Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...

Excerpt: ... or about March 20, 2018, and presented to Dr. Rasul at Bishop's Peak Women's Health Center and advised Dr. Rasul that she suspected she was pregnant. (Compl., ¶ 15.) Plaintiff alleges that Dr. Rasul confirmed Plaintiff's pregnancy, discharged Plaintiff, and “carelessly and negligently prescribed Plaintiff misoprostol 200 mcg oral tablet.” (Ibid.) Plaintiff alleges that misoprostol is also known by the brand name Cytotec and “is commonly r...

Excerpt: ...laintiff filed his First Amended Complaint later that same day (“FAC”). Quest demurred to Plaintiff's FAC and moved to strike the relief requested by Plaintiff. Plaintiff opposed the demurrer and motion to strike. Quest's demurrer was overruled as to Plaintiff's second cause of action under the UCL and sustained with leave to amend as to Plaintiff's first cause of action for declaratory relief. Quest's motion to strike was granted in its enti...

Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...

Excerpt: ... County) owned, operated, and controlled catch basins, storm drain systems, drainage systems, and/or street improvements on North Oak Park Boulevard adjacent to CCS, which caused or contributed to the flooding. Plaintiffs' First Amended Complaint (FAC) alleges seven causes of action against Defendants CCS, the County, and the City of Arroyo Grande (the City). After Plaintiffs dismissed two causes of action pled against the County, two causes of a...

Excerpt: ... Off Highway Motor Vehicle Recreation (State Parks) is a real party in interest because the complained‐of activity occurred partially on its land. Petitioner's allegations. This action centers around the County's alleged mismanagement of a lagoon at the mouth of the Arroyo Grande Creek in San Luis Obispo County (the Lagoon). Petitioner alleges the County has “manipulated this Lagoon primarily during the rainy season for flood control purposes...

Excerpt: ...S. Highway 101. On June 7, 2019, Coleman filed a Notice of Settlement and an Application for Determination of Good Faith Settlement which reported that he had settled with Plaintiffs in the amount of $15,000. The Court approved the application 26 days later, on July 3, 2019. On July 5, 2019, Defendant filed three declarations in opposition to the application; and a week later, on July 10, 2019, filed an opposition to the application. The Code of ...

Excerpt: ... Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professions Code section 17200 – resti...

Excerpt: ... Probate Conservator of the Person on December 11, 2018 (the “Amended Petition”.) The Court grants the Department's request that it take judicial notice of the Amended Petition and Notice of Hearing. Findley now demurs to the Petition filed on October 19, 2018. In the alternative, Findley moves to quash the Petition. The Department opposes both motions. As to Findley's motion to quash, Findley cites no authority that such a motion is proper, ...

Excerpt: ...e at California Men's Colony (CMC). Plaintiff alleges that, on July 2, 2018, the Investigative Service Unit at CMC conducted a contraband search in prison dorm 16 while the inmates were at breakfast. (Pet., p. 1 and Ex. B.) Plaintiff claims that after this search, he discovered that his personal items were scattered, and he was missing items from his locker, identified as a battery charger, 4 AA batteries, 6 AAA batteries, and a book lamp. (Pet.,...

Excerpt: ...rian Symcox, an individual, filed a second amended complaint (SAC) against RIG, TheClymb, and Does 1 through 15 alleging causes of action for (1) breach of contract, (2) fraudulent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiffs allege that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolv...

Excerpt: ...TDG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and a...

Excerpt: ...st amended complaint filed on October 30, 2019 added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross‐complaint for breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, injunctive relief, declaratory relief, receipt of stolen property, negligence, and unfair competition. Sterling and Ciano Real Estate, Inc. are named as the cross‐defendants. The parties dispute aris...

Excerpt: ...efore the Court again on November 30, 2017, when Martell filed a claim of exemption to an earnings withholding order. After reviewing Martell's Financial Statement, the Court ordered her to pay $150 per month starting December 15, 2017. A writ of execution returned on April 16, 2019, reports that Martell has paid $3,962.50 towards the judgment, and that there is $2,580.03 left owing. Simmons now moves for an award of post‐ judgment costs and at...

