Excerpt: ...adero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is “a public entity.” Despite two c...

Excerpt: ...r part of a tree when the lift came into contact with an electrical wire. (FAC, ¶¶ 1, 10.) The contact caused electric current to pass through his body causing him injury. (FAC, ¶ 1.) The incident took place on November 23, 2019. (FAC, ¶ 10.) The FAC names PG&E as a defendant in the fourth (strict liability), fifth (loss of consortium), and sixth (negligence) causes of action. Before the Court is PG&E's demurrer to the fourth cause of action....

Excerpt: ...inst Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement, and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to v...

Excerpt: ... advantage, and (5) preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Martinez and PS filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions C...

Excerpt: ...reement entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expung...

Excerpt: ...ntiff alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff moved for an order compelling the deposition testimony of Thanom, or alternatively for an order compelling the production of Thanom's contact information, namely his home address, so that he can be subpoenaed, o...

Excerpt: ...at Templeton Surgery Center. On October 3, 2020, the two actions were consolidated. On December 1, 2020, Plaintiff dismissed Templeton Surgery Center with prejudice. Now before the Court is Dr. Bolivar's motion for summary judgment. The Court is not in receipt of an opposition; a proof of service is on file. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the ...

Excerpt: ...ntract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; and 4) fraud. Now before the Court is Defendants demurer to the FAC on the grounds that it fails to state a claim for relief. (Code Civ. Pro. § 430.10(e).) I. Background On or about May 25, 2019 Plaintiffs purchased the Property from Defendants for $2,525,000. (Complaint ¶ 12.) Plaintiffs obtained title to the Property in August 2019 (Id. ¶ 13). Plaintiffs...

Excerpt: ...e was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of Ca Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outli...

Excerpt: ...gan renting real property from the Switzers in October 2018. Wiley alleges that from that time until May 2021, Joel repeatedly made sexual comments to her. Wiley alleges that she informed Terri of Joel's harassment, and as a result, the Switzers initiated an eviction action against her in September 2021. The unlawful detainer complaint and summons are attached as Exhibit A to the complaint. In addition to the sexual harassment allegations, the co...

Excerpt: ... condemnation. Plaintiff alleges that it has incurred damages, including remediation costs in excess of $200,000. (SAC ¶ 13.) Plaintiff alleges that it is the owner of real property consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (“Highway”), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Plaintiff inte...

Excerpt: ...ent entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expunge th...

Excerpt: ... amended cross‐complaint (FACC) on November 1, 2017. The FACC alleged fraud and misrepresentation, as well as common counts for nonpayment on two loads of firewood. Trial took place in May 2021, and the Court issued a Final Statement of Decision on January 14, 2021. On January 31, 2021, the Court entered judgment in favor of SMR on both the complaint and the FACC. Judgment on the FACC was limited to the second cause of action (a common count fo...

Excerpt: ...re section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to vacate the dismissal and Motion for Entry of Judgment Under the Terms of the Stipulated Settlement. No opposition has been filed despite proof of service showing timely service at Defendant's address of rec...

Excerpt: ...h counsel – reached a settlement on or about October 9, 2018. Plaintiff's counsel sent a conditional settlement agreement to Defendant for execution on October 11, 2018, but Defendant never signed the agreement. Despite never signing the agreement, Defendant made payments per the agreement's terms through January 24, 2019. Plaintiff's counsel stated he contacted defense counsel several times in March of 2019, and then once in August of 2021. De...

Excerpt: ...sonry by Darin.” In the motion, Vandeventer states that his motion to dismiss should be granted because the parties are bound by an arbitration agreement. Plaintiff did not file an opposition. It is unclear which corporate entity, if any, is a proper party to this lawsuit. However, a corporate defendant may not represent itself and must appear through an agent who is a member of the bar. (Merco Construction Engineers, Inc. v. Municipal Court (1...

Excerpt: ... alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff seeks to depose Thanom, who is the only known percipient witness to the incident, in order to establish liability and causation. Plaintiff moves for an order compelling the deposition testimony of Thanom, or alternat...

Excerpt: ... was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of CA Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outlin...

Excerpt: ... default and default judgment entered against it, and on August 19, 2020, Defendant filed a responsive pleading. On November 2, 2021, a bench trial was held. This Court's ruling in favor of Plaintiff was filed on December 16, 2021, and the judgment against Defendant was entered on January 12, 2022 (the “Judgment”). The Judgment awards Plaintiff reasonable attorneys' fees and costs according to proof by a properly noticed motion, pursuant to C...

Excerpt: ...ver over real property located at 1760 Shepherd Drive, Paso Robles, California, 93446 (the Property) to abate a public nuisance from an accumulation of junk and debris that are consistent with hoarder conditions. Busch is the record owner of the Property, and Wells Fargo has a secured interest in the Property. On December 10, 2021, this Court granted the City's Petition, appointed GS Strategies, Inc. (Receiver), as receiver for the Property end e...

Excerpt: ... June 2, 2022. Prior to the filing of this action, Jason Dominguez (Dominguez) was appointed temporary conservator over Perez's person and estate by the Santa Barbara County Superior Court (Case No. 21PR00508). That appointment was extended on December 15, 2021, and Letters of Temporary Conservatorship issued on January 13, 2022.1 Dominguez, an attorney, is serving as a third‐party fiduciary. In addition to the conservatorship, Dominguez report...

Excerpt: ...o Andreoli that same day. On June 18, 2019, Fred and Laurie Siegenthaler (the Siegenthalers) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against the Siegenthalers alleging financial abuse and fraud, and alleging the Siegenthalers had coerced Decedent out of approximately $3.5 million prior to his death. On June 1, 2020, Andreoli recorded a ...

Excerpt: ...oss‐complained against Plaintiff, asserting two causes of action for trespass and recovery of penalties and costs pursuant to Streets and Highways Code section 720 et seq. Plaintiff alleges it owns real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for appro...

Excerpt: ... on the side of the road southwest of the community of Coalinga (the “Park Fire”).1 The Kester action alleges in essence that the Park Fire was caused by a 2014 International Asphalt hot patch truck with loader owned by the County and operated by its employee to compact and scrape loose asphalt on Parkfield Road. Plaintiffs generally allege that scraping the metal bucket of the loader on the road caused sparks that caught dry grass on the sid...

Excerpt: ...motional distress, (5) negligent infliction of emotional distress, (6) breach of the implied covenant of good faith and fair dealing, (7) failure to prevent violation of the FEHA, (8) failure to furnish itemized wage statements, (9) failure to keep and maintain accurate time records, (10) failure to compensate for missed meal periods, (11) failure to compensate for missed rest breaks, (12) failure to pay overtime, (13) waiting time penalties, (14...