Excerpt: ...rt is Defendants' motion to strike the punitive damages allegations in paragraphs 14, 29,43, 58 and prayer #3 of Plaintiff's Second Amended Complaint (SAC). Plaintiff opposes the motion. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or...

Excerpt: ...iff had filed a PAGA Representative Action (Case No. 21CV -0651) (the PAGA Action). Plaintiff and Defendants reached a settlement,1 which the Court preliminarily approved on November 30, 2023. At that time, the Court also approved the following class definitions: • The Agreement defines the “Class” and its members as “all current and former non - exempt employees who worked for Defendants Drake Farms as truck drivers and/or were issued...

Excerpt: ...g) granted Natwick's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on November 30, 2023. Currently on calendar is Natwick's motion for attorney's fees. Plaintiff has filed an opposition. Under section 425.16, subdivision (c), any defendant who brings a successful special motion to strike is entitled to attorney fees and costs. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [Ketchum].) The determinati...

Excerpt: ...f filed a First Amended Fraud Complaint (“FAC”). Before O'Niahll and Ferreira responded to the FAC, on October 5, 2023, the Court sustained the City and its employees' 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”). The 41 -page SAC alleges a myriad of facts, statements and thoughts that are no more intelligible t...

Excerpt: ...competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Plaintiff alleges there is a unity of interest and ownership between both Defendants, LTGB and Poswillo, such that any individuality and separateness between such Defendants has ceased, and that LTGB is the alter -ego of Defendants in that: (a) LTGB was and is a mere shell, instrumentality, and conduit through which Defendants carry on their business in said name e...

Excerpt: ...y of Defendant PG&E, (5) loss of consortium, and (6) negligence against PG&E. Plaintiffs allege that on November 23, 2019, Mr. Szydlowski suffered severe injuries while operating a Niftylift TD34T boom lift, known as a bucket lift or “cherry picker,” at Defendant Casa Rio Atascadero. Plaintiffs allege that bucket lifts of the type Mr. Szydlowski used typically have an alarm system designed to alert the operator when the lift is close to elect...

Excerpt: ...8490; defects requiring the updating and/or reprogramming of the power steering control module (“PSCM”), transmission control module (“TCM”), and/or electronic brake control module (“EBCM”); defects causing shuttering; defects causing the failure and/or replacement of the torque converter; defects causing a vibration at highway speeds; defects causing a vibration upon acceleration; defects causing a hesitation upon acceleration; defec...

Excerpt: ...f December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high- performance recreational vehicle. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza -Alvar...

Excerpt: ...ication for preferential trial setting under Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defen...

Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015 -CV -000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31 -page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court deni...

Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...

Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...

Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...

Excerpt: ... and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was n...

Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...

Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...

Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...

Excerpt: ...rt and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserted causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (ADA), respondeat superior liability u...

Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...

Excerpt: ...d asserted derivative claims on its behalf. Steve and Robert each hold a fifty percent interest in BBC and are the only two directors on the board. Robert now alleges that Steve is attempting to unilaterally transfer BBC's vehicles and equipment (the Fleet) to Steve's solely owned entity, Steve C. Boneso Construction, Inc. (SCBC), dba Boneso Plumbing & Mechanical (BPM). Robert seeks a preliminary injunction prohibiting Steve from transferring ti...

Excerpt: ...e, Plaintiff challenged the validity of ASH's Protocol 30, a policy requiring physician approval before certain patient medications could be crushed to prevent abuse. On August 3, 2021, the Court (Hon. Linda D. Hurst, presiding) granted Defendant's motion for summary judgment on Plaintiff's first cause of action and denied summary adjudication of Plaintiff's second and third causes of action. A court trial was held April 8, 2022 (Hon. Hernaldo J...

Excerpt: ...dants demurred to the FAC1 , and on September 27, 2022, the demurrers were partially overruled and partially sustained without leave to amend. On October 10, 2023, after obtaining leave to amend, Plaintiff filed her Second Amended Complaint (SAC). Defendants now demur to and move to strike portions of the SAC. The SAC alleges an escalating feud between the parties regarding noise issues. Plaintiff opposes the motions. No replies are on file. Co...

