, Esq. (Declaration of Matthew K. Moen (“Moen Decl.”) ¶ 15.) Now before the Court is the unopposed motion for preliminary approval of the Class Action Settlement (CAS), wherein Plaintiff reque...

Excerpt: ...nant. On October 8, 2021, Plaintiff filed a second amended complaint (“SAC”). Currently before the Court is Knudson's demurrer to the SAC. This is the third demurrer to the interpleader cause of action. For the reasons set forth below, the demurrer is sustained without leave to amend. The SAC alleges that Plaintiff and Knudson were shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a f...

Excerpt: ...to compel arbitration. The arbitration agreement is found in The Consumer Credit Card Customer Agreement and Disclosure entered into by the parties (“Contract”). (Declaration of Claudia Gavrilescu (“Gavrilescu Dec.”), ¶ 2; Ex. A.) Wells Fargo does not oppose the motion to compel arbitration but asserts that, pursuant to the terms of the arbitration agreement, Cornelius is the only party that can initiate the arbitration proceedings. Corn...

Excerpt: ...f and the People of the State of California for (1) violation of the California Insurance Frauds Prevention Act, Insurance Code section 1871.7; (2) fraud and intentional deceit; (3) negligent misrepresentation; (4) violation of the California Unfair Competition Law; and (5) breach of contract. The complaint was filed in camera under seal pursuant to Insurance Code section 1871.7, subdivision (e)(2), and was ordered unsealed on November 13, 2018. ...

Excerpt: ...”) re sanctions, and finally, an OSC re dismissal. Plaintiff now moves pursuant to Code of Civil Procedure section 473(b) to set aside the dismissal on the grounds of mistake, inadvertence, surprise or excusable neglect the motion is supported by its counsel's affidavit of fault. Pursuant to Code of Civil Procedure section 473(b), the Court shall, whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...egan when the Grays, who were guests of the Hickeys, negligently placed combustible material in the property's broiler and turned on the oven to cook. (Complaint (“Compl.”), p. 4.) Allstate insured Pangelinan and paid out $81,425.14 to him. (Id., pp. 4‐5.) On February 1, 2021, the Grays filed a cross‐complaint against Allstate, the Baycliff Village Homeowners Association, Henry Pangelinan, Florence Pangelinan, and Travelers Casualty Insur...

Excerpt: ...7 special interrogatories. Plaintiff's declaration of necessity states this number of interrogatories is warranted because of: (1) The complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; and, (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, in...

Excerpt: ...ice; and 8) exemplary and punitive damages. Defendant demurs to the complaint. I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30, subd. (a).) “The facts alleged in the pleading are deemed to be true, however improbable they may be.” (Berg & Berg Enterprises, LLC v. B...

Excerpt: ... Ex. A.) Lein is a beneficiary of the Trust. The remaining settlor, John Lein, died in 2015. The Trust was terminated in 2020. In 2007, Cyr sent a letter on Lein's behalf to the co‐trustees, addressing numerous concerns. (Comp., Ex. B.) In 2008, Cyr prepared a petition on Lein's behalf, seeking removal of the co‐ trustees and other relief. (Comp., Ex. C.) The petition was not filed with the Court. In 2015, Cyr filed a brief on behalf of Lein'...

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants and declined to award any relie...

Excerpt: ...f the Artilla Bonetti Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer parties to the lawsuit. Intervening Plaintiff, Daniel Eddleman (Intervenor), Sandra's estranged husband, joined the lawsuit on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, where...

Excerpt: ... 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants1 and declined to award any relief to Plaintiffs. On August 16, 2021, the Jones Defendants filed their memorandum of costs, seeking to recover $46,700.25 in costs. Now before the Court are two motions to tax the Jones Defendants' costs. The first is filed by Plaintiffs Sandra N. Eddleman and Madelyn Lue Eddleman; the second, by Intervening ...

Excerpt: ...motional distress, (5) negligent infliction of emotional distress, (6) breach of the implied covenant of good faith and fair dealing, (7) failure to prevent violation of the FEHA, (8) failure to furnish itemized wage statements, (9) failure to keep and maintain accurate time records, (10) failure to compensate for missed meal periods, (11) failure to compensate for missed rest breaks, (12) failure to pay overtime, (13) waiting time penalties, (14...

Excerpt: ...fendants' treatment of her late son, Keith Bernard Murphy, II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep appropriate medical records. Now before the Court is the Guimaraes Defendants' motion...

