The Director of Developmental Services (the “Department” or “Director”) and Deborah Findley (“Findley”) have filed competing petitions for conservatorship for Findley’s son, Andrew Findley. The Department filed its Petition of Appointment of Probate Conservator of the Person on October 19, 2018 (the “Petition”). The Department filed its First Amended Petition of Appointment of Probate Conservator of the Person on December 11, 2018 (the “Amended Petition”.) The Court grants the Department’s reque
Background. On May 7, 2019, Velia Talamantes, Veronica Olivares, and Eulogio Espinoza, individually and on behalf of others similarly situated (collectively Plaintiffs), filed a lawsuit against Grand View Apartments, LLC, Ebrahim Madadi, Fahimeh Madadi, and Nicolle Davis (Defendants). Plaintiffs are tenants residing in the Grand View Apartments (the Property) in Paso Robles. Plaintiffs’ complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach
The tentative ruling will be available to the parties at the hearing on December 3, 2019.
No tentative is issued on this matter. The Court requests that the parties come prepared to discuss: 1. The Application addressing the property described in Exhibits 11 and 12 appear to address only one APN: 195-160-003-000, although there is the additional APN: 195- 160-004-000. 2. The effect of Tulare County Superior Court Action #VCU276462 on this Application and this action as a whole.
On March 27, 2019, H. Gale Kyle, Inc. dba Kyle Company Roofing (Plaintiff) filed this limited civil action against Ryan Perron (Defendant), alleging one cause of action for breach of contract. Plaintiff alleges that the parties entered into a contract whereby Plaintiff agreed to install roofing on a new residential building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4-6.)
On October 15, 2019, Bank of America, N.A. (Plaintiff) filed a lawsuit against Mohammad S. Khan (Defendant), alleging one cause of action for common counts. Plaintiff’s lawsuit seeks to recover $3,849.60 for an unpaid credit card balance. On February 1, 2019, after Defendant was served with the complaint, Plaintiff filed a notice of settlement of the entire case. Pursuant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff’s favor in the amount of $4,074,60, repr
...deposition. In opposition Defendants argue that this information is not relevant, that this is an invasion of their privacy, and that they have told Plaintiff they are willing to come to deposition in San Luis Obispo. Again, this is basic discovery. While Defendants did object here on grounds of privacy, Defendants have not shown that their current and past addresses are particularly sensitive information, and tha...
This action for damages was filed by Nicki Dana (“Plaintiff”) against Saralloyd Truax (“Defendant”) on June 14, 2019. The action arises out of a dispute over ownership rights in a dog pursuant to a contract between the parties. Defendant now moves to compel mediation on the ground that in the contract at issue in the complaint, the parties agree to mediate prior to submitting the matter for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation.
On September 19, 2019, O’Connor & Sons, Inc. (Plaintiff) filed this lawsuit against A-1 Construction Simmons Bros, Inc., Mark Simmons, and Rick Hatfield (collectively Defendants). Defendants responded by filing a demurrer, which is now before the Court. In response to the demurrer, Plaintiff filed a first amended complaint on November 13, 2019. Under Code of Civil Procedure section 472(a), after a demurrer is filed, a party may file an amended pleading without leave of court “if the amended plea
American Express Centurion Bank (“Plaintiff”) filed this credit card collection action against Kris Griffin, aka Kristion M Griffin, aka Kriston M Griffon, aka Kris M Griffin (“Defendant”) on February 27, 2018. In October 2018, the parties agreed to settle this matter and Plaintiff prepared a Stipulation for Conditional Entry of Judgment containing the terms agreed upon by the parties. Pursuant to the agreement, Defendant agreed to pay Plaintiff the total of $13,998.43, in monthly payments. The
In April 2018, Brian Conn (“Petitioner) doing business as Big Coast Skylights entered into an agreement with Kim Davis (“Respondent”) to perform labor in connection with a leak on a glass structure located on the roof of Respondent’s building. Petitioner states that a few weeks after the work was completed Respondent, who was unhappy with the outcome, unauthorized the $6,500 payment which had been made by credit card. Pursuant to the parties’ written contract, they attended binding private arbit
David Minser (“Plaintiff”) filed this action against Collect Access, LLC, First Select Inc. and the law firm Zee Law Group, PC (“ZLG”). The complaint alleges six causes of action, three of which are pleaded against ZLG: the first cause of action for violation of the Rosenthal Fair Debt Collection Practice Act, the third cause of action for civil conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove-up hearing, a default judg
...lawsuit filed by the same Plaintiffs in 2016 against the same Defendants. On February 1, 2016, Plaintiffs filed a lawsuit against the Eagle Defendants (and other Defendants who have since been dismissed), San Luis Obispo Superior Court Case No. 16CVP-0027 (the 2016 Action), alleging various causes of action relating to the Agreements and what Plaintiffs contend are the Eagle Defendants’ breaches thereof. After numerou...
