Excerpt: ...wned by Henry Pangelinan ("Pangelinan") and leased by the Hickeys (the "Condo".) Allegedly, the fire began when the Grays, who were social guests of the Hickeys, negligently used the oven in the Condo. The Condo is part of the BaycliffVillage Homeowner's Association, which is insured through Traveler's. Now before the Court is the Grays' motion for summary judgment. The Grays have raised the issue of whether a social guest should be treated as a ...

Excerpt: ...nswer on June 22, 2022. Wells Fargo now moves for summary judgment pursuant to Code of Civil Procedure section 473c. Wells Fargo moves on the ground that there is no triable issue of fact as to each of its six causes of action. Its motion is supported by its separate statement, a declaration from counsel, Defendant's responses to Wells Fargo's Requests for Admission, and the declaration of Plaintiff's Qualified Witness Margaret Schulze, Loan Work...

Excerpt: ...ownership of real property at 118 Clydell Court in Pismo Beach, California (the Property). Plaintiff alleges that he is the owner of an undivided 90% interest in the Property and Defendant is an owner of an undivided 10% interest in the Property. (Comp., "1 3, 4.) Plaintiff alleges that he and Defendant entered into a written agreement providing that he would convey Plaintiff a 10% undivided interest in the Property, and that the parties would li...

Excerpt: ...ustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees of $58,772 pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought ...

Excerpt: ...endants' motion to disqualify Plaintiff's supplemental expert witness Mark Apodaca. Under [Code of Civil Procedurel ] section 2034.210, subdivision (a), a party may demand a mutual and simultaneous exchange of each expert witness that any party 'expects to offer in evidence at trial.' And section 2034.260, subdivision (b)(l), requires an expert witness disclosure to list every expert 'that the party expects to offer' in evidence at trial... The s...

Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...

Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...

Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon 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, San Luis Obispo County Air Pollution Control Distri...

Excerpt: ...ction and response to the Petition. On August 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal. Petitioner opposes the motion. No reply is on file. Respondent filed her motion pursuant to Probate Code section 17202, which provides that the court may dismiss a petition if it appears that the proceeding is not reasonably necessary to protect the interests of the trustee or beneficiary, ...

Excerpt: ... judgment on those causes of action. No opposition has been filed. Wells Fargo, as the moving party, bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Wells Fargo makes a prima facie showing, then the burden shifts to Taber to show the existence of a triable issue of ma...

Excerpt: ...l wages due, including minimum, regular, and overtime wages as a result of Defendant's policy of improperly paying its non-exempt hourly employees; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; and (5) failure to pay wages upon ending employment of terminated or resigned employees. (Compl., ¶ 2.) Plaintiff alleges that she was employed by the Defendant from on or about ...

Excerpt: ... the FAC alleges that Plaintiffs were forced to do work for Defendant as mechanics and personal attendants and as such, are entitled to compensation as employees. Defendant now demurs to the entire FAC pursuant to Code of Civil Procedure sections 430.10, subds. (e) and (f) on the grounds that it fails to state a cause of action and is uncertain.1 Plaintiff opposes the demurrer. No reply is on file. Defendant's counsel submitted a declaration chec...

Excerpt: ... Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, D...

Excerpt: ...ed. Now before the Court is Plaintiff's motion to compel the County's further responses to requests for production of documents, set one (the RFPs), and request for sanctions in the amount of $1,560.00. As of the date of this ruling, the County has provided supplemental responses to the subject RFPs, Nos. 1 through 11 and 15. The supplemental responses do not comply with the Code of Civil Procedure. A party has three options in responding to requ...

Excerpt: ...) III. Although Lowry served as the interim Harbor Chief from September 2011 to October 2015, he voluntarily returned to the HPO III position. On March 11, 2016, when descending the rungs of an open ladder mounted to a pile of the pier, Lowry's legs became entangled with the ladder leaving him stuck and suspended upside down with his head and upper body submerged in the water. As a result of the accident, Lowry sustained physical injuries and was...

Excerpt: ...Edmunson was driving a truck tractor towing a trailer loaded with an excavator on Highway 101, when a tire blew out. As a result, Edmunson lost control of the truck tractor, veering off the paved highway and striking a guardrail on an overpass. The collision dislodged the excavator, which fell over the side of the highway, landing atop Decedent's vehicle, and crushing it. (Cmp., ¶¶ 4, 15‐17.) Myers is the “for‐hire carrier and owner of th...

Excerpt: ... At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. In addition, Specialty had previously instituted its own action (20CV‐0167) again...

Excerpt: ...nal Counselor, had a plan, whereby Defendant was supposed to make deals on Plaintiff's behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. Now before the court is Defendant's demurrer to the complaint. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., §§ 422.10, 589; Donabedia...

