Excerpt: ...use of action for violation of Business and Professions Code sections 17200, et seq. Plaintiff's FAC alleges that Mindbody engaged in unfair business practices because he and other similarly situated employees in California were not paid overtime at the correct rate, were not provided with duty‐free meal and rest periods, were not paid meal period premiums, and were not reimbursed for their business expenses, in violation of various provisions ...

Excerpt: ...n Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued 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 subtrusts. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case N...

Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...

Excerpt: ...nd winding up of limited partnership. On August 26, 2019, this Court ordered the parties to attend mediation, to be completed by December 6, 2019. (Pick Decl., Ex. F.) Mediation was scheduled for November 6, 2019. (Pick Decl., ¶ 14.) However, Mr. Pemberton, by this time was no longer represented by counsel1 , and did not appear at the mediation. (Ibid.) On August 15, 2019, Defendants – still represented by counsel – filed a petition to compe...

Excerpt: ...s Pismo Beach Self‐ Storage, L.P. (PBSS); PBGP, LLC; and M.J. Ross Construction, Inc. (MJR), and alleges causes of action for (1) negligence, (2) removal of lateral support (against PBSS and PBGP, only); (3) negligence per se; (4) trespass; and (5) private continuing nuisance. This lawsuit concerns two adjacent parcels of property located at 100 Five Cities Drive (the PBSS Property) and 200 Five Cities Drive (the Jasool Property). (FAC, ¶¶ 3,...

Excerpt: ... served with the summons and complaint on April 10, 2019. He too did not file an answer, and his default was entered on May 21, 2019. On August 28, 2019, Defendants moved to set aside their respective entries of default. However, the proofs of service did not indicate that the motions were served on Plaintiff, the notice of motion was incorrect, and the motions did not indicate under what statute or on what grounds the parties were seeking to set...

Excerpt: ...uta's behalf in the United States District County Central District, which is located in Los Angeles County. That action was dismissed shortly thereafter at the request of Nauta's mother, in order to make some changes. A revised complaint was filed against Bank of America in the same court on February 16, 2018. It was later dismissed at Nauta's direction, on April 23, 2018. (Murphy Decl., ¶¶ 9‐12.) Murphy reports that she and Nauta have been e...

Excerpt: ...ntial building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4‐6.) On April 26, 2019, Defendant filed an answer, denying Plaintiff's allegations. Now, before the Court is Plaintiff's motion to deem the truth of the matters specified in Plaintiff's requests for admission (RFAs) to Defendant admitted, and for sanctions in t...

Excerpt: ...suant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff's favor in the amount of $4,074,60, representing the unpaid credit card balance and court costs. (Stip., ¶ 1.) The Stipulation further provided that Plaintiff would not request judgment be entered so long as Defendant did not default with a payment plan. (Id. at ¶ 4.) Per the Stipulation, Defendant was required to make payments directly to Plaintiff's cou...

Excerpt: ...work. Defendants filed a Cross‐Complaint. On April 15, 2019, Plaintiff served form interrogatories (set one) on Brown and on Hefele. On May 7, 2019, Plaintiff served form interrogatories (set two) on Brown and on Hefele, inspection demands (set one) on Brown and on Hefele, and special interrogatories (set one) on Brown and on Hefele1 . Defendants each served their objections and responses to the discovery (including both sets of form interrogat...

Excerpt: ...e the Court is Defendant's motion for attorney's fees. The motion is unopposed. Section 527.6 of the Code of Civil Procedure1 which governs requests for, and issuances of, temporary restraining orders (TROs), was enacted “to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 729‐730, citing Stats.1978, ch...

Excerpt: ...endant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (Compl., p. 4) Plaintiff alleges that Defendant misrepresented the results of Plaintiff's polygraphs, and that Plaintiff has suffered damages and setbacks in his treatment program as a result. Plaintiff seeks compensatory damages in the amount of $2,500,000, punitive damages, costs, and requests that Defendant's license and certif...

Excerpt: ...r stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier ‐CA, LLC (the “Moving Parties”) now seek an order allowing the Petition for Approval of Minor's Compromise to be filed under seal. The Moving Parties argue the proposed petition requires disclosure of the “settlement amount” within a confidential settlement agreement, and that the partie...

Excerpt: ...pers for Defendants. Lua worked for Defendants from May 2005 to June 12, 2017, and Guzman from 2014 to May 2017. (Cmp., ¶¶ 13, 14, 22.) 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 seventh causes...

Excerpt: ...counting, Remove Trustee, Appoint Successor Trustee, and Compel Redress for Breach of Trust against Respondent Geraldine Lopez Macklin (“Macklin”), Trustee of the Antonette Waiton Family Trust, dated March 7, 2006.1 On December 3, 2018, Petitioners filed their Verified Amended Petition. On January 23, 2019, Macklin was personally served with Petitioners' Request for Production of Documents (Set One) and Petitioners' Requests for Admissions (S...

Excerpt: ...ium. Plaintiffs' complaint further alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now, before the Court is a motion for summary judgment brought by Dr. Ryan, Mr. Anderson, and Central Coast Che...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On ...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...

Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...

Excerpt: ...lty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...

Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...