Excerpt: ...ant failed to pay as required by the terms of the contract. Plaintiff served the motion and supporting documents on Defendant, but Defendant failed to file an opposition. As the moving party, Plaintiff has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc. §437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) P...

Excerpt: ... 2015 Memorandum of Agreement (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.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Wa...

Excerpt: ...f the assets to be placed in trust. Income is to be paid 50% to Petitioner and 50% to decedent's grandchildren until Petitioner dies. Upon Petitioner's death, all passes to the grandchildren. Petitioner claims she received a distribution of the house in Morro Bay, and $10,000 cash in 2015, but nothing since that time. Petitioner alleges that a number of assets make up the remaining trust estate and that she should have received more. Petitioner a...

Excerpt: ...hantability; (4) breach of implied warranty of fitness for a particular purpose; (5) express warranty; (6) unfair and deceptive acts or practices; and (7) negligence. Bradley is a “drift” racecar driver. (Douglas Decl., ¶ 2.) Drifting is a technique where the driver intentionally oversteers, causing the car to experience a loss of traction in the rear wheels, or on all tires, while the driver maintains control of the vehicle and continues to...

Excerpt: ..., Space 52, in Los Osos (the Property). Plaintiff alleges that on February 20, 2008, Roger1 and Betty Jean agreed to rent the Property on a month‐to‐month basis per a written agreement, for $617.44 per month, with periodic monthly rental increases thereafter. Plaintiff alleges all four Defendants were served with a 60‐day notice to quit via substituted service on June 29, 2019. On August 12, 2019, Darcel Dick and Robert Osinksi2 , at that t...

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 du...

Excerpt: ...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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges Respondent breached her fiduciary du...

Excerpt: ..., against Mr. Tucker and Halcyon; (3) premises liability, against Halcyon; and (4) dangerous condition of public property, against the City. On January 21, 2019, the City filed a cross‐complaint against Halcyon and Mr. Tucker1 . The City's cross‐complaint alleges causes of action for equitable indemnity and declaratory relief against Halcyon. This lawsuit stems from a motor vehicle accident between Plaintiff, driving his Harley Davidson motor...

Excerpt: ...nt Jones and Plaintiff, resulting in Plaintiff's lifelong severe and debilitating injuries. Plaintiff and Jones have reached a settlement, and Jones moves for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and Jones have agreed to settle Plaintiff's claims against him for his $1.5 million Farmers Insurance policy limits in exchange for Plaintiff's covenant not to execute ag...

Excerpt: ...se Inc. (Custom House) (collectively Cross‐Defendants), alleging causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. This lawsuit relates to commercial property known as Alex's BBQ (the Property), located at 853 Shell Beach Road in Pismo Beach. Plaintiff is alleged to be the owner of the Property. (Compl., ¶ 1.) Plaintiff alleges that it obtained a Coastal Development Permit to tea...

Excerpt: ...trustee's sale. Defendant demurred to Plaintiff's complaint on the grounds that it is barred by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. The Court sustained Defendant's demurrer on the ground that the complaint stated no present controversy because the issues had already been adjudicated and were barred by res judicata,...

Excerpt: ... replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Trust has been subject to ongoing litigation (case number PR13‐0085).2 Mr. Barbich is currently the sole trustee pursuant to a court judgment dated November 25, 2015.3 On December 12, 20...

Excerpt: ...ber 6, 2019, Epifanio filed a cross‐complaint against Plaintiff asserting causes of action for (1) interference with easement, (2) prescriptive easement, and (3) negligence. Plaintiff and Epifanio are neighbors with dueling easement claims. Plaintiff owns property located at 800 Ralcoa Way in Arroyo Grande (the Garl Property). (Cromp., ¶ 2.) Plaintiff alleges he conducts a tree service and firewood business on his Property. (Ibid.) Epifanio ow...

Excerpt: ...ollision in which Plaintiff suffered severe and debilitating injuries. The facts surrounding Plaintiff's lawsuit are largely undisputed. On March 17, 2017, Defendant Jones was driving from his home to his job1 at California Polytechnic University, San Luis Obispo (Cal Poly). (UMF 3.) Jones drove his car eastbound on Foothill Boulevard in San Luis Obispo when he drove into a left pocket lane to turn onto Mustang Drive. (Compl., ¶ 9.) However, ins...

Excerpt: ...tentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, (6) civil conspiracy, (7) breach of contract (against the Hive, only), and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleg...

Excerpt: ... of $300,000, memorialized in a Stipulation of Settlement. (Lidman Decl., Exh. 1 (the “Settlement Agreement”).) After deducting administration costs, Plaintiff's $5,000 service award, attorneys' fees and costs, and payment of Private Attorney General Act (“PAGA”) penalties, the remaining net settlement amount of approximately $147,545 will be distributed to all settlement class members who do not opt‐out of the settlement. (Lidman Decl....

Excerpt: ...nment harassment in violation of FEHA, against Defendants; (3) sex. gender discrimination in violation of FEHA, against Libertine; (4) failure to prevent discrimination and/or harassment in violation of FEHA, against Libertine; (5) constructive termination in violation of public policy, against Libertine; and (6) sexual battery, against Newton. Willig's complaint alleges that she worked for Libertine in San Luis Obispo, and that Newton is co‐ow...

Excerpt: ...intiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff has filed ...

Excerpt: ...n (Objector) is a trust beneficiary and filed an objection to the petition. On May 24, 2019, Petitioner served interrogatories (Ex. A), form interrogatories (Ex. B), requests for admission (Ex. C), and requests for production of documents (Ex. D), on Objector. Now before the Court is Petitioner's motion for an order compelling Objector to respond to the interrogatories, form interrogatories, requests for admission (RFAs), and requests for product...

Excerpt: ...laint [FAC], ¶¶ 5, 7.) Plaintiff's FAC includes causes of action for (1) penalties under the Private Attorneys General Act (PAGA); (2) meal period violations; (3) rest period violations; (4) wage and hour violations; (5) wage statement penalty; (6) waiting time penalty; and (6) unfair competition. On November 30, 2017, Plaintiff signed a Mediation and Arbitration Agreement (the Agreement), wherein she agreed to arbitrate certain disputes arisin...

Excerpt: ...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”). 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 “CCC”) was the only r...

Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...

Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...

Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...

Excerpt: ...r competition; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) civil conspiracy; (7) breach of contract (against the Hive, only); and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11,...