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: ...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...

Excerpt: ...August 3, 2020. Trial was continued to April 5, 2021, due to the coronavirus pandemic. Trial was then rescheduled to November 1, 2021, before being continued again at Plaintiff's counsel's request to the current trial date of April 18, 2022. Now before the Court is Defendants' motion for leave to perform a second defense medical examination. Defendants outline the following timeline of events: ‐ Plaintiff sat for her first deposition in July 20...

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: ...yet been issued. The complaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 The hearings on these matters were originally scheduled on December 14, 2022, b...

Excerpt: ...no Real in Atascadero (the “Site”). Currently on calendar is the City's demurrer and motion to strike. For the reasons set forth below, the Court overrules the demurrer to the first four causes of action and sustains the demurrer without leave to amend to the fifth cause of action. The hearing on the motion to strike will be continued to May 10, 2022. The FAP sets forth the following allegations. The First Proposed Project: The Project as ori...

Excerpt: ...omplaint (FAC) alleges one cause of action for breach of contract against TFHI, and one cause of action for breach of contract against Mondo. Plaintiffs allege that, beginning in early 2019, TFHI began looking for a $600,000 cash infusion, and “settled on receiving loans from private lenders identified by its agents; loans which would be secured by adequate collateral.” (FAC, ¶ 8.) Plaintiffs allege that, at the time, TFHI lacked adequate co...

Excerpt: ...d 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. On September 13, 2021, this Court (Hon. Linda D. Hurst, presiding) issued a ruling on Defendants' motion to compel the depositions of Plaintiffs' exp...

Excerpt: ... is joined in that objection by his wife, Sharon Kimball (Kimball).2 The objections report that Respondent executed new estate planning documents in 2017, nominating Kimball as his attorney‐in‐ fact for management of property and personal affairs, agent for healthcare decisions, and proposed conservator if needed. Respondent submitted copies of the relevant documents with the Court when he filed his objection on July 15, 2021. Based on allega...

Excerpt: ...ation reporting they had reached a settlement agreement and asking the Court to retain jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”).1 The stipulation also requested that the Court set a date after December 1, 2021, for dismissal. The Court set December 8, 2021, as the dismissal date. On November 29, 2021, the Court served counsel for the parties a Notice of Hearing and Zoom Information setting an Order to Show Ca...

Excerpt: ...iff signed via DocuSign that same day. Plaintiff does not dispute that she signed the agreement. She has submitted a non‐opposition and agrees to arbitrate the dispute. In addition to the motion to compel arbitration, Defendant has filed a motion for sanctions for violation of Code of Civil Procedure sections 128.5 and 128.7.1 Under section 128.5(a), “[a] trial court may order a party, the party's attorney, or both to pay the reasonable expen...

Excerpt: ...ed subrogation action, Case No. 20CVP‐0076, California Joint Powers Insurance Authority v. Estate of James Eickholdt. The California Joint Powers Insurance Authority (the “Insurance Authority”) alleges that it has paid and continues to pay workers compensation to and on behalf of Officer Torres. Officer Torres alleges that Eickholdt owned a Rottweiler mix dog named Thor and a German shepherd mix dog named Loki (the “Aggressor Dogs”), wh...

Excerpt: ...on to EHHOA (Set Two) (the “RFPs”). The motion, as to the Interrogatories, is brought pursuant to Code of Civil Procedure § 2030.090, on the grounds that the number and nature of the interrogatories present EHHOA with unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. EHHOA seeks a protective order that orders one or more of the grounds enumerated in Code of Civil Procedure § 2030.090, subdivision (b)(1) – (...

Excerpt: ...s: a probate action, a lawsuit based on DiLeonardo's creditor's claim against the Estate, and this partition action filed by Baker. The parties reached a settlement. DiLeonardo now contends that Baker has breached and backed out of the settlement agreement and seeks an order from the Court enforcing the settlement. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before ...

Excerpt: ...tions, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that wi...

