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2024.02.07 Motion to Amend or Set Aside Court Order, to Compel Further Responses 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...served on the City of San Luis Obispo, Michael Codron, John Mezzapesa and Steve Sheats (collectively the City Defendants). Plainti¯ concurrently brings a motion to amend or set aside a court order. Both motions arise out of discovery disputes between the parties. On April 6, 2023, Plainti¯ and the City Defendants participated in a voluntary informal discovery conference before this Court. The conference was initiated by Plainti¯ following a...
2024.02.07 Motion for Summary Adjudication 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...l 2019, which included a trust accounting covering the period September 16, 2012 through January 6, 2018.1 Currently on calendar is Petitioner's Motion for Summary Adjudication on the cause of action seeking to invalidate powers of appointment exercised by his and Respondent's mother during her lifetime. The Court denies the motion. I. BACKGROUND The parties agree on the following facts:2 • On September 16, 2012, the parties' parents, Donald Ba...
2024.01.31 Motion to Strike Punitive Damages 154
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ... Springer dba Patriot Plumbing and Drain Cleaning (Patriot) and Tracy Ann Fairchild; Patriot has instituted its own cross-action against Defendants. As against the Defendants, Plainti¯s assert causes of action for (1) violation of the Mobilehome Residency Law (MRL); (2) negligence; (3) negligence per se; (4) breach of contract—written agreement; (5) breach of contract—oral promise; (6) breach of implied covenant—quiet enjoyment; (7) breac...
2024.01.31 Motion for Protective Order, for Sanctions 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ...treet and Specialty entered into a contract in April 2015 (the Prime Contract). In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Trial is set to begin on April 3, 2024. Under t...
2024.01.24 Motion to Vacate Dismissal and Enter Judgment 630
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ...ce of se©lement, which was granted on December 7, 2022. On December 16, 2022, State Farm Þled a sŸpulaŸon for se©lement and entry of judgment (the SŸpulaŸon or Se©lement Agreement). On December 20, 2022, the Court signed an order dismissing the acŸon without prejudice and, pursuant to the request of the parŸes in the SŸpulaŸon, retaining jurisdicŸon to enforce the Se©lement Agreement pursuant to Code of Civil Procedure ...
2024.01.24 Motion for Summary Judgment, Adjudication 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ... (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct, and 2) negligent hiring and supervision. Sun Buggie now moves for summary adjudication of its affrmative defense of express waiver because the relevant waiver is valid and enforceable under California law. Sun Buggie's eighth affrmative defense for express waiver is alleged as follows: As a separate and affirmative defense to the Com...
2024.01.17 Special Motion to Strike 268
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ach of contract; (5) slander of title; and (7) infliction of emotional distress. The body of Plaintiff's complaint is one page long. The purported causes of action are not separated as required by the Rules of Court. (Cal. Rules of Court, rule 2.112.) In his complaint, Plaintiff makes the following allegations: - PWB is "a California state-chartered bank and at the time of this complaint a resident of Los Angeles, CA." (Compl., 2.) - On October 8...
2024.01.17 Motion to Vacate Dismissal and Restore Action to Civil Active List 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...
2024.01.17 Motion to Stay Deposition and Quash Deposition Notice 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...
2024.01.17 Motion to Compel Further Responses 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ... trustee. On November 22, 2015, Decedent'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 has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...
2024.01.10 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...
2024.01.10 Motion to Renew Judgment 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...
2024.01.10 Motion to Renew Judgment 633
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...
2023.12.20 Motion for Trial Setting Preference 320
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...
2023.12.20 Motion for Leave to File TAC 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...
2023.12.20 Motion for Leave to Conduct Mental Exam 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...
2023.12.20 Demurrer, Motion to Strike 569
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...
2023.12.13 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...
2023.12.13 Motion for Additional Attorney Fees 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...
2023.12.13 Demurrer 540
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...
2023.12.06 Motion for Summary Judgment, Adjudication 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...
2023.12.06 Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ..., and its amendments, Claire continued to serve as the 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. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...
2023.11.29 Motion to Lift Stay and Stay Arbitration Proceedings 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.29
Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...
2023.11.22 Motion for Summary Judgment 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...
2023.11.22 Motion for New Trial, to Vacate Judgment 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...
2023.11.15 Motion for Leave to File FAC 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.15
Excerpt: ...quest 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 orthe same have been waived by the ...
2023.11.08 Motion to Expunge Lis Pendens 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...pleton Property). On November 22, 2015, Decedent'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. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...
2023.11.08 Motion to Dismiss 175
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin November 13, 2023. Defendant Ezzell now brings a moton to dismiss...
2023.11.08 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...
2023.11.08 Discovery Motions 361
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...
2023.11.08 Demurrers, Motions to Strike, Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...
2023.11.01 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...
2023.11.01 Motion to Enforce Settlement 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...
2023.11.01 Motion to Compel Arbitration 695
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...
2023.11.01 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...
2023.11.01 Demurrer to SAC 126
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...
2023.10.25 Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....
2023.10.25 Demurrer to SAC, Motion to Quash Subpoenas, for Protective Order 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...
2023.10.25 Motion for Determination of Good Faith Settlement 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...
2023.10.25 Demurrers, Motions to Strike, for Summary Adjudication 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...
2023.10.25 Motion for Preliminary Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...
2023.10.25 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...
2023.10.11 Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...
2023.10.11 Motion to Set Aside Dismissal 946
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...
2023.10.11 Motion for Return of Wrongfully Taken Trust Funds, OSC Re Contempt 180
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...
2023.10.11 Demurrers 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...s owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...
2023.10.11 Demurrer 491
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...
2023.09.13 Motion to Quash Deposition, Stay Deposition, Issue Protective Order 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flor...
2023.09.13 Motion to Expunge Lis Pendens, for Attorney Fees, Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...
2023.09.13 Motion for Summary Adjudication 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...

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