Excerpt: ...08.5), (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) gender violence (Civ. Code, § 52.4). Plaintiff alleges that on May 11, 2017, she was sexually assaulted by Mr. Edwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulte...

Excerpt: ... High Ridge Manor, and the other partners, HRM 1, LLC and Lane Yudell (collectively with High Ridge Manor, “Defendants”). The complaint alleges, among other things, that Defendants failed to make the payments required under the partnership agreement. The proofs of service on file indicate that on January 2, 2019, at 7:00 p.m., Lane Yudell was personally served, both in his individual capacity and as the authorized agent for the two entity def...

Excerpt: ...omplaint (FAC) adding causes of action under the Private Attorneys General Act (PAGA), and for failure to produce personnel and payroll records upon request. Defendant was served with the FAC and other relevant documents on July 23, 2019. A default was entered against Defendant on September 18, 2019. Now, before the Court is Plaintiff's motion for leave to file a second amended complaint. “The court may, in furtherance of justice, and on any te...

Excerpt: ...d cause of action is pleaded against Geico Insurance Company; and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital (“PHA”). Since the complaint was filed, the Court has ruled on the Defendants' following motions: • A demurrer by PHA, which was sustained without leave to amend on April 25, 2019, and for which notice of order was served on May 1, 2019; • A demurrer by McK...

Excerpt: ...and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) On March 29, 2019, the Port filed a motion for judgment on the pleadings, which the Court granted, without leave to amend, on June 20, 2019. The Port served notice of entry of judgment on July 15, 2019. On Augu...

Excerpt: ...tively with Haagensen “Plaintiffs”) had filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Gustin's complaint sets forth fifteen causes of action. Both complaints allege that Nielson started his own gymnastics training center; and both allege that Nielson made defamatory statements about them individually at the Center and the gymnastics community at large. Gus...

Excerpt: ...urchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure1 section 998. Now, before the Court is Defendants' motion to tax Plaintiff's costs. Legal Authority. “[Code of Civil Procedure] section 1033.5, enacted in 1986, codified ...

Excerpt: ...he Private Attorneys General Act (PAGA), Labor Code section 2698, et seq. On March 21, 2019, this Court granted VSS's motion to compel arbitration as to all of Plaintiff's claims except for her PAGA claim. The Court stayed Plaintiff's PAGA claim pending the arbitration. On July 9, 2019, the parties filed a stipulation indicating that Plaintiff had agreed to dismiss all the causes of action in her complaint, without prejudice, save for her PAGA cl...

Excerpt: ... make a prompt offer to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.2...

Excerpt: ...tion. Sterling Pacific seeks leave to allege an eleventh cause of action for fraud against Defendants. The Court may allow the amendment of any pleading at any time before in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., ¶¶ 473(a), 576.) The Court's discretion is to be exercised liberally to permit the amendment of pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion is timely and doe...

Excerpt: ...ed by Oetiker. (See Complaint.) Plaintiff's complaint includes counts for strict products liability, negligence, and breach of warranty. Oetiker now brings a motion for summary judgment pursuant to Code of Civil Procedure section 473c on the grounds that this action is barred as a matter of law under the 10‐year statute of repose within California's Right to Repair Act (the “Act”). Plaintiff opposes the motion. As the moving party, Oetiker ...

Excerpt: ...esident, director, and sole shareholder of Paloma Packing, Inc. (“Paloma”). Paloma harvests the crop once it is ready to be shipped and packed. There is an ongoing dispute as to whether Agro‐Jal is a “joint employer” with Paloma. Paloma employees are non‐exempt employees who work in harvest related activities, i.e., packers, stackers, and cutters, as well as crew bosses who supervise the harvesting employees. The crew bosses report to...

