Excerpt: ....; Rajan Patel, M.D.; and Radiology Associates. Plaintiffs allege causes of action for medical negligence and loss of consortium. Now before the Court is Scott Bisheff, M.D.'s motion for summary judgment. Plaintiffs have filed a notice of non‐opposition. Legal Authority As the moving party, the defendant has the initial burden to make a prima facie showing that there are no triable issues of material fact and that he is entitled to a judgment a...

Excerpt: ... and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Henry J. Bongiovi, Esq. (Declaration of Matthew K. Moen (“Moen Decl.”) ¶ 15.) Now before the Court is the unopposed motion for preliminary approval of the Class Action Settlement (CAS), wherein Plaintiff reque...

Excerpt: ...nant. On October 8, 2021, Plaintiff filed a second amended complaint (“SAC”). Currently before the Court is Knudson's demurrer to the SAC. This is the third demurrer to the interpleader cause of action. For the reasons set forth below, the demurrer is sustained without leave to amend. The SAC alleges that Plaintiff and Knudson were shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a f...

Excerpt: ...s for necessary expenditures or losses, and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Jeffrey Krivis. (Declaration of Stan S. Mallison (“Mallison Decl.”) ¶ 16.) Now before the Court is the unopposed motion ...

Excerpt: ...to compel arbitration. The arbitration agreement is found in The Consumer Credit Card Customer Agreement and Disclosure entered into by the parties (“Contract”). (Declaration of Claudia Gavrilescu (“Gavrilescu Dec.”), ¶ 2; Ex. A.) Wells Fargo does not oppose the motion to compel arbitration but asserts that, pursuant to the terms of the arbitration agreement, Cornelius is the only party that can initiate the arbitration proceedings. Corn...

Excerpt: ...f and the People of the State of California for (1) violation of the California Insurance Frauds Prevention Act, Insurance Code section 1871.7; (2) fraud and intentional deceit; (3) negligent misrepresentation; (4) violation of the California Unfair Competition Law; and (5) breach of contract. The complaint was filed in camera under seal pursuant to Insurance Code section 1871.7, subdivision (e)(2), and was ordered unsealed on November 13, 2018. ...

Excerpt: ...”) re sanctions, and finally, an OSC re dismissal. Plaintiff now moves pursuant to Code of Civil Procedure section 473(b) to set aside the dismissal on the grounds of mistake, inadvertence, surprise or excusable neglect the motion is supported by its counsel's affidavit of fault. Pursuant to Code of Civil Procedure section 473(b), the Court shall, whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...egan when the Grays, who were guests of the Hickeys, negligently placed combustible material in the property's broiler and turned on the oven to cook. (Complaint (“Compl.”), p. 4.) Allstate insured Pangelinan and paid out $81,425.14 to him. (Id., pp. 4‐5.) On February 1, 2021, the Grays filed a cross‐complaint against Allstate, the Baycliff Village Homeowners Association, Henry Pangelinan, Florence Pangelinan, and Travelers Casualty Insur...

Excerpt: ...7 special interrogatories. Plaintiff's declaration of necessity states this number of interrogatories is warranted because of: (1) The complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; and, (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, in...

Excerpt: ...ice; and 8) exemplary and punitive damages. Defendant demurs to the complaint. I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30, subd. (a).) “The facts alleged in the pleading are deemed to be true, however improbable they may be.” (Berg & Berg Enterprises, LLC v. B...

Excerpt: ... Ex. A.) Lein is a beneficiary of the Trust. The remaining settlor, John Lein, died in 2015. The Trust was terminated in 2020. In 2007, Cyr sent a letter on Lein's behalf to the co‐trustees, addressing numerous concerns. (Comp., Ex. B.) In 2008, Cyr prepared a petition on Lein's behalf, seeking removal of the co‐ trustees and other relief. (Comp., Ex. C.) The petition was not filed with the Court. In 2015, Cyr filed a brief on behalf of Lein'...

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants and declined to award any relie...

Excerpt: ... 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants1 and declined to award any relief to Plaintiffs. On August 16, 2021, the Jones Defendants filed their memorandum of costs, seeking to recover $46,700.25 in costs. Now before the Court are two motions to tax the Jones Defendants' costs. The first is filed by Plaintiffs Sandra N. Eddleman and Madelyn Lue Eddleman; the second, by Intervening ...

Excerpt: ...f the Artilla Bonetti Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer parties to the lawsuit. Intervening Plaintiff, Daniel Eddleman (Intervenor), Sandra's estranged husband, joined the lawsuit on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, where...

Excerpt: ...motional distress, (5) negligent infliction of emotional distress, (6) breach of the implied covenant of good faith and fair dealing, (7) failure to prevent violation of the FEHA, (8) failure to furnish itemized wage statements, (9) failure to keep and maintain accurate time records, (10) failure to compensate for missed meal periods, (11) failure to compensate for missed rest breaks, (12) failure to pay overtime, (13) waiting time penalties, (14...

