Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ... Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Plaintiff's first amended complaint asserts causes of action for (1) breach of contract, (2) conversion, (3) breach of implied contract, (4) unfair competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Now before the Court is Defendants' motion fo...

Excerpt: ... of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson -Moss Warranty Act. Plaintiff alleges that on August 1, 2020, she entered into a warranty contract with Volkswagen regarding a 2018 Volkswagen Atlas (the Vehicle). (Compl., ¶ 8.) Plaintiff alleges the Vehicle suffered from defects and non -conformities, ...

Excerpt: ...of the house, heavy rains caused flooding and mold. Plaintiffs filed this fraud action alleging Defendants misrepresented in the sale disclosures that they were unaware of any water intrusion and mold when in fact Defendants had extensive flooding and mold remediation done only two years earlier. The parties signed the Sale Agreement and initialed the arbitration clause. (Blackford Decl., Exh. 1, ¶ 22(B).) The arbitration clause applies to �...

Excerpt: ...ctice; and 8) exemplary and punitive damages. Defendant demurred to the complaint. The Court overruled the demurrer on the grounds that it failed to include any analysis or authority, and without making any comment on the substance of Defendant's contentions or defenses. I. Demurrer On August 7, 2023, Plaintiff filed a first amended complaint (FAC). Defendant now demurs to the FAC. Defendant filed a declaration concurrently with his demurrer, ...

Excerpt: ...aint (FAC) on May 29, 2020, and now moves for leave to file a Second Amended Complaint (SAC) to correct alleged factual errors in the FAC. Defendants oppose the motion. I. Legal Standard The Court may allow the amendment of any pleading at any time in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The Court's discretion is to be exercised liberally to permit amendment of pleading...

Excerpt: ...ch 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. On July 28, 2023, the Court granted preliminary approval of the parties' Settlement Agreement. The Court preliminarily certified the class of “all non -exempt employees who are or previously were employed by Defendants and performed work in California during the period from September 16, 2017 to October 17, 2022.” The clas...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ...on, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. The parties' dispute centers around their agreement that, in exchange for his use of Plaintiff's cannabis business licenses and equipment, Poswillo agreed to provide farming services for Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Now before the Co...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ...cation Code sections 44113 and 44114, and Labor Code section 1102.5. On August 10, 2023, the Court (Hon. Rita C. Federman, presiding) sustained Defendants' demurrer with leave to amend. Plaintiff filed a first amended complaint (FAC) on September 13, 2023. Now before the Court is Defendants' demurrer to the FAC. Factual Allegations. In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then- employer,...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ...s Court set an Order to Show Cause re: Dismissal for January 9, 2023. This hearing date was later continued on order of the Court to March 1, 2023. Neither party appeared on March 1, 2023. Therefore, on this date, the Court (Hon. Rita Federman, presiding) dismissed the case. Now before the Court is Plaintiff's motion for relief from dismissal. Plaintiff requests the Court set aside the March 1, 2023 dismissal and stay this case pending the outcom...

Excerpt: ...Quiky Associates), and Quiky Car Wash, LLC (Quiky LLC; collectively, Defendants). The dispute concerns the sale of substantially all of Quiky Associates' assets to Sun Day Carwash, Inc. (Sun Day). Sun Day is also named as a defendant. The complaint alleges the sale substantially damaged ownership interests in PFH and Defendants had no authority to approve the transaction under the parties' various agreements. Currently before the Court is Defenda...

Excerpt: ... Drive, Santa Maria, California (the Property) from Defendants Joanie James and the Trust; Cornerstone is alleged to be the real estate agent for the Property. Plaintiffs assert causes of action for negligence, breach of contract, and fraud, alleging Defendants promised to undertake certain repairs to the property, that those repairs were not made, and that Plaintiffs suffered damages as a result. Now before the Court is Defendants' motion to com...

Excerpt: ...ng), and judgment was entered in her favor on June 17, 2022. On August 25, 2022, this Court (Hon. Federman, presiding) denied Plaintiff's motion for a protective order and for sanctions. The Court granted the Guimaraes Defendants' request for sanctions in the amount of $6,540. Plaintiff's counsel was ordered to pay that amount to the Guimaraes Defendants on or before September 15, 2022. The Guimaraes Defendants' motion for summary judgment was gr...

Excerpt: ...
¯ alleges he received a judgment from a “private administrative proceeding” and seeks to enforce that judgment under the California Sister State Money Judgments Act, Code of Civil Procedure sections 1710.10 through 1710.65 (the Act). (Compl., at pp. 12, 14, 16.) Plainti
¯ alleges that, prior to Þling this lawsuit, he “initiated an action by counter claim in the Adjudicator Court, a Privat[e] Administrative Court of Record and Alternativ...

