Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...

Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...

Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...

Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...

Excerpt: ...quest by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit "A". The Plaintiff has performed all conditions precedent to bringing this action orthe same have been waived by the ...

Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...

Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...

Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...e of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration (AAA), and for a stay of the action pending arbitration. The moton and supporting papers were served on Defendants' counsel on October 4, 2023; no opposition is on file. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Hey...

Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...

Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...

Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...

Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...

Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin November 13, 2023. Defendant Ezzell now brings a moton to dismiss...

Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...

Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...

Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...

Excerpt: ...pleton Property). On November 22, 2015, Decedent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...

Excerpt: ...rty, (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.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleges that...

Excerpt: ...ract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross-complaint against the City for breach of contract, breach of the implied covenant of gtncl faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. Factual Background First Debarment On December 19, 2017, after a competitive bidding process, the City awarded VLS a contract in the amount of $2,091,486 for the Five Cites...

Excerpt: ...aintiff had filed a PAGA Representative Action (Case No. 21CV-0651) (the PAGA Acton). Plaintiff reports the matter has settled and moves for preliminary approval of the Joint Stipulation of Class Action Settlement (the Agreement). Civ. Proc., S 382; Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the cl...

Excerpt: ...o Plaintiff's First Amended Complaint ("FAC"). Defendants demur to the Third Cause of Acton for Breach of Covenant of Quiet Enjoyment and Fourth Cause of Action for Breach of Implied Warranty of Habitability. Defendants move to strike allegations in paragraphs 1, 21, and 28 of the FAC for punitive damages and the prayer for punitive damages. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. I...

Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...

Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...

Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...

Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...

Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...

Excerpt: ...exhibit is a psychological report of Pe
Ÿ
Ÿoner prepared by Premier Forensic Psychology. The version Þled with the pe
Ÿ
Ÿon has been redacted. An unredacted version has been lodged “Condi
Ÿonally Under Seal” in connec
Ÿon with this mo
Ÿon. “Unless conÞden
Ÿality is required by law, court records are presumed to be open.” (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court, however, may order that a record be Þled under ...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...

Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...

Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....

Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...

Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...

Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...

Excerpt: ... 1994 Trust, the settlor executed a restatement of trust on March 2, 2010 (the 2010 Restated Trust). On February 4, 2020, the petitioners filed a First Amended Pettion alleging wrongdoing by the trustee, Deborah Foster-Swenson2 (Swenson). 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 Petition (the SAP). The 1994 Trust dir...

Excerpt: ...t. Steve, SC8C, and CCV (collectively Defendants) have filed a special and general demurrer to each of the complaint's thirteen causes of action. Plaintiff opposes the demurrer. The demurrer is overruled except for the first and tenth causes of action. The demurrer to the first cause of action is sustained without leave to amend, and the demurrerto the tenth cause of action is sustained with leave to amend. l. Legal Standard A demurrer challenges...

Excerpt: ...d amended complaint. On April 7, 2023, a fourth amended complaint (4thAC) was filed by Crosbie alone (hereinafter, Plaintiff) after Beraud apparently settled her claim with Defendant. (4thAC 3.) Defendant now demurs here to the first, third, and fourth causes of action in Plaintiff's 4thAC. Plaintiff opposes the demurrer.l l. Background Plaintiff is 51 years old and has been working at California Department of State Hospitals - Atascadero as a Re...

Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...

Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...

Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...

Excerpt: ...rmination in violation of public policy, and intentional infliction of emotional distress. Now before the Court is Plaintiff's motion for leave to pseudonymously and for a protective order. There is no proof of service for either the Complaint or the instant motion. l. Background Plaintiff is an undocumented Venezuelan citizen, who was employed by Taste! from November 2022 until April 13, 2023. (Complaint '15.) During her employment interview, Pl...

Excerpt: ...d Fair Dealing and violation of Business and Professions Code section 17200, et seq. Plaintiff seeks damages and equitable relief. According to Plaintiff's Complaint, on or about September 4, 2015 [sic]l , Plaintiff executed a non-negotiable promissory note and a Deed of Trust on his property. On May 23, 2012, Plaintiff suffered a work-related injury. The injuries caused Plaintiff to be unable to continue working as he required multiple surgeries...

Excerpt: ...arbara Lane, presiding) sustained in part 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 asserts causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (A...

