Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...

Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...

Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...

Excerpt: ...rogatories, Set One ("Form Interrogatories"); 3. Defendant's Supplemental Interrogatory ("Supp. Interrogatory"); 4. Defendant's Supplemental Request for Production of Documents ("Supp. RFP"); 5. Defendant's Requests for Admissions, Set One ("RFA"). Plaintiff opposes the motions and argues that his objections have merit and he has provided responsive answers to the extent possible. 1. Standard for Determining Motion to Compel Further Discovery Res...

Excerpt: ...auses of action for gross negligence and intentional infliction of emotional distress, respectively. Defendants move on the grounds that their complaint of fall well short of the required showing of "extreme" and "outrageous" conduct on behalf of the moving defendants. Plaintiffs oppose the moton as to Shelley only. As to Robert Higginbotham, Plaintiffs do not oppose a dismissal of him as a defendant with respect to their sixth and seventh causes...

Excerpt: ...ifornia. Plaintiff worked for Defendants from March 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. In March, 2023, Plaintiff and Defendants entered into a Stipulation of Settlement of Class and PAGA Acton Claims and Release of Claims ("Settlement Agreement"). (Declaration of Jean-Claude Lapuyade ("Lapuyade Decl."), Ex. 1.) Plaintiff did not notify the Labor and Workforce Develo...

Excerpt: ...ky Car Wash Associates, L.P.; Quiky Car Wash, LLC (collectively "Defendants"); and Sun Day Carwash, Inc. ("Sun Day"). Plaintiffs' complaints sets forth fifteen causes of acton. The summary of Plaintiffs' claims is as follows: Defendants Hamish Marshall ("Marshall") and Rodney Cegelski ("Cegelski") (collectively, the "Individual Defendants"), individually and through their entities, are wrongfully taking steps to cause (1) the asset sale of Nomina...

Excerpt: ...hell Tae-Yeon Kim is Grace's sister. Grace's father, Kenny Kim, is not a party to this action. (Compl., '1 8.) The dispute centers around real property located at 802 Park Way in Arroyo Grande (the Property). Plaintiffs allege that Mary and Kenny, through the Trust, purchased the Property in 2018 for Plaintiffs and their young son to live in with the understanding that Plaintiffs would make payments on the Property for thirty years, or until 2048...

Excerpt: ...m SLOCAL. SLOCAL moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton. On November 28, 2023, after their opposition was filed,...

Excerpt: ...nitial forfeiture gave the bail agent 185 days from the date of forfeiture to locate and return Ms. Vargas to custody. (Pen. Cade, S 1305.) On January 13, 2023, notice of the forfeiture was sent to Bail Hotline's agent and its surety, Financial Casualty and Surety, Inc. (Moving Party). This notice informed Bail Hotline's agent and Moving Party that the forfeiture would become absolute on July 23, 2023, following the 185-day statutory timeframe ou...

Excerpt: ...tion of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV-0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FAC on the grounds that they are fraudul...

Excerpt: ...ment Permit Project No. P20-000076 (the Administrative Permit). Currently before the Court is the City's demurrer to the SAP on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. Specifically, the City argues that Petitioners' claim is barred by the relevant statute of limitations. (Gov. Code, S 65009, subd. Section 65009, subdivision (c)(1)(E) requires that any action challenging cond...

Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...

Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...

Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...

Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...

Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...e of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration (AAA), and for a stay of the action pending arbitration. The moton and supporting papers were served on Defendants' counsel on October 4, 2023; no opposition is on file. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Hey...

Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...

Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...

Excerpt: ...ract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross-complaint against the City for breach of contract, breach of the implied covenant of gtncl faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. Factual Background First Debarment On December 19, 2017, after a competitive bidding process, the City awarded VLS a contract in the amount of $2,091,486 for the Five Cites...

Excerpt: ...aintiff had filed a PAGA Representative Action (Case No. 21CV-0651) (the PAGA Acton). Plaintiff reports the matter has settled and moves for preliminary approval of the Joint Stipulation of Class Action Settlement (the Agreement). Civ. Proc., S 382; Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the cl...

Excerpt: ...o Plaintiff's First Amended Complaint ("FAC"). Defendants demur to the Third Cause of Acton for Breach of Covenant of Quiet Enjoyment and Fourth Cause of Action for Breach of Implied Warranty of Habitability. Defendants move to strike allegations in paragraphs 1, 21, and 28 of the FAC for punitive damages and the prayer for punitive damages. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. I...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ...h of the covenant of good faith and fair dealing; 4) specific performance; 5) accounting; and 6)-7) declaratory relief. The action arises out of an alleged partnership between Plaintiff and Defendants to purchase and develop property. Plaintiff seeks an order that Jack Ranch transfer two lots of land to Plaintiff or in the alternative he seeks more than in damages. Defendants demur to the first and fifth causes of action pursuant to Code of Civil...