Excerpt: ...Mid -State Fair Heritage Foundation, Inc. (the Foundation). Plaintiff's lawsuit alleges that on July 23, 2022, she was in line at the Paso Robles Event Center (PREC) to enter the California Mid -State Fair (the Fair) along a narrow, unpaved, uneven, and dangerous embankment. Plaintiff alleges she was injured when she lost her footing and careened down a slippery steep gravel embankment and slammed into a fence. Now before the Court are three moti...

Excerpt: ...ds duties to disclose under multiple theories. (Warner Constr. Corp v. City of Los Angeles (1970) 2 Cal.3d 285. 294; Jones v. ConocoPhillips Co. (2011) 198 Cal.App.4th 1187.) Defendant argues that the corporation's role and intent must be pled "with specificity," but the fraud, being concealed, i s far better known to defendant than to plaintiffs. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.Ap...

Excerpt: ...Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defendant attempted to fix this issue by filing ...

Excerpt: ...nd Cameron Bonner ("individual defendants") in 2023 after they allegedly created defendants Athena Paytech LLC and Pluto Hub, LLC, in violation of their employment agreements. After SpotOn sued, ind ividual defendants cross-complained for violations of the Labor Code and other statutes. SpotOn now moves to compel arbitration of the cross- complaint based on the mandatory arbitration provision within individual defendants' employment a...

Excerpt: ..., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Defendants' motion to strike Plaintiff's experts, Steven Hamilton, Ph.D.; Murray A. Solomon, M.D.; and Jeff Bruno; or, in the alternative, to limit the experts' testimony to...

Excerpt: ...endant seeks to set aside the judgment. The court GRANTS both motions. Plaintiff's Motion to Set Aside Dismissal “That a court of general jurisdiction has the power to correct clerical error in its judgment so that the judgment will conform to and speak the truth, regardless of the lapse of time and whether made by the clerk, counsel or the court itself, is a principle so established as to be beyond argument.” (Bowden v. Green (1982) 128 Cal....

Excerpt: ...x causes of action for 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This action is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV -0429 as the lead action. Now on calendar is Manji's motion for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FA...

Excerpt: ... including disputing Nielsen's alleged title to the Property. Hobe argued that Nielsen had unduly influenced and wrongfully induced Hobe's mother (Jacqueline Hobe)1 to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter w...

Excerpt: ...d to collectively as “Petitioners.” The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.1 On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten- day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three -year Civil Harassment Restraining Order, set to ...

Excerpt: ... cause of action for accounting and twelfth cause of action for negligent misrepresentation; and (2) OVERRULED on all other grounds. (Code Civ. Proc. § 430.10, subd. (e), (f).) In this case, plaintiffs allege in their first amended complaint thirteen causes of action with over 50 pages of allegations and 40 pages of exhibits arising out of their purchase of a house. Defendants demurrer to all causes of action except the second cause of action. ...

Excerpt: ...ach of quiet enjoyment (Civ. Code, § 1927); (4) private nuisance (Civ. Code, § 3501 et seq.); (5) premises liability (Civ. Code, § 1714); (6) retaliation; (7) negligence; (8) retaliatory eviction; (9) violation of Civil Code section 1940.2; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; (12) violation of Business and Professions Code section 17200 et seq.; and (13) fraud. This lawsuit aris...

Excerpt: ...omplaint against Plaintiff; PRCCC, Inc.; and 1144 Black Oak Associates, LLC (Cross -Defendants). Plaintiff also has a pending cross- complaint against other parties. The parties' dispute centers around their agreement concerning the sale of Plaintiff's restaurant in Paso Robles to Defendant Ayrapetian. Plaintiff asserts one cause of action for breach of contract against Defendant Ayrapetian, alleging Defendant failed to pay the cash purchase pric...

