Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...

Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions Code sectio...

Excerpt: ...rrevocable 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. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...

Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...

Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...

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...

Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...

Excerpt: ...ivil action against Defendant. Plaintiff's complaint is captioned as “Verified Complaint in Equity to Set Aside Judgment Obtained by Extrinsic Fraud or Mistake; Default and Default Judgment Rendered by Court Lacking Jurisdiction over Defendant.” The crux of Plaintiff's civil action is that he was never served with process in the Collections Action, and the substituted service made on his alleged co‐tenant was ineffective. Thus, according to...

Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public 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 pr...

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...

Excerpt: ...motion for preliminary approval of class action settlement, which motion the Court granted on November 18, 2020. Now before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of 267 Class Members, defined as “all current and former employees who worked for Defendant in California at any time from April 25, 2018 through March 26, 2019.” The Parties have agreed to settle the class claims for a ...

Excerpt: ...s' fees under Code of Civil Procedure section 1021.5 (Section 1021.5). Legal Authority. Pursuant to section 1021.5, a trial court may ‘award attorney[ ] fees to a successful party against one or more opposing parties in any action [that] has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of...

Excerpt: ...g Statement identifying the Lender as “WebBank” and the Borrower as Defendant. Defendant filed an answer to the complaint on October 13, 2020. Now before the Court is Defendant's motion to compel arbitration. The Court is not in receipt of an opposition; a proof of service is on file. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocab...

Excerpt: ...ode of Civil Procedure section 426.50. Defendant's proposed cross‐complaint alleges claims for declaratory relief and reimbursement, no coverage and reimbursement, fraud and deceit, and negligent misrepresentation against Plaintiff. (Exh. 1.) Defendant contends that it learned of misrepresentations and concealments by Plaintiff when it received supplemental responses to written discovery on or about October 14, 2020. (Valdespino Decl., ¶ 2.) D...

Excerpt: ...ys General Act (“PAGA”). Plaintiffs and Defendants have now settled, and Plaintiffs move for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiffs served the motion and supporting documents on Defendants; no opposition or objection was filed. Plaintiffs seek an order: 1) Provisionally approving and certifying the Settlement Class; 2) Provisionally approving the Named Plaintiffs (ALEJANDRA GUZMAN, K...

Excerpt: ...ach, known as Tract #3043 (“Tract 3043”). On November 29, 2016, a Statement of Agreement was filed reporting the parties had participated in mediation which resulted in a conditional settlement. The matter has been on calendar for various status reports since that time.2 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)3 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 30...

Excerpt: ...ry on Defendant, including demands for production of documents, special interrogatories, form interrogatories, and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs now bring four motions: • Motion to Compel Defend...

Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...

Excerpt: ...d. Plaintiff previously moved for judgment on the pleadings, largely based on Defendants' failure to controvert the material allegations in the complaint based on their unverified answer. On January 12, 2021, this Court denied Plaintiff's motion for judgment on the pleadings, noting that Plaintiff's operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with ...

Excerpt: ...itration under both the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the California Code of Civil Procedure (§ 1280, et seq.)1 A. LEGAL STANDARD Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (§ 1281; see also Condee v. Longwood Mgmt. Corp. (2001) 88 C...

Excerpt: ...roperty in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. On December 21, 2018, the Court granted summary judgment in favor of the REDs, and dismissed them from this action. The crux of the dispute are Plaintiff's allegations that the Jensens knew, and failed to warn, o...

Excerpt: ...ranted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff filed her second amended complaint. On January 12, 2021, this Court heard argument on multiple demurrers and motions to strike filed by various Defendants. The Court sustained the demurrers with leave to amend and ordered Plaintiff to file a third amended complaint. Plaintiff se...

Excerpt: ...ouble vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On July 14, 2020, Plaintiff filed a Motion for Appointment of Counsel, which was denied on October 6, 2020. This was not Plaintiff's first motion seeking appointment of counsel; all such motions have been denied. Plaintiff also apparently served but did not file a Motion for Appointmen...

