Excerpt: ...ter demurrers, there are three causes of achon at issue in Plaintiff's Third Amended Complaint (TAC): Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Defendant seeks summary judgment or summary adjudication as to these causes of action. A. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. ...

Excerpt: ...endant entered into a transaction with Westlake Farms, Inc. (Westlake) and Ceil Howe, Jr. by which: (1) Westlake and Mr. Howe's predecessors in interest sold 14,469 acres of farm land in the Kettleman City area of California to Defendant (the Land Sale Agreement); (2) Westlake, via a Leaseback Agreement, leased back more than 12,000 acres of that land from Defendant for a minimum term of 30 years to farm. (Compl., '17.) Plaintiff alleges the Leas...

Excerpt: ...and Labor Code section 1102.5. Factual Allegations In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then-employer, the Lucia Mar Unified School District (LMUSD), for its alleged violation of the Education Code by MUSD's installation of video cameras in Plaintiff's instructional area. (Compl., '1 1.) On October 10, 2017, Plaintiff sent an email to the parents of an affected student with a copy to LMU...

Excerpt: ...Plaintiff to the San Luis Obispo Police Department in July 2019, and on Facebook. Trial in this matter is set for February 26, 2024. Plaintiff seeks to file a first amended complaint which: (1) clarifies the actionable statements attributed to Hale; (2) attaches additional exhibits that reflect the date and time Hale made her Facebook statements; and (3) dismisses the cause of action for defamation — false light. No opposition is on file. The C...

Excerpt: ...the demurrer with leave to amend and granted the motion to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) violation of state and federal civil rights; 2) trespass; 3) oppression, fraud and malice; 4) Bane Act violation; and 5) vicarious liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises owned by Plain...

Excerpt: ...her defendants in this action have been dismissed or had judgment entered in their favor after successful motons for summary judgment. Davis is named as a defendant in first (intentional interference with expected inheritance), second (fraud), third (constructive fraud), tenth (breach of fiduciary duty), eleventh (breach of fiduciary duty), twelfth (breach of fiduciary duty), thirteenth (breach of fiduciary duty), twenty-second (intentional infli...

Excerpt: ...ver the term of the Lease Agreement ("Contract") of $28,214.52. The complaint alleges violations of the Song-Beverly Consumer Warranty Act (the "Act"), and (Civ. Code S 1790 et seq.). Shortly after entering into the lease agreement, Plaintiffs presented the Vehicle to Defendant for repairs, specifically for defects related to: (a) hesitation during acceleration on two (2) separate occasions; (b) abnormal loud thud and rattling noises while drivin...

Excerpt: ...essary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant filed a demurrer to the FAC on the grounds that Plaintiffs claims are barred because the achon was not brought within six months of the rejection of his government claim, and that Plaintiff has failed to "state a cognizable claim for relief as to any theory of liability." (Demurrer, p.l.) No opposition is on file. Demurrers can be us...

Excerpt: ...red and/or distributed by Defendant Diamond C Trailers ("Diamond C") and/or The Trailer Specialist, Inc. ("Trailer specialist") (SAC, '123-24.) The truck, trailers and ATVs were owned by Defendants Orchard City RV, LLC ("Orchard") and Matthew Gordon ("Gordon"). (SAC, 3.) At the time of the incident, Jutila was acting as an agent for Defendants Orchard and Gordon. (SAC, 6.) Jut-ila was driving to deliverthe equipment to the California Department o...

Excerpt: ...fendants, including Respondent. On April 11, 2022, the Nevada court dismissed Respondent from the action for lack of personal jurisdiction. (Declaration of Ronald Green (Green Dec.), Ex. 1.) On November 4, 2022, Petitioner served Respondent, a California res-dent, with a deposition subpoena for personal appearance and production of documents, electronically stored information, and things in action appearing outside California. (Green Dec., Ex. 2....

Excerpt: ...and breached its warranty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Now before the Court is Plaintiff's motion to compel the deposition of Defendant's person most knowledgeable (PMK) and request for production of documents. Discussi...

Excerpt: ...r 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. Plaintiff now moves for leave to file a second amended complaint. Plaintiff's proof of service shows that she served the motion on counsel for Defendants via email on July 14, 2023. No opposition is on file. Plaintiff's points and authorities describe the amendments she proposes to make to her SAC, and she provides a declaration and a copy of the FAC....

Excerpt: ...urrently before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendants argue the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All document...

Excerpt: ... with a related achon filed on March 13, 2023, by Defendant against Plaintiff. The actions arise out of ownership, control and management of Grossini's Autobody, lnc„ located in Grover Beach (Grossini's or the Corporation). Plaintiff now seeks a preliminary injunction restraining Defendant and her agents representatives, or persons acting in concert or participation with her, from "controlling, transferring, withdrawing, encumbering, or otherwi...

