Excerpt: ...is Obispo, and the Planning Commission of the County of San Luis Obispo (the Planning Commission) (collectively Respondents or the County). The Petition alleges seven causes of action: 1) Writ of Mandate for Abuse of Discretion, CCP S 1085 or CCP S 1094.5; 2) Writ of Mandate for Arbitrary and Capric:ious Conduct; 3) Writ of Mandate as Respondents Had No Authority to Deny", 4) Writ of Mandate (CCP S 1094.5) as Respondents' Decision is Not Supporte...

Excerpt: ...tion for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." Section 338, subdivision (d) is not authority for filing a motion determining whether the delayed discovery rule applies in a case. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[al plaintiff whose complai...

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: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flor...

Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...

Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...

Excerpt: ...held a 50% ownership in the Property. The same percentage of ownership was reported on Schedules A, L, and N of Bozner's First and Final Account. The Court approved Bozner's First and Final Account in March 2018, and provided for distribution of that 50% interest in the Property to her. The Court's order further provided that any of Decedent's separate property would be divided 50% to Bozner, and 25% to each of the decedent's sisters.l Neither re...

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: ...y"). In August 2012, Krista Koening ("Koening") and David Kneller leased a portion of the Huasna Property for use as a horse training facility. (Second Amended Complaint "SAC" '17.) In 2016, Koening registered to grow cannabis on the Huasna Property allegedly with the Smiths' knowledge and approval. (SAC 10.) In 2017, Koening and others formed SLOS for the purpose of applying for a cannabis permit to grow cannabis on the Huasna Property. (SAC '11...

Excerpt: ...his action against Defendants for allegedly breaching the Contract and failing to pay for Plaintiff's services. The Contract includes a mandatory arbitration clause, and Plaintiff's counsel acknowledged that the dispute would have to be arbitrated ifthe parties could not reach a settlement. (Complaint, Ex. 1 S 6.2; Amended Declaration of Wesley Bonnheim ("Bonnheim Dec.") '1 7, Ex. 2.)1 On or about February 16, 2023, Plaintiff advised Defendants t...

Excerpt: ...fore the Court is Cotton's motion to quash service of summons. Code of Civil Prmædure section 418.10, subdivision (a)(l) entitles a defendant to file a motion to quash service on the ground of lack of jurisdiction. In response to a motion to quash, the plaintiff has the burden of establishing the facts that demonstrate the court's acquisition of personal jurisdiction over the defendant, including the facts showing effective service of process. (...

Excerpt: ...f Labor Code section 2699(c). Now before the Court is Plaintiff's unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order approving the $600,000 settlement between Plaintiff and Defendant; appointing CPT Group, Inc. as the settlement administrator; granting Plaintiff's attorneys' fees request for $200,000; and providing Plaintiffs counsel reimbursement of $10,490.15 in litigation costs. The PAGA statute provi...

Excerpt: ...ly filed (and then dismissed) complaint did not qualify as "litigation" for purposes of vexatious litigant law. Subsequently, on July 13, 2023, the Court ordered Plaintiff to posta $15,000 bond pursuant to Code of Civil Procedure section 1030. Currently on calendar is Defendant's renewed Mohon to Deem Plaintiff a Vexatious Litigant. (Code Civ. Proc., S 391.1.)1 Plaintiff opposes the motion. The Court grants Defendant's Request for Judicial Notce....

Excerpt: ...inst multiple defendants including Alfred Nevis (Nevis), Makat Investments LLC (Makat) and Corbett AG, LLC (Corbett) (collectively the Nevis Defendants). The Live Oak Action alleges five causes of action for: 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; and 5) declaratory judgment. On that same date, Manji 2514 W, LLC (Manji) filed an action (22CV-0430, the Manji Acton) against multiple def...

Excerpt: ...ts misclassified him as an exempt employee and did not pay him in compliance with the Labor Code. LeMoine alleges that he was terminated in retaliation for raising the issue of unpaid wages and objecting to a deduction in wages for a business loss. Before the Court is Defendants' demurrer to the Sixth, Seventh and Ninth Causes of Action in the FAC and Devries' Motion to Strike paragraph 62 of the FAC. Defendants contend that the Sixth Cause of Ac...

Excerpt: ...with the City of Pismo Beach Police Department ("CPMPD"). (Complaint, p. 2, II. 16-18.) Plaintiff alleges that Defendant failed to timely respond to that request. (Cal. Gov't Code S 6253, subd. (c).) Approximately one week after the deadline to respond had passed, Plaintiff followed up with CPMPD, but the dispatcher could not assist him. (Complaint, pp. 2-3, II. 26-2.) Plaintiff left a message with the Chief's secretary but received no return cal...

Excerpt: ...ection (b) of section 473, the court may relieve a party from a default based on "mistake, inadvertence, surprise, or excusable neglect." Defendant submits a proposed demurrer, motion to strike and answer along with his moton. Plaintiff opposes the motion. Defendant's moton is timely, as it was filed within six months of September 20, 2022, the date the clerk entered default. (Kramerv. Traditional Escrow, Inc. (2020) 55 Cal.App.5th 13, 39 [six- m...

Excerpt: ...ral individuals, including Respondent and moving party Phillip Ralls ("Moving Party"). Settlor died on September 13, 2021. On February 4, 2022, Reina and Marna filed a petition against Moving Party and several other recipients of gifts from Settlor seeking to set aside the gifts and for damages. On September 13, 2022, Moving Party propounded Form Interrogatories, Special Interrogatories and Requests for Production of Documents on Responding Party...

Excerpt: ...ant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq., and under California common law ("Com...

Excerpt: ...-Terrain Vehicles (ATVs) (SAC, 3.) All of the vehicles were owned by Defendants Orchard City RV, LLC (Orchard) and Matthew Gordon (Gordon) (collectively Defendants). (ld., 3.) Orchard is owned and operated by Gordon. (ld., '1 8.) At the time of the incident, Jutla was acting as an agent for Defendants Orchard and Gordon. (ld., 6.) Jut-ila was driving to deliverthe equipment to the California Department of Forestry and Fire Protection (Cal Fire) p...

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...