Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...

Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...

Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...

Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...

Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...

Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...

Excerpt: ...only known as the ' 'lemon law. Briefly (based on allegations in the operative pleading): on August 23, 2010, plaintiffs purchased a 2020 Nissan Versa for a total purchase price of S32:435 28 (hereafter: the vehicle); Nissan issued a manufacturer's warranty contained in Exhibit 1 to the operative pleading. The vehicle began to suffer electrical and engine difficulties, and plaintiffs took the vehicle to an authofized Nissan repair facility: which...

Excerpt: ...ation and were privy to attorney-client communications and attorney work product, which was subsequently shared with plaintiff's counsel. On April 24, 2023, the court denied the motion, indicating it was going to ratify its tentative “without prejudice until it's too late.” (Rough transcript of April 24, 2023 Hearing, p. 3, ll. 13-26.) The tentative adopted by the court concluded that Union Oil failed to carry its burden to identify the natur...

Excerpt: ...aintiff contends it provided goods, wares, and merchandise: pursuant to a written agreement: and on September 3: 2020: defendants defaulted by failing to pay. According to plaintiff defendants owe $112561.18. On March 8: 2023: Sweet Symphoney and Aissa filed a joint amended answer (which superseded the original joint answer filed on March 3 2023). Aissa is representing himself and Sweet Symphoney "in pro. per_,:: and there is no indication Aissa ...

Excerpt: ...second: third: and fifteenth causes of action. It sustained the demulTer to the fourth (constructive fraud): fifth (intentional misrepresentation): sixth (fraud based on concealment): seventh (promissory fraud): and eighth (negligent misrepresentation): for failure to provide specific facts. It also sustained the demulTer to the eleventh cause of action for financial elder abuse, for its gravamen was predicated on the substance of the fraud cause...

Excerpt: ...Sol is an importer and distributor of alcohol beverages: including tequila manufactured by Compania Tequileras de Arandas S A. de C V _ (Arandas)_ This lawsuit stems from Casa Del Sol's alleged failure to pay plaintiff for two shipments of custom bottle closures sent to Arandas_ The matter before the coun is Casa Del Sol' s demulTer to the first amended complaint First, defendant claims the demulTer should be sustained based on misjoinder pursuan...

Excerpt: ...hat he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there _ On April 3, 2023, defendants moved to disqualify plaintiffs experts: Mary Jane Wilson and Ross Haberle: and counsel for misuse of confidential infonnation_ Wilson: an engineer: consulted for and confidential information from Union Oil in another toxic ton case involving oilfield contamination in the Santa Maria Valley....

Excerpt: ...as Exhibit 1 to the complaint), and secured by real property located in San Luis Obispo County. Steven Boneso (President of Boneso Brothers) signed the promissory note on behalf of Boneso Brothers. Concurrently with the promissory note defendant Robert Boneso signed a “Commercial Guaranty” (Guaranty), attached as Exhibit 2 to the operative pleading. Following Boneso Brothers' default, defendant and American Riviera Bank, on June 7, 2021, ente...

Excerpt: ... the Song-Beverly Act; and (4) negligent repair _ Defendants filed ajoint answer On January 29, 2023 plaintiff filed a 'Notice of Settlement of Entire Case[,]" indicating a conditional settlement of S 140,000 "in exchange for surrender of the subject vehicle plus attomey 's fees: costs and expenses by motion," plaintiff deemed the prevailing party pursuant to Civil Code section 1794: subdivision(d)_ On March 10: 2023: plaintiffs counsel filed a r...

Excerpt: ... other health hazards. He alleges that he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there. Code of Civil Procedure section 1030 provides that upon a defendant's motion, the trial court “shall” order an out-of-state plaintiff to file an undertaking to secure recoverable costs and attorney's fees if the defendant shows a reasonable possibility that it will obtain judgment ...

Excerpt: ... Plaintiff's adult daughter, Jacqueline Westerfeld, estimated they had been to the ranch approximately sixteen (16) times. Plaintiff and her family would go horseback riding every time they visited Defendant's property. Plaintiff was accompanied on the trail ride on the day of the incident by her children, Jacqueline Westerfeld, Robert (“Bobby”) Westerfeld, and her husband, Bryan Westerfeld. Plaintiff was riding a horse named “Major” at t...

Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...

Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...

Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...

Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...

Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...

Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...

Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...

Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...

