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