Excerpt: ...dential housing project in Lompoc, California. The loans were brokered by defendant Mid-coast Capital, Inc. ("MCC'). The lender of four of the five loans in question was non-party Miller Family Trust ("Trust"). The loans were secured by deeds of trusts on various lots of real property (Lots 1-5). At some point, Plaintiff decided to pursue a construction loan with RC8 Equities and agreed with RCB that it would have the lenders on the five loans re...

Excerpt: ... Exs. E, F, G.) Plaintiff found certain responses to be insufficient. After meeting and conferring, and follow-ng extensions of tme to respond, Plaintiff filed motons to compel further responses to certain RFPs, RFAs, and form interrogatories. Smart72 served amended discovery responses on Plaintiff concurrently with its opposition brief. (Further Supplemental Declaration of Rebecca Peterson-Fisher (F. Supp. Peterson-Fisher Dec.), 1, Ex. A.) Smart...

Excerpt: ...ants Chad M. Reinhart; Jessica Reinhart née Stout; Stone Mountain Retreat, LLC; and Stone Mountain Ranch, LLC. The complaint asserts causes of achon for (1) breach and overburdening of easements; (2) trespass; (3) nuisance; (4) declaratory relief; and (5) injunctive relief. The Verified Complaint Plaintiffs' verified complaint sets forth the following facts. The Properties and Easements Plaintiffs and Defendants are neighbors who live on Davis C...

Excerpt: .... Now before the Court are Plaintiff's four unopposed motions to compel and request for sanctions. On May 26, 2022, Plaintiff propounded Supplemental Interrogatories and Supplemental Requests for Production Set Two. (Declaration of Tonya Ortega ("Ortega Decl.") 93, Ex A.) The parties mutually agreed to extend the response date to July 6, 2022. As of the filing of the motion, Defendant has not served outstanding responses. (ld. at '14.) On June 16...

Excerpt: ... incarcerated as a result of Defendants' negligence. (Gov. Code, S 815.6.) Now before the Court is Defendants' motion for judgment on the pleadings. The Court grants Defendants' request judicial notice of Governor Newsom's proclamation of the state emergency dated March 4, 2020. l. Background Plaintiff is an inmate at CMC, and at all times relevant to this cause of action was housed in Dorm 12 and had a COVID-19 risk score of 3. (Complaint Cause ...

Excerpt: ...ya Ortega (“Ortega Decl.”) ¶ 4, Ex. A.) Each deposition subpoena also requested extensive document production related primarily to Plaintiff's workers compensation claims and benefits. Plaintiff now moves to quash the subpoenas and for a protective order. Plaintiff also seeks sanctions against defense counsel. Plaintiff argues that the depositions were set unilaterally on a date upon which Plaintiff's counsel, Ms. Ortega, was not available a...

Excerpt: ... located at 802 Park Way, in Arroyo Grande (the Property). Plaintiffs allege that Mary Kim and her husband Kenny Kim, through the Trust, purchased the Property in 2018 for Plaintiffs. Mary and Kenny made a private loan to Plaintiffs, memorialized by a promissory note, requiring Plaintiffs to make monthly payments on the $485,000 note. Plaintiffs allege they paid at least $500 per month in cash per the note's terms, from October 2018 to November 2...

Excerpt: ...nts kept by Plaintiff, that constituted the principal record of transactions between Plaintiff and Defendant relative to Defendant's credit card account, and none of the statements were disputed by Defendant. Defendant opposes the motion. The Court grants Plaintiff's request that the Court take judicial notice of 15 U.S.C. section 1666, and 12 C.F.R. section 202.12. Plaintiff's motion is supported by its separate statement of undisputed material ...

Excerpt: ...lopment Permit Project No. P20-000076 (the Permit). The Amended Petition requests a writ directing the City to approve the Permit “without any unlawful conditions attached.” (Amd. Pet., p. 14, ll. 1- 4.) Currently before the Court is the City's demurrer to the Amended Petition on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, the City argues that Petitioner...

Excerpt: ...andling of body and remains, (5) negligence and negligence per se, (6) intentional infliction of emotional distress for mishandling of body and remains, and (7) negligent handling of a corpse and infliction of emotional distress. In the complaint, Plaintiff alleges she is a Trustee of the Ruth Madocks Trust (the Trust) and was specifically authorized by the Trust to carry out Ruth Madocks' wishes regarding her remains and memorial service. (Compl...

