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: ... 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...