Excerpt: ...erson, Deceased v. John Crane, Inc. (Circuit Court of Cook County, Illinois, Case No. 2019‐012850) (the Illinois Action). In the Illinois Action, the plaintiff alleges that the decedent, Bruce Torgerson (“Decedent”), was exposed to asbestos from the acts and omissions of various companies, including John Crane, Inc., the petitioner in the instant action (“Crane”). (Petition p. 2.) Crane contends that Decedent's exposure to asbestos and ...

Excerpt: ...nt on June 28, 2021 (TAC). In May 2022, the Court sustained Scott's demurrer, without leave to amend, as to all the causes of action in which he was named as a defendant in the TAC. Scott filed a Memorandum of Costs on June 8, 2022, in which he seeks total costs of $33,678.92. Plaintiffs move to strike or tax those costs. No opposition has been filed despite proof that the motion was served electronically on Scott's counsel. 2 The Court rules as ...

Excerpt: ...executed Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment in the amount of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Cu...

Excerpt: ...o recover $167,686.23 from Defendant, representing unpaid overtime, meal and rest period premiums, liquidated damages, and penalties. The ODA states: The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court within ten (10) days of service of this do...

Excerpt: ...hysical harm; 5) elder abuse‐financial fraud; 6) conversion; 7) misappropriation of trade secrets, unjust enrichment; 8) false imprisonment; and 9) intentional infliction of emotional distress. Defendants demurred to the complaint and to each cause of action pursuant to Code of Civil Procedure section 430.10(e) on the grounds that they each were barred by the doctrine of res judicata based on a limited civil lawsuit filed by Plaintiff against D...

Excerpt: ...executed a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befo...

Excerpt: ...ace at McLintock's. Plaintiff alleges Breig, who was employed by McLintock's, was one of his assailants. Plaintiff brings causes of action for 1) negligence; 2) premises liability; 3) negligent hiring; and 4) intentional tort.1 Defendant Breig moves for summary judgment on all claims against him. The Court grants Breig's request for judicial notice of the complaint and answer filed in this matter. Breig's evidentiary objections to the declaration...

Excerpt: ... behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. It is unclear whether Defendant failed to send the work in as promised, or whether it is alleged that she took money for the work and did not pay Plaintiff. Now before the Court is Plaintiff's motion to toll the statute of limitations in order to file a complaint and serve Defendant Westphal. Plaintiff states that the statute of limitations on ...

Excerpt: ...veira. Funke‐Bilu served as counsel for Oliveira in a criminal prosecution where Oliveira was charged with felony counts for sexual assault, false imprisonment, and criminal threats. During the course of the underlying criminal matter, Plaintiff alleges that Funke‐Bilu's office subpoenaed medical records directly from Plaintiff's health care providers without notice to Plaintiff. The health care providers supplied a copy of the medical record...

Excerpt: ...hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. Garden Street responded by filing its own cross complaint on O...

Excerpt: ...C) alleging causes of action for negligence and breach of contract. Plaintiffs' lawsuit centers around their purchase of a mobile home located at 3960 South Higuera Street, Unit 178 in San Luis Obispo (the Property). (FAC, ¶ 12.) Plaintiffs allege they purchased this home from Newitt for approximately $213,741.54 on April 29, 2019. (Ibid.) Plaintiffs allege Newitt was represented by Engle of Defendant BHG. (FAC, ¶ 13.) Plaintiffs allege BHG hel...

Excerpt: ...tiff alleges that on this date, a murphy bed in her room was negligently maintained and set up so that a bar was sticking out into a pathway. Plaintiff alleges she tripped over this bar, suffering three pelvic fractures which required hospitalization. Plaintiff alleges she has constant pain, uses a cane, and has sustained medicals of more than $100,000. On May 8, 2020, a registered process server served both Defendants with the summons, complaint...

Excerpt: ... Paul A Flinn Revocable Living Trust, dated May 2, 2012 (“Trust”). Petitioners and Respondents are the children of Paul A. Flinn (“Paul”) and are the successor co‐ trustees of the Trust. However, Respondent's powers as co‐trustee were suspended by this Court on July 19, 2021. Respondent now asks the Court to dismiss the Petition based on forum non conveniens. (Code Civ. Proc., § 418.10(a)(2).) As the moving party, Respondent bears th...