Excerpt: ... affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is Discover's motion for summary judgment or, in the alternative, summary adjudication. The motion addresses the first two causes of action for open book account and account stated. The motion and supporting papers were served on Montero; no opposition has been filed. As an initial matter, the Court grants Discover Bank's request for judici...

Excerpt: ... causes of action, including various Labor Code violations on behalf of Plaintiff and similarly situated current and former employees. On her own behalf, Plaintiff alleged causes of action for wrongful termination, intentional infliction of emotional distress, and retaliation, among other things. The complaint also included a cause of action under the Private Attorneys General Act (PAGA). On November 17, 2020, the Court stayed the class and PAGA ...

Excerpt: ..., 2022. Now before the Court is Defendants' motion to compel Plaintiff to proceed with oral examination at deposition and request for sanctions in the amount of $4,050. The Court has reviewed the moving, opposing, and reply papers and rules as follows: Per the parties' agreement and Defendants' deposition notice, Plaintiff appeared for her deposition on August 11, 2021, via Zoom. At the conclusion of the deposition, all parties agreed they could ...

Excerpt: ...emotional distress. Luke Lourenco (“Luke”)1 is the sole plaintiff alleging the first two causes of action against Defendant. The third cause of action is alleged against Defendant by Plaintiffs Lilly Lourenco, Holly Lourenco, and Joshua Lourenco. Luke is the son of Holly Lourenco and Joshua Lourenco, and brother of Lilly Lourenco (FAC, ¶ 1.) The FAC alleges that on or about December 30, 2019, Plaintiffs were camping in the City of Pismo Beac...

Excerpt: ...or (1) breach of contract and (2) breach of implied covenant of good faith and fair dealing. Plaintiff alleges the late Mr. Humphreys breached a partnership agreement relating to an American Quarter Horse stallion named “That CD Rocks” (the Stallion). Plaintiff alleges Ms. Owens is now in possession of the Stallion. Plaintiff now moves to compel the depositions of Miles Humphreys and Ms. Owens. As to Defendant Miles Humphreys, defense counsel...

Excerpt: ...n's wife, individually and as successor‐ in‐interest of the Estate of Hailey Hartman, and as Guardian ad Litem to Brandon Ronson Hartman (“Plaintiffs”) filed a first amended complaint for wrongful death and survivor action, against French Hospital and Dr. Porterfield (the “FAC”). On December 8, 2021, Plaintiffs dismissed French Hospital from the action. Dr. Porterfield now moves for summary judgment, pursuant to Code of Civil Procedur...

Excerpt: ...om a fatal car accident that occurred on November 10, 2018, in an unincorporated area of San Luis Obispo County. Defendant Ricker was driving one of the vehicles involved in the accident. Now before the Court are six motions to compel filed by Ricker, all of which were properly served and are unopposed: (1) Motion to compel Ronald Parke's responses to special interrogatories (set one) without objection and for sanctions in the amount of $1,260; (...

Excerpt: ...reed to dismissal of the matter without prejudice. The Stipulation also requested that the Court reserve jurisdiction to set aside the dismissal and order judgment pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”) upon a showing of Defendant's default. The Court signed an order to that effect on March 23, 2021, and the matter was dismissed that same day. Under the Stipulation, Defendant was to pay the sum of $46,215.26 as fo...

Excerpt: ...ion; (5) harassment based on disabilities and perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, d...

Excerpt: ...�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 now demurs to the FAC, and to each ca...

Excerpt: ...nd Steven Fear (the “Fears”) damages of $7,000,000. Currently before the Court are the Fears' and Long's (“Plaintiffs”) motions for attorneys' fees. Plaintiffs seek fees pursuant to Code of Civil Procedure section 2033.4201 , on the ground that they propounded requests for admission (“RFAs”) which Defendants denied, requiring that certain contentions be proven at trial. In particular, Plaintiffs state they served RFAs regarding: (a) t...

Excerpt: ...ition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (The “San Diego Action”; Exh. C to Albence Decl.) Per the Notice of Related case filed in this matter, the San Diego Action was filed on September 14, 2021, one week before this complaint in interpleader was filed. The cross‐complaint in this action and the amended complaint in the San Diego Action assert the same five causes of action, ...