Excerpt: ...between the parties for Defendants' purchase of certain furniture, fixtures, and kitchen equipment related to the restaurant industry (the “FFE”). On September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). (Case No. 18CVP‐0323, the “Mullins Action.”) The dispute concerned Hansen's lease of commercial restaurant space located in Paso Robles, California (...

Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...

Excerpt: ...amended complaint on June 26, 2019, and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff's second amended complaint (SAC) named as Defendants: The County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lo...

Excerpt: ...proximate 3,600‐foot‐long road in Templeton, to which Plaintiff claims he is entitled in perpetuity. Defendants dispute this. Plaintiff alleges that Defendants caused a buyer for Plaintiff's property to cancel the purchase when Defendants claimed that no legal rights to the road exist. Plaintiff alleges he has been unable to market and sell the property due to Defendants' actions. On March 3, 2021, Plaintiff filed a notice of conditional sett...

Excerpt: ...es of action for discrimination and harassment based on ancestry, race, and national origin, as well as retaliation under the Fair Employment and Housing Act (“FEHA”), intentional infliction of emotional distress, wage and hour violations under the Labor Code, and unfair business practices under Business and Professions Code section 17200, et seq. On February 28, 2020, Plaintiff served Requests for Production (Set One) on Defendants. On June ...

Excerpt: ...set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, th...

Excerpt: ...ists of ten parcels, all of which are accessed by a paved common road (i.e., Camino Vina). The parties' dispute arises out of Defendants' lease of their real property to AvantStay, Inc., (“AvantStay”) which conducts a short‐term rental operation at the premises. Currently on calendar is Plaintiffs' motion for summary judgment, or in the alternative, summary adjudication. Plaintiffs argue that AvantStay's activities constitute a breach of Ar...

Excerpt: ...rved on November 10, 2020. The Defendants' default was subsequently entered on November 19, 2020, and a default judgment entered on February 11, 2021. Currently on calendar is Burchell's motion to set aside the default and default judgment, pursuant to Code of Civil Procedure section 473(b) (“Section 473”). Under Section 473, the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her based on...

Excerpt: ...f drugs, and that before she struck Plaintiff, numerous drivers called 911 to report Defendant's erratic driving. Now at issue are two motions relating to a neuropsychological examination of Plaintiff conducted on behalf of the defense by Dr. Mi‐Yeong Jo (“Dr. Jo”), on July 13, 2020, in Santa Barbara, California. Plaintiff filed a motion compelling the production of Dr. Jo's report, and for a monetary sanction of attorney's fees. However, a...

Excerpt: ... conservatorship remains in place with letters set to expire on June 1, 2021, the same date set for an evidentiary hearing on the petition for general guardianship. The impetus for the conservatorship proceedings were allegations that Diane was induced to convey her home, without consideration, to her daughter Maureen McCoy.2 In response, Diane asserts that she had good reason to convey her residence because it was facing foreclosure for unpaid t...

Excerpt: ...ust 10, 2017, the Court held a hearing on the matter and found that “Mr. Hafler is storing a recreational vehicle on his property in violation of San Luis Obispo County Code 22.30.040, which prohibits accessory storage on a site without an established principal use, such as a house.” (Judgment, filed 08/31/17.) The Court issued the requested permanent injunction and ordered Hafler to (among other things) “[i]mmediately remove all necessary ...

Excerpt: ...d Form Interrogatories ‐ Employment Law (Judicial Council form DISC‐002), set one on Faith. Faith provided verified responses on December 11, 2020. On January 7, 2021, Plaintiff's counsel sent a meet and confer letter outlining issues with Faith's responses to interrogatories 201.5 and 201.6. Faith had responded to both interrogatories with the same objections: Responding Party objects that the interrogatory is not reasonably calculated to le...

