Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...

Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...

Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...

Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...

Excerpt: ...ed, (3) breach of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages ...

Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...

Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...

Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) 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 Enterprises, LLC v. Boyle (2009) 178 C...

Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...

Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...

Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...

Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...

Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...

Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...

Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Dece...

Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...

Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...

Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...

Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...

Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...

Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...

Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...

Excerpt: ... General Act (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was not opposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to be sent to class members by Ju...

Excerpt: ...is Defendant's motion to transfer venue to the Napa County Superior Court. Defendant moves pursuant to Code of Civil Procedure section 397(a), i.e., that the court designated in the complaint is not the proper court. 1 Plaintiff opposes the motion. For the first time in his initial reply, submitted on July 29, 2021, Defendant argued that the matter should be transferred under section 397(c), i.e., convenience of witnesses and ends of justice. At ...

Excerpt: ...quests for admissions, set one (the RFAs), based on Defendant's failure to respond to Plaintiff's RFAs. Now before the Court is Plaintiff's motion for judgment on the pleadings. The Court is not in receipt of an opposition; a proof of service is on file. A plaintiff may move for judgment on the pleadings where the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts ...

Excerpt: ...tions of the Property for a 60‐ month temporary construction easement (the Construction Easement) of approximately 2,910 square feet, or 0.06737 of an acre, for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure1 section 1245.235, the County Board of Supervisors by a vo...

Excerpt: ...ng the matter dismissed on May 13, 2020, absent a motion to vacate the order by counsel prior to that date. No motion to vacate was filed prior to that date. On June 16, 2021, Plaintiff filed a Motion to Set Aside Notice of Settlement and Restore Case to Active Docket. The motion was served on Defendant but no opposition was filed. Plaintiff seeks to set aside the Notice of Settlement and enter default against Defendant. Plaintiff contends that D...

Excerpt: ...onald made about Plaintiff in May and June 2019 to the San Luis Obispo Police Department (the “SLO‐PD”), in connection with a pending criminal investigation and at a preliminary hearing in the resultant judicial proceeding (Case No 19F‐05075). Currently, on calendar is MacDonald's motion to strike pursuant to Code of Civil Procedure section 425.16,1 also known as the Anti‐SLAPP statute. For the reasons set forth below, the motion is gra...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ...LC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Now before the Court is Plaintiff's motion to compel Wright's f...

Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...

Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...

Excerpt: ... deceit (against both Defendants). On February 24, 2021, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property). Plaintiffs filed another “notice of pending action” on February 23, 2021, again relating to the ...

Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...

Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...

Excerpt: ...apacity to execute the First Amendment, dated November 7, 2018. The petition is brought under Probate Code sections 850 and 17200. Currently on calendar is Clark's demurrer, which argues (1) venue is improper, and (2) the fourth cause of action is barred under Code of Civil Procedure section 366.2. For the reasons set forth below, the demurrer is overruled. (1) Venue Probate Code section 17005(a)(1) provides that venue is proper in “the county ...

Excerpt: ... Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion for judgment on the pleadings. Legal Authority. A defendant may move for judgment on the pleadings where the complaint...

Excerpt: ...e alternative, summary adjudication. The motion was served on counsel for Defendant. No opposition is on file. The Court grants Plaintiff's Request for Judicial Notice. Plaintiff has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the bur...

Excerpt: ...nancial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Plaintiff's complaint alleges he is a resident at Ocean View Manor apartments in Morro Bay. (Compl., ¶¶ 1, 10.) Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Property, which Plaintiff alleges has caused him to suffer injuries. (Compl., ¶¶ 5, 46, 129.) Th...

Excerpt: ...riminal threats); and (3) violation of Penal Code section 134 (fraudulent writing). The complaint alleges that the San Luis Obispo County District Attorney's office filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agen...

Excerpt: ...e action as to her. Defendant moves on the ground that there is no triable issue of fact that: 1) Defendant did not hire either Plaintiff; 2) Defendant, as the Vice President, did not have authority to determine the rate of pay of either Plaintiff and did not do so; 3) Defendant did not have the authority to pay either Plaintiff and did not do so; 4) Defendant, as Vice President of J&H Enterprises, Inc., did not have the authority to determine th...