Excerpt: ...tract, (2) property damage, and (3) injunctive relief. Plaintiffs' lawsuit centers around real property located at 383 Alder Street in Arroyo Grande (the Subject Property). Plaintiffs and Defendants entered into an agreement to purchase and develop the Subject Property. These development plans were unsuccessful for a variety of reasons, and this lawsuit followed, as well as a cross‐complaint filed by DVR Development Company, LLC; PB Companies, ...

Excerpt: ...n Kleck Road. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction with the owner of the property. Merrill and Berry were, respectively, the broker and agent negotiating the sale; and represented both the owner and Plaintiffs. Berry also performed earthwork and paving at the construction site in connection with his business Castle Construction, LLC. On July 26, 2019, Plaintiffs f...

Excerpt: ...r to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.20, consisting of $1...

Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...

Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...

Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...

Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...

Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...

Excerpt: ...�) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and as...

Excerpt: ...kiff Management Corporation (collectively “Defendants”). On July 8, 2019, Defendants filed a cross‐complaint for declaratory relief and interpleader. On that same day, Plaintiffs filed an ex parte application for a TRO and to set an OSC re: preliminary injunction. Skiff and Binney were business partners in various business ventures for many years. In 2003, Skiff and Binney organized the Manse on Marsh, LP, as a California limited partnershi...

Excerpt: ...ed Complaint later that same day (“FAC”). Plaintiff alleges that on May 15, 2018, he obtained medical services at an urgent care facility. (FAC, ¶ 1.) Unbeknownst to Plaintiff, the facility sent various tests to Quest for diagnosis. (Ibid.) Medical diagnostics are not insured under Plaintiff's health insurance plan. (Ibid.) Plaintiff alleges that he had no contractual agreement with Quest or even knew of Quest's existence at the time he rece...

Excerpt: ...G”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC, with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, an...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...

Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...

Excerpt: ...orm Interrogatories, Special Interrogatories (set one), and Requests for Production of Documents (set one), on Plaintiff. Defendant granted Plaintiff three extensions to submit responses with the latest deadline falling on December 10, 2018, but no responses were served. On November 27, 2018, Plaintiff brought a Motion for Protective Order, seeking to protect him from having to respond to the discovery. The motion was heard and denied by the Cour...

Excerpt: ...mmission (LAFCO) and the Special District Risk Management Authority (SDRMA2 ), and the City of Pismo Beach (the City) and Central Coast Development Company (CCDC). LAFCO contends the Indemnity Agreements required the City and CCDC to reimburse LAFCO for certain attorneys' fees it incurred. As has been extensively outlined in prior rulings, the underlying dispute involves efforts to annex certain real property into the City of Pismo Beach. CCDC, d...

Excerpt: ...tus assumpsit; (3) account stated; (4) quantum meruit; (5) foreclosure of mechanic's lien; (6) unjust enrichment; and (7) fraud and deceit—intentional misrepresentation of fact. Defendants demur here to Plaintiff's seventh cause of action for fraud1 pursuant to Code of Civil Procedure section 430.10(e), on the grounds that Plaintiff does not allege the requisite elements of fraud with sufficient particularity, and fails to state facts sufficien...

Excerpt: ...f counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint are served on all Defendants. At the August 24, 2018 hearing, the Court vacated the OSC. On December 11, 2018, Plaintiff again failed to appear at a Case Management Conference and the matter was again set for an OSC re: Dismissal. Plaintiff's counsel filed another declaration that stated that the complaint was out with Federal Express fo...

Excerpt: ... to Code of Civil Procedure section 512.010. Kaney filed an opposition on Sunday, July 14, 2019, directing the Court to her verified answer. (Code Civ. Proc., § 512.050 [court shall make its determination upon the basis of the pleadings and other papers in the record].) Service: Under Code of Civil Procedure section 512.030, if a defendant has not yet appeared in the action, then the application for a writ of possession must be served in the sam...

Excerpt: ...endants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to ...