Excerpt: ...ied, operated, controlled, supervised, patrolled, monitored, managed, and maintained a parking lot in Paso Robles. Plaintiff alleges the parking lot included a “posted warning sign1 regarding no overnight camping.” Plaintiff alleges the parking lot was open for use by members of the public including shoppers and pedestrians, like the Plaintiff, using the premises in its normally intended and foreseeable manner for foot traffic and passage. Pl...

Excerpt: ...pley (Decedent) was driving through the intersection of 34th Street and Spring Street in Paso Robles on January 13, 2022, when his vehicle was struck by another car driven by Galvez. The complaint alleges that Galvez failed to yield because his visibility and sightline of oncoming tra
¯ic was blocked or impaired due to improper design, construction, and/or maintenance of the intersection. Currently on calendar is the City's demurrer to the secon...

Excerpt: ...kid steer with an auger attachment. (Compl., p. 4.) Plainti
¯ alleges that an employee o Quinn Rental Services was getting the skid steer ready or pickup when he caused a portion to all on Plainti
¯'s head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. On December 12, 2023, this Court granted Plainti
¯'s motion to amend the complaint to add a claim or punitive damages. Plainti
¯'s motion was based o...

Excerpt: ...by Deendant Hyundai Motor America (“Warrantor”). Plainti
¯ alleges both deendants violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) by ailing to repair Vehicle deects. Dealer and Warrantor are represented by the same attorneys and have each Þled a motion to compel arbitration and or stay o this action until the conclusion o arbitration. Warrantor relies on the arbitration provision in the RISC between Plainti...

Excerpt: ...breached its warranty by failing to repair defects in the vehicle within a reasonable number of attempts and refusing to repurchase the Vehicle. Morales served GM with Plainti
¯'s Requests for Production of Documents, Set One (“RFP”), and GM timely served Morales with responses. GM objected to all of the requests and agreed to produce some documents in response to some of the requests “subject to” the objections. Even if the objections w...

Excerpt: ...s proposed project (the Project) to establish up to three acres of outdoor cannabis cultivation within hoop houses and a 10,000-square foot (sf) ancillary processing building on Real Party's 41-acre property located at 8770 Carrisa Highway, Santa Margarita, California 93453 (the Site). (Administrative Record [AR], at AR00055.) A. The Project. Real Party submitted their initial minor use permit application on February 19, 2018. (AR 541.) The Proje...

Excerpt: ...yard, Inc.; Richard L. Quinn; and David Nichols (“Deendants”) Þled the subject motion to sever Geo
¯rey's and Bonnie's claims on the grounds that the claims do not meet the standard or permissive joinder and to “prevent any party rom being embarrassed, delayed, or put to undue expense.” 1. Joint Ownership or Control o the Inn and Winery Deendants have not shown that the Inn and Winery were owned and controlled by completely separat...

Excerpt: ...Pamela Pierce to Form Interrogatories, Set One, and Request for $4,000 in Monetary Sanctions (3) Plainti
¯'s Motion to Compel Further Responses from Defendants Kedrin Van Steenwyk; KMBG, LLC; and Adelaida Cellars, Inc. to Requests for Production of Documents, Set One, and Request for $4,000 in Monetary Sanctions (4) Plainti
¯'s Motion to Compel Further Responses from Defendants Applied Technologies Associates, Inc.; ATA Ranches, Inc.; Daniel Ca...

Excerpt: ...ng in physical and emotional injuries. The complaint sets orth the ollowing causes o action: (1) Battery; (2) Negligence; (3) Intentional Inßiction o Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Deendants) now move or summary judgment on the ground Plainti
¯ cannot prove causation. Plainti
¯ opposes the motion. This is Deendants' second motion or summary judgment on the issu...

Excerpt: ...d that his room was contaminated with bed bugs resulting in physical and emotional injuries. The complaint sets forth causes of action for (1) Battery; (2) Negligence; (3) Intentional Inßiction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) previously Þled a motion for summary judgment. The thrust of Defendants' motion was that they lacked notice of bed bugs at the Hotel...

