Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...

Excerpt: ...ight aka Ryan Petetit; PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable 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 TAC asserts thirteen causes of action against the various Defendants. N...

Excerpt: ... causes of action for (1) quiet title, (2) quiet title to easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. This is a neighbor dispute. The Mullaney Plaintiffs are alleged to own real property located at 2866 Corte de Mayo in Arroyo Grande (the Mullaney Property). (Compl., ¶ 7.) The Hamilton Plaintiffs are alleged to own real property located at 504 Mesa View Drive in Arroyo ...

Excerpt: ... is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the “Property”) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the “Fence”) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document No. 16590 and su...

Excerpt: ... by an authorized dealership in California1 . (Compl., ¶ 9.) Plaintiff further alleges that she submitted the Fiesta to PRF for substantial repair on at least on occasion. (Compl., ¶ 50.) Plaintiff's complaint alleges seven causes of action: 1) Violation of Subdivision (D) of Civil Code section 1793.2, against FMC, based on FMC's Express Written Warranty (Exh. A to the Compl.); 2) Violation of Subdivision (B) of Civil Code section 1793.2 agains...

Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...

Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...

Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...

Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...

Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...

Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...

Excerpt: ... 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. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...

Excerpt: ...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 affirmed 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 petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...

Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...

Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...

Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care 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 certifica...

Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...

Excerpt: ...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 affirmed 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 petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...

Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...

Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...

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...