Excerpt: ... is the District's demurrer to the FAC. The details of this case have been extensively discussed by this Court in a related case seeking a writ of administrative mandamus: Crawford v. Cayucos Sanitary District, case no. 21CV-0554, and will not be reiterated here. The basic facts are that Plaintiff was a civil service employee for the District from March 26, 2012, until March 31, 2021, when she was terminated after a noticed hearing. Plaintiff all...

Excerpt: ...ein filed a first amended complaint (“FAC”) on May 25, 2022. The FAC does not identify any causes of action. Cyr filed a demurrer and motion to strike, arguing the FAC is barred by the applicable statute of limitations, fails to state facts sufficient to constitute a cause of action, and as a whole is uncertain. For the reasons set forth below, the demurrer is sustained without leave to amend. Cyr's motion to strike is granted without leave t...

Excerpt: ...Kathryn Specchierla, Lawrence Specchierla, and Maureen Harty Specchierla, as co- trustees of the Specchierla Family Living Trust.1 The complaint sets forth causes of action for: (1) Wrongful Interference with Easement; (2) Quiet Title to Easement; (3) Trespass; (4) Nuisance; (5) Declaratory Relief; and (6) Injunctive Relief. On December 31, 2020, Michael Specchierla and Trustee Maureen Specchierla filed a cross- complaint against Plaintiffs. Kath...

Excerpt: ...f Pismo Beach pier on September 12, 2020. Plaintiff claims that due to the unsafe design and manufacture of the slide, Plaintiff slid down the slide at a very high rate of speed, causing significant injury. (Second Amended Complaint (SAC), ¶¶ 14-15.) Plaintiffs allege causes of action including negligence, strict products liability, and loss of consortium. Cannon now moves for summary adjudication as to Plaintiffs' first cause of action for neg...

Excerpt: ...hysical Education issued by the Commission. (Respondents' Request for Judicial Notice [RFJN], Ex. A, p. A-10, ¶ 1.) On December 17, 2021, following a four-day hearing, the Commission issued a decision revoking Petitioner's credential. (Id. at p. A-4; Pet., ¶ 48.) The decision became effective on January 16, 2022. (Id. at p. A-4; Pet., ¶ 46.) With his petition, Petitioner requests that the Court issue a writ of mandate commanding Respondents to...

Excerpt: ... Property) to Plaintiffs pursuant to a September 3, 2021 Residential Purchase Agreement and Joint Escrow Instructions. (Compl., ¶ 6.) Plaintiffs allege the Property is located within the Cypress Ridge Owners Association (CROA) and is adjacent to the Cypress Ridge Golf Course (the Golf Course). (Id. at ¶ 7.) Plaintiffs allege one of the reasons they were drawn to the Property was because it fronts Avocet Lake. (Ibid.) Plaintiffs further allege t...

Excerpt: ...laintiff on July 14, 2020. No trial date is set. Now before the Court is Plaintiff's motion for leave to file an amended complaint. Legal Authority “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473, subd. (a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, a court's discretion usually will...

Excerpt: ... managing member and signed a declaration on its behalf for the issuance of the permit. (Id. at Ex. 3, p. 0035.) On October 22, 2019, Respondents granted the issuance of a permit, subject to Petitioner's compliance with the applicable Municipal Code provisions. On October 20, 2020, Dayspring transferred his interest in Petitioner to Valnette Garcia. (Pet., ¶ 20, and Ex. F. at NHCSLO000046.) On or around July 28, 2021, Dayspring entered into a pl...

Excerpt: ...ueline Hobe) to sell the Property. The answer further alleged that as Jacqueline's heir, Dale was entitled to possession of the Property.2 On November 7, 2019, Dale and the Estate of Jacqueline Hobe (collectively, Plaintiffs) filed a civil action against Nielsen. The civil complaint sets forth causes of action for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach...

Excerpt: ...s counsel. (Id., ¶¶ 2, 3.) Mount now moves to compel responses without objections to his Form Interrogatories dated June 29, 2022, within two weeks of the date of this order. Mount further moves for monetary sanctions in the amount of $2,560 including filing fee, and attorney time at an hourly rate of $500 per hour, subject to increase if a reply brief is necessary. (Whitehead Dec., ¶¶ 4, 5.) Graciano's opposition challenges only the amount o...

