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: ... 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...