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: ...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: ...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: ...vin Newsoml ; Jay M. Coggan, individually and in his official capacity as commanding general of the California State Guard2 Peter 8. Cross, individually and in his official capacity as commander of California Military Department Youth & Community Programs Task Force; and Francisco Flores, individually and in his official capacity as commander of Grizzly Youth Academy (GYA). On October 12, 2022, this Court issued a ruling on a demurrer to the comp...

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...

Excerpt: ...cedent was enrolled as a Medi-Cal recipient. Capitation payments are part of a "risk-sharing arrangement" between Medi-Cal and a managed care organization (MCO), under which Medi-Cal pays a monthly fixed amount for each enrolled person to cover contracted services (capitated basis), and the MCO "assumes the full risk for the cost of [those] contracted services without regard to the type, value or frequency of services provided." (Centinela Freema...

Excerpt: ... SLO, L.P. (Garden Street),l hired Specialty Construction, Inc. (Specialty) to serve as its general contractor, and Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanic's liens. On October 4, 2019, one of the subcontractors, Sahara Constructon Co., Inc., filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross-com...

Excerpt: ...nd negligence. Now before the Court is Replogle's motion to strike Plaintiffs' request for punitive damages. A. Background Facts Cambria is a Limited Partnership and the owner of real property located at 1509 24th Street in Oceano, California ("Cambria Property"). Rust is the owner of real property located at 1517 24th Street in Oceano, California ("Rust Pro#rty"). Willard lives in the Cambria Property as a tenant of Cambria. Replogle is the owne...

Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...

Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. 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 it is not a party to t...

Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, 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 aga-nst all Defendants. Shortly before the jury trial in t...

Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal act...

Excerpt: ...ntinued 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 sub-trusts. 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 Diane Davies (Davies) as the court-appointed successor tru...

Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...

Excerpt: ...roduce; 3. Precluding counsel for Garden Street SLO Partners, L.P. (Garden Street), Roy Ogden, from coaching Mr. Smith during his deposition; and 4. For sanctions of $2,800 against Mr. Smith, Mr. Ogden, and Garden Street.l Garden Street opposes the motion, and requests sanctions of $2,040 for its opposition. The motion is granted in part and denied in part as set forth below; and the parties' respective requests for sanctions are denied. A. Motio...

Excerpt: ...ued the following day.l On August 22, 2022, Brian Harms (Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $300,000. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Proposed Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (Lis Pendens) on Sep...

Excerpt: ... supervisor, Flores, while employed with CMD at the Grizzly Youth Academy (GYA) in San Luis Obispo. Now before the Court is Plaintiff's motion to compel the production of records from the California Highway Patrol (CHP) pursuant to Evidence Codel section 1043, known as a Pitchess2 motion. Legal Authority. Personnel records of peace officers as well as records of citizens' complaints against personnel maintained under Penal Code section 832.5 are ...

Excerpt: ... demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out o...

Excerpt: ...irst Amended Petition alleging wrongdoing by the trustee, Deborah Foster-Swenson (Swenson) .2 Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petiton (the SAP). The 1994 Trust directed that the residual trust estate be divided 50% to Swenson (outright); 25% to Bruce (in a trust with the balance to his children upon his deat...

Excerpt: ...n San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is cross-defendant RRM Design Group (Doe 3)'s (RRM) demurrer to Bunyon's cross-complaint. l. RRM's Demurrer RRM demurs to Bunyon's cross-complaint as follows: 1) The cross-complaint and each cause of achon therein as to RRM pursuant to Code of Civil Pro...

Excerpt: ... large tree branch fell on him while he was working on a property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is Covelop's motion for good faith settlement. Also on calendar is cross- defendant Box Kite Barnyard, Inc. (Doe 2)'s (BKB) motion for judgment on the pleadings as to Bunyon's cross-comp...