Excerpt: ... 2021, Defendants filed their answer. At the same time, Defendants propounded their initial round of discovery on Plaintiff which consisted of form and special interrogatories and requests for production of documents. (Declaration of Christopher J. Mohamed (Mohamed Decl.) 3.) Plaintiff provided responses on September 8, 2021, and on January 25, 2022, Defendants filed their first amended answer to the complaint. On August 15, 2022, Plaintiff's for...

Excerpt: ... cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak Rentals, LLC v. Nevis, 22CV- 0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the complaint to be fraudu...

Excerpt: ...hat the rodents caused significant damage to the Property. On December 16, 2022, the Court granted the motion to strike expert witness designation filed by Defendants OiC Real Estate Services, Inc. (OiC) and Kristenann Murchison (Murchison). In their motion, Defendants argued that the expert designation was not only tardyl but also failed to include a declaration from counsel in support describing the expert witness's areas of expertise. In grant...

Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...

Excerpt: ...er Beach, CA (“the Property”). If there is a surplus a
Ler payment of the secured obliga
Ÿon, a trustee who does not Þle an interpleader must serve by mail a prescribed no
Ÿce of such surplus on all persons en
Ÿtled to no
Ÿces of default under Civ. Code, § 2924b, subd. (b) and (c). (Civ. Code, § 2924j, subd. (a).) If a conßict between poten
Ÿal claimants exists that the trustee cannot resolve through due diligence, the trustee may, o...

Excerpt: ...claiming he never agreed to sign an arbitration agreement electronically and did not do 1. Legal Standard The standard for determining a motion to compel arbitration is as follows: On a petition to compel arbitration, the trial court must first determine whether an "agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the petition...

Excerpt: ...ttorney Haskell (res judicata) and Judge Foley (immunity) without leave to amend and sustained demurrers as to all other defendants with leave to amend. On July 27, 2023, Plaintiff filed a First Amended Fraud Complaint ("FAC"). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. The 44- page FAC alleges a myriad of facts, statements and thoughts with the word "fraud" interposed throughout and cit...

Excerpt: ...ound a home they intended to buy, and decided to obtain the loan in Defendant's name only as her credit was better than Plaintiff's credit. Plaintiff alleges he gave Defendant $17,000 in order to obtain the loan. Plaintiff also alleges he performed renovations on the Property. Plaintiff alleges that Defendant is now the sole owner of property identified as 938 Pecho Street, Morro Bay, CA 93442 with Assessor's Parcel Number: 066-201-037 ("Property...

Excerpt: ...y the Commission. (Administrative Record [AR], 149, '1 2.) On October 29, 2020, Sandy, in her official capacity as Executive Director of the Commission, filed an Accusaton against Petitioner, requesting a hearing on the matters alleged and that the Commission issue a decision revoking Petitioner's teaching credential. (AR 149-156.) An administrative hearing was held October 4-8, 2021, before Administrative Law Judge (ALJ) Chantal M. Sampogna. (AR...

Excerpt: ....). On April 27, 2023, this Court granted preliminary approval of the settlement. Plaintiff has now filed a Motion for Final Approval of Class Acton Settlement. The motion is unopposed. The settlement class consists of "all current and former non-exempt employees who worked for Defendant Holand America Flowers, LLC in California from May 11, 2017 through April 27, 2023 (the "Class Period.")" (Settlement Agreementl 1.) There are 803 Settlement Cla...

Excerpt: ... in the ATV that render it unusable and were not fixed. Before the Court is Custom's demurrer to the Fourth, Fifth, and Sixth Causes of Acton in the SAC and Motion to Strike Paragraph 51, page 12, lines 16-23 and Prayer for Relief (c), page 15, lines 3-4 of the SAC. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. ...

Excerpt: ...On July 21, 2023, Elyon filed a cross-complaint for: 1) foreclosure of mechanic's lien; 2) breach of written contract; and 3) quantum meruit. Elyon alleges that on October 11, 2022, it entered into a Professional Services Agreement under its dba, Schaefer Custom Homes (the Agreement), wherein it agreed to provide Mathias pre- construction services for a luxury custom home to be built on the Property. (X-Compl., '1 4.) Elyon provided pre-construct...

