Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

661 Results

Clear Search Parameters x
Location: San Luis Obispo x
Judge: Coates, Tana L x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 241)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 389)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 300,100
Array
(
)
2022.01.05 Motion to Compel Second Inspection 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ...or Inspection of Real Property, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the s...
2022.01.05 Motion to Compel Further Responses 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ...and as trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are two motions to compel filed by Petitioners: 1. Motion to compel Kim Kunz's further responses to Petitioners' special interrogatories (set one) ...
2022.01.05 Demurrer 275
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ... (CCP § 1094.5), and/or writ of traditional mandate (CCP § 1085) on May 11, 2021. The action is filed against the California Department of Parks and Recreation (“State Parks”), County of San Luis Obispo (the “County”), California Department of General Services (“DGS”), State of California (the “State”), San Luis Obispo County Air Pollution Control District (the “APCD”), the APCD Board of Directors, the APCD Hearing Board, an...
2021.12.15 Motion to Augment, Correct Record, Petition for Writ of Mandate 402
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...e CCC's Executive Director John (Jack) Ainsworth (“Ainsworth”), and the California Department of Parks and Recreation (“State Parks”).1 Friends seeks a writ challenging the CCC's approval of an amendment (Coastal Development Permit (“CDP”) Amendment No. 3‐12‐050‐A1) to a coastal development permit (CDP No. 3‐ 12.050) expanding the dust control program at Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “S...
2021.12.15 Motion for Terminating Sanctions 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... Now before the Court is Defendants' motion for terminating sanctions against Humberto Avelar based on his failure to participate in this lawsuit, including failing to appear for his deposition. Defendants request this Court issue terminating sanctions and dismiss Avelar's claims in their entirety, with prejudice. The Court has the authority to issue terminating sanctions in the form of a dismissal of the action for a party's misuse of the discov...
2021.12.15 Motion for OSC Re Contempt 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... scheduled to take place on May 2, 2019. Respondent's then counsel objected to the Deposition Subpoenas on Jennifer's behalf.1 No documents were produced in response to the Deposition Subpoena and Jennifer did not appear for her deposition. In October 2019, Petitioner followed up with a motion to compel and request for sanctions, which the Court granted in part on January 15, 2020. The Court directed Jennifer to appear for her deposition, but fou...
2021.12.15 Motion for Final Approval of Class Action Settlement 146
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...artments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professi...
2021.12.15 Motion to Strike TAC, PAGA Claim, Demurrer to TAC 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...); Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On July 29, 2020, th...
2021.12.08 Motion to Compel Further Responses, for Sanctions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...w before the Court is Brown's motion to compel Plaintiff's further responses to requests for production of documents, set 4, nos. 48, 50, 62, and 63, and for sanctions in the amount of $2,707.50. The timing of the events associated with this motion are important. The Court lays out the following timeline: On February 5, 2021, Plaintiff served responses to the subject requests for production (RFPs). (Coffin decl., Ex B.) After meet and confer effo...
2021.12.08 Demurrer, Petitions to Confirm Arbitration Award and Enter Judgment, to Vacate Arbitration Award 205
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...erro and Corentec to resolve a dispute pending before the American Arbitration Association (AAA).” (Cmp., ¶ 1.) Dr. Ferro alleges that he accepted a settlement offer, that Corentec contends the offer had been revoked, and that Corentec thereafter refused to comply with the agreement's terms. (Cmp., ¶ 2.) The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Fer...
2021.12.08 Motion to Compel Second Inspection 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...rty, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase, on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the second part of the first in...
2021.12.08 Motions to Compel Further Responses 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...oners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are three motions to compel filed by Petitioners: (1) Motion to compel Respondent Carolyn Dougherty's further responses to form interrogatories and for sanctions in the amount of $2,...
2021.12.01 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.01
Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...
2021.11.24 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...
2021.11.24 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...
2021.11.24 Demurrer 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...
2021.11.17 Motion to Expunge Lis Pendens 300
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...ust originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares with t...
2021.11.17 Motion for Judgment on the Pleadings 577
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...
2021.11.10 Motion to Vacate Dismissal 464
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...
