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: ...��) 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...