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...

Excerpt: ...intiff 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: ...ars. The BMW was leased from Manhattan. Manhattan has now specially appeared and filed a motion to dismiss the action on the ground of inconvenient forum, along with supporting declarations and exhibits. When the hearing first came on calendar for this motion, Manhattan's proof of service only showed electronic service of the motion on Plaintiff. Plaintiff is self‐represented and the Court has no record that he has expressly consented to electr...

Excerpt: ...rneys General Act, Labor Code section 2698, et seq. (“PAGA”). On July 10, 2019, Plaintiff filed her Second Amended Complaint (“SAC”) which alleges a single cause of action under PAGA. Plaintiff served her First Set of Special Interrogatories (the “Interrogatories”) and First Set of Requests for Production (the “Requests”) (collectively the “Discovery”) on July 24, 2019. Defendant's responses were served on August 27, 2019. The...

Excerpt: ... (Turner) filed a separate class action against Defendant (the Turner Action), also alleging various Labor Code violations. This second action was filed with the Santa Barbara County Superior Court. An amended complaint, adding Beatriz Ochoa (Ochoa) as a plaintiff, was filed in February 2019. On March 5, 2019, Turner filed a request for dismissal of her claims, leaving Ochoa as the sole plaintiff. On April 3, 2019, Ochoa petitioned the Chairperso...

Excerpt: ...also survived by his wife, another daughter, and his stepson. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special administ...

Excerpt: ...ued its ruling on Farias' motion to certify a class and seven (7) subclasses (the “October 2019 Ruling”).2 The Court granted the majority of the requests (some conditioned on submission of a sufficient trial plan), but denied certification of the Meal Break Subclass. Farias asserted three theories of liability for the Meal Break Subclass. First, that the Defendants' meal break policy violated Wage Order 14‐2001; second, that Defendants fail...

Excerpt: ...ments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint pleads causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requests that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages because Defendant's actions “were made with the desire to harm and reckless disregard of my rights and caused me approxi...

Excerpt: ...n April 2019. On December 11, 2018, Kelli Turner (Turner) filed a separate class action against Defendant (the Turner Action), also alleging various Labor Code violations. This second action was filed with the Santa Barbara County Superior Court. An amended complaint, adding Beatriz Ochoa (Ochoa) as a plaintiff, was filed in February 2019. On March 5, 2019, Turner filed a request for dismissal of her claims, leaving Ochoa as the sole plaintiff. O...

Excerpt: ...lemental request for production of documents on Plaintiff (“the “Supplemental Discovery”). (Flynn Decl., Exhs. A, B.) Responses were due to the discovery on May 10, 2019. As of the date the motion was filed, February 10, 2020, no responses had been received and Defendants moved to compel responses to the Supplemental Discovery and for sanctions against Plaintiff and his counsel of record, Dustin Tardiff. Plaintiff opposes the motion. No rep...

Excerpt: ...nt “engaged in operational judgments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint pleads causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requests that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages because Defendant's actions “were made with the desire to harm and reckless disregard o...

Excerpt: ...aintiff 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 ent...

Excerpt: ...promised of $7,688.50 for his work as the general contractor, and $11,000 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6 ‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., couns...

Excerpt: ...Beene assigned or subrogated his claims and demands against any person to State Farm. (Complaint, ¶ 5.) State Farm alleges that Storer caused collision damage to Beene's vehicle while it was lawfully parked on public streets in San Luis Obispo, California. (Id., ¶¶ 10, 11.) Century‐National Insurance Company (“Century”) now moves for leave to intervene in the action pursuant to Code of Civil Procedure section 387, on the ground that Cent...

Excerpt: ...o state a cause of action and is uncertain. Plaintiff opposes the demurrer. The parties met and conferred prior to Defendant filing this demurrer. (See Declaration of Barbara S. Kilroy, filed December 6, 2019.) Plaintiff's second cause of action for breach of contract alleges that Defendant is a health care provider, that he established a physician‐patient relationship by undertaking employment to diagnose Plaintiff's medical condition and to p...

Excerpt: ...before an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already a...

Excerpt: ...nly lists one cause of action for “intentional tort.” Plaintiff seeks compensatory damages and punitive damages in the amount of $4,000. (Compl., ¶ 14.) Plaintiff's complaint centers around his Sony boombox, which he alleges was confiscated by Defendants. (Compl., p. 4, ¶ 2.) Plaintiff's intentional tort cause of action pleads “intentional infliction of emotional stress [sic] with malice to cause prisoner harm pursuant to C.C.R. title 15,...

