Excerpt: ...Inc., Hanson Aggregates, LLC, and Hanson Aggregates Mid‐Pacific, LLC (formerly known as Hanson Aggregates Mid‐Pacific, Inc.) (HAMP) (collectively, Defendants), and sought preliminary approval of the class action settlement.1 Plaintiff's motion for preliminary approval was granted on June 1, 2022. Now before the Court is Plaintiff's unopposed motion for final approval of the class action settlement. Plaintiff moves the Court for an order appro...

Excerpt: ...‐ complaint against Plaintiffs. The dispute concerns the use and maintenance of an easement which crosses Defendant's property for the benefit of Moonstone's and Mr. Rust's parcels.1 Plaintiffs now seek leave to file a first amended complaint to add causes of action for nuisance and negligence. Plaintiffs state they realized their entitlement to assert such claims after attending mediation in February 2022. (Carrasco Decl., ¶ 5.) Replogle oppo...

Excerpt: ...ive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. This lawsuit concerns the parties' ongoing disputes regarding the commercial development known as the SLO Public Market at Bonetti Ranch (the Project). On November 4, 2020, this Court granted Defendants' motion to compel arbitration, staying the lawsuit as to all claims with the exception of claims for the appointm...

Excerpt: ...reatment program. On March 10, 2022, Defendant propounded a Deposition Subpoena for Production of Business Records (the Subpoena) on CSH. The Subpoena seeks, “[a]ll documents and communications relating or referring to Larry Curlee and his participation in the Sex Offender Treatment Program at [CSH].” (Voss Decl., Ex. A.) Defendant objected to the Subpoena by completing an “Objection by Non‐Party to Production of Records.” (Curlee Decl....

Excerpt: ... open book account and account stated in the amount of $11,909.78. WP Group failed to file an answer, and default was entered as to it on May 24, 2022. FNB now moves for summary judgment against Westbay1 on both Westbay's complaint, and FNB's cross‐complaint. The Court grants FNB's unopposed request for judicial notice pursuant to Evidence Code section 452, subdivisions (d) [Exhibits D‐H] and (c) [Exhibit I].) Westbay opposes the motion. I. S...

Excerpt: ...and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiffs' Motion for Preliminary Injunction.1 At a hearing...

Excerpt: ...ide rest periods and premium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). The parties mediated the dispute over a full day with experienced professional mediator Scott Radovich. (Declaration of Ruben Escobedo. ¶ 4.) Plaintiff and Defendant settled, and Plaintiff...

Excerpt: ...he sole trustee. On November 22, 2016, Decedent's son, Keith McKibben (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. Phase I of the trial has been completed, and Phase II of the trial is set to begin on January 9, 2023. Currently before the Court are Petitioner's motions to compel further responses to ...

Excerpt: ...ior to filing the demurrer. (See Declaration of Donald L. Mabry.) Plaintiff opposes the demurrer. I. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., § 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) The court must draw all reasonable infere...

Excerpt: ...Obispo and the State of California. (Comp., ¶ 4.) Plaintiff alleges that she worked for Defendants as a non‐exempt Sales Advisor from approximately 2008 to June 2018. Plaintiff's job duties consisted of passing out food samples at demonstration tables inside Costco retail locations. (Comp., ¶ 9.) Defendants now move to compel arbitration of Plaintiff's claims pursuant to the Federal Arbitration Act and Code of Civil Procedure sections 1281.2 ...

Excerpt: ...eneral 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. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On March 13, 2020, Specialty filed a complaint in a separate lawsuit (20CV‐0167...

Excerpt: ...nch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in the Jones Defendants' favor and declined to award any relief to Plaintiffs. On May 6, 2022, this Court ...

Excerpt: ...hysical harm; 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 demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...

Excerpt: ...hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. Garden Street responded by filing its own cross complaint on O...

Excerpt: ...C) alleging causes of action for negligence and breach of contract. Plaintiffs' lawsuit centers around their purchase of a mobile home located at 3960 South Higuera Street, Unit 178 in San Luis Obispo (the Property). (FAC, ¶ 12.) Plaintiffs allege they purchased this home from Newitt for approximately $213,741.54 on April 29, 2019. (Ibid.) Plaintiffs allege Newitt was represented by Engle of Defendant BHG. (FAC, ¶ 13.) Plaintiffs allege BHG hel...

Excerpt: ... Paul A Flinn Revocable Living Trust, dated May 2, 2012 (“Trust”). Petitioners and Respondents are the children of Paul A. Flinn (“Paul”) and are the successor co‐ trustees of the Trust. However, Respondent's powers as co‐trustee were suspended by this Court on July 19, 2021. Respondent now asks the Court to dismiss the Petition based on forum non conveniens. (Code Civ. Proc., § 418.10(a)(2).) As the moving party, Respondent bears th...

Excerpt: ...is Respondent's motion to dismiss the amended petition. Respondent raises three grounds for dismissal: (1) statute of limitations (Code Civ. Proc., § 366.3); (2) failure to join an indispensable party (Code Civ. Proc., § 389); and (3) failure to prosecute (Code Civ. Proc., § 583.410). Petitioners oppose the motion. Respondent reports that service of Petitioners' opposition was untimely and requests a continuance to address the merits of the op...

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

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

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

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