2021.11.10 Motion to Compel Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...
2021.11.10 Demurrer, Special Motion to Strike, for Specified Discovery, for Appointment of Free Counsel 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...
2021.11.03 Motion for Leave to File Amended Complaint 221
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...
2021.11.03 Application for Right to Attach Order 288
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...
2021.11.03 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...
2021.11.03 Motions to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...
2021.11.03 Motion for Summary Judgment, Adjudication 641
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...
2021.10.27 Motion for Terminating Sanctions 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...
2021.10.27 Motion for Summary Judgment, Adjudication 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...
2021.10.27 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...
2021.10.27 Motion for Judgment on the Pleadings 160
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...
2021.10.27 Motion for Judgment on the Pleadings 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store 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 group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...
2021.10.27 Motion for Final Approval of Class Action Settlement 543
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ... General Act (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was not opposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to be sent to class members by Ju...
2021.10.06 Motion for Summary Judgment 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...e action as to her. Defendant moves on the ground that there is no triable issue of fact that: 1) Defendant did not hire either Plaintiff; 2) Defendant, as the Vice President, did not have authority to determine the rate of pay of either Plaintiff and did not do so; 3) Defendant did not have the authority to pay either Plaintiff and did not do so; 4) Defendant, as Vice President of J&H Enterprises, Inc., did not have the authority to determine th...
2021.10.06 Demurrer 002
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...apacity to execute the First Amendment, dated November 7, 2018. The petition is brought under Probate Code sections 850 and 17200. Currently on calendar is Clark's demurrer, which argues (1) venue is improper, and (2) the fourth cause of action is barred under Code of Civil Procedure section 366.2. For the reasons set forth below, the demurrer is overruled. (1) Venue Probate Code section 17005(a)(1) provides that venue is proper in “the county ...
2021.10.06 Motion for Judgment on the Pleadings 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ... Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion for judgment on the pleadings. Legal Authority. A defendant may move for judgment on the pleadings where the complaint...
2021.10.06 Motion for Summary Judgment, Adjudication 649
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...e alternative, summary adjudication. The motion was served on counsel for Defendant. No opposition is on file. The Court grants Plaintiff's Request for Judicial Notice. Plaintiff 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. Proc. §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the bur...
2021.10.06 Motion to Compel Further Responses 268
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...nancial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Plaintiff's complaint alleges he is a resident at Ocean View Manor apartments in Morro Bay. (Compl., ¶¶ 1, 10.) Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Property, which Plaintiff alleges has caused him to suffer injuries. (Compl., ¶¶ 5, 46, 129.) Th...
2021.10.06 Motion to Consolidate 030
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...riminal threats); and (3) violation of Penal Code section 134 (fraudulent writing). The complaint alleges that the San Luis Obispo County District Attorney's office filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agen...
2021.09.29 Motion to Consolidate 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...d 2/27/01, and Marco Specchierla (collectively “Defendants”) on December 31, 2020, 20CV‐0689 (the “Cziraki Action”). The Czirakis filed a First Amended Complaint on March 22, 2021. The Czirakis own and reside on property abutting Defendants' property. (Cziraki First Amended Compliant (“Cziraki FAC.”), ¶¶ 5‐6, 10‐11.) The Cziraki property is accessible only by way of a recorded private access easement across Defendants' propert...
2021.09.29 Motion to Compel, to Quash, for Protective Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a Doe Amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. On October 8, 2019, Ben...
2021.09.29 Motion to Compel Amended Responses, Further Production of Docs 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...general contractor for the Project. 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. Currently on calendar is Garden Street's motion to compel amended responses to requests for...
2021.09.29 Motion for Preference 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...buse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) negligence; (7) negligent infliction of emotional distress; (8) intentional infliction of emotional distress; (9) professional negligence by an attorney; (10) breach of fiduciary duty; (11) breach of fiduciary trust duty; (12) conspiracy; and (13) declaratory relief. Now before the Court is Plaintiff's motion for tri...
2021.09.29 Motion for New Trial 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...tnership (the Limited Partnership); and other Defendants who are no longer a party to the lawsuit. Intervening Plaintiff Daniel Eddleman joined the lawsuit shortly before trial. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision. Plaintiffs now move for a new trial under Code of Civil Procedure section 657. Intervening Plaintiff Daniel Eddleman has filed a notice of joinder to the motion. A ...
