Excerpt: ...y injury liability insurance policy with uninsured/underinsured motorist coverage. In her Petition, Petitioner alleges she was in an automobile accident on August 29, 2015 with an underinsured motorist. Petitioner thereafter filed a claim for underinsured motorist benefits pursuant to her policy with Respondent. Petitioner alleges that the Parties have been unable to agree upon a neutral arbitrator. (Petition, p. 2, ll. 23‐24.) Petitioner reque...

Excerpt: ...2017. Romero consequently seeks to stay his mortgage payments, 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 service of...

Excerpt: ... attempted to take Mayer's locked ammunition box from Mayer's possession. Mayer further alleges that the employee attempted to wrest the box from his control, causing Mayer to fall to the ground, and to sustain physical and mental injuries. Defendant moves here for summary judgment on the complaint, or in the alternative, summary adjudication. Mayer opposes the motion. As the moving party, Defendant has the initial burden to make a prima facie sh...

Excerpt: ...f filed suit against Compass Holding, Inc. and Compass Health, Inc., asserting two causes of action for Elder Abuse and Negligent Hiring and Supervision. French is not named as a defendant. Evidence Code section 1158 states: Before the filing of any action or the appearance of a defendant in an action, if an attorney at law or his or her representative presents a written authorization therefor signed by an adult patient, by the guardian or conser...

Excerpt: ...int (“FAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. On April 4, 2018, this Court sustained Defendants' demurrer to Plaintiff's second, third, and fifth causes of action with leave to amend, and ov...

Excerpt: ...nding Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is division between Marital and Family shares. The Family Share trust became irrevocable on Jerry McKibben's death. The Trust held six parcels of real property1 as well as a business known as Loyola Automotive, which Petiti...

Excerpt: ...r in the alternative summary adjudication against Defendant, pursuant to Code of Civil Procedure section 437c. The motion and supporting papers, including a Memorandum of Costs, were served by mail on Defendant on January 31, 2018. Defendant does not oppose the motion. 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. ...

Excerpt: ...destrian bridge is present on the Property. (Compl., ¶ 6.) Plaintiff believes that Defendant “has illegally squatted on the Property on various occasions over the past several years.” (Compl., ¶ 7.) Plaintiff avers it has contacted its private security and law enforcement multiple times over the years to remove Defendant from the Property. (Compl., ¶¶ 10, 11.) In November 2017, Plaintiff learned that Defendant alleged an ownership interes...

Excerpt: ...ory penalties of $3,600 per Civil Code section 1950.5, et seq. “for retention of deposit in bad faith1 ,” and “damages...for financial abuse of an elder.” (Compl., ¶ 10.) Plaintiff indicates that her damages are greater than $10,000 but less than $25,000, classifying the action as limited civil. Plaintiff alleges that she is, and has been at all relevant times, over 65 years old; that she entered into a contract (“the Lease Agreement�...

Excerpt: ...merican Title Insurance Company and First American Trustee Servicing Solutions, LLC (collectively “First American”). 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. The day after the sale, First American declared the sale invalid and returned Plaintiff's payment. First American demurs here to the com...

Excerpt: ... years. Petitioner claimed an equitable and/or legal ownership interest in real property held by Decedent based on express and implied agreements, as well as the co‐mingling of her assets with Decedent's, which assets were then used to acquire the properties. Petitioner requested a constructive trust to ensure the security of her remedies for her claims of breach of express and implied agreements, breach of partnership agreement, quantum meruit...

Excerpt: ...ng to the home station. Stark seeks to stay his payment obligations 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 servi...

Excerpt: ... 4.) The contract contains a “Dispute Resolution” provision, providing: The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be su...

Excerpt: ...tinent facts are taken from the Administrative Record1 (“AR”) and Petitioner's moving papers. Petitioner is currently incarcerated at California Men's Colony (“CMC”) in San Luis Obispo. (Petition, p. 2, ll. 1‐2.) On March 22, 2018, CDCR submitted an Involuntary Medication Notice (“the Notice”), alleging that Petitioner was a danger to others. (AR, Notice, pp. 1‐2.) CDCR further alleged that Petitioner had been diagnosed with schiz...

Excerpt: ...nd injunctive relief; (3) judicial determination of buyout price by disassociating partner; (4) breach of contract and breach of fiduciary duty; and (5) declaratory relief. The named defendants are Amy Elizabeth Henry and John Frederick Henry (“the Henrys”); and Julia Ann Johnston and Clyde Gene Johnston1 (“the Johnstons”), named in their individual capacities and in their capacities as trustees of the Julia Ann Johnston Revocable Living ...

Excerpt: ...he truth about his ex‐wife.” (Request, ¶ 3.b.) Petitioner claimed Respondent was “determined” that Petitioner was dating Respondent's ex‐wife, and Petitioner feared Respondent “may cause harm or harassment to my family if I do not respond to what he wants.” (Ibid.) Petitioner also claimed that Respondent stated he would “come see [Petitioner] personally at home or at my workplace” if Petitioner refused to talk to him. (Id. at �...

Excerpt: ...orney, by which Stanard became self‐represented. On December 18, 2017, Cross‐Complainants served Special Interrogatories, Form Interrogatories, and Requests for Production of Documents (collectively “Discovery”) on Stanard at the address shown on the substitution of attorney he filed with the Court. After responses to the Discovery were due, and in response to a letter from counsel for CrossComplainants inquiring about responses, Stanard ...

Excerpt: ...e was significant water intrusion which caused extensive water damage such that Plaintiffs could not operate their retail business. The complaint also included Lanett's claim for personal injuries based on her exposure to toxic mold. Defendants initially demurred to all causes of action on the grounds the claims were barred by the exculpatory provision in the Lease. The demurrer was sustained with leave to amend as to Standard, Inc., sustained wi...

Excerpt: ...of Requests for Admission (“Requests”) on Schmidt via mail. Schmidt did not respond, and on April 20, 2018, Stevens filed this Motion for an Order Establishing Admissions and for Monetary Sanctions (“Motion”). Stevens establishes in her declaration that the Requests were properly served, that the time to respond has expired, that as of the date of the filing of the Motion no responses have been provided, and that she has incurred $97 in c...

Excerpt: ...to Code of Civil Procedure section 2033.280, if the responding party fails to timely respond to requests for admissions, upon noticed motion, the Court shall order that the truth of any matters specified in the requests be deemed admitted, unless proposed responses in substantial compliance with Code of Civil Procedure 2033.220 are filed before the hearing. Defendant has not filed any proposed responses or responded to the Motion. The unopposed M...