Excerpt: ... action for (1) violation of the Fair Employment and Housing Act; (2) discrimination, retaliation, and harassment on the basis of anticipatory California Family Rights Act leave; (3) breach of express oral contract not to terminate employment without good cause; (4) breach of implied‐in‐fact contract not to terminate employment without good cause; (5) negligent hiring, supervision, and retention; (6) wrongful termination in violation of publi...

Excerpt: ...ial Council Coordination Proceeding No. JCCP5036 Hearing: Petition for Coordination and Motion for Stay Date: July 18, 2019 ____________ On May 21, 2018, Arturo Arguello (“Arguello”) filed a class action suit against Community Health Centers of the Central Coast, Inc. (“CHC”), alleging various Labor Code violations. The action was filed with the San Luis Obispo County Superior Court. A second amended complaint was filed in April 2019. Thi...

Excerpt: ...as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019. The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in Califo...

Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...

Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...

Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...

Excerpt: ...inst the City of Paso Robles (the City). The petition is opposed. Petitioner alleges that Mr. McGuire first assaulted her on December 19, 2017, after the Department responded to a call from Petitioner. Petitioner alleges that Mr. McGuire and several other officers responded to Petitioner's call. (Groom Decl., ¶ 2.) Petitioner alleges that Mr. McGuire dismissed the other officers, but remained at Petitioner's home for an additional four hours. (G...

Excerpt: ... manager of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that 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 “...

Excerpt: ...ger of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that 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 a...

Excerpt: ... and is referred to as the 2019 Action. Plaintiffs in the 2018 Action are Avila Village II LLC; Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990; Once Upon a Time L.P.; Lexington Real Property Partners LLC; and Covelop Holdings LLC1 . Plaintiffs in the 2019 Action are identical, save for the addition of ABR Property, L.P. The Court refers to Plaintiffs in both Actions as the Rossi Plaintiffs. Defendant in both Actio...

Excerpt: ...on under Business and Professions Code section 17200, et seq., and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. On June 28, 2018, Plaintiffs served disc...

Excerpt: ... the CUPA. 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. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff Bay Area/Diablo Petroleum Company dba Golden Gate Petroleum (Gol...

Excerpt: ...iew with the manager of Sunset's Atascadero service center, Tom Diaz, about a possible job opportunity as a mechanic. After that 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 “g...

Excerpt: ...ood faith and fair dealing in written contracts; and (6) preliminary and permanent injunctions. Plaintiff's lawsuit centers around a real estate deal in San Luis Obispo. Plaintiff alleges that, on or about January 12, 2018, Atoll Holdings, Inc. formed Atoll Business Center, LLC1 , and then transferred all rights, title, and interest in real property located at 1150 Laurel Lane, San Luis Obispo (1150 Laurel), to the LLC. (Compl., ¶ 7.) 1150 Laure...

Excerpt: ...ause of action. (Code Civ. Proc., § 430.10(e).) A demurrer challenges defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “The facts alleged in the pleading are deemed to be true, however improbable they may be. [citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 Cal.App.4th 1020, 1034.) In addition, the cour...

Excerpt: ...��). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and as part of that program PSHHC was req...

Excerpt: ...s in lieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement). Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. On May 23, 2018, before the hearing on Defendants' motion, Plaintiff filed a first amended complain...

Excerpt: ... “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee. As part of that program, P...

Excerpt: ... to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Plaintiff alleges that it is a manu...

Excerpt: ...ritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) Trial is set for July 29, 2019. Now before the Court are two motions filed by the Port: (1) Motion for Judgment on the Pleadings; and (2) Motion to Bifurcate. Motion for Judgm...

Excerpt: ...aded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurs here to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan. McKiernan's demurrer was served on Plaintiff at his address of record but no opp...

