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: ...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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..."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: ... 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...