Excerpt: ...work. Defendants filed a Cross‐Complaint. On April 15, 2019, Plaintiff served form interrogatories (set one) on Brown and on Hefele. On May 7, 2019, Plaintiff served form interrogatories (set two) on Brown and on Hefele, inspection demands (set one) on Brown and on Hefele, and special interrogatories (set one) on Brown and on Hefele1 . Defendants each served their objections and responses to the discovery (including both sets of form interrogat...

Excerpt: ...suant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff's favor in the amount of $4,074,60, representing the unpaid credit card balance and court costs. (Stip., ¶ 1.) The Stipulation further provided that Plaintiff would not request judgment be entered so long as Defendant did not default with a payment plan. (Id. at ¶ 4.) Per the Stipulation, Defendant was required to make payments directly to Plaintiff's cou...

Excerpt: ...ntial building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4‐6.) On April 26, 2019, Defendant filed an answer, denying Plaintiff's allegations. Now, before the Court is Plaintiff's motion to deem the truth of the matters specified in Plaintiff's requests for admission (RFAs) to Defendant admitted, and for sanctions in t...

Excerpt: ...r for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation. Plaintiff argues in opposition that no legal authority supports this petition, and that none of the statutes or rules cited by Defendant authorize the Court to grant Defendant the relief she seeks. Plaintiff further argues that mediation would be futile. The statutes and rules cited by Defendant's motion, Code of Civil Procedure sectio...

Excerpt: ...horized the $6,500 payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requ...

Excerpt: ...il conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove‐up hearing, a default judgment was entered against ZLG on July 15, 2019. ZLG now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473(b) and 473.5. Although not set forth in the caption for their motion, ZLG further argues the judgment should be set aside under section 473(d), as a v...

Excerpt: ... Defendants). Plaintiffs' complaint alleges causes of action1 for (1) intentional interference with contractual relations (by Mr. Letters, Letters, Inc., and WCG), (2) intentional interference with prospective economic advantage, (3) violation of California Business and Professions Code (B&PC) section 17045, and (4) declaratory relief. Plaintiffs allege they are each separate, independent retail services stations with fuel dispensaries who entere...

Excerpt: ...rian Symcox, an individual, filed a second amended complaint (SAC) against RIG, TheClymb, and Does 1 through 15 alleging causes of action for (1) breach of contract, (2) fraudulent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiffs allege that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolv...

Excerpt: ...e at California Men's Colony (CMC). Plaintiff alleges that, on July 2, 2018, the Investigative Service Unit at CMC conducted a contraband search in prison dorm 16 while the inmates were at breakfast. (Pet., p. 1 and Ex. B.) Plaintiff claims that after this search, he discovered that his personal items were scattered, and he was missing items from his locker, identified as a battery charger, 4 AA batteries, 6 AAA batteries, and a book lamp. (Pet.,...

Excerpt: ...st amended complaint filed on October 30, 2019 added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross‐complaint for breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, injunctive relief, declaratory relief, receipt of stolen property, negligence, and unfair competition. Sterling and Ciano Real Estate, Inc. are named as the cross‐defendants. The parties dispute aris...

Excerpt: ...TDG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and a...

Excerpt: ...e the Court is Defendant's motion for attorney's fees. The motion is unopposed. Section 527.6 of the Code of Civil Procedure1 which governs requests for, and issuances of, temporary restraining orders (TROs), was enacted “to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 729‐730, citing Stats.1978, ch...

Excerpt: ...endant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (Compl., p. 4) Plaintiff alleges that Defendant misrepresented the results of Plaintiff's polygraphs, and that Plaintiff has suffered damages and setbacks in his treatment program as a result. Plaintiff seeks compensatory damages in the amount of $2,500,000, punitive damages, costs, and requests that Defendant's license and certif...

Excerpt: ...r stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier ‐CA, LLC (the “Moving Parties”) now seek an order allowing the Petition for Approval of Minor's Compromise to be filed under seal. The Moving Parties argue the proposed petition requires disclosure of the “settlement amount” within a confidential settlement agreement, and that the partie...

Excerpt: ...each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 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. The TAC alleges that with respect to each contract, Eagle improperl...

Excerpt: ... High Ridge Manor, and the other partners, HRM 1, LLC and Lane Yudell (collectively with High Ridge Manor, “Defendants”). The complaint alleges, among other things, that Defendants failed to make the payments required under the partnership agreement. The proofs of service on file indicate that on January 2, 2019, at 7:00 p.m., Lane Yudell was personally served, both in his individual capacity and as the authorized agent for the two entity def...

Excerpt: ...08.5), (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) gender violence (Civ. Code, § 52.4). Plaintiff alleges that on May 11, 2017, she was sexually assaulted by Mr. Edwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulte...

