Excerpt: ...d the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, 2020, filed a Second Amended Complaint (“SAC”). The parties met and conferred further but were unable to come to a resolution. The County demurred 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. The County's demurrer was overr...

Excerpt: ...ng‐Beverly Act; (3) violation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. On March 26, 2020, Plaintiff accepted Defendants' Code of Civil Procedure section 998 Offer to Compromise in the amount of $159,968.94 (the 998 Offer). Plaintiff now move...

Excerpt: ...own 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 First Amended Complaint on July 8, 2019, and...

Excerpt: ...pt HVAC technicians. Plaintiffs' second amended complaint (SAC) 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 Private Attorneys General Act (PAGA). This action has ...

Excerpt: ...aintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). Plaintiff now brings a motion for appointment of counsel with good cause. Plaintiff has brought such a motion multiple times, and each time has been denied. Plaintiff argues that due to the COVID‐19 pandemic and tha...

Excerpt: ...an uninsured 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 v...

Excerpt: ...s out of a July 17, 2017, wildfire started as a result of roadwork on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County and asserting causes of...

Excerpt: ...ses of action under the Labor Code, Business and Professions Doe sections 17200, et seq., and the Private Attorneys General Act (Labor Code sections 2698, et seq.). The parties mediated this action and subsequently Plaintiff's counsel, David Spurr, and Defendants' counsel executed a Memorandum of Understanding resulting from a mediator's proposal. (Perry Decl., ¶ 4; Exh. A.) Plaintiff and Defendants thereafter executed a Class Action Settlement ...

Excerpt: ...ureds' property in Creston, California, which caused a fire and damage to Plaintiff's insureds' property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds' rights to pursue the responsible parties for causing the loss, up to the amount paid. Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint...

Excerpt: ...t granted Plaintiff's motion to compel Defendant to produce documents and things, including production of the jewelry at issue. The Court ordered Defendant to produce documents and things and pay sanctions to Plaintiff's counsel on or before March 7, 2020. Defendant apparently failed to comply with the March 7, 2020 deadline. Now before the Court is a motion from Plaintiff stylized as a “motion for discovery sanctions including entry of default...

Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...

Excerpt: ...nty YMCA as defendants. PCC now moves for summary judgment, or in the alternative, summary adjudication, pursuant to Code of Civil Procedure section 437c. PCC moves on the grounds that Plaintiff has failed to present any competent evidence creating a triable issue of material fact that Plaintiff's claims against PCC have any merit. Plaintiff's action arises out of a February 11, 2017, fall by Plaintiff when she attempted to walk up fixed bleacher...

Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...

Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...

Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...

Excerpt: ...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. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plain...

Excerpt: ... 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 used her property in such a way that untreated sewage from an unpermitted septic tank has flowed from the Powell Property to Plaintiff's Property. Plaintiff also alleged that...

Excerpt: ...her share of 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 th...

Excerpt: ...pany of Los Angeles, LLC and EAN Holdings, LLC (collectively “Defendants”) now move for an order compelling Plaintiff to provide further responses to Defendant's Form Interrogatories, Set One, Nos. 2.3, 4.1, 4.2, 17.1 (the “Interrogatories”) and Defendants' Requests for Admissions, Set Two, Nos. 1‐4 (the “RFAs”). Defendants further move for imposition of monetary sanctions against Plaintiff in the amount of $22,220. (Dorenbaum Decl....

Excerpt: ...of Labor 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 Anthony; 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 wr...

Excerpt: ...ively, “Respondents”). Since that time, the matter has been continued by stipulation of the parties as they engaged in settlement discussions. On April 20, 2020, Petitioner 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 t...

Excerpt: ... September 13, 2019, Plaintiff names 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 Lopez; Santa Barbara County Counsel Maria Novatt; Judge Jean Dandona; Public Defender Daniel Murphy; Loss and Prevention for the County of Santa Barbara Samantha Francis; Foster Agency Blanca Diaz; and Santa Barbara Coun...

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: ...Obispo County YMCA as defendants. First Assembly of God of Arroyo Grande (“Defendant”) now moves to compel Plaintiff to submit to a neuropsychological examination. The parties have extensively met and conferred, Plaintiff agrees to submit to an examination, and the parties generally agree on the terms of the examination. The examination is to be conducted by George K. Henry, Ph.D. (“Dr. Henry”), in order to ascertain the nature and extent...

