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: ...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: ... 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: ... 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: ... 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: ...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: ...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...