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: ...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...