Excerpt: ...d Parker were served on October 31, 2022, and Weinberg was served on November 3, 2022. (Pl. Decl., 7, 15, 23.)1 The date for production on all three subpoenas was November 18, 2022. (Pl. On November 1, 2022, Jed Hazeltine (Hazeltine), the successor trustee of Trusts B and C informed Sander via email that he was asserting the attorney-client privilege in the documents.2 On November 9, 2022, Weinberg objected to the subpoena served on him. (Pl. Dec...

Excerpt: ...irst Amended Complaint (FAC) was filed on March 7, 2023. Colorado Structures now moves pursuant to Code of Civil Procedure sections 435, subd. (b) and 436, to strike the alter ego allegation in paragraph 10 of the FACI , on the grounds that it lacks the specific particularity required for pleading.2 Plaintiffs oppose the motion and contend that the allegations are sufficient to put the defendants on notice of the claim. Code of Civil Procedure se...

Excerpt: ...had been entered earlier that morning. The deadline for Sharianne to file a responsive pleading was Thursday, September 8, 2022. (Code Civ. Proc., SS 412.20(a)(3), 415.10.) The request for entry of default against Michael was denied because his answer was timely filed. (Code Civ. Proc„ S 415.20(a).) Sharianne seeks to set aside her default under Code of Civil Procedure section 473. Under subsection (b) of section 473, the court may relieve a pa...

Excerpt: ...Robert Leslie, at the deposition of Jeff Martin. Mr. Leslie represents Specialty Construction, Inc. (Specialty), and Mr. Martin is Specialty's senior vice president. Specifically, Moving Parties seek an order: 1. Precluding Specialtvs counsel from making speaking objections or coaching witnesses on the record; 2. Precluding Specialty's counsel from making personal attacks against opposing counsel during depositions; 3. Requiring the parties to me...

Excerpt: ...between Plaintiff and ABC. A default against Szulborski was entered on January 25, 2021, and a default judgment was entered against him for the full amount allegedly owed on the contract, plus interest and attorney fees, on April 29, 2021. Szulborski filed the subject motion to set aside default on the grounds that he was never served with a summons, and the judgment was obtained by fraud in that Plaintiff failed to advise the Court that Van De S...

Excerpt: ...ting that the Court remove Matthew as Trustee for, among other things, breach of trust. Petitoner also requests the Court remove Jennifer as Matthew's successor trustee. On March 8, 2023 a Stipulation and Order was filed agreeing to specific affirmative defenses. Now before the Court is Petitioner's motion to quash two business records subpoenas for her medical records. l. Background Petitioner is the beneficiary of the Denise Solters Special Nee...

Excerpt: ...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 a writ of mandamus pursuant to Code of Ci...

Excerpt: ....98, plus interest, costs, and fees. Local Rule 25.02 provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 provides as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation o...

Excerpt: ...s Obisipo County ("Property") from Developer. The Property was a new construction project, and the sale was completed on April 27, 2018. Plaintiffs allege that the Property began to manifest observable damages after the close of escrow and within one year of being completed, and further allege that the same damages have appeared in each of the homes in the same layout built by Contractor. Plaintiffs allege the Property fails to comply with multip...

Excerpt: ...ess. 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 consent; and 4) reckless ...

Excerpt: ...ugust 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal (the Mohon to Vacate), which was opposed by Petitoner. The Court denied the motion to vacate the dismissal. Petitioner now moves for sanctons against Respondent under Code of Civil Procedure section 128.7, subdivisions (b) (1-3).1 Code of Civil Procedure section 128.7, subdivisions (b) provides that: (b) By presenting to the court...

Excerpt: ...ion, breach of fiduciary duty, and elder abuse. 80th defendants reside in San Diego County. The complaint alleges that venue is proper in this County because a substantial portion of the acts and omissions complained about occurred in this County. (Cmp., 7, 8.) Ditty seeks to transfer venue to San Diego County Superior Court (North County Division) pursuant to Code of Civil Procedure sections 395(a) and 396(a). 1 Picozzi has filed a joinder to th...

