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2021.02.03 Motion for Summary Judgment, Adjudication 502
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...
2021.02.03 Motion for Security 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...
2021.02.02 Motions to Compel 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...rty, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...
2021.02.02 Motion to Declare Vexatious Litigant 189
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...
2021.02.02 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...e of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...
2021.02.02 Motion for Protective Order 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...
2021.01.28 Motion to Contest Good Faith Settlement 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.28
Excerpt: ... arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...
2021.01.27 Motion to Discharge Peremptory Writ of Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...
2021.01.27 Demurrer, Motion to Strike 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...
2021.01.26 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...
2021.01.26 Motion to Compel Compliance 296
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. In November 2019, Plaint...
2021.01.26 Motion to Compel Production of Docs 153
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...
2021.01.21 Motion to Strike, Request for Sanctions 417
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ... guarantees be executed. Defendant moves to strike the complaint pursuant to Code of Civil Procedure section 435, and for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiffs oppose the motion. Defendant argues that Plaintiffs' complaint was filed in bad faith, is frivolous, and was filed in disregard for the current global pandemic landscape. Defendant's counsel submits his declaration in support. Defendant argues t...
2021.01.21 Motion to Compel Compliance with Deposition Subpoena, Request for Sanctions 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ...“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles on Kleck Road. On June 17, 2020, Kleck served an individual Deposition Subpoena for Production of Business Records (the “Subpoenas”) on nonparties Dean Stroud and Lynn Stroud (the “Strouds”). Lynn Stroud is Plaintiff Lisa Canchola's sister. The Strouds live next door to Plaintiffs and in August 2018, also fi...
2021.01.20 Motion to Clarify Order 309
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...
2021.01.20 Motion for Sanctions 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...
2021.01.20 Demurrer, Motion to Quash 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...
2021.01.19 Demurrer, Motion to Strike 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligen...
2021.01.19 Demurrer 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...ses of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...
2021.01.14 Demurrer, Motion for Sanctions 105
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...
2021.01.14 Demurrer 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado's bookkeeper for more than 20 years and, during that time, misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts alleg...
2021.01.14 Demurrer 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts allege ...
2021.01.14 Motion for Summary Judgment, Adjudication 148
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...
2021.01.14 Motion to Quash 262
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...
2021.01.14 Motion to Compel Arbitration 339
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...
2021.01.13 Motion to Amend Judgment 551
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ...rough personal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both Defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187, to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss, and Katherine E. Diaz.1 The motion was not served on either Defenda...
2021.01.13 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...
2021.01.12 Motion for Judgment on the Pleadings 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...
2021.01.12 Demurrer, Special Motion to Strike 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...omplaint on June 26, 2019 and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...
2021.01.05 Motion for Preliminary Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.05
Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...
2020.12.22 Motion to Sever Action, for Entry of Judgment 111
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.22
Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...
2020.12.17 Motion to Compel Further Responses 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.17
Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...
2020.12.16 Petition for Writ of Mandate 731
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.16
Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...
2020.12.16 Motion to Stay 729
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.16
Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...
2020.12.15 Motion for Discovery of Financial Condition 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...
2020.12.15 Motion for Determination of Good Faith Settlement 251
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...
2020.12.15 Motion to Compel Further Responses 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...mplaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...
2020.12.15 Motion for Preference 167
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...
2020.12.15 Motion for Preliminary Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... non‐exempt piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) un...
2020.12.15 Motion to Strike 269
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...
2020.12.10 Motion to Stay, to Consolidate Actions 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...h her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The cri...
2020.12.10 Motion to Lift Stay 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...ookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The criminal complaint was filed on February...
2020.12.10 Motion for Protective Order, to Quash 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...Fears”) are David Fear's children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September 28, 2017, and named the City of Exeter and its police department (the “City”) as defendants.1 Plaintiffs allege the City and two of its employees were negligent in selling one of the dogs from the City's K‐9 unit to its handler, who then left the City's employment. On February 28, 2018, Plaintiffs filed a se...
2020.12.09 Petition for Writ of Administrative Mandamus 035
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...
