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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 (�...