Excerpt: ...n's physical education and wrestling instructor. Plaintiff's lawsuit centers around Defendant's accusations against Plaintiff, including that Plaintiff bullied, discriminated and retaliated against, and created a hostile work environment for Defendant's son. On or about April 30, 2017, Defendant sent a letter of complaint (Complaint Letter) to the California Commission on Teacher Credentialing (the Commission) regarding Plaintiff. This lawsuit fo...

Excerpt: ...ta. Now, before the Court are the following motions brought by Dr. Wogu: (1) Motion to compel responses to form interrogatories and for sanctions; and (2) Motion to compel responses to request for production of documents and for sanctions. No opposition is on file from Plaintiff. On January 28, 2019, Dr. Wogu served form interrogatories and requests for production on Plaintiff. To date, Plaintiff has not responded to either the interrogatories or...

Excerpt: ...unty (the District), alleging rescission and breach of contract related to agreements the Westlake Parties entered into with the District for the lease of agricultural property and procurement of composting material. Westlake's first amended complaint (FAC) alleges causes of action for (1) rescission, (2) breach of contract, (3) injunctive relief, (4) fraud in the inducement, (5) specific performance of leaseback agreement and additional compensa...

Excerpt: ...n to Set Aside Dismissal. However, Plaintiff failed to file a memorandum of points and authorities at that time, and at the February 7, 2019 hearing, the Court continued the motion to March 21, 2019. Plaintiff served notice of the new hearing date to Defendant. On March 12, 2019, one week before the continued hearing, Plaintiff filed its memorandum of points and authorities. At the March 21 hearing, the motion was continued as the Court did not h...

Excerpt: ...endant”) and Compass Holding, Inc., alleging elder abuse and wrongful death. Now, before the Court are five discovery motions and a motion for summary adjudication, all filed by Plaintiffs. Motions to Compel Further Responses to Special Interrogatories, Form Interrogatories and Requests for Admission Plaintiff served Request for Admissions, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, on Defendant on October 24,...

Excerpt: ...ber 10, 2018, alleging (1) fraudulent concealment; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) professional negligence; (6) negligent misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair dealing; and (9) specific performance. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles, on Kleck Road. On June 23,...

Excerpt: ... James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...

Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...

Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...

Excerpt: ...and counseling in connection with his drug addiction. On 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. This occurred at the Starr Defendants' office located at 1320 Van Beurden Drive, Suite 103, in Los Osos (the Subject Property). (Undisputed Material Fact [UMF] 2.) The Starr Defendants then encouraged Alexander to stay at the Subject Property and...

Excerpt: ...ent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Pl...

Excerpt: ...cted that a warrant be issued for Ms. Bagley's arrest. On May 1, 2018, notice of the forfeiture was sent to ABC's agent and its surety, Lexington National Insurance Company (Lexington). This notice informed ABC's agent and Lexington that the forfeiture would become absolute on November 2, 2018, following the 180‐day statutory timeframe outlined in Penal Code section 1305. On December 10, 2018, after the 180‐day period ran, this Court entered ...

Excerpt: ..., 3) violation of California Business and Professions Code section 17200 et seq., 4) fraud and 5) quiet title. This action arises out of the foreclosure and sales of two properties owned by Plaintiff: Plaintiff's primary residence, located at 775 San Marcos Road, Paso Robles, California (the “San Marcos Property”) and a second property located at 425 Pacific Avenue, Cayucos, California (the “Cayucos Property”). On November 15, 2018, this ...

Excerpt: ...ause of action under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Defendant now brings a Motion to Transfer Venue, or in the Alternative, to Compel Arbitration (“Motion”). Plaintiff opposes the Motion. Defendant first moves to transfer venue for this action pursuant to Code of Civil Procedure section 397(a), on the ground that this is not the proper court for trial of this action because venue is not prope...

Excerpt: ...e Civ. Proc., § 2018.030); and (C) thirty‐seven (37) documents referenced by The Tribune which have been produced with redactions. The Court issued instructions with respect to each of these categories, and this hearing was set to address and narrow the issues further. A. Documents Withheld Based on the Official Information Privilege The parties note there are approximately 12 documents currently being withheld based on the official informatio...

