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...