Excerpt: ...ondemnation. 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 Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right‐of‐way between the Highway and the Property, which includes a curb that captures water ru...

Excerpt: ...ker Request. On August 6, 2020, Drucker filed a request for civil harassment restraining order (San Luis Obispo Superior Court Case No. 20CVP‐0253, the Drucker Request) seeking protection for himself and his family from Ober. Drucker's request for a temporary restraining order (TRO) was denied the same day1 . In his Request, Drucker claimed that Ober verbally harassed Drucker's wife, Regina Drucker. Drucker claimed that Ober stared into the Dru...

Excerpt: ...t 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.) Allegations in the Original Complaint. In her original verified complaint, Plaintiff alleges that she contacted Defendant Channon Clagg in June 2019. Plaintiff alleges she wanted to rent the ...

Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...

Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...

Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff 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 the amended complaint is that Defendants, in breach of their legal and contractual obligations ...

Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...

Excerpt: ...rty, (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. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...

Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...

Excerpt: ...e 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 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...

Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...

Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...

Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). 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. In November 2019, Plaint...

Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...

Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. 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 negligen...

Excerpt: ...ses 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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...

Excerpt: ...rough personal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both Defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187, to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss, and Katherine E. Diaz.1 The motion was not served on either Defenda...

Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...

Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...

Excerpt: ...omplaint 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. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...

Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...

Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...

Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...

Excerpt: ...mplaint (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 preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...

Excerpt: ... non‐exempt 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) un...