Excerpt: ...st since 2007, and was misclassified as an exempt employee. The complaint alleges that each Defendant is the alter ego of the other. (Cmplt., ¶¶ 17‐18.) The individual Defendants Quinn and Nichols demur to the entirety of the complaint on the grounds that it does not state facts sufficient to constitute a cause of action; and also move to strike specific lines in the complaint which reference “Labor Code §§ 558, 558.1 and other.”1 Speci...

Excerpt: ... to enforce the judgment against Defendant through a wage garnishment. Defendant has filed a claim of exemption in which he reports (a) his gross monthly income as $2,000, and (b) deductions of $200 for required federal and state withholdings, and $50 for a wage garnishment filed by the Employment Development Department (“EDD”). In addition to the existing wage garnishment, Defendant reports that his net monthly expenses ($1,850) exceed his n...

Excerpt: ...ent's son, alleges he is also a current beneficiary. Respondent disputes this, contending Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is a division between Marital and Family shares. The Family Share trust became irrevocable upon Jerry McKibben's death. The Trust held six ...

Excerpt: ... for Production of Documents (Set One) (“RFPs”), Special Interrogatories (Set One), and Form Interrogatories (Set One) on Defendant. On March 7, 2018, Jonathan Milder, Esq., Defendant's counsel, requested an extension of time to respond to the discovery request, which was granted through March 21, 2018. On March 21, 2018, Defendant served responses to the RFAs, Form Interrogatories, and Special Interrogatories, but failed to serve responses t...

Excerpt: ...itutional rights when he refused to accept mental health treatment from Dr. Kang‐Elliott. Dr. Kang‐Elliott is a medical doctor and part‐time psychiatrist at CMC. Mr. Sohner is a correctional officer at CMC. Defendants bring this motion for summary judgment (“MSJ”) on the ground that there are no triable issues of material fact that (1) Plaintiff has failed to timely or properly file a Government Tort Claim and therefore is barred from b...

Excerpt: ...the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) On February 14, 2017, Plaintiff filed a workers' compensation action with the California Workers' Compensation Appeals Board (“WCAB”) for recovery of compensation and benefits under California's Workers' Compensation Act (the “WC...

Excerpt: ...�Defendants”). The Defendants may oppose the motions orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No opposition has been received to any of Ken's motions. However, even when unopposed, the trial court is required to determine no dispute of material fact exists and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c(c).) Ken alleges he is the owner of real property located a...

Excerpt: ...ded complaint (“FAC”) alleges it operates a retail jewelry store located at 734 Main Street, Suite 1, Cambria, California 93428. (FAC, ¶ 2.) Plaintiff alleges that on January 11, 2017, Plaintiff entered into a Customer Agreement (the “Agreement”) for the purchase and installation of a security alarm system with Defendant, which system included a police monitoring alarm, monitoring plan, security camera, a three‐year alarm warranty, qua...

Excerpt: ...ey Damages and Indemnification was filed on November 29, 2017 (“Complaint”). Plaintiffs' first three causes of action were pleaded against Randy only, and Plaintiffs' fourth cause of action for indemnity was pleaded against Fidelity only. Fidelity demurred to the Complaint on the grounds that the fourth cause of action for indemnity was barred on its face by the statute of limitations. This Court granted Fidelity's demurrer with leave to amen...

Excerpt: ...mpons and fail to issue female inmates “sanitary napkins and/or tampons as needed”, in violation of equal protection, the California Constitution, and section 1265 of Title 15 of the Administrative Code. Plaintiff alleges one cause of action in her FAC and seeks injunctive relief and orders, as well as an accounting and repayment of money paid by female inmates. Plaintiff makes class allegations, and her proposed class is defined as “all pa...

Excerpt: ...elope with a window that provided access to Plaintiff's personal information. The litigation was settled, and on October 12, 2017, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement and a Motion for Attorneys' Fees and Costs pursuant to Civil Code section 1788.30(c). (Cal. Rules of Court, rule 3.769.) There is no opposition. The settlement provides for a $35,000 administ...

Excerpt: ...cannot be repaired to the level of the express and implied warranties. The second amended complaint (“SAC”) includes one cause of action for violation of the Song‐Beverly Consumer Warranty Act (Act). (Civ. Code, § 1790 et seq., “the Act”). On February 13, 2018, one day before this lawsuit was set to go to trial, the Parties settled this matter after a mandatory settlement conference (“MSC”) with Defendant agreeing to pay Plaintiffs...

Excerpt: ...ant to the parties' Operating Agreement (the “Agreement”) and Civil Code section 1717.1 Section 1717 provides in pertinent part: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...

Excerpt: ...y, Coasthills has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving each element of the cause of action which entitles it to judgment. (Code Civ....

Excerpt: ... Obispo. (Compl., ¶ 3.) Ms. Garrett was employed with Plaintiffs as Head of School at Eucasia's school, known as the Laureate School. (Compl., ¶ 6.) Plaintiffs further allege that Ms. Garrett formed Central Coast to “complete with Eucasia in the field of elementary education services.” (Compl., ¶ 8.) Plaintiffs further allege that Ms. Rowland is “responsible to some degree for the damages to the Plaintiff.” (Compl., ¶ 9.) Plaintiffs' ...

Excerpt: ... of oral contract between Plaintiff and Agenbroad; (3) breach of the implied covenant of good faith and fair dealing; and, (4) intentional infliction of mental and emotional distress. Plaintiff's FAC alleges that Plaintiff and Agenbroad were in a romantic relationship and, in early 2016 they decided to attend university and move in together. In January 2016, Plaintiff and Agenbroad entered into a written lease agreement with California West, Inc....

Excerpt: ...perty”). (Compl., ¶ 7.) The Premier Defendants1 allegedly acted as dual agents for Mr. Gunther, the seller of the Subject Property, and Plaintiff, the buyer. (Compl., ¶ 8.) Plaintiff alleges that on or about April 25, 2017, “defendants, falsely and fraudulently represented to Plaintiff that the property was in a condition to be developed and built upon, and that Plaintiff could build a house on the property as was his purpose...” (Compl.,...

Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...

Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...

Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...

Excerpt: ... 2016. Petitioner alleges he was covered by bodily injury liability insurance policies containing uninsured/underinsured motorist coverage that were applicable on February 4, 2015 (policy number BA 8646989), and January 26, 2016 (policy number BAA (16) 56 47 56 16). (See Exhs. 1, 2, to Declaration of Don A. Ernst (“Ernst Decl.”.) On June 28, 2017, Petitioner sent a letter demanding arbitration under the uninsured and underinsured motorist pro...

Excerpt: ...vit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because due to his mistake, inadvertence and surprise he was not aware of the hearing. Relief from the judgmen...

Excerpt: ...ion 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Relief from the judgment of dismissal is mandatory when there is an attorney affidavit of fault and the motion is brought within six months of the dismissal. (Code Civ. Proc., § 473(b).) Here, the motion w...

Excerpt: ...urther requests that Defendants provide additional support for the amount of the requested undertaking. Parties should come prepared to discuss dates for the continued hearing. ...

Excerpt: ...tes that Defendant failed to properly serve counsel for Plaintiffs with his Motion to Quash. Defendant's proof of service indicates that the motion was mailed to counsel for Plaintiffs at “928 W Grand AVE, Grover Beach, CA 93433,” on June 25, 2018. Per the address on the caption of the complaint, counsel's zip code is 93483. Thus, Plaintiffs were not properly served. Second, in his declaration in support of his Motion to Quash, Defendant decl...