2020.12.09 Motion for New Trial 169
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...ervatee's motion for a new trial on Michalle's petition for appointment of a temporary conservator of the Estate of Diane McCoy. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a new trial may be awarded where there is “newly discovered evidence, material for the party making the application, which ...
2020.12.09 Demurrer, Motion to Strike 446
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...eges that after assuming the running of the Business, the revenue was not that as indicated in the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc. (“Seller”), SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch, and Karen Hosch. The first five causes of action are alleged against all Defendants, and t...
2020.12.02 Motion to Set Aside Default, Judgment 193
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.02
Excerpt: ...o Code of Civil Procedure section 473.5, on the grounds of lack of actual notice of the proceedings in time to defend. Pinnacle opposes the motion. Wek declares that he was not in the country at the time that Plaintiff filed suit, that he had no knowledge of the case due to the inability to be served, and that he was living in a foreign country from 2009 to 2017. Defendant provides no further details as to where he was living, the precise dates, ...
2020.12.02 Motion for Summary Judgment 242
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.02
Excerpt: ...ld administer the trust.” Petitioner is particularly concerned about two amendments to the Trust; the Second Amendment and Third Amendment. Thomas K. Thompson (Objector), one of the Thompsons' children, is a Trust beneficiary and filed an objection to the petition. Now before the Court is Petitioner's motion for summary judgment or, in the alternative, summary adjudication. The motion is unopposed. Legal Authority. “The purpose of a summary j...
2020.12.01 Motion for Change of Venue 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...
2020.12.01 Motion to Compel Further Responses 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...
2020.12.01 Motion to Quash Writ of Execution 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...
2020.11.25 OSC Re Preliminary Injunction 166
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.25
Excerpt: ...ks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”). Borja now moves on a preliminary basis to (1) remove Trustee and appoint a licensed private fiduciary in her place or, in the alternative, and (2) enjoin Trustee from distributing, disbursing, or selling any income or princi...
2020.11.25 Motion for Preliminary Injunction 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.25
Excerpt: ...6, 1996 (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 relie...
2020.11.19 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ... and delivery, and (6) ejectment. Plaintiffs' lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, including “Su...
2020.11.19 Motion for Summary Judgment, Adjudication 516
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...s causes of action for (1) wrongful termination on the basis of disability in violation of the Fair Employment and Housing Act (FEHA); (2) failure to reasonably accommodate disability in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; and (4) failure to prevent discrimination in violation of the FEHA. Now before the Court is Defendants' motion for summary judgment or summary adjudication of the is...
2020.11.19 Demurrer 138
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...ted that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse, and wrongful death. Plaintiffs allege that in December 2014 their father, Mauricio Cardenas, was a resident of the Manse on Marsh, and that Defendants, who owned the Manse, failed to use ordinary care in the management...
2020.11.18 Motion to Compel Responses 342
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.18
Excerpt: ...nt.1 The matter has been pending since that time. On December 27, 2019, Melanie served on Kevin2 (1) form interrogatories, set one; (2) requests for production, set one (“RFPs”); and (3) requests for admission, set one (“RFAs”). (Schroeder Decl., ¶ 2.) Because the discovery was personally served, Kevin had until January 26, 2020 to respond. (Code Civ. Proc., §§ 2030.260, 2031.260, 2033.250, 2016.050 [§ 1013 applies].) On January 21, 2...
2020.11.18 Motion for Preliminary Approval of Class Action Settlement 240
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.18
Excerpt: ...identify the inclusive dates of the pay period. The parties have now settled, and Plaintiff moves for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiff served the motion and supporting documents on Defendant; no opposition or objection was filed. Plaintiff's motion seeks an order: 1) Preliminarily approving the Stipulation and Settlement of Class Action Claims (“Settlement Agreement” or “Joint...
2020.11.17 Motion for Attorney Fees 154
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...
2020.11.17 Motion for Leave to File Amended Complaint 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ol business property located in Templeton. An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer fi...
2020.11.17 Motion for Leave to File SAC 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...
2020.11.17 Motion for Summary Judgment 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r about June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alle...
