Excerpt: ...had been entered earlier that morning. The deadline for Sharianne to file a responsive pleading was Thursday, September 8, 2022. (Code Civ. Proc., SS 412.20(a)(3), 415.10.) The request for entry of default against Michael was denied because his answer was timely filed. (Code Civ. Proc„ S 415.20(a).) Sharianne seeks to set aside her default under Code of Civil Procedure section 473. Under subsection (b) of section 473, the court may relieve a pa...

Excerpt: ...d Parker were served on October 31, 2022, and Weinberg was served on November 3, 2022. (Pl. Decl., 7, 15, 23.)1 The date for production on all three subpoenas was November 18, 2022. (Pl. On November 1, 2022, Jed Hazeltine (Hazeltine), the successor trustee of Trusts B and C informed Sander via email that he was asserting the attorney-client privilege in the documents.2 On November 9, 2022, Weinberg objected to the subpoena served on him. (Pl. Dec...

Excerpt: ...irst Amended Petition alleging wrongdoing by the trustee, Deborah Foster-Swenson (Swenson) .2 Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petiton (the SAP). The 1994 Trust directed that the residual trust estate be divided 50% to Swenson (outright); 25% to Bruce (in a trust with the balance to his children upon his deat...

Excerpt: ...Robert Leslie, at the deposition of Jeff Martin. Mr. Leslie represents Specialty Construction, Inc. (Specialty), and Mr. Martin is Specialty's senior vice president. Specifically, Moving Parties seek an order: 1. Precluding Specialtvs counsel from making speaking objections or coaching witnesses on the record; 2. Precluding Specialty's counsel from making personal attacks against opposing counsel during depositions; 3. Requiring the parties to me...

Excerpt: ... large tree branch fell on him while he was working on a property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is Covelop's motion for good faith settlement. Also on calendar is cross- defendant Box Kite Barnyard, Inc. (Doe 2)'s (BKB) motion for judgment on the pleadings as to Bunyon's cross-comp...

Excerpt: ...n San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is cross-defendant RRM Design Group (Doe 3)'s (RRM) demurrer to Bunyon's cross-complaint. l. RRM's Demurrer RRM demurs to Bunyon's cross-complaint as follows: 1) The cross-complaint and each cause of achon therein as to RRM pursuant to Code of Civil Pro...

Excerpt: ...f refused Defendant's requestfor an extension of time within which to serve responses, and Defendant served an objection only response. Plaintiff's counsel engaged in an effort to meet and confer, which Defendant argues was not in good faith. While Plaintiff gave Defendant a very short deadline (about 12 hours) to agree to a discovery conference or the subject moton would be filed, Plaintiff's counsel had already provided a detailed explanation c...

Excerpt: ... of Civil Procedure section 2023.040. Defendants contend that Plaintiffs served a non-complaint Supplemental Designation of Experts that included admissions that it was intended as a placeholder. Defendants seek an order striking the supplemental designation, a sanction order prohibiting introduction of expert testimony by Plaintiffs at trial (aside from rebuttal testimony) and monetary sanctions against counsel for Plaintiffs payable to Defendan...

Excerpt: ...l Defendant to prov-de further discovery responses and to have requests for admissions deemed admitted. No opposition has been filed. The specific discovery at issues is as follows: 1. Plaintiff's Form Interrogatories, Set One, ("Form Interrogatories") interrogatory numbers 2.1, 2.2, 2.3, 2.5, 2.5, 2.7, 2.8, 2.9, 2.10, 17.1, 50.1, and 50.6; 2. Plaintiff's Special Interrogatories, Set One, ("Special Interrogatories") interrogatory numbers 5 and 6;...

Excerpt: ...assaulted her while giving her a massage. When questioned by Defendant, Denneen admitted Plaintiff's allegations and was fired. Denneen had worked for Defendant for fifteen years and three customers had complained about Denneen's odd behavior. Plaintiff alleges that Defendant knew or should have known of Denneen's propensity to act inappropriately, and to commit acts of sexual misconduct but breached its duty of care to warn and protect its patro...

Excerpt: ....98, plus interest, costs, and fees. Local Rule 25.02 provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 provides as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation o...

Excerpt: ...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 a writ of mandamus pursuant to Code of Ci...

