Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...

Excerpt: ... trustee. 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. Petitioner filed an amended petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...

Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...

Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...

Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...

Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...

Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...

Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it 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 with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...

Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...

Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...

Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...

Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...

Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...

Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...

Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...

Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...

Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...

Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...

Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...

Excerpt: ...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 Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...

Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...

Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...

Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...