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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...(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: ...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: ...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: ...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: ...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: ...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: ..., 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.) Plaintiff alleges it purchased...

Excerpt: ...ices of Defendants to perform medical treatment and services for Plaintiff. On said date, Defendants undertook to handle and control the medical care and treatment of Plaintiff. 14. Defendants failed to use the level of skill, knowledge, and care in the diagnosis and treatment of Plaintiff that other reasonably careful medical practitioners and/or specialists of the same type would use in the same or similar circumstances. Defendants made unreaso...

Excerpt: ... Defendants) seek to quash a subpoena issued by Plaintiffs to Ogden & Fricks, to the extent it involves records subject to the attorney client privilege. Kurkeyerian opposes the motion. Kurkeyerian notes that Defendants did not attempt to meet and confer before filing this motion. Although Defendants' motion fails to cite the statutory authority relied on for the relief sought, the Court assumes it is brought pursuant to Code of Civil Procedure ...

Excerpt: ...Defendant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurred, 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 ...

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: ...eendants oppose the motions. Plainti
¯ declares that on September 19, 2022, he served Request or Production o Documents, Set One, and Form Interrogatories (Construction), Set One, on Deendants. It is unclear i single sets directed at all Deendants were served or i separate sets were served. Deendants responded on March 16, 2023, but Plainti
¯ considered the responses non-compliant, and on March 21, 2023, Plainti
¯ sent meet and coner ...

Excerpt: ...y respond, Natali Þled motions to compel responses. The Court granted those motions on May 10, 2023, and ordered Mathis to provide responses without objections by May 31, 2023. Mathis served responses by the deadline. Natali states the responses included objections. Her counsel sent a meet and confer letter on June 29, 2023, regarding the special interrogatories and a separate letter on July 11, 2023, regarding the form interrogatories. Over the...

Excerpt: ...served on the City of San Luis Obispo, Michael Codron, John Mezzapesa and Steve Sheats (collectively the City Defendants). Plainti
¯ concurrently brings a motion to amend or set aside a court order. Both motions arise out of discovery disputes between the parties. On April 6, 2023, Plainti
¯ and the City Defendants participated in a voluntary informal discovery conference before this Court. The conference was initiated by Plainti
¯ following a...

Excerpt: ...l 2019, which included a trust accounting covering the period September 16, 2012 through January 6, 2018.1 Currently on calendar is Petitioner's Motion for Summary Adjudication on the cause of action seeking to invalidate powers of appointment exercised by his and Respondent's mother during her lifetime. The Court denies the motion. I. BACKGROUND The parties agree on the following facts:2 • On September 16, 2012, the parties' parents, Donald Ba...

Excerpt: ... Springer dba Patriot Plumbing and Drain Cleaning (Patriot) and Tracy Ann Fairchild; Patriot has instituted its own cross-action against Defendants. As against the Defendants, Plainti
¯s assert causes of action for (1) violation of the Mobilehome Residency Law (MRL); (2) negligence; (3) negligence per se; (4) breach of contract—written agreement; (5) breach of contract—oral promise; (6) breach of implied covenant—quiet enjoyment; (7) breac...

Excerpt: ...treet and Specialty entered into a contract in April 2015 (the Prime Contract). In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Trial is set to begin on April 3, 2024. Under t...

Excerpt: ...ce of se
©lement, which was granted on December 7, 2022. On December 16, 2022, State Farm Þled a s
Ÿpula
Ÿon for se
©lement and entry of judgment (the S
Ÿpula
Ÿon or Se
©lement Agreement). On December 20, 2022, the Court signed an order dismissing the ac
Ÿon without prejudice and, pursuant to the request of the par
Ÿes in the S
Ÿpula
Ÿon, retaining jurisdic
Ÿon to enforce the Se
©lement Agreement pursuant to Code of Civil Procedure ...

Excerpt: ... (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct, and 2) negligent hiring and supervision. Sun Buggie now moves for summary adjudication of its affrmative defense of express waiver because the relevant waiver is valid and enforceable under California law. Sun Buggie's eighth affrmative defense for express waiver is alleged as follows: As a separate and affirmative defense to the Com...

Excerpt: ...ach of contract; (5) slander of title; and (7) infliction of emotional distress. The body of Plaintiff's complaint is one page long. The purported causes of action are not separated as required by the Rules of Court. (Cal. Rules of Court, rule 2.112.) In his complaint, Plaintiff makes the following allegations: - PWB is "a California state-chartered bank and at the time of this complaint a resident of Los Angeles, CA." (Compl., 2.) - On October 8...

Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...

Excerpt: ... trustee. 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. Petitioner filed an amended petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...

Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...

Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...

Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...

Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...

Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...

Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...

Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...

Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...

Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...

Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...

Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...

Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...

Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...

Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...

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: ...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: ...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 ...

Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...

Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...

Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...

Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...

Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...

Excerpt: ...bject 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."), Exh. A.) The agree...

Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...

Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...

Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...

Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...

Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....

Excerpt: ...s 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 his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...

Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...

Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...

Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...

Excerpt: ... 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 that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...

Excerpt: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flor...

Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...

Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...

Excerpt: ...held a 50% ownership in the Property. The same percentage of ownership was reported on Schedules A, L, and N of Bozner's First and Final Account. The Court approved Bozner's First and Final Account in March 2018, and provided for distribution of that 50% interest in the Property to her. The Court's order further provided that any of Decedent's separate property would be divided 50% to Bozner, and 25% to each of the decedent's sisters.l Neither re...

Excerpt: ...f Labor Code section 2699(c). Now before the Court is Plaintiff's unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order approving the $600,000 settlement between Plaintiff and Defendant; appointing CPT Group, Inc. as the settlement administrator; granting Plaintiff's attorneys' fees request for $200,000; and providing Plaintiffs counsel reimbursement of $10,490.15 in litigation costs. The PAGA statute provi...

