Excerpt: ...d Roberta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. ...

Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certifica...

Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...

Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...

Excerpt: ...�), which shares a common boundary with real property owned by Defendants. After filing the complaint, Plaintiff recorded a Notice of Pendency of Action, on May 17, 2021 (the “Lis Pendens”). The Lis Pendens states the action concerns real property owned by Defendants, identified as APN 090‐ 372‐027 (“Lot 27”).1 The complaint alleges that Anderson acted as Defendants' agent to list and sell their property, and during her efforts to do ...

Excerpt: ...s injured leg was subsequently amputated below the knee, which he contends was a result of his fall. Plaintiff dismissed Ladera from the action on November 9, 2020, after the Court approved the parties' good faith settlement. Prior to that, on September 3, 2020, GMC filed a cross‐complaint against Dr. Eric Ford Shepard (“Shepard”), the surgeon who performed the amputation.2 According to GMC's cross‐complaint, the amputation was an electiv...

Excerpt: ...breach of insurance contract (against Allstate). The Law Firm Defendants filed a demurrer to the single cause of action pled against them in the FAC. On January 14, 2021, this Court sustained the Law Firm Defendants' demurrer with leave to amend. On March 1, 2021, Plaintiff filed a second amended complaint, wherein he amended both causes of action against all Defendants. Allstate objected to this second amended complaint because Plaintiff amended...

Excerpt: ..., was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020, and includes multiple counts of embezzlement, under Penal Code section 487(b)(3). Six of the counts allege embezzlement from Ma...

Excerpt: ...,494.25, plus interest. (Compl., ¶ 10.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. Defendant has filed an opposition. As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burd...

Excerpt: ...tioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. On June 30, 2020, Respondents filed an “Answer to Verified Petition as to Invalidation of Will,” in which Respondents asserted: Respondents only intend to respond with this answer to the Second Cau...

Excerpt: ...nt, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC”), on March 5, 2021. The Court...

Excerpt: ... that the Administrative Record in this matter contains confidential peace officer personnel records within the meaning of Penal Code sections 832.7(a) and 832.8, including personal data, election of employee benefits, employee appraisal and discipline, complaints and investigation and disposition of complaints, information derived from such confidential records and other information, the disclosure of which would constitute an unwarranted invasi...

Excerpt: ...hes of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset, against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories, and for $2,785.50 in sanction...

Excerpt: ...essel Family Trust on April 28, 1992 (the “Trust”). Ralph had one child from a prior relationship, Gregory Wessel (“Respondent”), and Evelyn had two children from a prior relationship (Petitioners). Evelyn and Ralph served as co‐trustees until Evelyn passed away, on June 25, 2005. After her death, Ralph executed thirteen amendments to the Trust (dated 07/01/05; 07/27/05; 02/07/06; 02/28/09; 05/04/11; 01/13/12; 10/19/12; 07/15/13; 03/24/...

Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...

Excerpt: ...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 affirmed 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 denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...

Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...

Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...to their complaint adding Rossetti Company Management, Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, wher...

Excerpt: ...demur to the SAC. Henry Alan Heer (“Heer”) now demurs to Plaintiffs' eleventh cause of action for Unfair Business Practices under Business and Professions Code sections 17200, et seq. (the “UCL”), in the SAC, on the grounds that the SAC fails to allege facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Counsel for the parties met and conferred prior to filing this demurrer. (See Newsum Decl.) I. Standard at ...

Excerpt: ...m a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff alleges that during this visit, Defendant's employees informed Plaintiff that dogs are not allowed in its restaurant. Plaintiff's lawsuit seeks a state‐wide permanent injunction requiring Defendant's restaurants throughout California to adopt a general nondiscrimination policy...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...

Excerpt: ...t of statements that Defendants made about Plaintiff to Detective Eric Stradley of the San Luis Obispo Police Department, during an investigation in June 2019. Attached in support of the complaint's allegations are police reports prepared by Detective Stradley, memorializing his discussions with two witnesses, identified by Plaintiff as Defendants. (Cmp., Exs. 1, 3.) Currently before the Court are the Defendants' individual motions to strike purs...

