Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...

Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...

Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...

Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...

Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...

Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...

Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...

Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...

Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...

Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...

Excerpt: ...quest 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 orthe same have been waived by the ...

Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...

Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...

Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...

Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...

Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...

Excerpt: ...e of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration (AAA), and for a stay of the action pending arbitration. The moton and supporting papers were served on Defendants' counsel on October 4, 2023; no opposition is on file. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Hey...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...pleton Property). On November 22, 2015, Decedent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...

Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. 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 November 13, 2023. Defendant Ezzell now brings a moton to dismiss...

Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...

Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...

Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...