Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...

Excerpt: ...he custody of the California Department of Corrections and Rehabilitation (the “CDCR”). The State of California, acting by and through the CDCR (the “State”), demurred to the causes of action alleged against it in the FAC. The Court found that the only causes of action pleaded against the State was the first cause of action for negligence and a violation of Government Code section 845.6, and as to that cause of action the Court sustained ...

Excerpt: ...aint 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. Plaintiff moves pursuant to Code of Civil...

Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...

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 ...

Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...

Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...

Excerpt: ...nd the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to leaving his employment with the City of Exeter, Geiger purchased Neo from the city and moved to Grover Beach, California. On September 28, 2017, the Fears and Long (collectively, “Plaintiffs”) filed this action against Geiger, Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter (the “City”...

Excerpt: ...re sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant's counsel of record, but no opposition was filed. Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10. Plaintiff's motion includes a de...

Excerpt: ...bout June 2015, Plaintiff and Defendant discussed purchasing a parcel of undeveloped real property (the Property) located at 4210 Ramada Drive, in unincorporated San Luis Obispo County near Templeton. (SAC, ¶ 7.) Plaintiff alleges it was interested in the 20 acres fronting Ramada Drive, and Defendant was interested in the 20 back acres. (Ibid.) Plaintiff alleges the parties agreed Defendant would purchase the Property and grant Plaintiff an excl...

Excerpt: ...Harmon‐ Perry”) (collectively “Defendants”). Natale's notice of motion further requests monetary sanctions. Defendants oppose the motion. Natale first noticed the depositions of Wolkoff and Harmon‐Perry on September 4, 2019, to take place on October 4, 2019. (Karen Decl., ¶ 2; Exh. 1.) On February 18, 2020, Natale served amended deposition notices continuing Wolkoff's deposition to April 14, 2020, and Harmon‐ Perry's deposition to Ap...

Excerpt: ...or (aged 14 months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. Defendant answered the complaint on November 20, 2019.2 Currently, before the Court is Plaintiff's request for leave to file a first amended complaint (“FAC”), to include a claim for punitive damages. Plaintiff states that during discovery she discovered new facts showing that Defendant acted with conscious disregard for the minor's s...

Excerpt: ... now moves pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed First Amended Complaint, attached as an exhibit to the motion (the “FAC”), to include allegations and a prayer for punitive damages against Defendant. Plaintiff served her motion on Defendant, but no opposition was filed. Plaintiff argues that she discovered new facts during discovery confirming that Defendant knew that his donkey was a threat to animal...

Excerpt: ..., 2018 accident wherein their son, Jordan Grant, was riding his motorcycle on U.S. Route 101 when a car turned in front of him from El Campo Road, colliding with and killing him. Now before the Court is the State's motion for an order permitting the release of photographs of the decedent taken by the San Luis Obispo County Sheriff‐Coroner's Office. As outlined in the State's motion, Senior Deputy Coroner for the County Sheriff‐Coroner's Offic...

Excerpt: ...f 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). The La...

Excerpt: ...issued for Roche's arrest. The initial forfeiture period gave the bail agent 185 days from the date of forfeiture to locate and return Roche to custody. (Penal Code, § 1305) ABC contends it was close to apprehending Roche as the deadline approached, and thus, on December 16, 2019, requested an additional 180 days to apprehend Roche. (Pen. Code, § 1305.4) The County of San Luis Obispo (the “County”) opposed the extension request and the matt...

Excerpt: ...ement Conference and the matter was set for an OSC re: Dismissal. Plaintiff responded to the OSC by submitting a declaration from counsel setting forth challenges experienced due to the death of counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint were served on all Defendants. At the August 24, 2018 hearing, the Court discharged the OSC. On December 11, 2018, Plaintiff again failed to appea...

Excerpt: ...MC. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fall. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. GMC now moves pursuant to Code of Civil Procedure sections 428.10, 428.30 and 428.50, for an order granting leave to file a Cross‐Complaint for equitable indemnity and declaratory relief against Eric Ford Shepherd (“Dr. Shepherd”) and Roe...

Excerpt: ...) against Defendants on May 29, 2020. The FAC alleges eleven causes of action: (1) breach of contract; (2) false promise; (3) conversion; (4) quantum meruit; (5) quantum valebant; (6) civil conspiracy; (7) unfair competition law; (8) emotional distress; (9) declaratory and injunctive relief; (10) shareholder inspection; and (11) constructive trust. Defendants now jointly and severally demur to each cause of action in the FAC on the grounds that (...

Excerpt: ...iffs”)1 filed this action against Alex Geiger (the dogs' owner; “Geiger”), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments.2 On February 28, 2018, Plaintiffs filed a second amended complaint (“SAC”), which names Sergeant Brett Inglehart (“Inglehart”) of the Exeter Police Department as an addition...

Excerpt: ...aintiffs' second amended complaint (SAC) include San Luis Obispo Defenders, APLC; Patricia Ashbaugh; and Ronald Crawford (collectively referred to as the Attorney Defendants). Plaintiffs plead one cause of action for legal malpractice against the Attorney Defendants. In the SAC, Plaintiffs allege that San Luis Obispo Defenders, APLC was appointed to represent Russell in a felony case entitled People of the State of California v. Russell Hammer (1...