Excerpt: ...round related to the motions currently on calendar. On August 5, 2021, Keith McKibben (“Petitioner”) electronically served written discovery on Karen Tallent (“Respondent”). The discovery included (1) requests for admission (set three); (2) special interrogatories (set two); (3) form interrogatories (set three); and (4) requests for production (set three). Respondent served responses by mail on September 7, 2021. The response to each disc...

Excerpt: ... Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to Plaintiffs' respective properties near Lake N...

Excerpt: ... Luis Bay Estates Homeowners Association (the HOA). San Luis Bay Estates (SLBE) is a common‐interest development, subject to the Davis‐Stirling Act and governed by the HOA. (Defendant's Undisputed Material Facts [DMF] 1.) SLBE was developed, in part, by Rossi. (Rossi Dec., ¶¶ 2 – 5.) The lawsuit asserts causes of action for: (1) quiet title to deeded easement; (2) quiet title to prescriptive easement; (3) quiet title to equitable easement...

Excerpt: ...anted preliminary approval of the settlement and set a Final Approval Hearing for January 13, 2022. Plaintiff now moves for final approval of the settlement and concurrently moves for approval of his attorney fees, costs, and service award. (Cal. Rules of Court, rule 3.769.) The motions are unopposed. Motion for Final Approval of the Class Action Settlement In support of the motion for final approval, Plaintiff submits his own declaration, as wel...

Excerpt: ...CR). Plaintiff is currently an inmate at the California Men's Colony (CMC) in San Luis Obispo County. Plaintiff's lawsuit stems from the CMC Investigative Unit's contraband search of Plaintiff's dormitory. Plaintiff claims that after the search, his personal items were scattered, and various items were missing from his locker. Plaintiff proceeded with an administrative appeal to seek $65 in compensation for his missing property. After the appeals...

Excerpt: ...anted preliminary approval of the settlement and set a Final Approval Hearing for January 13, 2022. Plaintiff now moves for final approval of the settlement and concurrently moves for approval of his attorney fees, costs, and service award. (Cal. Rules of Court, rule 3.769.) The motions are unopposed. Motion for Final Approval of the Class Action Settlement In support of the motion for final approval, Plaintiff submits his own declaration, as wel...

Excerpt: ...betting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. Currently before the Court are five motions to compel filed by Plaintiff Andrea Braff, as follows. (1) Motion to compel further responses to requests for production (RFPs) propounde...

Excerpt: ...fornia. The amount in controversy is approximately $22,000. (Cmp., Prayer for Relief, ¶¶ 1, 2, 6‐9 [prayer for relief].) On October 30, 2019, Plaintiff propounded written discovery, including requests for admission, set one, (“RFAs”) on Marissa and Seaside. When no responses were provided, Plaintiff filed motions, on April 14, 2020, to deem the RFAs admitted and to compel written responses to the other outstanding discovery. No opposition...

Excerpt: ...(“RFAs”) on Donald. Because the discovery was served by mail, Donald had until July 26, 2021, to respond. (Code Civ. Proc., §§ 2033.250, 2016.050 [§ 1013 applies].)2 On August 10, 2021, Plaintiff filed this motion pursuant to section 2033.280, seeking to have the RFAs admitted. Donald opposes the motion, reporting that his prior counsel did not inform him of the discovery requests.3 He states that he did not find out about the outstanding ...

Excerpt: ..., and requests for production, on Carl Goedinghaus (“Plaintiff”). On May 28, 2021, Plaintiff served (by email) responses to the special interrogatories only. After an attempt to meet and confer, to which Plaintiff did not respond, Hazeltine now seeks to compel further responses to special interrogatory numbers 13, 19, 29, 31, 33, 37‐41, 45, 54‐61, 84, 88, 96, 98, 104, 107, 108, 112, 116, 120, 128, 132‐135, 144, 146, 149, 151, 153, 155, ...