Excerpt: ...ation filed on October 12, 2021, by defendant and cross‐complainant Miracle Construction Company Incorporated d/b/a Miracle Play System (Miracle) against co‐defendants Universal Precast Concrete, Inc. (UPC), RRM Design Group, Vernon Edwards Constructors, Inc., Safeplay by Design, Inc,. The City of Pismo Beach and Cannon Corporation (the Cross‐Complaint). Miracle now moves for summary adjudication as to the third cause of action for express ...

Excerpt: ...de a policy of workers compensation insurance to the Defendant, bearing Policy No. 9273402‐20 (covering the period of March 24, 2020 through February 26, 2021) and Defendant agreed to pay premiums in accordance with the terms and conditions of said policy, which provided for payment of premiums.” (Compl., ¶ 11.) Plaintiff alleges that Defendant breached a portion the agreement requiring Defendant to “submit to and allow Plaintiff's Assigno...

Excerpt: ... appeared for his noticed deposition, and Jay Raftery (Raftery), counsel for plaintiffs Judkins, Marsh Higuera Mixed Use, LLC, and the Donald R. Judkins and Maxine Judkins Recovable Trust dated January 3, 1985 (collectively Plaintiffs), appeared at both the Judkins and Adams depositions. Belsher failed to notify Raftery that the depositions were cancelled and failed to appear at either deposition. (See Declaration of Jay L. Raftery (Raftery Dec.)...

Excerpt: ...at California Polytechnic University, San Luis Obispo (Cal Poly), the Vista Grande Project (the Project). DLR entered into a contract with the University to provide architect/engineer design professional services to the Project (the A/E Agreement). DLR now demurs to the entire complaint alleged against it by the Corporation, as well as each of the two causes of action contained therein on the grounds that they fail to state facts sufficient to co...

Excerpt: ...intiff alleges that various defects and nonconformities have manifested since she signed this contract, and that Defendant has been unable to conform the Vehicle to the applicable express warranty after a reasonable number of repair attempts. (Comp., ¶¶ 15, 17, 18.) Plaintiff's complaint sets forth two causes of action for violations of the Song‐Beverly Act: (1) breach of express warranty and (2) breach of implied warranty. Defendant moves to...

Excerpt: ...on, unpaid wages, and unreimbursed business expenses. Plaintiff now moves for leave to file a proposed First Amended Complaint (FAC). Plaintiff seeks to add causes of action for violations of Labor Code sections 1194, 510, 221, 2802, 201‐203, 226, 558.1 and 1102.5, wrongful termination in violation of public policy, and defamation in violation of Civil Code sections 44‐46. (See Ex. A. to Supplemental Declaration of Rebecca Peterson‐Fisher (...

Excerpt: ...Petitioner now brings its petition seeking to compel the District to arbitrate a dispute regarding a disciplinary action taken by the District against a Union member, Andrew Kranes (Kranes), pursuant to a collective bargaining agreement (CBA) between the Union and the District. (Petition, Ex. A.) Kranes filed a Level One and Level Two grievance under the CBA in regard to the disciplinary action, namely a Letter of Reprimand dated September 22, 20...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

Excerpt: ...rial or supervisory position at FDI's Morro Bay location, and that on July 7, 2020, Carroll ordered Plaintiff, who was patronizing the FDI's premises, to leave the store. (FAC, ¶¶ 7, 9,10.) The FAC further alleges that Carroll then followed Plaintiff out to the parking lot and attacked him. (FAC, ¶ 10.) The FAC seeks to hold FDI liable for Carroll's actions based on the rule of respondeat superior. (FAC, ¶ 8.) The rule of respondeat superior ...

Excerpt: ...uly 14, 2022, the Court ordered the Defendant to produce her telephone records as requested in Plaintiff's Request for Production. This order came after Plaintiff filed an unopposed motion to compel further responses to Request for Production (Set Three). The responses were due on or before August 4, 2022, but Defendant did not provide the responses as ordered. (Declaration of Tanya Ortega (“Ortega Dec.”) ¶ 3.) On August 11, 2022, Defendant ...

Excerpt: ...ia. No response was filed, and default was entered against Defendant on June 14, 2022. Defendant now brings a motion to set aside the default pursuant to Code of Civil Procedure section 473, subdivisions (b) and (c), and section 473.5. The motion was filed within six months after the entry of default. Defendant's motion and supporting documents were properly served by mail on August 29, 2022. No opposition was filed. Defendant declares that altho...

