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2018.7.17 Motion to Quash Service of Summons 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...
2018.7.17 Motion for Judgment on the Pleadings 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...
2018.7.17 Motion to Compel Further Responses, for Sanctions 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...
2018.7.10 Motion to Stay 054
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...h Carolina. (See also 50 U.S.C. Appen. § 522(b).)2 Under that section, upon application by the service member, the Court must stay the action, “unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.” Christopher enlisted in the United States Army Reserve on August 30, 2017, and will serve thre...
2018.7.10 Motion to Dismiss, to Strike PAGA Claim 369
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...rivate Attorneys General Act (“PAGA”; Lab. Code, § 2698, et seq.). Plaintiff has since dismissed all of her individual causes of action, and only the PAGA claim remains. On November 27, 2017, Sierra Vista filed a petition to compel arbitration, which this Court denied in an order dated February 28, 2018 (“Order”). Notice of Entry of the Order was entered on April 27, 2018. On June 26, 2018, Plaintiff filed a Notice of Appeal of the Order...
2018.7.10 Motion to Compel Responses 202
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...y the LLC and constructed by the Corporation. On February 27, 2018, Plaintiff served (a) special interrogatories (Set One); (b) form interrogatories (Set One); and (3) requests for production of documents (Set Two) on the LLC. That same day, Plaintiff served (a) special interrogatories (Set One); and (b) requests for production of documents (Set Two) on the Corporation. Responses were due on April 3, 2018. Plaintiff's counsel followed up with def...
2018.7.10 Motion for Leave to File Complaint 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...independent retail service stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (“Eagle”) and Linda Schultze (“Ms. Schultze”) for the exclusive supply of gasoline products for a ten‐year term. According to the second amended complaint (“SAC”), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing”...
2018.7.10 Claim of Exemption 300
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...wage garnishment. Defendant has filed a claim of exemption in which he reports a net monthly income of $3,648.82;1 and expenses of $3,595 (a difference of $53.82). The Sacramento County Sheriff's Office reports that as of May 25, 2018, it was not holding any funds. In addition to Defendant's claim of exemption, the Employer's Return states there are two other earnings withholding orders currently in effect. One of which was received on May 17, 20...
2018.6.26 Demurrer, Motion to Strike 168
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the Motorhome is uninhabitable due to mold and contamination. Plaintiff sought leave from this court to file a First Amended Complaint (“FAC”), which was granted, and the FAC was filed on January 30, 2018. The FAC alleged two causes of action: 1) Breach of Implied Warranties Pursuant to the Song‐ Beverly Consumer Warranty Act; and 2) Elder Abuse pursuant to Welfare & Institutions Code section 15610.30. The FAC further pleaded a statutory en...
2018.6.26 Demurrer 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...bt. (First Amended Complaint (“FAC”), ¶¶ 19, 21.) Plaintiff alleges she received written and telephonic communications from Defendant attempting to collect on the debt, which communications constituted a “debt collection” as that phrase is denied in the Act. (FAC, ¶ 22, citing Civ. Code, § 1788.2(b).) On August 18, 2017, Plaintiff advised Defendant in writing that she refused to pay the alleged debt, but Defendant has continued to con...
2018.6.26 Motion for Charging Orders 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...nergy, LLC and BKS Cambia, LLC with payment of the unpaid balance of the judgment entered in this action, which currently totals $3,836,883.63; and (2) directing the LLCs and all members thereof to pay any money or property due or to become due to the Judgment Debtor directly to Plaintiff until the amount remaining due on the judgment, plus accrued interest and post‐judgment costs thereon is paid in full. Judgment Debtor opposes the Motion. Thi...
2018.6.26 Motion for Mediation Agreement to Become Judgment 045
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...ants filed a cross‐complaint against Plaintiffs, alleging causes of action for breach of contract and negligence. At a readiness conference on January 31, 2018, the Parties represented that they settled after mediation. The Parties agreed on the record that settlement would be enforceable by motion pursuant to Code of Civil Procedure, section 664.6. Plaintiffs now petition the Court for the mediation agreement to become a judgment, and request ...
2018.6.26 Motion for Summary Judgment 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the City in connection with Plaintiffs' development of 802 acres in the City of Atascadero (the “Project”).1 The Project, known as “Oak Ridge Estates,” includes the development of 111 residential units, a water tank parcel, and three open space lots (which total 251.66 acres). In March 1995, the City adopted Ordinance No. 286 which found the final Environmental Impact Report (“EIR”) on the Project adequate and established the Planned ...
2018.6.19 OSC Re Preliminary Injunction 160
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...Robert Tevis, April Tevis, “and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to Plaintiffs' claim of ownership or any cloud upon Plaintiffs' title thereto” (“Defendants”). Plaintiffs assert one cause of action to quiet title to prescriptive easement, and request a restraining order and permanent injunction. (Compl., passim.) Plaintiffs allege they, De...
