Excerpt: ...n default on rents due from December 2017 through March 2018. Plaintiff was awarded judgment in the net amount of $3,619, and as the prevailing party, was awarded attorney's fees in the amount of $11,831.25, and costs in the amount of $1,015. Defendant timely filed her notice of appeal. On June 25, 2019, the appellate court upheld the judgment of the trial court, finding in Plaintiff's favor. The clerk served the remittitur on July 29, 2019. Plai...

Excerpt: ...red dollars ($600.00) each month rent for my son BENJAMIN W. MORRIS III direct to his landlord for the life of BENJAMIN W. MORRIS. The trustee shall establish a reserve fund for the rent, and keep sufficient assets in the trust if necessary. This gift shall not be paid during any periods that my son may be incarcerated. Morris filed a Petition for Order Establishing Title to Trust Property on November 5, 2014, alleging that Foster had not complie...

Excerpt: ...e landlord. The Lease included an agreement between the parties regarding the construction of tenant improvements. On July 24, 2019, the Court granted Plaintiff's motion to file a fourth amended complaint (“FAC”) to add causes of action for disgorgement under Business and Professions Code section 7031, and for restitution/injunctive relief under Business and Professions Code section 17200, et seq. The Court adopted its tentative ruling which ...

Excerpt: ...yn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying a fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ 24.) Plaintiffs allege there was a misappropriation of Partnership opportu...

Excerpt: ...erse 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 does not state facts sufficient to state a cause of action for inverse condemnation against Defendant...

Excerpt: ...rust proceeding. In July, 2019, a few days prior to the hearing on Hoyt's motion, Corral dismissed the civil action. Hoyt initiated this civil action on July 12, 2019, wherein she alleges a single cause of action for financial elder abuse against Corral. Currently on calendar is Corral's demurrer which argues that this civil action and the trust proceeding address the “same cause of action.” On those grounds, she seeks dismissal of this civil...

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: ...ns real property located at 783 Asilo Street in Arroyo Grande (the Subject Property). Plaintiff alleges that in 2003, Defendants “agreed to gift the Subject Property to Plaintiff if Plaintiff agreed to relocate her family from southern California to Arroyo Grande, CA, so that Plaintiff and her grandchild would be near defendants.” (Compl., ¶ 4.) Plaintiff alleges that she agreed to this proposal, and sold her home in Southern California, qui...

Excerpt: ...nt claims that Plaintiff is not entitled to ownership or possession of the Subject Property. (Ans., ¶¶ 3.k.) Defendant asserts he is the rightful owner of the Subject Property, and that the foreclosure sale at which “Plaintiff purported to purchase and acquire title was conducted by a foreclosure trustee and a foreclosing beneficiary who had no power under or interest in the deed of trust being foreclosed.” (Ans., Attachment 3k.) Defendant ...

Excerpt: ...s, Conditions and Restrictions and Grants and Reservations for Easements and Rights for [the Development]” (the “CC&Rs”), which was recorded on December 19, 1984. In addition, Petitioner is regulated by its Articles of Incorporation filed with the Secretary of State and its Amended and Restated Bylaws (the “Bylaws”). On November 6, 2018, Petitioner filed a verified Petition to Reduce the Required Voting Percentages to Amend the CC&Rs, p...

Excerpt: ...iff served Special Interrogatories, Set One (“Interrogatories”) and Request for Production of Documents, Set One (“RFPs”) (collectively “Discovery”) on Defendant. On August 27, 2018, Plaintiff granted Defendant a two‐week extension to respond to the Discovery, making Defendant's deadline to respond September 19, 2018. (Opposition, Exh. B.) Defendant timely served responses, containing only objections, to both the Interrogatories and...

Excerpt: ...e Civ. Proc., § 474.) Plaintiff's complaint asserts one cause of action for premises liability. Plaintiff alleges that all Defendants owned or controlled the premises located at 1248 E. Grand Avenue in Arroyo Grande (the Subject Property). Plaintiff further alleges that on December 14, 2015, she tripped and fell on an entrance step at the Subject Property, suffering injuries. Now, before the Court is Ms. Innes' motion for summary judgment. (Code...

