Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...

Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...

Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...

Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...

Excerpt: ...ust 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 t...

Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...

Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...

Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...

Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, 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. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...

Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...

Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...

Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...

Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...

Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...

Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...

Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...

Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...

Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...

Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store 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 group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...

Excerpt: ... General Act (“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 not opposed, 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 be sent to class members by Ju...

Excerpt: ...e action as to her. Defendant moves on the ground that there is no triable issue of fact that: 1) Defendant did not hire either Plaintiff; 2) Defendant, as the Vice President, did not have authority to determine the rate of pay of either Plaintiff and did not do so; 3) Defendant did not have the authority to pay either Plaintiff and did not do so; 4) Defendant, as Vice President of J&H Enterprises, Inc., did not have the authority to determine th...

Excerpt: ... Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion for judgment on the pleadings. Legal Authority. A defendant may move for judgment on the pleadings where the complaint...

Excerpt: ...apacity to execute the First Amendment, dated November 7, 2018. The petition is brought under Probate Code sections 850 and 17200. Currently on calendar is Clark's demurrer, which argues (1) venue is improper, and (2) the fourth cause of action is barred under Code of Civil Procedure section 366.2. For the reasons set forth below, the demurrer is overruled. (1) Venue Probate Code section 17005(a)(1) provides that venue is proper in “the county ...

Excerpt: ...e alternative, summary adjudication. The motion was served on counsel for Defendant. No opposition is on file. The Court grants Plaintiff's Request for Judicial Notice. 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. Proc. §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the bur...

Excerpt: ...riminal threats); and (3) violation of Penal Code section 134 (fraudulent writing). The complaint alleges that the San Luis Obispo County District Attorney's office filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agen...

Excerpt: ...nancial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Plaintiff's complaint alleges he is a resident at Ocean View Manor apartments in Morro Bay. (Compl., ¶¶ 1, 10.) Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Property, which Plaintiff alleges has caused him to suffer injuries. (Compl., ¶¶ 5, 46, 129.) Th...

Excerpt: ...d 2/27/01, and Marco Specchierla (collectively “Defendants”) on December 31, 2020, 20CV‐0689 (the “Cziraki Action”). The Czirakis filed a First Amended Complaint on March 22, 2021. The Czirakis own and reside on property abutting Defendants' property. (Cziraki First Amended Compliant (“Cziraki FAC.”), ¶¶ 5‐6, 10‐11.) The Cziraki property is accessible only by way of a recorded private access easement across Defendants' propert...

Excerpt: ...causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a Doe Amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. On October 8, 2019, Ben...

Excerpt: ...general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Currently on calendar is Garden Street's motion to compel amended responses to requests for...

Excerpt: ...buse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) negligence; (7) negligent infliction of emotional distress; (8) intentional infliction of emotional distress; (9) professional negligence by an attorney; (10) breach of fiduciary duty; (11) breach of fiduciary trust duty; (12) conspiracy; and (13) declaratory relief. Now before the Court is Plaintiff's motion for tri...

Excerpt: ...tnership (the Limited Partnership); and other Defendants who are no longer a party to the lawsuit. Intervening Plaintiff Daniel Eddleman joined the lawsuit shortly before trial. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision. Plaintiffs now move for a new trial under Code of Civil Procedure section 657. Intervening Plaintiff Daniel Eddleman has filed a notice of joinder to the motion. A ...

Excerpt: ...�). The parties agreed that the Court would decide certain preliminary issues in Phase I of the trial, on the papers and after oral argument, which occurred on March 18, 2021. Thereafter, the parties filed final briefing and the matter was deemed submitted on March 30, 2021. On May 17, 2021, the Court issued its Ruling on Phase I of the Trial, which addressed eleven separate issues. Ten days later, Karen Tallent (“Respondent”) filed a Motion ...

Excerpt: ...Larry, and caused a head‐on collision with Plaintiff. Now before the Court is Plaintiff's motion for leave to file a first amended complaint (FAC), which is opposed by Defendants. Legal Authority. “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 lawsui...

Excerpt: ... filed an answer to the complaint. Coasthills thereafter moved for summary judgment as to McGinty, which was granted. Judgment was entered on July 26, 2019, in the amount of $9,373.41. Coasthills now moves the Court for a determination that Coasthills is the prevailing party and, as such, requests that its attorney's fees be recoverable as an item of costs in the sum of $10,780. Coasthills served the motion and supporting declarations on McGinty,...

Excerpt: ...ublic policy; and (4) promissory estoppel. Plaintiff worked for Defendant as a Warranty Administrator from September 8, 2015, to February 9, 2018. (Separate Statement of Undisputed Material Fact [UMF] 1.) A Warranty Administrator submits all warranty claims to manufacturers so Defendant can be reimbursed for jobs completed under those manufacturers' warranties. (UMF 2.) There is some dispute between the parties as to whether Plaintiff was the onl...