Excerpt: ...hicle su
¯ered rom deects and no-ncomormities, including transmission deects and inotainment deects, and that Ford ailed to repurchase or replace the Vehicle ater a reasonable number o repair attempts. (Compl., ¶¶ 15-18.) Plainti
¯'s Þrst Þve causes o action are alleged against Ford only. Plainti
¯'s sixth cause o action alleges negligent repair by Santa Maria. (Compl., ¶¶ 72-76.) Deendants now demur to the Þth and sixth ca...

Excerpt: ...obate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli Þled a counterpetition against Siegenthaler alleging Þnancial abuse and fraud. The counterpetition alleged Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. Andreoli supplemented her counterpetition in June 2022, alleging additional wrongful takings by Siegenthaler. On June 24, 2022, Andreo...

Excerpt: ...housed (“ASH”). 1. DEMURRER LEGAL STANDARD A demurrer tests the legal su
¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaints form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plain...

Excerpt: ...ER LEGAL STANDARD A demurrer tests the legal su
¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plainti
¯'s ability to prove thes...

Excerpt: ...reached her duties with respect to medical liens submitted against the settlement funds.l Harris filed this interpleader achon on April 20, 2022, and deposited with the Court the remainder of the settlement funds after deducting legal costs and her forty percent contingent fee. Metzner filed the malpractice cross-complaint on October 4, 2022. Harris argues that the attorney-client relationship ended on January 19, 2021, the date Harris filed a no...

Excerpt: ...ollectively as "Petitioners." The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.l On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten-day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three-year Civil Harassment Restraining Order, set to expire on Au...

Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...

Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...

Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...

Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...

Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...

Excerpt: ...After a five-day trial the Court issued a Ruling on Decision After Trial in favor of Plaintiffs for $40,470.52. Plaintiffs now seek attorney's fees of $197,541.00 pursuant to section Paragraph 25 of the parties' Motel Lease, which provides as follows: In the event of the commencement of any action by either party hereto, or their respective successors in interest, hereon or hereunder or by reason of the breach of any covenant or condition on the ...

Excerpt: ...uger attachment. (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Plaintiff's motion to amend the complaint to add a claim for pun-tive damages. Legal Authority. "The court may, in furtherance of justice, and on any...

Excerpt: ...Danna Dec.); Ex. 1. Stip., 1, 2.) Judgment shall not be entered in favor of Plaintiff and against Defendant so long as Defendant pays to Plaintiff the compromise sum of $2,365 by making an initial payment of $111, followed by payments of $98 per month until the compromise amount was paid. (ld., 'l 3.) Should Defendant default, she is entitled to a noticed motion to enter judgment pursuant to the stipulation in the amount of $3,637.38, less paymen...

Excerpt: ...Verduzco), (2) negligence (against CDSH and CDCR), and (3) negligent entrustment, hiring, supervision, training, and/or retention (against CDCR). Plaintiff alleges he is currently in custody with CDSH in Coalinga. (FAC, 1.) Plaintiff alleges that Adame and Verduzco were hired and employed by the State of California, by and through COCR, and also alleges Adame and Verduzco are employed by CDSH. (ld. at "1 31, 32, 35, 45.) Plaintiff alleges he has ...

Excerpt: ...Counties), Louis Carnesale (Louis) 1, John Carnesale (John), and the City of Atascadero. 10850, Tri Counties and John Carnesale (collectively Defendants) now demur to the complaint as a whole as alleged against them and to each of the first four causes of action .2 Defendants demur to all causes of action on the grounds that the pleading is internally inconsistent as to the date for the alleged actionable event and on the grounds that each cause ...

Excerpt: ... re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross-complaint against Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross-complaint against various Cross-Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of Ame...

Excerpt: ...cannabis in violation of County regulations. The County initiated two administrative actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceed-ngs. (Ibid.) Plaintiff alleges the Armstrong Defenda...

