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

Excerpt: ...unt) plus interest at the rate of 10% annually. Mr. Allan further awarded Petitioner $2,420.48 in administrative fees, expenses, and arbitration compensation and expenses. Thus, Petitioner was awarded $8,602.48 in total, to be recovered from Respondents. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure1 section 1285, et seq. Once an arbitration award has been confirmed and judgme...

Excerpt: ...a Hermesch (“Respondent”) was added as a beneficiary, along with other individuals. The Trust also named Respondent as the successor trustee. On May 13, 2018, Petitioner filed a petition seeking to invalidate the Trust. He thereafter filed a first amended petition (“FAP”) in July 2018, which alleged four causes of action. Petitioner alleges in the FAP that Respondent exerted control and undue influence over Decedent and that at the time s...

Excerpt: ...une 22, 2019, at 2515 Victoria Way in Cambria. Roberto now seeks $22,181 in unpaid invoices. On September 10, 2019, Defendant filed a cross ‐complaint against Roberto, Mercado Gardening & Hauling, and Alberto Mercado2 alleging causes of action for (1) unfair business practices, (2) violation of Business and Professions Code section 7031, (3) negligence, and (4) declaratory relief. The second, third, and fourth causes of action are pled against ...

Excerpt: ...the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals is...

Excerpt: ...f the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...4, 2018, Plaintiffs filed a first amended petition (FAP) for writ of mandate, purporting to allege causes of action for (1) ultra vires implementation of alleged land use changes in violation of vested rights, with disparate effect on minorities and insufficient government interest; (2) use of that law to unconstitutionally seize farms of minorities and low‐ income people for unjust enrichment of rich white people; (3) violation of due process ...

Excerpt: ...pi, California. On August 23, 2017, Plaintiff filed a lawsuit against Karim Rasheed, M.D. (“Defendant”) alleging Defendant improperly performed eye surgery on Plaintiff, namely, a pterygium excision with autograft on Plaintiff's right eye. Plaintiff 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 Pri...

Excerpt: ...e dispute arises out of the City's code enforcement investigation of property on which Holliday was residing. On August 4, 2015, city officials inspected the property and placed a Stop Work Order on a fence. The following day, Holliday went to the City's Clerk Office to dispute the Stop Work Order. Holliday videotaped his meeting, but was asked to stop recording by a City employee and a law enforcement officer. Holliday alleges that those request...

Excerpt: ...s 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. Plaintiff moves to for leave to file an amended complaint. Plaintiff's Complaint is a form complaint with one cause of action for negligence, which alleges that Defendant was grossly negligent in causing her injuries. Plaintiff's proposed First Amended Complaint (“FAC”...

Excerpt: ... that they each put into the Property (for which they each sought reimbursement). The Court held a trial on the matter in January 2019. On March 29, 2019, the Court issued a written decision in which it concluded that each party owned a one‐third interest in the Property, i.e., one‐third by Bello and two‐thirds by the Scotts. In addition, the Court concluded that the monies expended by Bello at the time of purchasing the Property and for ce...

Excerpt: ...Plaintiff now moves pursuant to Code of Civil Procedure section 708.170(a)(2) for sanctions against Defendant. Code of Civil Procedure section 708.170(a)(2) provides as follows: If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear [and] the person's failure to appear is without good cause,...

Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...

Excerpt: ...nd Restrictions for her condominium development by refusing to keep her dog on a leash or supervise her dog, resulting in the harassment of residents, as well as her alleged failure to keep her dog from barking excessively. On April 27, 2018, the parties mediated this case with Scott Radovich, which resulted in a settlement agreement between Knight and the Association. (Exhibit 1). The parties signed and submitted a Stipulation and Order Confirmi...

Excerpt: ...d Press Action.”) The complaint alleges that from July through September 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. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...

Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...

Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...

Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...

Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to...

Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...

Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...

Excerpt: ... (“Dr. Mulder”) (collectively “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 ...

