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: ...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: ...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...

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: ... 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: ...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: ...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: ..., 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...