Excerpt: ...s pecuniary damages pursuant to the Third Cause of Acton for Slander of Title." As such, Plaintiff is entitled to its attorney fees as damages. Defendant San Luis Obispo Guild Hall opposes the motion, arguing it is improper because Defendant has appealed the Court's ruling on Plaintiff's summary judgment moton. Defendant contends the Judgment awarded Plaintiff attorney fees "once as damages," but that Plaintiff now seeks to "double that recovery ...

Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal act...

Excerpt: ...thwest of the community of Coalinga (the "Park Fire"). Calvin Louis Norman ("Norman") and Bryan Dillard ("Dillard") have since been added to the achon as defendants. The Kester Plaintiffs' operative pleading against the County and Norman alleges seven causes of action for: 1) inverse condemnation, 2) negligence, 3) nuisance, 4) trespass, 5) violation of Health and Safety Code section 13007, 6) Vehicle Code section 17001, and 7) Government Code 83...

Excerpt: ...rt as a director. On December 8, 2022, Robert filed a second amended cross- complaint (SAXC) against Steve. The SAXC also added BBC as a defendant and asserted derivative claims on its behalf. Currently on calendar is Steve's demurrer to the first, fourth, fifth, sixth, seventh, and eighth causes of action in the SAXC on the ground that they are uncertain and fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430....

Excerpt: ...sts ("Judgment Amount"). (Agreement 1). The Agreement sets forth a payment schedule and provides that upon default of any payment the entire judgment, less any amounts paid, is due and Plaintiff can move to vacate dismissal and request entry of judgment. (Agreement 1, 3, 4 and 7). On December 20, 2021, the Court dismissed the case pursuant to the Agreement and retained jurisdiction under Code of Civil Procedure section 664.6 ("section 664.6"). Pl...

Excerpt: ...ended Cross-complaint ("FACC") alleges that the founding members orally agreed to enter into a partnership to grow and sell cannabis to dispensaries (the "Oral Agreement"). (FACC '112.) The parties formed the LLC and entered into a written Operating Agreement ("Operating Agreement") in accordance with the Oral Agreement. (FACC 14, 33.) The parties located agricultural real property ("Property") and agreed that Pritz would purchase the Property be...

Excerpt: ...ntinued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children, Marianne and Gail became the successor trustees of all three sub-trusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Diane Davies (Davies) as the court-appointed successor tru...

Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...

Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...

Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...

Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...

Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...

Excerpt: ...ground Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2020 Plaintiff was employed by Defendant as a "direct support professional" and part of the frontline staff that took care of the residents. (UMF 9-10.) Plaintiff was employed at Sunset House. Plaintiff's job duties included helping residents wit...

Excerpt: ...er 7, 2018, Plaintiffs' son, Jordon Grant,l was riding his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. At the tme of the incident, a GoPro camera was attached to Jordan's helmet. The memory card (Micro Secure Digital Card [SD Card)) from the GoPro camera was subs...

Excerpt: ...tlement, and the matter was dismissed as to Nahmias' claims. Petitioner now petitions, pursuant to Code of Civil Procedure sections 1085, 1094.5 and 1102 for the following relief: 1. An alternate and peremptory writ of mandate and prohibition commanding Respondents to take no further enforcement measures against Petitioners; 2. A stay, temporary restraining order, preliminary, and permanent injunction prohibiting Respondents from taking any furth...

Excerpt: ... of action for constitutional taking. The dispute concerns a billboard located on Plaintiff's property, located at 6020 Conejo Road in Atascadero (the Property). With his request for writ of mandate, Petitioner requests the Court order Respondents to allow reconstruction of the billboard. l. Factual Background. A. The Original Billboard. Petitioner alleges he acquired the Property on April 26, 2016. (Pet„ 1.) Petitioner alleges the billboard on...

Excerpt: ...dants' filing that civil action. Defendants filed a demurrer to the original complaint in this action that was scheduled for hearing on June 15, 2023. Plaintiff filed a First Amended Complaint ("FAC") on May 15, 2023, that became the operative complaint. The demurrer is therefore moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-505.) Two motons are at issue: Defendants' Motion to Strike the FAC and Defenda...