2021.09.29 Motion for Clarification and Reconsideration 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...�). The parties agreed that the Court would decide certain preliminary issues in Phase I of the trial, on the papers and after oral argument, which occurred on March 18, 2021. Thereafter, the parties filed final briefing and the matter was deemed submitted on March 30, 2021. On May 17, 2021, the Court issued its Ruling on Phase I of the Trial, which addressed eleven separate issues. Ten days later, Karen Tallent (“Respondent”) filed a Motion ...
2021.09.22 Motions to Compel Further Responses, for Protective Order 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ber 13, 2019, Sandra Natali (“Natali”) served a second set of requests for production of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third sets of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the respon...
2021.09.22 Motion for Summary Judgment, Adjudication 099
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ocated at 783 Asilo Street, Arroyo Grande, California 93420 (the “Property”) to her and that she has invested significant money in the Property, but that Defendants did not convey title to her. Defendants now move for summary judgment, or in the alternative summary adjudication, as to each of Plaintiff's causes of action, on the grounds that Plaintiff is judicially estopped from asserting that she owns the property; therefore, there are no tr...
2021.09.22 Motion for Summary Judgment 498
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ublic policy; and (4) promissory estoppel. Plaintiff worked for Defendant as a Warranty Administrator from September 8, 2015, to February 9, 2018. (Separate Statement of Undisputed Material Fact [UMF] 1.) A Warranty Administrator submits all warranty claims to manufacturers so Defendant can be reimbursed for jobs completed under those manufacturers' warranties. (UMF 2.) There is some dispute between the parties as to whether Plaintiff was the onl...
2021.09.22 Motion for Leave to File FAC 042
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...Larry, and caused a head‐on collision with Plaintiff. Now before the Court is Plaintiff's motion for leave to file a first amended complaint (FAC), which is opposed by Defendants. Legal Authority. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading...” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsui...
2021.09.22 Motion for Attorney Fees 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ... filed an answer to the complaint. Coasthills thereafter moved for summary judgment as to McGinty, which was granted. Judgment was entered on July 26, 2019, in the amount of $9,373.41. Coasthills now moves the Court for a determination that Coasthills is the prevailing party and, as such, requests that its attorney's fees be recoverable as an item of costs in the sum of $10,780. Coasthills served the motion and supporting declarations on McGinty,...
2021.09.15 Motion for Judgment on the Pleadings 100
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ... official capacity as Interim Executive Director of the Commission (the “Executive Director”), and California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District, its Board of Directors, and its Hearing Board (the “District”). Petitioner's Petition challenges the Executive Director's issuance of two emergency coastal development permits (“ECDPs”...
2021.09.15 Motion for Preliminary Approval of Class Action Settlement 146
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ...he Grand View Apartments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Busin...
2021.09.15 Petition for Writ of Mandate 514
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ...��), and the California Department of Parks and Recreation (“State Parks”). Petitioner filed a First Amended Verified Petition on October 27, 2014. Petitioner brings its Petition on the grounds that the APCD, through an agreement with State Parks, substantively changed a District regulation (Rule 1001) without public notice, an opportunity for public comment, or a hearing as required by state air quality statutes; and as such, the agreement i...
2021.09.08 Motion for Reconsideration 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ... to deliver certain documents by April 23, 2019. At the same time, Petitioner served a Deposition Subpoena for Personal Appearance and Production of Documents and Things on both individuals. The depositions were scheduled to take place in early May 2019. Respondent's prior counsel (Adam Daner) objected to the subpoenas on behalf of Black and Chafin. Black and Chafin did not appear for their depositions, nor did they produce any documents in respo...
2021.09.08 Motions to Enforce Discovery Order 333
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ...“Seaside”; collectively, “Defendants”).1 Marissa and Seaside filed answers to the complaint on July 29, 2019, and Donald filed an answer on September 3, 2019. The dispute arises out of a Property Management Agreement entered into between Plaintiff and Seaside regarding the management of Plaintiff's residential units located on Monterey Avenue in Morro Bay, California. Under the agreement, Defendants were given the right to rent, lease, op...