Excerpt: ... 2018 accident, in which a black 2000 Ford Explorer (driven by Bibiano) collided with a 2013 silver Nissan Altima driven by Adriana. (Case No. 18CV03707, Judge Beebe.) Chubb Insurance Co., Everest Insurance Co. (“Everest”), and Great American Ins. Co. (“GAIC”) provided defenses for their respective insured. Underlying Defendants did not file a cross‐complaint. On April 24, 2019, the Underlying Plaintiffs resolved their claims at a Manda...

Excerpt: ...t would not treat the application as a motion for judgment on the pleadings (at least to the extent defendants were advancing a facial broadside to the allegations in the operative complaint). On August 17, 2022, the court granted plaintiff's request to file a fourth amended complaint, vacated the trial date, reopened discovery, and reaffirmed that Alberto Rodriguez was dismissed as a party to the second cause of action for declaratory relief. Th...

Excerpt: ...ion. It does not appear that Continental Paragon Corporation was ever served. Occidental Petroleum Corporation, Anadarko Petroleum Corporation, Chevron Corporation, and Unocal Corporation have been dismissed, leaving Union Oil Company of California, ConocoPhillips, and Kerr McGee Corporation (Kerr McGee) as defendants. Plaintiff alleges in the operative pleading that he lived at 2833 Starfire Street, Santa Maria, which was atop and “in close pr...

Excerpt: ...y's fees of $112,000, and costs of $3,372.50. Notice of entry of judgment was filed on August 18, 2022. Pacifica has filed a motion for a charging order against Mr. Steven Zaritsky, pursuant to Code of Civil Procedure section 708.310 and Corporation Code sections 17705.03, 15907, and/or 16504. Pacifica asks for a lien on Mr. Zaritsky's transferable membership interest in Foothill Farms of Cuyama, LLC (hereafter, Foothill). Pacifica contends that ...

Excerpt: ...n, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their ...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...oximately fifteen (15) thousand square feet of the Hauenstein's property for a monthly rental of $10,000.00. During 2015‐2017, David and Mike Agazaryan operated a commercial cannabis operation on the property. They fell behind in rents due in an amount of approximately $110,000.00. In early 2017, plaintiffs declared the lease breached and terminated it based on rent default. David, Mike and Arman subsequently introduced Ara Baljian to Karin as ...

Excerpt: ...hip agreement, (3) breach of fiducial duty, (4) constructive fraud, (5) fraud based in intentional misrepresentation, (6) fraud based on concealment, (7) promissory fraud, (8) negligent misrepresentation, (9) breach of contract, (10) breach of implied covenant of good faith and fair dealing, (11) promissory estoppel, (12) financial elder abuse, (13) common count, (14) violation of Code of Civil Procedure section 871.1, (15) accounting, (16) decla...

Excerpt: ...en (7) causes of action advanced in the second amended pleading, but before the demurrer/motion to strike could be heard on the merits, plaintiff asked for and was granted permission to file a fourth amended complaint. The fourth amended complaint was filed on July 12, 2022, and the defendants have once again have filed a demurrer and a motion to strike to the entire pleading. We have reached the final pretrial pleading denouement. Plaintiff adva...

Excerpt: ...ity of the CoastHills Alternate Dispute Resolution Agreement (titled “Resolving Disputes”) (the “Arbitration Agreement”) and any subsequent determination on the merits. [P] Plaintiffs PAGA claim is not subject to the Arbitration Agreement and all further judicial proceedings are stayed pending the earlier of (1) the resolution of the arbitration, or (2) the arbitrator's determination that Plaintiffs claims are not subject to arbitration.�...

Excerpt: ...e Santa Barbara County Flood Control & Water District (Water District). On April 1, 2022, Cassady answered and filed a verified cross‐complaint against RL Enterprises, Lompoc, and Water District for quiet title, judicial foreclosure, and declaratory relief, superseded by a first amended cross‐complaint filed on July 6, 2022. In dispute in both pleadings is the ownership of property located at 205 Princeton Place, Lompoc (hereafter, real prope...

Excerpt: ...stress). Defendant Jacqueline Lucas was the only named defendant to that cause of action. No challenge was made to any other cause of action at that time. The court expressly indicated in the March 8, 2022, order that plaintiffs had 30 days to file an amended pleading. On April 18, 2022, Ms. Lucas and the remaining defendants filed a demurrer to all remaining causes of action. The court continued the hearing date and requested supplemental briefi...

Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. The court sustained a demurrer to this answer on June 7, 2022, allowing leave to amend....

