Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...

Excerpt: ...ts First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only re...

Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...

Excerpt: ...cKibben (“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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by...

Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...

Excerpt: ...s Pismo Beach Self‐ Storage, L.P. (PBSS); PBGP, LLC; and M.J. Ross Construction, Inc. (MJR), and alleges causes of action for (1) negligence, (2) removal of lateral support (against PBSS and PBGP, only); (3) negligence per se; (4) trespass; and (5) private continuing nuisance. This lawsuit concerns two adjacent parcels of property located at 100 Five Cities Drive (the PBSS Property) and 200 Five Cities Drive (the Jasool Property). (FAC, ¶¶ 3,...

Excerpt: ... served with the summons and complaint on April 10, 2019. He too did not file an answer, and his default was entered on May 21, 2019. On August 28, 2019, Defendants moved to set aside their respective entries of default. However, the proofs of service did not indicate that the motions were served on Plaintiff, the notice of motion was incorrect, and the motions did not indicate under what statute or on what grounds the parties were seeking to set...

Excerpt: ...use of action for violation of Business and Professions Code sections 17200, et seq. Plaintiff's FAC alleges that Mindbody engaged in unfair business practices because he and other similarly situated employees in California were not paid overtime at the correct rate, were not provided with duty‐free meal and rest periods, were not paid meal period premiums, and were not reimbursed for their business expenses, in violation of various provisions ...

Excerpt: ...n Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued 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 subtrusts. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case N...

Excerpt: ...uta's behalf in the United States District County Central District, which is located in Los Angeles County. That action was dismissed shortly thereafter at the request of Nauta's mother, in order to make some changes. A revised complaint was filed against Bank of America in the same court on February 16, 2018. It was later dismissed at Nauta's direction, on April 23, 2018. (Murphy Decl., ¶¶ 9‐12.) Murphy reports that she and Nauta have been e...

Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...

Excerpt: ...nd winding up of limited partnership. On August 26, 2019, this Court ordered the parties to attend mediation, to be completed by December 6, 2019. (Pick Decl., Ex. F.) Mediation was scheduled for November 6, 2019. (Pick Decl., ¶ 14.) However, Mr. Pemberton, by this time was no longer represented by counsel1 , and did not appear at the mediation. (Ibid.) On August 15, 2019, Defendants – still represented by counsel – filed a petition to compe...

Excerpt: ...suant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff's favor in the amount of $4,074,60, representing the unpaid credit card balance and court costs. (Stip., ¶ 1.) The Stipulation further provided that Plaintiff would not request judgment be entered so long as Defendant did not default with a payment plan. (Id. at ¶ 4.) Per the Stipulation, Defendant was required to make payments directly to Plaintiff's cou...

Excerpt: ...work. Defendants filed a Cross‐Complaint. On April 15, 2019, Plaintiff served form interrogatories (set one) on Brown and on Hefele. On May 7, 2019, Plaintiff served form interrogatories (set two) on Brown and on Hefele, inspection demands (set one) on Brown and on Hefele, and special interrogatories (set one) on Brown and on Hefele1 . Defendants each served their objections and responses to the discovery (including both sets of form interrogat...

Excerpt: ...ntial building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4‐6.) On April 26, 2019, Defendant filed an answer, denying Plaintiff's allegations. Now, before the Court is Plaintiff's motion to deem the truth of the matters specified in Plaintiff's requests for admission (RFAs) to Defendant admitted, and for sanctions in t...

Excerpt: ...r stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier ‐CA, LLC (the “Moving Parties”) now seek an order allowing the Petition for Approval of Minor's Compromise to be filed under seal. The Moving Parties argue the proposed petition requires disclosure of the “settlement amount” within a confidential settlement agreement, and that the partie...

Excerpt: ...endant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (Compl., p. 4) Plaintiff alleges that Defendant misrepresented the results of Plaintiff's polygraphs, and that Plaintiff has suffered damages and setbacks in his treatment program as a result. Plaintiff seeks compensatory damages in the amount of $2,500,000, punitive damages, costs, and requests that Defendant's license and certif...

Excerpt: ...e the Court is Defendant's motion for attorney's fees. The motion is unopposed. Section 527.6 of the Code of Civil Procedure1 which governs requests for, and issuances of, temporary restraining orders (TROs), was enacted “to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 729‐730, citing Stats.1978, ch...

Excerpt: ...pers for Defendants. Lua worked for Defendants from May 2005 to June 12, 2017, and Guzman from 2014 to May 2017. (Cmp., ¶¶ 13, 14, 22.) Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and seventh causes...