Background. On July 19, 2019, Clyde Davis (Plaintiff) filed a lawsuit stylized as a “Petition for Writ of Mandate (Code of Civil Proc., §§ 1085, 1086 et seq.)” against Defendants J. Costelo – Warden, P. Denny – Assoc. Warden, Lt. Arebelo – Fox Yard Lieutenant, Sgt. McEwan – Fox Yard Sergeant, and the California Department of Corrections and Rehabilitation (CDCR). Plaintiff is currently an inmate at California Men’s Colony (CMC). Plaintiff alleges that, on July 2, 2018, the Investigative Service
Plaintiff Harry K. Sloan (“Plaintiff”) filed this action on October 17, 2018, alleging three causes of action; for (1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants Peoples’ Self-Help Housing Corporation (“PSHHC”) and The Duncan Group Corporation (“TDG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with pro
...corporation whose license is “administratively suspended,” but has “never formally dissolved.” (SAC, ¶ 3.) Plaintiffs allege that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (SAC, ¶ 4.) Plaintiffs allege they bring this lawsuit “on behalf of all persons similarly situated,” and that the class members are “persons who, on September 23, 2015, were creditors of RIG.” (SAC, ...
On August 16, 2019, Larry Curlee (Plaintiff) filed a complaint against John E. Odum (Defendant). Although somewhat unclear, it appears that Plaintiff is currently a patient at Coalinga State Hospital and is a participant in the Sex Offender Treatment Program (SOTP). (Plaintiff Decl., ¶ 1.) As part of this program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (
On September 5, 2019, Megan Rickson (Plaintiff) filed a civil harassment restraining order against Reda Hassan Abbas (Defendant). On October 11, 2019, this Court held a hearing on Plaintiff’s request for a restraining order, and both Plaintiff and Defendant were questioned under oath. At the conclusion of the hearing, the Court denied Plaintiff’s request for a restraining order. Now, before the Court is Defendant’s motion for attorney’s fees. The motion is unopposed. Section 527.6 of the Code of
On July 17, 2019, Carly Arace (“Arace”) filed a request for a restraining order against her neighbor, Marilee Drew (“Drew”). That same day, Drew also filed a request for a restraining order against Arace (Case No. 19CV-0421). The Court held a hearing on both petitions on July 29, 2019. After hearing the parties’ testimony, the Court granted Arace’s request for a restraining order, denied Drew’s request, and signed an Order After Hearing for Arace. An amended order was signed on August 15, 2019.
On September 23, 2018, Monica Berrio (“Plaintiff”) filed this action alleging negligence against Virginia Blackwell, Danielle Blackwell, Rasier-CA, LLC, and Uber Technologies, Inc. The dispute arises out of a motor vehicle collision on October 12, 2016. Plaintiff filed a Notice of Settlement on May 16, 2019, and an amended complaint (per stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier-CA, LLC (t
A. BACKGROUND On November 27, 2018, Sterling Pacific Lending, Inc. (“Sterling”) filed this action against IVDC, LLC (“IVDC”) and Gerald Robinson (collectively with IVDC, “Defendants”). The complaint seeks damages for breach of contract, a judicial foreclosure, and appointment of a receiver as well as states claims for money lent and account stated. A first amended complaint filed on October 30, 2019 added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross-comp
Appearances required. Courtcall approved.
The Court’s tentative ruling will be handed out at the hearing.
This matter is off calendar.
Procedural History. Plaintiffs The Wine Country Gateway Recreational Vehicle Park, LLC (WCG), Abby Allen dba Templeton Market & Deli, Templeton Market & Deli, Inc. (Templeton), John Letters dba Santa Maria Wash & Lube, and Letters, Inc. (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the excl