Excerpt: ...023, plus post‐judgment interest at 10 percent from March 10, 2022. Notice of entry of judgment was filed July 20, 2022. The court signed the Amended Statement of Decision on July 21, 2022.[1] Pacifica asks for attorney's fees of $155,238.03, as the prevailing party to both its operative pleading (involving a breach of the commission agreement) and the defense of 1599 West's cross‐complaint, alleging professional negligence. Pacifica acknowle...

Excerpt: ... with the same seven causes of action advanced in the second amended pleading. Plaintiff has attempted to overcome the deficiencies identified by the court. Defendants again demur to all seven causes of action, and have additionally filed a motion to strike all requests for punitive damages. Plaintiff has filed opposition. Meanwhile, plaintiff, on June 14, 2022, for hearing today, submitted a motion for leave to file a fourth amended complaint, a...

Excerpt: ...h a first amended complaint filed on November 19, 2019, leading to (following a stipulation); a second amended complaint was filed on December 22, 2021. The second amended complaint (the operative pleading) advances three survivor causes of action, with battery as the first, negligence as the second, and dependent care abuse as the third. Plaintiff is the decedent Charles Primbs' brother, who filed an affidavit/declaration showing he is the deced...

Excerpt: ...esentative class. Plaintiff's counsel, Mr. Escobedo, describes the overall value of the lawsuit as one involving “seven figure[s] [in] civil penalties”; he also describes the value as one involving “approximately 60,000 pay period/work weeks during the relevant statutory period, with the maximum PAGA penalties in the tens of millions of dollars.” Which is it? No other figures are provided. This is contradictory and therefore inadequate. A...

Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. On May 11, 2022, plaintiff filed a demurrer to the first amended answer, asserting that...

Excerpt: ... theories), and one count of negligent hiring. On March 8, 2022, in a detailed order, the court sustained Jacquelin Lucas's demurrer to the first cause of action for intentional infliction of emotional distress, without leave to amend. Ms. Lucas in her demurrer challenged only the first cause of action only; no other defendant filed a demurrer. The court additionally granted Ms. Lucas's request to strike all references to punitive damages and att...

Excerpt: ...mplaint on February 14, 2022, advancing seven (7) causes of action against the same defendants named in earlier pleadings, as follows: 1) promissory fraud/false promise; 2) quiet title; 3) breach of novation; 4) breach of an implied-in-fact contract; 5) breach of the implied covenant of good faith and fair dealing; 6) unjust enrichment; and 7) declaratory relief. Defendants demur to the verified second complaint, claiming the entire pleading is b...

Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...

Excerpt: ...; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitration, ruling the enforcement of Defendant's arbitration ...

Excerpt: ... (collectively, defendants) for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud/deceit, negligent misrepresentation, conspiracy to defraud, breach of fiduciary duty, and violations of Business and Professions Code section 17200, et seq. Briefly, plaintiff alleges that defendants, who agreed to invest in renovations necessary for the occupancy at 921 W. Laurel Ave., Lompoc, had in reality “no intentions o...

Excerpt: ...cas only); 2) negligent (all defendants); 3) negligent infliction of emotional distress –direct victim (all defendants); 4) negligence (all defendants); 5, 6, and 7) negligent infliction of emotional distress – bystander; and 8) negligent hiring (Orcutt Burgers and Zafiris only). On November 8, 2019, Christopher Clayton, while in Orcutt Burgers on Clark Ave., was falsely accused by defendants of possessing, carrying, concealing, and/or brandi...

Excerpt: ...emy Rubin and his agent Eduardo Robles Correa purchased the property as Premier Real Estate Investments, LLC and “flipped” it for a quick profit. In fact, Robles advised plaintiffs to retain his colleague Vivian La Fuente as their agent in order to proceed with the contract. Once plaintiffs “took control” of the property, they discovered that it was infested with mold. They allege that defendants actively concealed this condition in order...

Excerpt: ...area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escr...

Excerpt: ...evidence. (Brehm Communities v. Superior Court (2001) 88 Cal.App.4th 730, 735.) Nevertheless, the moving party was required to file a declaration with the demurrer attesting to the fact that the meet and confer process was completed. (Code Civ. Proc., § 430.41, subd. (a)(3).) No such declaration was filed here. That is sufficient evidence that the meet and confer did not take place. Trial courts are not required to ignore defects in the statutor...

Excerpt: ...t struggled with whether to allow her an opportunity to cure many of the defects identified [in the body of the order], particularly with regard to those causes of action in which the statute of limitations bar appeared from the face of the complaint, and also with regard to any claim predicated on adverse possession. After some consideration, however, the court, with one exception, will sustain the demurrer with leave to amend as to the first, s...

