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: ...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...

Excerpt: ...nt claims that Plaintiff is not entitled to ownership or possession of the Subject Property. (Ans., ¶¶ 3.k.) Defendant asserts he is the rightful owner of the Subject Property, and that the foreclosure sale at which “Plaintiff purported to purchase and acquire title was conducted by a foreclosure trustee and a foreclosing beneficiary who had no power under or interest in the deed of trust being foreclosed.” (Ans., Attachment 3k.) Defendant ...

Excerpt: ...s, Conditions and Restrictions and Grants and Reservations for Easements and Rights for [the Development]” (the “CC&Rs”), which was recorded on December 19, 1984. In addition, Petitioner is regulated by its Articles of Incorporation filed with the Secretary of State and its Amended and Restated Bylaws (the “Bylaws”). On November 6, 2018, Petitioner filed a verified Petition to Reduce the Required Voting Percentages to Amend the CC&Rs, p...

Excerpt: ...iff served Special Interrogatories, Set One (“Interrogatories”) and Request for Production of Documents, Set One (“RFPs”) (collectively “Discovery”) on Defendant. On August 27, 2018, Plaintiff granted Defendant a two‐week extension to respond to the Discovery, making Defendant's deadline to respond September 19, 2018. (Opposition, Exh. B.) Defendant timely served responses, containing only objections, to both the Interrogatories and...

Excerpt: ...persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in the cross‐complaint, and ROES 1 to 20, inclusive, Cross‐Defendants. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Vacate the Judgment under CCP §473 Plaintiff/Cross‐Defendant Timothy Mattson (“Mattson”) filed this action against Defendants/Cross‐Complainants Chelsey Baker and Jer...

Excerpt: ... The Complaint alleges causes of action for financial elder abuse, unjust enrichment/restitution, fraud and declaratory relief with regard to financial and other issues related to real property located at 16555 Morro Road in Atascadero, California (“Property”). On October 10, 2017, the Bakers filed a Cross‐Complaint for Partition of Real Property against Mattson, Linda Riley (“Riley”), and various entity defendants seeking a judgment pa...

Excerpt: ...ffs allege that Mrs. Hamrick, Defendants' patient, suffered injuries due to Defendants' negligence. Mrs. Hamrick initially presented to Limburg Eye Surgery on June 9, 2015, where she was diagnosed with macular puckering, pre‐retinal fibrosis, chronic cataract, and nuclear sclerosis in her left eye. (Undisputed Material Fact [UMF] 1.) Mrs. Hamrick returned to Limburg Eye Surgery on August 7, 2015, at which time surgery was scheduled with Dr. Mar...

Excerpt: ..., including form interrogatories, special interrogatories, and requests for production (“RFPs”). Paloma provided responses, but Plaintiff argued 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 Motions”). At that time, the par...

Excerpt: ...alendar are two motions to compel.2 In the first motion, Plaintiffs seek 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. In the second motion, Plaintiffs seek further responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue that the responses in both motions relate to Defe...

Excerpt: ...e parties, Plaintiff has now amended his complaint twice. Plaintiff's Second Amended Complaint for Damages (“SAC”) states one cause of action under the Fair Employment and Housing Act (“FEHA”) (Cal. Government Code Sec. 12940, et. seq.). Defendant moves here, pursuant to Code of Civil Procedure sections 435 through 437, to strike page 5, lines 14‐15, from Plaintiff's SAC, which lines state: “when he was retaliated against for filing a...

Excerpt: ...r negligence and premises liability, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs are represented by Attorney Don Ernst. Hannah is represented by Attorney Jennifer Capabianco. Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe persona...

Excerpt: ...e Civ. Proc., § 474.) Plaintiff's complaint asserts one cause of action for premises liability. Plaintiff alleges that all Defendants owned or controlled the premises located at 1248 E. Grand Avenue in Arroyo Grande (the Subject Property). Plaintiff further alleges that on December 14, 2015, she tripped and fell on an entrance step at the Subject Property, suffering injuries. Now, before the Court is Ms. Innes' motion for summary judgment. (Code...

Excerpt: ...n July 2, 2018, Petitioner filed an Amended Petition. Respondent opposes Petitioner's request. Petitioner claims he suffered injuries while a passenger in an RTA bus, on September 27, 2016. Petitioner claims the bus was traveling southbound on Santa Rosa Street, turning right on Monterey, when the driver braked suddenly, causing the bus to hit a lightpole, shattering the passenger side windows. (Amended Petition, p. 6, ll. 15‐19.) Petitioner al...

Excerpt: ...iding coverage for any damages to the property located at 1039 Murray Avenue, Suite 120, San Luis Obispo, California 93405 (the “Subject Property”). (Compl., ¶ 10.) Plaintiff alleges Defendant “designed, manufactured, distributed, marketed, supplied, sold, assembled, and/or otherwise placed in the stream of commerce” a water heater, model number SR‐40/208, serial number 756841 (the “Water Heater”), in an office located at 1039 Murr...

Excerpt: ...ing to the home station. Stark seeks to stay his payments obligation pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for serv...

Excerpt: ...n an attorney affidavit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because he inadvertently miscalendared the hearing date for April 19, 2017 (not 2018). Rel...

Excerpt: ...lleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Plaintiffs2 allege causes of action3 for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide rest periods or additional wages in lieu thereof; (4) failure to provide meal periods or additional wages in lieu thereof; (5) failure to issue accurate wage statements; (6) failure to timely pay wages due at t...

Excerpt: ... Defendant Meghan Hughes (“Defendant”), arising out of an automobile accident. Motion for Costs and Expenses to Enforce Requests for Admissions Pursuant to Code of Civil Procedure section 2033.430, Plaintiff now moves for the recovery of expenses, including attorney's fees and costs incurred, in proving at trial the truth of certain matters that were denied by Defendant in response to requests for admissions. Plaintiff's motion seeks $182,573...

Excerpt: ...ll named beneficiaries of the Estate of Howard W. Lester, deceased. On December 27, 2017, Plaintiff filed his First Amended Complaint (“FAC”). Plaintiff alleges that he is the son of Howard W. Lester (“Howard”). (FAC, ¶ 9.) Howard divorced Plaintiff's mother in 1967, and in 1971 married Jonnie Braaten (“Jonnie”), who had two children at the time of the marriage, the Defendants. (FAC, ¶¶ 8‐10.) On May 20, 1992, Howard and Jonnie e...

Excerpt: ...ed as co‐trustees.1 In November 2005, Floyd and Joan purchased real property on Alameda Drive in Paso Robles, which served as their primary residence (the “Alameda Property”). Floyd and Joan took title as “husband and wife as joint tenants.” Floyd passed away on May 29, 2008, after which Joan became sole trustee of the Trust. In July 2008, Joan recorded (1) an Affidavit – Death of Joint Tenant removing Floyd from title on the Alameda ...

Excerpt: ...de Defendant's confidential information, including financial account numbers and Defendant's social security number. Plaintiff now moves to redact Defendant's “personal identifiers” from the complaint. (Cal. Rules of Court, rule 1.201.) The motion is unopposed. Plaintiff seeks to replace the complaint with a redacted copy omitting all but the last four digits of Defendant's financial account and social security numbers. Plaintiff's counsel av...