Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...

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...

Excerpt: ...ion for: (1) breach of written contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) unfair business practices in violation of Business & Professions Code; (5) constructive trust; (6) equitable lien; (7) resulting trust; (8) declaratory relief. On November 15, 2019, plaintiff filed a Notice of Settlement of Entire Case. On November 18, 2019, plaintiff filed a Stipulation and Order for Court to Retain Jurisdiction. Plai...

Excerpt: ...t between March 20, 2017 and November 27, 2017, she provided farm labor contractor services to defendants at defendant's request, and defendant presently owes $141,944.26, plus interest, and has not paid. Defendant answered on July 3, 2020. On November 27, 2019, this court ordered the case related to Gudino v. Hernandez, et al., Case No. 19CV03736 (in which there is also a request for a pretrial writ of attachment). Meanwhile, on October 29, 2019...

Excerpt: ...2940, et seq.) ; declaratory judgment; wrongful termination in violation of public policy; and numerous wage and hour violations, including unpaid overtime, failure to provide meal and rest periods, failure to pay final wages in timely manner, noncompliant wage statements, and violation of Unfair Competition per Business and Professions Code section 17200, et seq. Plaintiff worked for defendant as an “intake specialist,” starting January 27, ...

Excerpt: ...as an easement over defendant's parcel for ingress, egress and driveway purposes. Plaintiff alleges that since the time the easement was created, conditions surrounding its use and scope have changed. There is currently no gate at the entrance of the easement, where the driveway meets Edison Road. Plaintiff has experienced trespassers and prowlers on her property, which she alleges are the result of the ungated driveway easement. Plaintiff seeks ...

Excerpt: ... augment the record. On August 24, 2020, the court allowed additional briefing. Petitioner's additional brief was filed September 4, 2020 and County's was filed September 9, 2020. Whether the present petition is for traditional mandamus (Code Civ. Proc., § 1085) or for administrative mandamus (Code Civ. Proc., § 1094.5), the court's review of a governmental agency's actions or decisions is generally limited to the administrative record. Public ...

Excerpt: ...rthern Division, issued an order indicating that “there is no stay in this case prohibiting the enforcement of a final judgment against Salvatore Espresso Systems, Inc.” The bankruptcy court also lifted any stay involving the individual debtors Salvatore Cisaria and Wendy Stephen, meaning the motion on calendar today can go forward against them as well, although enforcement of any judgment must be made/advanced through the bankruptcy proceedi...

Excerpt: ...d Farmer. Further, Farmer requests that the Court retain jurisdiction to enforce this settlement pursuant to Code of Procedure section 664.6. This motion is made pursuant to Code of Civil Procedure section 664.6 and on the grounds that: the parties' claims have been addressed in the Settlement, which is fair and equitable for the parties, as well as for the potential beneficiaries of the Carrari Family Trust.” (Emphasis added.) Both the notice ...

Excerpt: ...ned community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. [Citations.] In turn, the ‘community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the...

Excerpt: ... are what appear to be two written agreements, consummated between June 20, 2010, and July 1, 2019, titled “Farm Labor Contractor H-2A Services Agreement[.]” In the first agreement, plaintiff agreed to provide defendant 50 farm workers through its “2019 H-2A” program. In the second agreement, plaintiff agreed to provide defendant an additional 70 H-2A workers. Plaintiff alleges that defendant “failed to pay . . . for services under the ...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ...nd 1197) ; 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...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ...vies. Judgment creditor now seeks an order of assignment to satisfy the judgment, specifically of payments from third party merchant service providers or payment settlement entities such as Intuit Payment Solutions, Elavon, Inc. and American Express Travel Related Services. 1 1 Judgment creditor represents that in 2018, Arcadian Winery received payments from these entities totaling $136,756.92. Code of Civil Procedure section 708.510 provides, up...

Excerpt: ... 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. On Calendar Defendant Investment Concepts, Inc. moves for an order compelling arbitration. The hearing was set for January 28, 2020. Opposition was filed on January 14, 2020. Rep...

Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...

Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...

Excerpt: ... $99,000.00 to plaintiff and the following: “Ford will additionally pay Plaintiff's attorneys' fees, expenses and costs in the amount of $5,000.00 or, should the $5,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorneys' fees, expenses and costs reasonably incurred by Plaintiff s counsel in the commencement and prosecution of this action...

Excerpt: ...n near the accident, causing the collision. Plaintiff filed a complaint for negligence on May 23, 2019 against Nohemi Duran Vega, Jordana Marketing, and Maria Gonzalez. Defendants Jordana Marketing, Inc. and Maria Gonzales filed a cross-complaint on August 14, 2019, against Nohemi Duran Vega. On August 23, 2019, plaintiff dismissed Nohemi Duran Vega from her complaint. Nohemi Duran Vega subsequently filed an application for determination of good ...