Excerpt: ...g as an agent for Defendants [Gordon] and [Orchardl and was working and driving in the Trinity County area" when the accident occurred. (FAC, 4.) Jut-ila alleges she was delivering vehicles and equipment to the California Department of Forestry and Fire Protection ("Cal Fire") for Defendants and their benefit, pursuant to a contract between Orchard and the USCA Forest Service. (FAC, 3,14, 15.) Jutla alleges that at the time of the accident she "h...

Excerpt: ...("Equipment"). Defendant promised to pay to Plaintiff the financed amount of $36,579.49. A true and correct of the Retail Installment Contract and Security Agreement ("Contract") is attached hereto as Exhibit "A" and incorporated herein by this reference. (Cmp., 6.) Defendant was personally served with the summons and complaint on August 19, 2022. Defendant failed to file a responsive pleading, and his default was entered on September 23, 2022. P...

Excerpt: ...ave to amend. Plaintiff's second amended complaint (SAC) alleges the same causes of action as the FAC, namely (1) breach of partnership/joint venture agreement; (2) declaratory relief; (3) equitable contribution; and (4) promissory estoppel. Now before the Court is Defendant's demurrer to the SAC. 1 l. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complain...

Excerpt: ...aiding 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.) Th...

Excerpt: ...motion. (Declaration of Peter Pritchard, '13.) l. Legal Standard California law favors arbitration. (OTO, LLC. v. Kho (2019) 8 Cal.5th 111, 125.) Under California law, "[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract." (Code Civ. Proc„ S 1281.) The right to arbitration depends on the exist...

Excerpt: ...dgment was entered on February 8, 2023, and notice of entry of judgment was filed and served on February 21, 2023. Hugh now timely moves the Court to vacate and set aside the decision of the Court. Theresa opposes the motion. Per his notice of motion, Hugh seeks a new trial on the following issues: 1. The Court had no authority to nullify the provisions of the trust amendment made in 2006 and find that the original trust provisions made in 2005 s...

Excerpt: ...ive trust; (4) unjust enrichment; (5) civil damages under Penal Code secton 496(c); and (6) accounting. On August 3, 2022, the Court sustained Defendants' demurrer to the SAC with leave to amend. A Third Amended Complaint (TAC) was filed on August 15, 2022. Now before the Court is Defendants' demurrer to the Third Amended Complaint. l. Background The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as rema...

Excerpt: ...Harms, representative of the estate of David Harms and Jolene Harms (Harms) filed a creditor's claim in the total amount of $300,000. On September 21, 2022, the Public Administrator filed and served a rejection of that claim. Additionally, on August 24, 2022, and September 7, 2022, the Public Administrator filed notices of proposed action proposing to sell Decedent's real property. On December 21, 2022, Harms filed a petition for declaratory reli...

Excerpt: ...ed with the Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018 (the Amended Petition). 1 on September 9, 2019, Plaintiff filed a separate Petition for Instructons re Corrections, which he amended on August 24, 2020 (the 2020 Petition). In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harr...

Excerpt: ...15.98, plus interest, costs and fees. San Luis Obispo County Local Rule 25.02, provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 prov-des as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and ...

Excerpt: ...ey Harold Messick. Now before the Court is the demurrer filed by the Municipal Defendants. Plaintiff brings multiple causes of action which are premised on alleged mishandling of inspections or applications by the Municipal Defendants. Plaintiff opposes the demurrer.l Defendants have also filed a separate Motion to Strike portions of the FAC which is addressed herein. l. Background Plaintiff's FAC contains many causes of action and facts but enco...

Excerpt: ...ing yard at property located at or near 550 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. On October 19, 2022, this Court denied Plaintiff's motion for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Now before the Court is Plaintiff's renewed motion for preference. Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to the motio...

