Excerpt: ...betting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. Currently before the Court are five motions to compel filed by Plaintiff Andrea Braff, as follows. (1) Motion to compel further responses to requests for production (RFPs) propounde...

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: ... on June 16, 2021. Now before the Court is Plaintiffs' demurrer to Defendants' answer. Discussion Plaintiff demurs to 21 of the 25 affirmative defenses asserted by Defendants. Plaintiff argues that several of the affirmative defenses lack factual support; that the answer improperly alleges denials in the form of affirmative defenses; that the affirmative defenses are duplicative and uncertain; and that Defendants' reservation of additional affirm...

Excerpt: ...t to Code of Civil Procedure section 436 and 436 to strike Plaintiff's punitive damages claims from the complaint. (Notice of Motion, 1:26‐2:21.) Plaintiff opposes the motion. Legal Standard Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...

Excerpt: ...defamation – false light; and (3) intentional infliction of emotional distress (“IIED”). The dispute arises out of statements which Hale made about Plaintiff to the San Luis Obispo Police Department (the “SLO‐PD”) in July 2019, and on Facebook. Currently, on calendar is Hale's demurrer and motion to strike pursuant to Code of Civil Procedure sections 430.10 and 435, respectively.1 For the reasons set forth below, the demurrer is overr...

Excerpt: ..., a common interest development, located in San Luis Obispo. The individual Defendants are members of the EHHOA board. On July 6, 2021, EHHOA filed a First Amended Cross‐Complaint against Plaintiffs. Daniel DeGroot (“DeGroot”) moves for an order compelling Joseph Seither and Bruce Neuschwander (collectively “Defendants”) to provide a supplemental production of documents to DeGroot's Request for Production of Documents, Set No. One, Nos....

Excerpt: ... 2021, Plaintiff dismissed BANA from the action without prejudice. Currently before the Court is BANA's motion for protective order, filed on July 20, 2021, by BANA in its capacity as a real party in interest. The motion concerns a subpoena served by Plaintiff requesting video surveillance footage of the April 10, 2021, incident that is at issue in this lawsuit. BANA contends the video footage includes scenes of three bank employees using bank co...

Excerpt: ... October 9, 2020, judgment was entered in favor of Plaintiff. Defendant appealed the judgment. On January 4, 2021, the Court conducted a trial de novo and issued a written ruling. Judgment was entered in favor of Plaintiff. Notice of entry of judgment was served by the Court on the parties on January 5, 2021. In its January 4, 2021, order, the Court ruled: “The law in California permits a tenant to sublease property unless the lease between the...

Excerpt: ...The FAC alleges RRM “designed and/or manufactured and/or inspected and/or installed the Subject Slide.” (FAC, ¶ 3.) RRM is named as a defendant in the first (negligence), second (strict products liability), and fifth (loss of consortium) causes of action. Currently on calendar is RRM's demurrer to all three causes of action on the ground that Plaintiffs failed to attach a certificate of merit as required by Code of Civil Procedure section 41...

Excerpt: ...d evidentiary hearing, as discussed below. The “Particular Use” Requirement Section 1245.010 provides that “any person authorized to acquire property for a particular use by eminent domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.” The County has th...

Excerpt: ...ties jointly requested that the Court retain jurisdiction under Code of Civil Procedure, section 664.6, along with a Notice of Conditional Settlement. (Ex. A.) On June 3, 2020, the Court entered an order dismissing the action under conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6. The Court ordered that judgment be entered upon the application of Plaintiff, pursuant to the stipulation,...

Excerpt: ...ught a motion to transfer venue, or in the alternative, compel arbitration. The Court denied the motion to transfer venue and granted the motion to compel arbitration as to all claims except for the PAGA cause of action. Following that order, Plaintiff dismissed all of her individual claims and filed a Second Amended Complaint, alleging a single cause of action under PAGA (the “SAC”). VSS now moves for summary adjudication of four claims with...

Excerpt: ...�Lot 28”), which shares a common boundary with real property owned by the Apodacas. The complaint alleges that Anderson acted as the Apodacas' agent to list and sell their property, and during her efforts to do so, made false statements regarding Plaintiff and Plaintiff's property. In particular, Anderson asserted that the Apodacas have reversionary rights to Lot 28 and that the lot is a “non‐buildable abandoned easement.” The complaint f...

Excerpt: ...ears”). On September 30, 2021, Long and the Fears submitted memoranda of costs. Currently on calendar is the City of Exeter, Clifton Bush, and Brett Inglehart's (collectively, the “City”) motions to tax costs. 1. The City's Motion to Tax the Fears' Requested Costs The Fears memorandum of costs sets forth costs of $49,179, which includes $22,081 in court reporter fees. (Code Civ. Proc., § 1033.5(a)(11).)1 The City takes issue with the amoun...

Excerpt: ...buted $1,300,000 to economic damages and $12,500,000 to noneconomic damages); and (2) Rachel, Sarah, and Steven Fear (the “Fears”) damages of $7,000,00, all of which was attributed to noneconomic damages. With respect to liability, the jury found (1) the City of Exeter to be 83.5% at fault (split between its employees Brett Inglehart at 42% and Clifton Bush at 41.5%); (2) Alex Geiger to be 16.5% at fault; and (3) Christopher and Monica Belavi...

Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges 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(a).) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [Citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 C...

Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...

Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...

Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems 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 Dece...

Excerpt: ...onald made about Plaintiff in May and June 2019 to the San Luis Obispo Police Department (the “SLO‐PD”), in connection with a pending criminal investigation and at a preliminary hearing in the resultant judicial proceeding (Case No 19F‐05075). Currently, on calendar is MacDonald's motion to strike pursuant to Code of Civil Procedure section 425.16,1 also known as the Anti‐SLAPP statute. For the reasons set forth below, the motion is gra...

Excerpt: ...ng the matter dismissed on May 13, 2020, absent a motion to vacate the order by counsel prior to that date. No motion to vacate was filed prior to that date. On June 16, 2021, Plaintiff filed a Motion to Set Aside Notice of Settlement and Restore Case to Active Docket. The motion was served on Defendant but no opposition was filed. Plaintiff seeks to set aside the Notice of Settlement and enter default against Defendant. Plaintiff contends that D...

Excerpt: ...tions of the Property for a 60‐ month temporary construction easement (the Construction Easement) of approximately 2,910 square feet, or 0.06737 of an acre, 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 Procedure1 section 1245.235, the County Board of Supervisors by a vo...

Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...

Excerpt: ... deceit (against both Defendants). On February 24, 2021, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property). Plaintiffs filed another “notice of pending action” on February 23, 2021, again relating to the ...

Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...