Excerpt: ...for necessary expenditures or losses and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professions Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022 the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement (“Motion”.) The Motion is unopposed. The settlement Class consists of �...

Excerpt: ... at property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Plaintiff now moves for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to all three oppositions; Covelop has filed a joinder to the oppositions filed by Ager and Bunyon. Legal Authority. Section 3...

Excerpt: ...Laguna Shores‐‐Tract 718 (“CC&Rs”), which was recorded on May 10, 1980, and the Association is regulated by its Articles of Incorporation (“Articles”) and its Amended and Restated Bylaws of Laguna Shores Homeowner's Association (“Bylaws”).1 On July 7, 2022, Petitioner filed a Petition to Reduce the Required Voting Percentages to Amend the CC&Rs (“Petition”), pursuant to Civil Code section 4275. On July 25, 2022, this Court iss...

Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...

Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited 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 favor of the Jones Defen...

Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...

Excerpt: ...inst Successor Trustee, Kristen R. Barba (“Respondent”). On April 3, 2021, the parties entered into settlement agreement pursuant to which they agreed to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”) (“Agreement”.) On January 24, 2022, the parties appeared before the Court for an Order to Show Cause re: Dismissal hearing. At that time, all the terms of the Agreement had been comple...

Excerpt: ..., or in the alternative summary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposed the motion. Prior to the initial hearing on the motion, the Court posted a tentative ruling that anticipated denying the motion on the grounds that Plaintiff had not made the requisite showing. At the hearing, counsel provided further information, and t...

Excerpt: ...n subpoenas that were personally served on two non‐party witnesses: Kevin De La Cruz (De La Cruz) and Jimmy Cervantes (Cervantes) (the Deponents). The Deponents both failed to appear at their depositions, and Defendant's counsel made a record of the non‐appearances and now seeks monetary sanctions against the deponents, as well as an order compelling them to comply. When the motions initially came on calendar, they had not been served on the ...

Excerpt: ...ary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposes the motion. I. Legal Standard Section 437c(h) provides that: If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be present...

Excerpt: ... Lime Mountain Livestock, LLC (Lime Mountain) filed a lawsuit (San Luis Obispo Superior Court Case No. 18CVP‐0101) against Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Ric...

Excerpt: ...vid R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to properties near Lake Nacimiento due to the Chimney Fire. Shortly before the Chimney Fire, Plaintiff Paul Atkins and his brother Gary A...

Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...

Excerpt: ...ff's five causes of action are alleged against both Defendants, and both Defendants are represented by the same counsel. On March 29, 2022, Plaintiff filed a voluntary dismissal without prejudice for all causes of action against Hefele. The action remains pending against Brown. On April 13, 2022, Hefele filed her Memorandum of Costs After Judgment seeking $20,449.55 in costs. Plaintiff now moves for an order taxing and striking the costs claimed ...

Excerpt: ...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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...

Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...

Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...

Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...

Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...

Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...

Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...

Excerpt: ...tum, and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On November 30, 2018, Defendants filed an amended cross‐ complaint substituting Roe No. 40 for The Western Surety Company. On November 18, 2021, Mark Coffin, counsel for Defendants, emailed Notices of Deposition for: ...

Excerpt: ... petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed a first amended petition (FAP) in July 2017. The FAP set forth the following causes of action: (1) Instructions as to Language of Trust; (2) Suspend and Remove Successor Trustee and Appointment of Successor Trustee; (3) Breach of Trust; (4) Breach of Fiduciary Duty; and (5) Compel Accounting. Trial was origin...

Excerpt: ...plaint alleges that Lowry submitted his disability retirement application in February 2019, but the District failed to timely process it, and instead deemed him voluntarily resigned. The complaint alleges (1) wrongful discharge; (2) disability discrimination – failure to engage in good faith in the interactive process; (3) disability discrimination – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of ac...

Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...

Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...

Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...

Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...

Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...

Excerpt: ...mium 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). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...

Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...

Excerpt: ...e Foster 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 Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...

Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...

Excerpt: ...(s) upon request by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit “A”. The Plaintiff has performed all conditions precedent to bringing this action or the same have bee...

Excerpt: ... legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. On November 10, 2021, the Court sustained Defendants' demurrer to the complaint without leave to amend. Plaintiff now moves pursuant to Code of Civil Procedure section 10081 for reconsideration of this Court's order sustaining the demurrer (the “Order”). Plaintiff conten...