Excerpt: ...erson, Deceased v. John Crane, Inc. (Circuit Court of Cook County, Illinois, Case No. 2019‐012850) (the Illinois Action). In the Illinois Action, the plaintiff alleges that the decedent, Bruce Torgerson (“Decedent”), was exposed to asbestos from the acts and omissions of various companies, including John Crane, Inc., the petitioner in the instant action (“Crane”). (Petition p. 2.) Crane contends that Decedent's exposure to asbestos and ...

Excerpt: ...nt on June 28, 2021 (TAC). In May 2022, the Court sustained Scott's demurrer, without leave to amend, as to all the causes of action in which he was named as a defendant in the TAC. Scott filed a Memorandum of Costs on June 8, 2022, in which he seeks total costs of $33,678.92. Plaintiffs move to strike or tax those costs. No opposition has been filed despite proof that the motion was served electronically on Scott's counsel. 2 The Court rules as ...

Excerpt: ...executed a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befo...

Excerpt: ...ace at McLintock's. Plaintiff alleges Breig, who was employed by McLintock's, was one of his assailants. Plaintiff brings causes of action for 1) negligence; 2) premises liability; 3) negligent hiring; and 4) intentional tort.1 Defendant Breig moves for summary judgment on all claims against him. The Court grants Breig's request for judicial notice of the complaint and answer filed in this matter. Breig's evidentiary objections to the declaration...

Excerpt: ...sing the action under the conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6 (the Order). The Order provides that: The court hereby approves the settlement of the parties and orders that judgment be entered upon the application of plaintiff pursuant to stipulation in the event the defendant shall default on any of the terms of the settlement as set forth in the stipulation. Plaintiff's a...

Excerpt: ... (Business and Professions Code section 17200, et. seq.). Plaintiff moved for summary adjudication. The Court granted summary adjudication of the first two causes of action for civil penalties under Labor Code section 226, subdivision (f) [payroll records], and Labor Code section 1198.5, subdivision (k) [personnel records], as well as Plaintiff's claim for attorney fees and costs under Labor Code section 1198.5 pursuant to motion. The Court denie...

Excerpt: ...on for declaratory relief and quiet title. On May 2, 2019, Eureka filed a cross‐complaint against Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for declaratory relief and quiet title. 1. The Parties The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee,1 for use of the ...

Excerpt: ...d against Defendants on December 27, 2021. On January 12, 2022, a default judgment was entered against Defendants. An amended judgment was filed on February 1, 2022 and notice of entry of judgment was filed and served on Defendants on February 2, 2022. On March 21, 2022, Defendants filed a motion to set aside the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b), on the grounds of excusable neglect. Pl...

Excerpt: ...2022, Daniel's wife, Kristin Ciecek, filed a CHRO request against Ingham (San Luis Obispo Superior Court Case No. 22CV‐0072). ‐ On February 22, 2022, Ingham filed a CHRO request against Daniel (San Luis Obispo Superior Court Case No. 22CV‐0085). On April 25, 2022, after two days of hearings, the Court denied Ingham's request for a restraining order and granted Kristin's request for a restraining order. The Court issued a three‐ year restr...

Excerpt: ... Trust UDT dated 2/27/01, and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiff's Motion for Temporary R...

Excerpt: ... appear at a case management conference. As a result, the Court set an OSC re Dismissal for hearing on September 14, 2021. On May 24, 2021, Plaintiff filed an ex parte Application for Writ of Possession and a request for a TRO. At a hearing conducted on July 6, 2021, the Court found that Plaintiff had established the probable validity of his claim to possession of the Jeep, and probable cause to believe it was located at Defendant's property in A...

Excerpt: ... to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his s...

Excerpt: ...lileo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed...

Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...

Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...

Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...

Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...

Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...

Excerpt: ...eo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed hi...

Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...

Excerpt: ...��) is attached to the Petition. “[I]n the absence of the administrative record, the sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.” (Caveness v. State Personnel Bd. (1980) 113 Cal.App.3d 617, 630.) I. BACKGROUND On March 31, 2021, the District sent a Notice of Intended Disciplinary Action – Termination to Crawford, which included an investigati...

Excerpt: ...xecuted a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befor...

Excerpt: ... the Court is Plaintiff's motion to compel Williams to appear at second deposition and request for monetary sanctions in the amount of $4,500.00. Legal Authority “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code...