Excerpt: ...ce filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...

Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...

Excerpt: ...ffering from the coronavirus at other California penal institutions to be moved to the California Men's Colony in San Luis Obispo (the “CMC”). The petition asks, among other things,1 that the Court prohibit the California Department of Corrections and Rehabilitation (“CDCR”) from making any such future transfers. Respondent has not yet been served with the petition. On October 27, 2020, Petitioner filed a request for an order (1) that he ...

Excerpt: ...in San Luis Obispo County. Plaintiffs subsequently filed three amended complaints and have named multiple additional defendants, including the California Department of Transportation, Caltrans, the State of California, CHG Medical Staffing, Inc., DaVita, Inc., and Foundation Medical Staffing. CHG Medical Staffing Inc., Foundational Medical Staffing, and DaVita Inc. (“Defendants”) now move this Court for an order permitting them to file under ...

Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...

Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...

Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...

Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...

Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...

Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...

Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...

Excerpt: ...rrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...

Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions Code sectio...

Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...

Excerpt: ...ranted Plaintiff's unopposed motion for terminating sanctions. Defendant's answer and cross‐complaint were stricken, and default was entered. On January 13, 2021, the Court held a default prove‐up hearing, at which Plaintiff was sworn and examined. On January 14, 2021, default judgment was entered against Defendant in the total amount of $1,060,351. On March 11, 2021, Defendant filed a substitution of attorney, wherein her current counsel at ...

Excerpt: ... a consultant who assisted with the planned subdivision. On May 5, 2020, Plaintiff served a Deposition Subpoena for Production of Business Records on Kirk Consulting. Kirk Consulting complied with the subpoena by producing responsive documents, as well as a one‐page privilege log objecting to production of seven emails on the grounds of attorney‐client privilege and/or the work product doctrine. Defendant reports that all correspondence betwe...

Excerpt: ...Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020 (two days before the Machado Action), and includes multiple counts of embezzlement under Pena...

Excerpt: ... his sister, Susan Shively. Respondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that, ...

Excerpt: ... for fees and costs pursuant to Civil Code section 1717, which provides in relevant part: In any action on a contract, where the contract specifically provides the attorneys' fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not...

Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (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 pr...

Excerpt: ...ivil action against Defendant. Plaintiff's complaint is captioned as “Verified Complaint in Equity to Set Aside Judgment Obtained by Extrinsic Fraud or Mistake; Default and Default Judgment Rendered by Court Lacking Jurisdiction over Defendant.” The crux of Plaintiff's civil action is that he was never served with process in the Collections Action, and the substituted service made on his alleged co‐tenant was ineffective. Thus, according to...

Excerpt: ...pondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that on numerous occasions prior to h...

Excerpt: ...(2) strict liability – manufacturing defect; (3) strict products liability – design defect; (4) strict products liability – failure to warn; and (5) negligence. Plaintiff's complaint alleges that his right index finger was crushed and subsequently amputated while operating a model no. IF 12‐1/2, Series One Niagara Power Squaring Shear (the Niagara Squaring Shear) as part of his job duties for his employer, PWS Construction (PWS). (Compl.,...

Excerpt: ...Keystone's Motion for Order Reclassifying Action as a Limited Civil Case, pursuant to Code of Civil Procedure section 403.040. The other Defendants filed a joinder to the motion on June 4, 2021. Plaintiff opposes the motion.1 For the reasons set forth below, the motion is denied. According to Keystone, Plaintiff underwent a dental implantation procedure for a single tooth, which has since been successfully restored with a new implant. Keystone no...

Excerpt: ...g on January 6, 2021, at 9:00 a.m. in “Paso Robles Department 2.” OSC stated that it would be vacated if a response was filed or if a default judgment was entered at least 10 court days prior to the hearing. On December 24, 2020, the Court electronically served on Plaintiff's counsel a Notice of Hearing by Zoom, which confirmed the date, time, and department (“Paso Robles Department 2”) for the OSC. Plaintiff did not appear at the OSC hea...

Excerpt: ... property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action against Defendant...

Excerpt: ...due and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atla...