Excerpt: ...”) entered into a contract with defendants on February 21, 2015, for legal services related to this real estate matter. On June 9, 2015, Association filed a complaint, which was assigned to Department 1, Judge Staffel (15CV02091). On September 5, 2015, Law Firm and defendants entered into another agreement to include litigation services. On August 17, 2017, Law Firm substituted out as counsel in Case No. 15CV02091. On August 22, 2019, Law Firm ...

Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...

Excerpt: ...ernative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” This is plaintiff's third attempt to allege facts that are sufficient to support this cause of action. Defendant demurs. As is relevant to the demurrer, Plaintiff alleges: “Plaintiff also repeatedly demanded a "single-point of contact" be assigned by...

Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...

Excerpt: ...e area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy the property and develop to grow cannabis. In July 2017, plaintiffs 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 the parties entered into a lease agreement from July 15, 2017 through January 15, 2...

Excerpt: ...60.69 from Solvang Brewing Co. and Stephen M. Renfrow. Notice of Appeal[1] was timely filed with this court on July 3, 2019. (Lab. Code, § 98.2.) On July 5, 2019, Solvang Brewery filed a motion for an order waiving the requirement of a bond. Opposition was filed on August 7, 2019 and reply on August 13, 2019. As a condition to filing an appeal, an employer seeking de novo judicial review of a Labor Commissioner's order “shall first post an...

Excerpt: ...lack of ADA-compliant parking. The complaint was served on Western & Main Street Drive In Liquor on October 5, 2018 by substituted service and on Taian Muneef on October 12, 2018 by substituted service. (See Proofs of Service filed on November 5, 2018 [Western & Main Street Drive In Liquor] and November 28, 2018 [Taian Muneef].) Neither defendant filed an answer or other responsive pleading. On January 21, 2019, default was entered as requested a...

Excerpt: ...ed complaint, and causes of action advanced in (essentially) the first amended cross-complaint. As to the 2005 Easement Grant motion, the court grants summary adjudication to the Second, Sixth, Eighth, Tenth, Eleventh and Twelfth causes of action involving Sine Qua Non, Inc., and Molly Aida, Inc. only, advanced in the first amended cross-complaint. The court denies the summary adjudication motion as to two causes of action for quiet title and dec...

Excerpt: ...h, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. Case No. 17CV00636 [Retained Sponge Lawsuit] On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Sur...

Excerpt: ... In a written ”Statement of Decision” signed and entered on May 17, 2019, the court denied plaintiff's request for a continuance and granted defendants' motion for summary judgment, among other things. The “Statement of Decision” (the order) was mailed to the parties on May 20, 2019, as evidenced by the clerk's certificate of mailing. The court thereafter signed and entered judgment on June 3, 2019. Defendants sent notice of entry of judg...

Excerpt: ...t defaulted on his obligation to repay pursuant to the terms of the agreement. The sum of $26,228.04 is now owing. Plaintiff alleges the following causes of action: (1) breach of agreement; (2) open book account; and (3) account stated. Plaintiff moves for summary judgment or alternatively for adjudication of issues. Opposition has been filed, including evidentiary objections, as well as a reply. Legal Standards The rules governing how courts ass...

Excerpt: ...ining of vertigo. Dr. Okerblom recommended, among other things, that plaintiff consult with defendant Dr. Peter Garcia (“Dr. Garcia”) of defendant Dignity Health (together, “defendants.”) Plaintiff saw Dr. Garcia on August 31, 2017. She complained of compulsive gambling, which is a side effect associated with Abilify. At the time, she was taking 10 mg. of Abilify per day. The treatment plan was to proceed with a trial decrease of Abilify ...

Excerpt: ...tness observed “black smoke coming from the hood area of the [2004 Acura MDX].” The witness then noticed sparks coming from “underneath the vehicle.” The fire was quickly extinguished, although substantial damage to the vehicle ensued. According to the complaint, the “fire was determined to have started in the engine compartment where there was a malfunction with the vehicle.” Plaintiff contends in the operative pleading that defendan...

Excerpt: ...ty of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allegedly “c...

Excerpt: ... not capable of judicial notice. (See Evid. Code, §§ 451-452.) Moreover, absent compelling reason otherwise, the court takes judicial notice of the case records as they exist through the San Luis Obispo Superior Court Attorney Portal. San Luis Obispo Superior Court Case No. 17CVP-0260 (“SLO Case”) On September 28, 2017, Frank Macciola and Domenica Macciola as trustees of the Macciola Trust, James Cella, Holly Lundbeck, trustee of the Holly ...