Excerpt: ...fendants' treatment of her late son, Keith Bernard Murphy, II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep appropriate medical records. Now before the Court is the Guimaraes Defendants' motion...

Excerpt: ...easons set forth below, the Court denies the motion. A. Motion for New Trial A motion for new trial seeks a reexamination of one or more issues of fact or law after a trial and decision by a judge or jury. (Code Civ. Proc., §§ 656‐657.) A motion for new trial is statutory and must be based on one or more of the grounds set forth in Code of Civil Procedure section 657. (Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162, 166.) Petitioner arg...

Excerpt: ...g the demurrer to the cause of action for fraudulent concealment with leave to amend, the Court concluded that the allegations in the initial complaint did not meet the heightened standard of a fraud claim, particularly one against a corporate employer. In pleading a fraud claim against a corporate employer, the plaintiff must allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they...

Excerpt: ...nce with Code of Civil Procedure sections 2023.010, 2023,030, 2030.300(d), and 2033.290(d), in the amount of $2,533. Plaintiff opposes the motion. Sierra Vista seeks further supplemental responses to its Special Interrogatories nos. 15‐17, and Requests for Admission (Set #2), nos. 1‐5. On March 31, 20221 , after this motion was filed, Plaintiff served further responses without objections to Special Interrogatories nos. 15‐17, and Requests f...

Excerpt: ...er”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. The parties agreed that bifurc...

Excerpt: ... including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On October 8, 2021, the Court certified the following subclasses: ‐ A meal period subclass (the pre‐2017 Meal Period Subclas...

Excerpt: ...tiff's motion for leave to file an amended complaint. Plaintiff seeks to file a first amended complaint (FAC). “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment...

Excerpt: ...[now deceased], Adam Morales, and Ava Morales). The Trust provides that after the settlor's death, the trust estate is to be distributed in its entirety to Adam Morales (“Respondent”). (Pet., Ex. A [Trust, Art. V, ¶ (B)(1)].) The petition reports that the settlor lived with Respondent in Arizona for the last seven years of her life. (Pet., ¶ 24; see also Pet., Ex. A [Trust, Art. I].) On November 22, 2021, Ava Morales (“Petitioner”) file...

Excerpt: ...whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. The complaint outlines an escalating feud between the parties regarding the noise issues, which resulted in defendant Carlos Martinez Beltran III obtaining a restraining order against Plaintiff in October 2019 (Case No. 19CVP‐0325).3 Plaintiff concedes she was charged with contempt of court for violations of that restraining order. She states she pleaded no c...

Excerpt: ...uding 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 Defendants for breach of fiduciary duty, u...

Excerpt: ...an injury during a visit to Dr. Hixson on July 24, 2019, when Dr. Hixson made an adjustment to Plaintiff's neck area. Plaintiff alleges she only consented to Dr. Hixson's treatment of her lower back and hip area. Plaintiff alleges she never consented to Dr. Hixson's treatment of her neck, which she injured in 2009, and underwent surgery on at some point thereafter before beginning treatment with Dr. Hixson. Plaintiff alleges she has suffered pain...

Excerpt: ...Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Ocean View Manor Apartments in Morro Bay, where Plaintiff is a resident. Plaintiff's first amended complaint (FAC) alleges causes of action for (1) fraud – intentional misrepresentation; and (2) fraud – concealment. Now before the Court are two motions filed by Plaintiff: (1) Consent motion to extend the discovery deadline to compel Defendants' responses to requests for pr...

Excerpt: ...t originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares, with tw...

Excerpt: ...Petitioner filed a petition for instructions related to the same subtrusts. Petitioner filed an amended petition for instructions in August 2020. In the interim, on July 3, 2018, Respondent filed a petition for approval of his second account. Respondent filed a second amended petition in October 2018.1 On May 13, 2021, the Court set the trial on all three petitions for November 30, 2021. (Min. Order, 5/13/21.) The Court confirmed that trial date ...

Excerpt: ...ous women in various rooms of the lodge.'” Plaintiff alleges this statement is false and Defendant knew the statement was false when she made it. Now before the Court are three motions to compel filed by Plaintiff: (1) Motion to compel Sprint to produce business records in response to a validly issued subpoena or, in the alternative, compel Defendant to provide an authorization to obtain the subpoenaed records; (2) Motion to compel Verizon to p...

Excerpt: ... trustee's sale, on September 14, 2021. The FAC alleges the sale to Aminilari is invalid because the statutory safeguards for non‐judicial foreclosure sales were not followed, and because Aminilari misrepresented her intention to use the property as her primary address. Plaintiffs seek to set aside the sale and quiet title to the Property. Prior to Plaintiffs' filing this wrongful foreclosure action, Aminilari had filed an eviction action again...

Excerpt: ...eneral Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was unopposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to ...

Excerpt: ...ts moved to compel responses to the interrogatories and the demands for inspection, to deem the requests for admission to be admitted, for monetary sanctions in connection with each motion ($1,060 for the motion to deem requests admitted, and $910 each for the other two motions, for a total of $2,880), and for terminating sanctions. On March 14, 2022, Plaintiff's counsel filed a declaration explaining that discovery responses were electronically ...