Excerpt: ...e timely service on June 2, 2023. (Code Civ. Proc., SS 1170.7; Yanez v. Vasquez (2021) 65 Cal.App.5th Supp. 1, 8 [Code Civ. Proc., S 1013 applies].) Opposition, however, may be made orally at the hearing or in writing the court day before the hearing. (Cal. Rules of Court, rule 3.1351.) l. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law....

Excerpt: ...or Production of Documents, Set One ("RFP"); Form Interrogatories, Set One ("Form Interrogatories"); and Special Interrogatories, Set One ("Special Interrogatories"). Plaintiff served objections to the RFP and Special Interrogatories and objections to many of the Form Interrogatories. 1 On November 3, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel. Cannon attempted to meet and confer with Plaintiff and her former c...

Excerpt: ...ed to pay. On October 21, 2022, Plaintiff filed this action against Defendant for Declaratory and Injunctive Relief, Breach of Contract, Negligence, and Breach of Fiduciary Duty. Plaintiff filed the subject motion seeking preference pursuant to Code of Civil Procedure section 36, subdivision (a), which provides that "[a] partyto a civil achon who is over 70 years of age may petition the court for a preference, which the court shall grant if the c...

Excerpt: ...roduce; 3. Precluding counsel for Garden Street SLO Partners, L.P. (Garden Street), Roy Ogden, from coaching Mr. Smith during his deposition; and 4. For sanctions of $2,800 against Mr. Smith, Mr. Ogden, and Garden Street.l Garden Street opposes the motion, and requests sanctions of $2,040 for its opposition. The motion is granted in part and denied in part as set forth below; and the parties' respective requests for sanctions are denied. A. Motio...

Excerpt: ...h of fiduciary duty, and removal of director. On December 8, 2022, Robert filed a second amended cross-complaint against Steve alleging both individual and derivative claims. Steve alleges Robert has stolen BBC vehicles and equipment, misrepresented the profitability of a project leading to imprudent shareholder distributions, misused BBC assets to reduce his personal liability on outstanding personal guarantees, violated his obligation to sign b...

Excerpt: ...on October 23, 2021, in Paso Robles. Now before the Court is Plaintiff's motion to quash Defendants' subpoena for medical records or, in the alternative, for a protective order and order to modify the subpoenas issued to Sierra Vista Regional Medical Center and for sanctions in the amount of $1,130 against Defendants and their counsel of record. The Court is not in receipt of an opposition; a proof of service is on file. On October 18, 2022, Plai...

Excerpt: ...rust. The Handleysl , Destino Investments LLC, and The Development Trust filed a cross- action Stier and John Handley. The operative cross-complaint is the fifth amended cross- complaint (5ACC), filed April 6, 2023, after this Court (Hon. Donald G. Umhofer, presiding) granted Cross-complainants' moton for leave to file an amended pleading. The 5ACC includes causes of action for (1) breach of partnership agreement; (2) intentional interference in ...

Excerpt: ...otion for summary judgment. Now before the Court is Plaintiff's motion for an award of attorney's fees in the amount of $41,015.00. The Court is not in receipt of an opposition; a proof of service is on file. Plaintiff seeks attorney's fees under Civil Code section 5975(c), which mandates an award of attorney's fees to the prevailing party in an action to enforce a homeowners association's governing documents as a matter of right. Plaintiff broug...

Excerpt: ...r 7, 2018, Plaintiffs' son, Jordon Grant (Jordan), was riding his motorcycle southbound on Highway 101, when Richard Giuli, who was driving eastbound on El Campo Road, made a left turn onto the highway. Mr. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. In the first amended complaint, Plaintiffs assert a single cause of action against the County for Dangerous Condition of Public Property under Government Cod...

Excerpt: ...eys, several individuals, and a Santa Barbara County Superior Court Judge ("the Complaint"). Four demurrers filed by the following defendants are at issue: 1. City of Santa Barbara and its employees sued in this case (collectively referred to as "City Defendants"); 2. Attorney Gabriela Ferreira ("Ferreira"); 3. Lisa Ann O'Niahll ("O'Niahll"); 4. Attorney Christopher E. Haskell ("Haskell") All the demurrers are brought on the grounds that the Comp...