Excerpt: ...ting that the Court remove Matthew as Trustee for, among other things, breach of trust. Petitoner also requests the Court remove Jennifer as Matthew's successor trustee. On March 8, 2023 a Stipulation and Order was filed agreeing to specific affirmative defenses. Now before the Court is Petitioner's motion to quash two business records subpoenas for her medical records. l. Background Petitioner is the beneficiary of the Denise Solters Special Nee...

Excerpt: ... that it is a partnership. The complaint is signed by a partner. The Defendants have provided a lengthy recitaton of the facts giving rise to their motion, including the fact of a related case in which Defendants are suing Plaintiff. (Related Case No. 23CVP-0130 — Jerome Zalusky dba Uncle Ed's Outfitters, et al v. Plaza de Pueblo, et al.) Now before the Court is the Defendants' moton to quash the summons and complaint. For purposes of this limi...

Excerpt: ...anty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Linane also alleges GM knew that the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Lemon Law. Linane served GM with Plaintiff's Requests for Production of Documents, Set One ("RPD"), and GM timely served Linane with responses. GM objected to all 89 of the requests and agreed to...

Excerpt: ... of Business & Professions Code secton 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 reconstruction. (4AC, 14.) In October 2018, Dr. Chalekson performed a second surgery to remove torn mesh and repair a hernia. (ld. at q 36.) Plaintiff...

Excerpt: ...s Obisipo County ("Property") from Developer. The Property was a new construction project, and the sale was completed on April 27, 2018. Plaintiffs allege that the Property began to manifest observable damages after the close of escrow and within one year of being completed, and further allege that the same damages have appeared in each of the homes in the same layout built by Contractor. Plaintiffs allege the Property fails to comply with multip...

Excerpt: ...ess. Defendant demurred to the complaint, and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (FAC) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of consent; and 4) reckless ...

Excerpt: ...ugust 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal (the Mohon to Vacate), which was opposed by Petitoner. The Court denied the motion to vacate the dismissal. Petitioner now moves for sanctons against Respondent under Code of Civil Procedure section 128.7, subdivisions (b) (1-3).1 Code of Civil Procedure section 128.7, subdivisions (b) provides that: (b) By presenting to the court...

Excerpt: ...ion, breach of fiduciary duty, and elder abuse. 80th defendants reside in San Diego County. The complaint alleges that venue is proper in this County because a substantial portion of the acts and omissions complained about occurred in this County. (Cmp., 7, 8.) Ditty seeks to transfer venue to San Diego County Superior Court (North County Division) pursuant to Code of Civil Procedure sections 395(a) and 396(a). 1 Picozzi has filed a joinder to th...

Excerpt: ...g as an agent for Defendants [Gordon] and [Orchardl and was working and driving in the Trinity County area" when the accident occurred. (FAC, 4.) Jut-ila alleges she was delivering vehicles and equipment to the California Department of Forestry and Fire Protection ("Cal Fire") for Defendants and their benefit, pursuant to a contract between Orchard and the USCA Forest Service. (FAC, 3,14, 15.) Jutla alleges that at the time of the accident she "h...

Excerpt: ...alleges that defects and nonconformities appeared within the applicable express warranty period, including the engine. (ld., '1 16.) Plaintiff brought the Vehicle into an authorized Ford repair facility but after numerous attempts, the repairs were not able to be made to the applicable express warranty. (ld., 19.) Plaintiff alleges that under the Song-Beverly Act, Ford had an affirmative duty to promptly offer to repurchase or replace the Vehicle...

Excerpt: ...ll, 2021, and that the prior owners of the Property ("the Durands") entered into three separate agreements with Defendant as follows: A Grant of Easement recorded August 9, 2000, which states that Defendant is granted "those appurtenant non-exclusive easements ("the easement area") located in Tract 1599, ." for the purposes of water well sites, including ingress and egress to install and maintain wells and their accompanying equipment ("2000 Ease...

Excerpt: ...nder), John Robinson (Robinson), and Joseph Seither (Seither).l The individual defendants are members of the EHHOA board, and are named as defendants in the complaint's first and fifth causes of action (breach of fiduciary duty and gross negligence, respectively). Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo, California. The parties' dispute concerns Pla...

Excerpt: ...horses, other farm animals and farming operations on Petitioner's Property. On November 14, 2022, Petitioner filed an application with the Department of Fish Wildlife for an emergency permit allowing her to install a temporary, prefabricated bridge across the Creek in an area outside the Access Road. The Department of Fish Wildlife allows for work to be conducted on an emergency basis with the determination of whether an emergency exists being ma...