Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...

Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...

Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...

Excerpt: ...t James McKiernan Lawyers, his second 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. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...

Excerpt: ...dwards 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 assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...

Excerpt: ...kiff Management Corporation (collectively “Defendants”). On July 8, 2019, Defendants filed a cross‐complaint for declaratory relief and interpleader. On that same day, Plaintiffs filed an ex parte application for a TRO and to set an OSC re: preliminary injunction. Skiff and Binney were business partners in various business ventures for many years. In 2003, Skiff and Binney organized the Manse on Marsh, LP, as a California limited partnershi...

Excerpt: ...�) (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, and as...

Excerpt: ...ed Complaint later that same day (“FAC”). Plaintiff alleges that on May 15, 2018, he obtained medical services at an urgent care facility. (FAC, ¶ 1.) Unbeknownst to Plaintiff, the facility sent various tests to Quest for diagnosis. (Ibid.) Medical diagnostics are not insured under Plaintiff's health insurance plan. (Ibid.) Plaintiff alleges that he had no contractual agreement with Quest or even knew of Quest's existence at the time he rece...

Excerpt: ...G”) (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, an...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...

Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...

Excerpt: ...mmission (LAFCO) and the Special District Risk Management Authority (SDRMA2 ), and the City of Pismo Beach (the City) and Central Coast Development Company (CCDC). LAFCO contends the Indemnity Agreements required the City and CCDC to reimburse LAFCO for certain attorneys' fees it incurred. As has been extensively outlined in prior rulings, the underlying dispute involves efforts to annex certain real property into the City of Pismo Beach. CCDC, d...

Excerpt: ...orm Interrogatories, Special Interrogatories (set one), and Requests for Production of Documents (set one), on Plaintiff. Defendant granted Plaintiff three extensions to submit responses with the latest deadline falling on December 10, 2018, but no responses were served. On November 27, 2018, Plaintiff brought a Motion for Protective Order, seeking to protect him from having to respond to the discovery. The motion was heard and denied by the Cour...

Excerpt: ...ial Council Coordination Proceeding No. JCCP5036 Hearing: Petition for Coordination and Motion for Stay Date: July 18, 2019 ____________ On May 21, 2018, Arturo Arguello (“Arguello”) filed a class action suit against Community Health Centers of the Central Coast, Inc. (“CHC”), alleging various Labor Code violations. The action was filed with the San Luis Obispo County Superior Court. A second amended complaint was filed in April 2019. Thi...

Excerpt: ...as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019. The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in Califo...

Excerpt: ...f counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint are served on all Defendants. At the August 24, 2018 hearing, the Court vacated the OSC. On December 11, 2018, Plaintiff again failed to appear at a Case Management Conference and the matter was again set for an OSC re: Dismissal. Plaintiff's counsel filed another declaration that stated that the complaint was out with Federal Express fo...

Excerpt: ...endants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to ...

Excerpt: ... action for (1) violation of the Fair Employment and Housing Act; (2) discrimination, retaliation, and harassment on the basis of anticipatory California Family Rights Act leave; (3) breach of express oral contract not to terminate employment without good cause; (4) breach of implied‐in‐fact contract not to terminate employment without good cause; (5) negligent hiring, supervision, and retention; (6) wrongful termination in violation of publi...

Excerpt: ...tus assumpsit; (3) account stated; (4) quantum meruit; (5) foreclosure of mechanic's lien; (6) unjust enrichment; and (7) fraud and deceit—intentional misrepresentation of fact. Defendants demur here to Plaintiff's seventh cause of action for fraud1 pursuant to Code of Civil Procedure section 430.10(e), on the grounds that Plaintiff does not allege the requisite elements of fraud with sufficient particularity, and fails to state facts sufficien...

Excerpt: ... to Code of Civil Procedure section 512.010. Kaney filed an opposition on Sunday, July 14, 2019, directing the Court to her verified answer. (Code Civ. Proc., § 512.050 [court shall make its determination upon the basis of the pleadings and other papers in the record].) Service: Under Code of Civil Procedure section 512.030, if a defendant has not yet appeared in the action, then the application for a writ of possession must be served in the sam...

Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...

Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...

Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...

Excerpt: ...inst the City of Paso Robles (the City). The petition is opposed. Petitioner alleges that Mr. McGuire first assaulted her on December 19, 2017, after the Department responded to a call from Petitioner. Petitioner alleges that Mr. McGuire and several other officers responded to Petitioner's call. (Groom Decl., ¶ 2.) Petitioner alleges that Mr. McGuire dismissed the other officers, but remained at Petitioner's home for an additional four hours. (G...