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: ...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...