Excerpt: ...easons set forth below, the Court denies the motion. A. Motion for New Trial A motion for new trial seeks a reexamination of one or more issues of fact or law after a trial and decision by a judge or jury. (Code Civ. Proc., §§ 656‐657.) A motion for new trial is statutory and must be based on one or more of the grounds set forth in Code of Civil Procedure section 657. (Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162, 166.) Petitioner arg...

Excerpt: ...g the demurrer to the cause of action for fraudulent concealment with leave to amend, the Court concluded that the allegations in the initial complaint did not meet the heightened standard of a fraud claim, particularly one against a corporate employer. In pleading a fraud claim against a corporate employer, the plaintiff must allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they...

Excerpt: ...nce with Code of Civil Procedure sections 2023.010, 2023,030, 2030.300(d), and 2033.290(d), in the amount of $2,533. Plaintiff opposes the motion. Sierra Vista seeks further supplemental responses to its Special Interrogatories nos. 15‐17, and Requests for Admission (Set #2), nos. 1‐5. On March 31, 20221 , after this motion was filed, Plaintiff served further responses without objections to Special Interrogatories nos. 15‐17, and Requests f...

Excerpt: ...er”), 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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. The parties agreed that bifurc...

Excerpt: ... including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On October 8, 2021, the Court certified the following subclasses: ‐ A meal period subclass (the pre‐2017 Meal Period Subclas...

Excerpt: ...tiff's motion for leave to file an amended complaint. Plaintiff seeks to file a first amended complaint (FAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment...

Excerpt: ...[now deceased], Adam Morales, and Ava Morales). The Trust provides that after the settlor's death, the trust estate is to be distributed in its entirety to Adam Morales (“Respondent”). (Pet., Ex. A [Trust, Art. V, ¶ (B)(1)].) The petition reports that the settlor lived with Respondent in Arizona for the last seven years of her life. (Pet., ¶ 24; see also Pet., Ex. A [Trust, Art. I].) On November 22, 2021, Ava Morales (“Petitioner”) file...

Excerpt: ...whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. The complaint outlines an escalating feud between the parties regarding the noise issues, which resulted in defendant Carlos Martinez Beltran III obtaining a restraining order against Plaintiff in October 2019 (Case No. 19CVP‐0325).3 Plaintiff concedes she was charged with contempt of court for violations of that restraining order. She states she pleaded no c...

Excerpt: ...uding a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' Second Amended Complaint (SAC) alleges causes of action against Defendants for breach of fiduciary duty, u...

Excerpt: ...an injury during a visit to Dr. Hixson on July 24, 2019, when Dr. Hixson made an adjustment to Plaintiff's neck area. Plaintiff alleges she only consented to Dr. Hixson's treatment of her lower back and hip area. Plaintiff alleges she never consented to Dr. Hixson's treatment of her neck, which she injured in 2009, and underwent surgery on at some point thereafter before beginning treatment with Dr. Hixson. Plaintiff alleges she has suffered pain...

Excerpt: ...Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Ocean View Manor Apartments in Morro Bay, where Plaintiff is a resident. Plaintiff's first amended complaint (FAC) alleges causes of action for (1) fraud – intentional misrepresentation; and (2) fraud – concealment. Now before the Court are two motions filed by Plaintiff: (1) Consent motion to extend the discovery deadline to compel Defendants' responses to requests for pr...

Excerpt: ...t originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares, with tw...

Excerpt: ...Petitioner filed a petition for instructions related to the same subtrusts. Petitioner filed an amended petition for instructions in August 2020. In the interim, on July 3, 2018, Respondent filed a petition for approval of his second account. Respondent filed a second amended petition in October 2018.1 On May 13, 2021, the Court set the trial on all three petitions for November 30, 2021. (Min. Order, 5/13/21.) The Court confirmed that trial date ...

Excerpt: ...ous women in various rooms of the lodge.'” Plaintiff alleges this statement is false and Defendant knew the statement was false when she made it. Now before the Court are three motions to compel filed by Plaintiff: (1) Motion to compel Sprint to produce business records in response to a validly issued subpoena or, in the alternative, compel Defendant to provide an authorization to obtain the subpoenaed records; (2) Motion to compel Verizon to p...

Excerpt: ... trustee's sale, on September 14, 2021. The FAC alleges the sale to Aminilari is invalid because the statutory safeguards for non‐judicial foreclosure sales were not followed, and because Aminilari misrepresented her intention to use the property as her primary address. Plaintiffs seek to set aside the sale and quiet title to the Property. Prior to Plaintiffs' filing this wrongful foreclosure action, Aminilari had filed an eviction action again...