Excerpt: ...gainst Ford include breach of express warranty, breach of implied warranty, concealment, intentional misrepresentation, and negligent misrepresentation. Now before the Court is Plaintiff's motion to compel further responses to requests for production. No opposition is on file. Analysis. On November 30, 2018, Plaintiff served his first set of requests for production (RFPs). (Ex. A.) On January 7, 2019, Ford served unverified responses to Plaintiff...

Excerpt: ...nd motion to strike the complaint, 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 ...

Excerpt: ... follows: In this event, [each party] shall choose a competent and impartial appraiser .... The appraisers will separately state the actual cash value, the replacement cost, and the amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. ... (Petition, Attach. 4(b).)1 A dispute arose between the parties regarding the cost of repairs caused by flood damage...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff 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”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) 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 property....

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff 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”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...

Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second Press Action.”) The complaint alleges that from July through September 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. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron...

Excerpt: ...aylor Living Trust of 2014, El‐Do, Inc., James Traylor, Catherine Winter, Brady Winter (collectively “Traylor/Winter Defendants”), David Crabtree, Home and Ranch Sotheby's International Realty (collectively “Realty Defendants”) and Farm Credit West. This action arises from Plaintiff's purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, Californi...

Excerpt: ...as Doe defendants. Westland Engineering and Hernandez Masonry have since been dismissed from the suit after each defendant executed a mutual release in exchange for a waiver of costs.1 TAG took the default of Jabraco, Inc. and Buena Geotechnical Services. As of September 2018, Barnhard was the sole remaining defendant in the action. On October 1, 2018, the Court held a readiness conference. At that time, Barnhard requested that the trial be conti...

Excerpt: ...98.6; (4) retaliation in violation of Labor Code section 6310; (5) failure to pay minimum wages; and (6) failure to pay earned wages and waiting time penalties. Plaintiff began working at KCSC as a Judicial Secretary on September 6, 2008. (Undisputed Material Fact [UMF] 1.) On April 24, 2015, Plaintiff became “Mental Health Court Coordinator,” a new position that entailed the same job duties Plaintiff had as Judicial Secretary, as well as add...

Excerpt: ...set of requests for production of Documents (“RFPs”). Ford responded on September 4, 2018. On October 17, 2018, Plaintiff's counsel sent a meet and confer letter setting forth their issues with Ford's responses, and proposing to extend the deadline for filing a motion to compel to November 9, 2018. (Morse Decl., Ex. C.) The deadline at the time of initiating the meet and confer process was October 24, 2018. (Code Civ. Proc., 2031.310(c), 2016...

Excerpt: ...alleges that on October 8, 2017, Defendant willfully and intentionally assaulted and battered Plaintiff, causing him to suffer a mild traumatic brain injury (i.e., concussion) and other physical injuries and medical expenses. At the time of the incident, Plaintiff was assisting his mother, Lauri O'Neill, in moving out of the home she shared with Defendant, as Ms. O'Neill and Defendant were in the process of a divorce. Now before the Court are the...

Excerpt: ... 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred to collectively). The first is a larger p...

Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...

Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello 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. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...

Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...

Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...

Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...

Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...

Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...

Excerpt: ..., Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to their respective properties f...

Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...

Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...

Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...

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

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

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

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

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

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

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

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

Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...

Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...

Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...

Excerpt: ...h Carolina. (See also 50 U.S.C. Appen. § 522(b).)2 Under that section, upon application by the service member, the Court must stay the action, “unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.” Christopher enlisted in the United States Army Reserve on August 30, 2017, and will serve thre...

Excerpt: ...rivate Attorneys General Act (“PAGA”; Lab. Code, § 2698, et seq.). Plaintiff has since dismissed all of her individual causes of action, and only the PAGA claim remains. On November 27, 2017, Sierra Vista filed a petition to compel arbitration, which this Court denied in an order dated February 28, 2018 (“Order”). Notice of Entry of the Order was entered on April 27, 2018. On June 26, 2018, Plaintiff filed a Notice of Appeal of the Order...