Excerpt: ...duce documents and for monetary sanctions in the amount of $4,500 against Guimaraes and/or his counsel. Discussion At the outset, it is unclear to the Court to which set of discovery Plaintiff seeks further responses and responsive documents. Plaintiff first outlines requests for production that were served on the Guimaraes Defendants (one to Guimaraes, and one to Central Coast Behavioral Health) on February 8, 2021. To the extent Plaintiff seeks...

Excerpt: ...itioner's motion for issuance of peremptory writ of mandate. Petitioner's four causes of action under the Fair Employment and Housing Act (FEHA) remain at issue. Petitioner sought an order addressing the remedy to be awarded on the writ. On June 16, 2022, the Court heard oral argument from the parties regarding their respective positions. At this hearing, Respondents argued that the Court should not enforce the writ and award until a final judgme...

Excerpt: ...int alleges Plaintiff was a civil service employee for the District from March 26, 2012, through April 1, 2021. (Complaint, ¶ ¶ 1‐2.) Koon was Plaintiff's direct supervisor. (Id. at ¶ 3.) Koon was offered a full‐time position, which Plaintiff believed was improper and could lead to a lawsuit against the District. (Id. at ¶ 11.) After Koon was hired full‐time, “increasing levels of stress and duress were placed on the plaintiff by the ...

Excerpt: ...an investigation by the Cal Poly Office of Equal Opportunity (OEO), Hearing Officer Lisa Jaye found Petitioner committed sexual misconduct as that term is defined in CSU Executive Order 1097 (revised March 29, 2019) (the Policy). With this action, Petitioner requests the Court set aside the findings made and sanctions imposed by Cal Poly and order no further administrative action be taken against Petitioner. FACTUAL BACKGROUND A. The December 8, ...

Excerpt: ...5 Higuera LLC, a dissolved California limited liability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. On July 28, 2021, Plaintiffs served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (the Discovery), on defendant Belsher. (Raftery Dec., ¶ 2.) After failing to receive timely responses, and after meeting and conferring with Belsher, Plaintiffs...

Excerpt: ... January 22, 2021. The FAC alleges Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc., and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). It also alleges that Gi...

Excerpt: ...a).1 On June 23, 2020, B&D Farms, Inc. (B&D) and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Mark is named in the first cause of action for fraud and conspiracy to defraud, and the fifth cause of action for unjust enrichment. The Court consolidated the two actions for pretrial purposes. On December 9, 2021, Mark filed a second amended cross‐complaint (SAXC) against Ginger, Wapita...

Excerpt: ...January 10, 2020, Defendant crashed his truck into a cement retaining wall located at 1965 La Jolla Court (the Property). Plaintiff and her husband heard the crash, came out of their house, and saw Defendant's vehicle when they rounded the corner of Oak Park Boulevard and Capistrano Court. Plaintiff entered the backyard of the Property where Defendant's vehicle had come to a rest. The accident had “created a large debris field of wood, protrudi...

Excerpt: ...ividual defendants are members of the EHHOA board. On May 17, 2021, EHHOA filed a cross‐complaint against Plaintiffs. Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo (the “Development”). The parties' dispute concerns the construction of a fence on Plaintiffs' property (which Defendants argue varies from the original approval), and Defendants' enforcem...

Excerpt: ...n Defendant. The RFPs included only one request: ALL DOCUMENTS in your custody or control from YOUR cell phone service provider, evidencing YOUR cell phone use, including but not limited to billing records identifying: all inbound and outbound telephone numbers; all inbound and outbound SMS and text messages; all elapsed times and usage duration for calls and texts; and all data usage from January 10, 2020, during the hours of 4:00 p.m. through 9...

Excerpt: ...ing to receive any responses, counsel for Wells Fargo followed up with a meet and confer letter on December 14, 2021, providing a one‐week extension. (Kerfan Dec., ¶¶ 1‐5; Exs. 1 & 2.) Wells Fargo now moves to have the 2021 RFAs deemed admitted under Code of Civil Procedure section 2033.280 (Section 2033.280). The Court notes that the RFAs at issue are the same Requests for Admissions propounded as “set one” on December 11, 2020 (the 20...