Excerpt: ...ocedure sec
Ÿon 664.6. This Court entered an order for dismissal that retained jurisdic
Ÿon pursuant to the par
Ÿes' request on July 9, 2021. Na
Ÿonwide now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure sec
Ÿon 664.6. Code of Civil Procedure sec
Ÿon 664.6 provides that: If par
Ÿes to pending li
Ÿga
Ÿon s
Ÿpulate, in a wri
Ÿng signed by the par
Ÿes outside of the presence of the court or orally...

Excerpt: ... The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code section 3294. Defendants' coun...

Excerpt: ...e Court." (Minutes, 05/24/23.) Plaintiff has not yet done so. On July 28, 2023, Defendant filed a Motion to Tax Costs. Defendant notes that the motion is in response to a Memorandum of Costs Dated July 11, 2023, served on his counsel that same day. Plaintiff never filed a Memorandum of Costs with the Court. under California Rules of Court, rule the prevailing party must serve and file memorandum of costs within a specified number of days after en...

Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...

Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...

Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...

Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...

Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...

Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...

Excerpt: ...rty, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, 3, 4.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleges that...

Excerpt: ...exhibit is a psychological report of Pe
Ÿ
Ÿoner prepared by Premier Forensic Psychology. The version Þled with the pe
Ÿ
Ÿon has been redacted. An unredacted version has been lodged “Condi
Ÿonally Under Seal” in connec
Ÿon with this mo
Ÿon. “Unless conÞden
Ÿality is required by law, court records are presumed to be open.” (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court, however, may order that a record be Þled under ...

Excerpt: ...d amended complaint. On April 7, 2023, a fourth amended complaint (4thAC) was filed by Crosbie alone (hereinafter, Plaintiff) after Beraud apparently settled her claim with Defendant. (4thAC 3.) Defendant now demurs here to the first, third, and fourth causes of action in Plaintiff's 4thAC. Plaintiff opposes the demurrer.l l. Background Plaintiff is 51 years old and has been working at California Department of State Hospitals - Atascadero as a Re...

Excerpt: ...t. Steve, SC8C, and CCV (collectively Defendants) have filed a special and general demurrer to each of the complaint's thirteen causes of action. Plaintiff opposes the demurrer. The demurrer is overruled except for the first and tenth causes of action. The demurrer to the first cause of action is sustained without leave to amend, and the demurrerto the tenth cause of action is sustained with leave to amend. l. Legal Standard A demurrer challenges...

Excerpt: ... 1994 Trust, the settlor executed a restatement of trust on March 2, 2010 (the 2010 Restated Trust). On February 4, 2020, the petitioners filed a First Amended Pettion alleging wrongdoing by the trustee, Deborah Foster-Swenson2 (Swenson). Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition (the SAP). The 1994 Trust dir...

Excerpt: ...rmination in violation of public policy, and intentional infliction of emotional distress. Now before the Court is Plaintiff's motion for leave to pseudonymously and for a protective order. There is no proof of service for either the Complaint or the instant motion. l. Background Plaintiff is an undocumented Venezuelan citizen, who was employed by Taste! from November 2022 until April 13, 2023. (Complaint '15.) During her employment interview, Pl...

Excerpt: ...d Fair Dealing and violation of Business and Professions Code section 17200, et seq. Plaintiff seeks damages and equitable relief. According to Plaintiff's Complaint, on or about September 4, 2015 [sic]l , Plaintiff executed a non-negotiable promissory note and a Deed of Trust on his property. On May 23, 2012, Plaintiff suffered a work-related injury. The injuries caused Plaintiff to be unable to continue working as he required multiple surgeries...

Excerpt: ...arbara Lane, presiding) sustained in part and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserts causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (A...

Excerpt: ...rsuant to Cade of Civil Procedure section 430.10, (e) and (f). Pearce demurs on the grounds that Plaintiff's claims are barred because he cannot establish publication of any alleged defamatory statement. Plaintiff opposes the demurrer. For the reasons set forth below, the demurrer is sustained without leave to amend. l. Background Plaintiff was employed by Pearce as a cell phone tower maintenance worker from April 2021 until May 3, 2022. (FAC 8.)...

