Excerpt: ...n July 2, 2018, Petitioner filed an Amended Petition. Respondent opposes Petitioner's request. Petitioner claims he suffered injuries while a passenger in an RTA bus, on September 27, 2016. Petitioner claims the bus was traveling southbound on Santa Rosa Street, turning right on Monterey, when the driver braked suddenly, causing the bus to hit a lightpole, shattering the passenger side windows. (Amended Petition, p. 6, ll. 15‐19.) Petitioner al...

Excerpt: ...iding coverage for any damages to the property located at 1039 Murray Avenue, Suite 120, San Luis Obispo, California 93405 (the “Subject Property”). (Compl., ¶ 10.) Plaintiff alleges Defendant “designed, manufactured, distributed, marketed, supplied, sold, assembled, and/or otherwise placed in the stream of commerce” a water heater, model number SR‐40/208, serial number 756841 (the “Water Heater”), in an office located at 1039 Murr...

Excerpt: ...de Defendant's confidential information, including financial account numbers and Defendant's social security number. Plaintiff now moves to redact Defendant's “personal identifiers” from the complaint. (Cal. Rules of Court, rule 1.201.) The motion is unopposed. Plaintiff seeks to replace the complaint with a redacted copy omitting all but the last four digits of Defendant's financial account and social security numbers. Plaintiff's counsel av...

Excerpt: ...s that on July 24, 2016, she visited the Property to access the beach below the Property, known as Shelter Cove. Plaintiff alleges the walkway down to Shelter Cove gave way, causing her to fall down to the beach below, sustaining injuries. (Compl., ¶ 8.) On the date of her injury, Plaintiff was not a paying guest at Defendant's Property, but rather visited the Property to access the beach, where she planned to meet her friends. (Def.'s Separate ...

Excerpt: ...t. Plaintiff alleges that Defendant had been drinking at the Cliffs' restaurant; that he was intoxicated at the time of the incident; and that Plaintiff and Defendant had an altercation prior to Defendant striking Plaintiff with his (Defendant's) vehicle. Plaintiff's complaint includes a claim for punitive damages against Defendant. Pursuant to Civil Code section 3295(c), Plaintiff now brings a motion for order allowing pretrial discovery of Defe...

Excerpt: ...y moved for an award of attorneys' fees ($68,549.60) pursuant to the parties' Operating Agreement and Civil Code section 1717.1 By its terms, Civil Code section 1717 applies only to actions “on a contract” and to fees “which are incurred to enforce that contract.” (See Santisas v. Goodin (1998) 17 Cal.4th 599, 615.) Defendant, however, did not explain how the claims in the three versions of the complaint were “on the contract,” i.e., ...

Excerpt: ...ten or oral; and (3) is uncertain. A demurrer challenges defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [citation].” (Berg & Berg (2009) 178 Cal.App.4th 1020, 1...

Excerpt: ... to enforce the judgment against Defendant through a wage garnishment. Defendant has filed a claim of exemption in which he reports (a) his gross monthly income as $2,000, and (b) deductions of $200 for required federal and state withholdings, and $50 for a wage garnishment filed by the Employment Development Department (“EDD”). In addition to the existing wage garnishment, Defendant reports that his net monthly expenses ($1,850) exceed his n...

Excerpt: ...ent's son, alleges he is also a current beneficiary. Respondent disputes this, contending Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is a division between Marital and Family shares. The Family Share trust became irrevocable upon Jerry McKibben's death. The Trust held six ...

Excerpt: ...the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) On February 14, 2017, Plaintiff filed a workers' compensation action with the California Workers' Compensation Appeals Board (“WCAB”) for recovery of compensation and benefits under California's Workers' Compensation Act (the “WC...

Excerpt: ... for Production of Documents (Set One) (“RFPs”), Special Interrogatories (Set One), and Form Interrogatories (Set One) on Defendant. On March 7, 2018, Jonathan Milder, Esq., Defendant's counsel, requested an extension of time to respond to the discovery request, which was granted through March 21, 2018. On March 21, 2018, Defendant served responses to the RFAs, Form Interrogatories, and Special Interrogatories, but failed to serve responses t...

Excerpt: ...itutional rights when he refused to accept mental health treatment from Dr. Kang‐Elliott. Dr. Kang‐Elliott is a medical doctor and part‐time psychiatrist at CMC. Mr. Sohner is a correctional officer at CMC. Defendants bring this motion for summary judgment (“MSJ”) on the ground that there are no triable issues of material fact that (1) Plaintiff has failed to timely or properly file a Government Tort Claim and therefore is barred from b...

