Excerpt: ... Defendants have disputed all liability and argued that the case should not be maintained as a class action. The action has been heavily litigated. Nonetheless, after attending mediation, the parties reported that they settled the matter. (Stip., filed 01/15/21.) Currently on calendar is Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (the “Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed and seeks a...

Excerpt: ...s filed. Defendant contends that she was not personally served with the summons and complaint within sixty days of the filing of the action, pursuant to California Rules of Court, rule 3.110(b). Additionally, Plaintiff failed to file a request for extension to serve the complaint or an order issued by the Court. Defendant therefore contends that the purported service on her is not valid and should be quashed. Defendant denies being personally ser...

Excerpt: ...d 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 between the signing of the op...

Excerpt: ...o Provide Further Written Responses To Form Interrogatories And For An Award Of Sanctions. Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the mot...

Excerpt: ...ises from a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange) and the California State Grange, on the one hand, and the California Guild, on the other hand. As outlined in the FAC: The National Grange is a nationwide, multi‐tier fraternal organization that was founded in 1867 to promote the interests of farmers and communities throughout the United States. The National Grange is the name...

Excerpt: ...plaint is filed on behalf of Plaintiff and the Estate of Victor Raigoza. The CDCR now demurs to the complaint pursuant to Code of Civil Procedure sections 430.10(a) and (e) on the ground that the pleading does not state facts sufficient to constitute a cause of action.2 The CDCR demurs to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against public entities, that Plaintiff...

Excerpt: ...unds, and after the time to oppose had passed, the parties stipulated that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse and wrongful death. Plaintiffs allege that in December 2014, their father, Mauricio Cardenas, was a resident of the The Manse on Marsh, and that Defendan...

Excerpt: ...he Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). With its lawsuit, the City seeks to acquire the following easements in the Property, collectively referred to as the Easement Interests: ‐ A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres) (the South Pipeline Easement); ‐ A temporary construction ea...

Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...

Excerpt: ...ohn Robinson, and Joseph Seither are members of the EHHOA board, while David Singer is the chief executive officer of REG Property Management (“REG”), and the property manager at REG, responsible for handing the EHHOA account. 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...

Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...

Excerpt: ...ons and Rehabilitation (CDCR) as Defendants. The FAC alleges causes of action for negligence, declaratory and injunctive relief, conversion, and emotional distress, and Plaintiff seeks compensatory damages and punitive damages. Plaintiff's lawsuit stems from the confiscation of his Sony boombox upon his arrival at CMC. Plaintiff alleges he was previously allowed to have the boombox at another penal institution. Plaintiff alleges that Sergeant Dav...

Excerpt: ...ee 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 complaint also identifies Vincent's then three‐year...

Excerpt: ...roducts and negligence, and seeks damages of approximately $425,000 representing the sums Sentinel paid out to resolve its insured's claim. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (“Beshert”), and CV Commercial Real Estate (“CV Commercial”). On January 4, 2019, DC Design filed a cross‐ complaint against Chro...

Excerpt: ...es that Ms. Schwind is the sole principal of PGF, and uses that entity as her alter ego. (Id., p. 2, ¶ 9.) Plaintiff alleges that on or about June 27, 2017, Plaintiff made a partly written, partly oral agreement with Schwind and PGF. (FAC, p. 3, ¶ BC‐1.) Plaintiff alleges that it hired PGF, which supplied Ms. Schwind to provide consulting services to Plaintiff's licensed cannabis cultivation clients, and Plaintiff agreed to pay PGF for such s...

Excerpt: ...ista. Plaintiff alleges that prior to the surgery he could walk, but immediately after, he was unable to walk or move his legs. Trial is set for October 25, 2021. Currently before the Court is Defendant's motion to bifurcate. Specifically, Defendant seeks a separate trial and jury for his medical malpractice statute of limitations defense under Code of Civil Procedure section 340.5, to precede trial on Plaintiff's medical malpractice cause of act...

Excerpt: ...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 had pre‐ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick‐up counter to retrieve his food. (FAC, 4:4‐6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9‐10.) Plai...

Excerpt: ...r 24, 2020, the Guimaraes Defendants served a subpoena for the production of business records on the San Luis Obispo County Probation Department (the County), requesting the following records for Keith Bernard Murphy, date of birth 12/1/1990: Complete records from the first date to the present, including but not limited to call recordings, call logs, transcripts, CAD logs, traffic collision reports, photographs, MPEG or JPEG files, digital images...

Excerpt: ..., 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 February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (�...

Excerpt: ...relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. The Parties. The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee1 , for the Property...

Excerpt: ...s of action for general negligence, as well as “wrongful death, pain and suffering, funeral expenses, and legal expenses.” The FAC also seeks punitive damages and $250,000 in compensatory damages. In the FAC, Plaintiff alleges she is the “mother of the deceased (Keith Bernard Murphy II)” (Decedent). Plaintiff alleges that Decedent suffered from various mental health issues, and had a history of substance abuse and suicidal ideation. Plain...

Excerpt: ...enying the restraining order, on the grounds that Petitioner failed to meet the burden of proof. On September 16, 2020, Volk filed a memorandum of costs in the amount of $761.36; no motion to tax costs was filed. Volk now brings a motion for an award of reasonable attorney's fees pursuant to Code of Civil Procedure section 527.6(s), which provides that the prevailing party in an action brought pursuant to section 527.6 may be awarded court costs ...