Excerpt: ...istian's employment and personnel records pursuant to Evidence Code Section 1043 (Pitchess motion). l. Legal Standard Penal Code section 832.7 provides that peace officer personnel records are confidential and shall not be disclosed in any civil proceeding except by discovery pursuant to Evidence Code sectons 1043 through 1047.2 (See also Pen. Code, S 832.8 [defining "personnel records"l.) The Pitchess statutory scheme set forth at Evidence Code ...

Excerpt: ...ers agreed to service of process by registered or certified mail, return receipt requested sent to 751 Higuera Street in San Luis Obispo, California (the Service Address). (Id„ Ex. A [Agt., '150].) Sellers also agreed to "promptly notify" Plaintiff in writing of any change of address. (Ibid.) On August 17, 2021, the Sellers and Plaintiff entered into a second sale and purchase agreement, which contained the same service term and address. (ld., ...

Excerpt: ...ve documents, the responses are not code compliant. (Declaration of Christine Balbo Fenech in support of Defendant's motion ("Fenech Decl.") Exhs. 8 and D.) Plaintiffs did not identify which of the previously prcKluced documents are responsive to each request. Plaintiffs contend that Defendant failed to meet and confer in good faith prior to filing the subject motion. "'[AI reasonable and good faith attempt at informal resolution entails somethin...

Excerpt: ... (Compl., p. 4.) Plaintiff alleges that 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.) The history of the efforts by Plaintiff in this case to conduct discovery into what should be a relatively simple and straightforward set of issues the identification and inspection of the equipment that was involved in the inci...

Excerpt: ...f dependent adult abuse and neglect when his dietary requests were denied. On March 25, 2021, Plaintiff filed his third amended complaint (TAC) in which he alleged a single cause of action against DSH-A for violation of Gov. Code section 815.6. Now before the Court is DSH-A's Moton for Summary Judgment. For the reasons set forth below, the motion is granted. Plaintiff's Request for Judicial Notice is granted. However, while the Court can take not...

Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...

Excerpt: ..."Campbell-Taylor") and Defendant and Cross-Defendant Jesus Morales ("Morales") for general negligence and premises liability. Campbell Taylor and his wife, Paula Campbell-Taylor own the real property where the accident happened and do business as Graveyard Vineyards. ((Morales's Separate Statement of Undisputed Material Facts ("SSUMF"), Fact Nos. 2, 15.) Morales is a tree trimmer and does business as Golden State Tree Service. In July 2016, Campb...

Excerpt: ...s, set two; (2) special interrogatories, set two; (3) requests for production, set two (RFPs); and (4) requests for admission, set one (RFAs). Responses to the discovery were due on February 27, 2023. (Code Civ. Proc., SS 2016.050, 2030.250, 2031.260, 2033.250, 1013 [deadline extended 5 calendar days when served by maill.) At the time of filing these discovery motions (April 3, 2023), Plaintiff had not yet served responses. On September 20, 2023,...

Excerpt: ... the Trust. (Petn., 5.) On November 13, 2018, Petitioner, who is Respondent's sister, filed an action in this Court, case no. 18PR-0258 (the Prior Trust Action) seeking, among other things, to invalidate the seventh amendment to the Trust on the grounds of undue influence. (Petn. 8.) On December 11, 2018, Respondent filed a counter petition to determine validity of trust documents under Probate Code section 17200, subd. (b)(3).) (Petn., '19.) The...

Excerpt: ...ber 13, 2020. Plaintiffs alleges that DSI employees failed to cap the gas line when it removed Plaintiffs' old gas dryer, and on July 8, 2021, Plaintiffs' home was substantially destroyed in an explosion and fire. On February 7, 2023, the Court granted Defendants' motion to strike the FAC, in part, on the grounds that Plaintiffs had not alleged any actions that could constitute a "conscious disregard for the safety of others." (ld. at p. 2.) Plai...

