Excerpt: ...est for appointment of a receiver in the sixth cause of action. Provisional remedies, such as a request for appointment of a receiver or injunctive relief, were excluded from the parties' arbitration agreement. The litigation was otherwise stayed in this Court. The Court later denied Plaintiff's request for appointment of a receiver. (Ruling, 03/30/22.) Currently before the Court is Judkins' motion to dismiss for delay of prosecution under Code o...

Excerpt: ...3 Higuera Street (the Property). (Comp. , "1 3, 4.) The John Action alleges causes of action for breach of contract, negligence, intentional misrepresentation, concealment, fraud, duress and deceit, negligent misrepresentation, rescission, restitution, and money had and received arising out of the remodel. Plaintiff now moves to consolidate for purposes of trial only the John Acton with Douglas Littlejohn v. City of San Luis Obispo, et. al., 22CV...

Excerpt: ...ter demurrers, there are three causes of achon at issue in Plaintiff's Third Amended Complaint (TAC): Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Defendant seeks summary judgment or summary adjudication as to these causes of action. A. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. ...

Excerpt: ...the demurrer with leave to amend and granted the motion to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) violation of state and federal civil rights; 2) trespass; 3) oppression, fraud and malice; 4) Bane Act violation; and 5) vicarious liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises owned by Plain...

Excerpt: ...her defendants in this action have been dismissed or had judgment entered in their favor after successful motons for summary judgment. Davis is named as a defendant in first (intentional interference with expected inheritance), second (fraud), third (constructive fraud), tenth (breach of fiduciary duty), eleventh (breach of fiduciary duty), twelfth (breach of fiduciary duty), thirteenth (breach of fiduciary duty), twenty-second (intentional infli...

Excerpt: ...ver the term of the Lease Agreement ("Contract") of $28,214.52. The complaint alleges violations of the Song-Beverly Consumer Warranty Act (the "Act"), and (Civ. Code S 1790 et seq.). Shortly after entering into the lease agreement, Plaintiffs presented the Vehicle to Defendant for repairs, specifically for defects related to: (a) hesitation during acceleration on two (2) separate occasions; (b) abnormal loud thud and rattling noises while drivin...

Excerpt: ...essary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant filed a demurrer to the FAC on the grounds that Plaintiffs claims are barred because the achon was not brought within six months of the rejection of his government claim, and that Plaintiff has failed to "state a cognizable claim for relief as to any theory of liability." (Demurrer, p.l.) No opposition is on file. Demurrers can be us...

Excerpt: ...red and/or distributed by Defendant Diamond C Trailers ("Diamond C") and/or The Trailer Specialist, Inc. ("Trailer specialist") (SAC, '123-24.) The truck, trailers and ATVs were owned by Defendants Orchard City RV, LLC ("Orchard") and Matthew Gordon ("Gordon"). (SAC, 3.) At the time of the incident, Jutila was acting as an agent for Defendants Orchard and Gordon. (SAC, 6.) Jut-ila was driving to deliverthe equipment to the California Department o...

Excerpt: ...ntial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) A. CenCal Health's Motion to Seal Sections of Exhibit 54 CenCal Health reports that exhibit 54 contains highly confidential information relating to CenCal's provider payment methodologies...

Excerpt: ... SLO, L.P. (Garden Street),l hired Specialty Construction, Inc. (Specialty) to serve as its general contractor, and Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanic's liens. On October 4, 2019, one of the subcontractors, Sahara Constructon Co., Inc., filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross-com...

Excerpt: ...cedent was enrolled as a Medi-Cal recipient. Capitation payments are part of a "risk-sharing arrangement" between Medi-Cal and a managed care organization (MCO), under which Medi-Cal pays a monthly fixed amount for each enrolled person to cover contracted services (capitated basis), and the MCO "assumes the full risk for the cost of [those] contracted services without regard to the type, value or frequency of services provided." (Centinela Freema...

Excerpt: ...vin Newsoml ; Jay M. Coggan, individually and in his official capacity as commanding general of the California State Guard2 Peter 8. Cross, individually and in his official capacity as commander of California Military Department Youth & Community Programs Task Force; and Francisco Flores, individually and in his official capacity as commander of Grizzly Youth Academy (GYA). On October 12, 2022, this Court issued a ruling on a demurrer to the comp...

Excerpt: ...nd negligence. Now before the Court is Replogle's motion to strike Plaintiffs' request for punitive damages. A. Background Facts Cambria is a Limited Partnership and the owner of real property located at 1509 24th Street in Oceano, California ("Cambria Property"). Rust is the owner of real property located at 1517 24th Street in Oceano, California ("Rust Pro#rty"). Willard lives in the Cambria Property as a tenant of Cambria. Replogle is the owne...

Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...

Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although it is not a party to t...

Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, 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 aga-nst all Defendants. Shortly before the jury trial in t...

Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained 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 in the amount 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 act...

Excerpt: ...ntinued 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 sub-trusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Diane Davies (Davies) as the court-appointed successor tru...

Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...

Excerpt: ...roduce; 3. Precluding counsel for Garden Street SLO Partners, L.P. (Garden Street), Roy Ogden, from coaching Mr. Smith during his deposition; and 4. For sanctions of $2,800 against Mr. Smith, Mr. Ogden, and Garden Street.l Garden Street opposes the motion, and requests sanctions of $2,040 for its opposition. The motion is granted in part and denied in part as set forth below; and the parties' respective requests for sanctions are denied. A. Motio...

Excerpt: ...ued the following day.l On August 22, 2022, Brian Harms (Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $300,000. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Proposed Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (Lis Pendens) on Sep...

Excerpt: ... supervisor, Flores, while employed with CMD at the Grizzly Youth Academy (GYA) in San Luis Obispo. Now before the Court is Plaintiff's motion to compel the production of records from the California Highway Patrol (CHP) pursuant to Evidence Codel section 1043, known as a Pitchess2 motion. Legal Authority. Personnel records of peace officers as well as records of citizens' complaints against personnel maintained under Penal Code section 832.5 are ...

Excerpt: ... demurrer, which the Court sustained 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 in the amount 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 o...

Excerpt: ...irst Amended Complaint (FAC) was filed on March 7, 2023. Colorado Structures now moves pursuant to Code of Civil Procedure sections 435, subd. (b) and 436, to strike the alter ego allegation in paragraph 10 of the FACI , on the grounds that it lacks the specific particularity required for pleading.2 Plaintiffs oppose the motion and contend that the allegations are sufficient to put the defendants on notice of the claim. Code of Civil Procedure se...

Excerpt: ...between Plaintiff and ABC. A default against Szulborski was entered on January 25, 2021, and a default judgment was entered against him for the full amount allegedly owed on the contract, plus interest and attorney fees, on April 29, 2021. Szulborski filed the subject motion to set aside default on the grounds that he was never served with a summons, and the judgment was obtained by fraud in that Plaintiff failed to advise the Court that Van De S...