Excerpt: ...aint 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. Plaintiff moves pursuant to Code of Civil...

Excerpt: ...he custody of the California Department of Corrections and Rehabilitation (the “CDCR”). The State of California, acting by and through the CDCR (the “State”), demurred to the causes of action alleged against it in the FAC. The Court found that the only causes of action pleaded against the State was the first cause of action for negligence and a violation of Government Code section 845.6, and as to that cause of action the Court sustained ...

Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...

Excerpt: ...n; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. Now before the Court is Defendants' motion to compel arbitration. Legal Authority. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1...

Excerpt: ...rta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe...

Excerpt: ...vivor's trust, a marital trust, and an exemption trust. Marcia remained the sole trustee until replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Family Trust has been subject to ongoing litigation (case number PR13‐0085),2 including a pe...

Excerpt: ...4) intentional infliction of emotional distress. Plaintiff alleges that he is an imam, and past visitor at the California Men's Colony (CMC) prison facility in San Luis Obispo County. Plaintiff alleges that Defendants have conspired to label him as an “ex‐convict” in order to prevent his visits with various inmates at CMC. Plaintiff alleges his reputation has suffered as a result. Now before the Court is a demurrer filed by CDCR and Ms. Gas...

Excerpt: ...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' motion to compel further written responses to...

Excerpt: ...denial of Plaintiff's claim insurance claim for losses sustained in a burglary. Defendant now moves for summary judgment as to the complaint or, in the alternative, summary adjudication of 1) Plaintiff's first cause of action for breach of contract; 2) Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing, and 3) Plaintiff's prayer for punitive damages. Plaintiff opposes the motion. Plaintiff owns a ...

Excerpt: ...(“Urman”) now moves for a determination of good faith settlement between herself and Plaintiff pursuant to Code of Civil Procedure section 877.6(a). In addition to a determination that the settlement between Urman and Patterson has been made in good faith, Urman request an order that the following pleadings be dismissed with prejudice: 1. The First Amended Complaint filed on behalf of Plaintiff as against Urman, on or about June 26, 2019; 2. ...

Excerpt: ... Obispo County. The first on Kiler Canyon Road in Paso Robles and the second on Vine Street in Paso Robles. Plaintiffs filed a first amended complaint on March 14, 2018, which Defendants answered in September 2018. At a settlement conference held on February 21, 2020, the parties reported the matter as settled, stated the settlement on the record, and requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 (...

Excerpt: ...is allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...

Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...

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 ...

Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...

Excerpt: ... Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death, she resigned as trustee, and two of the Settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case No...

Excerpt: ...eements in August 2019. The contracts were executed in Paso Robles, California, but performance was to occur both in Paso Robles and Shelby, Michigan. (Pecharich Decl., ¶¶ 3 ‐6, Ex. 1.) Paragraph 11(B) of the two consulting agreements provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agree...

Excerpt: ...s caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 and to quash a subpoena for production of business records served on North Coast Engineering (“NCE”) (the “Subpoena”), or in the alternative, for a protective order. Pla...

Excerpt: ...d the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, 2020, filed a Second Amended Complaint (“SAC”). The parties met and conferred further but were unable to come to a resolution. The County demurred to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. The County's demurrer was overr...

Excerpt: ...ng‐Beverly Act; (3) violation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. On March 26, 2020, Plaintiff accepted Defendants' Code of Civil Procedure section 998 Offer to Compromise in the amount of $159,968.94 (the 998 Offer). Plaintiff now move...

Excerpt: ...own 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 First Amended Complaint on July 8, 2019, and...

Excerpt: ...pt HVAC technicians. Plaintiffs' second amended complaint (SAC) alleges causes of action for (1) failure to provide rest breaks, (2) failure to provide meal periods, (3) failure to pay all wages earned for all hours worked [at] the correct rates of pay, (4) wage statement penalties, (5) waiting time penalties, (6) failure to indemnify, (7) unfair competition, and (8) civil penalties under the Private Attorneys General Act (PAGA). This action has ...

Excerpt: ...aintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). Plaintiff now brings a motion for appointment of counsel with good cause. Plaintiff has brought such a motion multiple times, and each time has been denied. Plaintiff argues that due to the COVID‐19 pandemic and tha...

Excerpt: ...bout June 2015, Plaintiff and Defendant discussed purchasing a parcel of undeveloped real property (the Property) located at 4210 Ramada Drive, in unincorporated San Luis Obispo County near Templeton. (SAC, ¶ 7.) Plaintiff alleges it was interested in the 20 acres fronting Ramada Drive, and Defendant was interested in the 20 back acres. (Ibid.) Plaintiff alleges the parties agreed Defendant would purchase the Property and grant Plaintiff an excl...

Excerpt: ...re sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant's counsel of record, but no opposition was filed. Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10. Plaintiff's motion includes a de...

Excerpt: ...nd the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to leaving his employment with the City of Exeter, Geiger purchased Neo from the city and moved to Grover Beach, California. On September 28, 2017, the Fears and Long (collectively, “Plaintiffs”) filed this action against Geiger, Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter (the “City”...

Excerpt: ...an uninsured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served v...

Excerpt: ...s out of a July 17, 2017, wildfire started as a result of roadwork 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 and asserting causes of...