Excerpt: ...is Obispo, and the Planning Commission of the County of San Luis Obispo (the Planning Commission) (collectively Respondents or the County). The Petition alleges seven causes of action: 1) Writ of Mandate for Abuse of Discretion, CCP S 1085 or CCP S 1094.5; 2) Writ of Mandate for Arbitrary and Capric:ious Conduct; 3) Writ of Mandate as Respondents Had No Authority to Deny", 4) Writ of Mandate (CCP S 1094.5) as Respondents' Decision is Not Supporte...

Excerpt: ...tion for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." Section 338, subdivision (d) is not authority for filing a motion determining whether the delayed discovery rule applies in a case. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[al plaintiff whose complai...

Excerpt: ...leging various wage and hour violations, violations of Business and Professions Code secton 17200, and a PAGA claim. On March 24, 2022, Plaintiff served his first set of special interrogatories (Interrogatories) and first set of requests for production of documents (RPD) on Defendant. As to the Interrogatories, Defendant made several objections but prov-ded no substantive responses. As to the RPDs, Defendant made several objections but prov-ded s...

Excerpt: ...his action against Defendants for allegedly breaching the Contract and failing to pay for Plaintiff's services. The Contract includes a mandatory arbitration clause, and Plaintiff's counsel acknowledged that the dispute would have to be arbitrated ifthe parties could not reach a settlement. (Complaint, Ex. 1 S 6.2; Amended Declaration of Wesley Bonnheim ("Bonnheim Dec.") '1 7, Ex. 2.)1 On or about February 16, 2023, Plaintiff advised Defendants t...

Excerpt: ...fore the Court is Cotton's motion to quash service of summons. Code of Civil Prmædure section 418.10, subdivision (a)(l) entitles a defendant to file a motion to quash service on the ground of lack of jurisdiction. In response to a motion to quash, the plaintiff has the burden of establishing the facts that demonstrate the court's acquisition of personal jurisdiction over the defendant, including the facts showing effective service of process. (...

Excerpt: ...y"). In August 2012, Krista Koening ("Koening") and David Kneller leased a portion of the Huasna Property for use as a horse training facility. (Second Amended Complaint "SAC" '17.) In 2016, Koening registered to grow cannabis on the Huasna Property allegedly with the Smiths' knowledge and approval. (SAC 10.) In 2017, Koening and others formed SLOS for the purpose of applying for a cannabis permit to grow cannabis on the Huasna Property. (SAC '11...

Excerpt: ...ly filed (and then dismissed) complaint did not qualify as "litigation" for purposes of vexatious litigant law. Subsequently, on July 13, 2023, the Court ordered Plaintiff to posta $15,000 bond pursuant to Code of Civil Procedure section 1030. Currently on calendar is Defendant's renewed Mohon to Deem Plaintiff a Vexatious Litigant. (Code Civ. Proc., S 391.1.)1 Plaintiff opposes the motion. The Court grants Defendant's Request for Judicial Notce....

Excerpt: ...inst multiple defendants including Alfred Nevis (Nevis), Makat Investments LLC (Makat) and Corbett AG, LLC (Corbett) (collectively the Nevis Defendants). The Live Oak Action alleges five causes of action for: 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; and 5) declaratory judgment. On that same date, Manji 2514 W, LLC (Manji) filed an action (22CV-0430, the Manji Acton) against multiple def...

Excerpt: ...ts misclassified him as an exempt employee and did not pay him in compliance with the Labor Code. LeMoine alleges that he was terminated in retaliation for raising the issue of unpaid wages and objecting to a deduction in wages for a business loss. Before the Court is Defendants' demurrer to the Sixth, Seventh and Ninth Causes of Action in the FAC and Devries' Motion to Strike paragraph 62 of the FAC. Defendants contend that the Sixth Cause of Ac...

Excerpt: ...with the City of Pismo Beach Police Department ("CPMPD"). (Complaint, p. 2, II. 16-18.) Plaintiff alleges that Defendant failed to timely respond to that request. (Cal. Gov't Code S 6253, subd. (c).) Approximately one week after the deadline to respond had passed, Plaintiff followed up with CPMPD, but the dispatcher could not assist him. (Complaint, pp. 2-3, II. 26-2.) Plaintiff left a message with the Chief's secretary but received no return cal...