Excerpt: ...rner negligently drove forward without confirming Plaintiff was safely in the vehicle and drove over Plaintiff's left foot and leg, causing serious injury. (Complaint, ¶ 6.) Turner now moves for an order pursuant to Code of Civil Procedure section 2025.610(b) for a subsequent limited deposition of Plaintiff for the purpose of inquiry regarding documents produced subsequent to Plaintiff's first deposition, which are inconsistent with Plaintiff's ...

Excerpt: ...lity violations, malice, right to privacy violations, disclosure of private facts, abuse of process and theft. (Complaint (“Compl.”), p. 3.) Plaintiff's form complaint alleges a series of intentional torts, including obtaining medical records for the purpose of financial gain and to intimidate, harass, embarrass, and humiliate Plaintiff in the process and abuse of discovery (Compl., p. 4); violation of Plaintiff's privacy by violating the Inf...

Excerpt: ... 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 February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...

Excerpt: ... guarantees be executed. Defendant moves to strike the complaint pursuant to Code of Civil Procedure section 435, and for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiffs oppose the motion. Defendant argues that Plaintiffs' complaint was filed in bad faith, is frivolous, and was filed in disregard for the current global pandemic landscape. Defendant's counsel submits his declaration in support. Defendant argues t...

Excerpt: ...“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles on Kleck Road. On June 17, 2020, Kleck served an individual Deposition Subpoena for Production of Business Records (the “Subpoenas”) on nonparties Dean Stroud and Lynn Stroud (the “Strouds”). Lynn Stroud is Plaintiff Lisa Canchola's sister. The Strouds live next door to Plaintiffs and in August 2018, also fi...

Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...

Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...

Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...

Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...

Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts alleg...

Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts allege ...

Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (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 the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...

Excerpt: ...h 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. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The cri...

Excerpt: ...ookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The criminal complaint was filed on February...

Excerpt: ...Fears”) are David Fear's children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September 28, 2017, and named the City of Exeter and its police department (the “City”) as defendants.1 Plaintiffs allege the City and two of its employees were negligent in selling one of the dogs from the City's K‐9 unit to its handler, who then left the City's employment. On February 28, 2018, Plaintiffs filed a se...

Excerpt: ...ted that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse, and wrongful death. Plaintiffs allege that in December 2014 their father, Mauricio Cardenas, was a resident of the Manse on Marsh, and that Defendants, who owned the Manse, failed to use ordinary care in the management...

Excerpt: ...s causes of action for (1) wrongful termination on the basis of disability in violation of the Fair Employment and Housing Act (FEHA); (2) failure to reasonably accommodate disability in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; and (4) failure to prevent discrimination in violation of the FEHA. Now before the Court is Defendants' motion for summary judgment or summary adjudication of the is...

Excerpt: ... and delivery, and (6) ejectment. Plaintiffs' lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, including “Su...

Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...

Excerpt: ...1, C, and C1 (the “Project”). The Project is a pipeline located in San Luis Obispo County that carries water from Lake Nacimiento to various public agencies. The District is the owner of the Project and Teichert was the District's general contractor. Teichert's portion of the Project involved installation of pipeline crossings underneath the Nacimiento and the Salinas Rivers. The Project was completed in 2010, and the complaint alleges that i...

Excerpt: ...n for (1) breach of contract, (2) declaratory relief, and (3) unjust enrichment. The parties' dispute relates to their written agreement to open and market a new Allstate Insurance Agency. Now before the Court are two motions filed by Plaintiff/Cross‐Defendant: (1) motion for terminating sanctions for refusal to comply with discovery orders; and (2) motion for an order establishing admissions and for sanctions. The Court is not in receipt of De...

Excerpt: ...take six to seven weeks. On March 16, 2020, the Court suspended the trial due to the coronavirus pandemic. Thereafter, the jury completed a questionnaire regarding their availability to continue to serve as jurors in light of the pandemic. Several jurors, and all the alternate jurors, were no longer able to serve due to the pandemic. On June 25, 2020, the Court declared a mistrial. A jury trial is now set to begin on March 8, 2021, and is anticip...

Excerpt: ... served with the summons and complaint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plainti...

Excerpt: ...Gustin”; collectively with Haagensen “Plaintiffs”) filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Both complaints allege that Nielson, who owns a gymnastics training center, made defamatory statements about Plaintiffs at the Center and the gymnastics community at large. Gustin, a gymnastics coach and owner of a gymnastics team, alleges Nielson engaged in ...

Excerpt: ...r supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City's motion for prejudgment possession. The Court did not sign the proposed orde...

Excerpt: ...he Note, the most recent of which was executed in 2015. On May 15, 2018, the Court issued a Right to Attach Order in favor of Plaintiff and against Mr. Takken in the amount of $598,487.52. The order covered all of Mr. Takken's interests in real and personal property as listed in Code of Civil Procedure section 487.010(c), including his interest in Takken Investment Properties, LLC (the LLC). A Writ of Attachment was issued on July 3, 2018, specif...

Excerpt: ...iled 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). The Landry was part of a tour gr...

Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...