Excerpt: ...iffs allege that Baylee Pyzer was driving a vehicle owned by Rick Pyzer, when she collided with Deanna Corzo (Corzo), who was driving a car in which Plaintiffs were passengers. On December 7, 2020, Baylee Pyzer and Rick Pyzer filed a cross‐complaint against Corzo for implied indemnity, contribution and declaratory relief. Defendant Corzo made offers to each plaintiff pursuant to Code of Civil Procedure section 998, which Plaintiffs accepted. Pl...

Excerpt: ...ion is a qui tam claim asserted by Relator on behalf of the People of the State of California pursuant to the California Insurance Frauds Prevention Act, for violation of Insurance Code section 1871.7 and Penal Code section 550. Aetna dismissed the second through fifth causes of action on April 2, 2019. Pain Management Specialist Medical Group (Pain Management), Cypress Ambulatory Surgery Center (Cypress), Galileo Surgery Center (Galileo), Camari...

Excerpt: ...s from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep records “of all visits to Defendants' offices and/or all communications...

Excerpt: ...neys General Act (PAGA). Now before the Court is Plaintiff's motion for approval of the PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing Phoenix Settlement Administrators as the settlement administrator; (3) approving the proposed Explanatory Letter to be distributed to the aggrieved employees; (4) directing the funding and distribution of the Gross Settlement Amount under th...

Excerpt: ...er, Inc., and John Pepper, individually. The TAC alleges causes of action for: (1) violation of Corporations Code section 1601; (2) violation of Labor Code section 204; (3) involuntary judicial dissolution; (4) employment discrimination (Gov. Code, § 12900); (5) wrongful termination in violation of public policy; (6) retaliatory discharge in violation of Government Code section 12940, subdivision (h); (7) conversion; and (8) breach of fiduciary ...

Excerpt: ...e allegations regarding punitive damages (¶¶ 82, 89, 109) and the corresponding prayer for relief in the TAC. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164 [a complaint is subject to a motion to strike if it fails to allege facts supporting a punitive damages claim].) Punitive damages are governed by Civil Code section 3294, which requires allegations of “oppression, fraud, or malice ....” Under subdivision (b) of Civil Code...

Excerpt: ...anagers, general partners, or chief executive officers of, or otherwise manage and control” the Marshall Company Defendants. (FAC, ¶ 5.) She alleges that she has an equitable and/or legal interest in the Marshall Company Defendants “either held individually, in the Trust, community property and/or now as tenant in common due to the impact of her dissolution with Braff.” (FAC, ¶ 7.) Defendants “willfully, knowingly, and blatantly diverte...

Excerpt: ... class action lawsuit filed by Plaintiffs Tam Farias and Nicholas Calvi, against Defendant Compass Health, Inc. The Farias first amended complaint (FAC) alleges multiple causes of action under the Labor Code, Business and Professions Code, and Private Attorneys General Act (PAGA). The Calvi complaint alleges one cause of action under Business and Professions Code. Now before the Court are the following motions: (1) Plaintiff Farias' motion to com...

Excerpt: ...014, Plaintiffs entered into a lease agreement for a residential property located at 212 Seaview Avenue, Pismo Beach (the “Premises”). Shortly after moving into the Premises, Plaintiffs began suffering adverse health effects. In 2019 the Plaintiffs became aware of significant amounts of moisture, mold, fungus, and bacteria, which they allege caused physical injury and damages. Plaintiffs have filed two motions for leave to file a first amende...

Excerpt: ... Ronald Berry (“Ron”), was dismissed from the action on August 1, 2018.1 The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. On May 27, 2021, the Court ruled on Scott's motion for summary judgment, treating it as a motion for judgment on the pleadings. The Court granted the motion with leave to amend “to allege facts supporting inclusion of Scott in the first, second, fourth, and sixth causes...

Excerpt: ... following issues: that Garden Street is liable to Lindvall for breach of a promissory note under the first cause of action; that Marshall is liable to Lindvall for breach of a written guaranty under the second cause of action; and that Defendants' affirmative defenses are insufficient to excuse Defendants' breach of the note and guaranty. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding i...

Excerpt: ...to produce the requested documents. On June 21, 2021, having received no documents from ABCI, counsel for BCP served a Request For Supplemental Responses To Requests For Production of Documents and Tangible Things on ABCI. (Declaration of Sherrie Flynn (“Flynn Dec.”), ¶¶ 5‐7; Exs. A‐C.) After no documents were produced, and after the parties exchanged meet and confer correspondence, BCP filed a motion to compel ABCI to produce further r...