Excerpt: ... causes of action for negligence and negligence per se and also seeks punitive damages. Currently on calendar is Laura's motion to strike Plaintiffs' claim for punitive damages (Cmp., ¶¶ 41‐52, p. 10, l. 12). Plaintiffs oppose the motion. For the reasons set forth below, the motion is granted. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) �...

Excerpt: ...f flooding to her property which she alleges was caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Now before the Court is Plaintiff's motion to compel the City to provide a further response to request for admissions, and request for monetary sanctions in the amount of $2,975. The City opposes the motion. There i...

Excerpt: ...ly owned property1 adjacent to a property owned by Defendants, and that from the beginning of Plaintiff's ownership, before May 21, 2012, his property used a sewer line that crosses on Defendants' property. (Compl., ¶¶ 6, 7, 10, 11.) Plaintiff alleges that in 2019, he discovered that despite the use of the sewer continuously before 2010, no formal grant of easement has been recorded in favor of the property. Plaintiff alleges that he has approa...

Excerpt: ... Robles. The three properties at issue are: (1) 14615 Chimney Rock Road (APN: 080‐055‐015); (2) 15750 Natoma Pass Road (APN: 080‐171‐001); and (3) 3975 Natoma Pass Road (APN: 080‐071‐002). The complaint alleges the deeds were recorded on June 5, 2018, and identify Daniel as the grantor purporting to grant title to Arriela;1 and that Defendants have listed the Chimney Rock property for sale. Plaintiff states he did not discover the for...

Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...

Excerpt: ...implants and restorative dentistry.” (Comp., ¶¶ 6, 10.) On April 15, 2021, the Court granted Dr. Phillips' (1) motions to compel responses to form interrogatories (set two) and requests for production (set five); and (2) motion to deem requests for admission (set two) admitted. The Court also granted discovery sanctions in the amount of $1,300. Plaintiff was ordered to provide her discovery responses and pay the sanctions by May 7, 2021. The ...

Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...

Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...

Excerpt: ...tnership (the Limited Partnership); and other Defendants who are no longer a party to the lawsuit. Intervening Plaintiff Daniel Eddleman joined the lawsuit shortly before trial. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision. Plaintiffs now move for a new trial under Code of Civil Procedure section 657. Intervening Plaintiff Daniel Eddleman has filed a notice of joinder to the motion. A ...

Excerpt: ...�). The parties agreed that the Court would decide certain preliminary issues in Phase I of the trial, on the papers and after oral argument, which occurred on March 18, 2021. Thereafter, the parties filed final briefing and the matter was deemed submitted on March 30, 2021. On May 17, 2021, the Court issued its Ruling on Phase I of the Trial, which addressed eleven separate issues. Ten days later, Karen Tallent (“Respondent”) filed a Motion ...

Excerpt: ...causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production 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. On October 8, 2019, Ben...

Excerpt: ...buse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) negligence; (7) negligent infliction of emotional distress; (8) intentional infliction of emotional distress; (9) professional negligence by an attorney; (10) breach of fiduciary duty; (11) breach of fiduciary trust duty; (12) conspiracy; and (13) declaratory relief. Now before the Court is Plaintiff's motion for tri...

Excerpt: ...general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Currently on calendar is Garden Street's motion to compel amended responses to requests for...

Excerpt: ...d 2/27/01, and Marco Specchierla (collectively “Defendants”) on December 31, 2020, 20CV‐0689 (the “Cziraki Action”). The Czirakis filed a First Amended Complaint on March 22, 2021. The Czirakis own and reside on property abutting Defendants' property. (Cziraki First Amended Compliant (“Cziraki FAC.”), ¶¶ 5‐6, 10‐11.) The Cziraki property is accessible only by way of a recorded private access easement across Defendants' propert...

Excerpt: ...2017. Plaintiff then filed a first amended complaint on July 20, 2017. On March 1, 2021, this Court (Hon. Linda D. Hurst, presiding) granted Plaintiff's motion for leave to file a second amended complaint, now the operative pleading in the case. The Court also granted a trial continuance from April 6, 2021, to December 7, 2021. Now before the Court is Defendant's motion to continue the December 7, 2021, trial date. As outlined in its motion, Defe...