Excerpt: ...one cause of action for fraud on the court (the “Complaint”). After Plaintiff filed a motion resulting in the setting aside of the previous dismissal of the case, Defendants were served with the summons and complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti‐SLAPP), as well as two motions for sanctions pursuant...

Excerpt: ...ieu 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) that Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. Plaintiff then filed a first amended complaint (FAC), alleging five causes of action under the Privat...

Excerpt: ...r); (2) breach of mandatory duty (Gov. Code, §§ 815.6, 820) (against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complai...

Excerpt: ...of $7,688.50 for his work as the general contractor, and $11,000.00 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., counsel for ...

Excerpt: ... of $800 on the 15th of each month, with the first payment due on April 15, 2014. The Note was to be secured by, among other things, a prior installment note recorded on January 31, 2008 (the Installment Note). The Installment Note provided funds ($50,000.00) for the construction of a home on real property located at 850 Taft Street in Pismo Beach, California. The Installment Note was itself secured by a deed of trust recorded against Defendant's...

Excerpt: ... Pursuant to Motions Heard on February 28, 2019 (the May Ruling). The May Ruling required the District to submit two categories of documents for the Court's in‐camera review: (1) e‐mails between the District's employees, and (2) various miscellaneous items (collectively, the Non‐Produced Documents). Both categories were listed on the District's privilege log, and were not produced to The Tribune. The Court ultimately determined that both ca...

Excerpt: ...sed the subject vehicle, a 2013 Dodge Durango (the “Durango”), and that during the warranty period, the Durango developed defects related to its engine. On March 4, 2019, Plaintiffs served Requests for Production of Documents, Set One (the “RFPs”) on FCA US LLC (“FCA”). Plaintiffs requested that FCA produce documents concerning FCA's internal investigation and analysis of the alleged engine defect (RFP Nos. 1, 10, 17, 19‐24, 63) and...

Excerpt: ...11, 2019, and reached a full and complete agreement. The parties signed a Settlement Agreement and Release (Agreement), wherein Defendants agreed to pay Plaintiffs $41,8500. (Belaga Decl., Ex. A, ¶ 2.) The Agreement includes the following paragraph: The parties shall execute a copy of this Agreement, which shall be binding and enforceable according to its terms, subject to approval by the Board of Supervisors of the County of San Luis Obispo (�...

Excerpt: ...tively set for June 22, 2020, prior to the five‐year deadline for bringing an action to trial. (Code Civ. Proc., § 583.310.)2 Cipriano Ponce (“Ponce”) was employed by Agro‐Jal until September 2014. The parties dispute whether he was misclassified as an exempt employee. Carlos Farias (“Farias”) was employed by Paloma from May 2008 to January 2010, and again from April 2010 to April 2012. Ponce was Farias' supervisor during those times...

Excerpt: ...ctober 30, 2019, added a cause of action for fraud. Prior to that on January 22, 2019, IVDC 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 arises out of three loans funded by S...

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 – restit...

Excerpt: ...er entered on September 17, 2019, after the filing of an amended proof of service. On September 20, 2019, Plaintiff filed an amendment to the complaint correcting the spelling of Defendant's last name and including her full middle name. The amendment was served by mail, and a second entry of default with Defendant's correct name was entered on October 30, 2019.1 Defendant now seeks to set aside the entry of default pursuant to Code of Civil Proce...

Excerpt: ...iff was sentenced to prison for 26 years‐to‐life after the jury found him guilty of first‐degree murder, first‐degree residential burglary, conspiracy to commit robbery, two counts of first‐degree residential robbery, and found true a firearm enhancement. (Id. at pp. 627, 637.) In 2018, the Legislature passed, and the Governor signed into law, Senate Bill No. 1437 (SB 1437, codified at Penal Code1 section 1170.95) which restricted the c...

Excerpt: ...d against the State of California (the “State”), amongst other Defendants. The State moves here to strike lines 8‐11 of paragraph 18 of the complaint, and lines 19‐21 of paragraph 19 of the complaint, on the grounds that the factual allegations in those portions of the complaint are not fairly reflected in, or are in variance with, the government claims submitted by Plaintiffs. The Court grants the State's Request for Judicial Notice and ...

Excerpt: ...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 arises out of three loa...

Excerpt: ...served their first set of written and special interrogatories (the “Discovery”) on Plaintiff. Plaintiff served initial responses to the Discovery on May 13, 2019, and amended responses on July 31, 2019. In September, Defendants' counsel sent further meet and confer correspondence regarding the amended responses, and the parties agreed to an extension of Defendants' deadline to file a motion to compel. The parties met and conferred but could n...

