Excerpt: ...ant to the parties' Operating Agreement (the “Agreement”) and Civil Code section 1717.1 Section 1717 provides in pertinent part: In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she i...

Excerpt: ...cannot be repaired to the level of the express and implied warranties. The second amended complaint (“SAC”) includes one cause of action for violation of the Song‐Beverly Consumer Warranty Act (Act). (Civ. Code, § 1790 et seq., “the Act”). On February 13, 2018, one day before this lawsuit was set to go to trial, the Parties settled this matter after a mandatory settlement conference (“MSC”) with Defendant agreeing to pay Plaintiffs...

Excerpt: ...elope with a window that provided access to Plaintiff's personal information. The litigation was settled, and on October 12, 2017, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement and a Motion for Attorneys' Fees and Costs pursuant to Civil Code section 1788.30(c). (Cal. Rules of Court, rule 3.769.) There is no opposition. The settlement provides for a $35,000 administ...

Excerpt: ...mpons and fail to issue female inmates “sanitary napkins and/or tampons as needed”, in violation of equal protection, the California Constitution, and section 1265 of Title 15 of the Administrative Code. Plaintiff alleges one cause of action in her FAC and seeks injunctive relief and orders, as well as an accounting and repayment of money paid by female inmates. Plaintiff makes class allegations, and her proposed class is defined as “all pa...

Excerpt: ... of oral contract between Plaintiff and Agenbroad; (3) breach of the implied covenant of good faith and fair dealing; and, (4) intentional infliction of mental and emotional distress. Plaintiff's FAC alleges that Plaintiff and Agenbroad were in a romantic relationship and, in early 2016 they decided to attend university and move in together. In January 2016, Plaintiff and Agenbroad entered into a written lease agreement with California West, Inc....

Excerpt: ...perty”). (Compl., ¶ 7.) The Premier Defendants1 allegedly acted as dual agents for Mr. Gunther, the seller of the Subject Property, and Plaintiff, the buyer. (Compl., ¶ 8.) Plaintiff alleges that on or about April 25, 2017, “defendants, falsely and fraudulently represented to Plaintiff that the property was in a condition to be developed and built upon, and that Plaintiff could build a house on the property as was his purpose...” (Compl.,...

Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...

Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...

Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...

Excerpt: ...es utilized a corporation, previously formed by Dennis, called Sanctuary 805, Inc. (“Sanctuary” or the “Corporation”). Sanctuary acquired all of the assets of Shell Café and, in exchange, the Brunettis received 75% of the Corporation's shares of stock and the Balsamos received 25% of the stock shares. The parties agreed to a three‐person Board of Directors (“Board”), but only selected two initial Board members, Charles and Dennis. ...

Excerpt: ...endant Tamara A. McGinty (“RFAs”). As of the date of filing the Motion, Plaintiff had not received any responses from McGinty. Plaintiff moves here to have the RFAs deemed admitted. On July 3, 2018, Plaintiff filed an Amended Notice of Non‐Opposition to Motion to Deem Request for Admissions Admitted and for Monetary Sanctions. In the Amended Notice, Plaintiff stated that subsequent to filing the Motion, McGinty served responses to the RFAs,...

Excerpt: ...ility, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) 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 personal injuries. Plaintiffs contend that the placement of an electrical conduit near the rung ladder created a slipping hazard, leading to M...

Excerpt: ...urther requests that Defendants provide additional support for the amount of the requested undertaking. Parties should come prepared to discuss dates for the continued hearing. ...

Excerpt: ...ion 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.) Relief from the judgment of dismissal is mandatory when there is an attorney affidavit of fault and the motion is brought within six months of the dismissal. (Code Civ. Proc., § 473(b).) Here, the motion w...

Excerpt: ...vit 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 due to his mistake, inadvertence and surprise he was not aware of the hearing. Relief from the judgmen...