Excerpt: ...od faith and fair dealing (against TJC); (3) enforcement of stop payment notice (against TJC and the County); (4) recovery on payment bond (against Travelers and TJC); and (5) violation of prompt pay statutes for unpaid progress payments (against Travelers and TJC). In the FAC, Plaintiff alleges that it provided labor, service, equipment, or material, or a combination thereof, for a public works contract authorized by the contractor, TJC. (FAC, �...

Excerpt: ... San Luis Obispo. Now before the Court is Defendants' motion for orders to stay deposition, quash deposition notice, and for a protective order preventing the deposition of Plaintiff's expert witness, Mary Jane Alumbaugh, Ph.D. Dr. Alumbaugh is an expert retained by Plaintiff on the issue of Plaintiff's emotional distress damages. Legal Authority. Code of Civil Procedure1 section 2025.010 provides a party's options to object to a deposition notic...

Excerpt: ...tlement conference (MSC) with Attorney/Mediator Andrew Weiss. The parties reached a settlement, which they memorialized on the record. That settlement has now fallen through. Specifically, Plaintiff Dennis Harms, now representing himself in pro per, has refused to participate in the drafting of the settlement documents with his former counsel, Matthew Nash. (According to the Court's records, Mr. Nash is still the attorney of record for Plaintiffs...

Excerpt: ... paralyzed from the waist down when he misjudged the size of a sand dune, drove over the top and crashed at the bottom. Plaintiff signed a waiver when he rented the ATV that expressly released Sun Buggie from any injuries he might sustain riding the ATV at the Park. Plaintiff's First Amended Complaint, filed on July 7, 2021 (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct; and 2) neg...

Excerpt: ...d assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, Davis and Edwards3 are the form...

Excerpt: ...porter. Defendant was terminated on November 5, 2019. Plaintiff alleges one cause of action under the Private Attorneys General Act, Labor Code sections 2698, et. seq. (PAGA) for wage and hour violations. Now before the Court is Plaintiff's motion for approval of PAGA settlement. Plaintiff requests that the Court issue an order: 1) granting approval of the proposed settlement under the Private Attorneys General Act, Labor Code sections 2698, et s...

Excerpt: ...int pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiff cannot assert a common law negligence claim against a public entity, and that Plaintiff's dangerous condition claim is subject to the police protective immunity pursuant to Government Code section 845. The Court sustained the demurrer with leave to amend only as to the second cause of action for dangerous condition of public property. On April 1, 2022, Plainti...

Excerpt: ...nding balance of $7,512.10. Plaintiff seeks to recover this amount. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima ...

Excerpt: ...tories, special interrogatories, and requests for production (RFPs). After obtaining an extension, Plaintiff's responses were due on June 22, 2020. On June 1, 2020, Plaintiff's former counsel filed a Notice of Motion to be Relieved as Counsel, which the Court granted in September 2020. Defendant subsequently served the discovery on Plaintiff directly on September 10, 2020. On October 26, 2020, Defendant's counsel sent a letter to Plaintiff inform...

Excerpt: ...October 13, 2022, Petitioners began the process of clearing dates to take the deposition of Respondent. (Declaration of Alex N. Newsum (Newsum Dec.), ¶|3; Ex. A.) On October 14, 2022, Petitioners served a Notice of Taking Deposition of Respondent, Margaret Flinn, with production of documents, setting the deposition for October 26, 2022 at 10:00 a.m. (Id., ¶ 5; Ex. C.) Petitioners' counsel also served a letter that indicated the Deposition Notic...

Excerpt: ...his treatment program. On May 31, 2022, Plaintiff served a Civil Subpoena Duces Tecum (the Subpoena) on Defendant. The Subpoena sought “all audio/video recordings of the interactions between John E. Odum and Larry Curlee that took place on April 17, 2019, and May 15, 2019.” The documents were to be produced on July 18, 2022. The parties have a history of discovery disputes regarding Plaintiff's attempts to obtain any audio/video recordings of...

Excerpt: ...‐ complaint against Plaintiffs. The dispute concerns the use and maintenance of an easement which crosses Defendant's property for the benefit of Moonstone's and Mr. Rust's parcels.1 Plaintiffs now seek leave to file a first amended complaint to add causes of action for nuisance and negligence. Plaintiffs state they realized their entitlement to assert such claims after attending mediation in February 2022. (Carrasco Decl., ¶ 5.) Replogle oppo...