Excerpt: ...urance agreement (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,...

Excerpt: ...ring on the permanent injunction on August 10, 2017, and both the County and Defendant appeared. Defendant was sworn in and testified at the hearing. Thereafter on August 31, 2017, this Court entered a Final Judgment and Permanent Injunction against Defendant (the “Order”). The Court retained jurisdiction to enforce the injunction. Currently before the Court are an Order to Show Cause (“OSC”) re: Contempt, which was set upon the ex parte ...

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: ...rvices and goods rendered, (3) unjust enrichment, and (4) promissory estoppel. Plaintiff's complaint alleges that a patient identified as C.R. had a total hip replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its...

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...

Excerpt: ...le accident that occurred on May 30, 2018 on Nacimiento Lake Drive, south of Steelhead Road. (Compl., ¶ 11.) Plaintiff alleges that Ms. Venardos drove Mr. Ortiz's GMC Sierra truck at approximately 55 mph. (Compl., ¶ 12.) Plaintiff alleges Ms. Venardos negligently and recklessly failed to navigate a corner, lost control fo the vehicle, and struck Plaintiff head‐on, causing Plaintiff's vehicle to sustain major damages. (Compl., ¶ 13.) Plaintif...

Excerpt: ...ntiff 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 t...

Excerpt: ...endant”). Defendant served responses on September 5, 2019. On October 2, 2019, Plaintiff's counsel sent a meet and confer letter to Defendant's counsel regarding Defendant's responses to the discovery. On October 15, 2019, Defendant served supplemental responses; verifications were received by Plaintiff on October 22, 2019. Plaintiff sent another meet and confer letter on November 13, 2019, regarding the supplemental responses to the Form Inter...

Excerpt: ...nty Act (Civ. Code, § 1790 et seq.; the “Act”). 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. Plaintiff states that at the tim...

Excerpt: ...n the lid on the cup she was given at the drive‐through window was not properly secured. The FAC further alleges that after the initial spill occurred, the “extremely hot coffee caused the Plaintiff to flinch, and then the entire cup of coffee spilled on her.” The FAC identifies St. Jude Enterprises, Inc. as the franchisee who owned and operated the restaurant, and the other two defendants as the parent companies (collectively, the “McDon...

Excerpt: ...ons Code section 7031, (7) warranty of fitness, and (8) declaratory relief. Plaintiffs' lawsuit concerns a residential and commercial vineyard property in Paso Robles. (FAC, ¶ 18.) Plaintiffs allege they entered into a contract with Woodard wherein Woodard agreed to supply, install, and oversee the installation of ten exterior doors and 25 windows at the property. (FAC, ¶¶ 19, 20.) Plaintiffs allege the doors and windows were negligently and c...

Excerpt: ...sulting in entry of her default on July 10, 2019. On October 23, 2019, Plaintiff and BBC reported that they had reached a conditional settlement. Under the settlement, BBC will pay $4,000 to Plaintiff in exchange for a full release and dismissal of all claims. BBC now seeks a court determination that the settlement was reached in good faith. The motion is unopposed. BBC contends that a non‐settling party has twenty‐five days to contest the mo...

Excerpt: ...graph 10 of the complaint alleges (1) general negligence; (2) an intentional tort; (3) violation of licensing laws; and (4) violations of the Public Records Act (Gov. Code, § 6250 et seq.; the “PRA”). It appears that the first three causes of action are alleged against Beraud and the fourth cause of action against Austin. (Cmp., ¶ 2.) The complaint alleges that Beraud, the responsible dietician, met with Plaintiff on October 12, 2018, follo...

Excerpt: ...nd (4) misappropriation of trade secrets. Plaintiff is a pest control business, and Mr. Hatfield is a former employee of Plaintiff. (FAC, ¶¶ 9, 10.) Plaintiff alleges Mr. Hatfield was terminated from employment on or about September 4, 2019. (FAC, ¶ 11.) Plaintiff alleges all three Defendants then “undertook an aggressive campaign to disrupt and interfere with Plaintiff's contractual relationships with its customers throughout San Luis Obisp...

Excerpt: ...replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its insured (i.e., C.R.) directly to Plaintiff. (Compl., Ex. A.) Plaintiff alleges that C.R. executed the Assignment prior to receiving any medical services or pr...

