Excerpt: ...gatories, Special Interrogatories, Request for Production of Documents (“RFPs”), and Request for Statement of Damages. (Bowen Decl., Exs. A ‐ D.) Plaintiff's responses to the Request for Statement of Damages were originally due on or before October 12, 2017, and responses to the remaining discovery requests were originally due on or before October 27, 2017. After obtaining extensions from Defendants' counsel, Plaintiff served unverified res...

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...

Excerpt: ... 4.) The contract contains a “Dispute Resolution” provision, providing: The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be su...

Excerpt: ...ng to the home station. Stark seeks to stay his payment obligations pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for servi...

Excerpt: ... years. Petitioner claimed an equitable and/or legal ownership interest in real property held by Decedent based on express and implied agreements, as well as the co‐mingling of her assets with Decedent's, which assets were then used to acquire the properties. Petitioner requested a constructive trust to ensure the security of her remedies for her claims of breach of express and implied agreements, breach of partnership agreement, quantum meruit...

Excerpt: ...merican Title Insurance Company and First American Trustee Servicing Solutions, LLC (collectively “First American”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. The day after the sale, First American declared the sale invalid and returned Plaintiff's payment. First American demurs here to the com...

Excerpt: ...ory penalties of $3,600 per Civil Code section 1950.5, et seq. “for retention of deposit in bad faith1 ,” and “damages...for financial abuse of an elder.” (Compl., ¶ 10.) Plaintiff indicates that her damages are greater than $10,000 but less than $25,000, classifying the action as limited civil. Plaintiff alleges that she is, and has been at all relevant times, over 65 years old; that she entered into a contract (“the Lease Agreement�...

Excerpt: ... Dr. Hernandez, Jamie Blair, LIC/Social Worker, John B., William B., Michael B.” (Compl., passim.) Plaintiff's form complaint alleges causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusio...

Excerpt: ...of Civil Procedure section 437c. The motion and supporting papers were served on Defendant on March 6, 2018. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to the cause of acti...

Excerpt: ...complaint relates to a loan modification she requested for real property located at 4321 La Panza Road, Creston, California (the “Subject Property”). (Compl., p. 1, ll. 26‐27; ¶ 2.) Plaintiff claims she and Defendant “orally agreed to undergo a loan modification review in good faith in May of 2017.” (Compl., ¶ 15.) Plaintiff alleges has provided all necessary documents to Defendant to process her request, but has received no response....

Excerpt: ...attorney, Sig Haddad, Esq., as well as a copy of the lease containing the attorney's fees provision and invoices from her counsel. No opposition has been filed by Defendant Leanne M. Rozier (“Rozier”) The proof of service for the motion shows that it was timely served by mail on Rozier. However, the Court has no evidence in its file that the address to which the motion was mailed is a correct address for Rozier. The Court understands that Roz...

Excerpt: ...spo County, which was granted. The case was transferred and filed in the San Luis Obispo Superior Court on March 9, 2018. Plaintiffs allege that they entered into an agreement with San Luis Bail Bonds, Inc. and American Contractors Indemnity Company to provide for a bail bond to secure the release of Michael Daubney (“Michael”), on or about June 13, 2013. The agreement was secured by real property owned by Plaintiffs located in Carlsbad, Cali...

Excerpt: ...tinent facts are taken from the Administrative Record1 (“AR”) and Petitioner's moving papers. Petitioner is currently incarcerated at California Men's Colony (“CMC”) in San Luis Obispo. (Petition, p. 2, ll. 1‐2.) On March 22, 2018, CDCR submitted an Involuntary Medication Notice (“the Notice”), alleging that Petitioner was a danger to others. (AR, Notice, pp. 1‐2.) CDCR further alleged that Petitioner had been diagnosed with schiz...

Excerpt: ...ing on Claim of Exemption, and a Notice of Opposition to Claim of Exemption. As of May 1, 2019, the San Francisco County Sheriff's Office is holding $355.10. Pursuant to Code of Civil Procedure section 706.050, Judgment Creditor is only entitled to garnish the lesser of: • 25% of Judgment Debtor's disposable earnings. (Code Civ. Proc., § 706.050(a)(1).) “Disposable earnings” are those earnings remaining after deduction of any amounts requi...

