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: ...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: .... 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: ...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...