Excerpt: ... by a car fire which spread to Plaintiff's property on June 27, 2017. Plaintiff also alleges damages arising from the County's subsequent code enforcement when, after the fire, Plaintiff moved to a lot which he owns in Cambria, California. On November 5, 2019, the Court sustained Cal‐Fire's demurrer without leave to amend on the ground that Plaintiff failed to comply with the Government Claims Act. Cal‐Fire mailed out a Notice of Ruling two d...

Excerpt: ... on December 18, 2015, which sets forth causes of action against Defendants for breach of restrictive covenant and/or equitable servitude and declaratory relief.1 Plaintiffs also seek injunctive relief. The dispute concerns the construction of Defendants' home within the development known as Stoneridge II. Specifically, Plaintiffs allege the height of Defendants' home violates the Design Guidelines adopted for the development. On February 4, 2016...

Excerpt: ...pril 26, 2019, Plaintiff filed proofs of substituted service of the summons and complaint, one for each Defendant, indicating the documents and a Notice of Assignment and Case Management Conference were left at “500 Linn Rd., Paso Robles, CA 93446.” The proofs of service indicate that the documents were also mailed to this address on April 15, 2019. On June 3, 2019, defaults were entered against both Defendants. Mr. Sharp alleges he travels 3...

Excerpt: ...Further Responses to Request for Production of Documents, Set One, against Plaintiff, and a Motion to Compel Production of Records from City of Paso Robles pursuant to Evidence Code section 1043, against the City of Paso Robles (the “City”.) The Motion to Compel Further Responses to Request for Production of Documents is no longer at issue. Plaintiff filed a notice of non‐opposition, stating that he has complied with Defendants' request to ...

Excerpt: ..., and (6) restitution. Now before the Court is Defendant's motion for discovery orders “compelling responses to form interrogatories without objection,” “deeming admitted the facts requested admitted in Defendant's requests for admissions of fact and genuineness of documents,” and “for a terminating sanction and/or financial sanctions against Plaintiff and/or Plaintiff's counsel...in an amount of $4,169.35.” Defendant filed the instan...

Excerpt: ...t to enter Heritage Ranch and injunctive relief barring Willis from further trespass. Willis' default was entered on December 3, 2019. Currently on calendar, is Plaintiff's request for a preliminary injunction. There is no proof of service showing the motion was served on Willis. However, as a party in default, he is not entitled to service of notice or other papers, except for amendments to pleadings and amended pleadings. (Code Civ. Proc., § 1...

Excerpt: ...roup, Inc. (Paramount); Natural Healing Center, LLC (NHC); DMM Capital Group, LLC (DMM Capital); Prime Capital Venture, LLC (Prime); Action Investment Group, Inc. (Action), David Separzadeh1 , and Coker Ellsworth Development, LLC (Ellsworth), and alleges causes of action for: (1) anticipatory breach of contract; (2) breach of contract (implied covenant of quiet enjoyment); (3) breach of contract (implied covenant of quiet enjoyment); (4) breach o...

Excerpt: ...ded to deposit the checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 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 Chase (1) violation of various Commercial Code sections and (2) money had and received. ...

Excerpt: ... summary judgment, or in the alternative summary adjudication. Behjati opposes the motion. As the moving party, Wells Fargo 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Wells Fargo makes its prima facie showing, then the burden shifts to Beh...

Excerpt: ...rust; 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; 2130 Morro Bay, LLC; and Belsher Law, PC. The FAC asserts causes of action for (1) breach of promissory note; (2) breach of personal guaranty; (3) fraudulent conveyance; (4) conversion; (5) declaratory relief – Las Tablas Villas; (6) violation of Corporations Code section 177404‐10 ...

Excerpt: ...wam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $3,983.86. 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 notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that the Judgment, the contra...

Excerpt: ...2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. A year and a half later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). The dispute concerns Hansen's lease of commercial restaurant spa...

Excerpt: ...ontract” (the “Contract”), under which Plaintiff retained ownership of Winslow, as well as breeding rights until Winslow was six years old. 1 At that time, Plaintiff was to transfer full ownership to Defendant. 2 The Contract, and a subsequent March 2019 amendment, 3 set forth conditions for Winslow's care and required that Defendant return Winslow if any of the conditions could not be met. The Contract also gave Plaintiff the right to resc...