Excerpt: ...efore the Court again on November 30, 2017, when Martell filed a claim of exemption to an earnings withholding order. After reviewing Martell's Financial Statement, the Court ordered her to pay $150 per month starting December 15, 2017. A writ of execution returned on April 16, 2019, reports that Martell has paid $3,962.50 towards the judgment, and that there is $2,580.03 left owing. Simmons now moves for an award of post‐ judgment costs and at...

Excerpt: ...pers for Defendants. Lua worked for Defendants from May 2005 to June 12, 2017, and Guzman from 2014 to May 2017. (Cmp., ¶¶ 13, 14, 22.) Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and seventh causes...

Excerpt: ...n default on rents due from December 2017 through March 2018. Plaintiff was awarded judgment in the net amount of $3,619, and as the prevailing party, was awarded attorney's fees in the amount of $11,831.25, and costs in the amount of $1,015. Defendant timely filed her notice of appeal. On June 25, 2019, the appellate court upheld the judgment of the trial court, finding in Plaintiff's favor. The clerk served the remittitur on July 29, 2019. Plai...

Excerpt: ...ter two small claim actions filed against Goodan were filed on August 2, 2019. Each of these matters is on calendar today for a case management conference. On September 3, 2019, Bella, the Ellises, Goodan, Grief, and the Harmony Ranch Association (the “HRA”) filed this action against the Pelfreys (19CVP‐0288). The dispute arises out of a shared road (easement), known as Harmony Ranch Road, which services six parcels of property. The Pelfrey...

Excerpt: ...omplaint (FAC) adding causes of action under the Private Attorneys General Act (PAGA), and for failure to produce personnel and payroll records upon request. Defendant was served with the FAC and other relevant documents on July 23, 2019. A default was entered against Defendant on September 18, 2019. Now, before the Court is Plaintiff's motion for leave to file a second amended complaint. “The court may, in furtherance of justice, and on any te...

Excerpt: ...d 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”). Since the complaint was filed, the Court has ruled on the Defendants' following motions: • A demurrer by PHA, which was sustained without leave to amend on April 25, 2019, and for which notice of order was served on May 1, 2019; • A demurrer by McK...

Excerpt: ...ium. Plaintiffs' complaint further alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now, before the Court is a motion for summary judgment brought by Dr. Ryan, Mr. Anderson, and Central Coast Che...

Excerpt: ...counting, Remove Trustee, Appoint Successor Trustee, and Compel Redress for Breach of Trust against Respondent Geraldine Lopez Macklin (“Macklin”), Trustee of the Antonette Waiton Family Trust, dated March 7, 2006.1 On December 3, 2018, Petitioners filed their Verified Amended Petition. On January 23, 2019, Macklin was personally served with Petitioners' Request for Production of Documents (Set One) and Petitioners' Requests for Admissions (S...

Excerpt: ...ed by the San Luis Obispo County Department of Planning and Building (the County) to Petitioner, alleging she was engaging in “unlawful cannabis activity” on the Property in violation of the County Code. (Pet., p. 2, ll. 17‐23.) To abate the nuisance, Petitioner alleges she was ordered to destroy all cannabis plants on the Property. (Pet., p. 2, l. 28.) Petitioner alleges that a hearing on the Notice was held June 8, 2018, during which time...

Excerpt: ... payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requests costs of suit...

Excerpt: ...tively with Haagensen “Plaintiffs”) had filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Gustin's complaint sets forth fifteen causes of action. Both complaints allege that Nielson started his own gymnastics training center; and both allege that Nielson made defamatory statements about them individually at the Center and the gymnastics community at large. Gus...

Excerpt: ...rocedure sections 395 and 397, to transfer venue on the grounds that venue in San Luis Obispo County is improper, as Defendant is a resident of Santa Clara County. Plaintiff opposes the motion. Defendant sent correspondence to Plaintiff prior to filing her motion, seeking to have Plaintiff transfer venue. Plaintiff refused. Code of Civil Procedure section 395(a) provides that: [I]f a defendant has contracted to perform an obligation in a particul...

Excerpt: ...At the MSC, the matter settled as to Giordano only. The Court approved the terms of the settlement as cited into the record, ordered the parties to comply with the executory provisions thereof, and ordered the agreed disposition enforceable by motion pursuant to Code of Civil Procedure section 664.6. Giordano agreed to have an automatic deduction from his bank account sent directly into the Plaintiffs' account. (Exh. A, 4:2‐5.) Plaintiffs' coun...

Excerpt: ...2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals issued a 31 page opinion affirming the trial court's fra...

Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...

Excerpt: ...tion. Sterling Pacific seeks leave to allege an eleventh cause of action for fraud against Defendants. The Court may allow the amendment of any pleading at any time before in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., ¶¶ 473(a), 576.) The Court's discretion is to be exercised liberally to permit the amendment of pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion is timely and doe...