Excerpt: ...Plaintiff to the San Luis Obispo Police Department in July 2019, and on Facebook. Trial in this matter is set for February 26, 2024. Plaintiff seeks to file a first amended complaint which: (1) clarifies the actionable statements attributed to Hale; (2) attaches additional exhibits that reflect the date and time Hale made her Facebook statements; and (3) dismisses the cause of action for defamation — false light. No opposition is on file. The C...

Excerpt: ...endant entered into a transaction with Westlake Farms, Inc. (Westlake) and Ceil Howe, Jr. by which: (1) Westlake and Mr. Howe's predecessors in interest sold 14,469 acres of farm land in the Kettleman City area of California to Defendant (the Land Sale Agreement); (2) Westlake, via a Leaseback Agreement, leased back more than 12,000 acres of that land from Defendant for a minimum term of 30 years to farm. (Compl., '17.) Plaintiff alleges the Leas...

Excerpt: ...and Labor Code section 1102.5. Factual Allegations In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then-employer, the Lucia Mar Unified School District (LMUSD), for its alleged violation of the Education Code by MUSD's installation of video cameras in Plaintiff's instructional area. (Compl., '1 1.) On October 10, 2017, Plaintiff sent an email to the parents of an affected student with a copy to LMU...

Excerpt: ...urrently before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendants argue the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All document...

Excerpt: ... driven by McCullough. The incident occurred on February 15, 2019, on the US-IOI freeway near Price Street in Pismo Beach. Plaintiffs allege that the collision was caused by McCullough's negligent driving. Pursuant to Code of Civil Procedure section 1030, 1 McCullough and RTA (collectively Defendants) move for an order requiring Plaintiffs to file an undertaking in the amount of $37,009.00 to secure any award of costs that may be awarded against ...

Excerpt: ... with a related achon filed on March 13, 2023, by Defendant against Plaintiff. The actions arise out of ownership, control and management of Grossini's Autobody, lnc„ located in Grover Beach (Grossini's or the Corporation). Plaintiff now seeks a preliminary injunction restraining Defendant and her agents representatives, or persons acting in concert or participation with her, from "controlling, transferring, withdrawing, encumbering, or otherwi...

Excerpt: ... March 2019. Defendants filed an answer generally denying all allegations and asserting affrmative defenses. Plaintiff reports the matter has been resolved and seeks preliminary approval of the settlement by the Court. Specifically, Plaintiff seeks an order as follows: 1. Preliminary approval of the settlement described in the Stipulation of Settlement of Class and PAGA Action Claims and Release of Claims, attached as Exhibit 1 to the Declaration...

Excerpt: ...efendant appeared for arraignment and executed a waiver of personal presence under Penal Code section 977 ("977 waiver"). 1 (Opposition, Ex. A.) Defendant did not appear thereafter, with all appearances being made by his attorney. (See Motion, Ex. B.) On February 9, 2022, at a pretrial conference, Defendant's counsel informed the court that he had lost contact with Defendant and the Court ordered the bond forfeited. A Notce of Forfeiture was file...

Excerpt: ..., before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendant argues the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All documents inclu...

Excerpt: ...Center, Galileo Surgery Center, Camarillo Ambulatory Surgery Center, Spanish Hills Surgery Center, Cypress Ave. Realty Investment Co., LLC, Central Coast Medcare, LLC, PK Surgery Investors, LLC, Healthcare Billing & Bookkeeping Services, Inc., Healthcare Billing and Management Services, Inc., Boris Pilch, M.D., Jashvant Patel, M.D., and Marc Wolfsohn, M.D. (“Defendants”) Þled a mo
Ÿon for summary judgment, which was granted in its en
Ÿrety...

Excerpt: ...ect that was not dangerous as a matter of aw. It also contends that Frucht cannot prove City had actual or constructve notice of the defect. Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) As the moving party, City has the initial burden to show the cause of action has no merit by either showing that one or more e...

Excerpt: ...s pecuniary damages pursuant to the Third Cause of Acton for Slander of Title." As such, Plaintiff is entitled to its attorney fees as damages. Defendant San Luis Obispo Guild Hall opposes the motion, arguing it is improper because Defendant has appealed the Court's ruling on Plaintiff's summary judgment moton. Defendant contends the Judgment awarded Plaintiff attorney fees "once as damages," but that Plaintiff now seeks to "double that recovery ...