Excerpt: ...ocated at 783 Asilo Street, Arroyo Grande, California 93420 (the “Property”) to her and that she has invested significant money in the Property, but that Defendants did not convey title to her. Defendants now move for summary judgment, or in the alternative summary adjudication, as to each of Plaintiff's causes of action, on the grounds that Plaintiff is judicially estopped from asserting that she owns the property; therefore, there are no tr...

Excerpt: ...ber 13, 2019, Sandra Natali (“Natali”) served a second set of requests for production of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third sets of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the respon...

Excerpt: ...��), and the California Department of Parks and Recreation (“State Parks”). Petitioner filed a First Amended Verified Petition on October 27, 2014. Petitioner brings its Petition on the grounds that the APCD, through an agreement with State Parks, substantively changed a District regulation (Rule 1001) without public notice, an opportunity for public comment, or a hearing as required by state air quality statutes; and as such, the agreement i...

Excerpt: ...he Grand View Apartments (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 Busin...

Excerpt: ... official capacity as Interim Executive Director of the Commission (the “Executive Director”), and California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District, its Board of Directors, and its Hearing Board (the “District”). Petitioner's Petition challenges the Executive Director's issuance of two emergency coastal development permits (“ECDPs”...

Excerpt: ...“Seaside”; collectively, “Defendants”).1 Marissa and Seaside filed answers to the complaint on July 29, 2019, and Donald filed an answer on September 3, 2019. The dispute arises out of a Property Management Agreement entered into between Plaintiff and Seaside regarding the management of Plaintiff's residential units located on Monterey Avenue in Morro Bay, California. Under the agreement, Defendants were given the right to rent, lease, op...

Excerpt: ...p. The amended petition seeks appointment of a third‐party professional fiduciary as conservator of Respondent's person,1 based on allegations that he lacks capacity to give informed consent to medical treatment. The amended petition, however, does not seek dementia powers. The amended petition also seeks to limit contact between Respondent and his niece (Virginia Garcia), as well as her husband (Allen Garcia). The amended petition alleges that...

Excerpt: ... to deliver certain documents by April 23, 2019. At the same time, Petitioner served a Deposition Subpoena for Personal Appearance and Production of Documents and Things on both individuals. The depositions were scheduled to take place in early May 2019. Respondent's prior counsel (Adam Daner) objected to the subpoenas on behalf of Black and Chafin. Black and Chafin did not appear for their depositions, nor did they produce any documents in respo...

Excerpt: ... Obispo, California. (Compl., ¶ 4.) Plaintiff alleges the Subject Vehicle had various nonconformities to warranty, including but not limited to shaking excessively while driving (under normal driving conditions, “in hot weather,” and “after sitting in warm weather and subsequently being driven”) and abnormally clunking when braking. (Compl., ¶ 11.) Now before the Court is Plaintiff's motion to compel a further deposition of Defendant's ...

Excerpt: ...of that order pursuant to Code of Civil Procedure section 1008(a).2 Under that section, a party may make a motion before the same judge to reconsider the judge's earlier ruling and enter a different order, provided the party meets certain conditions. First, a party seeking reconsideration must make the application “within 10 days after service upon the party of written notice of entry of the order.” (Code Civ. Proc., § 1008(a).) Here, Hazelt...

Excerpt: ...addition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC�...

Excerpt: ...alleges that he accepted a settlement offer that Corentec belatedly claimed was revoked, refusing to comply with the agreement's terms. (Cmp., ¶ 2.) This civil action is referred to herein as the “Ferro Action.” The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Ferro alleged Corentec owed him royalties. The arbitration itself began in December 2020, and af...

Excerpt: ...rney, filed a response to the complaint, and two purported “counterclaims” for breach of written contract and “material misrepresentation – fraud.” On April 22, 2021, Defendant filed a substitution of attorney, indicating he is now represented by counsel. A court trial is set to begin on September 13, 2021. Now before the Court is Defendant's motion for leave to file a cross‐complaint. Legal Authority. “The court may, in furtherance...

Excerpt: ...dividuals employed under common circumstances and facts, have filed this class action lawsuit against Defendants The Berry Man, Inc.; All About Produce Corp.; Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint1 (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. Plai...

Excerpt: ...cific inspection date but asked for a “mutually agreeable time and date no less than thirty (30) days after service of [the] demand.” (Plaintiff's Ex. A.) Hazeltine provided verified written responses by mail (and email) on September 18, 2020. (Plaintiff's Ex. B.) Plaintiff, however, did not reach out to coordinate an inspection time until February 27, 2021. (Hazeltine's Ex. A.) Inspection of the documents ultimately occurred over several day...