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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...