Excerpt: ...at on or about December 4, 2018, at approximately 7:00 p.m., Plaintiff was walking towards the elevator at Sierra Vista, when she suddenly and without warning was caused to slip where a clear liquid having the appearance of water had accumulated. As Plaintiff slipped, she fell to the ground landing on both knees and both hands as she tried to break her fall. As a result of the fall, Plaintiff sustained serious bodily injury. (Comp., p. 4, ¶ GN�...

Excerpt: ... the alleged misuse of a business name. Defendants demur to each claim pursuant to Code Civil Procedure sections 430.10(e) and 430.10(f). Defendants have simultaneously filed a Motion to Strike that will be addressed herein. Defendants request judicial notice of multiple exhibits labeled 1‐12. Plaintiffs oppose both motions and the request for judicial notice. I. Background Gavin is the owner and president of Patriot Sportfishing, Inc. dba Morr...

Excerpt: ...tiffs' injuries because their father (also named, Andrew McTaggart)1 was killed by Maneely on Defendant's premises. Both McTaggart and Maneely rented storage units at Defendant's facility. Defendant now moves for summary judgment. Defendant's motion raises a single issue, i.e., whether it owed a duty to Plaintiffs' father.2 For the reasons set forth below, the motion is granted. I. STANDARD Summary judgment is proper when there are no triable iss...

Excerpt: ...ers filed a First Amended Petition on March 29, 2022, for (1) invalidation of trust amendment; (2) invalidation of will; (3) to suspend and remove successor trustees; (4) for constructive trust and equitable lien to recover trust property; (5) breach of trust, (6) undue influence, and (7) for an accounting. The Amended Petition seeks damages, special damages, and punitive damages.1 On March 30, 2022, Petitioners filed an Ex Parte Application for ...

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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...(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: ...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: ...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: ...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...