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2020.02.19 Applications for Right to Attach Order and Writs of Attachment 702
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ...intiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff has filed ...
2020.02.05 Motion to Compel Arbitration 395
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.05
Excerpt: ...laint [FAC], ¶¶ 5, 7.) Plaintiff's FAC includes causes of action for (1) penalties under the Private Attorneys General Act (PAGA); (2) meal period violations; (3) rest period violations; (4) wage and hour violations; (5) wage statement penalty; (6) waiting time penalty; and (6) unfair competition. On November 30, 2017, Plaintiff signed a Mediation and Arbitration Agreement (the Agreement), wherein she agreed to arbitrate certain disputes arisin...
2020.02.05 Motion to Compel Responses 242
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.05
Excerpt: ...n (Objector) is a trust beneficiary and filed an objection to the petition. On May 24, 2019, Petitioner served interrogatories (Ex. A), form interrogatories (Ex. B), requests for admission (Ex. C), and requests for production of documents (Ex. D), on Objector. Now before the Court is Petitioner's motion for an order compelling Objector to respond to the interrogatories, form interrogatories, requests for admission (RFAs), and requests for product...
2020.01.29 Writ of Administrative Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only r...
2020.01.29 Motion to Bifurcate 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...
2020.01.29 Motion for Preliminary Approval of Class Action Settlement 672
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...
2020.01.29 Demurrer 391
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...
2020.01.22 Motion for Preliminary Injunction 720
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.22
Excerpt: ...r competition; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) civil conspiracy; (7) breach of contract (against the Hive, only); and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11,...
2020.01.22 Motion for Payment of Costs for Service of Process 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.22
Excerpt: ...obate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”).1 According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A, B, and C; and Harris is ...
2020.01.15 Demurrer, Motion to Strike 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ..., Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group3 that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil ...
2020.01.15 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...
2020.01.15 Motion to Bifurcate, for Leave to File Amended Complaint 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: .... Sandra1 is John's sister and JoAnn's daughter. She and her daughter, Madelyn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ ...
2020.01.15 Motion to Compel Depositions of Third Parties 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ...ibben (“Petitioner”), filed a petition 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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by f...
2020.01.08 Writ of Administrative Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ts First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only re...
2020.01.08 Motion to Strike Motion to Enforce No Contest Clause 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...
2020.01.08 Motion to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...cKibben (“Petitioner”), filed a petition 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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by...
2020.01.08 Motion to Compel Deposition 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...
2019.9.18 Motion to Set Aside Default 792
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.18
Excerpt: ... Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before this Court. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitration Program, requesting a non‐ binding arbitration (the A...
2019.9.4 Motion to Compel Further Responses 018
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ... degree burns on her torso and left arm and minor burns to her hands. On January 8, 2018, Mrs. Clarke and her husband, Robert Clarke (collectively, the “Clarkes”), filed this personal injury and fraud action against Unilever, United States, Inc. (“Unilever”) and Thrifty Payless, Inc. dba Rite Aid, Inc. On April 17, 2019, Unilever propounded Requests for Admissions (“RFAs”) on Mrs. Clarke. Mrs. Clarke responded on May 22, 2019. Unileve...
2019.9.4 Motion for Summary Judgment, Adjudication 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ...y”). Cambria was Plaintiff's broker, and Koontz, also a broker, worked for Cambria. (Singh Decl., Ex. 2.)1 Plaintiff states that she was looking for a piece of large property on which she could build a home for herself and her fiancé (now husband), a separate home for her parents, and other parcels that they could subdivide and sell to finance the purchase and building costs. (Singh Decl., ¶ 9.) Plaintiff states that neither she nor her husba...
2019.9.4 Motion for Summary Judgment 415
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ... the Labor code, Fair Employment and Housing Act (“FEHA”), and Business and Professions Code. Plaintiff's SAC alleges that he worked as a security guard for Inter‐Con on properties owned and operated by defendant Cal‐Trans from approximately July 2012 through his termination on or about September 2015. (SAC, ¶ 13.) On or about November 6, 2013, Plaintiff emailed his immediate supervisor, Phillips regarding Bryan Duvall1 , who Plaintiff p...
2019.9.4 Demurrer, Motion to Strike 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ...which relates to a pet store operator's ability to sell live animals. Health and Safety Code section 122354.5 (Section 122354.5) codifies AB 485, and went into effect January 1, 2019. (4 Witkin, Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to a...
2019.9.4 Demurrer 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ... injunctive relief and constructive trust (the “Complaint”). Plaintiffs' first cause of action is alleged against all Defendants; the other four causes of action do not name specific defendants, but apparently are directed against all defendants. Roberta Chavez (“Chavez”) now demurs to the Complaint pursuant to Code of Civil Procedure section 430.10(e) on the grounds that none of the causes of action in the Complaint state facts sufficien...
2019.9.4 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.9.4
Excerpt: ...ts sufficient to constitute a cause of action and for uncertainty. (Code Civ. Proc., §§ 430.10(e), (f).) The complaint alleges that unidentified individuals hacked the email account of Plaintiffs' real estate agent, causing Plaintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA alleges that the causes of action against it f...
2019.8.21 Motion for Summary Adjudication 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...
2019.8.21 Motion to Strike 090
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Excerpt: ...II (the “Driver”) made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate, sending Plaintiff's vehicle into a roll. The SAC alleges that the Driver had been operating his vehicle, a 75,000 pound, ten‐wheel, two‐ axel, specialized truck, “erratically” from the Grand Avenue off‐ramp in San Luis Obispo to the scene of the accident near At...
