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: ...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: ...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: ...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: ..., 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: ... 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: ...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...