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: ...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: ...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: ... 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: ...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: ...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: ...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...

Excerpt: ...c property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, 3, 4.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleg...

Excerpt: ...endant has generally denied all allegations against it, including that it negligently started the fire. On July 7, 2022, Plaintiff served Defendant with Special Interrogatories, Set One, consisting of five interrogatories ("Interrogatories") and Requests for Admissions, Set One, consisting of six requests ("Requests"). Defendant's responses were due on August 8, 2022. Defendant did not request an extension of time to serve responses. Defendant se...

Excerpt: ...er 2, 2021, and Plaintiffs have been unrepresented since that date. The Court has held multiple case management conferences at which Plaintiffs represented they were seeking to obtain counsel, but no counsel has appeared. Plaintiff Candace Dowden informed the Court at an August 15, 2022, case management conference that defendant William Dowden was deceased. On November 4, 2022, Defendants filed a motion to compel the remaining plaintffs to join a...

Excerpt: ...On May 31, 2022, Defendant served timely objection-only responses to the Interrogatories and Document Request. On September 26, 2022, Plaintiff filed the subject Motion to Compel Verified Responses to Plaintiff's Form Interrogatories — Employment Law (Set One) ("Interrogatory Motion") and Motion to Compel Verified Responses to Plaintiff's Request for Production of Documents (Set One) ("Document Motion"). The Interrogatory Motion and Document Mo...

Excerpt: ...le a responsive pleading. A default judgment was entered on October 20, 2022. Notice of Entry of Judgment was served on October 24, 2022. Joseph filed the subject motion to set aside default on October 28, 2022. Jemmstone, LLC filed opposition to the motion on March 10, 2023. Joseph filed his reply on March 21, 2023. Joseph seeks discretionary relief from default based on excusable neglect. Joseph declares that he worked for many years on commerc...

Excerpt: ...lapsed under her. On June 30, 2022, Defendant served Requests for Production Set One ("RFP"), Form Interrogatories Set One, and Special Interrogatories Set One (collectively "interrogatories") on Plaintiff. On August 17, 2022 Plaintiff served her responses to all discovery requests. Plaintiff served an amended response on October 25, 2022. Defendant's counsel attempted a meet and confer by letter dated November 21, 2022. (Declaration of Matthew H...

Excerpt: ...empleton, CA (the "Property"), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related to that Property. l. Background On or about May 17, 2006, Plaintiff obtained a $950,000 loan ("Loan") from Homecoming Financial Network, Inc. as evidenced by an Adjustable Rate Note dated May 17, 2006 and secured against the Property by Deed ofTrust recorded June 1, 2006. (UMF 1.) (Declaration of Gina Fe...

Excerpt: ..., failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After a mediation with Glenn E. Lerman, Esq„ the parties have reached a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the class action settlement, wherein Plaintiff requests the ...

Excerpt: ...20, 2022. Defendant did not file a responsive pleading, and default was entered on March 3, 2022. Defendant now moves to set aside the default. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., S 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entr...

Excerpt: ... to ASH personnel for a "preference diet." Currently on calendar is Plaintiff's request that the Court provide a court reporter to serve as a deposition officer for written depositions via video conferencing, or in the alternative, that the Court appoint a deposition offcer to conduct the written depositions, and have the defendants bear the cost. ASH opposes the request that it pay for the deposition officer.l Wr-tten depositions are authorized ...

Excerpt: ...nated; and that We Is Fargo failed to provide Plaintiff with a reasonable accommodation and failed to engage in the interactive process. Now before the Court is Defendants' motion for a protective order and request for sanctions in the amount of This motion relates to Plaintiff's attempt to take the deposition of non party Christopher Smith. In general, depositions of any person may be taken without leave of court at any time during the pendency ...

Excerpt: ...) Plaintiff opposes the demurrer.1 Demurrers can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 C3d 311, 318.) The court must draw all reasonable inferences in favor of the plaintiffs, not the defendant. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1239.) I. Background2 Crosbie's allegation...

Excerpt: ...to the Handleys into equity in the development of the Resort Project at issue in this matter; • Declaratory relief ordering that the Handleys are not in breach of the loan agreements that were the subject of the Settlement Agreement; • Injunctive relief asking for an order prohibiting Stier from taking any action to enforce said loan agreements either through foreclosure or a money judgment; • Include in the prayer for relief a request for ...

