Excerpt: ... 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”). (Tardiff Decl.., ¶ 1; Bailey Decl., Ex. A [11/20/18 ltr from Ross to the Court].) On March 20, 2020, Ross received a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “First Subpoena”) from Jonas Bai...

Excerpt: ...h (“Ainsworth”), and the California Department of Parks and Recreation (the “CDPR”). The Petition challenges the Commission's July 9, 2020 approval, and related issuance of a coastal development permit to the CDPR for dust control measures at the Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “SVRA”), including an amendment to the initial 105‐acre approval and permit and CDPR's issuance of a May 28, 2020 Addend...

Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

Excerpt: ...Cambria was Plaintiff's broker and Mr. 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 to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...

Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...

Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...

Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...

Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...

Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...

Excerpt: ...ber 4, 2018, Petitioner filed its 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”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...

Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...

Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...

Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...

Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...

Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...

Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...

Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...

Excerpt: ...ervatee's motion for a new trial on Michalle's petition for appointment of a temporary conservator of the Estate of Diane McCoy. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a new trial may be awarded where there is “newly discovered evidence, material for the party making the application, which ...

Excerpt: ...eges that after assuming the running of the Business, the revenue was not that as indicated in the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc. (“Seller”), SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch, and Karen Hosch. The first five causes of action are alleged against all Defendants, and t...

Excerpt: ...o Code of Civil Procedure section 473.5, on the grounds of lack of actual notice of the proceedings in time to defend. Pinnacle opposes the motion. Wek declares that he was not in the country at the time that Plaintiff filed suit, that he had no knowledge of the case due to the inability to be served, and that he was living in a foreign country from 2009 to 2017. Defendant provides no further details as to where he was living, the precise dates, ...

Excerpt: ...ld administer the trust.” Petitioner is particularly concerned about two amendments to the Trust; the Second Amendment and Third Amendment. Thomas K. Thompson (Objector), one of the Thompsons' children, is a Trust beneficiary and filed an objection to the petition. Now before the Court is Petitioner's motion for summary judgment or, in the alternative, summary adjudication. The motion is unopposed. Legal Authority. “The purpose of a summary j...

Excerpt: ...ks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”). Borja now moves on a preliminary basis to (1) remove Trustee and appoint a licensed private fiduciary in her place or, in the alternative, and (2) enjoin Trustee from distributing, disbursing, or selling any income or princi...

Excerpt: ...6, 1996 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relie...

Excerpt: ...nt.1 The matter has been pending since that time. On December 27, 2019, Melanie served on Kevin2 (1) form interrogatories, set one; (2) requests for production, set one (“RFPs”); and (3) requests for admission, set one (“RFAs”). (Schroeder Decl., ¶ 2.) Because the discovery was personally served, Kevin had until January 26, 2020 to respond. (Code Civ. Proc., §§ 2030.260, 2031.260, 2033.250, 2016.050 [§ 1013 applies].) On January 21, 2...

Excerpt: ...identify the inclusive dates of the pay period. The parties have now settled, and Plaintiff moves for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiff served the motion and supporting documents on Defendant; no opposition or objection was filed. Plaintiff's motion seeks an order: 1) Preliminarily approving the Stipulation and Settlement of Class Action Claims (“Settlement Agreement” or “Joint...

Excerpt: ...4) intentional infliction of emotional distress. Plaintiff alleges that he is an imam, and past visitor at the California Men's Colony (CMC) prison facility in San Luis Obispo County. Plaintiff alleges that Defendants have conspired to label him as an “ex‐convict” in order to prevent his visits with various inmates at CMC. Plaintiff alleges his reputation has suffered as a result. Now before the Court is a demurrer filed by CDCR and Ms. Gas...

Excerpt: ...n; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. Now before the Court is Defendants' motion to compel arbitration. Legal Authority. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1...

Excerpt: ...vivor's trust, a marital trust, and an exemption trust. Marcia remained the sole trustee until replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Family Trust has been subject to ongoing litigation (case number PR13‐0085),2 including a pe...

Excerpt: ...rta Chavez, alleging seven 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...

Excerpt: ... 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 No...

Excerpt: ...d against Wilmington Trust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set a...

Excerpt: ...2019, the Court issued its proposed statement of decision. On January 7, 2020, both Plaintiff and Forster‐Gill, Inc. filed objections to the tentative statement of decision. After review, on January 21, 2020, this Court issued its final statement of decision (the “Decision”). The Decision awarded Plaintiff a judgment in the total amount of $58,296.39. On January 31, 2020, prior to judgment being entered, Plaintiff filed a motion to correct ...

Excerpt: ... forth thirteen causes of action and explains a business venture gone sour. Currently on calendar is Plaintiffs' request for (1) an order appointing a receiver to take possession, custody, and control of the assets and operations of NHC Grover Beach LLC (“NHC Grover”), Dayspring Farms Cultivation LLC (“Dayspring Cultivation”), and Natural Healing Center LLC (“NHC”; collectively, the “Companies”); and (2) issuance of a preliminary ...

