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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ... 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...

Excerpt: ...whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. The complaint outlines an escalating feud between the parties regarding the noise issues, which resulted in defendant Carlos Martinez Beltran III obtaining a restraining order against Plaintiff in October 2019 (Case No. 19CVP‐0325).3 Plaintiff concedes she was charged with contempt of court for violations of that restraining order. She states she pleaded no c...

Excerpt: ...an injury during a visit to Dr. Hixson on July 24, 2019, when Dr. Hixson made an adjustment to Plaintiff's neck area. Plaintiff alleges she only consented to Dr. Hixson's treatment of her lower back and hip area. Plaintiff alleges she never consented to Dr. Hixson's treatment of her neck, which she injured in 2009, and underwent surgery on at some point thereafter before beginning treatment with Dr. Hixson. Plaintiff alleges she has suffered pain...

Excerpt: ...uding a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' Second Amended Complaint (SAC) alleges causes of action against Defendants for breach of fiduciary duty, u...

Excerpt: ...Plaintiff alleges that Defendant operates a chain of KFC restaurants in California, and that Defendant unlawfully denied Plaintiff and other aggrieved employees meal and rest periods, failed to provide accurately itemized wage statements, and failed to timely pay compensation. Now before the Court is Defendant's motion to stay. Analysis. Defendant requests the Court stay this action until the United States Supreme Court issues its decision in Vik...

Excerpt: ...of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages and $212,756.74...

Excerpt: ...work on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County (the “Haley Action”). By agreement of the parties, both actions were transferred ...

Excerpt: ... successors‐in‐ interest to Glenna Lemons (“Glenna”),1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard filed a demurrer to the...

Excerpt: ...omplaint (FAC) alleges one cause of action for breach of contract against TFHI, and one cause of action for breach of contract against Mondo. Plaintiffs allege that, beginning in early 2019, TFHI began looking for a $600,000 cash infusion, and “settled on receiving loans from private lenders identified by its agents; loans which would be secured by adequate collateral.” (FAC, ¶ 8.) Plaintiffs allege that, at the time, TFHI lacked adequate co...

Excerpt: ...no Real in Atascadero (the “Site”). Currently on calendar is the City's demurrer and motion to strike. For the reasons set forth below, the Court overrules the demurrer to the first four causes of action and sustains the demurrer without leave to amend to the fifth cause of action. The hearing on the motion to strike will be continued to May 10, 2022. The FAP sets forth the following allegations. The First Proposed Project: The Project as ori...

Excerpt: ...d and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. On September 13, 2021, this Court (Hon. Linda D. Hurst, presiding) issued a ruling on Defendants' motion to compel the depositions of Plaintiffs' exp...

Excerpt: ...yet been issued. The complaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 The hearings on these matters were originally scheduled on December 14, 2022, b...

Excerpt: ... is joined in that objection by his wife, Sharon Kimball (Kimball).2 The objections report that Respondent executed new estate planning documents in 2017, nominating Kimball as his attorney‐in‐ fact for management of property and personal affairs, agent for healthcare decisions, and proposed conservator if needed. Respondent submitted copies of the relevant documents with the Court when he filed his objection on July 15, 2021. Based on allega...

Excerpt: ...ation reporting they had reached a settlement agreement and asking the Court to retain jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”).1 The stipulation also requested that the Court set a date after December 1, 2021, for dismissal. The Court set December 8, 2021, as the dismissal date. On November 29, 2021, the Court served counsel for the parties a Notice of Hearing and Zoom Information setting an Order to Show Ca...

Excerpt: ...tions, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that wi...

Excerpt: ... affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is Discover's motion for summary judgment or, in the alternative, summary adjudication. The motion addresses the first two causes of action for open book account and account stated. The motion and supporting papers were served on Montero; no opposition has been filed. As an initial matter, the Court grants Discover Bank's request for judici...

Excerpt: ... causes of action, including various Labor Code violations on behalf of Plaintiff and similarly situated current and former employees. On her own behalf, Plaintiff alleged causes of action for wrongful termination, intentional infliction of emotional distress, and retaliation, among other things. The complaint also included a cause of action under the Private Attorneys General Act (PAGA). On November 17, 2020, the Court stayed the class and PAGA ...

Excerpt: ...or (1) breach of contract and (2) breach of implied covenant of good faith and fair dealing. Plaintiff alleges the late Mr. Humphreys breached a partnership agreement relating to an American Quarter Horse stallion named “That CD Rocks” (the Stallion). Plaintiff alleges Ms. Owens is now in possession of the Stallion. Plaintiff now moves to compel the depositions of Miles Humphreys and Ms. Owens. As to Defendant Miles Humphreys, defense counsel...

Excerpt: ...reed to dismissal of the matter without prejudice. The Stipulation also requested that the Court reserve jurisdiction to set aside the dismissal and order judgment pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”) upon a showing of Defendant's default. The Court signed an order to that effect on March 23, 2021, and the matter was dismissed that same day. Under the Stipulation, Defendant was to pay the sum of $46,215.26 as fo...

Excerpt: ...ion; (5) harassment based on disabilities and perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, d...

Excerpt: ...�in‐ interest to Glenna Lemons (“Glenna”)1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard now demurs to the FAC, and to each ca...

Excerpt: ...aside the default pursuant to Code of Civil Procedure section 473 (“Section 473(b)”). Section 473(b) provides for two types of relief – discretionary and mandatory. Cowden seeks relief under the mandatory provision. (Mtn., p. 3, ll. 1‐3.) Under that provision, when an attorney files an affidavit of fault “attesting to his or her mistake, inadvertence, surprise, or neglect,” the court must vacate an entry of default and/or a resulting ...