Excerpt: ... Now before the Court is Defendants' motion to compel Plaintiff to appear for her deposition. The Court will not delve into the meet-and-confer communications between counsel. Suffice to say, Plaintiffs' counsel (located in Los Angeles) and defense counsel (located in Novato) cannot agree on the date, location, and manner of Plaintiff's deposition. The gist of the parties' dispute is whether Plaintiff will appear for her deposition in person, or ...

Excerpt: ...vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head-on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admission (RF...

Excerpt: ...al and emotional injuries. The complaint sets forth the following causes of action: (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) now move for summary judgment on the ground Plaintiff cannot prove causation, an essential element of each cause of action. (See CACI Nos. 400, 1300, 1600, 1901, 2021.) To satisfy their in...

Excerpt: ...ted at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed-term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...

Excerpt: ...timely motion for summary judgment.2 Opposition to the motion may be made orally at the hearing or in writing. (Cal. Rules of Court, rule 3.1351(b).) No opposition has been filed. However, even when unopposed, the trial court is required to determine that no dispute of material fact exists, and that the moving party is entitled to judgment as a matter of law. (Code of Civ. Proc. § 437c(c).) Plaintiff, as the moving party, bears the burden to pro...

Excerpt: ...ed at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed- term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...

Excerpt: ...mple Finance Charge, whereby Defendants agreed to buy, and the dealer agreed to sell a 2015 Toyota Camry. (Compl., Ex. 1.) Plaintiff alleges Defendants agreed to make monthly payments on the outstanding balance plus interest. (Compl., ¶¶ 6, 7.) Plaintiff alleges it has been assigned all rights and interests in the contract by the dealer. (Compl., ¶ 10.) Plaintiff alleges Defendants have breached the contract by failing to make the required ins...

Excerpt: ...ts demurred to the FAC, and on September 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. On November 1, 2022, Defendants filed notice of ruling on the demurrer, filed an answer to the FAC, and filed a cross‐complaint. On November 30, 2022, Plaintiff filed a motion to strike Defendants' answer to the FAC, and a motion to strike Defendants' cross‐complaint. On January 1, 2022, Defendants filed a fi...

Excerpt: ... his vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head‐on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admiss...

Excerpt: ...ng the ride, Plaintiff and 13 other riders were guided through several different legs of the tour over several days. On March 13, 2019, Plaintiff and the group were riding from Parkfield to Cambria. A portion of this leg was through remote, open range cattle country on Bitterwater Road in San Luis Obispo County. During this leg, Plaintiff crashed his motorcycle into a crack on the roadway 2.4 miles south of Bitterwater Valley Road and Bitterwater...

Excerpt: ... of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza‐Alvarez. The complaint alleges that Arayza‐Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza‐Al...

Excerpt: ...gh her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc. and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Like Machado, Ginger, who served as McKinsey's long‐time bookkeeper fr...

Excerpt: ...5.16 (i.e., the anti‐SLAPP statute)1 and dismissed the matter. The Court also found that Defendants were entitled to recover their costs and fees in connection with the anti‐SLAPP motion. Two months later, the Court awarded Defendants their attorney's fees and costs in the amount of $17,200. (§ 425.16(c).) Plaintiff has appealed both decisions. 2 An appeal of an order granting an anti‐SLAPP motion automatically stays all further proceeding...

Excerpt: ...es a claim against Wood's contractor's license bond. Wood and ACIC answered the complaint on July 18, 2019, and filed a cross‐complaint against Plaintiff that same day. Currently on calendar is ACIC's Motion for Judgment on the Pleadings. ACIC argues the claim on the contractor's license bond is barred by the relevant statute of limitations. (Code Civ. Proc., § 438(c)(1)(B)(ii)). Plaintiff opposes the motion arguing the parties agreed to toll ...

Excerpt: ...(SAC, p. 4.) Plaintiffs allege that Defendant knew Thomas, 21 years old at the time of his death, was an alcoholic but supplied him with an excessive amount of alcohol on the night of his death. Plaintiffs allege that, after encouraging Thomas to become excessively intoxicated, Defendant failed to call 911, or otherwise report Thomas's intoxication. Plaintiffs further allege Defendant abandoned Thomas on the night of his death. Plaintiffs allege ...

