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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 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 ...
2023.11.08 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...
2023.11.01 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 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 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 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 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 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 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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