Excerpt: ...erse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred 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 Defendant...

Excerpt: ...rust proceeding. In July, 2019, a few days prior to the hearing on Hoyt's motion, Corral dismissed the civil action. Hoyt initiated this civil action on July 12, 2019, wherein she alleges a single cause of action for financial elder abuse against Corral. Currently on calendar is Corral's demurrer which argues that this civil action and the trust proceeding address the “same cause of action.” On those grounds, she seeks dismissal of this civil...

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: ...ns real property located at 783 Asilo Street in Arroyo Grande (the Subject Property). Plaintiff alleges that in 2003, Defendants “agreed to gift the Subject Property to Plaintiff if Plaintiff agreed to relocate her family from southern California to Arroyo Grande, CA, so that Plaintiff and her grandchild would be near defendants.” (Compl., ¶ 4.) Plaintiff alleges that she agreed to this proposal, and sold her home in Southern California, qui...

Excerpt: ...nt claims that Plaintiff is not entitled to ownership or possession of the Subject Property. (Ans., ¶¶ 3.k.) Defendant asserts he is the rightful owner of the Subject Property, and that the foreclosure sale at which “Plaintiff purported to purchase and acquire title was conducted by a foreclosure trustee and a foreclosing beneficiary who had no power under or interest in the deed of trust being foreclosed.” (Ans., Attachment 3k.) Defendant ...

Excerpt: ...s, Conditions and Restrictions and Grants and Reservations for Easements and Rights for [the Development]” (the “CC&Rs”), which was recorded on December 19, 1984. In addition, Petitioner is regulated by its Articles of Incorporation filed with the Secretary of State and its Amended and Restated Bylaws (the “Bylaws”). On November 6, 2018, Petitioner filed a verified Petition to Reduce the Required Voting Percentages to Amend the CC&Rs, p...

Excerpt: ...iff served Special Interrogatories, Set One (“Interrogatories”) and Request for Production of Documents, Set One (“RFPs”) (collectively “Discovery”) on Defendant. On August 27, 2018, Plaintiff granted Defendant a two‐week extension to respond to the Discovery, making Defendant's deadline to respond September 19, 2018. (Opposition, Exh. B.) Defendant timely served responses, containing only objections, to both the Interrogatories and...

Excerpt: ...r negligence and premises liability, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs are represented by Attorney Don Ernst. Hannah is represented by Attorney Jennifer Capabianco. Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe persona...

Excerpt: ...e Civ. Proc., § 474.) Plaintiff's complaint asserts one cause of action for premises liability. Plaintiff alleges that all Defendants owned or controlled the premises located at 1248 E. Grand Avenue in Arroyo Grande (the Subject Property). Plaintiff further alleges that on December 14, 2015, she tripped and fell on an entrance step at the Subject Property, suffering injuries. Now, before the Court is Ms. Innes' motion for summary judgment. (Code...

Excerpt: ...ed as co‐trustees.1 In November 2005, Floyd and Joan purchased real property on Alameda Drive in Paso Robles, which served as their primary residence (the “Alameda Property”). Floyd and Joan took title as “husband and wife as joint tenants.” Floyd passed away on May 29, 2008, after which Joan became sole trustee of the Trust. In July 2008, Joan recorded (1) an Affidavit – Death of Joint Tenant removing Floyd from title on the Alameda ...

Excerpt: ...ll named beneficiaries of the Estate of Howard W. Lester, deceased. On December 27, 2017, Plaintiff filed his First Amended Complaint (“FAC”). Plaintiff alleges that he is the son of Howard W. Lester (“Howard”). (FAC, ¶ 9.) Howard divorced Plaintiff's mother in 1967, and in 1971 married Jonnie Braaten (“Jonnie”), who had two children at the time of the marriage, the Defendants. (FAC, ¶¶ 8‐10.) On May 20, 1992, Howard and Jonnie e...

Excerpt: ...lleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Plaintiffs2 allege causes of action3 for (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 issue accurate wage statements; (6) failure to timely pay wages due at t...

Excerpt: ... Defendant Meghan Hughes (“Defendant”), arising out of an automobile accident. Motion for Costs and Expenses to Enforce Requests for Admissions Pursuant to Code of Civil Procedure section 2033.430, Plaintiff now moves for the recovery of expenses, including attorney's fees and costs incurred, in proving at trial the truth of certain matters that were denied by Defendant in response to requests for admissions. Plaintiff's motion seeks $182,573...

Excerpt: ...ing to the home station. Stark seeks to stay his payments obligation pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for serv...

Excerpt: ...n an attorney affidavit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because he inadvertently miscalendared the hearing date for April 19, 2017 (not 2018). Rel...

Excerpt: ... of oral contract between Plaintiff and Agenbroad; (3) breach of the implied covenant of good faith and fair dealing; and, (4) intentional infliction of mental and emotional distress. Plaintiff's FAC alleges that Plaintiff and Agenbroad were in a romantic relationship and, in early 2016 they decided to attend university and move in together. In January 2016, Plaintiff and Agenbroad entered into a written lease agreement with California West, Inc....

