Excerpt: ...�), which shares a common boundary with real property owned by Defendants. After filing the complaint, Plaintiff recorded a Notice of Pendency of Action, on May 17, 2021 (the “Lis Pendens”). The Lis Pendens states the action concerns real property owned by Defendants, identified as APN 090‐ 372‐027 (“Lot 27”).1 The complaint alleges that Anderson acted as Defendants' agent to list and sell their property, and during her efforts to do ...

Excerpt: ...s injured leg was subsequently amputated below the knee, which he contends was a result of his fall. Plaintiff dismissed Ladera from the action on November 9, 2020, after the Court approved the parties' good faith settlement. Prior to that, on September 3, 2020, GMC filed a cross‐complaint against Dr. Eric Ford Shepard (“Shepard”), the surgeon who performed the amputation.2 According to GMC's cross‐complaint, the amputation was an electiv...

Excerpt: ...breach of insurance contract (against Allstate). The Law Firm Defendants filed a demurrer to the single cause of action pled against them in the FAC. On January 14, 2021, this Court sustained the Law Firm Defendants' demurrer with leave to amend. On March 1, 2021, Plaintiff filed a second amended complaint, wherein he amended both causes of action against all Defendants. Allstate objected to this second amended complaint because Plaintiff amended...

Excerpt: ..., was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020, and includes multiple counts of embezzlement, under Penal Code section 487(b)(3). Six of the counts allege embezzlement from Ma...

Excerpt: ...,494.25, plus interest. (Compl., ¶ 10.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. Defendant has filed an opposition. As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burd...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...m a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff alleges that during this visit, Defendant's employees informed Plaintiff that dogs are not allowed in its restaurant. Plaintiff's lawsuit seeks a state‐wide permanent injunction requiring Defendant's restaurants throughout California to adopt a general nondiscrimination policy...

Excerpt: ...to their complaint adding Rossetti Company Management, Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, wher...

Excerpt: ...demur to the SAC. Henry Alan Heer (“Heer”) now demurs to Plaintiffs' eleventh cause of action for Unfair Business Practices under Business and Professions Code sections 17200, et seq. (the “UCL”), in the SAC, on the grounds that the SAC fails to allege facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Counsel for the parties met and conferred prior to filing this demurrer. (See Newsum Decl.) I. Standard at ...

Excerpt: ...t of statements that Defendants made about Plaintiff to Detective Eric Stradley of the San Luis Obispo Police Department, during an investigation in June 2019. Attached in support of the complaint's allegations are police reports prepared by Detective Stradley, memorializing his discussions with two witnesses, identified by Plaintiff as Defendants. (Cmp., Exs. 1, 3.) Currently before the Court are the Defendants' individual motions to strike purs...

Excerpt: ...ffering from the coronavirus at other California penal institutions to be moved to the California Men's Colony in San Luis Obispo (the “CMC”). The petition asks, among other things,1 that the Court prohibit the California Department of Corrections and Rehabilitation (“CDCR”) from making any such future transfers. Respondent has not yet been served with the petition. On October 27, 2020, Petitioner filed a request for an order (1) that he ...

Excerpt: ...in San Luis Obispo County. Plaintiffs subsequently filed three amended complaints and have named multiple additional defendants, including the California Department of Transportation, Caltrans, the State of California, CHG Medical Staffing, Inc., DaVita, Inc., and Foundation Medical Staffing. CHG Medical Staffing Inc., Foundational Medical Staffing, and DaVita Inc. (“Defendants”) now move this Court for an order permitting them to file under ...

Excerpt: ...Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020 (two days before the Machado Action), and includes multiple counts of embezzlement under Pena...

Excerpt: ... a consultant who assisted with the planned subdivision. On May 5, 2020, Plaintiff served a Deposition Subpoena for Production of Business Records on Kirk Consulting. Kirk Consulting complied with the subpoena by producing responsive documents, as well as a one‐page privilege log objecting to production of seven emails on the grounds of attorney‐client privilege and/or the work product doctrine. Defendant reports that all correspondence betwe...

Excerpt: ...ranted Plaintiff's unopposed motion for terminating sanctions. Defendant's answer and cross‐complaint were stricken, and default was entered. On January 13, 2021, the Court held a default prove‐up hearing, at which Plaintiff was sworn and examined. On January 14, 2021, default judgment was entered against Defendant in the total amount of $1,060,351. On March 11, 2021, Defendant filed a substitution of attorney, wherein her current counsel at ...

Excerpt: ...g on January 6, 2021, at 9:00 a.m. in “Paso Robles Department 2.” OSC stated that it would be vacated if a response was filed or if a default judgment was entered at least 10 court days prior to the hearing. On December 24, 2020, the Court electronically served on Plaintiff's counsel a Notice of Hearing by Zoom, which confirmed the date, time, and department (“Paso Robles Department 2”) for the OSC. Plaintiff did not appear at the OSC hea...

Excerpt: ... property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action against Defendant...

Excerpt: ...due and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atla...

Excerpt: ...7, which he asserts is defective. 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, in which it agreed to “comply in full” with Plaintiff's RFP numbers 16 and 22. Those RFPs requested: REQUEST FOR PRODUCTION NO. 16: All DOCUMENTS, inclu...

