Excerpt: ...fendants, including Respondent. On April 11, 2022, the Nevada court dismissed Respondent from the action for lack of personal jurisdiction. (Declaration of Ronald Green (Green Dec.), Ex. 1.) On November 4, 2022, Petitioner served Respondent, a California res-dent, with a deposition subpoena for personal appearance and production of documents, electronically stored information, and things in action appearing outside California. (Green Dec., Ex. 2....

Excerpt: ...and breached its warranty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Now before the Court is Plaintiff's motion to compel the deposition of Defendant's person most knowledgeable (PMK) and request for production of documents. Discussi...

Excerpt: ...r 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. Plaintiff now moves for leave to file a second amended complaint. Plaintiff's proof of service shows that she served the motion on counsel for Defendants via email on July 14, 2023. No opposition is on file. Plaintiff's points and authorities describe the amendments she proposes to make to her SAC, and she provides a declaration and a copy of the FAC....

Excerpt: ...r) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition). on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs plus...

Excerpt: ... her claims. On March 1, 2023, the Court granted Plaintiff's counsel's motion to withdraw as counsel for Plaintiff. Before withdrawing, Plaintiff's counsel filed the subject motion to continue the trial date and the hearing on the State's motion for summary judgment. Defendant Adam McLaughlin does not oppose a continuance. (Declaration of Terence D. Edwards ("Edwards Decl."), 4.) State would not stipulate to continue the trial and summary judgmen...

Excerpt: ...from Eagle. Then as Cross-complainant Eagle Energy, Inc. ("Eagle") was granted summary judgment on its breach of contract claims against Cross- Defendants WCG and Letters, the amount of damages to be awarded to Eagle was left to be tried by jury. Judgment was entered on the amounts determined after jury trial. Eagle now seeks to amend the judgment to include prejudgment interest on the ground that interest was capable of being made certain by cal...

Excerpt: ...m moves here for its attorneys' fees and costs incurred in domesticating the Judgment and in attempting to collect on the Judgment, in the amount of $1,470.36. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice ("RJN") is granted; the Court shall take judicial notce of Exhibits 1-3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that...

Excerpt: ...ondragon and Jiminez, dba Paradise Grill ("Lessee") leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $204,687, 13, exclusive of attorney's fees and costs. (Leggitt Decl. '192-11.) On September 22, 2022, Plaintiff filed an Application for the Right to Attach Order a...

Excerpt: ...thwest of the community of Coalinga (the "Park Fire"). Calvin Louis Norman ("Norman") and Bryan Dillard ("Dillard") have since been added to the achon as defendants. The Kester Plaintiffs' operative pleading against the County and Norman alleges seven causes of action for: 1) inverse condemnation, 2) negligence, 3) nuisance, 4) trespass, 5) violation of Health and Safety Code section 13007, 6) Vehicle Code section 17001, and 7) Government Code 83...

Excerpt: ...rt as a director. On December 8, 2022, Robert filed a second amended cross- complaint (SAXC) against Steve. The SAXC also added BBC as a defendant and asserted derivative claims on its behalf. Currently on calendar is Steve's demurrer to the first, fourth, fifth, sixth, seventh, and eighth causes of action in the SAXC on the ground that they are uncertain and fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430....

Excerpt: ...e timely service on June 2, 2023. (Code Civ. Proc., SS 1170.7; Yanez v. Vasquez (2021) 65 Cal.App.5th Supp. 1, 8 [Code Civ. Proc., S 1013 applies].) Opposition, however, may be made orally at the hearing or in writing the court day before the hearing. (Cal. Rules of Court, rule 3.1351.) l. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law....

Excerpt: ...dants' filing that civil action. Defendants filed a demurrer to the original complaint in this action that was scheduled for hearing on June 15, 2023. Plaintiff filed a First Amended Complaint ("FAC") on May 15, 2023, that became the operative complaint. The demurrer is therefore moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-505.) Two motons are at issue: Defendants' Motion to Strike the FAC and Defenda...

Excerpt: ... of action for constitutional taking. The dispute concerns a billboard located on Plaintiff's property, located at 6020 Conejo Road in Atascadero (the Property). With his request for writ of mandate, Petitioner requests the Court order Respondents to allow reconstruction of the billboard. l. Factual Background. A. The Original Billboard. Petitioner alleges he acquired the Property on April 26, 2016. (Pet„ 1.) Petitioner alleges the billboard on...