Excerpt: ...7, which he asserts is defective. On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019, in which it agreed to “comply in full” with Plaintiff's RFP numbers 16 and 22. Those RFPs requested: REQUEST FOR PRODUCTION NO. 16: All DOCUMENTS, inclu...

Excerpt: ... of action1 on the grounds that it fails to allege facts sufficient to state a cause of action for quiet title under Code of Civil Procedure section 430.10(e). U.S. Bank filed a notice of joinder in the demurrer. However, U.S. Bank filed an answer to the complaint on July 10, 2020, almost nine months before the demurrer was filed. A joinder seeks the same relief sought in the moving party's papers. (See Weil & Brown, Cal. Practice Guide: Civil Pr...

Excerpt: ...verse condemnation. In their FAC, Plaintiffs allege they own a 48‐acre parcel in the San Luis Obispo County (the Property) to cultivate wine grapes. (FAC, ¶ 8.) Plaintiffs allege they acquired the Property in 2012. (FAC, ¶ 9.) Plaintiffs allege in summer 2013, they hired Miller Drilling Company to install an electric water pump and related water supply facilities on the Property's existing water well for the purpose of irrigating Plaintiffs' ...

Excerpt: ...d into a contract with Webcor Construction, LP to construct a project, and that Webcor then entered into a written subcontract with Plaintiff for the project with an agreed‐upon contract price of $16,424,494. (FAC, ¶¶ 8‐9.) Plaintiff alleges that Webcor has not paid Plaintiff nearly three million dollars under the contract. (FAC, ¶ 16.) Plaintiff alleges that it previously served on CSU a stop payment notice in the amount of $2,864,487.54,...

Excerpt: ...on or review by a judicial body or other official proceeding (Code Civ. Proc., § 425.16(e)(2)); and/or 2) in furtherance of the exercise of the constitutional right of petition or constitutional right of free speech in connection with a public issue(s) or issue(s) of public interest. (Code Civ. Proc., § 425.16(e)(4).) Defendant contends that Plaintiff's complaint arose from Defendant's protected activity and Plaintiff cannot establish a probabi...

Excerpt: ...nded Summons and Complaint were served on Jay Coakley at 32230 N. Harbor Dr., Fort Bragg, CA 95437 (the Fort Bragg Address”) via substituted service. The documents were left with Jay Coakley Jr., son of Defendant, on January 17, 2018 at 3:35 p.m., and were mailed to that same Fort Bragg Address on that same date from Ft. Bragg, California. Defendant did not appear in the action. On June 3, 2019, default was entered against Defendant. On January...

Excerpt: ...ition of Public Property is alleged against the State of California (the “State”), amongst other Defendants. On January 12, 2021, the State served two deposition subpoenas for business records relating to Jordan's records on California Polytechnic State University, in San Luis Obispo (“Cal Poly”), and on Cal Poly Campus Health & Well Being, seeking production of records, on February 8, 2021 (the “Subpoenas”). The Subpoenas were both a...

Excerpt: ...aintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surgery. Plaintiff alleges he ...

Excerpt: ...intiff filed her first amended complaint on June 1, 2018. Plaintiff filed her Second Amended Complaint (”SAC”) on October 3, 2018. The SAC alleges three causes of action, for (1) negligence against SPS; (2) violation of the Homeowner Bill of Rights (“HBOR”) against all Defendants; and (3) and Unfair Business Practices under Business and Professions Code section 17200, et seq., against all Defendants. The action arises out of Plaintiff's a...

Excerpt: ...laint (“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. The SAC sets forth the following allegations. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction (the “Purchase Agreement”) with Kleck, the owner of the property. Merrill and Andrew were, respectively, the broker and agent negotiating ...

Excerpt: ...wn Creek Lane, Paso Robles, and Defendants own 7330 Town Creek Lane, Paso Robles. (Compl., ¶¶ 1, 3.) Plaintiff alleges the two properties share a common border with the lake during high water levels, but because of the drought, Plaintiff “has consistently crossed over the Raad Property during periods of low water levels by way of an access road [the Lake Access Road] openly and without permission for a period in excess of twenty years.” (Co...