Excerpt: ... 2016. Petitioner alleges he was covered by bodily injury liability insurance policies containing uninsured/underinsured motorist coverage that were applicable on February 4, 2015 (policy number BA 8646989), and January 26, 2016 (policy number BAA (16) 56 47 56 16). (See Exhs. 1, 2, to Declaration of Don A. Ernst (“Ernst Decl.”.) On June 28, 2017, Petitioner sent a letter demanding arbitration under the uninsured and underinsured motorist pro...

Excerpt: ...h Carolina. (See also 50 U.S.C. Appen. § 522(b).)2 Under that section, upon application by the service member, the Court must stay the action, “unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.” Christopher enlisted in the United States Army Reserve on August 30, 2017, and will serve thre...

Excerpt: ...rivate Attorneys General Act (“PAGA”; Lab. Code, § 2698, et seq.). Plaintiff has since dismissed all of her individual causes of action, and only the PAGA claim remains. On November 27, 2017, Sierra Vista filed a petition to compel arbitration, which this Court denied in an order dated February 28, 2018 (“Order”). Notice of Entry of the Order was entered on April 27, 2018. On June 26, 2018, Plaintiff filed a Notice of Appeal of the Order...

Excerpt: ...y the LLC and constructed by the Corporation. On February 27, 2018, Plaintiff served (a) special interrogatories (Set One); (b) form interrogatories (Set One); and (3) requests for production of documents (Set Two) on the LLC. That same day, Plaintiff served (a) special interrogatories (Set One); and (b) requests for production of documents (Set Two) on the Corporation. Responses were due on April 3, 2018. Plaintiff's counsel followed up with def...

Excerpt: ...independent retail service stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (“Eagle”) and Linda Schultze (“Ms. Schultze”) for the exclusive supply of gasoline products for a ten‐year term. According to the second amended complaint (“SAC”), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing”...

Excerpt: ...wage garnishment. Defendant has filed a claim of exemption in which he reports a net monthly income of $3,648.82;1 and expenses of $3,595 (a difference of $53.82). The Sacramento County Sheriff's Office reports that as of May 25, 2018, it was not holding any funds. In addition to Defendant's claim of exemption, the Employer's Return states there are two other earnings withholding orders currently in effect. One of which was received on May 17, 20...

Excerpt: ...nteed future payments since May 2016. On May 26, 2016, the Court approved a transfer of $50,000 in a future payment due on July 15, 2020. On September 15, 2016, the Court approved a transfer of $50,000 of a July 12, 2020 payment. On January 12, 2017, the Court approved the transfer of $81,720.88 from a July 12, 2025 payment. On April 13, 2017, Payee transferred $25,013.96 from the July 12, 2020 payment and $78,011.23 from the July 12, 2025 paymen...

Excerpt: ...staurant, Yanagi Sushi & Grill on James Way in Pismo Beach (“Yanagi”). On April 24, 2017, default was entered against C‐JDR. On May 26, 2017, Plaintiff amended her complaint to add JE&E, Inc. (“JE&E”) as a defendant under a successor liability theory. Plaintiff had moved for leave to amend after Yanagi was sold to JE&E, and after Plaintiff purportedly learned that C‐JDR's CEO, Kyong Jeong, left the country prior to trial. JE&E moves h...

Excerpt: ...pervising Environmental Health Specialist with the CUPA. (LaBarre Decl., ¶ 2.) 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. (Faulkner Decl., ¶ 2.) Beginning in 2006, EHS employees observed a series of violations at facilities (...

Excerpt: ...weeks. Plaintiffs have yet to file a proof of service of Summons via publication. (See Code Civ. Proc., § 415.50(c); Gov. Code, § 6064 [service completed on the 28th day following the first day of publication].) Now, before the Court is Plaintiffs' “Petition (Motion) for Mediation Agreement to Become a Judgment, Court to Retain Jurisdiction Under CCP § 664.6” (“the Motion”). In their Motion, Plaintiffs aver that they mediated a dispute...