Excerpt: ...‐Beverly Warranty Act. Plaintiffs' lawsuit centers around their 2017 purchase of a 2013 GMC Acadia (the Subject Vehicle) from Defendant. (Compl., ¶¶ 4, 5.) Plaintiffs allege the Subject Vehicle had various defects and malfunctions including: gear shifting delay, motor mount failure, inoperable horn, faulty purge solenoid, rattle noise from air conditioning system, and steering/suspension issues. (Compl., ¶ 10.) Now before the Court are two m...

Excerpt: ...has been filed by Defendant Rass Holdings, LLC (Rass) against both Plaintiffs; Mondo Wine Estate, LLC; Carl Douglas Mondo; Tyler Chernack; and Alternative Real Estate Investments, Inc. dba Cannabis Real Estate Consultants (AREI). Rass's cross‐ complaint asserts twelve causes of action, six of which are pled against AREI: the fourth cause of action for fraud, the seventh cause of action for interference with contractual relationships, the eighth...

Excerpt: ...e section 2924; 2) Violation of Civil Code section 2923.6(c); 3) Violation of Civil Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her pers...

Excerpt: ...s of action for (1) financial elder abuse (against all Defendants); (2) physical elder abuse (against John1 and Carolyn); (3) neglect (against John and Carolyn); (4) isolation (against John and Carolyn); (5) undue influence (against all Defendants); (6) breach of fiduciary duties (against all Defendants); and (7) negligence (against all Defendants). There is a related probate action (San Luis Obispo Superior Court Case No. 20PR‐0152) filed May ...

Excerpt: ...ending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Italics added.) According to t...

Excerpt: ...ff now brings a motion pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed first amended complaint to clarify allegations in her complaint and add a claim for punitive damages. (Griffith Decl., ¶ 4; Exh. 11.) Defendant opposes the motion. No reply was filed by Plaintiff. I. Legal Standard “[T]here is a strong policy in favor of liberal allowance of amendments.” (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290,...

Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court Plaintiff's motion to compel Defendant's further response to special interrogatories. Plaintiff seeks further responses to interrogatory numbers 6, 7, 8, 9, 10, 11, 18, 27, 28, 29, 30, 31, 33, 34, 36, 38, 39, 40, 41, 42, 43, 44, and 45. Defendant asserted objections, only, to all these interrogatories, with the exception of no...

Excerpt: ...he breeding of a foal and the boarding and care of the baby and its mother. Plaintiff has been caring for and feeding the mare and foal since 2017, and its damages continue to accrue. Plaintiff filed proof of personal service on Defendant, but Defendant has not appeared. Default was entered on February 5, 2019. On December 18, 2019, this Court granted Plaintiff a continuance to submit its default judgment package due to challenges faced by Plaint...

Excerpt: ...of Transportation. Plaintiff's first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisance, and inverse condemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Hig...

Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Defendant's motion to compel Plaintiff to provide further responses to special interrogatories. With its motion, Defendant requests an order compelling Plaintiff to respond to special interrogatories, set three, without objection and for financial sanctions against Plaintiff “in an amount deemed reasonable by this Court.�...

Excerpt: ...�exempt HVAC technicians. Plaintiffs' second amended complaint alleges causes of action for (1) failure to provide rest breaks, (2) failure to provide meal periods, (3) failure to pay all wages earned for all hours worked [at] the correct rates of pay, (4) wage statement penalties, (5) waiting time penalties, (6) failure to indemnify, (7) unfair competition, and (8) civil penalties under the Labor Code Private Attorneys General Act of 2004 (Labor...

Excerpt: ...vil Procedure section 473(b) (“Section 473(b)”). In support of the motion, Plaintiff explains that on February 21, 2020, it submitted its renewal of judgment package to the court, and received notice from ABC Legal Services that the case was not available for e‐filing and to contact the court to migrate the case.1 Plaintiff states that “[d]due to the Covid‐19 pandemic, the stay at home order and court closures, Plaintiff was unable to s...

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District 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 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 den...