Excerpt: ...st, to construct and operate a hemp farm in Squaw Valley, California. (FAC, ¶¶ 5, 9.) Plaintiff alleges the parties agreed to split all costs and profits 50/50 and provide services to the partnership in equal percentages. (Id. at ¶ 7.) Plaintiff alleges the parties formed a company called Central Coast Hemp Company (the Company). (FAC, ¶ 8.) Plaintiff alleges the Company's articles of incorporation were filed with the California Secretary of ...

Excerpt: ...bject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “Es...

Excerpt: ...inda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the 2017 Trust); and Johnny Lawrence Newton (Newton), an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the 2017 Trust. Raelene Ramos and Bowlby are sisters. Their parents John and Thelma Hindmarsh settled the Irrevocable Trust and Revocabl...

Excerpt: ...rty), and that Defendants entered into an agreement with Milstein, on June 21, 2021, to sell him the Property. Milstein alleges that Defendants breached the agreement by refusing to do so. Attached to the complaint is a California Residential Purchase Agreement (the RPA) signed by the parties in June 2021. On March 9, 2022, Defendants filed an unlawful detainer action against Milstein seeking possession of the Property. The attached lease, which ...

Excerpt: ...ility – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of action was filed as a violation of the Fair Employment and Housing Act (the FEHA). I. STATEMENT OF FACTS The District hired Lowry in 2001 for the position of Harbor Patrol Officer (HPO) I. He was subsequently promoted to HPO II and HPO III. In addition, Lowry served as the interim Harbor Chief from September 2011 to October 2015. On March 11, 2016...

Excerpt: ...that she was part of a security breach. (Id. ¶ 8.) After calling the number on the warning, Plaintiff was advised by a man named “Naz Adams” (“Adams”) of the extent of the purported breach and so began a series of phone calls with Adams (Id.) At some point, Adams informed Plaintiff that her bank account had also been compromised and introduced her to a man named Jack Wells (“Wells”) who claimed to work for Mechanics Bank. (Id. ¶ 9.)...

Excerpt: ... violation of the California Environmental Quality Act (CEQA), Public Resources Code sections 21 168 and 21 168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation, formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit cen...

Excerpt: ...y 23, 2022. In the FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. The FAC alleges that Acramonte is an 88‐year‐old man with multiple health problems including Alzheimer's and dementia. (FAC ¶¶...

Excerpt: ...ubject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “E...

Excerpt: ...s for necessary expenditures or losses, and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Jeffrey Krivis. (Declaration of Stan S. Mallison (“Mallison Decl.”) ¶ 16.) Now before the Court is the unopposed motion ...

Excerpt: ... and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Henry J. Bongiovi, Esq. (Declaration of Matthew K. Moen (“Moen Decl.”) ¶ 15.) Now before the Court is the unopposed motion for preliminary approval of the Class Action Settlement (CAS), wherein Plaintiff reque...

Excerpt: ...nant. On October 8, 2021, Plaintiff filed a second amended complaint (“SAC”). Currently before the Court is Knudson's demurrer to the SAC. This is the third demurrer to the interpleader cause of action. For the reasons set forth below, the demurrer is sustained without leave to amend. The SAC alleges that Plaintiff and Knudson were shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a f...

Excerpt: ...”) re sanctions, and finally, an OSC re dismissal. Plaintiff now moves pursuant to Code of Civil Procedure section 473(b) to set aside the dismissal on the grounds of mistake, inadvertence, surprise or excusable neglect the motion is supported by its counsel's affidavit of fault. Pursuant to Code of Civil Procedure section 473(b), the Court shall, whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...egan when the Grays, who were guests of the Hickeys, negligently placed combustible material in the property's broiler and turned on the oven to cook. (Complaint (“Compl.”), p. 4.) Allstate insured Pangelinan and paid out $81,425.14 to him. (Id., pp. 4‐5.) On February 1, 2021, the Grays filed a cross‐complaint against Allstate, the Baycliff Village Homeowners Association, Henry Pangelinan, Florence Pangelinan, and Travelers Casualty Insur...

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) 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 favor of the Jones Defendants and declined to award any relie...

Excerpt: ...f the Artilla Bonetti Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer parties to the lawsuit. Intervening Plaintiff, Daniel Eddleman (Intervenor), Sandra's estranged husband, joined the lawsuit on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, where...

