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

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

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

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

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

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants and declined to award any relie...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...n 17200, et seq. (the UCL), and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin July 18, 2022. Now before the Court is Defendants' m...

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

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

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

Excerpt: ...�82‐300, which phases out and eliminates off‐ highway vehicle (“OHV”) use at the Oceano Dunes State Vehicle Recreation Area (“ODSVRA”) managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. (“Friends”), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, “EcoLogic”). All four of the petitions seek...

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

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

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

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

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

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

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

Excerpt: ...arm; (5) elder abuse‐ financial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Defendants now demur, pursuant to Code of Civil Procedure section 430.10(e), to the complaint and to each cause of action on the grounds that they fail to state a claim. Defendants have further filed a motion to strike certain portions of the complaint. Def...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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