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1855 Results
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2023.03.09 Motion to Compel Responses 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.09
Excerpt: .... Now before the Court are Plaintiff's four unopposed motions to compel and request for sanctions. On May 26, 2022, Plaintiff propounded Supplemental Interrogatories and Supplemental Requests for Production Set Two. (Declaration of Tonya Ortega ("Ortega Decl.") 93, Ex A.) The parties mutually agreed to extend the response date to July 6, 2022. As of the filing of the motion, Defendant has not served outstanding responses. (ld. at '14.) On June 16...
2023.03.09 Motion for Judgment on the Pleadings 612
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.09
Excerpt: ... incarcerated as a result of Defendants' negligence. (Gov. Code, S 815.6.) Now before the Court is Defendants' motion for judgment on the pleadings. The Court grants Defendants' request judicial notice of Governor Newsom's proclamation of the state emergency dated March 4, 2020. l. Background Plaintiff is an inmate at CMC, and at all times relevant to this cause of action was housed in Dorm 12 and had a COVID-19 risk score of 3. (Complaint Cause ...
2023.03.07 Motion to Deem RFAs Admitted, to Compel Further Responses 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Excerpt: ...vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head-on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admission (RF...
2023.03.07 Motion to Compel Deposition, for Sanctions 162
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Excerpt: ... Now before the Court is Defendants' motion to compel Plaintiff to appear for her deposition. The Court will not delve into the meet-and-confer communications between counsel. Suffice to say, Plaintiffs' counsel (located in Los Angeles) and defense counsel (located in Novato) cannot agree on the date, location, and manner of Plaintiff's deposition. The gist of the parties' dispute is whether Plaintiff will appear for her deposition in person, or ...
2023.03.07 Motion for Leave to File Amended Complaint 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Excerpt: ...to the Handleys into equity in the development of the Resort Project at issue in this matter; • Declaratory relief ordering that the Handleys are not in breach of the loan agreements that were the subject of the Settlement Agreement; • Injunctive relief asking for an order prohibiting Stier from taking any action to enforce said loan agreements either through foreclosure or a money judgment; • Include in the prayer for relief a request for ...
2023.03.07 Demurrer 058
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.07
Excerpt: ...) Plaintiff opposes the demurrer.1 Demurrers can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 C3d 311, 318.) The court must draw all reasonable inferences in favor of the plaintiffs, not the defendant. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1239.) I. Background2 Crosbie's allegation...
2023.03.02 Motion to Quash Subpoena, for Protective Order 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Excerpt: ...ya Ortega (“Ortega Decl.”) ¶ 4, Ex. A.) Each deposition subpoena also requested extensive document production related primarily to Plaintiff's workers compensation claims and benefits. Plaintiff now moves to quash the subpoenas and for a protective order. Plaintiff also seeks sanctions against defense counsel. Plaintiff argues that the depositions were set unilaterally on a date upon which Plaintiff's counsel, Ms. Ortega, was not available a...
2023.03.02 Motion to Quash 259
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Excerpt: ... located at 802 Park Way, in Arroyo Grande (the Property). Plaintiffs allege that Mary Kim and her husband Kenny Kim, through the Trust, purchased the Property in 2018 for Plaintiffs. Mary and Kenny made a private loan to Plaintiffs, memorialized by a promissory note, requiring Plaintiffs to make monthly payments on the $485,000 note. Plaintiffs allege they paid at least $500 per month in cash per the note's terms, from October 2018 to November 2...
2023.03.02 Motion for Summary Judgment, Adjudication 211
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Excerpt: ...nts kept by Plaintiff, that constituted the principal record of transactions between Plaintiff and Defendant relative to Defendant's credit card account, and none of the statements were disputed by Defendant. Defendant opposes the motion. The Court grants Plaintiff's request that the Court take judicial notice of 15 U.S.C. section 1666, and 12 C.F.R. section 202.12. Plaintiff's motion is supported by its separate statement of undisputed material ...
2023.03.02 Demurrer to FAP 315
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.02
Excerpt: ...lopment Permit Project No. P20-000076 (the Permit). The Amended Petition requests a writ directing the City to approve the Permit “without any unlawful conditions attached.” (Amd. Pet., p. 14, ll. 1- 4.) Currently before the Court is the City's demurrer to the Amended Petition on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, the City argues that Petitioner...