Excerpt: ...l proceeding (Case No 19F-05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, a
¯irmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (the A...

Excerpt: ...tion for attorney's fees. Defendant does not dispute that Plainti
¯ is the prevailing party and is entitled to fees but rather objects that the requested billing rate is unreasonable, the number of attorney hours is inßated and duplicative, and the result does not justify the amount of fees requested. Plainti
¯ seeks $26,350.00 reßecting 50.3 attorney hours attributed to two attorneys. The hourly attorney billing rates are $500 and $600. (Dec...

Excerpt: ...e owns at 849 PaciÞc Avenue in Cayucos, California (the Property). Defendants now demur to each of the four of the causes of action in the FAC pursuant to Code of Civil Procedure section 430.10, subdivisions (d) [misjoinder of parties], (e) [failure to state a cause of action] and (f) [uncertainty].) Counsel for Defendants declares that she sent a meet and confer letter to Plainti
¯ via email on August 23, 2023. (Declaration of Sue Carrasco, ¶...

Excerpt: ...misuse o discovery. Plainti
¯ reports that during meet and coner discussions Deendant indicated it would provide urther responses once a protective order was entered. (Declaration o Alexander G.L. Davies (“Davies Decl., ¶ 10.) On July 12, 2023, the Court entered a stipulated protective order (“Protective Order”). As o the date Plainti
¯ Þled the subject motions (August 24, 2023), Deendant had not provided urther responses. The m...

Excerpt: ...ses to the orm interrogatories and to deem the requests or admission as admitted. (Code Civ. Proc., §§ 2030.290, 2033.280.) The motions and notice o hearing were served by mail on Plainti
¯ at his address o record and no opposition was Þled. As to the requests or admission, i a party ails to timely respond the requesting party may move or an order that the genuineness o any documents and the truth o any matters speciÞed in the requ...

Excerpt: ... Theophil (Theophil Dec.), II 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced. 1 (ld. 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 116; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51,54, 56, 57, 74, 75, 82, 84, 85, and 86. Honda oppo...

Excerpt: ... to confirm the arbitration award. No opposition is on file; however the petition was not properly served. A copy of the petition and written notice of the time and place of the hearing thereof and any other papers upon which the petition is based must be served. (Code Civ. Proc., S 1290.4, subd. (a).) Service must be in the manner provided in the arbitration agreement for the service of such petition and notice. (Ibid.) Ifthe arbitration agreeme...

Excerpt: ...A2"); 3. Plaintiff's Form Interrogatories, Set Three (FROG3"); and 4. Plaintiff's Request for Production of Documents, Set 5 ("RFP5") 1. SROG3 and RFP5 On June 14, 2023, pursuant to the parties' informal discovery conference, the Court ordered Defendant to answer SROG3 and RFP4 ("6/14/23 Ruling"). Plaintiff relies on the 6/14/23 Ruling (Reply SROG3, p. 2, Ins. 12-13) without acknowledging that the current objections were asserted after June 14, 2...

Excerpt: ...amages due to the accident. The parties have a contractual arbitration agreement and are arbitrating the claim. Insurance Code section 11580.2, subdivision (f), expressly commits the resolution of discovery disputes in uninsured motorist arbitrations to the jurisdiction of the superior court. (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920.) Before the Court are three motions to compel initial discovery responses and for sanctio...

Excerpt: ... Theophil (Theophil Dec.), '1 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.l (ld," 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 6; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51, 54, 55, 57, 74, 75, 82, 84, 85, and 86. Honda oppos...

Excerpt: ...ion 134 (fraudulent writing). On July 12, 2019, the San Luis Obispo County District Attorney's office filed felony charges against Orcutt in connection with four cardsl sent to different local real estate agencies that rented properties in Orcutt and Vice's neighborhood (Cavalier Lane in the City of San Luis Obispo). The complaint alleges the cards warned the recipient real estate agencies not to rent neighborhood properties to racial minorities ...

Excerpt: ...PAGA), Labor Code section 2699 et seq. Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintiff seeks an order: 1. Granting preliminary approval of the Class Acton and PAGA Settlement Agreement (the Settlement Agreement, Declaration of David Winston (Winston Dec.), 19; Ex. 1); 2. Approving t...

Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...

Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...

Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...

Excerpt: ...opted Map). The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 On February 24, 2022, Petitioners propounded on the County of San Luis Obispo and the Board (collectively, the County) a first set of requests...

Excerpt: .... The petition alleges the Adopted Map violates the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the Fair Maps Act) (Elec. Code, § 21500, et seq.) and the free and fair elections clause of the California Constitution (art. III, § 3). (Pet., ¶¶ 99, 100.)1 Petitioners now seek leave to file a First Amended and Supplemental Petition for Writ of Mandate. Specifically, Petitioners seek to add (1) allegations ...