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: ...ct). On July 3, 2017, Evenson and Ploutz Construction entered into a written Subcontract Agreement in the amount of $176,000.00 in which Evenson agreed to perform work for the Project. The scope of the work was subsequently modified and the contract amount reduced to $156,617.61. Ploutz Construction paid $35,000 to Evenson, and failed to pay the balance. On April 9, 2019, Evenson filed an amended complaint against Jeff Ploutz Construction, Inc., ...

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: ...ecords is not subject to judicial notice. (Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun v. Superior Court, 218 Cal.App.4th 577, 597, 160 Cal.Rptr.3d 285, 41 Media L. Rep. (BNA) 2492 (1st Dist. 2013).). Unfortunately the classic statement of this rule contains one significant exception: judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of...

Excerpt: ... exiting Brick Barn's commercial establishment when “suddenly and without warning [he] fell down the exterior stairs to the parking lot,” causing serious injuries. Plaintiff contends Brick Barn, as owner, failed to maintain the premises in reasonably safe condition, failed to provide adequate lighting, otherwise failed to construct/maintain the exterior stairs in line with existing safety standards, and failed to warn of the danger the stairs...

Excerpt: ... and shortness of breath, 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. On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Surgical Associates, Dign...

Excerpt: ...e police station, he was detained in the vehicle where the police officers rolled up the windows and told him he would be punished if he asked for water and help. He was dehydrated and had another panic attack. The complaint alleges the following causes of action against the city of Santa Maria: (1) general negligence; and (2) intentional tort.[1] The City of Santa Maria (“City”) demurred to the complaint on the basis that plaintiff failed to...

Excerpt: ...ly fashion. Plaintiffs made a down payment of $9,604 and a progress payment of $12,000.00. Defendants answered on August 4, 2017. On February 21, 2018, Plaintiffs filed a Notice of Settlement of Entire Case. The case was not dismissed. On February 13, 2019, Plaintiffs filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure section 664.6, a declaration from Kenneth Rideout, and a proposed order. Defendants were se...

Excerpt: ...bility; 2) failure to accommodate under Government Code section 12940, subdivision (m); 3) failure to engage in interactive process in violation of Government Code section 12940, subdivision (n); and 4) retaliation in violation of Government Code section 12940, subdivision (h). Defendant has filed a motion for summary judgment/adjudication against all four causes of action. According to defendant, there is no evidence – and plaintiff cannot sho...

Excerpt: ...clerk was entered on September 17, 2009, for $3,254.05. On November 22, 2018, plaintiff applied for a renewal of judgment, and notice of renewal was sent to the debtor on February 1, 2019. On February 26, 2019, plaintiff creditor filed a notice of hearing on claim of exemption (for hearing on March 12, 2019), along with the opposition to the claim of exemption. The levying officer (the Santa Barbara County Sheriff) filed the claim of exemption pa...

Excerpt: ...014. Attached to the complaint are two exhibits: 1) Exhibit A consists of bill statement by “PayPal Smart Connect” to defendant for $1,188.46 on account number ending in 1803, with a closing date of November 4, 2016; this documents indicates that defendant made a $45 payment on October 25, 2016; 2) Exhibit B consists of a bill statement by “PayPal Smart Connect” to defendant for $1,563.09 on account number ending in 1803, with a closing d...

Excerpt: ...al denial. On November 1, 2018, plaintiff filed a motion for summary judgment or, in the alternative, summary adjudication. Plaintiff contends that it has established all elements of the common count causes of action by undisputed evidence. Plaintiff served the motion on defendant on October 31, 2018. Defendant has not filed opposition. The court grants plaintiff's unopposed request to take judicial notice of Exhibit JN-1 (Title 15 U.S.C. § 1666...

Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...

Excerpt: ...urt's review of the motion work, coupled with the new schedule for motions and the site visit confirmed at the July 27, 2018 chambers conference (as reflected in the minute order), the court continues both summary adjudication motions to November 6, 2018, with the court trial date now scheduled for January 7, 2019. The reasons for this course of action are multifaceted. Initially, the court observes that the summary adjudication motions were file...

