Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...

Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...

Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...

Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...

Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...

Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...

Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...

Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...

Excerpt: ...process is essential to establish personal jurisdiction.' [Citation.]” (Kremerman v. White (2021) 71 Cal.App.5th 358, 371.) The statutory procedures for effective service of process are set forth in Code of Civil Procedure section 415.10 et seq. “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such deliv...

Excerpt: ... and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was n...

Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...

Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...

Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...

Excerpt: ...rt and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserted causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (ADA), respondeat superior liability u...

Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...

Excerpt: ... Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Plaintiff's first amended complaint asserts causes of action for (1) breach of contract, (2) conversion, (3) breach of implied contract, (4) unfair competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Now before the Court is Defendants' motion fo...

Excerpt: ...rs. The three plaintiffs are the adult children of Pyong Yun Song (Decedent). On April 13, 2023, Plaintiffs filed a FAC, alleging nine causes of action. Two causes of action are alleged against the State: the eighth cause of action for dangerous condition of public property, and the ninth cause of action for public employee/contractor liability for dangerous condition (a new cause of action in the FAC that was not included in the original compla...

Excerpt: ...d asserted derivative claims on its behalf. Steve and Robert each hold a fifty percent interest in BBC and are the only two directors on the board. Robert now alleges that Steve is attempting to unilaterally transfer BBC's vehicles and equipment (the Fleet) to Steve's solely owned entity, Steve C. Boneso Construction, Inc. (SCBC), dba Boneso Plumbing & Mechanical (BPM). Robert seeks a preliminary injunction prohibiting Steve from transferring ti...

Excerpt: ...e, Plaintiff challenged the validity of ASH's Protocol 30, a policy requiring physician approval before certain patient medications could be crushed to prevent abuse. On August 3, 2021, the Court (Hon. Linda D. Hurst, presiding) granted Defendant's motion for summary judgment on Plaintiff's first cause of action and denied summary adjudication of Plaintiff's second and third causes of action. A court trial was held April 8, 2022 (Hon. Hernaldo J...

Excerpt: ...dants demurred to the FAC1 , and on September 27, 2022, the demurrers were partially overruled and partially sustained without leave to amend. On October 10, 2023, after obtaining leave to amend, Plaintiff filed her Second Amended Complaint (SAC). Defendants now demur to and move to strike portions of the SAC. The SAC alleges an escalating feud between the parties regarding noise issues. Plaintiff opposes the motions. No replies are on file. Co...