Excerpt: ...8 and continued by request of the parties to allow them an opportunity to complete necessary discovery and due to trial conflicts of defendants' counsel. Trial was continued to April 2, 2018. Trial was again continued to August 27, 2018 by the parties' request to allow them to complete a vehicle inspection and due to trial conflicts of plaintiffs' counsel. The parties again requested a trial continuance because the vehicle inspection was only com...

Excerpt: ...unt of $50,000. The bond was cancelled on July 2, 2018 with an effective cancellation date of August 4, 2018. Numerous claims of which the aggregate exceeds $50,000 have been submitted to Hudson seeking recovery of damages and losses. The claims allegedly occurred during the pendency of the Hudson bond. Consequently, Hudson filed its complaint in interpleader on August 2, 2018 pursuant to Code of Civil Procedure Section 386, subdivision (b). Huds...

Excerpt: ...onal Medical Center, where it was discovered that as a result of the fall, Charles suffered multiple fractures to his left hip. On November 10, 2018, he passed away. On November 21, 2018, this complaint was filed by Charles' successor in interest, Lee Levins, against Dignity Health, alleging the following causes of action: (1) elder abuse; and (2) negligent hiring and supervision. On April 16, 2019, the court set aside the default of Dignity Heal...

Excerpt: ... defaulted, and presently owes $2,573.42, plus costs and fees. Plaintiff alleges it is the successor-in-interest to Citibank. On May 3, 2019, defendant filed an answer on standard Judicial Council forms. He admitted all the statements in the complaint. In addition, he alleges: "I have been unable to work because of my disability as a result of a work incident. I also have been unable to receive my worker comp." (Answer, ¶ 5.) In his pray...

Excerpt: ...q., a violation of Business and Professions Code section 17500, et seq., and a violation of the California Consumer Legal Remedies Act. Briefly, defendants allegedly sold a defective automobile to plaintiffs pursuant to a vehicle purchase agreement without disclosing the defects. The matter was originally filed in Santa Barbara, but was transferred to this court on February 21, 2019. Defendants have filed a joint motion to compel arbitration purs...

Excerpt: ...rs Bill of Rights and a violation of T.I.L.A. The court sustained the demurrer with leave to amend as to the Homeowners Bill of Rights violation under Civil Code section 2923.7 as there were no facts to show that the group of three were anything but a single point of contact as contemplated by the statutory scheme. The court sustained the T.I.L.A. violation as to defendant Specialized Loan Serving without leave to amend, as it was not the owner o...

Excerpt: ...intiff.” Presumably, this involves a default on a consumer credit debt. Defendant filed an answer on standard Judicial Council forms, as follows: “Defendant admits that all of the statements in the complaint . . . are true EXCEPT: [¶] Defendant claims the following statements are false []: “None.” Defendant prays for the following: “I'm willing to pay $1,000 right away and would like to make payment arrangements for the remaining balan...

Excerpt: ... to five other owners as follows: The complaint requests partition by sale. A preliminary report performed by Chicago Title Company and dated July 23, 2016 is attached to the complaint which appears to confirm the alleged ownership interests. . Discussion Regarding Status of the Parties An Answer was filed by Stephen Gabbert, Nora Minnies (Fox), and Thomas Gabbert collectively, all of whom deny knowing the exact percentage of the interests owned ...

Excerpt: ...ir competition when it failed to expressly indicate in its advertising that nonmembers could purchase numerous categories of goods and services. But for this omission, contends plaintiff, he would not have purchased his $60 membership on July 7, 2017. Defendant has filed a motion for summary judgment as to both causes of action, claiming there is no evidence to show it engaged in false or misleading advertising; plaintiff cannot show he suffered ...

Excerpt: ... involves real property situated at 9235 Alisos Canyon Road, Los Alamos, California, known as Parcel 3 of Parcel Map No. 14,267 as filed in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"), including a strip of vineyard land. Krankl alleges that since August 2014, defendant Rowles has engaged in a pattern of encroachment and subtle interference with Krankl's easement rights. On August 17, 2018, Rowles filed a verified cross-complaint ...

Excerpt: ...ad by locking “one or more gates,” thereby preventing Louderbacks' use of the access road. Louderbacks ask the court to restore and preserve access to and from their property over the access road through Walking U Ranch's property. The Louderbacks filed their second amended complaint on June 1, 2018, against defendants Walking U Ranch, as well as all others who hold any interest in an near Miranda Canyon and Cuyama Valley, alleging causes of ...

Excerpt: ...e property of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allege...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ... failed to appear on November 9, 2017, the warrant issued, and the court ordered John Richards be held on $10,000 bail. He was ultimately arraigned on February 21, 2018, and released on a $10,000 bail bond (ending in #6689) submitted by Lexington National Insurance Corporation (“Lexington”) on February 23, 2018. On March 5, 2019, a second bond in the amount of $10,000 (ending in #1759) was submitted by Lexington on behalf of the defendant. On...