Excerpt: ...osit these checks into her personal accounts held at JP Morgan Chase Bank (“Chase”) and Ally Bank (“Ally”). Both of whom are also named as defendants along with Sierra and Wilde. The complaint alleges damages of $897,419.69 for checks covering a three‐year period ranging from September 2016 through June 2019. (Cmp., ¶ 13, Exs. 1‐3.) The complaint asserts two causes of action against Sierra (1) violation of various Commercial Code sec...

Excerpt: ...f the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, 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....

Excerpt: ...tinuing nuisance, (2) declaratory relief, and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell has used her property in such a way that untreated sewage has flowed from it to Plaintiff's Property. Plaintiff also alleges that the...

Excerpt: ...horized the $6,500 payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requ...

Excerpt: ...il conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove‐up hearing, a default judgment was entered against ZLG on July 15, 2019. ZLG now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473(b) and 473.5. Although not set forth in the caption for their motion, ZLG further argues the judgment should be set aside under section 473(d), as a v...

Excerpt: ...r for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation. Plaintiff argues in opposition that no legal authority supports this petition, and that none of the statutes or rules cited by Defendant authorize the Court to grant Defendant the relief she seeks. Plaintiff further argues that mediation would be futile. The statutes and rules cited by Defendant's motion, Code of Civil Procedure sectio...

Excerpt: ... Defendants). Plaintiffs' complaint alleges causes of action1 for (1) intentional interference with contractual relations (by Mr. Letters, Letters, Inc., and WCG), (2) intentional interference with prospective economic advantage, (3) violation of California Business and Professions Code (B&PC) section 17045, and (4) declaratory relief. Plaintiffs allege they are each separate, independent retail services stations with fuel dispensaries who entere...

Excerpt: ...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 contract, Eagle improperl...

Excerpt: ...ter two small claim actions filed against Goodan were filed on August 2, 2019. Each of these matters is on calendar today for a case management conference. On September 3, 2019, Bella, the Ellises, Goodan, Grief, and the Harmony Ranch Association (the “HRA”) filed this action against the Pelfreys (19CVP‐0288). The dispute arises out of a shared road (easement), known as Harmony Ranch Road, which services six parcels of property. The Pelfrey...

Excerpt: ... payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requests costs of suit...

Excerpt: ...ed by the San Luis Obispo County Department of Planning and Building (the County) to Petitioner, alleging she was engaging in “unlawful cannabis activity” on the Property in violation of the County Code. (Pet., p. 2, ll. 17‐23.) To abate the nuisance, Petitioner alleges she was ordered to destroy all cannabis plants on the Property. (Pet., p. 2, l. 28.) Petitioner alleges that a hearing on the Notice was held June 8, 2018, during which time...

Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...

Excerpt: ...At the MSC, the matter settled as to Giordano only. The Court approved the terms of the settlement as cited into the record, ordered the parties to comply with the executory provisions thereof, and ordered the agreed disposition enforceable by motion pursuant to Code of Civil Procedure section 664.6. Giordano agreed to have an automatic deduction from his bank account sent directly into the Plaintiffs' account. (Exh. A, 4:2‐5.) Plaintiffs' coun...

Excerpt: ...2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals issued a 31 page opinion affirming the trial court's fra...

Excerpt: ...rocedure sections 395 and 397, to transfer venue on the grounds that venue in San Luis Obispo County is improper, as Defendant is a resident of Santa Clara County. Plaintiff opposes the motion. Defendant sent correspondence to Plaintiff prior to filing her motion, seeking to have Plaintiff transfer venue. Plaintiff refused. Code of Civil Procedure section 395(a) provides that: [I]f a defendant has contracted to perform an obligation in a particul...

Excerpt: ...il (Set One) (the “Interrogatories”), and Request for Production of Documents (Set One) (the “RFPs”). The RFPs contained six requests for production. (Arakawa Decls., Exhs. 1.) On April 17, 2019, Plaintiff mailed a letter to Defendant asking for responses and attempting to meet and confer. (Arakawa Decls., Exhs. 2.) No response to the letter was received, and no responses to the Interrogatories or the RFPs were received. (Arakawa Decls., ...

Excerpt: ...fenses. Now, before the Court is Plaintiff's motion for judgment on the pleadings1 . A plaintiff may move for judgment on the pleadings on the ground that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438(c).) Here, Plaintiff's motion is based on Defendant's answer, wherein she admits al...

Excerpt: ...persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in the cross‐complaint, and ROES 1 to 20, inclusive, Cross‐Defendants. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Vacate the Judgment under CCP §473 Plaintiff/Cross‐Defendant Timothy Mattson (“Mattson”) filed this action against Defendants/Cross‐Complainants Chelsey Baker and Jer...

Excerpt: ... The Complaint alleges causes of action for financial elder abuse, unjust enrichment/restitution, fraud and declaratory relief with regard to financial and other issues related to real property located at 16555 Morro Road in Atascadero, California (“Property”). On October 10, 2017, the Bakers filed a Cross‐Complaint for Partition of Real Property against Mattson, Linda Riley (“Riley”), and various entity defendants seeking a judgment pa...

Excerpt: ...otion is nonetheless still denied. RULING Castlerock Development and K&M Holding Corporation (collectively, “Plaintiffs”) initiated this litigation on November 29, 2016, against the City of Atascadero (the “City”). A first amended complaint and petition for writ of mandate (“FAC”) was filed on January 31, 2017. The FAC challenges certain development impact fees imposed by the City in connection with Plaintiffs' development of 802 acre...

Excerpt: ...or judgment on the pleadings. There is no opposition.1 Prior to initial hearing on this matter, the Court posted a tentative ruling (1) directing the parties to participate in a meaningful meet and confer as required by Code of Civil Procedure section 439(a); and (2) directing Capital One to submit a declaration confirming compliance with that section. At the hearing on July 17, 2018, the Court was informed that the parties had not yet met and co...

Excerpt: ...st since 2007, and was misclassified as an exempt employee. The complaint alleges that each Defendant is the alter ego of the other. (Cmplt., ¶¶ 17‐18.) The individual Defendants Quinn and Nichols demur to the entirety of the complaint on the grounds that it does not state facts sufficient to constitute a cause of action; and also move to strike specific lines in the complaint which reference “Labor Code §§ 558, 558.1 and other.”1 Speci...

Excerpt: ...�Defendants”). The Defendants may oppose the motions orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No opposition has been received to any of Ken's motions. However, even when unopposed, the trial court is required to determine no dispute of material fact exists and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c(c).) Ken alleges he is the owner of real property located a...

Excerpt: ...ded complaint (“FAC”) alleges it operates a retail jewelry store located at 734 Main Street, Suite 1, Cambria, California 93428. (FAC, ¶ 2.) Plaintiff alleges that on January 11, 2017, Plaintiff entered into a Customer Agreement (the “Agreement”) for the purchase and installation of a security alarm system with Defendant, which system included a police monitoring alarm, monitoring plan, security camera, a three‐year alarm warranty, qua...

Excerpt: ...ey Damages and Indemnification was filed on November 29, 2017 (“Complaint”). Plaintiffs' first three causes of action were pleaded against Randy only, and Plaintiffs' fourth cause of action for indemnity was pleaded against Fidelity only. Fidelity demurred to the Complaint on the grounds that the fourth cause of action for indemnity was barred on its face by the statute of limitations. This Court granted Fidelity's demurrer with leave to amen...