Excerpt: ...wned by Henry Pangelinan ("Pangelinan") and leased by the Hickeys (the "Condo".) Allegedly, the fire began when the Grays, who were social guests of the Hickeys, negligently used the oven in the Condo. The Condo is part of the BaycliffVillage Homeowner's Association, which is insured through Traveler's. Now before the Court is the Grays' motion for summary judgment. The Grays have raised the issue of whether a social guest should be treated as a ...

Excerpt: ...ownership of real property at 118 Clydell Court in Pismo Beach, California (the Property). Plaintiff alleges that he is the owner of an undivided 90% interest in the Property and Defendant is an owner of an undivided 10% interest in the Property. (Comp., "1 3, 4.) Plaintiff alleges that he and Defendant entered into a written agreement providing that he would convey Plaintiff a 10% undivided interest in the Property, and that the parties would li...

Excerpt: ...ustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees of $58,772 pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought ...

Excerpt: ...nswer on June 22, 2022. Wells Fargo now moves for summary judgment pursuant to Code of Civil Procedure section 473c. Wells Fargo moves on the ground that there is no triable issue of fact as to each of its six causes of action. Its motion is supported by its separate statement, a declaration from counsel, Defendant's responses to Wells Fargo's Requests for Admission, and the declaration of Plaintiff's Qualified Witness Margaret Schulze, Loan Work...

Excerpt: ...endants' motion to disqualify Plaintiff's supplemental expert witness Mark Apodaca. Under [Code of Civil Procedurel ] section 2034.210, subdivision (a), a party may demand a mutual and simultaneous exchange of each expert witness that any party 'expects to offer in evidence at trial.' And section 2034.260, subdivision (b)(l), requires an expert witness disclosure to list every expert 'that the party expects to offer' in evidence at trial... The s...

Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...

Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...

Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon is filed against the California Department of Parks and Recreation (State Parks), County of San Luis Obispo (the County), California Department of General Services (DGS), State of California, San Luis Obispo County Air Pollution Control Distri...

Excerpt: ...ction and response to the Petition. On August 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal. Petitioner opposes the motion. No reply is on file. Respondent filed her motion pursuant to Probate Code section 17202, which provides that the court may dismiss a petition if it appears that the proceeding is not reasonably necessary to protect the interests of the trustee or beneficiary, ...

Excerpt: ... judgment on those causes of action. No opposition has been filed. Wells Fargo, as the moving party, bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Wells Fargo makes a prima facie showing, then the burden shifts to Taber to show the existence of a triable issue of ma...

Excerpt: ...l wages due, including minimum, regular, and overtime wages as a result of Defendant's policy of improperly paying its non-exempt hourly employees; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; and (5) failure to pay wages upon ending employment of terminated or resigned employees. (Compl., ¶ 2.) Plaintiff alleges that she was employed by the Defendant from on or about ...

Excerpt: ... the FAC alleges that Plaintiffs were forced to do work for Defendant as mechanics and personal attendants and as such, are entitled to compensation as employees. Defendant now demurs to the entire FAC pursuant to Code of Civil Procedure sections 430.10, subds. (e) and (f) on the grounds that it fails to state a cause of action and is uncertain.1 Plaintiff opposes the demurrer. No reply is on file. Defendant's counsel submitted a declaration chec...

Excerpt: ...ed. Now before the Court is Plaintiff's motion to compel the County's further responses to requests for production of documents, set one (the RFPs), and request for sanctions in the amount of $1,560.00. As of the date of this ruling, the County has provided supplemental responses to the subject RFPs, Nos. 1 through 11 and 15. The supplemental responses do not comply with the Code of Civil Procedure. A party has three options in responding to requ...

Excerpt: ...) III. Although Lowry served as the interim Harbor Chief from September 2011 to October 2015, he voluntarily returned to the HPO III position. On March 11, 2016, when descending the rungs of an open ladder mounted to a pile of the pier, Lowry's legs became entangled with the ladder leaving him stuck and suspended upside down with his head and upper body submerged in the water. As a result of the accident, Lowry sustained physical injuries and was...