Excerpt: ... of action aga-nst the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiffs allege they invested millions of dollars with Belsher and Wright, which investments have been lost. A court trial is set to begin on October 17, 2023. Now before the Court is Defendants' motion to continue the trial. The motion's focus is Wright's lack of attorney ...

Excerpt: ...fs further allege that Defendant concealed that the transmission had major defects ("Defect"), that Plaintiffs began experiencing problems with the Subject Vehicle and repeatedly took it to be repaired, but the problems were not fixed. 9, 10, 11, 13, 14.) Defendant demurs to the Fourth Cause of Action on the grounds that it is barred by the statute of limitations and fails to allege sufficient facts to state a fraud cause of action. Defendant mov...

Excerpt: ...s perc:ipient witnesses. After the depositions on June 1, 2023, Plaintiff designated 188 non-reta-ned expert witnesses, including the five police department witnesses. (Declaration of John A. Demarest, 3.) Defendant Kayla Myers ("Defendant") noticed their depositions as non-retained experts. Plaintiff filed the subject motions for protective order to bar Defendant from deposing the five witnesses for a second time. Defendant opposes the motions a...

Excerpt: ...arties presented legal theories they previously had not advanced. The Court therefore authorized each party to file a response to the Statement of Decision filed by the other party. The Court issued its proposed Statement of Decision on May 22, 2023, addressing the issues raised in the parties' prodigious filings, including the arguments raised: (1) in the trial briefs; (2) during closing argument; (3) in the pocket briefs addressing the decision...

Excerpt: ...settlement (Filed Stipulation). The Filed Stipulation reported that the parties had entered into a separate stipulation regarding entry of judgment, which set forth the terms of their settlement (Settlement Stipulation). The Court granted the request to retain jurisdiction, and dismissed the action on October 7, 2022. Plaintiff now seeks to set aside the dismissal and have the Court enter judgment pursuant to the Settlement Stipulation. No opposi...

Excerpt: ...er) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition).l on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs pl...

Excerpt: ...eges that, on May 26, 2015, the parties entered into a one-page agreement captioned "Nunno Wine Storage & Service Agreement" (the Agreement), whereby Plaintiff would store its wine at Defendant's facility on Dry Creek Road. (Compl., 8.) Plaintiff alleges that it began storing its wine on May 27, 2015, and that under the Agreement's terms, Plaintiff was charged monthly storage fees based on the wine inventory on hand at the facility at the end of ...

Excerpt: ...de section 172W. Plaintiff alleges he owns the residence located at 1315 Stoney Creek, Paso Robles, 93446 (the Property). Plaintiff alleges Defendant has a deed of trust on the Property. Plaintiff alleges he has attempted to work with Defendant on his mortgage payments, but that Defendants have not provided him with a loan mtxlification agreement. Plaintiff initiated this lawsuit to halt foreclosure proceedings on the Property. Now before the Cou...

Excerpt: ...a subsequent deposition 'for cause shown' pursuantto C.C.P section 2025.610." Exh. A, "l 4, 5.) Defendant seeks an order compelling the deposition of Plaintiff pursuant to Code of Civil Procedure section 2025.610. Code of Civil Procedure section 2025.610 precludes the subsequent of a person unless the court orders it based on good cause. Defendant argues that there is good cause for allowing a second deposition of Plaintiff because it has been mo...

Excerpt: ...100 acres of land located at 6955 Estrella Road in San Luis Obispo County ("Property") from Jeannot Nahmias ("Nahmias") who had previously used the land forfarming grapes. (Pet. , 1, 19, 28-29.)1 Petitioner leased the land for the purpose of growing hemp for research purposes. The Property is located in the agriculture land use category. (AR 019.) On June 18, 2019, the County adopted an interim zoning/urgency ordinance, Ordinance No. 3393") pursu...