Excerpt: ....; Rajan Patel, M.D.; and Radiology Associates. Plaintiffs allege causes of action for medical negligence and loss of consortium. Now before the Court is Scott Bisheff, M.D.'s motion for summary judgment. Plaintiffs have filed a notice of non‐opposition. Legal Authority As the moving party, the defendant has the initial burden to make a prima facie showing that there are no triable issues of material fact and that he is entitled to a judgment a...

Excerpt: ...to compel arbitration. The arbitration agreement is found in The Consumer Credit Card Customer Agreement and Disclosure entered into by the parties (“Contract”). (Declaration of Claudia Gavrilescu (“Gavrilescu Dec.”), ¶ 2; Ex. A.) Wells Fargo does not oppose the motion to compel arbitration but asserts that, pursuant to the terms of the arbitration agreement, Cornelius is the only party that can initiate the arbitration proceedings. Corn...

Excerpt: ...f and the People of the State of California for (1) violation of the California Insurance Frauds Prevention Act, Insurance Code section 1871.7; (2) fraud and intentional deceit; (3) negligent misrepresentation; (4) violation of the California Unfair Competition Law; and (5) breach of contract. The complaint was filed in camera under seal pursuant to Insurance Code section 1871.7, subdivision (e)(2), and was ordered unsealed on November 13, 2018. ...

Excerpt: ...7 special interrogatories. Plaintiff's declaration of necessity states this number of interrogatories is warranted because of: (1) The complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; and, (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, in...

Excerpt: ...ice; and 8) exemplary and punitive damages. Defendant demurs to the complaint. I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30, subd. (a).) “The facts alleged in the pleading are deemed to be true, however improbable they may be.” (Berg & Berg Enterprises, LLC v. B...

Excerpt: ... Ex. A.) Lein is a beneficiary of the Trust. The remaining settlor, John Lein, died in 2015. The Trust was terminated in 2020. In 2007, Cyr sent a letter on Lein's behalf to the co‐trustees, addressing numerous concerns. (Comp., Ex. B.) In 2008, Cyr prepared a petition on Lein's behalf, seeking removal of the co‐ trustees and other relief. (Comp., Ex. C.) The petition was not filed with the Court. In 2015, Cyr filed a brief on behalf of Lein'...

Excerpt: ...fendants' treatment of her late son, Keith Bernard Murphy, II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep appropriate medical records. Now before the Court is the Guimaraes Defendants' motion...

Excerpt: ...easons set forth below, the Court denies the motion. A. Motion for New Trial A motion for new trial seeks a reexamination of one or more issues of fact or law after a trial and decision by a judge or jury. (Code Civ. Proc., §§ 656‐657.) A motion for new trial is statutory and must be based on one or more of the grounds set forth in Code of Civil Procedure section 657. (Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162, 166.) Petitioner arg...

Excerpt: ...g the demurrer to the cause of action for fraudulent concealment with leave to amend, the Court concluded that the allegations in the initial complaint did not meet the heightened standard of a fraud claim, particularly one against a corporate employer. In pleading a fraud claim against a corporate employer, the plaintiff must allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they...

Excerpt: ...es incurred by Plaintiff after entry of this judgment in collecting the amounts awarded herein.” (Id. at ¶ 6.) Plaintiff obtained a sister state judgment in California, on September 11, 2019. (RFJN, Ex. 3.) This Court previously granted Plaintiff's motion for an assignment order assigning it Defendant's commissions earned from his work as an independent contractor at Freedom Equity Group. Plaintiff then moved to recover its attorney's fees and...

Excerpt: ...rty for a 60‐ month temporary construction easement (the Construction Easement) for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure section 1245.235, the County Board of Supervisors, by a vote of not less than two‐thirds (2/3) of all its members, adopted a Resoluti...

Excerpt: ...ts moved to compel responses to the interrogatories and the demands for inspection, to deem the requests for admission to be admitted, for monetary sanctions in connection with each motion ($1,060 for the motion to deem requests admitted, and $910 each for the other two motions, for a total of $2,880), and for terminating sanctions. On March 14, 2022, Plaintiff's counsel filed a declaration explaining that discovery responses were electronically ...

Excerpt: ... subdivision (c)(1), “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” This provision “authorizes the court to make an award of reasonable attorney fees to a prevailing defendant, which will adequately compensate the defendant for the expense of responding to a baseless lawsuit.” (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1423 [citation omitted].) A prevailing ...