Excerpt: ...ado Homeless Shelter (the Shelter) in San Luis Obispo, and Mr. Bartholomew, a Shelter employee, approached Plaintiff at Ms. Gomez's directive to assist. (Compl., ¶¶ 13, 14.) Plaintiff further alleges that, after he helped Plaintiff jump start her vehicle, Mr. Bartholomew backed up in his truck as Plaintiff walked behind it, running over her legs and causing her to suffer a massive subdural hematoma, severe swelling of the brain, edema, sepsis, ...

Excerpt: ...ioners”) filed a petition to determine ownership of the stocks under Probate Code section 850.1 Petitioners named Decedent's daughter, Ginamarie Andreoli (“Respondent”), as the respondent.2 Respondent is the executor of Decedent's estate, and has been serving in that role since testamentary letters were issued to her on February 5, 2019. On March 19, 2020, Petitioner filed a counterpetition stating claims for financial abuse and fraud, and ...

Excerpt: ... 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. Settlor Sylvia June Asavis (June1 ) died on January 17, 2019, at the age of 79. June had no children. She was predeceased by Louis Asavis, her husband of 30 years, in 2019. J...

Excerpt: ...aintiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff filed two...

Excerpt: ...erating the Business, the revenue generated did not compare to the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc., SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch and Karen Hosch. The first five causes of action are alleged against all defendants, and the sixth cause of action for rescission is alleg...

Excerpt: ...fliction of emotional distress. The dispute arises from Markson's conduct as counsel for defendant in Arthur Mogilefsky v. Panda Express (20LC‐0018), which was filed in this Court on January 6, 2020 (the “Underlying Action”). The FAC alleges that Markson represented Panda Express; and Plaintiff states that Lickerman was in‐house counsel for Panda Express (Opp., p. 2, ll. 27‐28) working with and supervising Markson (FAC, ¶ 12). Accordin...

Excerpt: ...residence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet...

Excerpt: ...r the work. On September 19, 2018, Defendants filed a Cross‐Complaint against Plaintiff, Charessa Tatum and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On March 26, 2020, Brown propounded a Request for Production of Documents, Set 3 (“RFP 3”) (Nos. 32‐47), on Plai...

Excerpt: ...y 2020. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Service Award, and Attorneys' Fees and Costs. No opposition has been filed. The settlement provides for a gross settlement amount of $300,000. After deducting administration costs of $12,455, Plaintiff's $5,000 service award, attorneys' fees and costs of $125,000 to class counsel, and a $7,500 payment to the Labor & Workforce Development...

Excerpt: ...ff's lawsuit centers around his July 8, 2017 stay at the Courtyard Marriott Hotel in San Luis Obispo (the Hotel), during which stay Plaintiff alleges he sustained bedbug bites. Plaintiff alleges he has suffered personal injury and monetary damages. Now before the Court is Marriott's demurrer to, and motion to strike, the complaint. Demurrer Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues...

Excerpt: ... the complaint was subject to demurrer, and on March 16, 2020, Defendants' counsel sent meet and confer correspondence to Plaintiff's counsel, setting forth their grounds for demurrer. (Diamond Decl., ¶ 2; Exh. 1.) Plaintiff's counsel responded that he would be open to amending the complaint and Defendants received several extensions to file a responsive pleading pending filing of the amendment. (Diamond Decl., ¶ 2.) Plaintiffs failed to file a...

Excerpt: ...th the following facts: Roger G. Tefft, M.D. and Olivia L. Tefft created the Trust on April 23, 2012, and served as the initial trustees. On that same day, Dr. Tefft executed a pour‐over will providing that upon his death all of his property was to be distributed to the Trust. On September 8, 2017, Dr. and Mrs. Tefft resigned as trustees. Carsel then accepted the position as successor trustee. Dr. Tefft died on September 9, 2017, and Carsel has...

Excerpt: ...tomobile accident allegedly caused by Mark Tenhet, II on April 11, 2017, on the U.S. 101 highway northbound, near Del Rio Road in San Luis Obispo County. The SAC seeks punitive damages against Defendant only. According to the SAC, Defendant 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 which, in turn, sent Plaintiff's vehicle into a roll. ...

Excerpt: ...n Luis Obispo (“the City”), on March 24, 2020. The parties have filed multiple stipulations and orders extending the time for the City to respond. Andrews now moves for preference pursuant to Code of Civil Procedure section 36(a) on the grounds that Andrews is 79 years of age, has a substantial interest in the action and her health is such that a preference is necessary to prevent prejudicing her interest in the litigation. Code of Civil Proc...

Excerpt: ...dispute arises from a 2015 Memorandum of Agreement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned b...

Excerpt: ... latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Keystone's demurrer to the first cause of action for professional negligence, second cause of action ‐ count one (strict liability), and second cause of action ‐ count three (breach of warranty). K...

Excerpt: ...re due on March 25, 2020. The first set of RFAs included 77 requests: 47 of which inquired into the truth of certain factual matters and 30 of which sought admissions regarding the genuineness of certain documents. On March 18, 2020, Hazeltine served by mail a second set for RFAs on Petitioner. Petitioner's responses were due on April 22, 2020. The second set of RFAs contained a single request seeking admission of the genuineness of a document th...