Excerpt: ...uary 14, 2019. Defendant now moves pursuant to Code of Civil Procedure section 426.50 and 428.50 for an order granting leave to file a cross‐ complaint, a copy of which is attached to the motion as Exhibit A. Defendant moves on the grounds that the causes of action asserted in the proposed cross‐ complaint arise out of the same transaction, occurrence, or series of transactions or occurrence as the causes of action brought against Defendant; ...

Excerpt: ... 2019, Hobe and the Estate of Jaqueline Audrey Hobe (collectively “Plaintiffs”) filed a civil action (19CV‐0668) for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach of contract and declaratory relief against Nielsen (the “Civil Action”). Hobe now moves for her expenses in serving Nielsen in the Civil Action. Plaintiffs also both move to consolidate th...

Excerpt: ...e, fell due to the debris strewn about from the collision. Plaintiff suffered unspecified injuries that required hospitalization and surgery. The complaint sets forth causes of action for (1) motor vehicle negligence; (2) general negligence; and (3) intentional tort. Plaintiff also seeks punitive damages based on the fact that Defendant “voluntarily consumed alcoholic beverages to the point of intoxication, knowing from the outset that he would...

Excerpt: ...: You acknowledge that I have advised you that I desire to arbitrate any and all disputes arising out of any provisions of services that I provide you. This includes any legal malpractice which you may hereafter claim regarding the matter for which you are hiring me. It also includes any claim for any intentional tort, fraud, claimed statutory violations or any other legal theory or claim which is ancillary to the underlying legal malpractice cla...

Excerpt: ... complaint pursuant to Code of Civil Procedure section 430.10(e), on the ground that the pleading does not state facts sufficient to constitute a cause of action. Defendants demur to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against state employees, and that Plaintiff lacks standing to challenge the disposition of a check made out to the Estate of Victor Raigoza, as he...

Excerpt: ... 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 t...

Excerpt: ...ings pursuant to Code of Civil Procedure section 438, on the ground that the complaint does not contain facts stating a cause of action against U.S. Bank. U.S. Bank argues that the complaint does not state facts sufficient to allege the elements of conversion and lacks sufficient facts to establish that Plaintiff has standing to assert claims on behalf of the Estate of Victor Raigoza. The complaint alleges one cause of action against U.S. Bank fo...

Excerpt: ...n of Settlement (the Settlement). Arguello brings this unopposed motion for preliminary approval of class action settlement, moving the Court for an order: (1) granting class certification of the Class solely for settlement purposes, pursuant to Code of Civil Procedure section 382; (2) preliminarily approving the Settlement; (3) appointing David Spivak of The Spivak Law Firm and Walter Haines of the United Employees Law Group as Class Counsel; (4...

Excerpt: ...causes of action for (1) declaratory 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 (Di...

Excerpt: ...int centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions. Plaintiff alleges she presented the Vehicle to Defendant's repair personnel on several occasions, and on each occasion, those representatives confirmed the defects/malfunctions would be remedied. Plaintiff alleges that those representations were false and that the Vehicle's defects/malfunctions still...

Excerpt: ...oyo Grande owned by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages and general damages. Plaintiff contends that he was injured on property located in Arroyo Grande owned and operated by the defendants, and suffered serious injury to his ankle when he fell into a hole. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fal...

Excerpt: ... (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 Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary constru...

Excerpt: ...Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a ...

Excerpt: ...d a limited liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 own a 50% membership interest in the LLC, which was managed by a board of managers comprised of tw...

Excerpt: ...y and post‐operative care, Defendants lacked reasonable skill and care, causing unintended injury to Plaintiff. Plaintiff alleges he was left with temporary blindness, and underwent additional corrective medical procedures due to the complications caused by the injury to his eye. Now before the Court is Defendants' motion for summary judgment. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that mat...

Excerpt: ...by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. Motion for Summary Judgment GMC moves for summary judgment against Plaintiff and Intervenor Alaska National Insurance Company2 . pursuant to Code of Civil Procedure section 437c, on the ground that no triable issue of material fact exists, and that GMC is entitled to summary judgment as a matter of ...

Excerpt: ...1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants PSHHC and TDG. 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. Plaintiff alleges that on May 16, 2017, Wi‐Fi internet service with ten routers was installed in the Apartments. Plaintiff contends t...

Excerpt: ...nlawfully sexually harassed, battered, and assaulted several female students. The first lawsuit was filed on August 16, 2018 by Jane S.G. Doe, and names as Defendants Lucia Mar Unified School District (Lucia Mar), the High School, and Mr. Magdaleno (referred to as the 2018 Action, San Luis Obispo Superior Court Case No. 18CV‐0503). The 2018 Action alleges causes of action for (1) negligent supervision (against Lucia Mar and the High School), (2...

Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's 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, inc...

Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...

Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...

Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...

Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...

Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...

Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...

Excerpt: ... trial setting under Code of Civil Procedure section 36,1 which provides as follows: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in litigation. P...

Excerpt: ...orth various affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is US Bank's motion for summary judgment, or in the alternative summary adjudication. The motion addresses the first two causes of action. No opposition has been filed. As an initial matter, the Court grants US Bank's request for judicial notice. (Evid. Code, § 452(a)‐(c).) As the moving party, US Bank has the initial burden ...

Excerpt: ... (the Citation) against Plaintiff, assessing a penalty in the amount of $17,100. (Compl., p. 4, ¶¶ 1, 2.) Plaintiff alleges the Citation asserts certain regulatory failures and that such failures presented an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result. (Compl., p. 4, ¶ 3.) Plaintiff alleges that the asserted regulatory failures did not occur, “or were ...

Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...