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