Excerpt: ...demurrer as to the first and second causes of action, with leave to amend. While the motion to strike was moot, the court nevertheless indicated in its ruling that it would have granted the motion to strike all references to punitive damages. Plaintiff, continuing in propria persona, filed a document entitled “Amendments to First and Second Causes of Action as to the Demurrer and Motion to Strike . . . .” She again advances a negligent and in...

Excerpt: ...d: (1) failure to pay all overtime and double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitra...

Excerpt: ...ing a skull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in...

Excerpt: ...ing causes of action: (1) defamation; (2) invasion of privacy; and (3) infliction of emotional distress. Defendants now seek an order striking the complaint under the anti-SLAPP statute on the grounds that the complaint arises from protected activity and that plaintiff cannot demonstrate a probability of prevailing on the merits. No opposition was filed. “A cause of action against a person arising from any act of that person in furtherance of t...

Excerpt: ...ring her employment, she was continually subjected to harassment including unconsented physical touching while working for Defendants in the form of supervisor Javier Bravo's sexual harassment and stalking because of sex and offering money or favor in exchange for sex. Plaintiff's time records reflect that the last day she clocked in for a shift at the Fresh Venture Foods facility was Saturday, September 3, 2016. Plaintiff's complaint contains on...

Excerpt: ...rs) preliminarily approved a conditional use permit following a design-review inquiry; the former also (ultimately) granted final approval. Petitioners contend that respondents erred as a matter of law in considering any technical limitations attendant to wind turbine generators when they made the nine-factor design review inquiry contemplated by the appropriate regulatory provision. The court is not persuaded by petitioners' argument. Courts mus...

Excerpt: ...enant of and right to quiet enjoyment and possession of property; (3) nuisance; (4) negligence; and (5) violation of Civil Code section 1942.4. The complaint identifies a sixth cause of action in the caption (violation of Civil Code section 1942.5), but includes no supporting allegations in the body of the complaint.[1] On June 15, 2021, defendants filed a motion for summary adjudication of the 2 nd cause of action for breach of covenant to quiet...

Excerpt: ...to control, short-tempered, and unsuitable for public events), with knowledge of the dangerousness. Plaintiff was unaware of the traits of the horse when she was instructed to mount; she was never allowed to “adjust the saddle or stirrups herself,” and as the guided trail ride began, plaintiff noticed the “horse was tripping over his own feet, failing to adhere to the commands by Plaintiff and otherwise acting in an ‘irritable' manner.”...

Excerpt: ...“of her legal right to execute her duty as [the] attorney-in-fact in the “Advance Health Care Directive” executed by Wayne Hoyt on May 1, 2018, attached as Exhibit 2 to the operative pleading. Plaintiff recounts that she was Mr. Hoyt's fiancée and was residing with him when on June 1, 2018, Mr. Hoyt's daughter, Debra Hoyt, admitted Mr. Hoyt to Marian Medical Center. Plaintiff and Debra Hoyt had a highly contentious relationship, culminatin...

Excerpt: ...rt cannot address the merits of the motion until entry of default, filed on August 12, 2020, has voluntarily been set aside. Although overlooked by plaintiff, entry of default was made one day before the notice of conditional settlement was submitted to the court, and has been left unabated since. The impact of this is clear. Once default is entered, defendants' right to appear in the action thereafter is cut off. Defendants are “out of court,�...

Excerpt: ...August 17, 2021, Ford filed a motion to amend the judgment pursuant to Code of Civil Procedure sections 187. It asks the court to amend the judgment to add an alias name for defendant Jesse Teniente, Jr., who now goes by the name “Jesus Teniente.” The motion was served by mail on defendant at 338 East Foster Road, Santa Maria, California. In a declaration submitted by Ford attorney David Chen, Mr. Chen declares that after an employment verifi...

Excerpt: ...kull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in Februa...

Excerpt: ...iled complaint against defendants Northstar Senior Living, Inc., and Fountain Square of Lompoc, LLC, for violations of the Private Attorney General Act, pursuant to Labor Code section 2698, et seq. (hereafter, the PAGA). According to the complaint, plaintiff was employed by both defendants, who were agents of each other, between September 2019 and November 2019, as hourly paid, nonexempt employee. Plaintiff alleges that she and other aggrieved em...