Excerpt: ... Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, D...

Excerpt: ...od faith and fair dealing (against TJC); (3) enforcement of stop payment notice (against TJC and the County); (4) recovery on payment bond (against Travelers and TJC); and (5) violation of prompt pay statutes for unpaid progress payments (against Travelers and TJC). In the FAC, Plaintiff alleges that it provided labor, service, equipment, or material, or a combination thereof, for a public works contract authorized by the contractor, TJC. (FAC, �...

Excerpt: ...nal Counselor, had a plan, whereby Defendant was supposed to make deals on Plaintiff's behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. Now before the court is Defendant's demurrer to the complaint. 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; Donabedia...

Excerpt: ...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. The collision dislodged the excavator, which fell over the side of the highway, landing atop Decedent's vehicle, and crushing it. (Cmp., ¶¶ 4, 15‐17.) Myers is the “for‐hire carrier and owner of th...

Excerpt: ... At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. In addition, Specialty had previously instituted its own action (20CV‐0167) again...

Excerpt: ... San Luis Obispo. Now before the Court is Defendants' motion for orders to stay deposition, quash deposition notice, and for a protective order preventing the deposition of Plaintiff's expert witness, Mary Jane Alumbaugh, Ph.D. Dr. Alumbaugh is an expert retained by Plaintiff on the issue of Plaintiff's emotional distress damages. Legal Authority. Code of Civil Procedure1 section 2025.010 provides a party's options to object to a deposition notic...

Excerpt: ...tlement conference (MSC) with Attorney/Mediator Andrew Weiss. The parties reached a settlement, which they memorialized on the record. That settlement has now fallen through. Specifically, Plaintiff Dennis Harms, now representing himself in pro per, has refused to participate in the drafting of the settlement documents with his former counsel, Matthew Nash. (According to the Court's records, Mr. Nash is still the attorney of record for Plaintiffs...

Excerpt: ... paralyzed from the waist down when he misjudged the size of a sand dune, drove over the top and crashed at the bottom. Plaintiff signed a waiver when he rented the ATV that expressly released Sun Buggie from any injuries he might sustain riding the ATV at the Park. Plaintiff's First Amended Complaint, filed on July 7, 2021 (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct; and 2) neg...

Excerpt: ...d assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, Davis and Edwards3 are the form...

Excerpt: ...porter. Defendant was terminated on November 5, 2019. Plaintiff alleges one cause of action under the Private Attorneys General Act, Labor Code sections 2698, et. seq. (PAGA) for wage and hour violations. Now before the Court is Plaintiff's motion for approval of PAGA settlement. Plaintiff requests that the Court issue an order: 1) granting approval of the proposed settlement under the Private Attorneys General Act, Labor Code sections 2698, et s...

Excerpt: ...October 13, 2022, Petitioners began the process of clearing dates to take the deposition of Respondent. (Declaration of Alex N. Newsum (Newsum Dec.), ¶|3; Ex. A.) On October 14, 2022, Petitioners served a Notice of Taking Deposition of Respondent, Margaret Flinn, with production of documents, setting the deposition for October 26, 2022 at 10:00 a.m. (Id., ¶ 5; Ex. C.) Petitioners' counsel also served a letter that indicated the Deposition Notic...

Excerpt: ...nding balance of $7,512.10. Plaintiff seeks to recover this amount. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima ...

Excerpt: ...tories, special interrogatories, and requests for production (RFPs). After obtaining an extension, Plaintiff's responses were due on June 22, 2020. On June 1, 2020, Plaintiff's former counsel filed a Notice of Motion to be Relieved as Counsel, which the Court granted in September 2020. Defendant subsequently served the discovery on Plaintiff directly on September 10, 2020. On October 26, 2020, Defendant's counsel sent a letter to Plaintiff inform...