Excerpt: ... supervisor, Flores, while employed with CMD at the Grizzly Youth Academy (GYA) in San Luis Obispo. Now before the Court is Plaintiff's motion to compel the production of records from the California Highway Patrol (CHP) pursuant to Evidence Codel section 1043, known as a Pitchess2 motion. Legal Authority. Personnel records of peace officers as well as records of citizens' complaints against personnel maintained under Penal Code section 832.5 are ...

Excerpt: ... demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out o...

Excerpt: ...ued the following day.l On August 22, 2022, Brian Harms (Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $300,000. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Proposed Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (Lis Pendens) on Sep...

Excerpt: ...te concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) l. FACTUAL BACKGROUND Plaintiffs are the owners of real property located at 5255 Cascabel Road in Atascadero (the Property). Priorto Plaintiffs' ownership, the Property was owned by Darren Thomas (Thomas). In September 2007, Thomas a...

Excerpt: ...irst Amended Petition alleging wrongdoing by the trustee, Deborah Foster-Swenson (Swenson) .2 Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petiton (the SAP). The 1994 Trust directed that the residual trust estate be divided 50% to Swenson (outright); 25% to Bruce (in a trust with the balance to his children upon his deat...

Excerpt: ... large tree branch fell on him while he was working on a property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is Covelop's motion for good faith settlement. Also on calendar is cross- defendant Box Kite Barnyard, Inc. (Doe 2)'s (BKB) motion for judgment on the pleadings as to Bunyon's cross-comp...

Excerpt: ...Robert Leslie, at the deposition of Jeff Martin. Mr. Leslie represents Specialty Construction, Inc. (Specialty), and Mr. Martin is Specialty's senior vice president. Specifically, Moving Parties seek an order: 1. Precluding Specialtvs counsel from making speaking objections or coaching witnesses on the record; 2. Precluding Specialty's counsel from making personal attacks against opposing counsel during depositions; 3. Requiring the parties to me...

Excerpt: ...n San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is cross-defendant RRM Design Group (Doe 3)'s (RRM) demurrer to Bunyon's cross-complaint. l. RRM's Demurrer RRM demurs to Bunyon's cross-complaint as follows: 1) The cross-complaint and each cause of achon therein as to RRM pursuant to Code of Civil Pro...

Excerpt: ...d Parker were served on October 31, 2022, and Weinberg was served on November 3, 2022. (Pl. Decl., 7, 15, 23.)1 The date for production on all three subpoenas was November 18, 2022. (Pl. On November 1, 2022, Jed Hazeltine (Hazeltine), the successor trustee of Trusts B and C informed Sander via email that he was asserting the attorney-client privilege in the documents.2 On November 9, 2022, Weinberg objected to the subpoena served on him. (Pl. Dec...

Excerpt: ...had been entered earlier that morning. The deadline for Sharianne to file a responsive pleading was Thursday, September 8, 2022. (Code Civ. Proc., SS 412.20(a)(3), 415.10.) The request for entry of default against Michael was denied because his answer was timely filed. (Code Civ. Proc„ S 415.20(a).) Sharianne seeks to set aside her default under Code of Civil Procedure section 473. Under subsection (b) of section 473, the court may relieve a pa...

Excerpt: ...between Plaintiff and ABC. A default against Szulborski was entered on January 25, 2021, and a default judgment was entered against him for the full amount allegedly owed on the contract, plus interest and attorney fees, on April 29, 2021. Szulborski filed the subject motion to set aside default on the grounds that he was never served with a summons, and the judgment was obtained by fraud in that Plaintiff failed to advise the Court that Van De S...

Excerpt: ...irst Amended Complaint (FAC) was filed on March 7, 2023. Colorado Structures now moves pursuant to Code of Civil Procedure sections 435, subd. (b) and 436, to strike the alter ego allegation in paragraph 10 of the FACI , on the grounds that it lacks the specific particularity required for pleading.2 Plaintiffs oppose the motion and contend that the allegations are sufficient to put the defendants on notice of the claim. Code of Civil Procedure se...