Excerpt: ...failure to provide notice of sick leave, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Plaintiff's motion for evidence and monetary sanctions, a protective order, and disqualification of Defendant's counsel. (Code Civ. Proc., § 2023.030.) Defendant filed an untimely opposition, which Plaintiff has addressed on reply. Plaintiff specifically requests: (1) An order prohibit...

Excerpt: ...t enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) Allegations in the Original Complaint. In her original verified complaint, Plaintiff alleges that she contacted Defendant Channon Clagg in June 2019. Plaintiff alleges she wanted to rent the ...

Excerpt: ...ondemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right‐of‐way between the Highway and the Property, which includes a curb that captures water ru...

Excerpt: ...ker Request. On August 6, 2020, Drucker filed a request for civil harassment restraining order (San Luis Obispo Superior Court Case No. 20CVP‐0253, the Drucker Request) seeking protection for himself and his family from Ober. Drucker's request for a temporary restraining order (TRO) was denied the same day1 . In his Request, Drucker claimed that Ober verbally harassed Drucker's wife, Regina Drucker. Drucker claimed that Ober stared into the Dru...

Excerpt: ... An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer filed a cross‐complaint for fraud, neglige...

Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...

Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...

Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of the amended complaint is that Defendants, in breach of their legal and contractual obligations ...

Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...

Excerpt: ...rty, (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.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...

Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...

Excerpt: ...e 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 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...

Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...

Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...

Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. In November 2019, Plaint...

Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...

Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. 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 negligen...

Excerpt: ...ses of action for (1) inverse condemnation, (2) dangerous condition of public 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.) On November 2, 2020, the Individual Defendants filed an ans...

Excerpt: ...rough personal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both Defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187, to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss, and Katherine E. Diaz.1 The motion was not served on either Defenda...

Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...

Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...

Excerpt: ...omplaint on June 26, 2019 and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...

Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...

Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...

Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...

Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...

Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...

Excerpt: ... non‐exempt piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) un...

Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...

Excerpt: ...mplaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public 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.) Now before the Court is Plaintiffs...

Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...

Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...

Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...

Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...

Excerpt: ...ol business property located in Templeton. An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer fi...

Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...

Excerpt: ...r about June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alle...

Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...

Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...

Excerpt: ...plaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi's ve...

Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...

Excerpt: ...rchase of real property in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining Defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...

Excerpt: ...il Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related t...

Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...

Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...

Excerpt: ...is 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. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...

Excerpt: ... Obispo County. The first on Kiler Canyon Road in Paso Robles and the second on Vine Street in Paso Robles. Plaintiffs filed a first amended complaint on March 14, 2018, which Defendants answered in September 2018. At a settlement conference held on February 21, 2020, the parties reported the matter as settled, stated the settlement on the record, and requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 (...

Excerpt: ...inverse condemnation, (2) dangerous condition of public 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.) Now before the Court is Plaintiffs' motion to compel further written responses to...

Excerpt: ...denial of Plaintiff's claim insurance claim for losses sustained in a burglary. Defendant now moves for summary judgment as to the complaint or, in the alternative, summary adjudication of 1) Plaintiff's first cause of action for breach of contract; 2) Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing, and 3) Plaintiff's prayer for punitive damages. Plaintiff opposes the motion. Plaintiff owns a ...

Excerpt: ...(“Urman”) now moves for a determination of good faith settlement between herself and Plaintiff pursuant to Code of Civil Procedure section 877.6(a). In addition to a determination that the settlement between Urman and Patterson has been made in good faith, Urman request an order that the following pleadings be dismissed with prejudice: 1. The First Amended Complaint filed on behalf of Plaintiff as against Urman, on or about June 26, 2019; 2. ...

Excerpt: ...eements in August 2019. The contracts were executed in Paso Robles, California, but performance was to occur both in Paso Robles and Shelby, Michigan. (Pecharich Decl., ¶¶ 3 ‐6, Ex. 1.) Paragraph 11(B) of the two consulting agreements 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 Agree...

Excerpt: ...s caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 and to quash a subpoena for production of business records served on North Coast Engineering (“NCE”) (the “Subpoena”), or in the alternative, for a protective order. Pla...