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: ...) (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)...