Excerpt: ...n default on rents due from December 2017 through March 2018. Plaintiff was awarded judgment in the net amount of $3,619, and as the prevailing party, was awarded attorney's fees in the amount of $11,831.25, and costs in the amount of $1,015. Defendant timely filed her notice of appeal. On June 25, 2019, the appellate court upheld the judgment of the trial court, finding in Plaintiff's favor. The clerk served the remittitur on July 29, 2019. Plai...

Excerpt: ...ium. Plaintiffs' complaint further alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now, before the Court is a motion for summary judgment brought by Dr. Ryan, Mr. Anderson, and Central Coast Che...

Excerpt: ...counting, Remove Trustee, Appoint Successor Trustee, and Compel Redress for Breach of Trust against Respondent Geraldine Lopez Macklin (“Macklin”), Trustee of the Antonette Waiton Family Trust, dated March 7, 2006.1 On December 3, 2018, Petitioners filed their Verified Amended Petition. On January 23, 2019, Macklin was personally served with Petitioners' Request for Production of Documents (Set One) and Petitioners' Requests for Admissions (S...

Excerpt: ...red dollars ($600.00) each month rent for my son BENJAMIN W. MORRIS III direct to his landlord for the life of BENJAMIN W. MORRIS. The trustee shall establish a reserve fund for the rent, and keep sufficient assets in the trust if necessary. This gift shall not be paid during any periods that my son may be incarcerated. Morris filed a Petition for Order Establishing Title to Trust Property on November 5, 2014, alleging that Foster had not complie...

Excerpt: ...e landlord. The Lease included an agreement between the parties regarding the construction of tenant improvements. On July 24, 2019, the Court granted Plaintiff's motion to file a fourth amended complaint (“FAC”) to add causes of action for disgorgement under Business and Professions Code section 7031, and for restitution/injunctive relief under Business and Professions Code section 17200, et seq. The Court adopted its tentative ruling which ...

Excerpt: ...yn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying a fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ 24.) Plaintiffs allege there was a misappropriation of Partnership opportu...

Excerpt: ... Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before this Court. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitration Program, requesting a non‐ binding arbitration (the A...

Excerpt: ... the Labor code, Fair Employment and Housing Act (“FEHA”), and Business and Professions Code. Plaintiff's SAC alleges that he worked as a security guard for Inter‐Con on properties owned and operated by defendant Cal‐Trans from approximately July 2012 through his termination on or about September 2015. (SAC, ¶ 13.) On or about November 6, 2013, Plaintiff emailed his immediate supervisor, Phillips regarding Bryan Duvall1 , who Plaintiff p...

Excerpt: ... degree burns on her torso and left arm and minor burns to her hands. On January 8, 2018, Mrs. Clarke and her husband, Robert Clarke (collectively, the “Clarkes”), filed this personal injury and fraud action against Unilever, United States, Inc. (“Unilever”) and Thrifty Payless, Inc. dba Rite Aid, Inc. On April 17, 2019, Unilever propounded Requests for Admissions (“RFAs”) on Mrs. Clarke. Mrs. Clarke responded on May 22, 2019. Unileve...

Excerpt: ...ts sufficient to constitute a cause of action and for uncertainty. (Code Civ. Proc., §§ 430.10(e), (f).) The complaint alleges that unidentified individuals hacked the email account of Plaintiffs' real estate agent, causing Plaintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA alleges that the causes of action against it f...

Excerpt: ... injunctive relief and constructive trust (the “Complaint”). Plaintiffs' first cause of action is alleged against all Defendants; the other four causes of action do not name specific defendants, but apparently are directed against all defendants. Roberta Chavez (“Chavez”) now demurs to the Complaint pursuant to Code of Civil Procedure section 430.10(e) on the grounds that none of the causes of action in the Complaint state facts sufficien...

Excerpt: ...which relates to a pet store operator's ability to sell live animals. Health and Safety Code section 122354.5 (Section 122354.5) codifies AB 485, and went into effect January 1, 2019. (4 Witkin, Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to a...

Excerpt: ...y”). Cambria was Plaintiff's broker, and Koontz, also a broker, worked for Cambria. (Singh Decl., Ex. 2.)1 Plaintiff states that she was looking for a piece of large property on which she could build a home for herself and her fiancé (now husband), a separate home for her parents, and other parcels that they could subdivide and sell to finance the purchase and building costs. (Singh Decl., ¶ 9.) Plaintiff states that neither she nor her husba...

Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...