Excerpt: ...lse promise; 2) quiet title; 3) quiet title by adverse possession; 4) civil conspiracy; 5) breach of oral contract; 5) breach of implied in fact contract; 6) breach of the implied covenant of good faith and fair dealing; 8) unjust enrichment; and 9) declaratory relief. The allegations involve residential property located at 4345 Santa Maria Mesa Road, Santa Maria (hereafter, real property). Plaintiff was married to Daniel until 2018, when she sec...

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...�) initiated a product recall from all Canadian stores of Landec's 28 oz. bag of Eat Smart Sweet Kale Salad Kit (the “July 2019 Recall”) due to the CFIA finding a positive result of Listeria monocytogenes (“Lm”) in a test sample of the kits. This recall resulted in over $5,500,000 in total loss to Landec. Lloyd's has refused coverage on the basis that the losses did not arise “solely and directly” from the July 2019 Recall, and instea...

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ... cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so t...

Excerpt: ...n to strike, submitted by defendants Ara Baljian and Le Phuque, LLC (collectively, defendants). The court is aware that if the action is dismissed for lack of prosecution, this tentative becomes moot. Plaintiffs Gary Hauenstein and Gwen Hauenstein (collectively, plaintiffs), filed an unverified complaint on October 27, 2020, against defendants. Nationstar Mortgage Co. has since been dismissed as party. Plaintiffs advance six (6) causes of action ...

Excerpt: ...ventually to defendant Morgan Stanley Mortgage Loan Trust. On November 27, 2019, Morgan Stanley Loan Trust caused a Notice of Default and Election to Sell under the $74,000 deed of trust. On March 11, 2020, a Notice of Trustee's Sale was recorded for the $74,000 deed of trust. On January 12, 2021, plaintiff submitted a Complete Loan Modification Application (“LMA”) to defendant Specialized Loan Servicing LLC, (SLS) which provided loan service...

Excerpt: ...) (Lab. Code, § 2698, et seq.). Concerned the state labor laws were not being adequately enforced, the Legislature created a mechanism to deputize “aggrieved employee[s]” to pursue civil remedies. (Kim v. Reins International California, Inc. (2020) 9 Cal.5 th 73, 81.) This procedure allows the employee to pursue civil penalties for Labor Code violations committed by the employer against all aggrieved employees. (Lab. Code, § 2699, subd. (a)...

Excerpt: ...laintiff Sunbelt Rentals, which is a material and equipment supplier to the construction trade, to supply materials on credit for the improvement of 3333 Avena Road. (Complaint, ¶ 6, Exh. 3.) On April 30, 2018, BMI defaulted under the terms of the contract and $19,064.32 remains due, plus interest. On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic's lien against Gwen Hauenstein, Gary Hauenstein; and (2) breach of c...

Excerpt: ...operty is located at the southwest intersection of Betteravia Road and the 101 Freeway. It is currently occupied by Conserv Fuel and Popeye's Restaurant. However, at the time the ground lease was acquired, the Property and most of the surrounding land was farmland with little development. In 1971, GDC secured a sublease with Texaco to operate and rent a service station to be constructed on one parcel of the Property (the “Texaco Sublease”). A...

Excerpt: ...MB are currently in bankruptcy proceedings pending in the United States Bankruptcy Court for the Central District of California, Northern Division bearing Case No. 20-bk-11208-MB (“FMB's Bankruptcy Case”) and Case No. 20-bk-11263-MB (“Jaime's Bankruptcy Case”). Plaintiff obtained relief from the automatic stay in the FMB Bankruptcy Case for the express purpose of proceeding with this collection action. Plaintiff loaned FMB $750,000 on Jul...

Excerpt: ... that defendant filed a reply to each motion on May 18, 2021. Usually, this would be sufficient to permit review of the merits. But things are not as they appear. Code of Civil Procedure section 1005 requires that motions be served “and filed” at least 16 court days before the hearing (extended for service). (Code Civ. Proc., § 1005, subd. (b).) This timing requirement applies to both demurrers and motions to strike. The statute permits a tr...

Excerpt: ...nts) Filed September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing s...

Excerpt: ...described as “ADA Multi Trade” at Arbor Square Apartments, located at 800 North G Street, Lompoc, California (“Project”) for the price of $453,622.00. On or about July 16, 2020, Wilshire sent a “Notice of Termination” to Build It, terminating the Subcontract. At that time, there existed a past due balance of payments owed to Build It for the Project, which Wilshire has failed to pay. The FAC contains the following causes of action: (1...