Excerpt: ...rty for a 60‐ month temporary construction easement (the Construction Easement) for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure section 1245.235, the County Board of Supervisors, by a vote of not less than two‐thirds (2/3) of all its members, adopted a Resoluti...

Excerpt: ...es incurred by Plaintiff after entry of this judgment in collecting the amounts awarded herein.” (Id. at ¶ 6.) Plaintiff obtained a sister state judgment in California, on September 11, 2019. (RFJN, Ex. 3.) This Court previously granted Plaintiff's motion for an assignment order assigning it Defendant's commissions earned from his work as an independent contractor at Freedom Equity Group. Plaintiff then moved to recover its attorney's fees and...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ... and motion to strike were filed, Defendants filed this motion for protective order, related to discovery served by Plaintiff. Defendants moved pursuant to Code of Civil Procedure §§ 2030.090, 2031.060 and 2017.020, on the grounds that the discovery causes Defendants unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Specifically, Defendants' motion seeks to stay discovery pending resolution of the demurrer and mo...

Excerpt: ...ntative, Kim Mathis (“Mathis”), retained George Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). On March 20, 2020, Sandra Natali's (“Natali”) counsel (Jonas Bailey) sent Ross a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “Trust Subpoena�...

Excerpt: ...Plaintiff alleges that Defendant operates a chain of KFC restaurants in California, and that Defendant unlawfully denied Plaintiff and other aggrieved employees meal and rest periods, failed to provide accurately itemized wage statements, and failed to timely pay compensation. Now before the Court is Defendant's motion to stay. Analysis. Defendant requests the Court stay this action until the United States Supreme Court issues its decision in Vik...

Excerpt: ...of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages and $212,756.74...

Excerpt: ...work on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County (the “Haley Action”). By agreement of the parties, both actions were transferred ...

Excerpt: ... successors‐in‐ interest to Glenna Lemons (“Glenna”),1 filed their First Amended Complaint (“FAC”). Plaintiffs are the surviving children and spouse of decedent Glenna Lemons. Plaintiffs' FAC alleges five causes of action against Vineyard, for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of patient's rights. Vineyard filed a demurrer to the...

Excerpt: ...Vehicular Recreation Area (“ODSVRA”) with “inadequate staffing and inadequate or no security or patrol; inadequate design and dangerous condition of fabricated elements of ODSVRA, including inadequate or non‐ existent lighting in heavily populated areas where shooting occurred; creating impression of security and adequate patrol; failure to warn of lack of adequate patrol or dangerous conditions, including lack of lighting.” (FAC, pp. 4...

Excerpt: ... subdivision (c)(1), “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” This provision “authorizes the court to make an award of reasonable attorney fees to a prevailing defendant, which will adequately compensate the defendant for the expense of responding to a baseless lawsuit.” (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1423 [citation omitted].) A prevailing ...

Excerpt: ...d as a defendant in the first and second causes of action. Cannon demurs to (1) the first cause of action for negligence on the ground that it fails to state facts sufficient to constitute a negligence claim; (2) the second cause of action for strict product liability on the ground that a strict liability claim may not be stated against a professional; and (3) the entirety of the SAC on the ground it is uncertain. (Code Civ. Proc., § 430.10, sub...

Excerpt: ...February 10, 2021, the Hutkin Firm filed a motion to be relieved as counsel, which was granted on April 1, 2021. The order relieving the Hutkin Firm was entered on April 26, 2021, and notice of entry of the order was served on counsel for Plaintiff as well as two representatives of Raylyn Farms on May 4, 2021. Following the Court's ruling relieving the Hutkin Firm, Morgan J. Good (“Good”), counsel for Plaintiff, had multiple communications wi...

Excerpt: ...�82‐300, which phases out and eliminates off‐ highway vehicle (“OHV”) use at the Oceano Dunes State Vehicle Recreation Area (“ODSVRA”) managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. (“Friends”), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, “EcoLogic”). All four of the petitions seek...

Excerpt: ...er objection in response and also filed a creditor's claim.1 Second Petition for Probate: On December 8, 2020, Ike Iqbal, trustee of Decedent's trust (Trustee), filed a competing petition for appointment as the personal representative of Decedent's estate. The petition reports the probate estate has no assets (presumably, they are all held by Decedent's trust) and that the sole beneficiary of Decedent's trust is his sister, Maninder Kuar. In supp...

Excerpt: ...n 17200, et seq. (the UCL), and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin July 18, 2022. Now before the Court is Defendants' m...

Excerpt: ...August 3, 2020. Trial was continued to April 5, 2021, due to the coronavirus pandemic. Trial was then rescheduled to November 1, 2021, before being continued again at Plaintiff's counsel's request to the current trial date of April 18, 2022. Now before the Court is Defendants' motion for leave to perform a second defense medical examination. Defendants outline the following timeline of events: ‐ Plaintiff sat for her first deposition in July 20...