Excerpt: ...II (the “Driver”) made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate, sending Plaintiff's vehicle into a roll. The SAC alleges that the Driver had been operating his vehicle, a 75,000 pound, ten‐wheel, two‐ axel, specialized truck, “erratically” from the Grand Avenue off‐ramp in San Luis Obispo to the scene of the accident near At...

Excerpt: ... compliance with all applicable state and federal requirements, and encourages administrative efficiency.” (Welf. & Inst. Code1 , § 14126.02.) In 2010, the Legislature amended the Act and enacted legislation that required Department of Health Care Services (DHCS), which administers the Medi‐Cal program, to create the Quality and Accountability Supplemental Payment (QASP) program, which provides supplemental payments to skilled nursing facili...

Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...

Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...

Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...

Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...

Excerpt: ...s the lessor, and the LP as the landlord. Plaintiff's third amended complaint (“TAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. The Court previously sustained a demurrer to the fourth cause of actio...

Excerpt: ...rds, accounting, and dissolution and winding up of limited partnership. On October 12, 2018, Defendants filed a stipulation between the parties to stay the action pending a written agreement to arbitrate the matter, and to continue the case management conference. The order was entered the same day. On December 19, 2018, Defendants' counsel filed motions to be relieved as counsel. The motions were heard and granted on January 16, 2019. At that hea...

Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...

Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Pr...

Excerpt: ...ses of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...

Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...

Excerpt: ...ief. Plaintiff's allegations stem from Defendant's demands that Plaintiff vacate certain residential property located at 1520 Hogan Court, Nipomo, California (the Property). The Property was owned by Defendant's late father, Wayne E. Hoyt (Decedent). In her complaint, Plaintiff alleges that she was Decedent's fiancée and resided with him at the Property since February 2018. (Compl., ¶¶ 6, 8.) Plaintiff alleges that before moving in with Decede...

Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...

Excerpt: ...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 subtrusts and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...

Excerpt: ...aintiff improperly advised them to waive their homestead exemption in their bankruptcy proceeding. When Defendants did not appear at the trial readiness conference, the case was dismissed with prejudice, and judgment was entered for Plaintiff on July 5, 2016. On August 29, 2017, Plaintiff filed the instant lawsuit, asserting one cause of action for malicious prosecution. Defendants filed a special motion to strike under Code of Civil Procedure se...

Excerpt: ...the broker, Premier Lending Services dba Coldwell Banker Premier Realty (“Premier”) and Premier's agent/broker, Nick Hall (“Hall”) (collectively the “Realtors”). Plaintiff seeks damages and rescission of the transaction because it provided to be more difficult and expensive to build on the Property than he anticipated. Motion for Leave of Court to File Cross‐Complaint On March 8, 2019, Gunther requested leave of court to file a cros...

Excerpt: ...n and winding up of a limited partnership. Defendants' default was entered on February 8, 2019. The Court held a prove‐up hearing on May 6, 2019,1 and entered judgment in Plaintiff's favor on May 9, 2019, in the amount of $593,080.43. Defendants now seek to stay enforcement of the judgment pursuant to Code of Civil Procedure section 918.2 Defendants seek the stay to allow time for the Court to hear post‐trial motions, including a Motion to Va...

Excerpt: ...eufeld and Michael Neufeld (collectively, “Defendants”) were named as Defendants in both complaints. Defendants clarify that the accident occurred on June 9, 2016, and that Beeson was a passenger in Haggarty's vehicle. The Court consolidated the matters on April 17, 2019. On February 1, 2019, Defendants served on Beeson (a) form interrogatories; (b) special interrogatories; (c) requests for production; and (d) a request for statement of damag...

Excerpt: ...on either of the Defendants. Likewise, while a summons is on file, there is no indication either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the Court. The proof of service attached to the CMC statement indicates that it was mailed to this Court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff ...

Excerpt: ... of facts which would be highly relevant ....” (Mtn., p. 2, ll. 5‐6.) The potential litigation concerns groundwater contamination in the vicinity of the San Luis Obispo County Airport. Both of the Deponents are retired. Petitioner states it has no information that either individual is ill or planning to relocate but given the uncertainty about when litigation may begin, those possibilities are of concern. Petitioner states the Deponents were ...

Excerpt: ...rnative, summary adjudication. Neale opposes the motion. As the moving party, Wells Fargo has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving e...

Excerpt: ...ed a lawsuit against Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Trial is set for July 22, 2019. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or a...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...e section 426.50. The proposed cross‐complaint alleges that the Cliffs' HVAC system failed as a result of Polar Bear's negligence. The proposed cross‐complaint would reclassify this matter as an unlimited civil action, and, in addition to naming Polar Bear as a cross‐defendant, name two additional cross‐ defendants, Johnson‐Controls, Inc. and Aqua Systems, Inc. In general, a party is required to file a cross‐complaint before or at the...