Excerpt: ...rsuant to Cade of Civil Procedure section 430.10, (e) and (f). Pearce demurs on the grounds that Plaintiff's claims are barred because he cannot establish publication of any alleged defamatory statement. Plaintiff opposes the demurrer. For the reasons set forth below, the demurrer is sustained without leave to amend. l. Background Plaintiff was employed by Pearce as a cell phone tower maintenance worker from April 2021 until May 3, 2022. (FAC 8.)...

Excerpt: ...h of the covenant of good faith and fair dealing; 4) specific performance; 5) accounting; and 6)-7) declaratory relief. The action arises out of an alleged partnership between Plaintiff and Defendants to purchase and develop property. Plaintiff seeks an order that Jack Ranch transfer two lots of land to Plaintiff or in the alternative he seeks more than in damages. Defendants demur to the first and fifth causes of action pursuant to Code of Civil...

Excerpt: ... cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak Rentals, LLC v. Nevis, 22CV- 0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the complaint to be fraudu...

Excerpt: ...hat the rodents caused significant damage to the Property. On December 16, 2022, the Court granted the motion to strike expert witness designation filed by Defendants OiC Real Estate Services, Inc. (OiC) and Kristenann Murchison (Murchison). In their motion, Defendants argued that the expert designation was not only tardyl but also failed to include a declaration from counsel in support describing the expert witness's areas of expertise. In grant...

Excerpt: ... 2021, Defendants filed their answer. At the same time, Defendants propounded their initial round of discovery on Plaintiff which consisted of form and special interrogatories and requests for production of documents. (Declaration of Christopher J. Mohamed (Mohamed Decl.) 3.) Plaintiff provided responses on September 8, 2021, and on January 25, 2022, Defendants filed their first amended answer to the complaint. On August 15, 2022, Plaintiff's for...

Excerpt: ... work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...

Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...

Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...

Excerpt: ...s owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...

Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...

Excerpt: ...istian's employment and personnel records pursuant to Evidence Code Section 1043 (Pitchess motion). l. Legal Standard Penal Code section 832.7 provides that peace officer personnel records are confidential and shall not be disclosed in any civil proceeding except by discovery pursuant to Evidence Code sectons 1043 through 1047.2 (See also Pen. Code, S 832.8 [defining "personnel records"l.) The Pitchess statutory scheme set forth at Evidence Code ...

Excerpt: ...ers agreed to service of process by registered or certified mail, return receipt requested sent to 751 Higuera Street in San Luis Obispo, California (the Service Address). (Id„ Ex. A [Agt., '150].) Sellers also agreed to "promptly notify" Plaintiff in writing of any change of address. (Ibid.) On August 17, 2021, the Sellers and Plaintiff entered into a second sale and purchase agreement, which contained the same service term and address. (ld., ...

Excerpt: ...ve documents, the responses are not code compliant. (Declaration of Christine Balbo Fenech in support of Defendant's motion ("Fenech Decl.") Exhs. 8 and D.) Plaintiffs did not identify which of the previously prcKluced documents are responsive to each request. Plaintiffs contend that Defendant failed to meet and confer in good faith prior to filing the subject motion. "'[AI reasonable and good faith attempt at informal resolution entails somethin...

Excerpt: ... (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) The history of the efforts by Plaintiff in this case to conduct discovery into what should be a relatively simple and straightforward set of issues the identification and inspection of the equipment that was involved in the inci...

Excerpt: ...f dependent adult abuse and neglect when his dietary requests were denied. On March 25, 2021, Plaintiff filed his third amended complaint (TAC) in which he alleged a single cause of action against DSH-A for violation of Gov. Code section 815.6. Now before the Court is DSH-A's Moton for Summary Judgment. For the reasons set forth below, the motion is granted. Plaintiff's Request for Judicial Notice is granted. However, while the Court can take not...

Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...

Excerpt: ...ttorney Haskell (res judicata) and Judge Foley (immunity) without leave to amend and sustained demurrers as to all other defendants with leave to amend. On July 27, 2023, Plaintiff filed a First Amended Fraud Complaint ("FAC"). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. The 44- page FAC alleges a myriad of facts, statements and thoughts with the word "fraud" interposed throughout and cit...