2023.03.01 Demurrer 198
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Excerpt: ... the FAC alleges that Plaintiffs were forced to do work for Defendant as mechanics and personal attendants and as such, are entitled to compensation as employees. Defendant now demurs to the entire FAC pursuant to Code of Civil Procedure sections 430.10, subds. (e) and (f) on the grounds that it fails to state a cause of action and is uncertain.1 Plaintiff opposes the demurrer. No reply is on file. Defendant's counsel submitted a declaration chec...
2023.03.01 Motion for Summary Judgment 605
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Excerpt: ... judgment on those causes of action. No opposition has been filed. Wells Fargo, as the moving party, bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see also Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Wells Fargo makes a prima facie showing, then the burden shifts to Taber to show the existence of a triable issue of ma...
2023.03.01 Motion for Approval of PAGA Settlement 458
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Excerpt: ...l wages due, including minimum, regular, and overtime wages as a result of Defendant's policy of improperly paying its non-exempt hourly employees; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; and (5) failure to pay wages upon ending employment of terminated or resigned employees. (Compl., ¶ 2.) Plaintiff alleges that she was employed by the Defendant from on or about ...
2023.03.01 Motion to Vacate Dismissal and Reinstate Hearing Dates 170
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.01
Excerpt: ...ction and response to the Petition. On August 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal. Petitioner opposes the motion. No reply is on file. Respondent filed her motion pursuant to Probate Code section 17202, which provides that the court may dismiss a petition if it appears that the proceeding is not reasonably necessary to protect the interests of the trustee or beneficiary, ...
2023.02.28 Motion for Summary Judgment 106
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.28
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.28
Excerpt: ...al and emotional injuries. The complaint sets forth the following causes of action: (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) now move for summary judgment on the ground Plaintiff cannot prove causation, an essential element of each cause of action. (See CACI Nos. 400, 1300, 1600, 1901, 2021.) To satisfy their in...
2023.02.22 Motion to Compel Further Responses, for Sanctions 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Excerpt: ...ed. Now before the Court is Plaintiff's motion to compel the County's further responses to requests for production of documents, set one (the RFPs), and request for sanctions in the amount of $1,560.00. As of the date of this ruling, the County has provided supplemental responses to the subject RFPs, Nos. 1 through 11 and 15. The supplemental responses do not comply with the Code of Civil Procedure. A party has three options in responding to requ...
2023.02.22 Motion for Summary Judgment 337
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Excerpt: ...) III. Although Lowry served as the interim Harbor Chief from September 2011 to October 2015, he voluntarily returned to the HPO III position. On March 11, 2016, when descending the rungs of an open ladder mounted to a pile of the pier, Lowry's legs became entangled with the ladder leaving him stuck and suspended upside down with his head and upper body submerged in the water. As a result of the accident, Lowry sustained physical injuries and was...
2023.02.22 Motion for Leave to File Amended Complaint 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.22
Excerpt: ... Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, D...
2023.02.16 Motions for Summary Judgment 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Excerpt: ...ted at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed-term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...
2023.02.16 Motion for Summary Judgment 498
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Excerpt: ...timely motion for summary judgment.2 Opposition to the motion may be made orally at the hearing or in writing. (Cal. Rules of Court, rule 3.1351(b).) No opposition has been filed. However, even when unopposed, the trial court is required to determine that no dispute of material fact exists, and that the moving party is entitled to judgment as a matter of law. (Code of Civ. Proc. § 437c(c).) Plaintiff, as the moving party, bears the burden to pro...
2023.02.16 Motion for Summary Judgment 402
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.16
Excerpt: ...ed at 6955 Estrella Road in San Miguel for $7,000/month. Plaintiff alleges the tenancy was a fixed- term lease from June 1, 2018 to June 30, 2021. Plaintiff alleges that beginning June 1, 2019, the rent was modified to $4,800 per month until June 1, 2022. In the second lawsuit, Plaintiff alleges that on June 1, 2018, Defendants agreed to rent premises located at 6953 and 6957 Estrella Road in San Miguel for $3,200/month. Plaintiff alleges the ten...