Excerpt: ...sts ("Judgment Amount"). (Agreement 1). The Agreement sets forth a payment schedule and provides that upon default of any payment the entire judgment, less any amounts paid, is due and Plaintiff can move to vacate dismissal and request entry of judgment. (Agreement 1, 3, 4 and 7). On December 20, 2021, the Court dismissed the case pursuant to the Agreement and retained jurisdiction under Code of Civil Procedure section 664.6 ("section 664.6"). Pl...

Excerpt: ...ended Cross-complaint ("FACC") alleges that the founding members orally agreed to enter into a partnership to grow and sell cannabis to dispensaries (the "Oral Agreement"). (FACC '112.) The parties formed the LLC and entered into a written Operating Agreement ("Operating Agreement") in accordance with the Oral Agreement. (FACC 14, 33.) The parties located agricultural real property ("Property") and agreed that Pritz would purchase the Property be...

Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...

Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...

Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...

Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...

Excerpt: ...ground Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2020 Plaintiff was employed by Defendant as a "direct support professional" and part of the frontline staff that took care of the residents. (UMF 9-10.) Plaintiff was employed at Sunset House. Plaintiff's job duties included helping residents wit...

Excerpt: ...er 7, 2018, Plaintiffs' son, Jordon Grant,l was riding his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. At the tme of the incident, a GoPro camera was attached to Jordan's helmet. The memory card (Micro Secure Digital Card [SD Card)) from the GoPro camera was subs...

Excerpt: ...or Production of Documents, Set One ("RFP"); Form Interrogatories, Set One ("Form Interrogatories"); and Special Interrogatories, Set One ("Special Interrogatories"). Plaintiff served objections to the RFP and Special Interrogatories and objections to many of the Form Interrogatories. 1 On November 3, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel. Cannon attempted to meet and confer with Plaintiff and her former c...

Excerpt: ...ed to pay. On October 21, 2022, Plaintiff filed this action against Defendant for Declaratory and Injunctive Relief, Breach of Contract, Negligence, and Breach of Fiduciary Duty. Plaintiff filed the subject motion seeking preference pursuant to Code of Civil Procedure section 36, subdivision (a), which provides that "[a] partyto a civil achon who is over 70 years of age may petition the court for a preference, which the court shall grant if the c...

Excerpt: ...r 7, 2018, Plaintiffs' son, Jordon Grant (Jordan), was riding his motorcycle southbound on Highway 101, when Richard Giuli, who was driving eastbound on El Campo Road, made a left turn onto the highway. Mr. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. In the first amended complaint, Plaintiffs assert a single cause of action against the County for Dangerous Condition of Public Property under Government Cod...

Excerpt: ...eys, several individuals, and a Santa Barbara County Superior Court Judge ("the Complaint"). Four demurrers filed by the following defendants are at issue: 1. City of Santa Barbara and its employees sued in this case (collectively referred to as "City Defendants"); 2. Attorney Gabriela Ferreira ("Ferreira"); 3. Lisa Ann O'Niahll ("O'Niahll"); 4. Attorney Christopher E. Haskell ("Haskell") All the demurrers are brought on the grounds that the Comp...

Excerpt: ...te concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) l. FACTUAL BACKGROUND Plaintiffs are the owners of real property located at 5255 Cascabel Road in Atascadero (the Property). Priorto Plaintiffs' ownership, the Property was owned by Darren Thomas (Thomas). In September 2007, Thomas a...

Excerpt: ... of Civil Procedure section 2023.040. Defendants contend that Plaintiffs served a non-complaint Supplemental Designation of Experts that included admissions that it was intended as a placeholder. Defendants seek an order striking the supplemental designation, a sanction order prohibiting introduction of expert testimony by Plaintiffs at trial (aside from rebuttal testimony) and monetary sanctions against counsel for Plaintiffs payable to Defendan...

Excerpt: ...l Defendant to prov-de further discovery responses and to have requests for admissions deemed admitted. No opposition has been filed. The specific discovery at issues is as follows: 1. Plaintiff's Form Interrogatories, Set One, ("Form Interrogatories") interrogatory numbers 2.1, 2.2, 2.3, 2.5, 2.5, 2.7, 2.8, 2.9, 2.10, 17.1, 50.1, and 50.6; 2. Plaintiff's Special Interrogatories, Set One, ("Special Interrogatories") interrogatory numbers 5 and 6;...

Excerpt: ...assaulted her while giving her a massage. When questioned by Defendant, Denneen admitted Plaintiff's allegations and was fired. Denneen had worked for Defendant for fifteen years and three customers had complained about Denneen's odd behavior. Plaintiff alleges that Defendant knew or should have known of Denneen's propensity to act inappropriately, and to commit acts of sexual misconduct but breached its duty of care to warn and protect its patro...