Excerpt: ... of action1 on the grounds that it fails to allege facts sufficient to state a cause of action for quiet title under Code of Civil Procedure section 430.10(e). U.S. Bank filed a notice of joinder in the demurrer. However, U.S. Bank filed an answer to the complaint on July 10, 2020, almost nine months before the demurrer was filed. A joinder seeks the same relief sought in the moving party's papers. (See Weil & Brown, Cal. Practice Guide: Civil Pr...

Excerpt: ...on or review by a judicial body or other official proceeding (Code Civ. Proc., § 425.16(e)(2)); and/or 2) in furtherance of the exercise of the constitutional right of petition or constitutional right of free speech in connection with a public issue(s) or issue(s) of public interest. (Code Civ. Proc., § 425.16(e)(4).) Defendant contends that Plaintiff's complaint arose from Defendant's protected activity and Plaintiff cannot establish a probabi...

Excerpt: ...d into a contract with Webcor Construction, LP to construct a project, and that Webcor then entered into a written subcontract with Plaintiff for the project with an agreed‐upon contract price of $16,424,494. (FAC, ¶¶ 8‐9.) Plaintiff alleges that Webcor has not paid Plaintiff nearly three million dollars under the contract. (FAC, ¶ 16.) Plaintiff alleges that it previously served on CSU a stop payment notice in the amount of $2,864,487.54,...

Excerpt: ...verse condemnation. In their FAC, Plaintiffs allege they own a 48‐acre parcel in the San Luis Obispo County (the Property) to cultivate wine grapes. (FAC, ¶ 8.) Plaintiffs allege they acquired the Property in 2012. (FAC, ¶ 9.) Plaintiffs allege in summer 2013, they hired Miller Drilling Company to install an electric water pump and related water supply facilities on the Property's existing water well for the purpose of irrigating Plaintiffs' ...

Excerpt: ...laint (“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. The SAC sets forth the following allegations. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction (the “Purchase Agreement”) with Kleck, the owner of the property. Merrill and Andrew were, respectively, the broker and agent negotiating ...

Excerpt: ... (the Settlement). On August 13, 2020, this Court granted the parties' motion for preliminary approval of the Settlement. Now before the Court is Arguello's unopposed motion for final approval. The settlement class consists of 1,227 Class Members, defined as all persons that Defendant employed in California during the class period. The class period is May 21, 2014 through August 13, 2020, the date the Court granted preliminary approval. The parti...

Excerpt: ...wn Creek Lane, Paso Robles, and Defendants own 7330 Town Creek Lane, Paso Robles. (Compl., ¶¶ 1, 3.) Plaintiff alleges the two properties share a common border with the lake during high water levels, but because of the drought, Plaintiff “has consistently crossed over the Raad Property during periods of low water levels by way of an access road [the Lake Access Road] openly and without permission for a period in excess of twenty years.” (Co...

Excerpt: ...aintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surgery. Plaintiff alleges he ...

Excerpt: ...intiff filed her first amended complaint on June 1, 2018. Plaintiff filed her Second Amended Complaint (”SAC”) on October 3, 2018. The SAC alleges three causes of action, for (1) negligence against SPS; (2) violation of the Homeowner Bill of Rights (“HBOR”) against all Defendants; and (3) and Unfair Business Practices under Business and Professions Code section 17200, et seq., against all Defendants. The action arises out of Plaintiff's a...

Excerpt: ...nded Summons and Complaint were served on Jay Coakley at 32230 N. Harbor Dr., Fort Bragg, CA 95437 (the Fort Bragg Address”) via substituted service. The documents were left with Jay Coakley Jr., son of Defendant, on January 17, 2018 at 3:35 p.m., and were mailed to that same Fort Bragg Address on that same date from Ft. Bragg, California. Defendant did not appear in the action. On June 3, 2019, default was entered against Defendant. On January...

Excerpt: ...ition of Public Property is alleged against the State of California (the “State”), amongst other Defendants. On January 12, 2021, the State served two deposition subpoenas for business records relating to Jordan's records on California Polytechnic State University, in San Luis Obispo (“Cal Poly”), and on Cal Poly Campus Health & Well Being, seeking production of records, on February 8, 2021 (the “Subpoenas”). The Subpoenas were both a...

Excerpt: ...ntacted by the arbitrator by phone. On November 14, 2018, the arbitrator issued and served his decision, which awarded $7,693 in favor of Ausman, plus interest at the legal rate of ten percent per annum “from the 30th day after the date of service of this award.” Although the arbitration was non‐binding, it becomes binding unless a party has sought trial within 30 days after service of the award. (Bus. & Prof. Code, § 6203(b).) If no actio...

Excerpt: ...t (“REG”) and its chief executive officer, David Singer, were also named as defendants. They were dismissed without prejudice on April 2, 2021. On May 17, 2021, EHHOA filed a cross ‐complaint against Plaintiffs. Plaintiffs and the individual Defendants all reside within Emerald Hills Estates, a common interest development, located in San Luis Obispo (the “Development”). The Development is subject to both the Davis‐Stirling Common Inte...