Excerpt: ... 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants1 and declined to award any relief to Plaintiffs. On August 16, 2021, the Jones Defendants filed their memorandum of costs, seeking to recover $46,700.25 in costs. Now before the Court are two motions to tax the Jones Defendants' costs. The first is filed by Plaintiffs Sandra N. Eddleman and Madelyn Lue Eddleman; the second, by Intervening ...

Excerpt: ...tiff's motion for leave to file an amended complaint. Plaintiff seeks to file a first amended complaint (FAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment...

Excerpt: ...[now deceased], Adam Morales, and Ava Morales). The Trust provides that after the settlor's death, the trust estate is to be distributed in its entirety to Adam Morales (“Respondent”). (Pet., Ex. A [Trust, Art. V, ¶ (B)(1)].) The petition reports that the settlor lived with Respondent in Arizona for the last seven years of her life. (Pet., ¶ 24; see also Pet., Ex. A [Trust, Art. I].) On November 22, 2021, Ava Morales (“Petitioner”) file...

Excerpt: ...nce with Code of Civil Procedure sections 2023.010, 2023,030, 2030.300(d), and 2033.290(d), in the amount of $2,533. Plaintiff opposes the motion. Sierra Vista seeks further supplemental responses to its Special Interrogatories nos. 15‐17, and Requests for Admission (Set #2), nos. 1‐5. On March 31, 20221 , after this motion was filed, Plaintiff served further responses without objections to Special Interrogatories nos. 15‐17, and Requests f...

Excerpt: ... including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On October 8, 2021, the Court certified the following subclasses: ‐ A meal period subclass (the pre‐2017 Meal Period Subclas...

Excerpt: ...er”), 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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. The parties agreed that bifurc...

Excerpt: ...Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Ocean View Manor Apartments in Morro Bay, where Plaintiff is a resident. Plaintiff's first amended complaint (FAC) alleges causes of action for (1) fraud – intentional misrepresentation; and (2) fraud – concealment. Now before the Court are two motions filed by Plaintiff: (1) Consent motion to extend the discovery deadline to compel Defendants' responses to requests for pr...

Excerpt: ...t originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares, with tw...

Excerpt: ...Petitioner filed a petition for instructions related to the same subtrusts. Petitioner filed an amended petition for instructions in August 2020. In the interim, on July 3, 2018, Respondent filed a petition for approval of his second account. Respondent filed a second amended petition in October 2018.1 On May 13, 2021, the Court set the trial on all three petitions for November 30, 2021. (Min. Order, 5/13/21.) The Court confirmed that trial date ...

Excerpt: ...ous women in various rooms of the lodge.'” Plaintiff alleges this statement is false and Defendant knew the statement was false when she made it. Now before the Court are three motions to compel filed by Plaintiff: (1) Motion to compel Sprint to produce business records in response to a validly issued subpoena or, in the alternative, compel Defendant to provide an authorization to obtain the subpoenaed records; (2) Motion to compel Verizon to p...

Excerpt: ... trustee's sale, on September 14, 2021. The FAC alleges the sale to Aminilari is invalid because the statutory safeguards for non‐judicial foreclosure sales were not followed, and because Aminilari misrepresented her intention to use the property as her primary address. Plaintiffs seek to set aside the sale and quiet title to the Property. Prior to Plaintiffs' filing this wrongful foreclosure action, Aminilari had filed an eviction action again...

Excerpt: ...eneral Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was unopposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to ...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ... and motion to strike were filed, Defendants filed this motion for protective order, related to discovery served by Plaintiff. Defendants moved pursuant to Code of Civil Procedure §§ 2030.090, 2031.060 and 2017.020, on the grounds that the discovery causes Defendants unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Specifically, Defendants' motion seeks to stay discovery pending resolution of the demurrer and mo...

Excerpt: ...ntative, Kim Mathis (“Mathis”), retained George Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). On March 20, 2020, Sandra Natali's (“Natali”) counsel (Jonas Bailey) sent Ross a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “Trust Subpoena�...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ...February 10, 2021, the Hutkin Firm filed a motion to be relieved as counsel, which was granted on April 1, 2021. The order relieving the Hutkin Firm was entered on April 26, 2021, and notice of entry of the order was served on counsel for Plaintiff as well as two representatives of Raylyn Farms on May 4, 2021. Following the Court's ruling relieving the Hutkin Firm, Morgan J. Good (“Good”), counsel for Plaintiff, had multiple communications wi...