2023.02.16 Demurrer, Motion to Strike 212
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.16
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.16
Excerpt: ...andling of body and remains, (5) negligence and negligence per se, (6) intentional infliction of emotional distress for mishandling of body and remains, and (7) negligent handling of a corpse and infliction of emotional distress. In the complaint, Plaintiff alleges she is a Trustee of the Ruth Madocks Trust (the Trust) and was specifically authorized by the Trust to carry out Ruth Madocks' wishes regarding her remains and memorial service. (Compl...
2023.02.09 Demurrer 703
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Excerpt: ... is the District's demurrer to the FAC. The details of this case have been extensively discussed by this Court in a related case seeking a writ of administrative mandamus: Crawford v. Cayucos Sanitary District, case no. 21CV-0554, and will not be reiterated here. The basic facts are that Plaintiff was a civil service employee for the District from March 26, 2012, until March 31, 2021, when she was terminated after a noticed hearing. Plaintiff all...
2023.02.09 Demurrer, Motion to Strike FAC 382
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Excerpt: ...ein filed a first amended complaint (“FAC”) on May 25, 2022. The FAC does not identify any causes of action. Cyr filed a demurrer and motion to strike, arguing the FAC is barred by the applicable statute of limitations, fails to state facts sufficient to constitute a cause of action, and as a whole is uncertain. For the reasons set forth below, the demurrer is sustained without leave to amend. Cyr's motion to strike is granted without leave t...
2023.02.09 Motion for Court Trial and that Equitable Issues be Tried First, for Bench Trial 618
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Excerpt: ...Kathryn Specchierla, Lawrence Specchierla, and Maureen Harty Specchierla, as co- trustees of the Specchierla Family Living Trust.1 The complaint sets forth causes of action for: (1) Wrongful Interference with Easement; (2) Quiet Title to Easement; (3) Trespass; (4) Nuisance; (5) Declaratory Relief; and (6) Injunctive Relief. On December 31, 2020, Michael Specchierla and Trustee Maureen Specchierla filed a cross- complaint against Plaintiffs. Kath...
2023.02.09 Motion for Summary Adjudication 576
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Excerpt: ...f Pismo Beach pier on September 12, 2020. Plaintiff claims that due to the unsafe design and manufacture of the slide, Plaintiff slid down the slide at a very high rate of speed, causing significant injury. (Second Amended Complaint (SAC), ¶¶ 14-15.) Plaintiffs allege causes of action including negligence, strict products liability, and loss of consortium. Cannon now moves for summary adjudication as to Plaintiffs' first cause of action for neg...
2023.02.09 Motion to Compel Responses 077
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.09
Excerpt: ...hysical Education issued by the Commission. (Respondents' Request for Judicial Notice [RFJN], Ex. A, p. A-10, ¶ 1.) On December 17, 2021, following a four-day hearing, the Commission issued a decision revoking Petitioner's credential. (Id. at p. A-4; Pet., ¶ 48.) The decision became effective on January 16, 2022. (Id. at p. A-4; Pet., ¶ 46.) With his petition, Petitioner requests that the Court issue a writ of mandate commanding Respondents to...
2023.02.07 Motion for Judgment on the Pleadings 246
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.07
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.02.07
Excerpt: ...mple Finance Charge, whereby Defendants agreed to buy, and the dealer agreed to sell a 2015 Toyota Camry. (Compl., Ex. 1.) Plaintiff alleges Defendants agreed to make monthly payments on the outstanding balance plus interest. (Compl., ¶¶ 6, 7.) Plaintiff alleges it has been assigned all rights and interests in the contract by the dealer. (Compl., ¶ 10.) Plaintiff alleges Defendants have breached the contract by failing to make the required ins...
2023.02.02 Motion for Sanctions 488
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Excerpt: ... Property) to Plaintiffs pursuant to a September 3, 2021 Residential Purchase Agreement and Joint Escrow Instructions. (Compl., ¶ 6.) Plaintiffs allege the Property is located within the Cypress Ridge Owners Association (CROA) and is adjacent to the Cypress Ridge Golf Course (the Golf Course). (Id. at ¶ 7.) Plaintiffs allege one of the reasons they were drawn to the Property was because it fronts Avocet Lake. (Ibid.) Plaintiffs further allege t...
2023.02.02 Motion for Leave to File Amended Complaint 433
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Excerpt: ...laintiff on July 14, 2020. No trial date is set. Now before the Court is Plaintiff's motion for leave to file an amended complaint. 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, subd. (a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, a court's discretion usually will...