Excerpt: ...s of the Labor Code, the ninth of which asserts a violation of the Business & Professions Code, and the tenth of which asserts a claim under the Private Attorneys General Act (PAGA1 ). Now before the Court are four motions to compel arbitration, one filed against each Plaintiff. This ruling addresses Justin's motion to compel arbitration as to Blanca2 Verduzco. Legal Authority. Under California law, “[a] written agreement to submit to arbitrati...

Excerpt: ...arm; (5) elder abuse‐ financial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Defendants now demur, pursuant to Code of Civil Procedure section 430.10(e), to the complaint and to each cause of action on the grounds that they fail to state a claim. Defendants have further filed a motion to strike certain portions of the complaint. Def...

Excerpt: ...aside the default pursuant to Code of Civil Procedure section 473 (“Section 473(b)”). Section 473(b) provides for two types of relief – discretionary and mandatory. Cowden seeks relief under the mandatory provision. (Mtn., p. 3, ll. 1‐3.) Under that provision, when an attorney files an affidavit of fault “attesting to his or her mistake, inadvertence, surprise, or neglect,” the court must vacate an entry of default and/or a resulting ...

Excerpt: ... and Debora Chase Revocable Living Trust dated February 2, 2006's motion to compel Ryan Petetit a.k.a. Ryan Wright (Wright)'s further response to form interrogatory no. 15.1, and request for monetary sanctions in the amount of $3,000 against Wright and his attorneys. On January 20, 2020, Plaintiffs propounded form interrogatories, set one, on Wright. On or around March 10, 2020, Wright served responses to the interrogatories, including to interro...

Excerpt: ...unitive damages. This case has not been set for trial. Neither party has posted jury fees. Plaintiffs allege that, in May 2013, they hired Defendant Handy Home to perform repairs to and around their home. Plaintiffs further allege that Handy Home's employee, Owens, secretly filmed and photographed Tanya1 with the intent of transferring, storing, and keeping the images “for his own inappropriate personal use.” Plaintiffs allege that in Novembe...

Excerpt: ...mplaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 For the reasons set forth below, the demurrer is sustained with leave to amend; and the motion to stri...

Excerpt: ... on June 16, 2021. Now before the Court is Plaintiffs' demurrer to Defendants' answer. Discussion Plaintiff demurs to 21 of the 25 affirmative defenses asserted by Defendants. Plaintiff argues that several of the affirmative defenses lack factual support; that the answer improperly alleges denials in the form of affirmative defenses; that the affirmative defenses are duplicative and uncertain; and that Defendants' reservation of additional affirm...

Excerpt: ...and as trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are two motions to compel filed by Petitioners: 1. Motion to compel Kim Kunz's further responses to Petitioners' special interrogatories (set one) ...

Excerpt: ... (CCP § 1094.5), and/or writ of traditional mandate (CCP § 1085) on May 11, 2021. The action is filed against the California Department of Parks and Recreation (“State Parks”), County of San Luis Obispo (the “County”), California Department of General Services (“DGS”), State of California (the “State”), San Luis Obispo County Air Pollution Control District (the “APCD”), the APCD Board of Directors, the APCD Hearing Board, an...

Excerpt: ..., 2020, termination from employment. (AR 34, 38.) Petitioner requests that he be reinstated to his position with the Department with back pay and benefits from the date of his termination. The October 23, 2019, Incident. On October 23, 2019, Petitioner was present at a training class at the Department's Honor Farm. Prior to classroom instruction, Petitioner walked by a female employee named Brooke Jordan, whom he knew from her work as a psychiatr...

Excerpt: ...or Inspection of Real Property, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the s...

Excerpt: ...t to Code of Civil Procedure section 436 and 436 to strike Plaintiff's punitive damages claims from the complaint. (Notice of Motion, 1:26‐2:21.) Plaintiff opposes the motion. Legal Standard Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...

