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: ...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: ... 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: ...y moved for an award of attorneys' fees ($68,549.60) pursuant to the parties' Operating Agreement and Civil Code section 1717.1 By its terms, Civil Code section 1717 applies only to actions “on a contract” and to fees “which are incurred to enforce that contract.” (See Santisas v. Goodin (1998) 17 Cal.4th 599, 615.) Defendant, however, did not explain how the claims in the three versions of the complaint were “on the contract,” i.e., ...

Excerpt: ...ten or oral; and (3) is uncertain. A demurrer challenges defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [citation].” (Berg & Berg (2009) 178 Cal.App.4th 1020, 1...

Excerpt: ...t. Plaintiff alleges that Defendant had been drinking at the Cliffs' restaurant; that he was intoxicated at the time of the incident; and that Plaintiff and Defendant had an altercation prior to Defendant striking Plaintiff with his (Defendant's) vehicle. Plaintiff's complaint includes a claim for punitive damages against Defendant. Pursuant to Civil Code section 3295(c), Plaintiff now brings a motion for order allowing pretrial discovery of Defe...

Excerpt: ...s that on July 24, 2016, she visited the Property to access the beach below the Property, known as Shelter Cove. Plaintiff alleges the walkway down to Shelter Cove gave way, causing her to fall down to the beach below, sustaining injuries. (Compl., ¶ 8.) On the date of her injury, Plaintiff was not a paying guest at Defendant's Property, but rather visited the Property to access the beach, where she planned to meet her friends. (Def.'s Separate ...

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...

Excerpt: ...or judgment on the pleadings. There is no opposition.1 Prior to initial hearing on this matter, the Court posted a tentative ruling (1) directing the parties to participate in a meaningful meet and confer as required by Code of Civil Procedure section 439(a); and (2) directing Capital One to submit a declaration confirming compliance with that section. At the hearing on July 17, 2018, the Court was informed that the parties had not yet met and co...

Excerpt: ... to enforce the judgment against Defendant through a wage garnishment. Defendant has filed a claim of exemption in which he reports (a) his gross monthly income as $2,000, and (b) deductions of $200 for required federal and state withholdings, and $50 for a wage garnishment filed by the Employment Development Department (“EDD”). In addition to the existing wage garnishment, Defendant reports that his net monthly expenses ($1,850) exceed his n...

Excerpt: ...st since 2007, and was misclassified as an exempt employee. The complaint alleges that each Defendant is the alter ego of the other. (Cmplt., ¶¶ 17‐18.) The individual Defendants Quinn and Nichols demur to the entirety of the complaint on the grounds that it does not state facts sufficient to constitute a cause of action; and also move to strike specific lines in the complaint which reference “Labor Code §§ 558, 558.1 and other.”1 Speci...

Excerpt: ...otion is nonetheless still denied. RULING Castlerock Development and K&M Holding Corporation (collectively, “Plaintiffs”) initiated this litigation on November 29, 2016, against the City of Atascadero (the “City”). A first amended complaint and petition for writ of mandate (“FAC”) was filed on January 31, 2017. The FAC challenges certain development impact fees imposed by the City in connection with Plaintiffs' development of 802 acre...

Excerpt: ...the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) On February 14, 2017, Plaintiff filed a workers' compensation action with the California Workers' Compensation Appeals Board (“WCAB”) for recovery of compensation and benefits under California's Workers' Compensation Act (the “WC...

Excerpt: ...itutional rights when he refused to accept mental health treatment from Dr. Kang‐Elliott. Dr. Kang‐Elliott is a medical doctor and part‐time psychiatrist at CMC. Mr. Sohner is a correctional officer at CMC. Defendants bring this motion for summary judgment (“MSJ”) on the ground that there are no triable issues of material fact that (1) Plaintiff has failed to timely or properly file a Government Tort Claim and therefore is barred from b...

Excerpt: ... for Production of Documents (Set One) (“RFPs”), Special Interrogatories (Set One), and Form Interrogatories (Set One) on Defendant. On March 7, 2018, Jonathan Milder, Esq., Defendant's counsel, requested an extension of time to respond to the discovery request, which was granted through March 21, 2018. On March 21, 2018, Defendant served responses to the RFAs, Form Interrogatories, and Special Interrogatories, but failed to serve responses t...

Excerpt: ...ent's son, alleges he is also a current beneficiary. Respondent disputes this, contending Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is a division between Marital and Family shares. The Family Share trust became irrevocable upon Jerry McKibben's death. The Trust held six ...

Excerpt: ...�Defendants”). The Defendants may oppose the motions orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No opposition has been received to any of Ken's motions. However, even when unopposed, the trial court is required to determine no dispute of material fact exists and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c(c).) Ken alleges he is the owner of real property located a...

Excerpt: ....) As of June 4, 2018, the Santa Barbara County Sheriff's Department is holding $3,887.30. Defendant filed a claim of exemption contending the levied funds are wages and checking the boxes indicating that (1) his claim is made “pursuant to a provision exempting property to the extent necessary” for the support of Defendant and his dependents, and (2) the property claimed to be exempt is “tools, implements, materials, uniforms, furnishings, ...

Excerpt: ...eable debt under federal bankruptcy law. On October 6, 2017, the bankruptcy court returned the 2014 judgment to this Court. On January 5, 2018, Plaintiff was issued an Abstract of Judgment in the amount of $57,493.07 and a Writ of Execution in the amount of $57,968.07. On March 6, 2018, Plaintiff filed an Acknowledgment of Satisfaction of Partial Judgment, crediting Defendant for payments of $13,000. Plaintiff executed a bank levy on two of Defen...

Excerpt: ...mplaint‐in‐intervention pursuant to Code of Civil Procedure section 387. According to the motion, Plaintiff was working in the course and scope of his employment with Aqua Systems when the accident occurred. Aqua Systems, at the time, was insured by Great American. Great American alleges that it has paid workers' compensation benefits to Plaintiff in connection with the incident. Under Labor Code sections 3852 and 3853, the insurer has a stat...

Excerpt: ... Fact (“UMF”) 3.) Wendee Carr (“Defendant”), Mr. Carr's wife, is a signatory to the release with Ms. Perez's insurance company, which specifically states: “This is not to be construed as a release of any UIM claim.” (Compl., Ex. B.) At the time of the accident, Mr. Carr was insured under a policy of automobile liability insurance (“the Policy”) issued by Interinsurance Exchange of the Automobile Club (“Plaintiff”). The “Name...

Excerpt: ...er), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments. The City Defendants had allegedly owned, maintained, utilized, or sought to procure one of the dogs (named Neo) as part of their K‐9 police units. The City of Grover Beach filed a cross‐complaint for indemnification against the other Defendants (except ...

Excerpt: ...013, Defendant expressed her concerns to Plaintiff regarding the absence and makeup policy in his P.E. class, in which Defendant's son was enrolled. (Compl., ¶ 6.) Defendant's concerns stemmed from her son's C‐grade, which Plaintiff explained was due to several absences, per department policy. (Ibid.) Thereafter, Defendant allegedly began a campaign to overturn what she considered an unfair policy concerning absences, involving several other s...

Excerpt: ...s on the underlying note. McClure was served by personal service on April 4, 2018. Her default was entered on May 8, 2018, and a default prove‐up hearing set for June 4, 2018. That hearing was continued to the present hearing date. In the interim, McClure filed this motion to set aside default pursuant to Code of Civil Procedure section 473(b).1 In her supporting declaration, McClure states that (1) she contacted Rossi after the complaint was f...