Excerpt: ...ranty of merchantability, and (6) violation of Business and Professions Code section 17200. Plaintiffs allege they purchased a Winnebago Vista (the Vehicle) manufactured and/or distributed by Defendant, and that the Vehicle contained or developed defect(s), including the recurrent and substantial leakage of flammable propane gases into the cabin. (Compl., ¶¶ 4, 6.) On August 8, 2018, Defendant served a request for production of documents, inclu...

Excerpt: ...‐certified urologist providing health care services to patients in San Luis Obispo County, including patients seen in the emergency rooms at French Hospital and Arroyo Grande Hospital. (Compl., ¶ 6.) Plaintiff alleges that Defendant is a medical group whose physicians also provide services throughout the County and at French and Arroyo Grande Hospitals. (Compl., ¶ 7.) Plaintiff alleges he was and is required to provide “on‐call urology se...

Excerpt: ...iled.2 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 facie showing, the burden shifts to Defendant to produce admissible evidence showing the existence of a triable issue of material fact or a defense thereto. (Id. at § 437c(p)...

Excerpt: ...e of an elder (Welf. & Inst. Code, § 15610.30); and (3) conversion. (Amended Compl., ¶ 8.) This lawsuit was tried before the Court on March 26 and 27, 2019. On April 17, 2019, the Court issued a Statement of Decision. As outlined in the Statement of Decision, Plaintiff resided in Defendant's mobile home in Los Osos from March 2015 through the end of December, 2017. At the time of the lease, Plaintiff was over the age of 65, and the mobile home ...

Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...

Excerpt: ...et store3 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group4 that is in a cooperative agreement with at least one private or public shelter5 .” (Id. at subd. (a).) 1 All further statutory references are to the Health and Safety Code unless otherwise specified. 2 A “pet store operator” is “a person who owns or oper...

Excerpt: ...it alleges that Defendants made illegal and unpermitted modifications to The SLO in violation of California law, creating hazards to the student tenants. The Parties resolved the lawsuit and filed a motion for preliminary approval of class action settlement, which motion the Court granted on November 28, 2018. Now, before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of all individuals who l...

Excerpt: ...torneys, Theresa's spouse and daughter (Reba Phillips) were also present at the deposition. The deposition was suspended by agreement of the parties to allow the Court to rule on Hugh's request to limit the individuals who may be present during his deposition to himself, his attorney, Theresa, her attorney, and the deposition officer. (Code Civ. Proc., § 2025.420(b)(12).) Hugh argues that Theresa's spouse and daughter, who are not parties to the...

Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...

Excerpt: ...although a summons is on file, there is no indication that either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the court. The proof of service attached to the CMC statement indicates that it was mailed to this court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff filed the following: ‐ “Mot...

Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...

Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...

Excerpt: ... filed with the Court's probate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”). According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A,...

Excerpt: ...nt of that note. A. Motion to Compel Compliance with Discovery On January 8, 2019, Plaintiffs propounded form interrogatories, special interrogatories, and requests for production (“RFPs”) on Day. Responses were due on February 22, 2019, after the parties had agreed on a two‐week extension. Day provided written responses at that time but failed to verify his responses. (Code Civ. Proc., §§ 2030.250(a) [interrogatories], 2031.250(a) [RFPs]...

Excerpt: ...t, while Ms. Smith alleges she only called Dignity after the accident occurred to report that she would be late for her shift. Ms. Smith stipulated to liability prior to trial. Dignity disputed liability. Trial commenced on January 7, 2019. On January 17, 2019, the jury returned a verdict, finding that Ms. Smith was not acting in the scope of her employment at the time of the accident. The jury awarded Plaintiffs $350,000 in damages, plus costs. ...

Excerpt: ...ch of the covenant of quiet enjoyment; (5) nuisance; (6) negligence; and (7) wrongful eviction. The Trust demurs to the entirety of the complaint and each cause of action on the ground that it fails to state a cause of action against the Trust. Specifically, the Trust argues that the complaint has improperly named the Trust, rather than the trustee, as a party. Plaintiffs do not dispute that they cannot sue the Trust and state they requested the ...

Excerpt: .... Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitra...

Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...

Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...

Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...

Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...

Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...

Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...

Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...

Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...

Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or additional wages in lieu thereof; (5) Failure to i...

Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...

Excerpt: ...drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royal...

Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked ...

Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On ...

Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...

Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...

Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...

Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...

Excerpt: ...lty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...

Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...