2020.11.17 Motion to Compel Arbitration 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...
2020.11.17 Motion to Compel Further Responses 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...
2020.11.17 Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...plaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi's ve...
2020.11.12 Petition to Release Property from Mechanic's Lien 548
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...
2020.11.12 Motion to Transfer Venue 264
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...1, C, and C1 (the “Project”). The Project is a pipeline located in San Luis Obispo County that carries water from Lake Nacimiento to various public agencies. The District is the owner of the Project and Teichert was the District's general contractor. Teichert's portion of the Project involved installation of pipeline crossings underneath the Nacimiento and the Salinas Rivers. The Project was completed in 2010, and the complaint alleges that i...
2020.11.12 Motion for Terminating Sanctions, to Deem RFAs Admitted 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...n for (1) breach of contract, (2) declaratory relief, and (3) unjust enrichment. The parties' dispute relates to their written agreement to open and market a new Allstate Insurance Agency. Now before the Court are two motions filed by Plaintiff/Cross‐Defendant: (1) motion for terminating sanctions for refusal to comply with discovery orders; and (2) motion for an order establishing admissions and for sanctions. The Court is not in receipt of De...
2020.11.12 Motion for Preference 244
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...take six to seven weeks. On March 16, 2020, the Court suspended the trial due to the coronavirus pandemic. Thereafter, the jury completed a questionnaire regarding their availability to continue to serve as jurors in light of the pandemic. Several jurors, and all the alternate jurors, were no longer able to serve due to the pandemic. On June 25, 2020, the Court declared a mistrial. A jury trial is now set to begin on March 8, 2021, and is anticip...
2020.11.10 Motion to Compel Arbitration 145
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...
2020.11.10 Motion for Sanctions, for Vexatious Litigant Determination 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...rchase of real property in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining Defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...
2020.11.10 Demurrer 250
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...il Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related t...
2020.11.05 Demurrer 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...iled a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action). The Landry was part of a tour gr...
2020.11.05 Motion for Attorney's Fees 037
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...he Note, the most recent of which was executed in 2015. On May 15, 2018, the Court issued a Right to Attach Order in favor of Plaintiff and against Mr. Takken in the amount of $598,487.52. The order covered all of Mr. Takken's interests in real and personal property as listed in Code of Civil Procedure section 487.010(c), including his interest in Takken Investment Properties, LLC (the LLC). A Writ of Attachment was issued on July 3, 2018, specif...
2020.11.05 Motion for Entry of Proposed Order for Prejudgment Possession 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...r supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City's motion for prejudgment possession. The Court did not sign the proposed orde...
2020.11.05 Motion to Enforce Settlement 030
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ... served with the summons and complaint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plainti...
2020.11.05 Motion to Compel Compliance with Deposition Subpoena 063
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...Gustin”; collectively with Haagensen “Plaintiffs”) filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Both complaints allege that Nielson, who owns a gymnastics training center, made defamatory statements about Plaintiffs at the Center and the gymnastics community at large. Gustin, a gymnastics coach and owner of a gymnastics team, alleges Nielson engaged in ...
2020.11.03 Motion for Change of Venue 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.03
Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...
2020.10.29 Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief 597
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...
2020.10.29 Motion to Enter Judgment Pursuant to Stipulation 369
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...
2020.10.29 Motion to Enforce Settlement 030
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ...aint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plaintiff moves pursuant to Code of Civil...
2020.10.29 Motion for Change of Venue 610
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...
2020.10.29 Demurrer, Motion to Strike 387
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ...he custody of the California Department of Corrections and Rehabilitation (the “CDCR”). The State of California, acting by and through the CDCR (the “State”), demurred to the causes of action alleged against it in the FAC. The Court found that the only causes of action pleaded against the State was the first cause of action for negligence and a violation of Government Code section 845.6, and as to that cause of action the Court sustained ...
2020.10.28 Motion to Compel Arbitration 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.10.28
Excerpt: ...n; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. Now before the Court is Defendants' motion to compel arbitration. Legal Authority. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1...
2020.10.28 Motion for Summary Judgment, Adjudication 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.10.28
Excerpt: ...rta 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. as Doe...