Excerpt: ...Inc., Hanson Aggregates, LLC, and Hanson Aggregates Mid‐Pacific, LLC (formerly known as Hanson Aggregates Mid‐Pacific, Inc.) (HAMP) (collectively, Defendants), and sought preliminary approval of the class action settlement.1 Plaintiff's motion for preliminary approval was granted on June 1, 2022. Now before the Court is Plaintiff's unopposed motion for final approval of the class action settlement. Plaintiff moves the Court for an order appro...

Excerpt: ...ive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. This lawsuit concerns the parties' ongoing disputes regarding the commercial development known as the SLO Public Market at Bonetti Ranch (the Project). On November 4, 2020, this Court granted Defendants' motion to compel arbitration, staying the lawsuit as to all claims with the exception of claims for the appointm...

Excerpt: ...reatment program. On March 10, 2022, Defendant propounded a Deposition Subpoena for Production of Business Records (the Subpoena) on CSH. The Subpoena seeks, “[a]ll documents and communications relating or referring to Larry Curlee and his participation in the Sex Offender Treatment Program at [CSH].” (Voss Decl., Ex. A.) Defendant objected to the Subpoena by completing an “Objection by Non‐Party to Production of Records.” (Curlee Decl....

Excerpt: ... open book account and account stated in the amount of $11,909.78. WP Group failed to file an answer, and default was entered as to it on May 24, 2022. FNB now moves for summary judgment against Westbay1 on both Westbay's complaint, and FNB's cross‐complaint. The Court grants FNB's unopposed request for judicial notice pursuant to Evidence Code section 452, subdivisions (d) [Exhibits D‐H] and (c) [Exhibit I].) Westbay opposes the motion. I. S...

Excerpt: ...and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiffs' Motion for Preliminary Injunction.1 At a hearing...

Excerpt: ...ide rest periods and premium 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). The parties mediated the dispute over a full day with experienced professional mediator Scott Radovich. (Declaration of Ruben Escobedo. ¶ 4.) Plaintiff and Defendant settled, and Plaintiff...

Excerpt: ...he sole trustee. On November 22, 2016, Decedent's 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. Phase I of the trial has been completed, and Phase II of the trial is set to begin on January 9, 2023. Currently before the Court are Petitioner's motions to compel further responses to ...

Excerpt: ...ior to filing the demurrer. (See Declaration of Donald L. Mabry.) Plaintiff opposes the demurrer. I. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., § 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) The court must draw all reasonable infere...

Excerpt: ...Obispo and the State of California. (Comp., ¶ 4.) Plaintiff alleges that she worked for Defendants as a non‐exempt Sales Advisor from approximately 2008 to June 2018. Plaintiff's job duties consisted of passing out food samples at demonstration tables inside Costco retail locations. (Comp., ¶ 9.) Defendants now move to compel arbitration of Plaintiff's claims pursuant to the Federal Arbitration Act and Code of Civil Procedure sections 1281.2 ...

Excerpt: ...eneral contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On March 13, 2020, Specialty filed a complaint in a separate lawsuit (20CV‐0167...

Excerpt: ...nch Limited Partnership (the 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 the Jones Defendants' favor and declined to award any relief to Plaintiffs. On May 6, 2022, this Court ...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ...hysical harm; 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 demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...

Excerpt: ...hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. Garden Street responded by filing its own cross complaint on O...

Excerpt: ...C) alleging causes of action for negligence and breach of contract. Plaintiffs' lawsuit centers around their purchase of a mobile home located at 3960 South Higuera Street, Unit 178 in San Luis Obispo (the Property). (FAC, ¶ 12.) Plaintiffs allege they purchased this home from Newitt for approximately $213,741.54 on April 29, 2019. (Ibid.) Plaintiffs allege Newitt was represented by Engle of Defendant BHG. (FAC, ¶ 13.) Plaintiffs allege BHG hel...

Excerpt: ... Paul A Flinn Revocable Living Trust, dated May 2, 2012 (“Trust”). Petitioners and Respondents are the children of Paul A. Flinn (“Paul”) and are the successor co‐ trustees of the Trust. However, Respondent's powers as co‐trustee were suspended by this Court on July 19, 2021. Respondent now asks the Court to dismiss the Petition based on forum non conveniens. (Code Civ. Proc., § 418.10(a)(2).) As the moving party, Respondent bears th...

Excerpt: ...is Respondent's motion to dismiss the amended petition. Respondent raises three grounds for dismissal: (1) statute of limitations (Code Civ. Proc., § 366.3); (2) failure to join an indispensable party (Code Civ. Proc., § 389); and (3) failure to prosecute (Code Civ. Proc., § 583.410). Petitioners oppose the motion. Respondent reports that service of Petitioners' opposition was untimely and requests a continuance to address the merits of the op...