Excerpt: ...orentino, Dan Neff1 , the Arroyo Grande Police Department, the City of Arroyo Grande, and Michael Smiley. Plaintiff's lawsuit asserts causes of action for (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Education Code section 44114; (3) invasion of privacy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) negligent hiring, supervision, and retentio...

Excerpt: ...seling in connection with his drug addiction. The Starr Defendants were leasing commercial space from Bonaire Investments (“Bonaire”) in Los Osos, California. Garland's mother and father, Julie Stahl and James Garland (“Plaintiffs”), filed separate but virtually identical complaints in April and June 2015, respectively. The Court ordered the matters consolidated in September 2015. First amended complaints were filed in May 2018. Plaintiff...

Excerpt: ...actory completion of specified terms that were not to be performed within 45 days of the settlement, but that a request for dismissal would be filed no later than December 13, 2018. This Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6, and set the matter for dismissal on January 28, 2019, absent a motion prior to that date. On January 4, 2019, Plaintiff filed this motion pursuant to Code of Civil Procedure section 66...

Excerpt: ...dants”).1 Currently on calendar are eight discovery motions. This tentative ruling covers (1) Plaintiffs' Motion to Compel Further Responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado; and (2) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue...

Excerpt: ...precertification discovery, including form interrogatories, special interrogatories, and Requests for Production (“RFPs”). Paloma provided responses, but Plaintiff argued that some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Mot...

Excerpt: ...Judgment was renewed on August 19, 2013. Plaintiff has now received an employment verification showing that Defendant also goes by Yesenia Vela. (Chen Decl., ¶ 9; Exhibit 6.) Plaintiff moves to amend the Judgment to add the name Yesenia Vela to the Judgment, along with Yesenia Yela. Plaintiff asserts that Yesenia Yela and Yesenia Vela are the same individual, and Plaintiff is not adding a new party to the Judgment. A California court may use “...

Excerpt: ...LaBarre is the Supervising Environmental Health Specialist with the CUPA. 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. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff B...

Excerpt: ...arson”) is liable. Trial is set for February 19, 2019. Defendant has filed a Motion for Leave to Conduct Second Deposition of Plaintiff, and a Motion for Leave to Conduct a Medical Examination of Plaintiff. Plaintiff opposes both motions. Motion for Leave to Conduct a Medical Examination of Plaintiff Defendant moves for leave to conduct a second medical examination of Plaintiff on February 11, 2019, with Dr. Mary Genevieve, a board‐certified ...

Excerpt: ...e parties, Plaintiff has now amended his complaint twice. Plaintiff's Second Amended Complaint for Damages (“SAC”) states one cause of action under the Fair Employment and Housing Act (“FEHA”) (Cal. Government Code Sec. 12940, et. seq.). Defendant moves here, pursuant to Code of Civil Procedure sections 435 through 437, to strike page 5, lines 14‐15, from Plaintiff's SAC, which lines state: “when he was retaliated against for filing a...

Excerpt: ...alendar are two motions to compel.2 In the first motion, Plaintiffs seek further responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐ 77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado. In the second motion, Plaintiffs seek further responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue that the responses in both motions relate to Defe...

Excerpt: ..., including form interrogatories, special interrogatories, and requests for production (“RFPs”). Paloma provided responses, but Plaintiff argued some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Motions”). At that time, the par...

Excerpt: ...ffs allege that Mrs. Hamrick, Defendants' patient, suffered injuries due to Defendants' negligence. Mrs. Hamrick initially presented to Limburg Eye Surgery on June 9, 2015, where she was diagnosed with macular puckering, pre‐retinal fibrosis, chronic cataract, and nuclear sclerosis in her left eye. (Undisputed Material Fact [UMF] 1.) Mrs. Hamrick returned to Limburg Eye Surgery on August 7, 2015, at which time surgery was scheduled with Dr. Mar...