Excerpt: ...is Respondent's motion to dismiss the amended petition. Respondent raises three grounds for dismissal: (1) statute of limitations (Code Civ. Proc., § 366.3); (2) failure to join an indispensable party (Code Civ. Proc., § 389); and (3) failure to prosecute (Code Civ. Proc., § 583.410). Petitioners oppose the motion. Respondent reports that service of Petitioners' opposition was untimely and requests a continuance to address the merits of the op...

Excerpt: ...at on or about December 4, 2018, at approximately 7:00 p.m., Plaintiff was walking towards the elevator at Sierra Vista, when she suddenly and without warning was caused to slip where a clear liquid having the appearance of water had accumulated. As Plaintiff slipped, she fell to the ground landing on both knees and both hands as she tried to break her fall. As a result of the fall, Plaintiff sustained serious bodily injury. (Comp., p. 4, ¶ GN�...

Excerpt: ... the alleged misuse of a business name. Defendants demur to each claim pursuant to Code Civil Procedure sections 430.10(e) and 430.10(f). Defendants have simultaneously filed a Motion to Strike that will be addressed herein. Defendants request judicial notice of multiple exhibits labeled 1‐12. Plaintiffs oppose both motions and the request for judicial notice. I. Background Gavin is the owner and president of Patriot Sportfishing, Inc. dba Morr...

Excerpt: ... before the Court is Defendants' demurrer or in the alternative motion to stay on the grounds that another action is currently pending and that the primary rights doctrine prohibits Kimball from splitting a cause of action and maintaining two separate lawsuits. Defendants allege that Plaintiff only filed the Second Action because the parties could not agree on allowing Plaintiff to file an amended complaint in a different pending action. Plaintif...

Excerpt: ...tiffs' injuries because their father (also named, Andrew McTaggart)1 was killed by Maneely on Defendant's premises. Both McTaggart and Maneely rented storage units at Defendant's facility. Defendant now moves for summary judgment. Defendant's motion raises a single issue, i.e., whether it owed a duty to Plaintiffs' father.2 For the reasons set forth below, the motion is granted. I. STANDARD Summary judgment is proper when there are no triable iss...

Excerpt: ...ers filed a First Amended Petition on March 29, 2022, for (1) invalidation of trust amendment; (2) invalidation of will; (3) to suspend and remove successor trustees; (4) for constructive trust and equitable lien to recover trust property; (5) breach of trust, (6) undue influence, and (7) for an accounting. The Amended Petition seeks damages, special damages, and punitive damages.1 On March 30, 2022, Petitioners filed an Ex Parte Application for ...

Excerpt: ... at property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Plaintiff now moves for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to all three oppositions; Covelop has filed a joinder to the oppositions filed by Ager and Bunyon. Legal Authority. Section 3...

Excerpt: ...for necessary expenditures or losses and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professions Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022 the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement (“Motion”.) The Motion is unopposed. The settlement Class consists of �...

Excerpt: ...y evidentiary hearing, on August 1, 2022, this Court (Hon. Hernaldo J. Baltodano, presiding) issued a ruling in Petitioners' favor, ordering a three‐year civil harassment order against Respondent. On August 23, 2022, Petitioners filed a cost memorandum seeking $7,660.70 in costs. Now before the Court is Respondent's motion to tax costs. Respondent first argues that Petitioners' memorandum of costs is untimely. A memorandum of costs must be serv...

Excerpt: ...tiff alleges that Jefferson is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the Property) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the Fence) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document N...

Excerpt: ..., and specifically a sum of $60,000 rent paid in advance. Plaintiff alleges Defendants misrepresented or concealed various conditions, including that they were subtenants and not authorized to sublease. On May 7, 2021, Plaintiff filed proofs of personal service of the summons, complaint and related documents on Dugan, Eagle Oak and Raylyn Farms. The documents were served by a registered process server on April 5, 2021. No response was filed or se...

Excerpt: ...Laguna Shores‐‐Tract 718 (“CC&Rs”), which was recorded on May 10, 1980, and the Association is regulated by its Articles of Incorporation (“Articles”) and its Amended and Restated Bylaws of Laguna Shores Homeowner's Association (“Bylaws”).1 On July 7, 2022, Petitioner filed a Petition to Reduce the Required Voting Percentages to Amend the CC&Rs (“Petition”), pursuant to Civil Code section 4275. On July 25, 2022, this Court iss...