2020.10.28 Motion for Determination of Filing in Bad Faith, for Attorney's Fees 395
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.10.28
Excerpt: ...vivor's trust, a marital trust, and an exemption trust. Marcia remained the sole trustee until replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Family Trust has been subject to ongoing litigation (case number PR13‐0085),2 including a pe...
2020.10.28 Demurrer 247
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.10.28
Excerpt: ...4) intentional infliction of emotional distress. Plaintiff alleges that he is an imam, and past visitor at the California Men's Colony (CMC) prison facility in San Luis Obispo County. Plaintiff alleges that Defendants have conspired to label him as an “ex‐convict” in order to prevent his visits with various inmates at CMC. Plaintiff alleges his reputation has suffered as a result. Now before the Court is a demurrer filed by CDCR and Ms. Gas...
2020.10.27 Motion for Summary Judgment, Adjudication 074
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...denial of Plaintiff's claim insurance claim for losses sustained in a burglary. Defendant now moves for summary judgment as to the complaint or, in the alternative, summary adjudication of 1) Plaintiff's first cause of action for breach of contract; 2) Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing, and 3) Plaintiff's prayer for punitive damages. Plaintiff opposes the motion. Plaintiff owns a ...
2020.10.27 Motion for Determination of Good Faith Settlement 012
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...(“Urman”) now moves for a determination of good faith settlement between herself and Plaintiff pursuant to Code of Civil Procedure section 877.6(a). In addition to a determination that the settlement between Urman and Patterson has been made in good faith, Urman request an order that the following pleadings be dismissed with prejudice: 1. The First Amended Complaint filed on behalf of Plaintiff as against Urman, on or about June 26, 2019; 2. ...
2020.10.27 Motion to Vacate Dismissal and Enforce Settlement 258
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...
2020.10.27 Motion to Compel Further Responses 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs' motion to compel further written responses to...
2020.10.27 Motion to Enforce Settlement 255
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ... Obispo County. The first on Kiler Canyon Road in Paso Robles and the second on Vine Street in Paso Robles. Plaintiffs filed a first amended complaint on March 14, 2018, which Defendants answered in September 2018. At a settlement conference held on February 21, 2020, the parties reported the matter as settled, stated the settlement on the record, and requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 (...
2020.10.27 Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...is allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...
2020.10.22 Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief 597
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.22
Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...
2020.10.22 Motion to Enter Judgment Pursuant to Stipulation 369
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.22
Excerpt: ...l settlement and that a request for dismissal would be filed no later than December 22, 2023. In compliance with local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385, stating the matter would be dismissed on February 5, 2024, absent a motion to vacate the order. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have ...
2020.10.22 Motion for Change of Venue 610
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.22
Excerpt: ... breach of contract / ERISA benefit enforcement; and (2) breach of fiduciary duty. The dispute arises out of the Plan's refusal to pay for medical treatment received by each of the twelve Plaintiffs in connection with their total knee arthroplasties. Plaintiffs obtained coverage under the medical plan by virtue of their employment with Kern County. The FAC states each of the plaintiffs underwent medical care with Dr. Ferro at Concierge, an outpat...
2020.10.21 Motion for Summary Judgment, Adjudication 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.10.21
Excerpt: ... Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued 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 subtrusts. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case No...
2020.10.20 Petition to Compel Arbitration 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...eements in August 2019. The contracts were executed in Paso Robles, California, but performance was to occur both in Paso Robles and Shelby, Michigan. (Pecharich Decl., ¶¶ 3 ‐6, Ex. 1.) Paragraph 11(B) of the two consulting agreements provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agree...
2020.10.20 Motion to Quash Deposition Subpoena 015
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...s caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 and to quash a subpoena for production of business records served on North Coast Engineering (“NCE”) (the “Subpoena”), or in the alternative, for a protective order. Pla...
2020.10.20 Motion for Judgment on the Pleadings, for Preliminary Injunction 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...d the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, 2020, filed a Second Amended Complaint (“SAC”). The parties met and conferred further but were unable to come to a resolution. The County demurred to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. The County's demurrer was overr...

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