Excerpt: ...er Beach, CA (“the Property”). If there is a surplus a
Ler payment of the secured obliga
Ÿon, a trustee who does not Þle an interpleader must serve by mail a prescribed no
Ÿce of such surplus on all persons en
Ÿtled to no
Ÿces of default under Civ. Code, § 2924b, subd. (b) and (c). (Civ. Code, § 2924j, subd. (a).) If a conßict between poten
Ÿal claimants exists that the trustee cannot resolve through due diligence, the trustee may, o...

Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...

Excerpt: ...claiming he never agreed to sign an arbitration agreement electronically and did not do 1. Legal Standard The standard for determining a motion to compel arbitration is as follows: On a petition to compel arbitration, the trial court must first determine whether an "agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the petition...

Excerpt: ...s, set two; (2) special interrogatories, set two; (3) requests for production, set two (RFPs); and (4) requests for admission, set one (RFAs). Responses to the discovery were due on February 27, 2023. (Code Civ. Proc., SS 2016.050, 2030.250, 2031.260, 2033.250, 1013 [deadline extended 5 calendar days when served by maill.) At the time of filing these discovery motions (April 3, 2023), Plaintiff had not yet served responses. On September 20, 2023,...

Excerpt: ..."Campbell-Taylor") and Defendant and Cross-Defendant Jesus Morales ("Morales") for general negligence and premises liability. Campbell Taylor and his wife, Paula Campbell-Taylor own the real property where the accident happened and do business as Graveyard Vineyards. ((Morales's Separate Statement of Undisputed Material Facts ("SSUMF"), Fact Nos. 2, 15.) Morales is a tree trimmer and does business as Golden State Tree Service. In July 2016, Campb...

Excerpt: ...ound a home they intended to buy, and decided to obtain the loan in Defendant's name only as her credit was better than Plaintiff's credit. Plaintiff alleges he gave Defendant $17,000 in order to obtain the loan. Plaintiff also alleges he performed renovations on the Property. Plaintiff alleges that Defendant is now the sole owner of property identified as 938 Pecho Street, Morro Bay, CA 93442 with Assessor's Parcel Number: 066-201-037 ("Property...

Excerpt: ...y the Commission. (Administrative Record [AR], 149, '1 2.) On October 29, 2020, Sandy, in her official capacity as Executive Director of the Commission, filed an Accusaton against Petitioner, requesting a hearing on the matters alleged and that the Commission issue a decision revoking Petitioner's teaching credential. (AR 149-156.) An administrative hearing was held October 4-8, 2021, before Administrative Law Judge (ALJ) Chantal M. Sampogna. (AR...

Excerpt: ....). On April 27, 2023, this Court granted preliminary approval of the settlement. Plaintiff has now filed a Motion for Final Approval of Class Acton Settlement. The motion is unopposed. The settlement class consists of "all current and former non-exempt employees who worked for Defendant Holand America Flowers, LLC in California from May 11, 2017 through April 27, 2023 (the "Class Period.")" (Settlement Agreementl 1.) There are 803 Settlement Cla...

Excerpt: ... in the ATV that render it unusable and were not fixed. Before the Court is Custom's demurrer to the Fourth, Fifth, and Sixth Causes of Acton in the SAC and Motion to Strike Paragraph 51, page 12, lines 16-23 and Prayer for Relief (c), page 15, lines 3-4 of the SAC. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. ...

Excerpt: ...On July 21, 2023, Elyon filed a cross-complaint for: 1) foreclosure of mechanic's lien; 2) breach of written contract; and 3) quantum meruit. Elyon alleges that on October 11, 2022, it entered into a Professional Services Agreement under its dba, Schaefer Custom Homes (the Agreement), wherein it agreed to provide Mathias pre- construction services for a luxury custom home to be built on the Property. (X-Compl., '1 4.) Elyon provided pre-construct...

Excerpt: ... the Trust. (Petn., 5.) On November 13, 2018, Petitioner, who is Respondent's sister, filed an action in this Court, case no. 18PR-0258 (the Prior Trust Action) seeking, among other things, to invalidate the seventh amendment to the Trust on the grounds of undue influence. (Petn. 8.) On December 11, 2018, Respondent filed a counter petition to determine validity of trust documents under Probate Code section 17200, subd. (b)(3).) (Petn., '19.) The...

Excerpt: ...is Obispo, and the Planning Commission of the County of San Luis Obispo (the Planning Commission) (collectively Respondents or the County). The Petition alleges seven causes of action: 1) Writ of Mandate for Abuse of Discretion, CCP S 1085 or CCP S 1094.5; 2) Writ of Mandate for Arbitrary and Capric:ious Conduct; 3) Writ of Mandate as Respondents Had No Authority to Deny", 4) Writ of Mandate (CCP S 1094.5) as Respondents' Decision is Not Supporte...