Excerpt: ...ection (b) of section 473, the court may relieve a party from a default based on "mistake, inadvertence, surprise, or excusable neglect." Defendant submits a proposed demurrer, motion to strike and answer along with his moton. Plaintiff opposes the motion. Defendant's moton is timely, as it was filed within six months of September 20, 2022, the date the clerk entered default. (Kramerv. Traditional Escrow, Inc. (2020) 55 Cal.App.5th 13, 39 [six- m...

Excerpt: ...ral individuals, including Respondent and moving party Phillip Ralls ("Moving Party"). Settlor died on September 13, 2021. On February 4, 2022, Reina and Marna filed a petition against Moving Party and several other recipients of gifts from Settlor seeking to set aside the gifts and for damages. On September 13, 2022, Moving Party propounded Form Interrogatories, Special Interrogatories and Requests for Production of Documents on Responding Party...

Excerpt: ...ant 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 his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq., and under California common law ("Com...

Excerpt: ...-Terrain Vehicles (ATVs) (SAC, 3.) All of the vehicles were owned by Defendants Orchard City RV, LLC (Orchard) and Matthew Gordon (Gordon) (collectively Defendants). (ld., 3.) Orchard is owned and operated by Gordon. (ld., '1 8.) At the time of the incident, Jutla was acting as an agent for Defendants Orchard and Gordon. (ld., 6.) Jut-ila was driving to deliverthe equipment to the California Department of Forestry and Fire Protection (Cal Fire) p...

Excerpt: ...17, 2021, Bright filed a cross-complaint against Batie alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) open book account; (4) account stated; (5) fraud; (6) unjust enrichment; and (7) quantum meruit. The parties' dispute centers around their agreement that Bright would repair, restore, and/or customize Batie's 1963 Chevrolet Bel Air vehicle (the Vehicle). The parties' ag...

Excerpt: ...ions seeking punitive damages. That moton to strike was granted in part, with leave to amend. Plaintiffs filed a first amended complaint (FAC) on April 13, 2023. According to the FAC, on September 1, 2021, Edmunson was driving a truck tractor towing a trailer loaded with an excavator on Highway 101, when a tire blew out. As a result, Edmunson lost control of the truck tractor, veering off the paved highway and striking a guardrail on an overpass....

Excerpt: ...est for appointment of a receiver in the sixth cause of action. Provisional remedies, such as a request for appointment of a receiver or injunctive relief, were excluded from the parties' arbitration agreement. The litigation was otherwise stayed in this Court. The Court later denied Plaintiff's request for appointment of a receiver. (Ruling, 03/30/22.) Currently before the Court is Judkins' motion to dismiss for delay of prosecution under Code o...

Excerpt: ...3 Higuera Street (the Property). (Comp. , "1 3, 4.) The John Action alleges causes of action for breach of contract, negligence, intentional misrepresentation, concealment, fraud, duress and deceit, negligent misrepresentation, rescission, restitution, and money had and received arising out of the remodel. Plaintiff now moves to consolidate for purposes of trial only the John Acton with Douglas Littlejohn v. City of San Luis Obispo, et. al., 22CV...

Excerpt: ...ter demurrers, there are three causes of achon at issue in Plaintiff's Third Amended Complaint (TAC): Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Defendant seeks summary judgment or summary adjudication as to these causes of action. A. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. ...

Excerpt: ...the demurrer with leave to amend and granted the motion to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) violation of state and federal civil rights; 2) trespass; 3) oppression, fraud and malice; 4) Bane Act violation; and 5) vicarious liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises owned by Plain...

Excerpt: ...her defendants in this action have been dismissed or had judgment entered in their favor after successful motons for summary judgment. Davis is named as a defendant in first (intentional interference with expected inheritance), second (fraud), third (constructive fraud), tenth (breach of fiduciary duty), eleventh (breach of fiduciary duty), twelfth (breach of fiduciary duty), thirteenth (breach of fiduciary duty), twenty-second (intentional infli...

Excerpt: ...ver the term of the Lease Agreement ("Contract") of $28,214.52. The complaint alleges violations of the Song-Beverly Consumer Warranty Act (the "Act"), and (Civ. Code S 1790 et seq.). Shortly after entering into the lease agreement, Plaintiffs presented the Vehicle to Defendant for repairs, specifically for defects related to: (a) hesitation during acceleration on two (2) separate occasions; (b) abnormal loud thud and rattling noises while drivin...

Excerpt: ...essary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant filed a demurrer to the FAC on the grounds that Plaintiffs claims are barred because the achon was not brought within six months of the rejection of his government claim, and that Plaintiff has failed to "state a cognizable claim for relief as to any theory of liability." (Demurrer, p.l.) No opposition is on file. Demurrers can be us...

Excerpt: ...red and/or distributed by Defendant Diamond C Trailers ("Diamond C") and/or The Trailer Specialist, Inc. ("Trailer specialist") (SAC, '123-24.) The truck, trailers and ATVs were owned by Defendants Orchard City RV, LLC ("Orchard") and Matthew Gordon ("Gordon"). (SAC, 3.) At the time of the incident, Jutila was acting as an agent for Defendants Orchard and Gordon. (SAC, 6.) Jut-ila was driving to deliverthe equipment to the California Department o...

Excerpt: ...ntial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) A. CenCal Health's Motion to Seal Sections of Exhibit 54 CenCal Health reports that exhibit 54 contains highly confidential information relating to CenCal's provider payment methodologies...