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...

Excerpt: ...ee of Defendants' employees. In the notices of the three depositions, Plaintiff made document requests. No documents were produced at the first of the three depositions, and Plaintiff's counsel suspended the deposition after one-half hour and refused to go forward with the other two depositions. Before the court is Plaintiff's motion to compel the three depositions and the production of documents. Also before the court is Defendants' motion to st...