Excerpt: ...incorporated San Luis Obispo County. (Compl., passim.) The plaintiffs are German nationals who, at the time of the incident, were vacationing in California. Now before the Court is Defendant's Motion to Compel Deposition of Plaintiff Pierre Hempel (“Plaintiff”). The notice of motion, motion and supporting documents were served by email on counsel for the plaintiffs via email on July 26, 2021. No opposition is on file. On June 2, 2021, Defenda...

Excerpt: ...t it is the owner of real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. (SAC, ¶¶ 1, 3.) Plaintiff alleges its uses of the Property includes or will include residenti...

Excerpt: ...g amounts. Wigwam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $2,658.16. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice (“RJN”) is granted; the Court shall take judicial notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure sections 685.040 and 685.080 on the grounds th...

Excerpt: ... On January 19, 2021, W. Craig Robertson III, of the American Arbitration Association, conducted a telephonic arbitration hearing. (Petition, ¶¶ 6, 7.) Respondents did not appear at the arbitration. On this same date, Mr. Robertson awarded Petitioner $114,589.86 in damages. (Petition, ¶ 8.) The Award is attached to the petition and was served on all parties on January 28, 2021. Petitioner petitions the Court for confirmation of the arbitration...

Excerpt: ...t a motion to vacate the order prior to that date. Plaintiff now brings a motion to set aside the dismissal, to set aside the Notice of Settlement filed March 11, 2021, and to set the case for trial. Plaintiff served the notice of motion and motion on Defendant at her address of record. No opposition is on file. The moving papers show that on August 18, 2020, the parties negotiated a settlement with respect to the monetary terms but subject to a ...

Excerpt: ... filed an answer to the complaint. Coasthills thereafter moved for summary judgment as to McGinty, which was granted. Judgment was entered on July 26, 2019, in the amount of $9,373.41. Coasthills now moves the Court for a determination that Coasthills is the prevailing party and, as such, requests that its attorney's fees be recoverable as an item of costs in the sum of $10,780. Coasthills served the motion and supporting declarations on McGinty,...

Excerpt: ...Larry, and caused a head‐on collision with Plaintiff. Now before the Court is Plaintiff's motion for leave to file a first amended complaint (FAC), which is opposed by Defendants. Legal Authority. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading...” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsui...

Excerpt: ...ublic policy; and (4) promissory estoppel. Plaintiff worked for Defendant as a Warranty Administrator from September 8, 2015, to February 9, 2018. (Separate Statement of Undisputed Material Fact [UMF] 1.) A Warranty Administrator submits all warranty claims to manufacturers so Defendant can be reimbursed for jobs completed under those manufacturers' warranties. (UMF 2.) There is some dispute between the parties as to whether Plaintiff was the onl...

Excerpt: ...ocated at 783 Asilo Street, Arroyo Grande, California 93420 (the “Property”) to her and that she has invested significant money in the Property, but that Defendants did not convey title to her. Defendants now move for summary judgment, or in the alternative summary adjudication, as to each of Plaintiff's causes of action, on the grounds that Plaintiff is judicially estopped from asserting that she owns the property; therefore, there are no tr...

Excerpt: ...ber 13, 2019, Sandra Natali (“Natali”) served a second set of requests for production of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third sets of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the respon...

Excerpt: ...n April 22, 2021. That same day, the City filed a cross‐complaint against VLS alleging breach of contract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross‐ complaint against the City for breach of contract, breach of the implied covenant of good faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. According to the petition, in January 2018, the City contracted wit...

Excerpt: ...e to file a first amended answer. Defendant seeks to add a fourteenth affirmative defense to Plaintiff's claims. The Court is not in receipt of an opposition from Plaintiff; Defendant has filed a notice of non‐receipt of opposition. Defendant's proposed fourteenth affirmative defense states: Plaintiff's claims are barred by the settlement and release entered into by the parties in or around January 2019 in the matter before the Department of Fa...