Excerpt: ...perty”). (Compl., ¶ 7.) The Premier Defendants1 allegedly acted as dual agents for Mr. Gunther, the seller of the Subject Property, and Plaintiff, the buyer. (Compl., ¶ 8.) Plaintiff alleges that on or about April 25, 2017, “defendants, falsely and fraudulently represented to Plaintiff that the property was in a condition to be developed and built upon, and that Plaintiff could build a house on the property as was his purpose...” (Compl.,...

Excerpt: ...urther requests that Defendants provide additional support for the amount of the requested undertaking. Parties should come prepared to discuss dates for the continued hearing. ...

Excerpt: ...es utilized a corporation, previously formed by Dennis, called Sanctuary 805, Inc. (“Sanctuary” or the “Corporation”). Sanctuary acquired all of the assets of Shell Café and, in exchange, the Brunettis received 75% of the Corporation's shares of stock and the Balsamos received 25% of the stock shares. The parties agreed to a three‐person Board of Directors (“Board”), but only selected two initial Board members, Charles and Dennis. ...

Excerpt: ...endant Tamara A. McGinty (“RFAs”). As of the date of filing the Motion, Plaintiff had not received any responses from McGinty. Plaintiff moves here to have the RFAs deemed admitted. On July 3, 2018, Plaintiff filed an Amended Notice of Non‐Opposition to Motion to Deem Request for Admissions Admitted and for Monetary Sanctions. In the Amended Notice, Plaintiff stated that subsequent to filing the Motion, McGinty served responses to the RFAs,...

Excerpt: ...ility, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe personal injuries. Plaintiffs contend that the placement of an electrical conduit near the rung ladder created a slipping hazard, leading to M...

Excerpt: ...ion 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Relief from the judgment of dismissal is mandatory when there is an attorney affidavit of fault and the motion is brought within six months of the dismissal. (Code Civ. Proc., § 473(b).) Here, the motion w...

Excerpt: ... 2016. Petitioner alleges he was covered by bodily injury liability insurance policies containing uninsured/underinsured motorist coverage that were applicable on February 4, 2015 (policy number BA 8646989), and January 26, 2016 (policy number BAA (16) 56 47 56 16). (See Exhs. 1, 2, to Declaration of Don A. Ernst (“Ernst Decl.”.) On June 28, 2017, Petitioner sent a letter demanding arbitration under the uninsured and underinsured motorist pro...

Excerpt: ...vit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because due to his mistake, inadvertence and surprise he was not aware of the hearing. Relief from the judgmen...

Excerpt: ...tes that Defendant failed to properly serve counsel for Plaintiffs with his Motion to Quash. Defendant's proof of service indicates that the motion was mailed to counsel for Plaintiffs at “928 W Grand AVE, Grover Beach, CA 93433,” on June 25, 2018. Per the address on the caption of the complaint, counsel's zip code is 93483. Thus, Plaintiffs were not properly served. Second, in his declaration in support of his Motion to Quash, Defendant decl...

Excerpt: ...y injury liability insurance policy with uninsured/underinsured motorist coverage. In her Petition, Petitioner alleges she was in an automobile accident on August 29, 2015 with an underinsured motorist. Petitioner thereafter filed a claim for underinsured motorist benefits pursuant to her policy with Respondent. Petitioner alleges that the Parties have been unable to agree upon a neutral arbitrator. (Petition, p. 2, ll. 23‐24.) Petitioner reque...

Excerpt: ...2017. Romero consequently seeks to stay his mortgage payments, pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for service of...

Excerpt: ... attempted to take Mayer's locked ammunition box from Mayer's possession. Mayer further alleges that the employee attempted to wrest the box from his control, causing Mayer to fall to the ground, and to sustain physical and mental injuries. Defendant moves here for summary judgment on the complaint, or in the alternative, summary adjudication. Mayer opposes the motion. As the moving party, Defendant has the initial burden to make a prima facie sh...

Excerpt: ...f filed suit against Compass Holding, Inc. and Compass Health, Inc., asserting two causes of action for Elder Abuse and Negligent Hiring and Supervision. French is not named as a defendant. Evidence Code section 1158 states: Before the filing of any action or the appearance of a defendant in an action, if an attorney at law or his or her representative presents a written authorization therefor signed by an adult patient, by the guardian or conser...

Excerpt: ...int (“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) fraud‐concealment, (8) unjust enrichment, and (9) accounting. On April 4, 2018, this Court sustained Defendants' demurrer to Plaintiff's second, third, and fifth causes of action with leave to amend, and ov...

Excerpt: ...nding Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is division between Marital and Family shares. The Family Share trust became irrevocable on Jerry McKibben's death. The Trust held six parcels of real property1 as well as a business known as Loyola Automotive, which Petiti...