Excerpt: ...�82‐300, which phases 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...

Excerpt: ...er objection in response and also filed a creditor's claim.1 Second Petition for Probate: On December 8, 2020, Ike Iqbal, trustee of Decedent's trust (Trustee), filed a competing petition for appointment as the personal representative of Decedent's estate. The petition reports the probate estate has no assets (presumably, they are all held by Decedent's trust) and that the sole beneficiary of Decedent's trust is his sister, Maninder Kuar. In supp...

Excerpt: ...n 17200, et seq. (the UCL), and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, 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 against all Defendants. A jury trial is set to begin July 18, 2022. Now before the Court is Defendants' m...

Excerpt: ...August 3, 2020. Trial was continued to April 5, 2021, due to the coronavirus pandemic. Trial was then rescheduled to November 1, 2021, before being continued again at Plaintiff's counsel's request to the current trial date of April 18, 2022. Now before the Court is Defendants' motion for leave to perform a second defense medical examination. Defendants outline the following timeline of events: ‐ Plaintiff sat for her first deposition in July 20...

Excerpt: ...s: a probate action, a lawsuit based on DiLeonardo's creditor's claim against the Estate, and this partition action filed by Baker. The parties reached a settlement. DiLeonardo now contends that Baker has breached and backed out of the settlement agreement and seeks an order from the Court enforcing the settlement. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before ...

Excerpt: ..., 2022. Now before the Court is Defendants' motion to compel Plaintiff to proceed with oral examination at deposition and request for sanctions in the amount of $4,050. The Court has reviewed the moving, opposing, and reply papers and rules as follows: Per the parties' agreement and Defendants' deposition notice, Plaintiff appeared for her deposition on August 11, 2021, via Zoom. At the conclusion of the deposition, all parties agreed they could ...

Excerpt: ...emotional distress. Luke Lourenco (“Luke”)1 is the sole plaintiff alleging the first two causes of action against Defendant. The third cause of action is alleged against Defendant by Plaintiffs Lilly Lourenco, Holly Lourenco, and Joshua Lourenco. Luke is the son of Holly Lourenco and Joshua Lourenco, and brother of Lilly Lourenco (FAC, ¶ 1.) The FAC alleges that on or about December 30, 2019, Plaintiffs were camping in the City of Pismo Beac...

Excerpt: ... Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to Plaintiffs' respective properties near Lake N...

Excerpt: ...ition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (The “San Diego Action”; Exh. C to Albence Decl.) Per the Notice of Related case filed in this matter, the San Diego Action was filed on September 14, 2021, one week before this complaint in interpleader was filed. The cross‐complaint in this action and the amended complaint in the San Diego Action assert the same five causes of action, ...

Excerpt: ...round related to the motions currently on calendar. On August 5, 2021, Keith McKibben (“Petitioner”) electronically served written discovery on Karen Tallent (“Respondent”). The discovery included (1) requests for admission (set three); (2) special interrogatories (set two); (3) form interrogatories (set three); and (4) requests for production (set three). Respondent served responses by mail on September 7, 2021. The response to each disc...

Excerpt: ...(“RFAs”) on Donald. Because the discovery was served by mail, Donald had until July 26, 2021, to respond. (Code Civ. Proc., §§ 2033.250, 2016.050 [§ 1013 applies].)2 On August 10, 2021, Plaintiff filed this motion pursuant to section 2033.280, seeking to have the RFAs admitted. Donald opposes the motion, reporting that his prior counsel did not inform him of the discovery requests.3 He states that he did not find out about the outstanding ...

Excerpt: ..., and requests for production, on Carl Goedinghaus (“Plaintiff”). On May 28, 2021, Plaintiff served (by email) responses to the special interrogatories only. After an attempt to meet and confer, to which Plaintiff did not respond, Hazeltine now seeks to compel further responses to special interrogatory numbers 13, 19, 29, 31, 33, 37‐41, 45, 54‐61, 84, 88, 96, 98, 104, 107, 108, 112, 116, 120, 128, 132‐135, 144, 146, 149, 151, 153, 155, ...