Excerpt: ...he Private Attorneys General Act (PAGA), Labor Code section 2698, et seq. On March 21, 2019, this Court granted VSS's motion to compel arbitration as to all of Plaintiff's claims except for her PAGA claim. The Court stayed Plaintiff's PAGA claim pending the arbitration. On July 9, 2019, the parties filed a stipulation indicating that Plaintiff had agreed to dismiss all the causes of action in her complaint, without prejudice, save for her PAGA cl...

Excerpt: ... make a prompt offer to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.2...

Excerpt: ...urchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure1 section 998. Now, before the Court is Defendants' motion to tax Plaintiff's costs. Legal Authority. “[Code of Civil Procedure] section 1033.5, enacted in 1986, codified ...

Excerpt: ...red dollars ($600.00) each month rent for my son BENJAMIN W. MORRIS III direct to his landlord for the life of BENJAMIN W. MORRIS. The trustee shall establish a reserve fund for the rent, and keep sufficient assets in the trust if necessary. This gift shall not be paid during any periods that my son may be incarcerated. Morris filed a Petition for Order Establishing Title to Trust Property on November 5, 2014, alleging that Foster had not complie...

Excerpt: ...e landlord. The Lease included an agreement between the parties regarding the construction of tenant improvements. On July 24, 2019, the Court granted Plaintiff's motion to file a fourth amended complaint (“FAC”) to add causes of action for disgorgement under Business and Professions Code section 7031, and for restitution/injunctive relief under Business and Professions Code section 17200, et seq. The Court adopted its tentative ruling which ...

Excerpt: ...yn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying a fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ 24.) Plaintiffs allege there was a misappropriation of Partnership opportu...

Excerpt: ...erse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendant...

Excerpt: ...rust proceeding. In July, 2019, a few days prior to the hearing on Hoyt's motion, Corral dismissed the civil action. Hoyt initiated this civil action on July 12, 2019, wherein she alleges a single cause of action for financial elder abuse against Corral. Currently on calendar is Corral's demurrer which argues that this civil action and the trust proceeding address the “same cause of action.” On those grounds, she seeks dismissal of this civil...

Excerpt: ...esident, director, and sole shareholder of Paloma Packing, Inc. (“Paloma”). Paloma harvests the crop once it is ready to be shipped and packed. There is an ongoing dispute as to whether Agro‐Jal is a “joint employer” with Paloma. Paloma employees are non‐exempt employees who work in harvest related activities, i.e., packers, stackers, and cutters, as well as crew bosses who supervise the harvesting employees. The crew bosses report to...

Excerpt: ...ed by Oetiker. (See Complaint.) Plaintiff's complaint includes counts for strict products liability, negligence, and breach of warranty. Oetiker now brings a motion for summary judgment pursuant to Code of Civil Procedure section 473c on the grounds that this action is barred as a matter of law under the 10‐year statute of repose within California's Right to Repair Act (the “Act”). Plaintiff opposes the motion. As the moving party, Oetiker ...

Excerpt: ...tract, (2) property damage, and (3) injunctive relief. Plaintiffs' lawsuit centers around real property located at 383 Alder Street in Arroyo Grande (the Subject Property). Plaintiffs and Defendants entered into an agreement to purchase and develop the Subject Property. These development plans were unsuccessful for a variety of reasons, and this lawsuit followed, as well as a cross‐complaint filed by DVR Development Company, LLC; PB Companies, ...

Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...

Excerpt: ...ns real property located at 783 Asilo Street in Arroyo Grande (the Subject Property). Plaintiff alleges that in 2003, Defendants “agreed to gift the Subject Property to Plaintiff if Plaintiff agreed to relocate her family from southern California to Arroyo Grande, CA, so that Plaintiff and her grandchild would be near defendants.” (Compl., ¶ 4.) Plaintiff alleges that she agreed to this proposal, and sold her home in Southern California, qui...

Excerpt: ...r to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.20, consisting of $1...

Excerpt: ...n Kleck Road. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction with the owner of the property. Merrill and Berry were, respectively, the broker and agent negotiating the sale; and represented both the owner and Plaintiffs. Berry also performed earthwork and paving at the construction site in connection with his business Castle Construction, LLC. On July 26, 2019, Plaintiffs f...

Excerpt: ...il (Set One) (the “Interrogatories”), and Request for Production of Documents (Set One) (the “RFPs”). The RFPs contained six requests for production. (Arakawa Decls., Exhs. 1.) On April 17, 2019, Plaintiff mailed a letter to Defendant asking for responses and attempting to meet and confer. (Arakawa Decls., Exhs. 2.) No response to the letter was received, and no responses to the Interrogatories or the RFPs were received. (Arakawa Decls., ...

Excerpt: ...fenses. Now, before the Court is Plaintiff's motion for judgment on the pleadings1 . A plaintiff may move for judgment on the pleadings on the ground that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438(c).) Here, Plaintiff's motion is based on Defendant's answer, wherein she admits al...