Excerpt: ...int pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiff cannot assert a common law negligence claim against a public entity, and that Plaintiff's dangerous condition claim is subject to the police protective immunity pursuant to Government Code section 845. The Court sustained the demurrer with leave to amend only as to the second cause of action for dangerous condition of public property. On April 1, 2022, Plainti...

Excerpt: ...Inc., Hanson Aggregates, LLC, and Hanson Aggregates Mid‐Pacific, LLC (formerly known as Hanson Aggregates Mid‐Pacific, Inc.) (HAMP) (collectively, Defendants), and sought preliminary approval of the class action settlement.1 Plaintiff's motion for preliminary approval was granted on June 1, 2022. Now before the Court is Plaintiff's unopposed motion for final approval of the class action settlement. Plaintiff moves the Court for an order appro...

Excerpt: ...his treatment program. On May 31, 2022, Plaintiff served a Civil Subpoena Duces Tecum (the Subpoena) on Defendant. The Subpoena sought “all audio/video recordings of the interactions between John E. Odum and Larry Curlee that took place on April 17, 2019, and May 15, 2019.” The documents were to be produced on July 18, 2022. The parties have a history of discovery disputes regarding Plaintiff's attempts to obtain any audio/video recordings of...

Excerpt: ...‐ complaint against Plaintiffs. The dispute concerns the use and maintenance of an easement which crosses Defendant's property for the benefit of Moonstone's and Mr. Rust's parcels.1 Plaintiffs now seek leave to file a first amended complaint to add causes of action for nuisance and negligence. Plaintiffs state they realized their entitlement to assert such claims after attending mediation in February 2022. (Carrasco Decl., ¶ 5.) Replogle oppo...

Excerpt: ...ive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. This lawsuit concerns the parties' ongoing disputes regarding the commercial development known as the SLO Public Market at Bonetti Ranch (the Project). On November 4, 2020, this Court granted Defendants' motion to compel arbitration, staying the lawsuit as to all claims with the exception of claims for the appointm...

Excerpt: ...reatment program. On March 10, 2022, Defendant propounded a Deposition Subpoena for Production of Business Records (the Subpoena) on CSH. The Subpoena seeks, “[a]ll documents and communications relating or referring to Larry Curlee and his participation in the Sex Offender Treatment Program at [CSH].” (Voss Decl., Ex. A.) Defendant objected to the Subpoena by completing an “Objection by Non‐Party to Production of Records.” (Curlee Decl....

Excerpt: ... open book account and account stated in the amount of $11,909.78. WP Group failed to file an answer, and default was entered as to it on May 24, 2022. FNB now moves for summary judgment against Westbay1 on both Westbay's complaint, and FNB's cross‐complaint. The Court grants FNB's unopposed request for judicial notice pursuant to Evidence Code section 452, subdivisions (d) [Exhibits D‐H] and (c) [Exhibit I].) Westbay opposes the motion. I. S...

Excerpt: ...and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiffs' Motion for Preliminary Injunction.1 At a hearing...

Excerpt: ...ide rest periods and premium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). The parties mediated the dispute over a full day with experienced professional mediator Scott Radovich. (Declaration of Ruben Escobedo. ¶ 4.) Plaintiff and Defendant settled, and Plaintiff...

Excerpt: ...he sole trustee. 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 petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on January 9, 2023. Currently before the Court are Petitioner's motions to compel further responses to ...

Excerpt: ...ior to filing the demurrer. (See Declaration of Donald L. Mabry.) Plaintiff opposes the demurrer. I. Legal Standard 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., § 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) The court must draw all reasonable infere...

Excerpt: ...Obispo and the State of California. (Comp., ¶ 4.) Plaintiff alleges that she worked for Defendants as a non‐exempt Sales Advisor from approximately 2008 to June 2018. Plaintiff's job duties consisted of passing out food samples at demonstration tables inside Costco retail locations. (Comp., ¶ 9.) Defendants now move to compel arbitration of Plaintiff's claims pursuant to the Federal Arbitration Act and Code of Civil Procedure sections 1281.2 ...

