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: ... 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: ...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: ... 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: ...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: ...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 ...