Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...

Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...

Excerpt: ...nd Defendants' guides 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. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...

Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...

Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...

Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...

Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...

Excerpt: ...ol business property located in Templeton. 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 fi...

Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...

Excerpt: ...r about 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 alle...

Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...

Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...

Excerpt: ...plaint (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” Mr. Terrizzi's ve...

Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...

Excerpt: ...rchase of real property 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. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...

Excerpt: ...il 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 personal residence, and arises out of Plaintiff seeking a loan modification related t...

Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...

Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...

Excerpt: ...is allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...

Excerpt: ... Obispo County. The first on Kiler Canyon Road in Paso Robles and the second on Vine Street in Paso Robles. Plaintiffs filed a first amended complaint on March 14, 2018, which Defendants answered in September 2018. At a settlement conference held on February 21, 2020, the parties reported the matter as settled, stated the settlement on the record, and requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 (...

Excerpt: ...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' motion to compel further written responses to...

Excerpt: ...denial of Plaintiff's claim insurance claim for losses sustained in a burglary. Defendant now moves for summary judgment as to the complaint or, in the alternative, summary adjudication of 1) Plaintiff's first cause of action for breach of contract; 2) Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing, and 3) Plaintiff's prayer for punitive damages. Plaintiff opposes the motion. Plaintiff owns a ...

Excerpt: ...(“Urman”) now moves for a determination of good faith settlement between herself and Plaintiff pursuant to Code of Civil Procedure section 877.6(a). In addition to a determination that the settlement between Urman and Patterson has been made in good faith, Urman request an order that the following pleadings be dismissed with prejudice: 1. The First Amended Complaint filed on behalf of Plaintiff as against Urman, on or about June 26, 2019; 2. ...

Excerpt: ...eements in August 2019. The contracts were executed in Paso Robles, California, but performance was to occur both in Paso Robles and Shelby, Michigan. (Pecharich Decl., ¶¶ 3 ‐6, Ex. 1.) Paragraph 11(B) of the two consulting agreements provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agree...

Excerpt: ...s caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 and to quash a subpoena for production of business records served on North Coast Engineering (“NCE”) (the “Subpoena”), or in the alternative, for a protective order. Pla...