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