Excerpt: ...defamation – false light; and (3) intentional infliction of emotional distress (“IIED”). The dispute arises out of statements which Hale made about Plaintiff to the San Luis Obispo Police Department (the “SLO‐PD”) in July 2019, and on Facebook. Currently, on calendar is Hale's demurrer and motion to strike pursuant to Code of Civil Procedure sections 430.10 and 435, respectively.1 For the reasons set forth below, the demurrer is overr...

Excerpt: ...ight aka Ryan Petetit; PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. N...

Excerpt: ... causes of action for (1) quiet title, (2) quiet title to easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. This is a neighbor dispute. The Mullaney Plaintiffs are alleged to own real property located at 2866 Corte de Mayo in Arroyo Grande (the Mullaney Property). (Compl., ¶ 7.) The Hamilton Plaintiffs are alleged to own real property located at 504 Mesa View Drive in Arroyo ...

Excerpt: ... is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the “Property”) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the “Fence”) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document No. 16590 and su...

Excerpt: ..., a common interest development, located in San Luis Obispo. The individual Defendants are members of the EHHOA board. On July 6, 2021, EHHOA filed a First Amended Cross‐Complaint against Plaintiffs. Daniel DeGroot (“DeGroot”) moves for an order compelling Joseph Seither and Bruce Neuschwander (collectively “Defendants”) to provide a supplemental production of documents to DeGroot's Request for Production of Documents, Set No. One, Nos....

Excerpt: ... 2021, Plaintiff dismissed BANA from the action without prejudice. Currently before the Court is BANA's motion for protective order, filed on July 20, 2021, by BANA in its capacity as a real party in interest. The motion concerns a subpoena served by Plaintiff requesting video surveillance footage of the April 10, 2021, incident that is at issue in this lawsuit. BANA contends the video footage includes scenes of three bank employees using bank co...

Excerpt: ... October 9, 2020, judgment was entered in favor of Plaintiff. Defendant appealed the judgment. On January 4, 2021, the Court conducted a trial de novo and issued a written ruling. Judgment was entered in favor of Plaintiff. Notice of entry of judgment was served by the Court on the parties on January 5, 2021. In its January 4, 2021, order, the Court ruled: “The law in California permits a tenant to sublease property unless the lease between the...

Excerpt: ...The FAC alleges RRM “designed and/or manufactured and/or inspected and/or installed the Subject Slide.” (FAC, ¶ 3.) RRM is named as a defendant in the first (negligence), second (strict products liability), and fifth (loss of consortium) causes of action. Currently on calendar is RRM's demurrer to all three causes of action on the ground that Plaintiffs failed to attach a certificate of merit as required by Code of Civil Procedure section 41...

Excerpt: ... scheduled to take place on May 2, 2019. Respondent's then counsel objected to the Deposition Subpoenas on Jennifer's behalf.1 No documents were produced in response to the Deposition Subpoena and Jennifer did not appear for her deposition. In October 2019, Petitioner followed up with a motion to compel and request for sanctions, which the Court granted in part on January 15, 2020. The Court directed Jennifer to appear for her deposition, but fou...

Excerpt: ...artments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professi...

Excerpt: ...e CCC's Executive Director John (Jack) Ainsworth (“Ainsworth”), and the California Department of Parks and Recreation (“State Parks”).1 Friends seeks a writ challenging the CCC's approval of an amendment (Coastal Development Permit (“CDP”) Amendment No. 3‐12‐050‐A1) to a coastal development permit (CDP No. 3‐ 12.050) expanding the dust control program at Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “S...

Excerpt: ... Now before the Court is Defendants' motion for terminating sanctions against Humberto Avelar based on his failure to participate in this lawsuit, including failing to appear for his deposition. Defendants request this Court issue terminating sanctions and dismiss Avelar's claims in their entirety, with prejudice. The Court has the authority to issue terminating sanctions in the form of a dismissal of the action for a party's misuse of the discov...

Excerpt: ...); Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint (TAC) alleges wage and hour violations, 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 July 29, 2020, th...

Excerpt: ...d evidentiary hearing, as discussed below. The “Particular Use” Requirement Section 1245.010 provides that “any person authorized to acquire property for a particular use by eminent domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.” The County has th...