Excerpt: ...iability. This lawsuit arises out of a series of shootings that occurred on June 10, 2020 in Paso Robles. A man named Mason Lira, now deceased, shot Plaintiff Nicholas Dreyfus in the face; Nicholas1 survived. At the time, Nicholas was a San Luis Obispo County Sheriff's Deputy. Tyler is Nicholas's wife. Lira also shot and killed James Watson, the father of Plaintiff Johnny Watson. Plaintiffs have sued Robert Bettencourt, an attorney, whom Plaintif...

Excerpt: ...li that same day. On June 18, 2019, Laurie Siegenthaler (Siegenthaler) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud, and alleging Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. On June 24, 2022, Andreoli propounded a Demand for Pr...

Excerpt: ...now move for leave to file a Second Amended Petition (SAP). (Ex. A.) Defendants oppose the motion. No trial date is set in the action. Plaintiffs seek to amend the petition to add an additional cause of action for preliminary and permanent injunction based on allegations that Defendant has been accessing its water company equipment via a road on Plaintiff's proper that it has no right to. (Declaration of Andrew W. Hays (Hays Dec.), ¶ 2.) Plainti...

Excerpt: ... and fair dealing re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. On July 18, 2022, both Defendants (hereinafter referred to as Cross‐Complainants) filed a first amended cross‐complaint (FACC) against Plaintiff and Joanne Russell (collectively referred to herein as Cross‐Defendants) asserting causes of action for (1) breach of contract, (2) fraud...

Excerpt: ... by Accessor's Parcel Number 017‐041‐036 in San Luis Obispo (“Property”). Pavao originally took title with Michael Szulborski (“Szulborski”), unmarried, on April 5, 2019. (Complaint ¶ 4.) At the time, Pavao and Szulborski were in a long‐term relationship but are no longer. (Id.) Pavao and Szulborski purchased the vacant land with the intention of establishing a cannabis farm. (Id.) Pavao put in the funds and was 80% owner while Szu...

Excerpt: ...ow moves pursuant to Code of Civil Procedure section 708.610, et. seq., to appoint a receiver for the purpose of transferring Rabbit Ridge's interest in two liquor licenses and for an order applying the proceeds from the sale of the licenses. The motion was served by mail on Rabbit Ridge by Leroy Codding, its registered agent and CEO. No opposition is on file. The Court grants Aggreko's Request for Judicial Notice (RJN) of the judgment in this ma...

Excerpt: ...es pursuant to Code of Civil Procedure section 437c for summary judgment on the complaint or in the alternative summary adjudication as to damages and each of the causes of action. Plaintiff opposes the motion. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding if it is contended that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a)(1).) A party may, in the alter...

Excerpt: ... the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher a...

Excerpt: ...s Mondragon 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 $194,663.20. Now before the Court is Plaintiff's Application for the Right to Attach Order and Order for Issuance of Writ of Attachment (“Application”) a...

Excerpt: ...ants' special motion to strike pursuant to Code of Civil Procedure section 425.16 (“anti‐SLAPP statute”) and dismissed the matter. Now before the Court is Defendants' motion for mandatory attorney fees and costs pursuant to Code of Civil Procedure 426.16(c).1 Under this section, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th.1122, 1131‐32.) Thus, ...

Excerpt: ...ot 1), which is located in a neighborhood known as Spanish Lakes (the Development). The Development is subject to both the Davis‐ Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.; the Davis‐Stirling Act) and a Declaration of Covenants, Conditions and Restrictions, which was recorded in December 1999 (the CC&Rs). (Cmp., Ex. 1.) The Association exists to serve the Development, and the Water Company provides water to the Deve...

Excerpt: ...tiff alleges that on this date, a murphy bed in her room was negligently maintained and set up so that a bar was sticking out into a pathway. Plaintiff alleges she tripped over this bar, suffering three pelvic fractures which required hospitalization. Plaintiff alleges she has constant pain, uses a cane, and has sustained medicals of more than $100,000. On May 8, 2020, a registered process server served both Defendants with the summons, complaint...

Excerpt: ... before the Court is Defendants' demurrer or in the alternative motion to stay on the grounds that another action is currently pending and that the primary rights doctrine prohibits Kimball from splitting a cause of action and maintaining two separate lawsuits. Defendants allege that Plaintiff only filed the Second Action because the parties could not agree on allowing Plaintiff to file an amended complaint in a different pending action. Plaintif...