Excerpt: ...fter February 27, 2015, owing $1,433.60. Arganda was served with the summons and complaint on April 20, 2017, by substituted service. Before an answer was filed, plaintiff filed a “Notice of Settlement of Entire Case” on July 13, 2017. The complaint has not been voluntary withdrawn or dismissed (and thus remains operative). On June 27, 2018, plaintiff filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure se...

Excerpt: ...nd presently owes $6,001.45, plus costs and fees. A 13-page customer agreement is attached to the complaint. On February 22, 2018, defendant filed an answer on standard Judicial Council forms. She did not provide a general denial or any affirmative defenses. Instead, under the item 3(b), she checked the following box: “Defendant admits that all of the statements of the complaint . . . are true EXCEPT:” She identifies nothing false in plaintif...

Excerpt: ... for a motion to quash and for a protective order, following the issuance of three (3) subpoenas duces tecum by defendant served on Rabobank, asking for documents involving WUR, Inc., John Louderback, and Jacqueline Louderback. According to the relevant two subpoenas at issue, defendants seek five (5) categories of documents about the loan application, origination document, loan correspondence, etc. involving plaintiff's original Loan No. 08-2906...

Excerpt: ...led in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"). Defendant Rowles Holdings LLC is a California limited liability company ("LLC") and it owns, and has owned since August 2014, real property known as Parcel 2 of Parcel Map No. 14,267 ("Parcel 2"). Parcel 2 lies in between Parcel 3 and Alisos Canyon Road. Plaintiffs acquired Parcel 3 in March 2010, from Richard J. Nash and Susanna W. Nash, and at the time, Plaintiffs ...

Excerpt: ...acts sufficient to support the cause of action. The parties have complied with the meet and confer requirements of Code of Civil Procedure section 430.41, although the declaration in support reveals continuing hostility between the parties. Intentional interference with prospective economic advantage requires plaintiff to prove the following elements: 1) plaintiff and a third party were in an economic relationship that probably would have resulte...

Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...

Excerpt: ...nce, slander of title, unfair competition, and intentional interference with prospective economic advantage). The ensuing weeks will see the following motions on calendar: 1) on July 24, 2018, a demurrer by defendants as to the seventh cause of action; 2) on July 31, 2018, a motion to quash a subpoena filed by plaintiffs; 3) on August 14, 2018, two summary judgment/adjudication motions filed by defendants; and 4) a jury trial scheduled for Septem...

Excerpt: ..., venue is proper here because defendant's last known address was in Lompoc. A summons was issued on July 27, 2016, although it does not appear defendant has been served with the complaint, and defendant has not otherwise made a general appearance. On June 4, 2018, plaintiff Absolute filed the present motion for change of venue, pursuant to Code of Civil Procedure section 395. Plaintiff asks the court to transfer the matter to the San Luis Obispo...

Excerpt: ...tes: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” (Ibid.) That language does not authorize the type of attack Defendants attempt on the Second Amended Complaint (SAC) with this motion. In fact, the only statutory basis for a “motion to dismiss” under California Law is found in CCP section 389(b) (nonjoinder of necessary parties) and CCP sections 581, 583.110 et seq (...

Excerpt: ...environment) (Toyota and Deriso) 3) gender discrimination (and harassment) (all three defendants); 4) age discrimination (Toyota and Garcia); 5 and 6) two counts of retaliation, respectively (Toyota only as to both counts); 7) assault (Toyota and Garcia); 8) failure to provide rest periods (Toyota only); 9) negligence (Toyota only) ; and 10) intentional infliction of emotional distress (all three defendants). Briefly, Carl Deriso is the Toyota's ...

Excerpt: ...nic funds transfer from a checking account owned by her boyfriend, William Hutchinson. The policy period was to begin on December 20, 2016 and end on June 20, 2017. The electronic funds transfer was not set up properly and the policy was cancelled. A rescission notice was mailed to Torres on Friday, January 6, 2017. On Sunday, January 8, 2017, Torres had a car accident. She received the rescission notice on January 9, 2017. On that same date, Tor...