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2024.06.13 Motion to Compel Arbitration 021
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...ng Act (FEHA); 2) discrimination in violation of FEHA; 3) failure to prevent discrimination, harassment and retaliation; and 4) intentional infliction of emotional distress. Plaintiff alleges that she was a teller at Wells Fargo, and in May 2022, Gonzalez was transferred to the Nipomo Branch where he was appointed branch manager. (FAC, ¶¶ 8, 10.) Plaintiff alleges that Gonzalez humiliated and degraded a majority of women at the branch, creatin...
2024.06.13 Motion for Determination of Good Faith Settlement 565
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...ng his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. Plaintiff's fourth cause of action is alleged against Carlos Hernandez (Hernandez), Juan Perez and Lilly Perez (collectively Perez), and Eric Juarez (Juarez) (collectively the Caravan Defendants). The Caravan Def...
2024.06.13 Motion for Judgment on the Pleadings 379
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...rt, San Luis Obispo Superior Court, Case No. 21FL -0599. (Divorce Action). In the Divorce Action the family court ruled that Defendant held title to the house as separate property and could sell the house, which Defendant has done. Before this Court is Defendant's motion for judgment on the pleadings. Defendant argues that the Divorce Action ruling as to ownership of the house bars all of Plaintiff's claims. Defendant also asserts the claims are ...
2024.06.06 Motion to Stay 689
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.06
Excerpt: ...2.3 and 52.4. Plaintiff's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in the District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of the District. (FAC, ¶ 2.) The District previously demurred to the FAC, arguing that Assembly Bill 218 (AB 218), which Plaintiff brings this lawsuit under, constitutes an impermissibl...
2024.06.06 Motion to Compel Neuropsychological IME 702
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.06
Excerpt: ...submit and appear for a neuropsychological independent medical examination (IME) on May 31, 2024, at 9:00 a.m. at 515 South Flower St., 42nd Floor, Los Angeles, CA 90071, with Clark Clipson, Ph.D., licensed psychologist.1 (Motion, p. 1, ln. 27 -p. 2, ln. 2.) Plaintiff agrees to appear and cooperate with the IME, but refuses to provide the raw test data to Plaintiff's counsel on the grounds that such disclosure would violate Dr. Clipson's ethical ...
2024.05.30 Second Amended Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...ion to Confirm Arbitration Award. On January 25, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to add Hurley as a named respondent on the petition. • On February 13, 2024, Plaintiffs filed an Amended Petition to Confirm Arbitration. On April 4, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to amend the petition which misstated the terms of the arbitrator's awar...
2024.05.30 Motion for Judgment on the Pleadings 621
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...s negligence and punitive damages as alleged against it.1 Counsel for MJBS met and conferred via telephone with counsel for Plaintiffs before filing the motion, but the parties could not come to an agreement. (Declaration of Joseph Schultz.) Plaintiffs oppose the motion. I. Legal Standard A defendant can move for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against th...
2024.05.30 Demurrer 384
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...ond amended complaint for damages and declaratory relief (SAC). The SAC asserts causes of action for (1) writ of mandate (2) breach of mandatory duty/negligence and (3) declaratory and injunctive relief. Now before the Court is the County's demurrer to the SAC and each of the three causes of action therein. I. Background The crux of Petitioner's claim is that the County has a mandatory duty to establish a program to investigate whether mold in ho...
2024.05.30 Demurrer 200
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...filed her First Amended Complaint (FAC), which again alleges two causes of action for breach of contract and fraud. The District again demurs to both causes of action on the grounds that they fail to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Counsel for the District met and conferred with counsel for Plaintiff prior to filing the demurrer but the parties were unable to come an agreement. (Declaration of Stephanie A. Bowen, ¶¶ 2,...
2024.05.23 Petition for Writ of Mandate 264
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.23
Excerpt: ...s the real party in interest. The dispute concerns the City's rejection of a recall petition aimed at Rushing, which Petitioners submitted on April 4, 2024 (the April Recall Petition). (Pet., Ex. 1.) Mr. Rushing's term is set to expire in December 2026. (Rushing Decl., ¶ 4.) On April 15, 2024, the City rejected the April Recall Petition stating: “Pursuant to Elections Code section 11042, subdivisions (c) and (d) and Elections Code section 1104...
