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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31‐page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court den...

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

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