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

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

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

Excerpt: ...rrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...

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

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

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

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

Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and pr...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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