Excerpt: ... driven by McCullough. The incident occurred on February 15, 2019, on the US-IOI freeway near Price Street in Pismo Beach. Plaintiffs allege that the collision was caused by McCullough's negligent driving. Pursuant to Code of Civil Procedure section 1030, 1 McCullough and RTA (collectively Defendants) move for an order requiring Plaintiffs to file an undertaking in the amount of $37,009.00 to secure any award of costs that may be awarded against ...

Excerpt: ...ntial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) A. CenCal Health's Motion to Seal Sections of Exhibit 54 CenCal Health reports that exhibit 54 contains highly confidential information relating to CenCal's provider payment methodologies...

Excerpt: ... SLO, L.P. (Garden Street),l hired Specialty Construction, Inc. (Specialty) to serve as its general contractor, and Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanic's liens. On October 4, 2019, one of the subcontractors, Sahara Constructon Co., Inc., filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross-com...

Excerpt: ...cedent was enrolled as a Medi-Cal recipient. Capitation payments are part of a "risk-sharing arrangement" between Medi-Cal and a managed care organization (MCO), under which Medi-Cal pays a monthly fixed amount for each enrolled person to cover contracted services (capitated basis), and the MCO "assumes the full risk for the cost of [those] contracted services without regard to the type, value or frequency of services provided." (Centinela Freema...

Excerpt: ...vin Newsoml ; Jay M. Coggan, individually and in his official capacity as commanding general of the California State Guard2 Peter 8. Cross, individually and in his official capacity as commander of California Military Department Youth & Community Programs Task Force; and Francisco Flores, individually and in his official capacity as commander of Grizzly Youth Academy (GYA). On October 12, 2022, this Court issued a ruling on a demurrer to the comp...

Excerpt: ...r) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition). on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs plus...

Excerpt: ... her claims. On March 1, 2023, the Court granted Plaintiff's counsel's motion to withdraw as counsel for Plaintiff. Before withdrawing, Plaintiff's counsel filed the subject motion to continue the trial date and the hearing on the State's motion for summary judgment. Defendant Adam McLaughlin does not oppose a continuance. (Declaration of Terence D. Edwards ("Edwards Decl."), 4.) State would not stipulate to continue the trial and summary judgmen...

Excerpt: ...nd negligence. Now before the Court is Replogle's motion to strike Plaintiffs' request for punitive damages. A. Background Facts Cambria is a Limited Partnership and the owner of real property located at 1509 24th Street in Oceano, California ("Cambria Property"). Rust is the owner of real property located at 1517 24th Street in Oceano, California ("Rust Pro#rty"). Willard lives in the Cambria Property as a tenant of Cambria. Replogle is the owne...

Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...

Excerpt: ... March 2019. Defendants filed an answer generally denying all allegations and asserting affrmative defenses. Plaintiff reports the matter has been resolved and seeks preliminary approval of the settlement by the Court. Specifically, Plaintiff seeks an order as follows: 1. Preliminary approval of the settlement described in the Stipulation of Settlement of Class and PAGA Action Claims and Release of Claims, attached as Exhibit 1 to the Declaration...

Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, 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 aga-nst all Defendants. Shortly before the jury trial in t...

Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although it is not a party to t...

Excerpt: ...from Eagle. Then as Cross-complainant Eagle Energy, Inc. ("Eagle") was granted summary judgment on its breach of contract claims against Cross- Defendants WCG and Letters, the amount of damages to be awarded to Eagle was left to be tried by jury. Judgment was entered on the amounts determined after jury trial. Eagle now seeks to amend the judgment to include prejudgment interest on the ground that interest was capable of being made certain by cal...

Excerpt: ...m moves here for its attorneys' fees and costs incurred in domesticating the Judgment and in attempting to collect on the Judgment, in the amount of $1,470.36. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice ("RJN") is granted; the Court shall take judicial notce of Exhibits 1-3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that...

Excerpt: ...ondragon and Jiminez, dba Paradise Grill ("Lessee") leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $204,687, 13, exclusive of attorney's fees and costs. (Leggitt Decl. '192-11.) On September 22, 2022, Plaintiff filed an Application for the Right to Attach Order a...

Excerpt: ...efendant appeared for arraignment and executed a waiver of personal presence under Penal Code section 977 ("977 waiver"). 1 (Opposition, Ex. A.) Defendant did not appear thereafter, with all appearances being made by his attorney. (See Motion, Ex. B.) On February 9, 2022, at a pretrial conference, Defendant's counsel informed the court that he had lost contact with Defendant and the Court ordered the bond forfeited. A Notce of Forfeiture was file...

Excerpt: ..., before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendant argues the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All documents inclu...