Excerpt: ...d as a defendant in the first and second causes of action. Cannon demurs to (1) the first cause of action for negligence on the ground that it fails to state facts sufficient to constitute a negligence claim; (2) the second cause of action for strict product liability on the ground that a strict liability claim may not be stated against a professional; and (3) the entirety of the SAC on the ground it is uncertain. (Code Civ. Proc., § 430.10, sub...

Excerpt: ...iff signed via DocuSign that same day. Plaintiff does not dispute that she signed the agreement. She has submitted a non‐opposition and agrees to arbitrate the dispute. In addition to the motion to compel arbitration, Defendant has filed a motion for sanctions for violation of Code of Civil Procedure sections 128.5 and 128.7.1 Under section 128.5(a), “[a] trial court may order a party, the party's attorney, or both to pay the reasonable expen...

Excerpt: ...ed subrogation action, Case No. 20CVP‐0076, California Joint Powers Insurance Authority v. Estate of James Eickholdt. The California Joint Powers Insurance Authority (the “Insurance Authority”) alleges that it has paid and continues to pay workers compensation to and on behalf of Officer Torres. Officer Torres alleges that Eickholdt owned a Rottweiler mix dog named Thor and a German shepherd mix dog named Loki (the “Aggressor Dogs”), wh...

Excerpt: ...on to EHHOA (Set Two) (the “RFPs”). The motion, as to the Interrogatories, is brought pursuant to Code of Civil Procedure § 2030.090, on the grounds that the number and nature of the interrogatories present EHHOA with unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. EHHOA seeks a protective order that orders one or more of the grounds enumerated in Code of Civil Procedure § 2030.090, subdivision (b)(1) – (...

Excerpt: ...om a fatal car accident that occurred on November 10, 2018, in an unincorporated area of San Luis Obispo County. Defendant Ricker was driving one of the vehicles involved in the accident. Now before the Court are six motions to compel filed by Ricker, all of which were properly served and are unopposed: (1) Motion to compel Ronald Parke's responses to special interrogatories (set one) without objection and for sanctions in the amount of $1,260; (...

Excerpt: ...n's wife, individually and as successor‐ in‐interest of the Estate of Hailey Hartman, and as Guardian ad Litem to Brandon Ronson Hartman (“Plaintiffs”) filed a first amended complaint for wrongful death and survivor action, against French Hospital and Dr. Porterfield (the “FAC”). On December 8, 2021, Plaintiffs dismissed French Hospital from the action. Dr. Porterfield now moves for summary judgment, pursuant to Code of Civil Procedur...

Excerpt: ...nd Steven Fear (the “Fears”) damages of $7,000,000. Currently before the Court are the Fears' and Long's (“Plaintiffs”) motions for attorneys' fees. Plaintiffs seek fees pursuant to Code of Civil Procedure section 2033.4201 , on the ground that they propounded requests for admission (“RFAs”) which Defendants denied, requiring that certain contentions be proven at trial. In particular, Plaintiffs state they served RFAs regarding: (a) t...

Excerpt: ... Luis Bay Estates Homeowners Association (the HOA). San Luis Bay Estates (SLBE) is a common‐interest development, subject to the Davis‐Stirling Act and governed by the HOA. (Defendant's Undisputed Material Facts [DMF] 1.) SLBE was developed, in part, by Rossi. (Rossi Dec., ¶¶ 2 – 5.) The lawsuit asserts causes of action for: (1) quiet title to deeded easement; (2) quiet title to prescriptive easement; (3) quiet title to equitable easement...

Excerpt: ...anted preliminary approval of the settlement and set a Final Approval Hearing for January 13, 2022. Plaintiff now moves for final approval of the settlement and concurrently moves for approval of his attorney fees, costs, and service award. (Cal. Rules of Court, rule 3.769.) The motions are unopposed. Motion for Final Approval of the Class Action Settlement In support of the motion for final approval, Plaintiff submits his own declaration, as wel...

Excerpt: ...CR). Plaintiff is currently an inmate at the California Men's Colony (CMC) in San Luis Obispo County. Plaintiff's lawsuit stems from the CMC Investigative Unit's contraband search of Plaintiff's dormitory. Plaintiff claims that after the search, his personal items were scattered, and various items were missing from his locker. Plaintiff proceeded with an administrative appeal to seek $65 in compensation for his missing property. After the appeals...