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2024.03.27 Motion for Preliminary Injunction 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...
2024.03.27 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...
2024.03.20 Demurrer to FAC 250
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.20
Excerpt: ...rs. The three plaintiffs are the adult children of Pyong Yun Song (Decedent). On April 13, 2023, Plaintiffs filed a FAC, alleging nine causes of action. Two causes of action are alleged against the State: the eighth cause of action for dangerous condition of public property, and the ninth cause of action for public employee/contractor liability for dangerous condition (a new cause of action in the FAC that was not included in the original compla...
2024.03.13 Motion for Reconsideration of Summary Judgment Ruling, to File Amended Statements of Undisputed Material Facts, for Monetary or Terminating Sanction 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.03.13 Demurrer to FAC 533
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...eges was provided through the County's Social Services Agency. Plaintiff alleges that in 1992, Defendants placed Plaintiff in the foster home of non -party Carol Wong, in Cambria. (FAC, ¶ 23.) Plaintiff alleges that from approximately 1992 to 1994, when Plaintiff was five to six years old, she was sexually abused and assaulted by “Plaintiff's foster mother's boyfriend,” known as “Enrique,” identified in the FAC as “Perpetrator 1,” ...
2024.03.13 Motion for Final Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...
2024.03.13 Motion for Protective Order 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...itioners generally allege that Respondents 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. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...
2024.03.13 Demurrer, Motion to Strike, to Deem RFAs Admitted 347
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...resentation; 5) conversion; 6) voluntary waste; 7) private nuisance; 8) intentional infliction of emotional distress; 9) intentional misrepresentation, fraud and deceit outside of the contract; and 10) exemplary and punitive damages. This action arises out of Defendant's tenancy with Plaintiff. Defendant now demurs to the FAC as a whole, and separately to each cause of action, and moves to strike the request for punitive damages. Defendant faile...
2024.03.13 Motion for Summary Judgment, Adjudication 721
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...(Civ. Code, §§ 1790 et seq., “the Act”) by failing to repair defects in the Subject Vehicle after a reasonable number of attempts and failing to promptly repurchase the Subject Vehicle. Defendants assert that Plaintiff cannot establish a required element of his claims, i.e., that Ford failed to promptly offer to repurchase the Subject Vehicle. Defendants also seek summary judgment of their equitable estoppel affirmative defenses. 1. Summary...
2024.03.13 Motion to Appoint Neuropsychologist 079
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...d third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (Trustor), filed opposition to the petition that same day.1 Petitioner now seeks the appointment of a neuropsychologist pursuant to Evidence Code section 730 as an expert to aid in determining the Petition, i.e., whether Janice's capacity and susceptibility to undue influence is grounds for appointment of a...
2024.03.13 Motion to Compel Further Responses to Deposition Questions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...edent's son, Keith McKibben (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. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on Phase I of Trial,” on May 9, 2021 (the Phase I Ruling). Phase II of the trial is set to begin on June 3, 2024. Currently before the Court is...
2024.03.13 Motion to Strike 079
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...nnis Leonard (Leonard) as an additional respondent to the first, second, and third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (the Trustor), filed opposition to the petition that same day.1 Leonard responded with the current motion to strike under Code of Civil Procedure section 425.16. The petition alleges as follows: The Trustor updated her estate plannin...
2024.03.13 Motion to Tax Costs 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...
2024.03.13 Motion to Waive Bond Requirement or to Reduce Bond Amount 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...took advantage of Sylvia June Asavis 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 had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposite...
2024.03.06 Motion for Final Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...
2024.03.06 Motion for Protective Order 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...itioners generally allege that Respondents 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. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...
2024.03.06 Motion for Reconsideration of Summary Judgment, to File Statements of Undisputed Material Facts, for Monetary or Terminating Sanctions 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.03.06 Motion to Tax Costs 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...
2024.02.28 Motion to Quash Subpoena 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ... Defendants) seek to quash a subpoena issued by Plaintiffs to Ogden & Fricks, to the extent it involves records subject to the attorney client privilege. Kurkeyerian opposes the motion. Kurkeyerian notes that Defendants did not attempt to meet and confer before filing this motion. Although Defendants' motion fails to cite the statutory authority relied on for the relief sought, the Court assumes it is brought pursuant to Code of Civil Procedure ...
2024.02.28 Motion for Reconsideration of Summary Judgment Ruling, for Monetary or Terminating Sanction 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.02.28 Demurrer to SAC 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...Defendant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurred, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the ...
2024.02.28 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ..., estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased...
2024.02.28 Demurrer 286
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...ices of Defendants to perform medical treatment and services for Plaintiff. On said date, Defendants undertook to handle and control the medical care and treatment of Plaintiff. 14. Defendants failed to use the level of skill, knowledge, and care in the diagnosis and treatment of Plaintiff that other reasonably careful medical practitioners and/or specialists of the same type would use in the same or similar circumstances. Defendants made unreaso...
2024.02.07 Motions to Compel Further Responses to Discovery 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...eendants oppose the motions. Plainti¯ declares that on September 19, 2022, he served Request or Production o Documents, Set One, and Form Interrogatories (Construction), Set One, on Deendants. It is unclear i single sets directed at all Deendants were served or i separate sets were served. Deendants responded on March 16, 2023, but Plainti¯ considered the responses non-compliant, and on March 21, 2023, Plainti¯ sent meet and coner ...
2024.02.07 Motion to Enforce Discovery Order, for Issue, Evidence, and Monetary Sanctions 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...y respond, Natali Þled motions to compel responses. The Court granted those motions on May 10, 2023, and ordered Mathis to provide responses without objections by May 31, 2023. Mathis served responses by the deadline. Natali states the responses included objections. Her counsel sent a meet and confer letter on June 29, 2023, regarding the special interrogatories and a separate letter on July 11, 2023, regarding the form interrogatories. Over the...

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