2021.09.08 Motion to Compel Mental Evaluation 162
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ...p. The amended petition seeks appointment of a third‐party professional fiduciary as conservator of Respondent's person,1 based on allegations that he lacks capacity to give informed consent to medical treatment. The amended petition, however, does not seek dementia powers. The amended petition also seeks to limit contact between Respondent and his niece (Virginia Garcia), as well as her husband (Allen Garcia). The amended petition alleges that...
2021.09.01 Motion to Compel Deposition of PMK 705
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ... Obispo, California. (Compl., ¶ 4.) Plaintiff alleges the Subject Vehicle had various nonconformities to warranty, including but not limited to shaking excessively while driving (under normal driving conditions, “in hot weather,” and “after sitting in warm weather and subsequently being driven”) and abnormally clunking when braking. (Compl., ¶ 11.) Now before the Court is Plaintiff's motion to compel a further deposition of Defendant's ...
2021.09.01 Motion for Reconsideration 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ...of that order pursuant to Code of Civil Procedure section 1008(a).2 Under that section, a party may make a motion before the same judge to reconsider the judge's earlier ruling and enter a different order, provided the party meets certain conditions. First, a party seeking reconsideration must make the application “within 10 days after service upon the party of written notice of entry of the order.” (Code Civ. Proc., § 1008(a).) Here, Hazelt...
2021.09.01 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ...addition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC�...
2021.08.25 Motion to Consolidate 205
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.25
Excerpt: ...alleges that he accepted a settlement offer that Corentec belatedly claimed was revoked, refusing to comply with the agreement's terms. (Cmp., ¶ 2.) This civil action is referred to herein as the “Ferro Action.” The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Ferro alleged Corentec owed him royalties. The arbitration itself began in December 2020, and af...
2021.08.18 Motion for Leave to File Complaint 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.18
Excerpt: ...rney, filed a response to the complaint, and two purported “counterclaims” for breach of written contract and “material misrepresentation – fraud.” On April 22, 2021, Defendant filed a substitution of attorney, indicating he is now represented by counsel. A court trial is set to begin on September 13, 2021. Now before the Court is Defendant's motion for leave to file a cross‐complaint. Legal Authority. “The court may, in furtherance...
2021.08.18 Motion for Class Certification 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.18
Excerpt: ...dividuals employed under common circumstances and facts, have filed this class action lawsuit against Defendants The Berry Man, Inc.; All About Produce Corp.; Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint1 (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plai...
2021.08.12 Motion to Compel Further Responses 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.12
Excerpt: ...cific inspection date but asked for a “mutually agreeable time and date no less than thirty (30) days after service of [the] demand.” (Plaintiff's Ex. A.) Hazeltine provided verified written responses by mail (and email) on September 18, 2020. (Plaintiff's Ex. B.) Plaintiff, however, did not reach out to coordinate an inspection time until February 27, 2021. (Hazeltine's Ex. A.) Inspection of the documents ultimately occurred over several day...
2021.08.12 Motion for Good Faith Settlement 644
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.12
Excerpt: ...ian Cuellar and Ruben Cuellar. The second occurred on June 12, 2018, and involved Plaintiff as a pedestrian and Brenda Pettit, driving a car owned by Joseph Pettit. Plaintiff and the Cuellar Defendants have reached a settlement, and the Cuellar Defendants move for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and the Cuellar Defendants have agreed to settle Plaintiff's cla...
2021.08.11 Motion for Leave to File FAC 095
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.11
Excerpt: ...tively “Defendants”). Plaintiff brings this action pursuant to the Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et. seq., on behalf of the State of California, for approximately 2,000 non‐exempt similarly situated current and former aggrieved employees of Defendants who worked for Defendants or who were terminated at any time from December 6, 2019, through resolution of this action. The complaint a...
2021.08.04 Motion to Compel Mental Evaluation 162
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...rently on calendar is Petitioner's Motion to Compel a Mental Evaluation of Respondent, made pursuant to Code of Civil Procedure sections 2032.020 and 2032.310, et seq. In response, Respondent has submitted a document entitled, “Objection to Court Proceeding with Conservatorship and to Exercise of Jurisdiction.” Respondent objects to the current request on various grounds. First, Respondent states he was never served with the motion, which was...