Excerpt: ...ictoria Street Partners, LLC alleging causes of action for (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiffs allege is a “shell game...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...(5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action...

Excerpt: ...Shane Duclos (“Plaintiff”) filed this personal injury action on April 19, 2019, against Anil Chandular Panchal (“Defendant”). Defendant answered the complaint on May 30, 2019. The parties' dispute arises out of a motor vehicle versus motorcycle accident which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories,...

Excerpt: ...iability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. The complaint alleges causes of action for (1) fraud; (2) misrepresentation and omission of material facts in violation of Corporation Code section 25401; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; and (5) breach of promissory note1 . On May 5, 2020, Plaintiffs filed proofs of service evidencing service of the summons, c...

Excerpt: ... dismissed Defendants David B. Singer and REG Property Management, Inc., without prejudice. Plaintiffs and the individual Defendants reside in Emerald Hills Estates, a common interest development (the Development) located in the City of San Luis Obispo. The Development is subject to both the Davis‐Stirling Common Interest Development Act (Civ. Code, § 4000, et seq.; the Act) and a Declaration of Covenants, Conditions and Restrictions, which wa...

Excerpt: ...il Procedure section 473.5(a). Bronner's counsel, Harold Mesick, declares that a friend put him in touch with Bronner, and when he reviewed Bronner's paperwork he immediately called Plaintiff's then counsel, Stephen Mitchell, to inquire about setting aside the default and litigating the matter. (Mesick Decl., ¶ 3.) Mitchell agreed to stipulate to set aside the default. (Ibid.) Subsequently a different attorney, James Lee, from the same law firm ...

Excerpt: ... which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories, special interrogatories, and requests for production of documents (“RFPs”) on Plaintiff. Responses were due on October 21, 2020. When no responses were received, Defendant's counsel sent a meet and confer letter to Plaintiff on October 27, 2020, asking for...

Excerpt: ...ddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional Defendants. The dispute arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In F...

Excerpt: ... and Chorro Streets in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death because: 1. Defendant, who was aware that Thomas was an alcoholic, nonetheless encouraged Thomas, shortly before his death, to become excessively intoxicated and paid for all of Thomas' numerous alcoholic drinks on the evening of Thomas' death; 2. Defendant failed to call 911 or otherwise report Thomas' excessive ...

Excerpt: .... Plaintiff's First Amended Verified Complaint, filed on May 15, 2020, alleges five causes of action to, and for (1) Quiet Title; (2) Enjoin Private Nuisance and Trespass; (3) Declaratory Relief; (4) Damages for Nuisance, Trespass, Trespass to Timber and Slander of Title; and (5) Punitive Damages (the “FAC”). Defendants filed their verified answer on July 2, 2020, in which they admit the allegations in part, deny the allegations in part, and ...

Excerpt: ... fell due to the debris strewn about from the collision. Plaintiff suffered a fractured hip that required hospitalization and surgery. The first amended complaint (“FAC”), filed on August 28, 2020, sets forth causes of action for (1) motor vehicle negligence, and (2) intentional tort. Plaintiff also seeks punitive damages. Currently before the Court is Defendant's (1) demurrer to the intentional tort cause of action, and (2) Defendant's motio...

Excerpt: ...dgments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint originally pled causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requested that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages. (Compl., pp. 4, 7.) On June 2, 2020, this Court sustained Defendant's demurrer to the complaint and ordered P...

Excerpt: ...enses and attorney's fees against Defendant pursuant to Code of Civil Procedure section 128.5, for bad faith actions and tactics that were frivolous and solely intended to cause unnecessary delay in respect to the parties' mediation. Plaintiff contends that Defendant, and his insurance company and adjuster, failed to participate in good faith, preceding and during the parties' November 19, 2020 mediation. Defendant opposes the motion. No reply wa...

Excerpt: ...int adding Rossetti Company Management Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, and was struck by a ...

Excerpt: ...nt failed to appear in the action and default was entered against Defendant on January 6, 2021. No default judgment has yet been entered. Sentry's motion for leave to file complaint‐in‐intervention is now on calendar. The motion was served on Plaintiff and no opposition was filed. Defendant is an electrical contractor, hired by Plaintiff's employer, Entegris, to install electrical components that after installation caused Plaintiff to suffer ...

Excerpt: ... receive the verification, their counsel followed up by emailed letter on November 12, 2020, in anticipation of the upcoming trial. Having received no response, counsel for the Fears sent a second follow‐up letter on November 20, 2020 (setting a compliance deadline of November 25, 2020); and a third follow‐up letter on November 30, 2020 (setting a compliance deadline of December 2, 2020). (Denove Decl., ¶¶ 2‐8, Exs. 1‐5.) On December 1,...

Excerpt: ...on, Unlawful Business Practices (Bus. & Prof. Code, §17200, et. seq.). Defendant now demurs to the complaint and each cause of action in the complaint. Plaintiff opposes the demurer. The Court grants Defendant's Request for Judicial Notice (“RJN”.) The parties met and conferred prior to the filing of the demurrer. (Mu Decl., ¶¶ 6, 7.) I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pl...