Excerpt: ... (the Settlement). On August 13, 2020, this Court granted the parties' motion for preliminary approval of the Settlement. Now before the Court is Arguello's unopposed motion for final approval. The settlement class consists of 1,227 Class Members, defined as all persons that Defendant employed in California during the class period. The class period is May 21, 2014 through August 13, 2020, the date the Court granted preliminary approval. The parti...

Excerpt: ...ode of Civil Procedure section 426.50. Defendant's proposed cross‐complaint alleges claims for declaratory relief and reimbursement, no coverage and reimbursement, fraud and deceit, and negligent misrepresentation against Plaintiff. (Exh. 1.) Defendant contends that it learned of misrepresentations and concealments by Plaintiff when it received supplemental responses to written discovery on or about October 14, 2020. (Valdespino Decl., ¶ 2.) D...

Excerpt: ...motion for preliminary approval of class action settlement, which motion the Court granted on November 18, 2020. Now before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of 267 Class Members, defined as “all current and former employees who worked for Defendant in California at any time from April 25, 2018 through March 26, 2019.” The Parties have agreed to settle the class claims for a ...

Excerpt: ...s' fees under Code of Civil Procedure section 1021.5 (Section 1021.5). Legal Authority. Pursuant to section 1021.5, a trial court may ‘award attorney[ ] fees to a successful party against one or more opposing parties in any action [that] has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of...

Excerpt: ...ys General Act (“PAGA”). Plaintiffs and Defendants have now settled, and Plaintiffs move for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiffs served the motion and supporting documents on Defendants; no opposition or objection was filed. Plaintiffs seek an order: 1) Provisionally approving and certifying the Settlement Class; 2) Provisionally approving the Named Plaintiffs (ALEJANDRA GUZMAN, K...

Excerpt: ...g Statement identifying the Lender as “WebBank” and the Borrower as Defendant. Defendant filed an answer to the complaint on October 13, 2020. Now before the Court is Defendant's motion to compel arbitration. The Court is not in receipt of an opposition; a proof of service is on file. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocab...

Excerpt: ...ach, known as Tract #3043 (“Tract 3043”). On November 29, 2016, a Statement of Agreement was filed reporting the parties had participated in mediation which resulted in a conditional settlement. The matter has been on calendar for various status reports since that time.2 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)3 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 30...

Excerpt: ...ry on Defendant, including demands for production of documents, special interrogatories, form interrogatories, and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs now bring four motions: • Motion to Compel Defend...

Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...

Excerpt: ...ntacted by the arbitrator by phone. On November 14, 2018, the arbitrator issued and served his decision, which awarded $7,693 in favor of Ausman, plus interest at the legal rate of ten percent per annum “from the 30th day after the date of service of this award.” Although the arbitration was non‐binding, it becomes binding unless a party has sought trial within 30 days after service of the award. (Bus. & Prof. Code, § 6203(b).) If no actio...

Excerpt: ...t (“REG”) and its chief executive officer, David Singer, were also named as defendants. They were dismissed without prejudice on April 2, 2021. On May 17, 2021, EHHOA filed a cross ‐complaint against Plaintiffs. Plaintiffs and the individual Defendants all reside within Emerald Hills Estates, a common interest development, located in San Luis Obispo (the “Development”). The Development is subject to both the Davis‐Stirling Common Inte...

Excerpt: ...ictoria Street Partners, LLC alleging causes of action for (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiffs allege is a “shell game...

Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...

Excerpt: ...t 31, 2012. Defendant answered the complaint on June 5, 2014. On March 6, 2015, the parties reached a settlement for $13,567.29. On March 20, 2015, the parties submitted a Stipulation for Settlement under which Defendant's insurance company (Progressive Insurance) agreed to pay $8,700 of the $13,567.29 settlement amount and Defendant agreed to pay the remainder of $4,867.29, in monthly installments of $15, starting on February 15, 2015. The parti...

Excerpt: ...al breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' settlement. Plaintiff brings this unopposed motion for preliminary approval of class action settlement, and moves the Cou...