Excerpt: ...y the LLC and constructed by the Corporation. On February 27, 2018, Plaintiff served (a) special interrogatories (Set One); (b) form interrogatories (Set One); and (3) requests for production of documents (Set Two) on the LLC. That same day, Plaintiff served (a) special interrogatories (Set One); and (b) requests for production of documents (Set Two) on the Corporation. Responses were due on April 3, 2018. Plaintiff's counsel followed up with def...

Excerpt: ...independent retail service stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (“Eagle”) and Linda Schultze (“Ms. Schultze”) for the exclusive supply of gasoline products for a ten‐year term. According to the second amended complaint (“SAC”), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing”...

Excerpt: ...wage garnishment. Defendant has filed a claim of exemption in which he reports a net monthly income of $3,648.82;1 and expenses of $3,595 (a difference of $53.82). The Sacramento County Sheriff's Office reports that as of May 25, 2018, it was not holding any funds. In addition to Defendant's claim of exemption, the Employer's Return states there are two other earnings withholding orders currently in effect. One of which was received on May 17, 20...

Excerpt: ...the Motorhome is uninhabitable due to mold and contamination. Plaintiff sought leave from this court to file a First Amended Complaint (“FAC”), which was granted, and the FAC was filed on January 30, 2018. The FAC alleged two causes of action: 1) Breach of Implied Warranties Pursuant to the Song‐ Beverly Consumer Warranty Act; and 2) Elder Abuse pursuant to Welfare & Institutions Code section 15610.30. The FAC further pleaded a statutory en...

Excerpt: ...bt. (First Amended Complaint (“FAC”), ¶¶ 19, 21.) Plaintiff alleges she received written and telephonic communications from Defendant attempting to collect on the debt, which communications constituted a “debt collection” as that phrase is denied in the Act. (FAC, ¶ 22, citing Civ. Code, § 1788.2(b).) On August 18, 2017, Plaintiff advised Defendant in writing that she refused to pay the alleged debt, but Defendant has continued to con...

Excerpt: ...nergy, LLC and BKS Cambia, LLC with payment of the unpaid balance of the judgment entered in this action, which currently totals $3,836,883.63; and (2) directing the LLCs and all members thereof to pay any money or property due or to become due to the Judgment Debtor directly to Plaintiff until the amount remaining due on the judgment, plus accrued interest and post‐judgment costs thereon is paid in full. Judgment Debtor opposes the Motion. Thi...

Excerpt: ...ants filed a cross‐complaint against Plaintiffs, alleging causes of action for breach of contract and negligence. At a readiness conference on January 31, 2018, the Parties represented that they settled after mediation. The Parties agreed on the record that settlement would be enforceable by motion pursuant to Code of Civil Procedure, section 664.6. Plaintiffs now petition the Court for the mediation agreement to become a judgment, and request ...

Excerpt: ...the City in connection with Plaintiffs' development of 802 acres in the City of Atascadero (the “Project”).1 The Project, known as “Oak Ridge Estates,” includes the development of 111 residential units, a water tank parcel, and three open space lots (which total 251.66 acres). In March 1995, the City adopted Ordinance No. 286 which found the final Environmental Impact Report (“EIR”) on the Project adequate and established the Planned ...

Excerpt: ...Robert Tevis, April Tevis, “and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to Plaintiffs' claim of ownership or any cloud upon Plaintiffs' title thereto” (“Defendants”). Plaintiffs assert one cause of action to quiet title to prescriptive easement, and request a restraining order and permanent injunction. (Compl., passim.) Plaintiffs allege they, De...

Excerpt: ...ports of inadequate protocols and refusal to alter records in connection with the murder of a patient by another patient. (Ibid.) On January 19, 2018, Defendant filed a motion for summary judgment, which was set for hearing April 24, 2018. On March 22, 2018, Defendant filed a motion for judgment on the pleadings, also set for hearing April 24, 2018. On April 2, 2018, Plaintiff dismissed her lawsuit without prejudice. On April 11, 2018, Defendant ...