2023.02.02 Demurrer to Amended Petition 734
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.02.02
Excerpt: ... managing member and signed a declaration on its behalf for the issuance of the permit. (Id. at Ex. 3, p. 0035.) On October 22, 2019, Respondents granted the issuance of a permit, subject to Petitioner's compliance with the applicable Municipal Code provisions. On October 20, 2020, Dayspring transferred his interest in Petitioner to Valnette Garcia. (Pet., ¶ 20, and Ex. F. at NHCSLO000046.) On or around July 28, 2021, Dayspring entered into a pl...
2023.02.01 Motion to Strike 250
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Excerpt: ...Edmunson was driving a truck tractor towing a trailer loaded with an excavator on Highway 101, when a tire blew out. As a result, Edmunson lost control of the truck tractor, veering off the paved highway and striking a guardrail on an overpass. The collision dislodged the excavator, which fell over the side of the highway, landing atop Decedent's vehicle, and crushing it. (Cmp., ¶¶ 4, 15‐17.) Myers is the “for‐hire carrier and owner of th...
2023.02.01 Motion for Continuance of Trial 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Excerpt: ... At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. On October 4, 2019, one of those subcontractors, Sahara Construction Co., Inc. (Sahara), filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross‐complaint for indemnification against Garden Street. In addition, Specialty had previously instituted its own action (20CV‐0167) again...
2023.02.01 Demurrer 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Excerpt: ...nal Counselor, had a plan, whereby Defendant was supposed to make deals on Plaintiff's behalf with various film studios and sports entities for scripts or other work performed by Plaintiff. Now before the court is Defendant's demurrer to the complaint. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., §§ 422.10, 589; Donabedia...
2023.02.01 Demurrer 011
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.02.01
Excerpt: ...od faith and fair dealing (against TJC); (3) enforcement of stop payment notice (against TJC and the County); (4) recovery on payment bond (against Travelers and TJC); and (5) violation of prompt pay statutes for unpaid progress payments (against Travelers and TJC). In the FAC, Plaintiff alleges that it provided labor, service, equipment, or material, or a combination thereof, for a public works contract authorized by the contractor, TJC. (FAC, �...
2023.01.25 Motion for Approval of Settlement Under PAGA 001
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Excerpt: ...porter. Defendant was terminated on November 5, 2019. Plaintiff alleges one cause of action under the Private Attorneys General Act, Labor Code sections 2698, et. seq. (PAGA) for wage and hour violations. Now before the Court is Plaintiff's motion for approval of PAGA settlement. Plaintiff requests that the Court issue an order: 1) granting approval of the proposed settlement under the Private Attorneys General Act, Labor Code sections 2698, et s...
2023.01.25 Motion for Leave to File Amended Complaint 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Excerpt: ...d assigned case number PR120281. Plaintiff filed an amended petition in December 2018.1 On September 9, 2019, Plaintiff filed a separate Petition for Instructions re Corrections, which he amended on August 24, 2020. In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harris), on April 30, 2018.2 According to the complaint, Davis and Edwards3 are the form...
2023.01.25 Motion for Summary Judgment, Adjudication 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Excerpt: ... paralyzed from the waist down when he misjudged the size of a sand dune, drove over the top and crashed at the bottom. Plaintiff signed a waiver when he rented the ATV that expressly released Sun Buggie from any injuries he might sustain riding the ATV at the Park. Plaintiff's First Amended Complaint, filed on July 7, 2021 (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct; and 2) neg...
2023.01.25 Motion to Enforce Settlement 249
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Excerpt: ...tlement conference (MSC) with Attorney/Mediator Andrew Weiss. The parties reached a settlement, which they memorialized on the record. That settlement has now fallen through. Specifically, Plaintiff Dennis Harms, now representing himself in pro per, has refused to participate in the drafting of the settlement documents with his former counsel, Matthew Nash. (According to the Court's records, Mr. Nash is still the attorney of record for Plaintiffs...
2023.01.25 Motion to Quash and Stay Deposition 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.25
Excerpt: ... San Luis Obispo. Now before the Court is Defendants' motion for orders to stay deposition, quash deposition notice, and for a protective order preventing the deposition of Plaintiff's expert witness, Mary Jane Alumbaugh, Ph.D. Dr. Alumbaugh is an expert retained by Plaintiff on the issue of Plaintiff's emotional distress damages. Legal Authority. Code of Civil Procedure1 section 2025.010 provides a party's options to object to a deposition notic...