Excerpt: ...Center, Galileo Surgery Center, Camarillo Ambulatory Surgery Center, Spanish Hills Surgery Center, Cypress Ave. Realty Investment Co., LLC, Central Coast Medcare, LLC, PK Surgery Investors, LLC, Healthcare Billing & Bookkeeping Services, Inc., Healthcare Billing and Management Services, Inc., Boris Pilch, M.D., Jashvant Patel, M.D., and Marc Wolfsohn, M.D. (“Defendants”) Þled a mo
Ÿon for summary judgment, which was granted in its en
Ÿrety...

Excerpt: ...ect that was not dangerous as a matter of aw. It also contends that Frucht cannot prove City had actual or constructve notice of the defect. Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) As the moving party, City has the initial burden to show the cause of action has no merit by either showing that one or more e...

Excerpt: ...s pecuniary damages pursuant to the Third Cause of Acton for Slander of Title." As such, Plaintiff is entitled to its attorney fees as damages. Defendant San Luis Obispo Guild Hall opposes the motion, arguing it is improper because Defendant has appealed the Court's ruling on Plaintiff's summary judgment moton. Defendant contends the Judgment awarded Plaintiff attorney fees "once as damages," but that Plaintiff now seeks to "double that recovery ...

Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal act...

Excerpt: ...thwest of the community of Coalinga (the "Park Fire"). Calvin Louis Norman ("Norman") and Bryan Dillard ("Dillard") have since been added to the achon as defendants. The Kester Plaintiffs' operative pleading against the County and Norman alleges seven causes of action for: 1) inverse condemnation, 2) negligence, 3) nuisance, 4) trespass, 5) violation of Health and Safety Code section 13007, 6) Vehicle Code section 17001, and 7) Government Code 83...

Excerpt: ...rt as a director. On December 8, 2022, Robert filed a second amended cross- complaint (SAXC) against Steve. The SAXC also added BBC as a defendant and asserted derivative claims on its behalf. Currently on calendar is Steve's demurrer to the first, fourth, fifth, sixth, seventh, and eighth causes of action in the SAXC on the ground that they are uncertain and fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430....

Excerpt: ...sts ("Judgment Amount"). (Agreement 1). The Agreement sets forth a payment schedule and provides that upon default of any payment the entire judgment, less any amounts paid, is due and Plaintiff can move to vacate dismissal and request entry of judgment. (Agreement 1, 3, 4 and 7). On December 20, 2021, the Court dismissed the case pursuant to the Agreement and retained jurisdiction under Code of Civil Procedure section 664.6 ("section 664.6"). Pl...

Excerpt: ...ended Cross-complaint ("FACC") alleges that the founding members orally agreed to enter into a partnership to grow and sell cannabis to dispensaries (the "Oral Agreement"). (FACC '112.) The parties formed the LLC and entered into a written Operating Agreement ("Operating Agreement") in accordance with the Oral Agreement. (FACC 14, 33.) The parties located agricultural real property ("Property") and agreed that Pritz would purchase the Property be...

Excerpt: ...ntinued to serve as the 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 sub-trusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Diane Davies (Davies) as the court-appointed successor tru...

Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...

Excerpt: ...er 7, 2018, Plaintiffs' son, Jordon Grant,l was riding his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. At the tme of the incident, a GoPro camera was attached to Jordan's helmet. The memory card (Micro Secure Digital Card [SD Card)) from the GoPro camera was subs...

Excerpt: ...ground Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2020 Plaintiff was employed by Defendant as a "direct support professional" and part of the frontline staff that took care of the residents. (UMF 9-10.) Plaintiff was employed at Sunset House. Plaintiff's job duties included helping residents wit...

Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...

Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...

Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...

Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...

Excerpt: ...tlement, and the matter was dismissed as to Nahmias' claims. Petitioner now petitions, pursuant to Code of Civil Procedure sections 1085, 1094.5 and 1102 for the following relief: 1. An alternate and peremptory writ of mandate and prohibition commanding Respondents to take no further enforcement measures against Petitioners; 2. A stay, temporary restraining order, preliminary, and permanent injunction prohibiting Respondents from taking any furth...

Excerpt: ... of action for constitutional taking. The dispute concerns a billboard located on Plaintiff's property, located at 6020 Conejo Road in Atascadero (the Property). With his request for writ of mandate, Petitioner requests the Court order Respondents to allow reconstruction of the billboard. l. Factual Background. A. The Original Billboard. Petitioner alleges he acquired the Property on April 26, 2016. (Pet„ 1.) Petitioner alleges the billboard on...

Excerpt: ...dants' filing that civil action. Defendants filed a demurrer to the original complaint in this action that was scheduled for hearing on June 15, 2023. Plaintiff filed a First Amended Complaint ("FAC") on May 15, 2023, that became the operative complaint. The demurrer is therefore moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-505.) Two motons are at issue: Defendants' Motion to Strike the FAC and Defenda...