Excerpt: ...tlement, and the matter was dismissed as to Nahmias' claims. Petitioner now petitions, pursuant to Code of Civil Procedure sections 1085, 1094.5 and 1102 for the following relief: 1. An alternate and peremptory writ of mandate and prohibition commanding Respondents to take no further enforcement measures against Petitioners; 2. A stay, temporary restraining order, preliminary, and permanent injunction prohibiting Respondents from taking any furth...

Excerpt: ...h of fiduciary duty, and removal of director. On December 8, 2022, Robert filed a second amended cross-complaint against Steve alleging both individual and derivative claims. Steve alleges Robert has stolen BBC vehicles and equipment, misrepresented the profitability of a project leading to imprudent shareholder distributions, misused BBC assets to reduce his personal liability on outstanding personal guarantees, violated his obligation to sign b...

Excerpt: ...on October 23, 2021, in Paso Robles. Now before the Court is Plaintiff's motion to quash Defendants' subpoena for medical records or, in the alternative, for a protective order and order to modify the subpoenas issued to Sierra Vista Regional Medical Center and for sanctions in the amount of $1,130 against Defendants and their counsel of record. The Court is not in receipt of an opposition; a proof of service is on file. On October 18, 2022, Plai...

Excerpt: ...rust. The Handleysl , Destino Investments LLC, and The Development Trust filed a cross- action Stier and John Handley. The operative cross-complaint is the fifth amended cross- complaint (5ACC), filed April 6, 2023, after this Court (Hon. Donald G. Umhofer, presiding) granted Cross-complainants' moton for leave to file an amended pleading. The 5ACC includes causes of action for (1) breach of partnership agreement; (2) intentional interference in ...

Excerpt: ...otion for summary judgment. Now before the Court is Plaintiff's motion for an award of attorney's fees in the amount of $41,015.00. The Court is not in receipt of an opposition; a proof of service is on file. Plaintiff seeks attorney's fees under Civil Code section 5975(c), which mandates an award of attorney's fees to the prevailing party in an action to enforce a homeowners association's governing documents as a matter of right. Plaintiff broug...

Excerpt: ...f refused Defendant's requestfor an extension of time within which to serve responses, and Defendant served an objection only response. Plaintiff's counsel engaged in an effort to meet and confer, which Defendant argues was not in good faith. While Plaintiff gave Defendant a very short deadline (about 12 hours) to agree to a discovery conference or the subject moton would be filed, Plaintiff's counsel had already provided a detailed explanation c...

Excerpt: ... that it is a partnership. The complaint is signed by a partner. The Defendants have provided a lengthy recitaton of the facts giving rise to their motion, including the fact of a related case in which Defendants are suing Plaintiff. (Related Case No. 23CVP-0130 — Jerome Zalusky dba Uncle Ed's Outfitters, et al v. Plaza de Pueblo, et al.) Now before the Court is the Defendants' moton to quash the summons and complaint. For purposes of this limi...

Excerpt: ...anty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Linane also alleges GM knew that the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Lemon Law. Linane served GM with Plaintiff's Requests for Production of Documents, Set One ("RPD"), and GM timely served Linane with responses. GM objected to all 89 of the requests and agreed to...

Excerpt: ... of Business & Professions Code secton 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap reconstruction. (4AC, 14.) In October 2018, Dr. Chalekson performed a second surgery to remove torn mesh and repair a hernia. (ld. at q 36.) Plaintiff...

Excerpt: ...alleges that defects and nonconformities appeared within the applicable express warranty period, including the engine. (ld., '1 16.) Plaintiff brought the Vehicle into an authorized Ford repair facility but after numerous attempts, the repairs were not able to be made to the applicable express warranty. (ld., 19.) Plaintiff alleges that under the Song-Beverly Act, Ford had an affirmative duty to promptly offer to repurchase or replace the Vehicle...

Excerpt: ...ll, 2021, and that the prior owners of the Property ("the Durands") entered into three separate agreements with Defendant as follows: A Grant of Easement recorded August 9, 2000, which states that Defendant is granted "those appurtenant non-exclusive easements ("the easement area") located in Tract 1599, ." for the purposes of water well sites, including ingress and egress to install and maintain wells and their accompanying equipment ("2000 Ease...

Excerpt: ... real property adjacent to real property owned by the defendant Wykoff-Newberg Corporation and leased by Defendants. Defendants grow awycado trees for commercial on the leased property. Defendants installed three wind machines on their leased property to protect their avocado trees from frost. Plaintiffs allege that they are disturbed by the extreme noise the wind machines generate which has interfered with their ability to sleep or watch televis...