Excerpt: ...(FEHA); (3) wrongful termination in violation of public policy; and (4) promissory estoppel. Plaintiff's complaint alleges that in 2017, Plaintiff learned that her daughter was pregnant and expected to give birth in February 2018. (Compl., ¶ 9.) Plaintiff alleges that she requested time off to care for her daughter, which time off request was initially approved by Mark Schieber, her boyfriend and supervisor. (Id. at ¶¶ 7, 9.) Mr. Schieber alle...

Excerpt: ...ainst both Defendants); (5) quiet title to deeded easement (against Norgrove); (6) declaratory relief (against both Defendants); and (7) injunctive relief (against both Defendants). Plaintiff alleges it owns agricultural property located at 111 East El Campo Road in Arroyo Grande (the El Campo Property). Norgrove owns the adjacent property located at 2445 and 2449 Brady Lane (the Brady Lane Property). Plaintiff alleges it owns a water well (the W...

Excerpt: ...auses of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). The FAC arises out of an agreement that Kurkeyerian, SCI, and the Benham Defendants entered into on July 10, 2016. Plaintiffs allege, am...

Excerpt: ...ment or, in the alternative, summary adjudication of the second cause of action for breach of promissory note1 . No opposition is on file. Plaintiffs' proof of service evidences that Defendant was timely served with this motion. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Ca...

Excerpt: ...ffs' first cause of action for inverse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint did not state facts sufficient to state a cause of action for inver...

Excerpt: ...a demurrer to the complaint filed by Raymond Cuellar, Adrian Cuellar, and Ruben Cuellar, collectively the Cuellar Defendants. Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., §§ 422.10, 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A de...

Excerpt: ...dence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet wou...

Excerpt: ...ust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set aside the entry of defau...

Excerpt: ... action for (1) breach of fiduciary duty, (2) negligence, (3) intentional misrepresentation, (4) concealment, and (5) negligent misrepresentation. After this Court's ruling on Defendants' motion for summary judgment/adjudication, Plaintiff's causes of action for breach of fiduciary duty and negligence remain pending. Plaintiff's lawsuit stems from her purchase of real property in Los Osos. Cambria was Plaintiff's broker and Mr. Koontz (also a bro...

Excerpt: ...st 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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or the “Commission”) was the on...

Excerpt: ...er the Song‐Beverly Act (the Act). After this Court denied Plaintiffs' motion for summary adjudication, the parties settled. Plaintiffs now move for their attorneys' fees and costs. Plaintiffs request a total award of $179,955.25, consisting of $137,823.50 in fees; $14,958.22 in costs and expenses; a lodestar multiplier enhancement in the amount of .15, or $20,673.53 ($137,823.50 x .15); and $3,500 in anticipated costs for drafting a reply brie...

Excerpt: ...e theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Goldberg and Coastal Oral's demurrer to the second cause of action for products liability. Specifically, they argue the complaint (1) fails to include facts sufficient to state a cause of action for products liability; and (2) the second...

Excerpt: .... Plaintiff alleges that in November 2015, he was involved in a motor vehicle collision where he sustained injuries to his left shoulder area, and for which he subsequently filed a lawsuit. (Complaint, ¶ 9.) Plaintiff alleges that Defendant was retained by the defendants in that action to conduct an independent medical examination (“IME”) on Plaintiff. (Id., ¶ 10.) Plaintiff alleges that Defendant “poked and prodded Plaintiff's non‐coll...

Excerpt: ...�Cal‐West”) (collectively “Defendants”). Plaintiffs allege six causes of action, for (1) breach of contract; (2) breach of implied warranty of habitability/tenantability (Civ. Code, § 1941, Health & Saf. Code, § 17920.3, et seq.); (3) breach of implied warranty of quiet enjoyment (Civ. Code, § 1927); (4) negligence; (5) retaliatory acts (Civ. Code, §§ 1940.2, 1942.5); (6) violation of Rosenthal Fair Debt Collection Practices Act (the...

Excerpt: ...nta Rosa and Monterey. Now before the Court are two motions: (1) Plaintiff's motion to quash deposition subpoena; and (2) Defendant's motion to permit a second independent medical examination (IME) of Plaintiff. Motion to quash. Defendant served two deposition subpoenas and notices to consumer requesting Plaintiff's pharmacy records from the pharmacies identified in Plaintiff's medical records that have already been produced. Plaintiff objected t...

Excerpt: ...l circumstances' exception at issue here. That exception provides that a categorical exemption may not be used ‘where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.' (Guidelines, § 15300.2, subd. (c).) (World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, 491 [internal citations omitted].) Two alternative analyses apply when determining ...

Excerpt: ... request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt. On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. P...

Excerpt: ...om Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked i...

Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims 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), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...

Excerpt: ...“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. On November 22, 2016, 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 pe...

Excerpt: ... controlled by Union Pacific. (FAC, p. 4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuri...

Excerpt: ... amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust d...

Excerpt: ...ontract (CC&Rs) (against Orradre), (3) professional negligence (against Martin), and (4) breach of written contract (management agreement) (against Martin). Plaintiffs allege they own commercial real property at 1550‐1566 West Branch Street in Arroyo Grande (Parcel B), and that Orradre Ranch (Orradre) owns commercial real property at 1570 West Branch Street in Arroyo Grande (Parcel A). (Compl., ¶¶ 1, 2.) Plaintiffs allege that Mr. Martin is a...

Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims 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), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...

Excerpt: ...ach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship. On October 8, 2019, Benham and Bening (collectively “Defendants”) filed a Cross‐Complaint against Plaintiffs, alleging five causes of action, for (1) fraud; (2) fraud and deceit; (3) accounting; (4)...