Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...

Excerpt: ..., 3) violation of California Business and Professions Code section 17200 et seq., 4) fraud and 5) quiet title. This action arises out of the foreclosure and sales of two properties owned by Plaintiff: Plaintiff's primary residence, located at 775 San Marcos Road, Paso Robles, California (the “San Marcos Property”) and a second property located at 425 Pacific Avenue, Cayucos, California (the “Cayucos Property”). On November 15, 2018, this ...

Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). 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 ...

Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...

Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...

Excerpt: ... 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 to collectively). The first is a larger p...

Excerpt: ...ans”), Francisco Savala (“Savala”), and Saroyin Watkins (“Watkins”), arising out of an accident that occurred on April 20, 2017, near the Cholame “Y” intersection where State Route 46 (“SR 46”) and State Route 41 (“SR 41”) meet. California State Transportation Agency (“CalSTA”) was also named as a Defendant but has since been dismissed with prejudice from the complaint. On June 1, 2018, Savala and Watkins filed a Cross�...

Excerpt: ...ause of action under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Defendant now brings a Motion to Transfer Venue, or in the Alternative, to Compel Arbitration (“Motion”). Plaintiff opposes the Motion. Defendant first moves to transfer venue for this action pursuant to Code of Civil Procedure section 397(a), on the ground that this is not the proper court for trial of this action because venue is not prope...

Excerpt: ...e Civ. Proc., § 2018.030); and (C) thirty‐seven (37) documents referenced by The Tribune which have been produced with redactions. The Court issued instructions with respect to each of these categories, and this hearing was set to address and narrow the issues further. A. Documents Withheld Based on the Official Information Privilege The parties note there are approximately 12 documents currently being withheld based on the official informatio...

Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...

Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...

Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...

Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...

Excerpt: ..., Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to their respective properties f...

Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...

Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...

Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...

Excerpt: ...actory completion of specified terms that were not to be performed within 45 days of the settlement, but that a request for dismissal would be filed no later than December 13, 2018. This Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6, and set the matter for dismissal on January 28, 2019, absent a motion prior to that date. On January 4, 2019, Plaintiff filed this motion pursuant to Code of Civil Procedure section 66...

Excerpt: ...arson”) is liable. Trial is set for February 19, 2019. Defendant has filed a Motion for Leave to Conduct Second Deposition of Plaintiff, and a Motion for Leave to Conduct a Medical Examination of Plaintiff. Plaintiff opposes both motions. Motion for Leave to Conduct a Medical Examination of Plaintiff Defendant moves for leave to conduct a second medical examination of Plaintiff on February 11, 2019, with Dr. Mary Genevieve, a board‐certified ...

Excerpt: ...LaBarre is the Supervising Environmental Health Specialist with the CUPA. Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (EHS), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff B...

Excerpt: ...Judgment was renewed on August 19, 2013. Plaintiff has now received an employment verification showing that Defendant also goes by Yesenia Vela. (Chen Decl., ¶ 9; Exhibit 6.) Plaintiff moves to amend the Judgment to add the name Yesenia Vela to the Judgment, along with Yesenia Yela. Plaintiff asserts that Yesenia Yela and Yesenia Vela are the same individual, and Plaintiff is not adding a new party to the Judgment. A California court may use “...

Excerpt: ...precertification discovery, including form interrogatories, special interrogatories, and Requests for Production (“RFPs”). Paloma provided responses, but Plaintiff argued that some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Mot...

Excerpt: ...dants”).1 Currently on calendar are eight discovery motions. This tentative ruling covers (1) Plaintiffs' Motion to Compel Further Responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado; and (2) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue...

Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...

Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...