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: ...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: ...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: ...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: ...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...