Excerpt: ... Obispo. (Compl., ¶ 3.) Ms. Garrett was employed with Plaintiffs as Head of School at Eucasia's school, known as the Laureate School. (Compl., ¶ 6.) Plaintiffs further allege that Ms. Garrett formed Central Coast to “complete with Eucasia in the field of elementary education services.” (Compl., ¶ 8.) Plaintiffs further allege that Ms. Rowland is “responsible to some degree for the damages to the Plaintiff.” (Compl., ¶ 9.) Plaintiffs' ...

Excerpt: ...y, Coasthills 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.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving each element of the cause of action which entitles it to judgment. (Code Civ....

Excerpt: ...ant to the parties' Operating Agreement (the “Agreement”) and Civil Code section 1717.1 Section 1717 provides in pertinent part: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...

Excerpt: ...elope with a window that provided access to Plaintiff's personal information. The litigation was settled, and on October 12, 2017, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement and a Motion for Attorneys' Fees and Costs pursuant to Civil Code section 1788.30(c). (Cal. Rules of Court, rule 3.769.) There is no opposition. The settlement provides for a $35,000 administ...

Excerpt: ...cannot be repaired to the level of the express and implied warranties. The second amended complaint (“SAC”) includes one cause of action for violation of the Song‐Beverly Consumer Warranty Act (Act). (Civ. Code, § 1790 et seq., “the Act”). On February 13, 2018, one day before this lawsuit was set to go to trial, the Parties settled this matter after a mandatory settlement conference (“MSC”) with Defendant agreeing to pay Plaintiffs...

Excerpt: ...mpons and fail to issue female inmates “sanitary napkins and/or tampons as needed”, in violation of equal protection, the California Constitution, and section 1265 of Title 15 of the Administrative Code. Plaintiff alleges one cause of action in her FAC and seeks injunctive relief and orders, as well as an accounting and repayment of money paid by female inmates. Plaintiff makes class allegations, and her proposed class is defined as “all pa...

Excerpt: ....) As of June 4, 2018, the Santa Barbara County Sheriff's Department is holding $3,887.30. Defendant filed a claim of exemption contending the levied funds are wages and checking the boxes indicating that (1) his claim is made “pursuant to a provision exempting property to the extent necessary” for the support of Defendant and his dependents, and (2) the property claimed to be exempt is “tools, implements, materials, uniforms, furnishings, ...

Excerpt: ...mplaint‐in‐intervention pursuant to Code of Civil Procedure section 387. According to the motion, Plaintiff was working in the course and scope of his employment with Aqua Systems when the accident occurred. Aqua Systems, at the time, was insured by Great American. Great American alleges that it has paid workers' compensation benefits to Plaintiff in connection with the incident. Under Labor Code sections 3852 and 3853, the insurer has a stat...

Excerpt: ...s on the underlying note. McClure was served by personal service on April 4, 2018. Her default was entered on May 8, 2018, and a default prove‐up hearing set for June 4, 2018. That hearing was continued to the present hearing date. In the interim, McClure filed this motion to set aside default pursuant to Code of Civil Procedure section 473(b).1 In her supporting declaration, McClure states that (1) she contacted Rossi after the complaint was f...

Excerpt: ... Fact (“UMF”) 3.) Wendee Carr (“Defendant”), Mr. Carr's wife, is a signatory to the release with Ms. Perez's insurance company, which specifically states: “This is not to be construed as a release of any UIM claim.” (Compl., Ex. B.) At the time of the accident, Mr. Carr was insured under a policy of automobile liability insurance (“the Policy”) issued by Interinsurance Exchange of the Automobile Club (“Plaintiff”). The “Name...

Excerpt: ...er), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments. The City Defendants had allegedly owned, maintained, utilized, or sought to procure one of the dogs (named Neo) as part of their K‐9 police units. The City of Grover Beach filed a cross‐complaint for indemnification against the other Defendants (except ...

Excerpt: ...013, Defendant expressed her concerns to Plaintiff regarding the absence and makeup policy in his P.E. class, in which Defendant's son was enrolled. (Compl., ¶ 6.) Defendant's concerns stemmed from her son's C‐grade, which Plaintiff explained was due to several absences, per department policy. (Ibid.) Thereafter, Defendant allegedly began a campaign to overturn what she considered an unfair policy concerning absences, involving several other s...

Excerpt: ...eable debt under federal bankruptcy law. On October 6, 2017, the bankruptcy court returned the 2014 judgment to this Court. On January 5, 2018, Plaintiff was issued an Abstract of Judgment in the amount of $57,493.07 and a Writ of Execution in the amount of $57,968.07. On March 6, 2018, Plaintiff filed an Acknowledgment of Satisfaction of Partial Judgment, crediting Defendant for payments of $13,000. Plaintiff executed a bank levy on two of Defen...