Excerpt: ...y evidentiary hearing, on August 1, 2022, this Court (Hon. Hernaldo J. Baltodano, presiding) issued a ruling in Petitioners' favor, ordering a three‐year civil harassment order against Respondent. On August 23, 2022, Petitioners filed a cost memorandum seeking $7,660.70 in costs. Now before the Court is Respondent's motion to tax costs. Respondent first argues that Petitioners' memorandum of costs is untimely. A memorandum of costs must be serv...

Excerpt: ...tiff alleges that Jefferson is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the Property) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the Fence) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document N...

Excerpt: ..., and specifically a sum of $60,000 rent paid in advance. Plaintiff alleges Defendants misrepresented or concealed various conditions, including that they were subtenants and not authorized to sublease. On May 7, 2021, Plaintiff filed proofs of personal service of the summons, complaint and related documents on Dugan, Eagle Oak and Raylyn Farms. The documents were served by a registered process server on April 5, 2021. No response was filed or se...

Excerpt: ...s of record in the amount of $2,205. Ford opposes the motion. Plaintiff served his first set of requests for production (RFPs) on May 17, 2022. (Declaration of Armando Lopez (Lopez Dec.), ¶ 3; Ex. A.) On June 16, 2022, Ford served responses. (Id., ¶ 4; Ex. B.) Plaintiff contends the responses were not code‐ compliant, contained numerous objections, and failed to include a production of documents. (Ibid.) On June 27, 2022, Plaintiff initiated ...

Excerpt: ...ner in a personal injury action against the other driver (Case No. 18CVP‐0338).1 The personal injury action ultimately settled for $37,000. CCPMS and Galileo asserted liens, totaling $23,475.36, against the settlement proceeds. After payment of attorney's fees and costs, Harris currently holds $16,165.02 in her client trust account. In light of the competing claims, Harris filed this complaint in interpleader on April 20, 2022, against CCPMS, G...

Excerpt: ...court places its imprimatur when submitted to the clerk for entry. [Citation.]” (Efstratis v. First Northern Bank (1997) 59 Cal.App.4th 667, 672 (Efstratis).) The Confession of Judgment was accompanied by the required declaration of counsel confirming he had advised his clients, Nicola Allegretta and Carmen Escobeda (Defendants), of the waiver of their rights and defenses under the confession of judgment procedure. (Merzon Supp. Decl., ¶ 2; Co...

Excerpt: ...26, 2022 after the Court sustained, in part, Defendant Puckett's demurrer. A hearing on the Plaintiff's motion for preliminary injunction was held on July 12, 2022 at which time the Court denied the Plaintiff's motion. Now before the Court is Plaintiff's motion for reconsideration pursuant to Code Civil Procedure section 1008. Under that section, a party affected by a prior court order “may, within 10 days after service upon the party of writte...

Excerpt: ...ed the demurrer as to the defamation claim and granted leave to file an amended complaint against Puckett for intentional infliction of emotional distress. On April 26, 2022 Plaintiff filed her First Amended Complaint (FAC). The FAC outlines the escalating feud between the parties regarding noises alleged caused by roosters, dogs and explosives kept or used by Defendants. As a result of the ongoing conflict, Puckett3 and Beltran III4 both obtaine...

Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...

Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...

Excerpt: ...ight aka Ryan Petetit; PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. N...

Excerpt: ... causes of action for (1) quiet title, (2) quiet title to easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. This is a neighbor dispute. The Mullaney Plaintiffs are alleged to own real property located at 2866 Corte de Mayo in Arroyo Grande (the Mullaney Property). (Compl., ¶ 7.) The Hamilton Plaintiffs are alleged to own real property located at 504 Mesa View Drive in Arroyo ...

Excerpt: ... is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the “Property”) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the “Fence”) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document No. 16590 and su...

Excerpt: ... by an authorized dealership in California1 . (Compl., ¶ 9.) Plaintiff further alleges that she submitted the Fiesta to PRF for substantial repair on at least on occasion. (Compl., ¶ 50.) Plaintiff's complaint alleges seven causes of action: 1) Violation of Subdivision (D) of Civil Code section 1793.2, against FMC, based on FMC's Express Written Warranty (Exh. A to the Compl.); 2) Violation of Subdivision (B) of Civil Code section 1793.2 agains...

Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...

Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...

Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...

Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...

Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...

Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...

Excerpt: ... Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...

Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...

Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...

Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...

Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certifica...

Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...

Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...

Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...

Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...