2024.05.23 Motion to Compel Arbitration and Stay Action 524
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.23
Excerpt: ... Santander is the Holder of the subject agreement and that Plaintiff has been paying Santander on the agreement. Plaintiff now moves pursuant to Code of Civil Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Association (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (t...
2024.05.16 OSC Re Preliminary Injunction 152
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.16
Excerpt: ...ion (State Lands) and the California Coastal Commission (the Commission) as the respondents. The dispute centers around three offshore wind leases issued by the Bureau of Ocean Energy Management (BOEM) to Atlas Wind, LLC also known as Equinor (Atlas Wind), Golden State Wind, LLC also known as Central Coast Offshore Wind, LLC (Golden State), and Even Keel Wind, LLC also known as Invenergy California Offshore LLC (Invenergy; collectively, the Lesse...
2024.05.09 Demurrer 212
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ... light, causing his vehicle to hit Plaintiff's vehicle. Plaintiff alleges one count of negligence against Dunbar, and one count of negligence (Gov. Code, § 815.2) against the State. In the complaint, Plaintiff alleges that he timely served government claims against the State, which claim was rejected. (Compl., ¶ 10.) Now before the Court is Defendants' demurrer to the complaint. Legal Authority. Under the California Tort Claims Act (the Act), n...
2024.05.09 Application for Relief Under CCP Section 473 578
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ds and that the rodents caused significant damage to the Property. On December 16, 2022, the Court (Hon. Donald G. Umhofer, presiding) granted Defendants OiC Real Estate Services, Inc. and Kristenann Murchison's motion to strike Plaintiffs' expert witness designation. In their motion, Defendants argued that Plaintiffs' expert designation was tardy and failed to include a required declaration from counsel describing the expert witnesses' areas of...
2024.05.09 Motion to Compel Responses, for Sanctions 206
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...s needed before any records could be produced. In an attempt to obtain Plaintiff's signature on the authorizations, Defendants served Plaintiff with a Request for Production of Documents attaching the requisite authorizations (the RFPs), and asking Plaintiff to sign and return the authorizations. Defendants' counsel explained the authorizations were served as part of a request for production “so there is a mechanism to compel a response, if nee...
2024.05.09 Motion for Summary Adjudication, to Continue Trial 388
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ided that BCP would provide labor, services, equipment, and materials for installation of HVAC systems for five different projects. BCP now moves for summary adjudication of its fifth and eighth causes of action for breach of written contract, and ABC moves to continue trial of this matter, currently scheduled for June 24, 2024. Both motions are opposed. Motion for Summary Adjudication BCP's fifth cause of action arises out of a June 27, 2019 ...
2024.05.09 Motion to Compel Further Responses 577
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...sher Dec.), ¶ 5.) Plaintiff served RFP, Set Three, on Smart72 and RFP, Set One, on DeVries, on July 10, 2023. (Id., ¶ 8.) Both sets of requests sought documents relating to Angela DeVries' role in the Smart72 business and her communications relating to Plaintiff. (Ibid.) Plaintiff now moves to compel further responses from Smart72 as to Request No. 12 from RFP Set Two, and Request Nos. 21 -28 from RFP Set Three. Plaintiff also moves to compel f...
2024.05.02 Motion to Expunge Lis Pendens 506
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...) fraud and deceit (against both Defendants). On October 2, 2020, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property or the Property). Plaintiffs filed another “notice of pending action” on February 23, ...
2024.05.02 Demurrer 689
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...f's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in Roe 1 District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of Roe 1 District. (FAC, ¶ 2.) Plaintiff alleges Roe 2 Teacher began grooming Plaintiff when she was a 15 -year -old freshman. (FAC, ¶ 14.) Plaintiff alleges Roe 2 Teacher often flirted with Plaintiff an...
2024.04.11 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.11 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.11 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...
2024.04.04 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.04 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.04 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...

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