Excerpt: ...Kemp (“Defendant”), California Department of Transportation dba CalTrans and the State of California, arising out of an automobile collision occurring on US Highway 101 northbound near SR‐41 in the City of Atascadero. Plaintiffs' First Amended Complaint for Damages (“FAC”) alleges one cause of action for negligence against Kemp. Defendant has now brought two motions: 1) Defendant's Motion for Protective Order/Motion to Compel Plaintiff ...

Excerpt: ...ed litigation against Centex under a separate case number (16CVP‐0337). The two matters were subsequently consolidated. The homes at issue are part of the Cottages at Dove Creek and Collection at Dove Creek projects in Atascadero, California. Trial is set to begin on October 21, 2019. Centex seeks an order bifurcating the trial into two phases: (1) the construction defect claims, including all of Plaintiffs' claims and Centex's claims for indem...

Excerpt: ...red by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Procedural Background Defendant submitted a Request for Judicial Notice with 25 exhibits in support of its demurrer. A demu...

Excerpt: ... are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5 (“Section 122354.5”). On April 5, 2019, Plaintiffs propounded a first set of requests for production (“RFPs”) and Special Interrogatories on the Bark Defendants. The Special Interrogatories included only one interrogatory asking the responding parties to “[i]dentify each and every officer, director, founder, employee, ...

Excerpt: ...s was also survived by his wife, another daughter, and his step‐son. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special...

Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...

Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...

Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...

Excerpt: ...; (3) intentional infliction of emotional distress; and (4) violation of constitutional rights.1 The County demurs to the entire complaint on the ground that Plaintiff failed to comply with the Government Claim Act (Gov. Code, § 900 et seq.). In addition, the County demurs to the first, second, and third causes of action on the ground it has immunity under Government Code section 850.4. 1. The Government Claim Act “In general, no suit for mone...

Excerpt: ...igence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant on all six causes of action. His parents, the Toms, are named on the first and sixth causes of action. The Toms demur to both of those causes of action on the grounds that they (1) fail to state facts sufficient to constitute a cause of action; and (2) are barred by the relevant statu...

Excerpt: ...of service on file showing the motion was served on Defendant. Provided the notice issue is resolved, the Court intends to rule as follows: As the moving party, Discover Bank 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Discover Bank makes i...

Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...

Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...

Excerpt: ..., John Llerenas, attended an event at the Vineyard called the Midsummer Night's Dinner. (UMF No. 10.) At the event, guests were invited to participate in the stomping of the grapes. (Hooks Depo., 127:5‐7.) Participation in the grape‐stomping activity was entirely voluntary. (UMF No. 6.) Plaintiff wanted to participate in the grape‐stomping activity for the experience, because she was curious and thought it would be fun. (UMF No. 13.) Hooks ...

Excerpt: ...lation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. The complaint alleges that FCA concealed a known defect; specifically, the vehicle's “electrical architecture and/or its central gateway module, known as the [Body Control Module],” and the �...

Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...

Excerpt: ...ims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...

Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...

Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) 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 acc...

Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...

Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...

Excerpt: ... cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 The action arises from Landin's two admissions to Twin Cities, from October 1st to 7th, 2016, and October 20th to 21st, 2016. Dr. Blaney brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Blaney to summary judgment ...

Excerpt: ...ibald's vehicle collided with her bicycle, causing her injuries. Defendants demurred to the FAC on the grounds that Plaintiff has not and cannot allege that she fulfilled the mandatory filing requirements of the Government Claims Act (Gov. Code, § 900 et seq.) The Court sustained the demurrer without leave to amend. Plaintiff now moves to compel her former counsel, the Law Offices of Jonathan Kashani (“Kashani”), to turn over her entire orig...

Excerpt: ...errogatories, Set One, Special Interrogatories, Set One (including 61 special interrogatories plus a declaration pursuant to Code of Civil Procedure section 2030.040), and Request for Production, Set One (including 29 requests for production) (collectively the “Discovery”) on Plaintiff by mail. On February 19, 2019, when no responses were received, counsel for Defendants sent a meet and confer letter to Plaintiff requesting responses without ...

Excerpt: ...“Restaurants”). In August 2015, Clouston, in his capacity as managing member of the LLC, executed three contracts to sell the Restaurants and requested that Chicago Title Company (“CTC”) serve as the escrow holder for the purchase. CTC opened three escrows for the sale of the Restaurants on August 6, 2015. The estimated closing date was October 5, 2015. (UMF Nos. 1‐6.) On September 15, 2015, CTC informed the parties to the escrows that ...