Excerpt: ...omplaint (“FACC”) against cross‐defendants, including the California Department of Housing and Community Development (“DHCD”). In his FACC, Wilson alleges that Wilkins gifted the mobile home to him. As to DHCD, Wilson alleges causes of action for negligent interference with a contractual relationship, intentional interference with a contractual relationship, and declaratory relief. (See FACC, pp. 15‐19.) DHCD demurred to the FACC on t...

Excerpt: ...isclosed. Parkside moves here for terminating sanctions based on Plaintiffs' failure to provide compliant discovery responses and failure to obey two Court orders compelling them to do so (“Motion”).1 Galgas joins the Motion and filed his own memorandum of points and authorities. Plaintiffs filed an untimely opposition to the Motion two court days before the hearing without leave of court or consent of counsel. On January 26, 2017, Parkside p...

Excerpt: ...e Relief and Declaratory Relief, against the City only, pursuant to the California Constitution, article 1, subsections 2 and 3, and Civil Code sections 52.1 and 52.3 (“SAC”). The SAC set forth two causes of action: for Violation of Right to Free Speech, and for Declaratory Relief. The SAC contained a separate section for “Damages on All Causes of Action” before the prayer. The City demurred to the first cause of action in the SAC. The Co...

Excerpt: ...nings withholding order with instructions on Defendant's employer, the United States Postal Service. The Sheriff's Office filed a “Return on Attachment/Execution,” indicating “No Employer's Return Received.” The Sheriff's Office further indicates that, while it previously held $773.47 under the writ of execution, the monies were “refunded to the defendant.” As of May 1, 2018, the Los Angeles County Sheriff's Office was not holding any...

Excerpt: ... Dr. Hernandez, Jamie Blair, LIC/Social Worker, John B., William B., Michael B.” (Compl., passim.) Plaintiff's form complaint alleges causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusio...

Excerpt: ...of Civil Procedure section 437c. The motion and supporting papers were served on Defendant on March 6, 2018. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to the cause of acti...

Excerpt: ...complaint relates to a loan modification she requested for real property located at 4321 La Panza Road, Creston, California (the “Subject Property”). (Compl., p. 1, ll. 26‐27; ¶ 2.) Plaintiff claims she and Defendant “orally agreed to undergo a loan modification review in good faith in May of 2017.” (Compl., ¶ 15.) Plaintiff alleges has provided all necessary documents to Defendant to process her request, but has received no response....

Excerpt: ...ing on Claim of Exemption, and a Notice of Opposition to Claim of Exemption. As of May 1, 2019, the San Francisco County Sheriff's Office is holding $355.10. Pursuant to Code of Civil Procedure section 706.050, Judgment Creditor is only entitled to garnish the lesser of: • 25% of Judgment Debtor's disposable earnings. (Code Civ. Proc., § 706.050(a)(1).) “Disposable earnings” are those earnings remaining after deduction of any amounts requi...

Excerpt: ...the Court ordered the matter dismissed, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6. Per the Stipulation's terms, Defendant was to pay Plaintiff the total sum of $7,500.00, with $625.00 due on or before the 19th of each month beginning June 19, 2017, through and including May 19, 2018. (Id. at Ex. 1, ¶ 5.) Defendant paid $1,875.00 to Plaintiff, but stopped making payments on or around August 18, 2017. (Burns...

Excerpt: ...o quit. Defendant originally filed a motion to quash the summons and strike the complaint, which requested was denied on November 7, 2017. Also on November 7, 2017, Defendant filed a petition to probate, Case No. 17‐PR‐ 0400, against Plaintiff (“the Probate Action”), seeking declaratory relief, acquisition of title by adverse possession, judgment for loan, equitable trust, for life estate, and for temporary restraining order and prelimina...