Excerpt: ...to Dr. Slaughter, after Plaintiff failed to respond properly to discovery, failed to comply with a discovery order which had repeatedly been brought to Plaintiff's attention, failed to appear at a trial setting conference, and failed to oppose or respond to the motion for terminating sanctions. On September 13, 2017, the complaint was dismissed with prejudice as to the two remaining Defendants, Arroyo Grande Community Hospital and Dignity Health,...

Excerpt: ...lieu thereof; (2) failure to issue accurate wage statements; (3) failure to timely pay wages due at termination; and (4) unfair competition. (Compl., passim.) Before the Court is Defendants' motion to compel arbitration and stay Plaintiff's complaint. Plaintiff signed an agreement (“the Arbitration Agreement”) to arbitrate any and all claims arising out of his employment with Defendants on an individual basis, as provided in the excerpts belo...

Excerpt: ...ven at the same time as the original obligation (i.e., the agreement to provide capital, services, and materials); and as such, it forms part of the consideration. “If the only claimed reliance is performance of the act bargained for, the doctrine is inapplicable.” (1 Witkin, Summary of Cal. Law (11ed. 2017) Contracts, § 248.) As the promise of payment, upon which the promissory estoppel claim is based, was part of the original consideration...

Excerpt: ...nd injunctive relief; (3) judicial determination of buyout price by disassociating partner; (4) breach of contract and breach of fiduciary duty; and (5) declaratory relief. The named defendants are Amy Elizabeth Henry and John Frederick Henry (“the Henrys”); and Julia Ann Johnston and Clyde Gene Johnston1 (“the Johnstons”), named in their individual capacities and in their capacities as trustees of the Julia Ann Johnston Revocable Living ...

Excerpt: ...he truth about his ex‐wife.” (Request, ¶ 3.b.) Petitioner claimed Respondent was “determined” that Petitioner was dating Respondent's ex‐wife, and Petitioner feared Respondent “may cause harm or harassment to my family if I do not respond to what he wants.” (Ibid.) Petitioner also claimed that Respondent stated he would “come see [Petitioner] personally at home or at my workplace” if Petitioner refused to talk to him. (Id. at �...

Excerpt: ...orney, by which Stanard became self‐represented. On December 18, 2017, Cross‐Complainants served Special Interrogatories, Form Interrogatories, and Requests for Production of Documents (collectively “Discovery”) on Stanard at the address shown on the substitution of attorney he filed with the Court. After responses to the Discovery were due, and in response to a letter from counsel for CrossComplainants inquiring about responses, Stanard ...

Excerpt: ...e was significant water intrusion which caused extensive water damage such that Plaintiffs could not operate their retail business. The complaint also included Lanett's claim for personal injuries based on her exposure to toxic mold. Defendants initially demurred to all causes of action on the grounds the claims were barred by the exculpatory provision in the Lease. The demurrer was sustained with leave to amend as to Standard, Inc., sustained wi...

Excerpt: ...of Requests for Admission (“Requests”) on Schmidt via mail. Schmidt did not respond, and on April 20, 2018, Stevens filed this Motion for an Order Establishing Admissions and for Monetary Sanctions (“Motion”). Stevens establishes in her declaration that the Requests were properly served, that the time to respond has expired, that as of the date of the filing of the Motion no responses have been provided, and that she has incurred $97 in c...

Excerpt: ...to Code of Civil Procedure section 2033.280, if the responding party fails to timely respond to requests for admissions, upon noticed motion, the Court shall order that the truth of any matters specified in the requests be deemed admitted, unless proposed responses in substantial compliance with Code of Civil Procedure 2033.220 are filed before the hearing. Defendant has not filed any proposed responses or responded to the Motion. The unopposed M...

Excerpt: ...and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for service of process for Lakeview at least 10 days before the hearing date in the manner provide...

Excerpt: ...intiff John Lowry alleges that, on March 11, 2016 and while employed with Defendant, he was injured in a fall while attempting to board a vessel moored at a pier. Plaintiffs now seek to file a first amended complaint (“FAC”). With the proposed FAC, Plaintiff Heather Lowry will abandon her claim for loss of consortium, meaning Mrs. Lowry will no longer be a party to this action. Plaintiff John Lowry requests to add additional claims in the FAC...