Excerpt: ...leging various wage and hour violations, violations of Business and Professions Code secton 17200, and a PAGA claim. On March 24, 2022, Plaintiff served his first set of special interrogatories (Interrogatories) and first set of requests for production of documents (RPD) on Defendant. As to the Interrogatories, Defendant made several objections but prov-ded no substantive responses. As to the RPDs, Defendant made several objections but prov-ded s...

Excerpt: ...tion for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." Section 338, subdivision (d) is not authority for filing a motion determining whether the delayed discovery rule applies in a case. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[al plaintiff whose complai...

Excerpt: ... of action aga-nst the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiffs allege they invested millions of dollars with Belsher and Wright, which investments have been lost. A court trial is set to begin on October 17, 2023. Now before the Court is Defendants' motion to continue the trial. The motion's focus is Wright's lack of attorney ...

Excerpt: ...fs further allege that Defendant concealed that the transmission had major defects ("Defect"), that Plaintiffs began experiencing problems with the Subject Vehicle and repeatedly took it to be repaired, but the problems were not fixed. 9, 10, 11, 13, 14.) Defendant demurs to the Fourth Cause of Action on the grounds that it is barred by the statute of limitations and fails to allege sufficient facts to state a fraud cause of action. Defendant mov...

Excerpt: ...ber 13, 2020. Plaintiffs alleges that DSI employees failed to cap the gas line when it removed Plaintiffs' old gas dryer, and on July 8, 2021, Plaintiffs' home was substantially destroyed in an explosion and fire. On February 7, 2023, the Court granted Defendants' motion to strike the FAC, in part, on the grounds that Plaintiffs had not alleged any actions that could constitute a "conscious disregard for the safety of others." (ld. at p. 2.) Plai...

Excerpt: ...s perc:ipient witnesses. After the depositions on June 1, 2023, Plaintiff designated 188 non-reta-ned expert witnesses, including the five police department witnesses. (Declaration of John A. Demarest, 3.) Defendant Kayla Myers ("Defendant") noticed their depositions as non-retained experts. Plaintiff filed the subject motions for protective order to bar Defendant from deposing the five witnesses for a second time. Defendant opposes the motions a...

Excerpt: ...arties presented legal theories they previously had not advanced. The Court therefore authorized each party to file a response to the Statement of Decision filed by the other party. The Court issued its proposed Statement of Decision on May 22, 2023, addressing the issues raised in the parties' prodigious filings, including the arguments raised: (1) in the trial briefs; (2) during closing argument; (3) in the pocket briefs addressing the decision...

Excerpt: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flor...

Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...

Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...

Excerpt: ...held a 50% ownership in the Property. The same percentage of ownership was reported on Schedules A, L, and N of Bozner's First and Final Account. The Court approved Bozner's First and Final Account in March 2018, and provided for distribution of that 50% interest in the Property to her. The Court's order further provided that any of Decedent's separate property would be divided 50% to Bozner, and 25% to each of the decedent's sisters.l Neither re...

Excerpt: ...settlement (Filed Stipulation). The Filed Stipulation reported that the parties had entered into a separate stipulation regarding entry of judgment, which set forth the terms of their settlement (Settlement Stipulation). The Court granted the request to retain jurisdiction, and dismissed the action on October 7, 2022. Plaintiff now seeks to set aside the dismissal and have the Court enter judgment pursuant to the Settlement Stipulation. No opposi...

Excerpt: ...y"). In August 2012, Krista Koening ("Koening") and David Kneller leased a portion of the Huasna Property for use as a horse training facility. (Second Amended Complaint "SAC" '17.) In 2016, Koening registered to grow cannabis on the Huasna Property allegedly with the Smiths' knowledge and approval. (SAC 10.) In 2017, Koening and others formed SLOS for the purpose of applying for a cannabis permit to grow cannabis on the Huasna Property. (SAC '11...

