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: ...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: ... 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: ...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: ...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: ...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: ....) 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...

Excerpt: ...weeks. Plaintiffs have yet to file a proof of service of Summons via publication. (See Code Civ. Proc., § 415.50(c); Gov. Code, § 6064 [service completed on the 28th day following the first day of publication].) Now, before the Court is Plaintiffs' “Petition (Motion) for Mediation Agreement to Become a Judgment, Court to Retain Jurisdiction Under CCP § 664.6” (“the Motion”). In their Motion, Plaintiffs aver that they mediated a dispute...

Excerpt: ...Tom Diaz, about a possible job opportunity as a mechanic. After the initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “got approval for [a] $30 ‘flat hourly rate', (or $30 an hour...

Excerpt: ... attorney, Sig Haddad, as well as a copy of the lease containing the attorney's fees provision and invoices from her counsel. No opposition has been filed by Defendant Leanne M. Rozier (“Rozier”) The proof of service for the motion shows that it was timely served by mail on Rozier. However, the Court has no evidence in its file that the address to which the motion was mailed is a correct address for Rozier. The Court understands that Rozier p...

Excerpt: ...pervising Environmental Health Specialist with the CUPA. (LaBarre Decl., ¶ 2.) Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (“EHS”), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. (Faulkner Decl., ¶ 2.) Beginning in 2006, EHS employees observed a series of violations at facilities (...

Excerpt: ...staurant, Yanagi Sushi & Grill on James Way in Pismo Beach (“Yanagi”). On April 24, 2017, default was entered against C‐JDR. On May 26, 2017, Plaintiff amended her complaint to add JE&E, Inc. (“JE&E”) as a defendant under a successor liability theory. Plaintiff had moved for leave to amend after Yanagi was sold to JE&E, and after Plaintiff purportedly learned that C‐JDR's CEO, Kyong Jeong, left the country prior to trial. JE&E moves h...

Excerpt: ...nteed future payments since May 2016. On May 26, 2016, the Court approved a transfer of $50,000 in a future payment due on July 15, 2020. On September 15, 2016, the Court approved a transfer of $50,000 of a July 12, 2020 payment. On January 12, 2017, the Court approved the transfer of $81,720.88 from a July 12, 2025 payment. On April 13, 2017, Payee transferred $25,013.96 from the July 12, 2020 payment and $78,011.23 from the July 12, 2025 paymen...

Excerpt: ...ntinued to June 4, 2018, before Judge Hurst. The matter was then moved to this date by Judge Hurst. The dispute involves the administration of the Edgar and Bernice Smith Revocable Trust, dated June 17, 2005 (“Edgar and Bernice Trust”)1 . Michael, the Petitioner, is a beneficiary of the Edgar and Bernice Trust. Michael's original underlying Petition, filed on October 19, 2017, claims a second trust, the Edgar L. Smith Trust (“Edgar's Trust�...

Excerpt: ...., ¶ 2.) Plaintiffs' complaint alleges one cause of action for medical malpractice (wrongful death). The complaint alleges that Decedent was an 84‐year‐old patient suffering from dementia who was prescribed and dispensed Seroquel, and that his ingestion of Seroquel caused Decedent injuries and eventually, his death. (Compl., ¶ 15.) Plaintiffs specifically allege that Defendant “prescribed and dispensed” Seroquel to Decedent; that Defend...

Excerpt: ...gatories, Special Interrogatories, Request for Production of Documents (“RFPs”), and Request for Statement of Damages. (Bowen Decl., Exs. A ‐ D.) Plaintiff's responses to the Request for Statement of Damages were originally due on or before October 12, 2017, and responses to the remaining discovery requests were originally due on or before October 27, 2017. After obtaining extensions from Defendants' counsel, Plaintiff served unverified res...

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...

Excerpt: ...attorney, Sig Haddad, Esq., as well as a copy of the lease containing the attorney's fees provision and invoices from her counsel. No opposition has been filed by Defendant Leanne M. Rozier (“Rozier”) The proof of service for the motion shows that it was timely served by mail on Rozier. However, the Court has no evidence in its file that the address to which the motion was mailed is a correct address for Rozier. The Court understands that Roz...

Excerpt: ...spo County, which was granted. The case was transferred and filed in the San Luis Obispo Superior Court on March 9, 2018. Plaintiffs allege that they entered into an agreement with San Luis Bail Bonds, Inc. and American Contractors Indemnity Company to provide for a bail bond to secure the release of Michael Daubney (“Michael”), on or about June 13, 2013. The agreement was secured by real property owned by Plaintiffs located in Carlsbad, Cali...

Excerpt: ...to Dr. Slaughter, after Plaintiff failed to respond properly to discovery, failed to comply with a discovery order which had repeatedly been brought to Plaintiff's attention, failed to appear at a trial setting conference, and failed to oppose or respond to the motion for terminating sanctions. On September 13, 2017, the complaint was dismissed with prejudice as to the two remaining Defendants, Arroyo Grande Community Hospital and Dignity Health,...

Excerpt: ...lieu thereof; (2) failure to issue accurate wage statements; (3) failure to timely pay wages due at termination; and (4) unfair competition. (Compl., passim.) Before the Court is Defendants' motion to compel arbitration and stay Plaintiff's complaint. Plaintiff signed an agreement (“the Arbitration Agreement”) to arbitrate any and all claims arising out of his employment with Defendants on an individual basis, as provided in the excerpts belo...

Excerpt: ...ven at the same time as the original obligation (i.e., the agreement to provide capital, services, and materials); and as such, it forms part of the consideration. “If the only claimed reliance is performance of the act bargained for, the doctrine is inapplicable.” (1 Witkin, Summary of Cal. Law (11ed. 2017) Contracts, § 248.) As the promise of payment, upon which the promissory estoppel claim is based, was part of the original consideration...

Excerpt: ...and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for service of process for Lakeview at least 10 days before the hearing date in the manner provide...

Excerpt: ...intiff John Lowry alleges that, on March 11, 2016 and while employed with Defendant, he was injured in a fall while attempting to board a vessel moored at a pier. Plaintiffs now seek to file a first amended complaint (“FAC”). With the proposed FAC, Plaintiff Heather Lowry will abandon her claim for loss of consortium, meaning Mrs. Lowry will no longer be a party to this action. Plaintiff John Lowry requests to add additional claims in the FAC...

Excerpt: ...n the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. The Starr Defendants then encouraged Alexander to stay at the office and participate in his scheduled group therapy that evening. Alexander declined and instead left the facility. Approximately five minutes later, Alexander drove over the center lines into oncoming traffic and struck Garland's vehicl...