Excerpt: ...tasked by the Business Committee to oversee and operate all tribal businesses, issued Resolution No. EB-15 declaring that the pandemic “is causing harm to people and the natural environment”, and that there “is an increasing occurrence of COVID-19 in California, Santa Barbara County, and the Santa Ynez Valley, which is causing physical loss or damage to property on or near tribal lands, including, without limitation, the Chumash Casino and ...

Excerpt: ... September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing several att...

Excerpt: ...r of violations of Government Code section 12940, et seq., including discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in good faith interactive process), declaratory relief, wrongful termination in violation of public policy, violations of wage and hour laws under the Labor Code (including unpaid overtime wages, failure to provide meal and rests periods...

Excerpt: ...with leave to amend on one ground only, directing petitioner to remove the Planning Commission as a party from this lawsuit (as to both causes of action), as it was involved only in preliminary determinations. The court overruled all other grounds advanced by respondents, for the reasons detailed in that order. Petitioners filed a second amended petition for writ of mandate, complying with the court's order, but adding a third cause of action for...

Excerpt: ... 5, 2016, in response to the Complaint filed by Rancho Ynecita Homeowners Association, James Nicholas filed a small claims suit against Rancho Ynecita Homeowners Association. Mr. Nicholas also named several individual members of that association as defendants. That case was dismissed by stipulation as noted in the Order After Hearing filed on August 5, 2020. On November 3, 2016, Rancho Ynecita Homeowners Association filed a motion for preliminary...

Excerpt: ...to her supervisor and to an additional supervisor in or around June 2017. Elkhorn did not rehire plaintiff after her second season of employment despite otherwise satisfactory work performance. Her complaint was filed on August 25, 2020, and alleged the following causes of action: (1) sexual harassment in violation of FEHA; and (2) retaliation in violation of FEHA. Defendant filed its demurrer on December 30, 2020, arguing that plaintiff had fail...

Excerpt: ...and amends a “Digest of Laws,” including its Constitution, By-Laws, Articles of Incorporation, and Grange Laws and Usage, all of which are binding upon all constituent units and individual members of the Order, including Subordinate Granges. A State Grange is subordinate to the National Grange. Each State Grange adopts and amends its own rules, which may not conflict with the Digest of Law and which are binding upon all members of the State G...

Excerpt: ...ubdivision (e), which prevents a homeowner association from prohibiting display of a political campaign sign; as well as violations of the Quail Meadow East Community Guidelines, 13.3 and 13.6 (hereafter, Guidelines); 2) in the second, a claimed violation of the Unruh Act pursuant to Civil Code section 51, et seq.; and 3) in the third, a claimed violation of Fair Employment and Housing Act (FEHA) pursuant to Government Code section 12955.8, by co...

Excerpt: ...e Nuns lived on the Ranch, and acted as agents for defendants and generally oversaw its management. V. Torres started living and working on the Lompoc Ranch on January 23, 2015. V. Torres Jr. started working on the Ranch in approximately February 2015 and started living on the Lompoc Ranch in approximately June of 2015. They constructed and repaired buildings and systems, performed maintenance, tended livestock, oversaw agricultural lands, and ge...

Excerpt: ...), and declaratory relief. In 2000, Lompoc and District entered into an “Annexation Agreement” in which the District would provide water and wastewater services to the residences (at that point undeveloped) that were part of the “Burton Ranch Project” (hereafter, the project). According to the first amended complaint, the project “is now at the point where water and wastewater services are needed[,]” and District does not have “and ...

Excerpt: ...n of privacy and unlawful eavesdropping in violation of Penal Code section 632 (Nohr defendants only); invasion of privacy – public disclosure of private facts (all defendants); intentional infliction of emotion distress (all defendants); and negligent infliction of emotional distress (all defendants). A) The Verified First Amended Complaint According to the first amended complaint, plaintiff, the Nohr defendants, and Bardessono are neighbors; ...

Excerpt: ...rnie's death, defendants Edgar Vea and Sonia Vea[1] and Alexander Lazo[2] developed an interest in having a closer relationship with Sophie, apparently with the objective of becoming beneficiaries of her estate. To that end:  Defendants allegedly made statements to the SMPD, prompting a welfare investigation on June 8, 2020, claiming Maribel attempted to force Ernie and Sophie to transfer title vehicles and/or real estate and further that Sonn...

Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...

Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...

Excerpt: ... §§ 1194 and 1198); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 20...

Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...