Excerpt: ... and Debora Chase Revocable Living Trust dated February 2, 2006's motion to compel Ryan Petetit a.k.a. Ryan Wright (Wright)'s further response to form interrogatory no. 15.1, and request for monetary sanctions in the amount of $3,000 against Wright and his attorneys. On January 20, 2020, Plaintiffs propounded form interrogatories, set one, on Wright. On or around March 10, 2020, Wright served responses to the interrogatories, including to interro...

Excerpt: ...unitive damages. This case has not been set for trial. Neither party has posted jury fees. Plaintiffs allege that, in May 2013, they hired Defendant Handy Home to perform repairs to and around their home. Plaintiffs further allege that Handy Home's employee, Owens, secretly filmed and photographed Tanya1 with the intent of transferring, storing, and keeping the images “for his own inappropriate personal use.” Plaintiffs allege that in Novembe...

Excerpt: ...mplaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 For the reasons set forth below, the demurrer is sustained with leave to amend; and the motion to stri...

Excerpt: ...ies. Pursuant to the settlement agreement, the Court is to retain jurisdiction under Code of Civil Procedure section 664.61 . The settlement agreement provides that the parties agree that $3,529.82 plus court costs is the accurate amount Defendant owes Plaintiff; and that Defendant agrees to pay Plaintiff a minimum of $50.00 on or before the 19th day of each month beginning June 2017, followed by a minimum of $100.00 on or before the 19 th day of...

Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...

Excerpt: ...ed, (3) breach of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages ...

Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...

Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...

Excerpt: ...is Defendant's motion to transfer venue to the Napa County Superior Court. Defendant moves pursuant to Code of Civil Procedure section 397(a), i.e., that the court designated in the complaint is not the proper court. 1 Plaintiff opposes the motion. For the first time in his initial reply, submitted on July 29, 2021, Defendant argued that the matter should be transferred under section 397(c), i.e., convenience of witnesses and ends of justice. At ...

Excerpt: ...quests for admissions, set one (the RFAs), based on Defendant's failure to respond to Plaintiff's RFAs. Now before the Court is Plaintiff's motion for judgment on the pleadings. The Court is not in receipt of an opposition; a proof of service is on file. A plaintiff may move for judgment on the pleadings where the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts ...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ...LC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Now before the Court is Plaintiff's motion to compel Wright's f...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ... causes of action for negligence and negligence per se and also seeks punitive damages. Currently on calendar is Laura's motion to strike Plaintiffs' claim for punitive damages (Cmp., ¶¶ 41‐52, p. 10, l. 12). Plaintiffs oppose the motion. For the reasons set forth below, the motion is granted. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) �...

Excerpt: ...f flooding to her property which she alleges was caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Now before the Court is Plaintiff's motion to compel the City to provide a further response to request for admissions, and request for monetary sanctions in the amount of $2,975. The City opposes the motion. There i...

Excerpt: ...ly owned property1 adjacent to a property owned by Defendants, and that from the beginning of Plaintiff's ownership, before May 21, 2012, his property used a sewer line that crosses on Defendants' property. (Compl., ¶¶ 6, 7, 10, 11.) Plaintiff alleges that in 2019, he discovered that despite the use of the sewer continuously before 2010, no formal grant of easement has been recorded in favor of the property. Plaintiff alleges that he has approa...

Excerpt: ... Robles. The three properties at issue are: (1) 14615 Chimney Rock Road (APN: 080‐055‐015); (2) 15750 Natoma Pass Road (APN: 080‐171‐001); and (3) 3975 Natoma Pass Road (APN: 080‐071‐002). The complaint alleges the deeds were recorded on June 5, 2018, and identify Daniel as the grantor purporting to grant title to Arriela;1 and that Defendants have listed the Chimney Rock property for sale. Plaintiff states he did not discover the for...

Excerpt: ...2017. Plaintiff then filed a first amended complaint on July 20, 2017. On March 1, 2021, this Court (Hon. Linda D. Hurst, presiding) granted Plaintiff's motion for leave to file a second amended complaint, now the operative pleading in the case. The Court also granted a trial continuance from April 6, 2021, to December 7, 2021. Now before the Court is Defendant's motion to continue the December 7, 2021, trial date. As outlined in its motion, Defe...

Excerpt: ...incorporated San Luis Obispo County. (Compl., passim.) The plaintiffs are German nationals who, at the time of the incident, were vacationing in California. Now before the Court is Defendant's Motion to Compel Deposition of Plaintiff Pierre Hempel (“Plaintiff”). The notice of motion, motion and supporting documents were served by email on counsel for the plaintiffs via email on July 26, 2021. No opposition is on file. On June 2, 2021, Defenda...

Excerpt: ...t it is the owner of 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 approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. (SAC, ¶¶ 1, 3.) Plaintiff alleges its uses of the Property includes or will include residenti...

Excerpt: ...g amounts. Wigwam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $2,658.16. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice (“RJN”) is granted; the Court shall take judicial notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure sections 685.040 and 685.080 on the grounds th...

Excerpt: ...ins 26 questions directed to the Plaintiff. So far as the Court can tell, the only relief requested is that Plaintiff respond to the questions. The Court is also in receipt of a proof of service showing the document was served on Plaintiff's counsel via mail on July 28, 2021. Interrogatories may be sent to “any other party” in the action. (Code Civ. Proc., § 2030.010(a).) Interrogatories are not to be filed with the Court “unless they are ...