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: ...(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 ...