Excerpt: ...eneral contractor for the Project. 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. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On March 13, 2020, Specialty filed a complaint in a separate lawsuit (20CV‐0167...

Excerpt: ...nch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) 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 the Jones Defendants' favor and declined to award any relief to Plaintiffs. On May 6, 2022, this Court ...

Excerpt: ...hysical harm; 5) elder abuse‐financial fraud; 6) conversion; 7) misappropriation of trade secrets, unjust enrichment; 8) false imprisonment; and 9) intentional infliction of emotional distress. Defendants demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...

Excerpt: ...hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. Garden Street responded by filing its own cross complaint on O...

Excerpt: ...C) alleging causes of action for negligence and breach of contract. Plaintiffs' lawsuit centers around their purchase of a mobile home located at 3960 South Higuera Street, Unit 178 in San Luis Obispo (the Property). (FAC, ¶ 12.) Plaintiffs allege they purchased this home from Newitt for approximately $213,741.54 on April 29, 2019. (Ibid.) Plaintiffs allege Newitt was represented by Engle of Defendant BHG. (FAC, ¶ 13.) Plaintiffs allege BHG hel...

Excerpt: ... Paul A Flinn Revocable Living Trust, dated May 2, 2012 (“Trust”). Petitioners and Respondents are the children of Paul A. Flinn (“Paul”) and are the successor co‐ trustees of the Trust. However, Respondent's powers as co‐trustee were suspended by this Court on July 19, 2021. Respondent now asks the Court to dismiss the Petition based on forum non conveniens. (Code Civ. Proc., § 418.10(a)(2).) As the moving party, Respondent bears th...

Excerpt: ...is Respondent's motion to dismiss the amended petition. Respondent raises three grounds for dismissal: (1) statute of limitations (Code Civ. Proc., § 366.3); (2) failure to join an indispensable party (Code Civ. Proc., § 389); and (3) failure to prosecute (Code Civ. Proc., § 583.410). Petitioners oppose the motion. Respondent reports that service of Petitioners' opposition was untimely and requests a continuance to address the merits of the op...

Excerpt: ...at on or about December 4, 2018, at approximately 7:00 p.m., Plaintiff was walking towards the elevator at Sierra Vista, when she suddenly and without warning was caused to slip where a clear liquid having the appearance of water had accumulated. As Plaintiff slipped, she fell to the ground landing on both knees and both hands as she tried to break her fall. As a result of the fall, Plaintiff sustained serious bodily injury. (Comp., p. 4, ¶ GN�...

Excerpt: ... the alleged misuse of a business name. Defendants demur to each claim pursuant to Code Civil Procedure sections 430.10(e) and 430.10(f). Defendants have simultaneously filed a Motion to Strike that will be addressed herein. Defendants request judicial notice of multiple exhibits labeled 1‐12. Plaintiffs oppose both motions and the request for judicial notice. I. Background Gavin is the owner and president of Patriot Sportfishing, Inc. dba Morr...

Excerpt: ...tiffs' injuries because their father (also named, Andrew McTaggart)1 was killed by Maneely on Defendant's premises. Both McTaggart and Maneely rented storage units at Defendant's facility. Defendant now moves for summary judgment. Defendant's motion raises a single issue, i.e., whether it owed a duty to Plaintiffs' father.2 For the reasons set forth below, the motion is granted. I. STANDARD Summary judgment is proper when there are no triable iss...

Excerpt: ...ers filed a First Amended Petition on March 29, 2022, for (1) invalidation of trust amendment; (2) invalidation of will; (3) to suspend and remove successor trustees; (4) for constructive trust and equitable lien to recover trust property; (5) breach of trust, (6) undue influence, and (7) for an accounting. The Amended Petition seeks damages, special damages, and punitive damages.1 On March 30, 2022, Petitioners filed an Ex Parte Application for ...