Excerpt: ...eneral Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was unopposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to ...

Excerpt: ...ts moved to compel responses to the interrogatories and the demands for inspection, to deem the requests for admission to be admitted, for monetary sanctions in connection with each motion ($1,060 for the motion to deem requests admitted, and $910 each for the other two motions, for a total of $2,880), and for terminating sanctions. On March 14, 2022, Plaintiff's counsel filed a declaration explaining that discovery responses were electronically ...

Excerpt: ...rty for a 60‐ month temporary construction easement (the Construction Easement) for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure section 1245.235, the County Board of Supervisors, by a vote of not less than two‐thirds (2/3) of all its members, adopted a Resoluti...

Excerpt: ...es incurred by Plaintiff after entry of this judgment in collecting the amounts awarded herein.” (Id. at ¶ 6.) Plaintiff obtained a sister state judgment in California, on September 11, 2019. (RFJN, Ex. 3.) This Court previously granted Plaintiff's motion for an assignment order assigning it Defendant's commissions earned from his work as an independent contractor at Freedom Equity Group. Plaintiff then moved to recover its attorney's fees and...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ... and motion to strike were filed, Defendants filed this motion for protective order, related to discovery served by Plaintiff. Defendants moved pursuant to Code of Civil Procedure §§ 2030.090, 2031.060 and 2017.020, on the grounds that the discovery causes Defendants unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Specifically, Defendants' motion seeks to stay discovery pending resolution of the demurrer and mo...

Excerpt: ...ntative, Kim Mathis (“Mathis”), retained George Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). On March 20, 2020, Sandra Natali's (“Natali”) counsel (Jonas Bailey) sent Ross a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “Trust Subpoena�...

Excerpt: ...Plaintiff alleges that Defendant operates a chain of KFC restaurants in California, and that Defendant unlawfully denied Plaintiff and other aggrieved employees meal and rest periods, failed to provide accurately itemized wage statements, and failed to timely pay compensation. Now before the Court is Defendant's motion to stay. Analysis. Defendant requests the Court stay this action until the United States Supreme Court issues its decision in Vik...

Excerpt: ...of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages and $212,756.74...

Excerpt: ...work on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County (the “Haley Action”). By agreement of the parties, both actions were transferred ...

Excerpt: ... successors‐in‐ interest to Glenna Lemons (“Glenna”),1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard filed a demurrer to the...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ... subdivision (c)(1), “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” This provision “authorizes the court to make an award of reasonable attorney fees to a prevailing defendant, which will adequately compensate the defendant for the expense of responding to a baseless lawsuit.” (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1423 [citation omitted].) A prevailing ...

Excerpt: ...d as a defendant in the first and second causes of action. Cannon demurs to (1) the first cause of action for negligence on the ground that it fails to state facts sufficient to constitute a negligence claim; (2) the second cause of action for strict product liability on the ground that a strict liability claim may not be stated against a professional; and (3) the entirety of the SAC on the ground it is uncertain. (Code Civ. Proc., § 430.10, sub...

Excerpt: ...February 10, 2021, the Hutkin Firm filed a motion to be relieved as counsel, which was granted on April 1, 2021. The order relieving the Hutkin Firm was entered on April 26, 2021, and notice of entry of the order was served on counsel for Plaintiff as well as two representatives of Raylyn Farms on May 4, 2021. Following the Court's ruling relieving the Hutkin Firm, Morgan J. Good (“Good”), counsel for Plaintiff, had multiple communications wi...

Excerpt: ...�82‐300, which phases out and eliminates off‐ highway vehicle (“OHV”) use at the Oceano Dunes State Vehicle Recreation Area (“ODSVRA”) managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. (“Friends”), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, “EcoLogic”). All four of the petitions seek...

Excerpt: ...er objection in response and also filed a creditor's claim.1 Second Petition for Probate: On December 8, 2020, Ike Iqbal, trustee of Decedent's trust (Trustee), filed a competing petition for appointment as the personal representative of Decedent's estate. The petition reports the probate estate has no assets (presumably, they are all held by Decedent's trust) and that the sole beneficiary of Decedent's trust is his sister, Maninder Kuar. In supp...

Excerpt: ...n 17200, et seq. (the UCL), and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin July 18, 2022. Now before the Court is Defendants' m...