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: ...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: ...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: ... (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: ...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: ... 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: ...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: ... 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: ...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: ... 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...