2021.08.04 Motion to Compel Further Responses 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...d Roberta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. ...
2021.07.14 Motions to Compel Further Responses 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...hes of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset, against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories, and for $2,785.50 in sanction...
2021.07.14 Motion to Seal 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ... that the Administrative Record in this matter contains confidential peace officer personnel records within the meaning of Penal Code sections 832.7(a) and 832.8, including personal data, election of employee benefits, employee appraisal and discipline, complaints and investigation and disposition of complaints, information derived from such confidential records and other information, the disclosure of which would constitute an unwarranted invasi...
2021.07.14 Motion for Judgment on the Pleadings 100
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...essel Family Trust on April 28, 1992 (the “Trust”). Ralph had one child from a prior relationship, Gregory Wessel (“Respondent”), and Evelyn had two children from a prior relationship (Petitioners). Evelyn and Ralph served as co‐trustees until Evelyn passed away, on June 25, 2005. After her death, Ralph executed thirteen amendments to the Trust (dated 07/01/05; 07/27/05; 02/07/06; 02/28/09; 05/04/11; 01/13/12; 10/19/12; 07/15/13; 03/24/...
2021.07.14 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...tioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. On June 30, 2020, Respondents filed an “Answer to Verified Petition as to Invalidation of Will,” in which Respondents asserted: Respondents only intend to respond with this answer to the Second Cau...
2021.07.14 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...nt, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC”), on March 5, 2021. The Court...
2021.07.06 Motion for Final Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.06
Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...
2021.06.30 Motion to Strike 030
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...ce filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...
2021.06.30 Motion to Amend Interlocutory Judgment 480
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...
2021.06.23 Motion for Summary Adjudication 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...
2021.06.23 Motion for Preliminary Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...
2021.06.23 Motion to Compel Deposition, to Quash Deposition Subpoena 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...
2021.06.23 Motion for Summary Adjudication 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...
2021.06.23 Motion to Require Mechanic's Lienholders to File Supplemental Complaints 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. 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.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...
2021.06.16 Motion to Dismiss 313
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.16
Excerpt: ... his sister, Susan Shively. Respondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that, ...
2021.06.16 Motion for Attorney Fees 298
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.16
Excerpt: ... for fees and costs pursuant to Civil Code section 1717, which provides in relevant part: In any action on a contract, where the contract specifically provides the attorneys' fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not...
2021.06.09 Motion to Reclassify Action 062
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...Keystone's Motion for Order Reclassifying Action as a Limited Civil Case, pursuant to Code of Civil Procedure section 403.040. The other Defendants filed a joinder to the motion on June 4, 2021. Plaintiff opposes the motion.1 For the reasons set forth below, the motion is denied. According to Keystone, Plaintiff underwent a dental implantation procedure for a single tooth, which has since been successfully restored with a new implant. Keystone no...
2021.06.09 Motion to Dismiss 313
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...pondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that on numerous occasions prior to h...
2021.06.09 Demurrer, Motion to Strike 039
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...(2) strict liability – manufacturing defect; (3) strict products liability – design defect; (4) strict products liability – failure to warn; and (5) negligence. Plaintiff's complaint alleges that his right index finger was crushed and subsequently amputated while operating a model no. IF 12‐1/2, Series One Niagara Power Squaring Shear (the Niagara Squaring Shear) as part of his job duties for his employer, PWS Construction (PWS). (Compl.,...
2021.05.19 Motion to Enforce Settlement Agreement and Enter Judgment 210
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.19
Excerpt: ...t 31, 2012. Defendant answered the complaint on June 5, 2014. On March 6, 2015, the parties reached a settlement for $13,567.29. On March 20, 2015, the parties submitted a Stipulation for Settlement under which Defendant's insurance company (Progressive Insurance) agreed to pay $8,700 of the $13,567.29 settlement amount and Defendant agreed to pay the remainder of $4,867.29, in monthly installments of $15, starting on February 15, 2015. The parti...
