Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...

Excerpt: ...ritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) Trial is set for July 29, 2019. Now before the Court are two motions filed by the Port: (1) Motion for Judgment on the Pleadings; and (2) Motion to Bifurcate. Motion for Judgm...

Excerpt: ...aded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurs here to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan. McKiernan's demurrer was served on Plaintiff at his address of record but no opp...

Excerpt: ...n's physical education and wrestling instructor. Plaintiff's lawsuit centers around Defendant's accusations against Plaintiff, including that Plaintiff bullied, discriminated and retaliated against, and created a hostile work environment for Defendant's son. On or about April 30, 2017, Defendant sent a letter of complaint (Complaint Letter) to the California Commission on Teacher Credentialing (the Commission) regarding Plaintiff. This lawsuit fo...

Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...

Excerpt: ...although a summons is on file, there is no indication that either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the court. The proof of service attached to the CMC statement indicates that it was mailed to this court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff filed the following: ‐ “Mot...

Excerpt: ...d Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...

Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...

Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...

Excerpt: ...ta. Now, before the Court are the following motions brought by Dr. Wogu: (1) Motion to compel responses to form interrogatories and for sanctions; and (2) Motion to compel responses to request for production of documents and for sanctions. No opposition is on file from Plaintiff. On January 28, 2019, Dr. Wogu served form interrogatories and requests for production on Plaintiff. To date, Plaintiff has not responded to either the interrogatories or...

Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...

Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...

Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...

Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...

Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. Plaintiff has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the burden of showing that there is no defense to...

Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...

Excerpt: ...endant”) and Compass Holding, Inc., alleging elder abuse and wrongful death. Now, before the Court are five discovery motions and a motion for summary adjudication, all filed by Plaintiffs. Motions to Compel Further Responses to Special Interrogatories, Form Interrogatories and Requests for Admission Plaintiff served Request for Admissions, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, on Defendant on October 24,...

Excerpt: ...ber 10, 2018, alleging (1) fraudulent concealment; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) professional negligence; (6) negligent misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair dealing; and (9) specific performance. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles, on Kleck Road. On June 23,...

Excerpt: .... Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitra...

Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...

Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...

Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...

Excerpt: ... James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...

Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...

Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...

Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...

Excerpt: ...and counseling in connection with his drug addiction. On the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. This occurred at the Starr Defendants' office located at 1320 Van Beurden Drive, Suite 103, in Los Osos (the Subject Property). (Undisputed Material Fact [UMF] 2.) The Starr Defendants then encouraged Alexander to stay at the Subject Property and...

Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...

Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...

Excerpt: ...ent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Pl...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff 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”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...

Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...

Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...

Excerpt: ...cted that a warrant be issued for Ms. Bagley's arrest. On May 1, 2018, notice of the forfeiture was sent to ABC's agent and its surety, Lexington National Insurance Company (Lexington). This notice informed ABC's agent and Lexington that the forfeiture would become absolute on November 2, 2018, following the 180‐day statutory timeframe outlined in Penal Code section 1305. On December 10, 2018, after the 180‐day period ran, this Court entered ...

Excerpt: ...ff subsequently passed away on November 25, 2018. Under Code of Civil Procedure section 377.21, “[a] pending action or proceeding does not abate by the death of a party if the cause of action survives.” The parties have not addressed whether the causes of action alleged in the complaint survive Plaintiff's death. If so, then either the decedent's successor in interest or the personal representative may seek (via motion) to be substituted in f...

Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or additional wages in lieu thereof; (5) Failure to i...

Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...

Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...

Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron...

Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...

Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...

Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...

Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...

Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...

Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...