2019.8.21 Petition for Writ of Mandate 412
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Excerpt: ... compliance with all applicable state and federal requirements, and encourages administrative efficiency.” (Welf. & Inst. Code1 , § 14126.02.) In 2010, the Legislature amended the Act and enacted legislation that required Department of Health Care Services (DHCS), which administers the Medi‐Cal program, to create the Quality and Accountability Supplemental Payment (QASP) program, which provides supplemental payments to skilled nursing facili...
2019.8.14 Motion for Change of Venue 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...
2019.8.14 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...
2019.7.31 Motion for Summary Judgment, Adjudication 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...
2019.7.31 Motion for Judgment on the Pleadings, for Physical Solution 041
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...
2019.7.24 Motion for Leave to Amend 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...s the lessor, and the LP as the landlord. Plaintiff's third amended complaint (“TAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. The Court previously sustained a demurrer to the fourth cause of actio...
2019.7.24 Motion to Vacate and Set Aside Entry of Default, Judgment 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...rds, accounting, and dissolution and winding up of limited partnership. On October 12, 2018, Defendants filed a stipulation between the parties to stay the action pending a written agreement to arbitrate the matter, and to continue the case management conference. The order was entered the same day. On December 19, 2018, Defendants' counsel filed motions to be relieved as counsel. The motions were heard and granted on January 16, 2019. At that hea...
2019.7.10 Demurrer 200
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ses of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...
2019.7.10 Motion for Summary Judgment 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Pr...
2019.7.10 Motion for Attorneys' Fees, for Final Approval of Settlement 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...
2019.7.10 Motion for Terminating Sanctions 339
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...
2019.7.3 Motion for Leave to File Complaint, to Consolidate 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...ief. Plaintiff's allegations stem from Defendant's demands that Plaintiff vacate certain residential property located at 1520 Hogan Court, Nipomo, California (the Property). The Property was owned by Defendant's late father, Wayne E. Hoyt (Decedent). In her complaint, Plaintiff alleges that she was Decedent's fiancée and resided with him at the Property since February 2018. (Compl., ¶¶ 6, 8.) Plaintiff alleges that before moving in with Decede...
2019.7.3 Motion to Strike 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...
2019.7.3 Motion to Strike and Demurrer 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...
2019.6.19 Motion to Vacate Default Judgment 672
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...aintiff improperly advised them to waive their homestead exemption in their bankruptcy proceeding. When Defendants did not appear at the trial readiness conference, the case was dismissed with prejudice, and judgment was entered for Plaintiff on July 5, 2016. On August 29, 2017, Plaintiff filed the instant lawsuit, asserting one cause of action for malicious prosecution. Defendants filed a special motion to strike under Code of Civil Procedure se...
2019.6.19 Motion to Compel Discovery Responses 339
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...eufeld and Michael Neufeld (collectively, “Defendants”) were named as Defendants in both complaints. Defendants clarify that the accident occurred on June 9, 2016, and that Beeson was a passenger in Haggarty's vehicle. The Court consolidated the matters on April 17, 2019. On February 1, 2019, Defendants served on Beeson (a) form interrogatories; (b) special interrogatories; (c) requests for production; and (d) a request for statement of damag...
2019.6.19 Motion for Stay of Enforcement of Judgment 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...n and winding up of a limited partnership. Defendants' default was entered on February 8, 2019. The Court held a prove‐up hearing on May 6, 2019,1 and entered judgment in Plaintiff's favor on May 9, 2019, in the amount of $593,080.43. Defendants now seek to stay enforcement of the judgment pursuant to Code of Civil Procedure section 918.2 Defendants seek the stay to allow time for the Court to hear post‐trial motions, including a Motion to Va...
2019.6.5 Motion for Writ of Attachment, for Attorney's Fees 111
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...e of an elder (Welf. & Inst. Code, § 15610.30); and (3) conversion. (Amended Compl., ¶ 8.) This lawsuit was tried before the Court on March 26 and 27, 2019. On April 17, 2019, the Court issued a Statement of Decision. As outlined in the Statement of Decision, Plaintiff resided in Defendant's mobile home in Los Osos from March 2015 through the end of December, 2017. At the time of the lease, Plaintiff was over the age of 65, and the mobile home ...
2019.6.5 Motion for Summary Judgment, Adjudication 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...iled.2 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burden shifts to Defendant to produce admissible evidence showing the existence of a triable issue of material fact or a defense thereto. (Id. at § 437c(p)...
2019.6.5 Motion for Summary Judgment 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...‐certified urologist providing health care services to patients in San Luis Obispo County, including patients seen in the emergency rooms at French Hospital and Arroyo Grande Hospital. (Compl., ¶ 6.) Plaintiff alleges that Defendant is a medical group whose physicians also provide services throughout the County and at French and Arroyo Grande Hospitals. (Compl., ¶ 7.) Plaintiff alleges he was and is required to provide “on‐call urology se...
2019.6.5 Motion for Protective Order 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...ranty of merchantability, and (6) violation of Business and Professions Code section 17200. Plaintiffs allege they purchased a Winnebago Vista (the Vehicle) manufactured and/or distributed by Defendant, and that the Vehicle contained or developed defect(s), including the recurrent and substantial leakage of flammable propane gases into the cabin. (Compl., ¶¶ 4, 6.) On August 8, 2018, Defendant served a request for production of documents, inclu...
2019.6.5 Motion for Leave to File Complaint 858
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...e section 426.50. The proposed cross‐complaint alleges that the Cliffs' HVAC system failed as a result of Polar Bear's negligence. The proposed cross‐complaint would reclassify this matter as an unlimited civil action, and, in addition to naming Polar Bear as a cross‐defendant, name two additional cross‐ defendants, Johnson‐Controls, Inc. and Aqua Systems, Inc. In general, a party is required to file a cross‐complaint before or at the...
2019.6.5 Demurrer 782
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...
2019.6.5 Demurrer 108
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...

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