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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...

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