2021.05.19 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.19
Excerpt: ...al breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' settlement. Plaintiff brings this unopposed motion for preliminary approval of class action settlement, and moves the Cou...
2021.05.12 Motions to Compel Further Responses 257
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.12
Excerpt: ... Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuries to his body....
2021.05.05 Motion for Summary Judgment 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...On November 6, 2006, Claire amended Trust A (the “Ninth Amendment”). She amended Trust A again on July 12, 2007 (the “Tenth Amendment”). Trust A became irrevocable when Claire died on July 25, 2012. After her death, a Notification by Trustee under Probate Code section 16061.7 was sent in July 2012 to the Settlors' children advising them that Trust A had become irrevocable. On August 24, 2012, an explanation letter enclosing the Notificati...
2021.05.05 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...y 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 concern the Project. On October 23, 2020, Garden Street filed a first amended cross‐complaint (“FACC”) against Specialty.1 The cross‐complaint sets forth causes of action for (1) ...
2021.05.05 Motion to Consolidate 059
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...ivil Procedure section 1048(a), to consolidate the action for all purposes into a single case caption filed in the Probate, as the actions involve common questions of fact and law. Code of Civil Procedure section 1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consol...
2021.05.05 Motion to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...work. On January 22, 2021, Brown received by mail an Inspection Demand, Set 3, served by Plaintiff, and Hefele received an Inspection Demand, Set 2, served by Plaintiff. (Coffin Decl., ¶¶ 3, 4.; Exhs. B, C.) Each contained one Demand for Inspection (the “Demands”) seeking the following: Responding Party is to provide access to her electronic devices, including information stored on the primary device, external servers, the cloud, and delete...
2021.05.05 Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...d Multiple Other Directly Related Issues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee o...
2021.04.28 Petition to Compel Arbitration and Stay Proceedings 571
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...nosis with Coflex, an interlaminar stabilization device, pursuant to wrongful practices. UHC now petitions pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, or, in the alternative, Code of Civil Procedure sections 1281, 1281.2 and 1281.4, to compel arbitration and to stay the proceedings. Plaintiffs do not dispute that the FAA applies. I. Legal Standard Both the FAA and California law favor arbitration. (AT&T Mobility LLC v. Con...
2021.04.28 Motions to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...n, 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. 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...
2021.04.28 Motion for Sanctions 536
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ... cross‐complaint against Plaintiff. The parties' dispute arises from dueling easement claims between Plaintiff and Epifanio, who are neighbors in Arroyo Grande. Aaron Sr. is Epifanio's son, and Aaron Jr. is Aaron Sr.'s son and Epifanio's grandson. Plaintiff and Epifanio are each represented by attorneys. On November 4, 2019, Aaron Sr. filed a “response” to the complaint pro per and remains unrepresented by counsel. Also on November 4, 2019,...
2021.04.28 Motion for Approval of PAGA Settlement 676
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...tiff's notice of unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing ILYM as the settlement administrator; (3) awarding Plaintiff a Representative Service Award of $5,000; (4) granting Plaintiff's attorney's fee request for $71,750; and (5) providing Plaintiff's counsel reimbursement of $8,537.32 in litigation costs. The PAGA statute provides tha...
2021.04.21 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.21
Excerpt: ...pecialty 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 concern the Project. On November 3, 2020, Garden Street filed a cross‐complaint against Blum & Sons Electric, Inc. (“Blum”), one of the subcontractors on the Project. The cro...
2021.04.07 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 196
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...Settlement. In compliance with its local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385. The order states the matter would be dismissed on June 15, 2021, absent a motion to vacate the order filed before that date. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have judgment entered pursuant to Code of Civil Proced...
2021.04.07 Motion to Enforce Settlement Agreement 003
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...(“Tract 3043”). On November 29, 2016, a Statement of Agreement was filed reporting the parties had participated in mediation which resulted in a conditional settlement. The matter has been on calendar for various status reports since that time.1 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)2 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 3043 to Hansen. In exchange,...
2021.04.07 Motion to Compel Further SROGs, Docs 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...ompany, LLC (“Bening”), and Roberta Chavez, alleging seven causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Re...

661 Results

Per page

Pages