Excerpt: ...s of the Labor Code, the ninth of which asserts a violation of the Business & Professions Code, and the tenth of which asserts a claim under the Private Attorneys General Act (PAGA1 ). Now before the Court are four motions to compel arbitration, one filed against each Plaintiff. This ruling addresses Justin's motion to compel arbitration as to Blanca2 Verduzco. Legal Authority. Under California law, “[a] written agreement to submit to arbitrati...

Excerpt: ...arm; (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 now demur, pursuant to Code of Civil Procedure section 430.10(e), to the complaint and to each cause of action on the grounds that they fail to state a claim. Defendants have further filed a motion to strike certain portions of the complaint. Def...

Excerpt: ...fornia. The amount in controversy is approximately $22,000. (Cmp., Prayer for Relief, ¶¶ 1, 2, 6‐9 [prayer for relief].) On October 30, 2019, Plaintiff propounded written discovery, including requests for admission, set one, (“RFAs”) on Marissa and Seaside. When no responses were provided, Plaintiff filed motions, on April 14, 2020, to deem the RFAs admitted and to compel written responses to the other outstanding discovery. No opposition...

Excerpt: ..., 2020, termination from employment. (AR 34, 38.) Petitioner requests that he be reinstated to his position with the Department with back pay and benefits from the date of his termination. The October 23, 2019, Incident. On October 23, 2019, Petitioner was present at a training class at the Department's Honor Farm. Prior to classroom instruction, Petitioner walked by a female employee named Brooke Jordan, whom he knew from her work as a psychiatr...

Excerpt: ...or Inspection of Real Property, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the s...

Excerpt: ...and as trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are two motions to compel filed by Petitioners: 1. Motion to compel Kim Kunz's further responses to Petitioners' special interrogatories (set one) ...

Excerpt: ... (CCP § 1094.5), and/or writ of traditional mandate (CCP § 1085) on May 11, 2021. The action 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 (the “State”), San Luis Obispo County Air Pollution Control District (the “APCD”), the APCD Board of Directors, the APCD Hearing Board, an...

Excerpt: ... scheduled to take place on May 2, 2019. Respondent's then counsel objected to the Deposition Subpoenas on Jennifer's behalf.1 No documents were produced in response to the Deposition Subpoena and Jennifer did not appear for her deposition. In October 2019, Petitioner followed up with a motion to compel and request for sanctions, which the Court granted in part on January 15, 2020. The Court directed Jennifer to appear for her deposition, but fou...

Excerpt: ...artments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professi...

Excerpt: ...e CCC's Executive Director John (Jack) Ainsworth (“Ainsworth”), and the California Department of Parks and Recreation (“State Parks”).1 Friends seeks a writ challenging the CCC's approval of an amendment (Coastal Development Permit (“CDP”) Amendment No. 3‐12‐050‐A1) to a coastal development permit (CDP No. 3‐ 12.050) expanding the dust control program at Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “S...

Excerpt: ... Now before the Court is Defendants' motion for terminating sanctions against Humberto Avelar based on his failure to participate in this lawsuit, including failing to appear for his deposition. Defendants request this Court issue terminating sanctions and dismiss Avelar's claims in their entirety, with prejudice. The Court has the authority to issue terminating sanctions in the form of a dismissal of the action for a party's misuse of the discov...

Excerpt: ...); Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On July 29, 2020, th...

Excerpt: ...oners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are three motions to compel filed by Petitioners: (1) Motion to compel Respondent Carolyn Dougherty's further responses to form interrogatories and for sanctions in the amount of $2,...

Excerpt: ...rty, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase, on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the second part of the first in...

Excerpt: ...w before the Court is Brown's motion to compel Plaintiff's further responses to requests for production of documents, set 4, nos. 48, 50, 62, and 63, and for sanctions in the amount of $2,707.50. The timing of the events associated with this motion are important. The Court lays out the following timeline: On February 5, 2021, Plaintiff served responses to the subject requests for production (RFPs). (Coffin decl., Ex B.) After meet and confer effo...

Excerpt: ...erro and Corentec to resolve a dispute pending before the American Arbitration Association (AAA).” (Cmp., ¶ 1.) Dr. Ferro alleges that he accepted a settlement offer, that Corentec contends the offer had been revoked, and that Corentec thereafter refused to comply with the agreement's terms. (Cmp., ¶ 2.) The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Fer...

Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...

Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...

Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...

Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...