Excerpt: ...nant. On October 8, 2021, Plaintiff filed a second amended complaint (“SAC”). Currently before the Court is Knudson's demurrer to the SAC. This is the third demurrer to the interpleader cause of action. For the reasons set forth below, the demurrer is sustained without leave to amend. The SAC alleges that Plaintiff and Knudson were shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a f...

Excerpt: ...”) re sanctions, and finally, an OSC re dismissal. Plaintiff now moves pursuant to Code of Civil Procedure section 473(b) to set aside the dismissal on the grounds of mistake, inadvertence, surprise or excusable neglect the motion is supported by its counsel's affidavit of fault. Pursuant to Code of Civil Procedure section 473(b), the Court shall, whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...egan when the Grays, who were guests of the Hickeys, negligently placed combustible material in the property's broiler and turned on the oven to cook. (Complaint (“Compl.”), p. 4.) Allstate insured Pangelinan and paid out $81,425.14 to him. (Id., pp. 4‐5.) On February 1, 2021, the Grays filed a cross‐complaint against Allstate, the Baycliff Village Homeowners Association, Henry Pangelinan, Florence Pangelinan, and Travelers Casualty Insur...

Excerpt: ... 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants1 and declined to award any relief to Plaintiffs. On August 16, 2021, the Jones Defendants filed their memorandum of costs, seeking to recover $46,700.25 in costs. Now before the Court are two motions to tax the Jones Defendants' costs. The first is filed by Plaintiffs Sandra N. Eddleman and Madelyn Lue Eddleman; the second, by Intervening ...

Excerpt: ...f the Artilla Bonetti Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer parties to the lawsuit. Intervening Plaintiff, Daniel Eddleman (Intervenor), Sandra's estranged husband, joined the lawsuit on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, where...

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants and declined to award any relie...

Excerpt: ...nce with Code of Civil Procedure sections 2023.010, 2023,030, 2030.300(d), and 2033.290(d), in the amount of $2,533. Plaintiff opposes the motion. Sierra Vista seeks further supplemental responses to its Special Interrogatories nos. 15‐17, and Requests for Admission (Set #2), nos. 1‐5. On March 31, 20221 , after this motion was filed, Plaintiff served further responses without objections to Special Interrogatories nos. 15‐17, and Requests f...

Excerpt: ...er”), 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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. The parties agreed that bifurc...

Excerpt: ... 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 October 8, 2021, the Court certified the following subclasses: ‐ A meal period subclass (the pre‐2017 Meal Period Subclas...

Excerpt: ...tiff's motion for leave to file an amended complaint. Plaintiff seeks to file a first amended complaint (FAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment...

Excerpt: ...[now deceased], Adam Morales, and Ava Morales). The Trust provides that after the settlor's death, the trust estate is to be distributed in its entirety to Adam Morales (“Respondent”). (Pet., Ex. A [Trust, Art. V, ¶ (B)(1)].) The petition reports that the settlor lived with Respondent in Arizona for the last seven years of her life. (Pet., ¶ 24; see also Pet., Ex. A [Trust, Art. I].) On November 22, 2021, Ava Morales (“Petitioner”) file...

Excerpt: ...Petitioner filed a petition for instructions related to the same subtrusts. Petitioner filed an amended petition for instructions in August 2020. In the interim, on July 3, 2018, Respondent filed a petition for approval of his second account. Respondent filed a second amended petition in October 2018.1 On May 13, 2021, the Court set the trial on all three petitions for November 30, 2021. (Min. Order, 5/13/21.) The Court confirmed that trial date ...

Excerpt: ...t 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 tw...

Excerpt: ...Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Ocean View Manor Apartments in Morro Bay, where Plaintiff is a resident. Plaintiff's first amended complaint (FAC) alleges causes of action for (1) fraud – intentional misrepresentation; and (2) fraud – concealment. Now before the Court are two motions filed by Plaintiff: (1) Consent motion to extend the discovery deadline to compel Defendants' responses to requests for pr...

Excerpt: ...ous women in various rooms of the lodge.'” Plaintiff alleges this statement is false and Defendant knew the statement was false when she made it. Now before the Court are three motions to compel filed by Plaintiff: (1) Motion to compel Sprint to produce business records in response to a validly issued subpoena or, in the alternative, compel Defendant to provide an authorization to obtain the subpoenaed records; (2) Motion to compel Verizon to p...

Excerpt: ... trustee's sale, on September 14, 2021. The FAC alleges the sale to Aminilari is invalid because the statutory safeguards for non‐judicial foreclosure sales were not followed, and because Aminilari misrepresented her intention to use the property as her primary address. Plaintiffs seek to set aside the sale and quiet title to the Property. Prior to Plaintiffs' filing this wrongful foreclosure action, Aminilari had filed an eviction action again...

Excerpt: ...eneral Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was unopposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to ...

Excerpt: ...ntative, Kim Mathis (“Mathis”), retained George Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). On March 20, 2020, Sandra Natali's (“Natali”) counsel (Jonas Bailey) sent Ross a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “Trust Subpoena�...

Excerpt: ... and motion to strike were filed, Defendants filed this motion for protective order, related to discovery served by Plaintiff. Defendants moved pursuant to Code of Civil Procedure §§ 2030.090, 2031.060 and 2017.020, on the grounds that the discovery causes Defendants unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Specifically, Defendants' motion seeks to stay discovery pending resolution of the demurrer and mo...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

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: ...�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: ...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...