Excerpt: ...f refused Defendant's requestfor an extension of time within which to serve responses, and Defendant served an objection only response. Plaintiff's counsel engaged in an effort to meet and confer, which Defendant argues was not in good faith. While Plaintiff gave Defendant a very short deadline (about 12 hours) to agree to a discovery conference or the subject moton would be filed, Plaintiff's counsel had already provided a detailed explanation c...

Excerpt: ... of Civil Procedure section 2023.040. Defendants contend that Plaintiffs served a non-complaint Supplemental Designation of Experts that included admissions that it was intended as a placeholder. Defendants seek an order striking the supplemental designation, a sanction order prohibiting introduction of expert testimony by Plaintiffs at trial (aside from rebuttal testimony) and monetary sanctions against counsel for Plaintiffs payable to Defendan...

Excerpt: ...l Defendant to prov-de further discovery responses and to have requests for admissions deemed admitted. No opposition has been filed. The specific discovery at issues is as follows: 1. Plaintiff's Form Interrogatories, Set One, ("Form Interrogatories") interrogatory numbers 2.1, 2.2, 2.3, 2.5, 2.5, 2.7, 2.8, 2.9, 2.10, 17.1, 50.1, and 50.6; 2. Plaintiff's Special Interrogatories, Set One, ("Special Interrogatories") interrogatory numbers 5 and 6;...

Excerpt: ...assaulted her while giving her a massage. When questioned by Defendant, Denneen admitted Plaintiff's allegations and was fired. Denneen had worked for Defendant for fifteen years and three customers had complained about Denneen's odd behavior. Plaintiff alleges that Defendant knew or should have known of Denneen's propensity to act inappropriately, and to commit acts of sexual misconduct but breached its duty of care to warn and protect its patro...

Excerpt: ...ting that the Court remove Matthew as Trustee for, among other things, breach of trust. Petitoner also requests the Court remove Jennifer as Matthew's successor trustee. On March 8, 2023 a Stipulation and Order was filed agreeing to specific affirmative defenses. Now before the Court is Petitioner's motion to quash two business records subpoenas for her medical records. l. Background Petitioner is the beneficiary of the Denise Solters Special Nee...

Excerpt: ...out and eliminates off-highway vehicle ("OHV") use at the Oceano Dunes State Vehicle Recreation Area ("ODSVRA"), managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. ("Friends"), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, "EcoLogic".) All four of the petitions seek a writ of mandamus pursuant to Code of Ci...

Excerpt: ....98, plus interest, costs, and fees. Local Rule 25.02 provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 provides as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation o...

Excerpt: ... that it is a partnership. The complaint is signed by a partner. The Defendants have provided a lengthy recitaton of the facts giving rise to their motion, including the fact of a related case in which Defendants are suing Plaintiff. (Related Case No. 23CVP-0130 — Jerome Zalusky dba Uncle Ed's Outfitters, et al v. Plaza de Pueblo, et al.) Now before the Court is the Defendants' moton to quash the summons and complaint. For purposes of this limi...

Excerpt: ...anty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Linane also alleges GM knew that the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Lemon Law. Linane served GM with Plaintiff's Requests for Production of Documents, Set One ("RPD"), and GM timely served Linane with responses. GM objected to all 89 of the requests and agreed to...

Excerpt: ... of Business & Professions Code secton 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap reconstruction. (4AC, 14.) In October 2018, Dr. Chalekson performed a second surgery to remove torn mesh and repair a hernia. (ld. at q 36.) Plaintiff...

Excerpt: ...s Obisipo County ("Property") from Developer. The Property was a new construction project, and the sale was completed on April 27, 2018. Plaintiffs allege that the Property began to manifest observable damages after the close of escrow and within one year of being completed, and further allege that the same damages have appeared in each of the homes in the same layout built by Contractor. Plaintiffs allege the Property fails to comply with multip...