Excerpt: ...ranted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff filed her second amended complaint. On January 12, 2021, this Court heard argument on multiple demurrers and motions to strike filed by various Defendants. The Court sustained the demurrers with leave to amend and ordered Plaintiff to file a third amended complaint. Plaintiff se...

Excerpt: ...roperty in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. On December 21, 2018, the Court granted summary judgment in favor of the REDs, and dismissed them from this action. The crux of the dispute are Plaintiff's allegations that the Jensens knew, and failed to warn, o...

Excerpt: ...itration under both the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the California Code of Civil Procedure (§ 1280, et seq.)1 A. LEGAL STANDARD Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (§ 1281; see also Condee v. Longwood Mgmt. Corp. (2001) 88 C...

Excerpt: ...d. Plaintiff previously moved for judgment on the pleadings, largely based on Defendants' failure to controvert the material allegations in the complaint based on their unverified answer. On January 12, 2021, this Court denied Plaintiff's motion for judgment on the pleadings, noting that Plaintiff's operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with ...

Excerpt: ...(5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action...

Excerpt: ...Shane Duclos (“Plaintiff”) filed this personal injury action on April 19, 2019, against Anil Chandular Panchal (“Defendant”). Defendant answered the complaint on May 30, 2019. The parties' dispute arises out of a motor vehicle versus motorcycle accident which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories,...

Excerpt: ... Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuries to his body....

Excerpt: ...ouble vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On July 14, 2020, Plaintiff filed a Motion for Appointment of Counsel, which was denied on October 6, 2020. This was not Plaintiff's first motion seeking appointment of counsel; all such motions have been denied. Plaintiff also apparently served but did not file a Motion for Appointmen...

Excerpt: ...iability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. The complaint alleges causes of action for (1) fraud; (2) misrepresentation and omission of material facts in violation of Corporation Code section 25401; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; and (5) breach of promissory note1 . On May 5, 2020, Plaintiffs filed proofs of service evidencing service of the summons, c...

Excerpt: ... dismissed Defendants David B. Singer and REG Property Management, Inc., without prejudice. Plaintiffs and the individual Defendants reside in Emerald Hills Estates, a common interest development (the Development) located in the City of San Luis Obispo. The Development is subject to both the Davis‐Stirling Common Interest Development Act (Civ. Code, § 4000, et seq.; the Act) and a Declaration of Covenants, Conditions and Restrictions, which wa...

Excerpt: ...d Multiple Other Directly Related Issues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee o...

Excerpt: ...ivil Procedure section 1048(a), to consolidate the action for all purposes into a single case caption filed in the Probate, as the actions involve common questions of fact and law. Code of Civil Procedure section 1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consol...

Excerpt: ...work. On January 22, 2021, Brown received by mail an Inspection Demand, Set 3, served by Plaintiff, and Hefele received an Inspection Demand, Set 2, served by Plaintiff. (Coffin Decl., ¶¶ 3, 4.; Exhs. B, C.) Each contained one Demand for Inspection (the “Demands”) seeking the following: Responding Party is to provide access to her electronic devices, including information stored on the primary device, external servers, the cloud, and delete...

Excerpt: ...On November 6, 2006, Claire amended Trust A (the “Ninth Amendment”). She amended Trust A again on July 12, 2007 (the “Tenth Amendment”). Trust A became irrevocable when Claire died on July 25, 2012. After her death, a Notification by Trustee under Probate Code section 16061.7 was sent in July 2012 to the Settlors' children advising them that Trust A had become irrevocable. On August 24, 2012, an explanation letter enclosing the Notificati...

Excerpt: ...y hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On October 23, 2020, Garden Street filed a first amended cross‐complaint (“FACC”) against Specialty.1 The cross‐complaint sets forth causes of action for (1) ...

Excerpt: ... which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories, special interrogatories, and requests for production of documents (“RFPs”) on Plaintiff. Responses were due on October 21, 2020. When no responses were received, Defendant's counsel sent a meet and confer letter to Plaintiff on October 27, 2020, asking for...