Excerpt: ...Harmon‐ Perry”) (collectively “Defendants”). Natale's notice of motion further requests monetary sanctions. Defendants oppose the motion. Natale first noticed the depositions of Wolkoff and Harmon‐Perry on September 4, 2019, to take place on October 4, 2019. (Karen Decl., ¶ 2; Exh. 1.) On February 18, 2020, Natale served amended deposition notices continuing Wolkoff's deposition to April 14, 2020, and Harmon‐ Perry's deposition to Ap...

Excerpt: ...or (aged 14 months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. Defendant answered the complaint on November 20, 2019.2 Currently, before the Court is Plaintiff's request for leave to file a first amended complaint (“FAC”), to include a claim for punitive damages. Plaintiff states that during discovery she discovered new facts showing that Defendant acted with conscious disregard for the minor's s...

Excerpt: ...d against Wilmington Trust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set a...

Excerpt: ...2019, the Court issued its proposed statement of decision. On January 7, 2020, both Plaintiff and Forster‐Gill, Inc. filed objections to the tentative statement of decision. After review, on January 21, 2020, this Court issued its final statement of decision (the “Decision”). The Decision awarded Plaintiff a judgment in the total amount of $58,296.39. On January 31, 2020, prior to judgment being entered, Plaintiff filed a motion to correct ...

Excerpt: ... forth thirteen causes of action and explains a business venture gone sour. Currently on calendar is Plaintiffs' request for (1) an order appointing a receiver to take possession, custody, and control of the assets and operations of NHC Grover Beach LLC (“NHC Grover”), Dayspring Farms Cultivation LLC (“Dayspring Cultivation”), and Natural Healing Center LLC (“NHC”; collectively, the “Companies”); and (2) issuance of a preliminary ...

Excerpt: ...ado Homeless Shelter (the Shelter) in San Luis Obispo, and Mr. Bartholomew, a Shelter employee, approached Plaintiff at Ms. Gomez's directive to assist. (Compl., ¶¶ 13, 14.) Plaintiff further alleges that, after he helped Plaintiff jump start her vehicle, Mr. Bartholomew backed up in his truck as Plaintiff walked behind it, running over her legs and causing her to suffer a massive subdural hematoma, severe swelling of the brain, edema, sepsis, ...

Excerpt: ...ses of action under the Labor Code, Business and Professions Doe sections 17200, et seq., and the Private Attorneys General Act (Labor Code sections 2698, et seq.). The parties mediated this action and subsequently Plaintiff's counsel, David Spurr, and Defendants' counsel executed a Memorandum of Understanding resulting from a mediator's proposal. (Perry Decl., ¶ 4; Exh. A.) Plaintiff and Defendants thereafter executed a Class Action Settlement ...

Excerpt: ...ureds' property in Creston, California, which caused a fire and damage to Plaintiff's insureds' property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds' rights to pursue the responsible parties for causing the loss, up to the amount paid. Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint...

Excerpt: ...t granted Plaintiff's motion to compel Defendant to produce documents and things, including production of the jewelry at issue. The Court ordered Defendant to produce documents and things and pay sanctions to Plaintiff's counsel on or before March 7, 2020. Defendant apparently failed to comply with the March 7, 2020 deadline. Now before the Court is a motion from Plaintiff stylized as a “motion for discovery sanctions including entry of default...

Excerpt: ..., 2018 accident wherein their son, Jordan Grant, was riding his motorcycle on U.S. Route 101 when a car turned in front of him from El Campo Road, colliding with and killing him. Now before the Court is the State's motion for an order permitting the release of photographs of the decedent taken by the San Luis Obispo County Sheriff‐Coroner's Office. As outlined in the State's motion, Senior Deputy Coroner for the County Sheriff‐Coroner's Offic...

Excerpt: ... now moves pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed First Amended Complaint, attached as an exhibit to the motion (the “FAC”), to include allegations and a prayer for punitive damages against Defendant. Plaintiff served her motion on Defendant, but no opposition was filed. Plaintiff argues that she discovered new facts during discovery confirming that Defendant knew that his donkey was a threat to animal...

Excerpt: ...ioners”) filed a petition to determine ownership of the stocks under Probate Code section 850.1 Petitioners named Decedent's daughter, Ginamarie Andreoli (“Respondent”), as the respondent.2 Respondent is the executor of Decedent's estate, and has been serving in that role since testamentary letters were issued to her on February 5, 2019. On March 19, 2020, Petitioner filed a counterpetition stating claims for financial abuse and fraud, and ...

Excerpt: ... trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Settlor Sylvia June Asavis (June1 ) died on January 17, 2019, at the age of 79. June had no children. She was predeceased by Louis Asavis, her husband of 30 years, in 2019. J...

Excerpt: ...aintiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff filed two...

Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...

Excerpt: ...f 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 “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 La...

Excerpt: ...fliction of emotional distress. The dispute arises from Markson's conduct as counsel for defendant in Arthur Mogilefsky v. Panda Express (20LC‐0018), which was filed in this Court on January 6, 2020 (the “Underlying Action”). The FAC alleges that Markson represented Panda Express; and Plaintiff states that Lickerman was in‐house counsel for Panda Express (Opp., p. 2, ll. 27‐28) working with and supervising Markson (FAC, ¶ 12). Accordin...

Excerpt: ...erating the Business, the revenue generated did not compare to 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., SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch and Karen Hosch. The first five causes of action are alleged against all defendants, and the sixth cause of action for rescission is alleg...

Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...

Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...

Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...