2018.6.19 Motion to Tax Costs 107
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...ports of inadequate protocols and refusal to alter records in connection with the murder of a patient by another patient. (Ibid.) On January 19, 2018, Defendant filed a motion for summary judgment, which was set for hearing April 24, 2018. On March 22, 2018, Defendant filed a motion for judgment on the pleadings, also set for hearing April 24, 2018. On April 2, 2018, Plaintiff dismissed her lawsuit without prejudice. On April 11, 2018, Defendant ...
2018.6.19 Motion to Dismiss, to Deem Requests for Admission Admitted 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...omplaint (“FACC”) against cross‐defendants, including the California Department of Housing and Community Development (“DHCD”). In his FACC, Wilson alleges that Wilkins gifted the mobile home to him. As to DHCD, Wilson alleges causes of action for negligent interference with a contractual relationship, intentional interference with a contractual relationship, and declaratory relief. (See FACC, pp. 15‐19.) DHCD demurred to the FACC on t...
2018.6.19 Motion for Terminating Sanctions 306
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...isclosed. Parkside moves here for terminating sanctions based on Plaintiffs' failure to provide compliant discovery responses and failure to obey two Court orders compelling them to do so (“Motion”).1 Galgas joins the Motion and filed his own memorandum of points and authorities. Plaintiffs filed an untimely opposition to the Motion two court days before the hearing without leave of court or consent of counsel. On January 26, 2017, Parkside p...
2018.6.19 Demurrer 206
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...e Relief and Declaratory Relief, against the City only, pursuant to the California Constitution, article 1, subsections 2 and 3, and Civil Code sections 52.1 and 52.3 (“SAC”). The SAC set forth two causes of action: for Violation of Right to Free Speech, and for Declaratory Relief. The SAC contained a separate section for “Damages on All Causes of Action” before the prayer. The City demurred to the first cause of action in the SAC. The Co...
2018.6.19 Claim of Exemption 432
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...nings withholding order with instructions on Defendant's employer, the United States Postal Service. The Sheriff's Office filed a “Return on Attachment/Execution,” indicating “No Employer's Return Received.” The Sheriff's Office further indicates that, while it previously held $773.47 under the writ of execution, the monies were “refunded to the defendant.” As of May 1, 2018, the Los Angeles County Sheriff's Office was not holding any...
2018.6.12 Motion to Set Aside Default, Demurrers, Motion to Strike 055
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ... Dr. Hernandez, Jamie Blair, LIC/Social Worker, John B., William B., Michael B.” (Compl., passim.) Plaintiff's form complaint alleges causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusio...
2018.6.12 Motion for Summary Judgment, Adjudication 440
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ...of Civil Procedure section 437c. The motion and supporting papers were served on Defendant on March 6, 2018. 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 burden of showing that there is no defense to the cause of acti...
2018.6.12 Demurrer 051
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ...complaint relates to a loan modification she requested for real property located at 4321 La Panza Road, Creston, California (the “Subject Property”). (Compl., p. 1, ll. 26‐27; ¶ 2.) Plaintiff claims she and Defendant “orally agreed to undergo a loan modification review in good faith in May of 2017.” (Compl., ¶ 15.) Plaintiff alleges has provided all necessary documents to Defendant to process her request, but has received no response....
2018.5.28 Claim of Exemption 132
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.28
Excerpt: ...ing on Claim of Exemption, and a Notice of Opposition to Claim of Exemption. As of May 1, 2019, the San Francisco County Sheriff's Office is holding $355.10. Pursuant to Code of Civil Procedure section 706.050, Judgment Creditor is only entitled to garnish the lesser of: • 25% of Judgment Debtor's disposable earnings. (Code Civ. Proc., § 706.050(a)(1).) “Disposable earnings” are those earnings remaining after deduction of any amounts requi...
2018.5.15 Motion to Enter Judgment 268
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.15
Excerpt: ...the Court ordered the matter dismissed, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6. Per the Stipulation's terms, Defendant was to pay Plaintiff the total sum of $7,500.00, with $625.00 due on or before the 19th of each month beginning June 19, 2017, through and including May 19, 2018. (Id. at Ex. 1, ¶ 5.) Defendant paid $1,875.00 to Plaintiff, but stopped making payments on or around August 18, 2017. (Burns...
2018.5.15 Motion for Reconsideration, for Sanctions 556
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.15
Excerpt: ...o quit. Defendant originally filed a motion to quash the summons and strike the complaint, which requested was denied on November 7, 2017. Also on November 7, 2017, Defendant filed a petition to probate, Case No. 17‐PR‐ 0400, against Plaintiff (“the Probate Action”), seeking declaratory relief, acquisition of title by adverse possession, judgment for loan, equitable trust, for life estate, and for temporary restraining order and prelimina...

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