2023.01.24 Motion to Strike Answer to FAC, to Strike Cross Complaint 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Excerpt: ...ts demurred to the FAC, and on September 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. On November 1, 2022, Defendants filed notice of ruling on the demurrer, filed an answer to the FAC, and filed a cross‐complaint. On November 30, 2022, Plaintiff filed a motion to strike Defendants' answer to the FAC, and a motion to strike Defendants' cross‐complaint. On January 1, 2022, Defendants filed a fi...
2023.01.24 Motion to Deem RFAs Admitted or Compel Further Responses 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Excerpt: ... his vehicle left to avoid hitting Defendant on his driver's side. Plaintiff alleges his vehicle then veered off the road and he hit a tree head‐on. Now before the Court is Plaintiff's motion to deem facts admitted or in the alternative to compel further responses to requests for admission nos. 1, 6, 7, 8, and 13, and for monetary sanctions in the amount of $1,810. Plaintiff's first request, which is to deem the facts in the requests for admiss...
2023.01.24 Motion for Summary Judgment 200
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Excerpt: ...ng the ride, Plaintiff and 13 other riders were guided through several different legs of the tour over several days. On March 13, 2019, Plaintiff and the group were riding from Parkfield to Cambria. A portion of this leg was through remote, open range cattle country on Bitterwater Road in San Luis Obispo County. During this leg, Plaintiff crashed his motorcycle into a crack on the roadway 2.4 miles south of Bitterwater Valley Road and Bitterwater...
2023.01.24 Demurrer, Motion to Strike 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.24
Excerpt: ... of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza‐Alvarez. The complaint alleges that Arayza‐Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza‐Al...
2023.01.18 Motion to Compel Deposition and Docs 229
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Excerpt: ...October 13, 2022, Petitioners began the process of clearing dates to take the deposition of Respondent. (Declaration of Alex N. Newsum (Newsum Dec.), ¶|3; Ex. A.) On October 14, 2022, Petitioners served a Notice of Taking Deposition of Respondent, Margaret Flinn, with production of documents, setting the deposition for October 26, 2022 at 10:00 a.m. (Id., ¶ 5; Ex. C.) Petitioners' counsel also served a letter that indicated the Deposition Notic...
2023.01.18 Motion for Summary Judgment, Adjudication 015
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Excerpt: ...nding balance of $7,512.10. Plaintiff seeks to recover this amount. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima ...
2023.01.18 Motion for Sanctions 194
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Excerpt: ...tories, special interrogatories, and requests for production (RFPs). After obtaining an extension, Plaintiff's responses were due on June 22, 2020. On June 1, 2020, Plaintiff's former counsel filed a Notice of Motion to be Relieved as Counsel, which the Court granted in September 2020. Defendant subsequently served the discovery on Plaintiff directly on September 10, 2020. On October 26, 2020, Defendant's counsel sent a letter to Plaintiff inform...
2023.01.18 Demurrer 297
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.01.18
Excerpt: ...int pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiff cannot assert a common law negligence claim against a public entity, and that Plaintiff's dangerous condition claim is subject to the police protective immunity pursuant to Government Code section 845. The Court sustained the demurrer with leave to amend only as to the second cause of action for dangerous condition of public property. On April 1, 2022, Plainti...
2023.01.12 Motion to Dismiss 668
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.01.12
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.01.12
Excerpt: ...ueline Hobe) to sell the Property. The answer further alleged that as Jacqueline's heir, Dale was entitled to possession of the Property.2 On November 7, 2019, Dale and the Estate of Jacqueline Hobe (collectively, Plaintiffs) filed a civil action against Nielsen. The civil complaint sets forth causes of action for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach...
2023.01.12 Motion to Compel Responses 090
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.01.12
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.01.12
Excerpt: ...s counsel. (Id., ¶¶ 2, 3.) Mount now moves to compel responses without objections to his Form Interrogatories dated June 29, 2022, within two weeks of the date of this order. Mount further moves for monetary sanctions in the amount of $2,560 including filing fee, and attorney time at an hourly rate of $500 per hour, subject to increase if a reply brief is necessary. (Whitehead Dec., ¶¶ 4, 5.) Graciano's opposition challenges only the amount o...