Excerpt: ...me causes of action. The FAC alleges that in 2011, Caltrans realigned and expanded existing Highway 46 causing the Wicks' home to vibrate, thereby interfering with their use and enjoyment of the property and causing physical damage to the structure of their home (e.g., cracks in the walls and ceiling). Currently before the Court is Caltrans' demurrer to the second and third causes of action. For the reasons set forth below, the Court overrules th...

Excerpt: ...Cities performed by Dr. Chalekson, which included implanting a mesh to prevent hernias. (FAC, ¶ 14.) The FAC alleges that the mesh used (i.e., Ventralight) by Dr. Chalekson during her procedure has been shown to be unreliable and the subject of numerous recalls. (FAC, ¶¶ 19‐20.) The FAC further alleges that after becoming very sick, Plaintiff went to the emergency room in April 2016, where a CT scan was performed showing she had a hernia and...

Excerpt: ...three parcels of real property that were distributed to Timothy Franklin and Kenneth Franklin from their parents' trust following the death of their mother and a contract agreeing to perform a lot line adjustment and create an access road easement to the parcels. Plaintiffs now move this Court for an order quashing four third‐party Deposition Subpoenas for Production of Business Records (“Subpoena” or collectively, the “Subpoenas”) serv...

Excerpt: ...s for an award of post‐judgment attorneys' fees and costs in the amount of $6,240.50 incurred in enforcement of the judgment pursuant to Code of Civil Procedure section 685.040. Code of Civil Procedure section 685.040 provides that: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwi...

Excerpt: ... Defendant formally dissolved as a corporate entity and was thereafter defended and indemnified in this action by Surry Six Holdings, LLC (hereinafter, “SSH”). SSH was added as a Doe defendant in this action on June 17, 2020. The parties settled the action. Currently before the Court is Plaintiff's motion for an order to enforce the settlement agreement and extend the dismissal date and for attorney's fees and costs. The Settlement Agreement ...

Excerpt: ...reement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery, and any ...

Excerpt: ...nferred further but were unable to come to a resolution. The County now demurs to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. Plaintiff opposes the demurrer. Plaintiffs' action arises out of a dispute she had, and is having, with her neighbors. Plaintiff sets forth extensive facts concerning this dispute. At the heart of he...

Excerpt: ...��) to Plaintiff's known vendors, and then proceeded to deposit these checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 Plaintiff seeks damages covering a three‐year period from September 2016 through June 2019. In response to the Court's ruling on a prior demurrer, Plaintiff filed a first amended complaint (“FAC”) on February 18, 2020. The FAC sets forth the f...

Excerpt: ...t of Barton County, Kansas, Case No. 2015‐CV‐000055. The original Kansas judgment was entered against Schaefers, Valentin Alexandrov (“Val”)1 and Jacob Gitman. On April 19, 2019, the Kansas Court of Appeals issued a 31‐page opinion affirming 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 p...

Excerpt: ...ort which was created during an investigation into his allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. Defendants responded by filing the demurrer and motion to strike currently on calendar. The demurrer argues that Claim I a...

Excerpt: ...nation in violation of public policy; (5) retaliation in violation of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. Plaintiffs' complaint alleges that, in 2007, they purchased Lindamar Industries, Inc., a company in the business of manufacturing custom plastic bags. (Compl., ¶ 7.) Plaintiffs allege that in 2016, Premier Packaging Group acquired Lindamar, and continued to...

Excerpt: ...fendants' motion for summary judgment. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Cal.App.3d 600, 604‐605.) The moving party has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to a judgment as a m...

Excerpt: ...ut performance was to occur both in Paso Robles and Shelby, Michigan. Paragraph 11(B) of both contracts provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agreement shall be governed by and construed and interpreted in accordance with the laws of California. The arbitration shall be held in Cal...

Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...

Excerpt: ...insured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served via su...

Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...

Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...

Excerpt: ...Interrogatories (Set One) and Special Interrogatories (Set One) (collectively the “Discovery”) on Sims, through her attorney of record. Sims responded on January 7, 2020, objecting to all of the Discovery requests as untimely under Family Code §218 and Code of Civil Procedure §2024.020 because trial on the post‐judgment1 pleadings before the Court was set for January 7, 2020. On January 24, 2020, Porter's counsel sent a letter to meet and...

Excerpt: ...his action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that with respect to each...

Excerpt: ...13. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The parties attended mediation on May 9, 2019, but no settlement was reached. On May 30, 2019, Ford accepted Plaintiff's section 998 offer. Plaintiff states th...

Excerpt: ...al infliction of emotional distress, quiet title, reconveyance, violations of the California Homeowner Bill of Rights, violations of Business and Professions Code section 17200 and declaratory relief, against Ditech, Affinia Default Services, and by way of Roe amendment, Federal National Mortgage Association (“Fannie Mae”). Motions to Compel Further Responses from Fannie Mae On August 9, 2019, McTeer served Fannie Mae with her first set of re...

Excerpt: ...ition to damages caused by the fire, Plaintiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. Plaintiff filed a first amended complaint (“FAC”) on August 26, 2019, which set forth seven causes of action. Both Cal‐Fire and the County filed demurrers to...

Excerpt: ...ff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligence, overruled the demurrer with respect to the second and thir...

Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...

Excerpt: ...d and wife. Plaintiff alleges CWS became delinquent on its account with Plaintiff and owes an outstanding balance of $43,502.91. On March 21, 2018, Mr. D'Amico, represented by counsel, filed an answer to the complaint. (D'Amico Decl., ¶ 3.) On June 5, 2018, Mr. D'Amico's former counsel withdrew from representation and Mr. D'Amico was in pro per. (Id. at ¶ 4.) Mr. D'Amico remained in pro per until December 27, 2019 when new counsel substituted i...