Excerpt: ...r negligence and premises liability, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs are represented by Attorney Don Ernst. Hannah is represented by Attorney Jennifer Capabianco. Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe persona...

Excerpt: ...ing to the home station. Stark seeks to stay his payments obligation pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for serv...

Excerpt: ...n an attorney affidavit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because he inadvertently miscalendared the hearing date for April 19, 2017 (not 2018). Rel...

Excerpt: ...lleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Plaintiffs2 allege causes of action3 for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide rest periods or additional wages in lieu thereof; (4) failure to provide meal periods or additional wages in lieu thereof; (5) failure to issue accurate wage statements; (6) failure to timely pay wages due at t...

Excerpt: ... Defendant Meghan Hughes (“Defendant”), arising out of an automobile accident. Motion for Costs and Expenses to Enforce Requests for Admissions Pursuant to Code of Civil Procedure section 2033.430, Plaintiff now moves for the recovery of expenses, including attorney's fees and costs incurred, in proving at trial the truth of certain matters that were denied by Defendant in response to requests for admissions. Plaintiff's motion seeks $182,573...

Excerpt: ...ll named beneficiaries of the Estate of Howard W. Lester, deceased. On December 27, 2017, Plaintiff filed his First Amended Complaint (“FAC”). Plaintiff alleges that he is the son of Howard W. Lester (“Howard”). (FAC, ¶ 9.) Howard divorced Plaintiff's mother in 1967, and in 1971 married Jonnie Braaten (“Jonnie”), who had two children at the time of the marriage, the Defendants. (FAC, ¶¶ 8‐10.) On May 20, 1992, Howard and Jonnie e...

Excerpt: ...ed as co‐trustees.1 In November 2005, Floyd and Joan purchased real property on Alameda Drive in Paso Robles, which served as their primary residence (the “Alameda Property”). Floyd and Joan took title as “husband and wife as joint tenants.” Floyd passed away on May 29, 2008, after which Joan became sole trustee of the Trust. In July 2008, Joan recorded (1) an Affidavit – Death of Joint Tenant removing Floyd from title on the Alameda ...

Excerpt: ... of oral contract between Plaintiff and Agenbroad; (3) breach of the implied covenant of good faith and fair dealing; and, (4) intentional infliction of mental and emotional distress. Plaintiff's FAC alleges that Plaintiff and Agenbroad were in a romantic relationship and, in early 2016 they decided to attend university and move in together. In January 2016, Plaintiff and Agenbroad entered into a written lease agreement with California West, Inc....

Excerpt: ...perty”). (Compl., ¶ 7.) The Premier Defendants1 allegedly acted as dual agents for Mr. Gunther, the seller of the Subject Property, and Plaintiff, the buyer. (Compl., ¶ 8.) Plaintiff alleges that on or about April 25, 2017, “defendants, falsely and fraudulently represented to Plaintiff that the property was in a condition to be developed and built upon, and that Plaintiff could build a house on the property as was his purpose...” (Compl.,...

Excerpt: ... 2016. Petitioner alleges he was covered by bodily injury liability insurance policies containing uninsured/underinsured motorist coverage that were applicable on February 4, 2015 (policy number BA 8646989), and January 26, 2016 (policy number BAA (16) 56 47 56 16). (See Exhs. 1, 2, to Declaration of Don A. Ernst (“Ernst Decl.”.) On June 28, 2017, Petitioner sent a letter demanding arbitration under the uninsured and underinsured motorist pro...

Excerpt: ...vit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because due to his mistake, inadvertence and surprise he was not aware of the hearing. Relief from the judgmen...

Excerpt: ...ion 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Relief from the judgment of dismissal is mandatory when there is an attorney affidavit of fault and the motion is brought within six months of the dismissal. (Code Civ. Proc., § 473(b).) Here, the motion w...

Excerpt: ...tes that Defendant failed to properly serve counsel for Plaintiffs with his Motion to Quash. Defendant's proof of service indicates that the motion was mailed to counsel for Plaintiffs at “928 W Grand AVE, Grover Beach, CA 93433,” on June 25, 2018. Per the address on the caption of the complaint, counsel's zip code is 93483. Thus, Plaintiffs were not properly served. Second, in his declaration in support of his Motion to Quash, Defendant decl...