Excerpt: ...his action against Defendants for allegedly breaching the Contract and failing to pay for Plaintiff's services. The Contract includes a mandatory arbitration clause, and Plaintiff's counsel acknowledged that the dispute would have to be arbitrated ifthe parties could not reach a settlement. (Complaint, Ex. 1 S 6.2; Amended Declaration of Wesley Bonnheim ("Bonnheim Dec.") '1 7, Ex. 2.)1 On or about February 16, 2023, Plaintiff advised Defendants t...

Excerpt: ...fore the Court is Cotton's motion to quash service of summons. Code of Civil Prmædure section 418.10, subdivision (a)(l) entitles a defendant to file a motion to quash service on the ground of lack of jurisdiction. In response to a motion to quash, the plaintiff has the burden of establishing the facts that demonstrate the court's acquisition of personal jurisdiction over the defendant, including the facts showing effective service of process. (...

Excerpt: ...f Labor Code section 2699(c). Now before the Court is Plaintiff's unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order approving the $600,000 settlement between Plaintiff and Defendant; appointing CPT Group, Inc. as the settlement administrator; granting Plaintiff's attorneys' fees request for $200,000; and providing Plaintiffs counsel reimbursement of $10,490.15 in litigation costs. The PAGA statute provi...

Excerpt: ...ly filed (and then dismissed) complaint did not qualify as "litigation" for purposes of vexatious litigant law. Subsequently, on July 13, 2023, the Court ordered Plaintiff to posta $15,000 bond pursuant to Code of Civil Procedure section 1030. Currently on calendar is Defendant's renewed Mohon to Deem Plaintiff a Vexatious Litigant. (Code Civ. Proc., S 391.1.)1 Plaintiff opposes the motion. The Court grants Defendant's Request for Judicial Notce....

Excerpt: ...inst multiple defendants including Alfred Nevis (Nevis), Makat Investments LLC (Makat) and Corbett AG, LLC (Corbett) (collectively the Nevis Defendants). The Live Oak Action alleges five causes of action for: 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; and 5) declaratory judgment. On that same date, Manji 2514 W, LLC (Manji) filed an action (22CV-0430, the Manji Acton) against multiple def...

Excerpt: ...ts misclassified him as an exempt employee and did not pay him in compliance with the Labor Code. LeMoine alleges that he was terminated in retaliation for raising the issue of unpaid wages and objecting to a deduction in wages for a business loss. Before the Court is Defendants' demurrer to the Sixth, Seventh and Ninth Causes of Action in the FAC and Devries' Motion to Strike paragraph 62 of the FAC. Defendants contend that the Sixth Cause of Ac...

Excerpt: ...with the City of Pismo Beach Police Department ("CPMPD"). (Complaint, p. 2, II. 16-18.) Plaintiff alleges that Defendant failed to timely respond to that request. (Cal. Gov't Code S 6253, subd. (c).) Approximately one week after the deadline to respond had passed, Plaintiff followed up with CPMPD, but the dispatcher could not assist him. (Complaint, pp. 2-3, II. 26-2.) Plaintiff left a message with the Chief's secretary but received no return cal...

Excerpt: ...ection (b) of section 473, the court may relieve a party from a default based on "mistake, inadvertence, surprise, or excusable neglect." Defendant submits a proposed demurrer, motion to strike and answer along with his moton. Plaintiff opposes the motion. Defendant's moton is timely, as it was filed within six months of September 20, 2022, the date the clerk entered default. (Kramerv. Traditional Escrow, Inc. (2020) 55 Cal.App.5th 13, 39 [six- m...

Excerpt: ...ral individuals, including Respondent and moving party Phillip Ralls ("Moving Party"). Settlor died on September 13, 2021. On February 4, 2022, Reina and Marna filed a petition against Moving Party and several other recipients of gifts from Settlor seeking to set aside the gifts and for damages. On September 13, 2022, Moving Party propounded Form Interrogatories, Special Interrogatories and Requests for Production of Documents on Responding Party...

Excerpt: ...ant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq., and under California common law ("Com...

Excerpt: ...-Terrain Vehicles (ATVs) (SAC, 3.) All of the vehicles were owned by Defendants Orchard City RV, LLC (Orchard) and Matthew Gordon (Gordon) (collectively Defendants). (ld., 3.) Orchard is owned and operated by Gordon. (ld., '1 8.) At the time of the incident, Jutla was acting as an agent for Defendants Orchard and Gordon. (ld., 6.) Jut-ila was driving to deliverthe equipment to the California Department of Forestry and Fire Protection (Cal Fire) p...