Excerpt: ... 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”). (Tardiff Decl.., ¶ 1; Bailey Decl., Ex. A [11/20/18 ltr from Ross to the Court].) On March 20, 2020, Ross received a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “First Subpoena”) from Jonas Bai...

Excerpt: ...h (“Ainsworth”), and the California Department of Parks and Recreation (the “CDPR”). The Petition challenges the Commission's July 9, 2020 approval, and related issuance of a coastal development permit to the CDPR for dust control measures at the Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “SVRA”), including an amendment to the initial 105‐acre approval and permit and CDPR's issuance of a May 28, 2020 Addend...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ...Cambria was Plaintiff's broker and Mr. Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...

Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...

Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...

Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...

Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...

Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...

Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...

Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...

Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...

Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...

Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...

Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...

Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...

Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...

Excerpt: ...ervatee's motion for a new trial on Michalle's petition for appointment of a temporary conservator of the Estate of Diane McCoy. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a new trial may be awarded where there is “newly discovered evidence, material for the party making the application, which ...

Excerpt: ...eges that after assuming the running of the Business, the revenue was not that as indicated in the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc. (“Seller”), SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch, and Karen Hosch. The first five causes of action are alleged against all Defendants, and t...

Excerpt: ...o Code of Civil Procedure section 473.5, on the grounds of lack of actual notice of the proceedings in time to defend. Pinnacle opposes the motion. Wek declares that he was not in the country at the time that Plaintiff filed suit, that he had no knowledge of the case due to the inability to be served, and that he was living in a foreign country from 2009 to 2017. Defendant provides no further details as to where he was living, the precise dates, ...

Excerpt: ...ld administer the trust.” Petitioner is particularly concerned about two amendments to the Trust; the Second Amendment and Third Amendment. Thomas K. Thompson (Objector), one of the Thompsons' children, is a Trust beneficiary and filed an objection to the petition. Now before the Court is Petitioner's motion for summary judgment or, in the alternative, summary adjudication. The motion is unopposed. Legal Authority. “The purpose of a summary j...

Excerpt: ...ks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”). Borja now moves on a preliminary basis to (1) remove Trustee and appoint a licensed private fiduciary in her place or, in the alternative, and (2) enjoin Trustee from distributing, disbursing, or selling any income or princi...

Excerpt: ...6, 1996 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relie...

Excerpt: ...nt.1 The matter has been pending since that time. On December 27, 2019, Melanie served on Kevin2 (1) form interrogatories, set one; (2) requests for production, set one (“RFPs”); and (3) requests for admission, set one (“RFAs”). (Schroeder Decl., ¶ 2.) Because the discovery was personally served, Kevin had until January 26, 2020 to respond. (Code Civ. Proc., §§ 2030.260, 2031.260, 2033.250, 2016.050 [§ 1013 applies].) On January 21, 2...

Excerpt: ...identify the inclusive dates of the pay period. The parties have now settled, and Plaintiff moves for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiff served the motion and supporting documents on Defendant; no opposition or objection was filed. Plaintiff's motion seeks an order: 1) Preliminarily approving the Stipulation and Settlement of Class Action Claims (“Settlement Agreement” or “Joint...