Excerpt: ...��), and the California Department of Parks and Recreation (“State Parks”). Petitioner filed a First Amended Verified Petition on October 27, 2014. Petitioner brings its Petition on the grounds that the APCD, through an agreement with State Parks, substantively changed a District regulation (Rule 1001) without public notice, an opportunity for public comment, or a hearing as required by state air quality statutes; and as such, the agreement i...

Excerpt: ...he Grand View Apartments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Busin...

Excerpt: ... official capacity as Interim Executive Director of the Commission (the “Executive Director”), and California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District, its Board of Directors, and its Hearing Board (the “District”). Petitioner's Petition challenges the Executive Director's issuance of two emergency coastal development permits (“ECDPs”...

Excerpt: ...ins 26 questions directed to the Plaintiff. So far as the Court can tell, the only relief requested is that Plaintiff respond to the questions. The Court is also in receipt of a proof of service showing the document was served on Plaintiff's counsel via mail on July 28, 2021. Interrogatories may be sent to “any other party” in the action. (Code Civ. Proc., § 2030.010(a).) Interrogatories are not to be filed with the Court “unless they are ...

Excerpt: ...Plaintiffs' lawsuit stems from their overnight stay at The Inn, where they allege they suffered personal injuries resulting from bedbug bites. The two individual Defendants are alleged to be The Inn's owners. Plaintiffs' sought‐after relief includes punitive damages and attorneys' fees. Now before the Court is Defendants' demurrer and motion to strike the complaint. Demurrer Legal Authority A demurrer tests the legal sufficiency of the allegati...

Excerpt: ...tiff failed to file an opposition. As an initial matter, Defendant failed to file and serve a declaration showing an attempt to meet and confer prior to filing the demurrer. (Code Civ. Proc., § 430.41.) Nonetheless, a determination by the Court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (Code Civ. Proc., § 430.41(a)(4).) Defendant demurs, pursuant to Code of Civil Procedure section ...

Excerpt: ...esentation and a survey performed in 2000, Plaintiffs erected various structures, including their home. In 2016, a preliminary survey showed that Plaintiffs' improvements encroached on the neighboring land. The Georges purchased that neighboring land in February 2018, and prior to the purchase Plaintiffs informed the Georges of the survey and of the encroachments. After completing the purchase of their property, the Georges took various actions i...

Excerpt: ...ver into the opposite lane of traffic causing a head‐on collision with Plaintiff's vehicle. Attachment 10F of the complaint alleges: [Defendant] willfully consumed alcoholic beverages to the point of intoxication, knowing that he thereafter would operate a motor vehicle and knowing that drinking impaired his driving skills and/or judgment such that he knew it was dangerous, thereby combining sharply impaired physical and mental facilities with ...

Excerpt: ...the parties had entered into a written attorney‐client agreement in November 2018. The agreement included an arbitration clause. On August 19, 2020, the Court granted the petition to compel arbitration; and on September 16, 2020, appointed John Drath as the arbitrator. Respondent did not appear during the judicial proceedings. On June 2, 2021, Mr. Drath conducted an arbitration hearing. Respondent did not appear at the arbitration. On June 15, ...

Excerpt: ...“Seaside”; collectively, “Defendants”).1 Marissa and Seaside filed answers to the complaint on July 29, 2019, and Donald filed an answer on September 3, 2019. The dispute arises out of a Property Management Agreement entered into between Plaintiff and Seaside regarding the management of Plaintiff's residential units located on Monterey Avenue in Morro Bay, California. Under the agreement, Defendants were given the right to rent, lease, op...

Excerpt: ...p. The amended petition seeks appointment of a third‐party professional fiduciary as conservator of Respondent's person,1 based on allegations that he lacks capacity to give informed consent to medical treatment. The amended petition, however, does not seek dementia powers. The amended petition also seeks to limit contact between Respondent and his niece (Virginia Garcia), as well as her husband (Allen Garcia). The amended petition alleges that...