Excerpt: ...DG”) (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, a...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...ly, “Plaintiffs”)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 According to Plaintiffs, Geiger was a K‐9 Officer with the City of Exeter and the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to ...

Excerpt: ...efore an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already am...

Excerpt: ...ia, under the custody of the California Department of Corrections and Rehabilitation (the “CDCR”). Plaintiff alleges that on January 13, 2016, he was diagnosed with degenerative spondylosis by a Dr. Gallagher. (FAC, First Cause of Action, p. 1, ¶ 1.) A second doctor, Dr. Voegele, allegedly gave Plaintiff a lifting restriction of 19 pounds. (Ibid.) Plaintiff alleges that thereafter prison personnel gave him a job assignment that he was medica...

Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...

Excerpt: ...; (3) fraudulent inducement – concealment; and (4) fraudulent inducement – intentional misrepresentation. This lawsuit arises out of Plaintiff's purchase of a new 2013 BMW X5 vehicle that was equipped with a faulty Takata airbag. Now before the Court is Defendants' motion for summary judgment or, in the alternative, summary adjudication. Legal Standard. “The purpose of a summary judgment proceeding is to permit a party to show that material...

Excerpt: ... Kelly and David Ammons (“Moving Parties”) requesting their personal appearance and production of documents at trial. At the time, trial was set for December 10, 2019. The trial date has since been moved and new subpoenas issued on December 12, 2019 (the “Subpoenas”). Because the issues remain the same, the parties have agreed to have this motion address the latter subpoenas. The Moving Parties are lawyers with the firm LTL Attorneys LLP ...

Excerpt: ...idewalk that he was walking on ended abruptly and for no apparent reason. (Ibid.) Plaintiff's complaint alleges once cause of action for premises liability. Within that cause of action, Plaintiff alleges three counts against the City and the Does: Count One‐ Negligence (Complaint, p. 4, ¶ Prem.L‐2), Count Two‐Willful Failure to Warn (Id., ¶ Prem.L‐3) and Count Three‐Dangerous Condition of Public Property (Id., ¶ Prem.L‐4.) The City...

Excerpt: ...e District to submit two categories of documents for the Court's in camera review: (1) e‐mails between the District's employees and (2) various miscellaneous items (collectively, the “NonProduced Documents”). Both categories had been listed on the District's privilege log, and had not yet been produced to The Tribune. The Court ultimately determined that both categories were nonresponsive to The Tribune's PRA requests, and need not be produ...

Excerpt: ... its answer on July 26, 2018. Oetiker moves here for leave to file an amended answer to assert two new affirmative defenses for failure to comply with the Right to Repair Act (Civil Code sections 895, et seq., 945.5) and statute of limitations (Civil Code section 941). Oetiker timely served the motion on counsel for Plaintiff but no opposition was filed. Oetiker argues that after answering Plaintiff's complaint, the parties commenced discovery. D...

Excerpt: ...Roe 1. On January 4, 2019, DC Design & Construction filed a cross‐complaint against Chronomite for apportionment of fault and indemnification. On June 26, 2019, the parties held a trial setting conference and set a trial readiness conference for November 13, 2019 and a trial date of November 18, 2019. On July 12, 2019, Chronomite filed another amendment substituting Centervest Capital, LLC (“Centervest”) and Besher Holdings, LLC (“Besher�...

Excerpt: ... Los Ranchos Del Mar (LRDM). The underlying dispute involves LRDM's and the City's efforts to annex approximately 154 acres of undeveloped real property (the Property), owned by LRDM, into the City. In 2004, the City and LRDM entered into a “Pre‐Annexation and Development Agreement No. 2004‐01” (the Development Agreement). In 2005, pursuant to the Development Agreement, the City and LRDM applied to LAFCO for annexation of the Property. Th...

Excerpt: ...elated to planting, growing, harvesting, shipping, cooling, processing, and/or shipping fruits and/or vegetables and who worked in California between May 1, 2011 and the present (called ‘Harvesters' or the ‘Class') and who were paid by Defendant PALOMA PACKING, INC. (‘Paloma').” The seven subclasses begin the same way but after the phrase “and the present” end as follows: 1. ... and who were paid by Paloma and for whom Defendants have...

Excerpt: ...On May 30, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). The FAC alleges fourteen causes of action against Defendants. This action arises out of Plaintiffs' employment at Sky River. The FAC alleges that Defendants discriminated against and harassed her based upon her medical condition, namely melanoma, failed to accommodate her or engage in an interactive process, and wrongfully terminated her in violation of public policy. Sm...

Excerpt: ... 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 dissolved.” (SAC, ¶ 3.) Plaintiffs al...

Excerpt: ...n 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 disco...