Excerpt: ...r in the alternative summary adjudication against Defendant, pursuant to Code of Civil Procedure section 437c. The motion and supporting papers, including a Memorandum of Costs, were served by mail on Defendant on January 31, 2018. Defendant does not oppose the motion. Plaintiff 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. ...

Excerpt: ...destrian bridge is present on the Property. (Compl., ¶ 6.) Plaintiff believes that Defendant “has illegally squatted on the Property on various occasions over the past several years.” (Compl., ¶ 7.) Plaintiff avers it has contacted its private security and law enforcement multiple times over the years to remove Defendant from the Property. (Compl., ¶¶ 10, 11.) In November 2017, Plaintiff learned that Defendant alleged an ownership interes...

Excerpt: ...merican Title Insurance Company and First American Trustee Servicing Solutions, LLC (collectively “First American”). 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. The day after the sale, First American declared the sale invalid and returned Plaintiff's payment. First American demurs here to the com...

Excerpt: ...ory penalties of $3,600 per Civil Code section 1950.5, et seq. “for retention of deposit in bad faith1 ,” and “damages...for financial abuse of an elder.” (Compl., ¶ 10.) Plaintiff indicates that her damages are greater than $10,000 but less than $25,000, classifying the action as limited civil. Plaintiff alleges that she is, and has been at all relevant times, over 65 years old; that she entered into a contract (“the Lease Agreement�...

Excerpt: ... 4.) The contract contains a “Dispute Resolution” provision, providing: The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be su...

Excerpt: ... years. Petitioner claimed an equitable and/or legal ownership interest in real property held by Decedent based on express and implied agreements, as well as the co‐mingling of her assets with Decedent's, which assets were then used to acquire the properties. Petitioner requested a constructive trust to ensure the security of her remedies for her claims of breach of express and implied agreements, breach of partnership agreement, quantum meruit...

Excerpt: ...ng to the home station. Stark seeks to stay his payment obligations pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for servi...

Excerpt: ...tinent facts are taken from the Administrative Record1 (“AR”) and Petitioner's moving papers. Petitioner is currently incarcerated at California Men's Colony (“CMC”) in San Luis Obispo. (Petition, p. 2, ll. 1‐2.) On March 22, 2018, CDCR submitted an Involuntary Medication Notice (“the Notice”), alleging that Petitioner was a danger to others. (AR, Notice, pp. 1‐2.) CDCR further alleged that Petitioner had been diagnosed with schiz...

Excerpt: ...nd injunctive relief; (3) judicial determination of buyout price by disassociating partner; (4) breach of contract and breach of fiduciary duty; and (5) declaratory relief. The named defendants are Amy Elizabeth Henry and John Frederick Henry (“the Henrys”); and Julia Ann Johnston and Clyde Gene Johnston1 (“the Johnstons”), named in their individual capacities and in their capacities as trustees of the Julia Ann Johnston Revocable Living ...

Excerpt: ...he truth about his ex‐wife.” (Request, ¶ 3.b.) Petitioner claimed Respondent was “determined” that Petitioner was dating Respondent's ex‐wife, and Petitioner feared Respondent “may cause harm or harassment to my family if I do not respond to what he wants.” (Ibid.) Petitioner also claimed that Respondent stated he would “come see [Petitioner] personally at home or at my workplace” if Petitioner refused to talk to him. (Id. at �...

Excerpt: ...orney, by which Stanard became self‐represented. On December 18, 2017, Cross‐Complainants served Special Interrogatories, Form Interrogatories, and Requests for Production of Documents (collectively “Discovery”) on Stanard at the address shown on the substitution of attorney he filed with the Court. After responses to the Discovery were due, and in response to a letter from counsel for CrossComplainants inquiring about responses, Stanard ...

Excerpt: ...e was significant water intrusion which caused extensive water damage such that Plaintiffs could not operate their retail business. The complaint also included Lanett's claim for personal injuries based on her exposure to toxic mold. Defendants initially demurred to all causes of action on the grounds the claims were barred by the exculpatory provision in the Lease. The demurrer was sustained with leave to amend as to Standard, Inc., sustained wi...

Excerpt: ...of Requests for Admission (“Requests”) on Schmidt via mail. Schmidt did not respond, and on April 20, 2018, Stevens filed this Motion for an Order Establishing Admissions and for Monetary Sanctions (“Motion”). Stevens establishes in her declaration that the Requests were properly served, that the time to respond has expired, that as of the date of the filing of the Motion no responses have been provided, and that she has incurred $97 in c...

Excerpt: ...to Code of Civil Procedure section 2033.280, if the responding party fails to timely respond to requests for admissions, upon noticed motion, the Court shall order that the truth of any matters specified in the requests be deemed admitted, unless proposed responses in substantial compliance with Code of Civil Procedure 2033.220 are filed before the hearing. Defendant has not filed any proposed responses or responded to the Motion. The unopposed M...