Excerpt: ... to deliver certain documents by April 23, 2019. At the same time, Petitioner served a Deposition Subpoena for Personal Appearance and Production of Documents and Things on both individuals. The depositions were scheduled to take place in early May 2019. Respondent's prior counsel (Adam Daner) objected to the subpoenas on behalf of Black and Chafin. Black and Chafin did not appear for their depositions, nor did they produce any documents in respo...

Excerpt: ... Obispo, California. (Compl., ¶ 4.) Plaintiff alleges the Subject Vehicle had various nonconformities to warranty, including but not limited to shaking excessively while driving (under normal driving conditions, “in hot weather,” and “after sitting in warm weather and subsequently being driven”) and abnormally clunking when braking. (Compl., ¶ 11.) Now before the Court is Plaintiff's motion to compel a further deposition of Defendant's ...

Excerpt: ...of that order pursuant to Code of Civil Procedure section 1008(a).2 Under that section, a party may make a motion before the same judge to reconsider the judge's earlier ruling and enter a different order, provided the party meets certain conditions. First, a party seeking reconsideration must make the application “within 10 days after service upon the party of written notice of entry of the order.” (Code Civ. Proc., § 1008(a).) Here, Hazelt...

Excerpt: ...addition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC�...

Excerpt: ...alleges that he accepted a settlement offer that Corentec belatedly claimed was revoked, refusing to comply with the agreement's terms. (Cmp., ¶ 2.) This civil action is referred to herein as the “Ferro Action.” The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Ferro alleged Corentec owed him royalties. The arbitration itself began in December 2020, and af...

Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...

Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...

Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...

Excerpt: ... by an authorized dealership in California1 . (Compl., ¶ 9.) Plaintiff further alleges that she submitted the Fiesta to PRF for substantial repair on at least on occasion. (Compl., ¶ 50.) Plaintiff's complaint alleges seven causes of action: 1) Violation of Subdivision (D) of Civil Code section 1793.2, against FMC, based on FMC's Express Written Warranty (Exh. A to the Compl.); 2) Violation of Subdivision (B) of Civil Code section 1793.2 agains...

Excerpt: ...rney, filed a response to the complaint, and two purported “counterclaims” for breach of written contract and “material misrepresentation – fraud.” On April 22, 2021, Defendant filed a substitution of attorney, indicating he is now represented by counsel. A court trial is set to begin on September 13, 2021. Now before the Court is Defendant's motion for leave to file a cross‐complaint. Legal Authority. “The court may, in furtherance...

Excerpt: ...dividuals employed under common circumstances and facts, have filed this class action lawsuit against Defendants The Berry Man, Inc.; All About Produce Corp.; Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint1 (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plai...

Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...

Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...

Excerpt: ...cific inspection date but asked for a “mutually agreeable time and date no less than thirty (30) days after service of [the] demand.” (Plaintiff's Ex. A.) Hazeltine provided verified written responses by mail (and email) on September 18, 2020. (Plaintiff's Ex. B.) Plaintiff, however, did not reach out to coordinate an inspection time until February 27, 2021. (Hazeltine's Ex. A.) Inspection of the documents ultimately occurred over several day...

Excerpt: ...ian Cuellar and Ruben Cuellar. The second occurred on June 12, 2018, and involved Plaintiff as a pedestrian and Brenda Pettit, driving a car owned by Joseph Pettit. Plaintiff and the Cuellar Defendants have reached a settlement, and the Cuellar Defendants move for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and the Cuellar Defendants have agreed to settle Plaintiff's cla...

Excerpt: ...tively “Defendants”). Plaintiff brings this action pursuant to the Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et. seq., on behalf of the State of California, for approximately 2,000 non‐exempt similarly situated current and former aggrieved employees of Defendants who worked for Defendants or who were terminated at any time from December 6, 2019, through resolution of this action. The complaint a...

Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...

Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...

Excerpt: ... Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...

Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...

Excerpt: ...rently on calendar is Petitioner's Motion to Compel a Mental Evaluation of Respondent, made pursuant to Code of Civil Procedure sections 2032.020 and 2032.310, et seq. In response, Respondent has submitted a document entitled, “Objection to Court Proceeding with Conservatorship and to Exercise of Jurisdiction.” Respondent objects to the current request on various grounds. First, Respondent states he was never served with the motion, which was...