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2022.08.10 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...
2022.08.10 Motion for Judgment on the Pleadings 085
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...
2022.08.03 Motion to Vacate Court Order 044
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...
2022.08.03 Motion to Strike FAC 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...
2022.08.03 Demurrer to SAC 096
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...
2022.08.03 Demurrer to FACC 112
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...
2022.08.03 Demurrer 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...
2022.07.27 Motion to Quash 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...
2022.07.27 Motion to Compel Depositions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...tum, and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On November 30, 2018, Defendants filed an amended cross‐ complaint substituting Roe No. 40 for The Western Surety Company. On November 18, 2021, Mark Coffin, counsel for Defendants, emailed Notices of Deposition for: ...
2022.07.27 Motion for Leave to File SAP 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ... petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed a first amended petition (FAP) in July 2017. The FAP set forth the following causes of action: (1) Instructions as to Language of Trust; (2) Suspend and Remove Successor Trustee and Appointment of Successor Trustee; (3) Breach of Trust; (4) Breach of Fiduciary Duty; and (5) Compel Accounting. Trial was origin...
2022.07.13 Motion to Amend Complaint 337
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.13
Excerpt: ...plaint alleges that Lowry submitted his disability retirement application in February 2019, but the District failed to timely process it, and instead deemed him voluntarily resigned. The complaint alleges (1) wrongful discharge; (2) disability discrimination – failure to engage in good faith in the interactive process; (3) disability discrimination – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of ac...
2022.06.29 Demurrer 365
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.29
Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...
2022.06.29 Motion for Relief from Waiver 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.29
Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...
2022.06.22 Demurrer, Motion to Strike 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.22
Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...
2022.06.15 Motion to Continue Trial 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...
2022.06.15 Motion for Terminating Sanction, Issue Sanctions, and Monetary Sanctions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...
2022.06.15 Motion for Preliminary Approval of Class Action Settlement 501
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...mium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...
2022.06.15 Motion for Judgment on the Writ 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...
2022.06.08 Motion to Compel Further Responses 358
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.08
Excerpt: ...e Foster has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...
2022.06.08 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.08
Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...
2022.06.01 Motion for Summary Judgment, Adjudication 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ...(s) upon request by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit “A”. The Plaintiff has performed all conditions precedent to bringing this action or the same have bee...
2022.06.01 Motion for Reconsideration 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ... legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. On November 10, 2021, the Court sustained Defendants' demurrer to the complaint without leave to amend. Plaintiff now moves pursuant to Code of Civil Procedure section 10081 for reconsideration of this Court's order sustaining the demurrer (the “Order”). Plaintiff conten...
2022.06.01 Demurrer 399
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ...st, to construct and operate a hemp farm in Squaw Valley, California. (FAC, ¶¶ 5, 9.) Plaintiff alleges the parties agreed to split all costs and profits 50/50 and provide services to the partnership in equal percentages. (Id. at ¶ 7.) Plaintiff alleges the parties formed a company called Central Coast Hemp Company (the Company). (FAC, ¶ 8.) Plaintiff alleges the Company's articles of incorporation were filed with the California Secretary of ...
2022.05.25 Motion to File FAC 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.25
Excerpt: ...inda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the 2017 Trust); and Johnny Lawrence Newton (Newton), an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the 2017 Trust. Raelene Ramos and Bowlby are sisters. Their parents John and Thelma Hindmarsh settled the Irrevocable Trust and Revocabl...
2022.05.25 Motion to Enforce Settlement Agreement 624
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.25
Excerpt: ...bject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “Es...

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