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