Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...

Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...

Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...

Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...

Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...

Excerpt: ...mplaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...

Excerpt: ... non‐exempt piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) un...

Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...

Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...

Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...

Excerpt: ...Fears”) are David Fear's children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September 28, 2017, and named the City of Exeter and its police department (the “City”) as defendants.1 Plaintiffs allege the City and two of its employees were negligent in selling one of the dogs from the City's K‐9 unit to its handler, who then left the City's employment. On February 28, 2018, Plaintiffs filed a se...

Excerpt: ...ookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The criminal complaint was filed on February...

Excerpt: ...h her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The cri...

Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...

Excerpt: ...ervatee's motion for a new trial on Michalle's petition for appointment of a temporary conservator of the Estate of Diane McCoy. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a new trial may be awarded where there is “newly discovered evidence, material for the party making the application, which ...

Excerpt: ...eges that after assuming the running of the Business, the revenue was not that as indicated in the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc. (“Seller”), SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch, and Karen Hosch. The first five causes of action are alleged against all Defendants, and t...

Excerpt: ...o Code of Civil Procedure section 473.5, on the grounds of lack of actual notice of the proceedings in time to defend. Pinnacle opposes the motion. Wek declares that he was not in the country at the time that Plaintiff filed suit, that he had no knowledge of the case due to the inability to be served, and that he was living in a foreign country from 2009 to 2017. Defendant provides no further details as to where he was living, the precise dates, ...

Excerpt: ...ld administer the trust.” Petitioner is particularly concerned about two amendments to the Trust; the Second Amendment and Third Amendment. Thomas K. Thompson (Objector), one of the Thompsons' children, is a Trust beneficiary and filed an objection to the petition. Now before the Court is Petitioner's motion for summary judgment or, in the alternative, summary adjudication. The motion is unopposed. Legal Authority. “The purpose of a summary j...

Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...

Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...

Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...

Excerpt: ...ks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”). Borja now moves on a preliminary basis to (1) remove Trustee and appoint a licensed private fiduciary in her place or, in the alternative, and (2) enjoin Trustee from distributing, disbursing, or selling any income or princi...

Excerpt: ...6, 1996 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relie...

Excerpt: ...ted that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse, and wrongful death. Plaintiffs allege that in December 2014 their father, Mauricio Cardenas, was a resident of the Manse on Marsh, and that Defendants, who owned the Manse, failed to use ordinary care in the management...

Excerpt: ...s causes of action for (1) wrongful termination on the basis of disability in violation of the Fair Employment and Housing Act (FEHA); (2) failure to reasonably accommodate disability in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; and (4) failure to prevent discrimination in violation of the FEHA. Now before the Court is Defendants' motion for summary judgment or summary adjudication of the is...

Excerpt: ... and delivery, and (6) ejectment. Plaintiffs' lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, including “Su...

Excerpt: ...nt.1 The matter has been pending since that time. On December 27, 2019, Melanie served on Kevin2 (1) form interrogatories, set one; (2) requests for production, set one (“RFPs”); and (3) requests for admission, set one (“RFAs”). (Schroeder Decl., ¶ 2.) Because the discovery was personally served, Kevin had until January 26, 2020 to respond. (Code Civ. Proc., §§ 2030.260, 2031.260, 2033.250, 2016.050 [§ 1013 applies].) On January 21, 2...

Excerpt: ...identify the inclusive dates of the pay period. The parties have now settled, and Plaintiff moves for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiff served the motion and supporting documents on Defendant; no opposition or objection was filed. Plaintiff's motion seeks an order: 1) Preliminarily approving the Stipulation and Settlement of Class Action Claims (“Settlement Agreement” or “Joint...

Excerpt: ...plaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi's ve...

Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...

Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...

Excerpt: ...r about June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alle...

Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...

Excerpt: ...ol business property located in Templeton. An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer fi...

Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...

Excerpt: ...take six to seven weeks. On March 16, 2020, the Court suspended the trial due to the coronavirus pandemic. Thereafter, the jury completed a questionnaire regarding their availability to continue to serve as jurors in light of the pandemic. Several jurors, and all the alternate jurors, were no longer able to serve due to the pandemic. On June 25, 2020, the Court declared a mistrial. A jury trial is now set to begin on March 8, 2021, and is anticip...

Excerpt: ...n for (1) breach of contract, (2) declaratory relief, and (3) unjust enrichment. The parties' dispute relates to their written agreement to open and market a new Allstate Insurance Agency. Now before the Court are two motions filed by Plaintiff/Cross‐Defendant: (1) motion for terminating sanctions for refusal to comply with discovery orders; and (2) motion for an order establishing admissions and for sanctions. The Court is not in receipt of De...

Excerpt: ...1, C, and C1 (the “Project”). The Project is a pipeline located in San Luis Obispo County that carries water from Lake Nacimiento to various public agencies. The District is the owner of the Project and Teichert was the District's general contractor. Teichert's portion of the Project involved installation of pipeline crossings underneath the Nacimiento and the Salinas Rivers. The Project was completed in 2010, and the complaint alleges that i...

Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...

Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...

Excerpt: ...rchase of real property in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining Defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...

Excerpt: ...il Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related t...

Excerpt: ... served with the summons and complaint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plainti...

Excerpt: ...Gustin”; collectively with Haagensen “Plaintiffs”) filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Both complaints allege that Nielson, who owns a gymnastics training center, made defamatory statements about Plaintiffs at the Center and the gymnastics community at large. Gustin, a gymnastics coach and owner of a gymnastics team, alleges Nielson engaged in ...

Excerpt: ...r supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City's motion for prejudgment possession. The Court did not sign the proposed orde...

Excerpt: ...he Note, the most recent of which was executed in 2015. On May 15, 2018, the Court issued a Right to Attach Order in favor of Plaintiff and against Mr. Takken in the amount of $598,487.52. The order covered all of Mr. Takken's interests in real and personal property as listed in Code of Civil Procedure section 487.010(c), including his interest in Takken Investment Properties, LLC (the LLC). A Writ of Attachment was issued on July 3, 2018, specif...

Excerpt: ...iled a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action). The Landry was part of a tour gr...

Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...

Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...

Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...