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2023.07.19 Motion to Compel Further Deposition Testimony, for Monetary Sanctions 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.19
Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...
2023.07.12 Motion to Bifurcate 175
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.12
Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, et seq. (PAGA). 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 aga-nst all Defendants. Shortly before the jury trial in t...
2023.07.12 Motion to Compel Arbitration 301
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.12
Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. 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 it is not a party to t...
2023.06.28 Motion for Attorney Fees 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.28
Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal act...
2023.06.21 Motion to Furnish Security, for Prefiling Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ...ntinued 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 sub-trusts. 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 Diane Davies (Davies) as the court-appointed successor tru...
2023.06.21 Motion for Summary Judgment, Adjudication 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and 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. The FAC arises out of an agre...
2023.06.07 Motion to Compel Answers, for Protective Order, for Sanctions 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.07
Excerpt: ...roduce; 3. Precluding counsel for Garden Street SLO Partners, L.P. (Garden Street), Roy Ogden, from coaching Mr. Smith during his deposition; and 4. For sanctions of $2,800 against Mr. Smith, Mr. Ogden, and Garden Street.l Garden Street opposes the motion, and requests sanctions of $2,040 for its opposition. The motion is granted in part and denied in part as set forth below; and the parties' respective requests for sanctions are denied. A. Motio...
2023.05.31 Motion to Expunge Lis Pendens, for Attorney Fees 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ...ued the following day.l On August 22, 2022, Brian Harms (Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $300,000. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Proposed Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (Lis Pendens) on Sep...
2023.05.31 Motion to Compel Production of Records 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ... supervisor, Flores, while employed with CMD at the Grizzly Youth Academy (GYA) in San Luis Obispo. Now before the Court is Plaintiff's motion to compel the production of records from the California Highway Patrol (CHP) pursuant to Evidence Codel section 1043, known as a Pitchess2 motion. Legal Authority. Personnel records of peace officers as well as records of citizens' complaints against personnel maintained under Penal Code section 832.5 are ...
2023.05.31 Motion for Attorney Fees 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ... demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out o...
2023.05.24 Motion for Protective Order 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...Robert Leslie, at the deposition of Jeff Martin. Mr. Leslie represents Specialty Construction, Inc. (Specialty), and Mr. Martin is Specialty's senior vice president. Specifically, Moving Parties seek an order: 1. Precluding Specialtvs counsel from making speaking objections or coaching witnesses on the record; 2. Precluding Specialty's counsel from making personal attacks against opposing counsel during depositions; 3. Requiring the parties to me...
2023.05.24 Demurrer 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...n San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is cross-defendant RRM Design Group (Doe 3)'s (RRM) demurrer to Bunyon's cross-complaint. l. RRM's Demurrer RRM demurs to Bunyon's cross-complaint as follows: 1) The cross-complaint and each cause of achon therein as to RRM pursuant to Code of Civil Pro...
2023.05.24 Motion for Good Faith Settlement, for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ... large tree branch fell on him while he was working on a property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is Covelop's motion for good faith settlement. Also on calendar is cross- defendant Box Kite Barnyard, Inc. (Doe 2)'s (BKB) motion for judgment on the pleadings as to Bunyon's cross-comp...
2023.05.24 Motion to Set Aside Default 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...had been entered earlier that morning. The deadline for Sharianne to file a responsive pleading was Thursday, September 8, 2022. (Code Civ. Proc., SS 412.20(a)(3), 415.10.) The request for entry of default against Michael was denied because his answer was timely filed. (Code Civ. Proc„ S 415.20(a).) Sharianne seeks to set aside her default under Code of Civil Procedure section 473. Under subsection (b) of section 473, the court may relieve a pa...
2023.05.24 Motion to Bifurcate Trial 358
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...irst Amended Petition alleging wrongdoing by the trustee, Deborah Foster-Swenson (Swenson) .2 Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petiton (the SAP). The 1994 Trust directed that the residual trust estate be divided 50% to Swenson (outright); 25% to Bruce (in a trust with the balance to his children upon his deat...