Excerpt: ...oners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are three motions to compel filed by Petitioners: (1) Motion to compel Respondent Carolyn Dougherty's further responses to form interrogatories and for sanctions in the amount of $2,...

Excerpt: ...rty, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase, on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the second part of the first in...

Excerpt: ...w before the Court is Brown's motion to compel Plaintiff's further responses to requests for production of documents, set 4, nos. 48, 50, 62, and 63, and for sanctions in the amount of $2,707.50. The timing of the events associated with this motion are important. The Court lays out the following timeline: On February 5, 2021, Plaintiff served responses to the subject requests for production (RFPs). (Coffin decl., Ex B.) After meet and confer effo...

Excerpt: ...erro and Corentec to resolve a dispute pending before the American Arbitration Association (AAA).” (Cmp., ¶ 1.) Dr. Ferro alleges that he accepted a settlement offer, that Corentec contends the offer had been revoked, and that Corentec thereafter refused to comply with the agreement's terms. (Cmp., ¶ 2.) The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Fer...

Excerpt: ...�Lot 28”), which shares a common boundary with real property owned by the Apodacas. The complaint alleges that Anderson acted as the Apodacas' agent to list and sell their property, and during her efforts to do so, made false statements regarding Plaintiff and Plaintiff's property. In particular, Anderson asserted that the Apodacas have reversionary rights to Lot 28 and that the lot is a “non‐buildable abandoned easement.” The complaint f...

Excerpt: ...ught a motion to transfer venue, or in the alternative, compel arbitration. The Court denied the motion to transfer venue and granted the motion to compel arbitration as to all claims except for the PAGA cause of action. Following that order, Plaintiff dismissed all of her individual claims and filed a Second Amended Complaint, alleging a single cause of action under PAGA (the “SAC”). VSS now moves for summary adjudication of four claims with...

Excerpt: ...ties jointly requested that the Court retain jurisdiction under Code of Civil Procedure, section 664.6, along with a Notice of Conditional Settlement. (Ex. A.) On June 3, 2020, the Court entered an order dismissing the action under conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6. The Court ordered that judgment be entered upon the application of Plaintiff, pursuant to the stipulation,...

Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...

Excerpt: ...ies. Pursuant to the settlement agreement, the Court is to retain jurisdiction under Code of Civil Procedure section 664.61 . The settlement agreement provides that the parties agree that $3,529.82 plus court costs is the accurate amount Defendant owes Plaintiff; and that Defendant agrees to pay Plaintiff a minimum of $50.00 on or before the 19th day of each month beginning June 2017, followed by a minimum of $100.00 on or before the 19 th day of...

Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...

Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...

Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...

Excerpt: ...ears”). On September 30, 2021, Long and the Fears submitted memoranda of costs. Currently on calendar is the City of Exeter, Clifton Bush, and Brett Inglehart's (collectively, the “City”) motions to tax costs. 1. The City's Motion to Tax the Fears' Requested Costs The Fears memorandum of costs sets forth costs of $49,179, which includes $22,081 in court reporter fees. (Code Civ. Proc., § 1033.5(a)(11).)1 The City takes issue with the amoun...

Excerpt: ...buted $1,300,000 to economic damages and $12,500,000 to noneconomic damages); and (2) Rachel, Sarah, and Steven Fear (the “Fears”) damages of $7,000,00, all of which was attributed to noneconomic damages. With respect to liability, the jury found (1) the City of Exeter to be 83.5% at fault (split between its employees Brett Inglehart at 42% and Clifton Bush at 41.5%); (2) Alex Geiger to be 16.5% at fault; and (3) Christopher and Monica Belavi...

Excerpt: ...ust 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 t...

Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...

Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...

Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...

Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, 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. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...

Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...

Excerpt: ...ed, (3) breach 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 ...

Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...

Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges 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(a).) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [Citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 C...

Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...

Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...

Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...

Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...

Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...

Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...

Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...

Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...

Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems 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 Dece...

Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...

Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...