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...