2023.05.24 Motion to Compel Compliance with Subpoena Duces Tecum 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...d Parker were served on October 31, 2022, and Weinberg was served on November 3, 2022. (Pl. Decl., 7, 15, 23.)1 The date for production on all three subpoenas was November 18, 2022. (Pl. On November 1, 2022, Jed Hazeltine (Hazeltine), the successor trustee of Trusts B and C informed Sander via email that he was asserting the attorney-client privilege in the documents.2 On November 9, 2022, Weinberg objected to the subpoena served on him. (Pl. Dec...
2023.05.24 Motion to Set Aside Default Judgment 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...between Plaintiff and ABC. A default against Szulborski was entered on January 25, 2021, and a default judgment was entered against him for the full amount allegedly owed on the contract, plus interest and attorney fees, on April 29, 2021. Szulborski filed the subject motion to set aside default on the grounds that he was never served with a summons, and the judgment was obtained by fraud in that Plaintiff failed to advise the Court that Van De S...
2023.05.24 Motion to Strike 412
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...irst Amended Complaint (FAC) was filed on March 7, 2023. Colorado Structures now moves pursuant to Code of Civil Procedure sections 435, subd. (b) and 436, to strike the alter ego allegation in paragraph 10 of the FACI , on the grounds that it lacks the specific particularity required for pleading.2 Plaintiffs oppose the motion and contend that the allegations are sufficient to put the defendants on notice of the claim. Code of Civil Procedure se...
2023.05.10 Motion to Quash Deposition Subpoenas 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ...ting that the Court remove Matthew as Trustee for, among other things, breach of trust. Petitoner also requests the Court remove Jennifer as Matthew's successor trustee. On March 8, 2023 a Stipulation and Order was filed agreeing to specific affirmative defenses. Now before the Court is Petitioner's motion to quash two business records subpoenas for her medical records. l. Background Petitioner is the beneficiary of the Denise Solters Special Nee...
2023.05.10 Motion in Limine 214
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ...out and eliminates off-highway vehicle ("OHV") use at the Oceano Dunes State Vehicle Recreation Area ("ODSVRA"), managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. ("Friends"), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, "EcoLogic".) All four of the petitions seek a writ of mandamus pursuant to Code of Ci...
2023.05.10 Motion for Increased Fee Allowance 411
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ....98, plus interest, costs, and fees. Local Rule 25.02 provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 provides as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation o...
2023.05.03 Motion to Amend Complaint 234
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...s Obisipo County ("Property") from Developer. The Property was a new construction project, and the sale was completed on April 27, 2018. Plaintiffs allege that the Property began to manifest observable damages after the close of escrow and within one year of being completed, and further allege that the same damages have appeared in each of the homes in the same layout built by Contractor. Plaintiffs allege the Property fails to comply with multip...
2023.05.03 Motion for Summary Adjudication 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ess. Defendant demurred to the complaint, and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (FAC) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of consent; and 4) reckless ...
2023.05.03 Motion for Sanctions 170
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ugust 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal (the Mohon to Vacate), which was opposed by Petitoner. The Court denied the motion to vacate the dismissal. Petitioner now moves for sanctons against Respondent under Code of Civil Procedure section 128.7, subdivisions (b) (1-3).1 Code of Civil Procedure section 128.7, subdivisions (b) provides that: (b) By presenting to the court...
2023.05.03 Motion for Change of Venue 329
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ion, breach of fiduciary duty, and elder abuse. 80th defendants reside in San Diego County. The complaint alleges that venue is proper in this County because a substantial portion of the acts and omissions complained about occurred in this County. (Cmp., 7, 8.) Ditty seeks to transfer venue to San Diego County Superior Court (North County Division) pursuant to Code of Civil Procedure sections 395(a) and 396(a). 1 Picozzi has filed a joinder to th...

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