Excerpt: ...bjections to each of the RFPs. Natali moved to compel further responses to the RFPs, which the Court granted, ordering further responses be served by Friday, July 28, 2023. On August 4, 2023, Natali belatedly served supplemental responses. Natali contends that the supplemental responses are insufficient, and seeks evidence and issue sanctions against Mathis, as it relates to RFP Nos. 24 -33, 40, 50- 54, 58-59, 65, 78, 97- 98, 177, 181 -182, and 1...

Excerpt: ...ed Mathis to provide partial responses without objections by May 31, 2023, and full responses by June 30, 2023. Mathis served responses on June 30, 2023. Natali states the responses include objections. Her counsel sent a meet and confer letter on August 3, 2023. Over the next several months, Mathis' counsel represented that he was working on replying to the meet and confer letters and supplemental responses. (See Declaration of Jonas Bailey ISO M...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ...process is essential to establish personal jurisdiction.' [Citation.]” (Kremerman v. White (2021) 71 Cal.App.5th 358, 371.) The statutory procedures for effective service of process are set forth in Code of Civil Procedure section 415.10 et seq. “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such deliv...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ...rs. The three plaintiffs are the adult children of Pyong Yun Song (Decedent). On April 13, 2023, Plaintiffs filed a FAC, alleging nine causes of action. Two causes of action are alleged against the State: the eighth cause of action for dangerous condition of public property, and the ninth cause of action for public employee/contractor liability for dangerous condition (a new cause of action in the FAC that was not included in the original compla...

Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...

Excerpt: ...eges was provided through the County's Social Services Agency. Plaintiff alleges that in 1992, Defendants placed Plaintiff in the foster home of non -party Carol Wong, in Cambria. (FAC, ¶ 23.) Plaintiff alleges that from approximately 1992 to 1994, when Plaintiff was five to six years old, she was sexually abused and assaulted by “Plaintiff's foster mother's boyfriend,” known as “Enrique,” identified in the FAC as “Perpetrator 1,” ...

Excerpt: ...resentation; 5) conversion; 6) voluntary waste; 7) private nuisance; 8) intentional infliction of emotional distress; 9) intentional misrepresentation, fraud and deceit outside of the contract; and 10) exemplary and punitive damages. This action arises out of Defendant's tenancy with Plaintiff. Defendant now demurs to the FAC as a whole, and separately to each cause of action, and moves to strike the request for punitive damages. Defendant faile...

Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...

Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...

Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...

Excerpt: ...(Civ. Code, §§ 1790 et seq., “the Act”) by failing to repair defects in the Subject Vehicle after a reasonable number of attempts and failing to promptly repurchase the Subject Vehicle. Defendants assert that Plaintiff cannot establish a required element of his claims, i.e., that Ford failed to promptly offer to repurchase the Subject Vehicle. Defendants also seek summary judgment of their equitable estoppel affirmative defenses. 1. Summary...

Excerpt: ...d third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (Trustor), filed opposition to the petition that same day.1 Petitioner now seeks the appointment of a neuropsychologist pursuant to Evidence Code section 730 as an expert to aid in determining the Petition, i.e., whether Janice's capacity and susceptibility to undue influence is grounds for appointment of a...

Excerpt: ...edent'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. Petitioner filed an amended petition in July 2017. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on Phase I of Trial,” on May 9, 2021 (the Phase I Ruling). Phase II of the trial is set to begin on June 3, 2024. Currently before the Court is...

Excerpt: ...nnis Leonard (Leonard) as an additional respondent to the first, second, and third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (the Trustor), filed opposition to the petition that same day.1 Leonard responded with the current motion to strike under Code of Civil Procedure section 425.16. The petition alleges as follows: The Trustor updated her estate plannin...

Excerpt: ...took advantage of Sylvia June Asavis during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposite...

Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...

Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...

Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...