Excerpt: ... Defendants) seek to quash a subpoena issued by Plaintiffs to Ogden & Fricks, to the extent it involves records subject to the attorney client privilege. Kurkeyerian opposes the motion. Kurkeyerian notes that Defendants did not attempt to meet and confer before filing this motion. Although Defendants' motion fails to cite the statutory authority relied on for the relief sought, the Court assumes it is brought pursuant to Code of Civil Procedure ...

Excerpt: ...Defendant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurred, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the ...

Excerpt: ..., estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased...

Excerpt: ...ices of Defendants to perform medical treatment and services for Plaintiff. On said date, Defendants undertook to handle and control the medical care and treatment of Plaintiff. 14. Defendants failed to use the level of skill, knowledge, and care in the diagnosis and treatment of Plaintiff that other reasonably careful medical practitioners and/or specialists of the same type would use in the same or similar circumstances. Defendants made unreaso...

Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...

Excerpt: ..., 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 Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Defendants' motion to strike Plaintiff's experts, Steven Hamilton, Ph.D.; Murray A. Solomon, M.D.; and Jeff Bruno; or, in the alternative, to limit the experts' testimony to...

Excerpt: ...endant seeks to set aside the judgment. The court GRANTS both motions. Plaintiff's Motion to Set Aside Dismissal “That a court of general jurisdiction has the power to correct clerical error in its judgment so that the judgment will conform to and speak the truth, regardless of the lapse of time and whether made by the clerk, counsel or the court itself, is a principle so established as to be beyond argument.” (Bowden v. Green (1982) 128 Cal....

Excerpt: ...x causes of action for 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This action is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV -0429 as the lead action. Now on calendar is Manji's motion for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FA...

Excerpt: ... including disputing Nielsen's alleged title to the Property. Hobe argued that Nielsen had unduly influenced and wrongfully induced Hobe's mother (Jacqueline Hobe)1 to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter w...

Excerpt: ...d to collectively as “Petitioners.” The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.1 On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten- day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three -year Civil Harassment Restraining Order, set to ...

Excerpt: ... cause of action for accounting and twelfth cause of action for negligent misrepresentation; and (2) OVERRULED on all other grounds. (Code Civ. Proc. § 430.10, subd. (e), (f).) In this case, plaintiffs allege in their first amended complaint thirteen causes of action with over 50 pages of allegations and 40 pages of exhibits arising out of their purchase of a house. Defendants demurrer to all causes of action except the second cause of action. ...

Excerpt: ...ach of quiet enjoyment (Civ. Code, § 1927); (4) private nuisance (Civ. Code, § 3501 et seq.); (5) premises liability (Civ. Code, § 1714); (6) retaliation; (7) negligence; (8) retaliatory eviction; (9) violation of Civil Code section 1940.2; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; (12) violation of Business and Professions Code section 17200 et seq.; and (13) fraud. This lawsuit aris...

Excerpt: ...cation Code sections 44113 and 44114, and Labor Code section 1102.5. On August 10, 2023, the Court (Hon. Rita C. Federman, presiding) sustained Defendants' demurrer with leave to amend. Plaintiff filed a first amended complaint (FAC) on September 13, 2023. Now before the Court is Defendants' demurrer to the FAC. Factual Allegations. In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then- employer,...

Excerpt: ...on, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. The parties' dispute centers around their agreement that, in exchange for his use of Plaintiff's cannabis business licenses and equipment, Poswillo agreed to provide farming services for Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Now before the Co...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ...omplaint against Plaintiff; PRCCC, Inc.; and 1144 Black Oak Associates, LLC (Cross -Defendants). Plaintiff also has a pending cross- complaint against other parties. The parties' dispute centers around their agreement concerning the sale of Plaintiff's restaurant in Paso Robles to Defendant Ayrapetian. Plaintiff asserts one cause of action for breach of contract against Defendant Ayrapetian, alleging Defendant failed to pay the cash purchase pric...

Excerpt: ...ied, operated, controlled, supervised, patrolled, monitored, managed, and maintained a parking lot in Paso Robles. Plaintiff alleges the parking lot included a “posted warning sign1 regarding no overnight camping.” Plaintiff alleges the parking lot was open for use by members of the public including shoppers and pedestrians, like the Plaintiff, using the premises in its normally intended and foreseeable manner for foot traffic and passage. Pl...

Excerpt: ...ng), and judgment was entered in her favor on June 17, 2022. On August 25, 2022, this Court (Hon. Federman, presiding) denied Plaintiff's motion for a protective order and for sanctions. The Court granted the Guimaraes Defendants' request for sanctions in the amount of $6,540. Plaintiff's counsel was ordered to pay that amount to the Guimaraes Defendants on or before September 15, 2022. The Guimaraes Defendants' motion for summary judgment was gr...

Excerpt: ... Drive, Santa Maria, California (the Property) from Defendants Joanie James and the Trust; Cornerstone is alleged to be the real estate agent for the Property. Plaintiffs assert causes of action for negligence, breach of contract, and fraud, alleging Defendants promised to undertake certain repairs to the property, that those repairs were not made, and that Plaintiffs suffered damages as a result. Now before the Court is Defendants' motion to com...

Excerpt: ...Quiky Associates), and Quiky Car Wash, LLC (Quiky LLC; collectively, Defendants). The dispute concerns the sale of substantially all of Quiky Associates' assets to Sun Day Carwash, Inc. (Sun Day). Sun Day is also named as a defendant. The complaint alleges the sale substantially damaged ownership interests in PFH and Defendants had no authority to approve the transaction under the parties' various agreements. Currently before the Court is Defenda...

Excerpt: ...s Court set an Order to Show Cause re: Dismissal for January 9, 2023. This hearing date was later continued on order of the Court to March 1, 2023. Neither party appeared on March 1, 2023. Therefore, on this date, the Court (Hon. Rita Federman, presiding) dismissed the case. Now before the Court is Plaintiff's motion for relief from dismissal. Plaintiff requests the Court set aside the March 1, 2023 dismissal and stay this case pending the outcom...

Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...

Excerpt: ...s proposed project (the Project) to establish up to three acres of outdoor cannabis cultivation within hoop houses and a 10,000-square foot (sf) ancillary processing building on Real Party's 41-acre property located at 8770 Carrisa Highway, Santa Margarita, California 93453 (the Site). (Administrative Record [AR], at AR00055.) A. The Project. Real Party submitted their initial minor use permit application on February 19, 2018. (AR 541.) The Proje...

Excerpt: ...breached its warranty by failing to repair defects in the vehicle within a reasonable number of attempts and refusing to repurchase the Vehicle. Morales served GM with Plainti
¯'s Requests for Production of Documents, Set One (“RFP”), and GM timely served Morales with responses. GM objected to all of the requests and agreed to produce some documents in response to some of the requests “subject to” the objections. Even if the objections w...

Excerpt: ...by Deendant Hyundai Motor America (“Warrantor”). Plainti
¯ alleges both deendants violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) by ailing to repair Vehicle deects. Dealer and Warrantor are represented by the same attorneys and have each Þled a motion to compel arbitration and or stay o this action until the conclusion o arbitration. Warrantor relies on the arbitration provision in the RISC between Plainti...