Excerpt: ... Lab. Code, S 2698, et seq.). Plaintiff reports the matter has settled and moves for preliminary approval of the Stipulation of Settlement (the Agreement). (Code Civ. Proc„ S 382, Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel as class coun...

Excerpt: ...horses, other farm animals and farming operations on Petitioner's Property. On November 14, 2022, Petitioner filed an application with the Department of Fish Wildlife for an emergency permit allowing her to install a temporary, prefabricated bridge across the Creek in an area outside the Access Road. The Department of Fish Wildlife allows for work to be conducted on an emergency basis with the determination of whether an emergency exists being ma...

Excerpt: ...nder), John Robinson (Robinson), and Joseph Seither (Seither).l The individual defendants are members of the EHHOA board, and are named as defendants in the complaint's first and fifth causes of action (breach of fiduciary duty and gross negligence, respectively). Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo, California. The parties' dispute concerns Pla...

Excerpt: ...et (the "Lease") for space in the Brickyard property ("the Premises"). (Segal Decl. 5.) The Lease term is for two (2) years and five (5) months commencing on November 1, 2020, and expiring on March 31, 2023. (Segal Decl. Ex. A.) Defendant Alexander Nikolas Gierczyk ("Gierczyk") guaranteed Defendant Life-FX'S performance of the Lease, including its timely payment of all amounts owed under the Lease, pursuant to a Guaranty of Lease ("Guaranty"). (S...

Excerpt: ..., subdivision (b), setting aside this Court's August 25, 2022, order denying Plaintiff a protective order and awarding sanctions (the Order). Plaintiff further requests an order setting a hearing date regarding Plaintiff's motion for a protective order. The Guimaraes Defendants oppose the motion. Pursuant to Code of Civil Procedure section 473, subdivision (b): The court may, upon any terms as may be just, relieve a party or his or her legal repr...

Excerpt: ...pute concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) Palomar moves for summary judgment, or in the alternative summary adjudication on the ground Plaintiffs' claims are barred by the applicable statutes of repose. (Code Civ. Proc„ SS 337.1, 337.15.)1 For the reasons set forth below...

Excerpt: ...ground The lawsuit arises out of five loans made to Plaintiff, which is a developer of a residential housing project ("Project") in Lompoc, California. The loans were brokered by MCC. Crooks is the President of MCC. All loans were secured by deeds of trust on lots of land within the Project. Each loan had an interest rate of 11% which would increase to 15% in the event of default. At some point, Plaintiff decided to pursue a construction loan wit...

Excerpt: ...3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11-12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the property placed into escrow, but that Plaintiff first neede...

Excerpt: ... $80,000. (ld. p. 3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Martinez's lawfirm of Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11- 12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the Property placed in...

Excerpt: ...equitable easement, (5) quiet title to easement by necessity, (6) declaratory relief, and (7) preliminary and permanent injunction. The Verified Complaint Plaintiff's verified complaint sets forth the following facts. The Properties Plaintiff alleges she owns real property situated in an unincorporated area of San Luis Obispo County near Avila Beach, legally described as Parcel 2 of Parcel Map CO-99-037 in the County of San Luis Obispo. (Plaintif...

Excerpt: ...MW SLO, which BMW SLO accepted. On August 23, 2022, judgment was entered against Defendants pursuant to that offer. Pursuant to the accepted 998 Offer, the parties stipulated for purposes of the offer and acceptance that judgment would be entered against BMW SLO in the amount of $47,021.75, exclusive of costs; that Plaintiff is the "prevailing plaintiff as used and defined by Civil Code section 1794, subdivision (d); and that Plaintiff would surr...

Excerpt: ...ved with the summons and complaint on May 13, 2022. Hansen did not file a responsive pleading, and default was entered on August 11, 2022. Hansen now moves to set aside the default. The Court is not in receipt of an opposition; a proof of service is on file. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Cod...

Excerpt: ...C (Defendants). Plaintiffs also seek an order holding Belsher in contempt of court. Defendants oppose the motion. Relevant Factual Background This case has been heavily litigated. Of note are the following motions: On June 30, 2022, this Court denied Plaintiffs' motion to compel discovery as moot. The Court granted Plaintiffs' request for sanctions and ordered Belsher to pay Plaintiffs $2,695 in sanctions within 30 days. In the instant motion, Pl...