Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1855 Results

Location: San Luis Obispo x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 241))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 1200,100
Array
(
)
2020.10.20 Motion for Attorney's Fees 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...ng‐Beverly Act; (3) violation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. On March 26, 2020, Plaintiff accepted Defendants' Code of Civil Procedure section 998 Offer to Compromise in the amount of $159,968.94 (the 998 Offer). Plaintiff now move...
2020.10.06 Motion for Appointment of Counsel 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...aintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). Plaintiff now brings a motion for appointment of counsel with good cause. Plaintiff has brought such a motion multiple times, and each time has been denied. Plaintiff argues that due to the COVID‐19 pandemic and tha...
2020.10.06 Motion for Summary Adjudication 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...own 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 First Amended Complaint on July 8, 2019, and...
2020.10.06 Motion for Preliminary Approval of Class Action Settlement 024
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...pt HVAC technicians. Plaintiffs' second amended complaint (SAC) alleges causes of action for (1) failure to provide rest breaks, (2) failure to provide meal periods, (3) failure to pay all wages earned for all hours worked [at] the correct rates of pay, (4) wage statement penalties, (5) waiting time penalties, (6) failure to indemnify, (7) unfair competition, and (8) civil penalties under the Private Attorneys General Act (PAGA). This action has ...
2020.10.01 Motion for Summary Judgment 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.01
Excerpt: ...nd the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to leaving his employment with the City of Exeter, Geiger purchased Neo from the city and moved to Grover Beach, California. On September 28, 2017, the Fears and Long (collectively, “Plaintiffs”) filed this action against Geiger, Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter (the “City”...
2020.10.01 Motion for Leave to File Amended Complaint 051
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.01
Excerpt: ...re sections 473 and 576, for leave to file a first amended complaint (“FAC”). The motion was served on Defendant's counsel of record, but no opposition was filed. Plaintiff seeks to amend the complaint to add two additional causes of action: (1) Breach of Covenant of Good Faith and Fair Dealing against Defendant and Does 1 through 10; and (2) Negligent Misrepresentation against Defendant and Does 1 through 10. Plaintiff's motion includes a de...
2020.10.01 Demurrer, Motion to Strike 278
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.01
Excerpt: ...bout June 2015, Plaintiff and Defendant discussed purchasing a parcel of undeveloped real property (the Property) located at 4210 Ramada Drive, in unincorporated San Luis Obispo County near Templeton. (SAC, ¶ 7.) Plaintiff alleges it was interested in the 20 acres fronting Ramada Drive, and Defendant was interested in the 20 back acres. (Ibid.) Plaintiff alleges the parties agreed Defendant would purchase the Property and grant Plaintiff an excl...
2020.09.29 Motion to Quash 144
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.29
Excerpt: ...an uninsured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served v...
2020.09.29 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.29
Excerpt: ...s out of a July 17, 2017, wildfire started as a result of roadwork on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County and asserting causes of...
2020.09.24 Motion to Compel Deposition 252
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.24
Excerpt: ...Harmon‐ Perry”) (collectively “Defendants”). Natale's notice of motion further requests monetary sanctions. Defendants oppose the motion. Natale first noticed the depositions of Wolkoff and Harmon‐Perry on September 4, 2019, to take place on October 4, 2019. (Karen Decl., ¶ 2; Exh. 1.) On February 18, 2020, Natale served amended deposition notices continuing Wolkoff's deposition to April 14, 2020, and Harmon‐ Perry's deposition to Ap...
2020.09.24 Motion for Leave to File Amended Complaint 631
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.24
Excerpt: ...or (aged 14 months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. Defendant answered the complaint on November 20, 2019.2 Currently, before the Court is Plaintiff's request for leave to file a first amended complaint (“FAC”), to include a claim for punitive damages. Plaintiff states that during discovery she discovered new facts showing that Defendant acted with conscious disregard for the minor's s...
2020.09.23 Motion for Preference 502
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.23
Excerpt: ...ado Homeless Shelter (the Shelter) in San Luis Obispo, and Mr. Bartholomew, a Shelter employee, approached Plaintiff at Ms. Gomez's directive to assist. (Compl., ¶¶ 13, 14.) Plaintiff further alleges that, after he helped Plaintiff jump start her vehicle, Mr. Bartholomew backed up in his truck as Plaintiff walked behind it, running over her legs and causing her to suffer a massive subdural hematoma, severe swelling of the brain, edema, sepsis, ...
2020.09.23 Motion to Appoint Receiver, to Issue Preliminary Injunction, for TRO 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.23
Excerpt: ... forth thirteen causes of action and explains a business venture gone sour. Currently on calendar is Plaintiffs' request for (1) an order appointing a receiver to take possession, custody, and control of the assets and operations of NHC Grover Beach LLC (“NHC Grover”), Dayspring Farms Cultivation LLC (“Dayspring Cultivation”), and Natural Healing Center LLC (“NHC”; collectively, the “Companies”); and (2) issuance of a preliminary ...
2020.09.23 Motion to Correct or Clarify Statement of Decision 220
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.23
Excerpt: ...2019, the Court issued its proposed statement of decision. On January 7, 2020, both Plaintiff and Forster‐Gill, Inc. filed objections to the tentative statement of decision. After review, on January 21, 2020, this Court issued its final statement of decision (the “Decision”). The Decision awarded Plaintiff a judgment in the total amount of $58,296.39. On January 31, 2020, prior to judgment being entered, Plaintiff filed a motion to correct ...
2020.09.23 Motion to Set Aside Default 090
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.23
Excerpt: ...d against Wilmington Trust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set a...
2020.09.22 Motion for Preliminary Approval of Class Action Settlement 367
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...ses of action under the Labor Code, Business and Professions Doe sections 17200, et seq., and the Private Attorneys General Act (Labor Code sections 2698, et seq.). The parties mediated this action and subsequently Plaintiff's counsel, David Spurr, and Defendants' counsel executed a Memorandum of Understanding resulting from a mediator's proposal. (Perry Decl., ¶ 4; Exh. A.) Plaintiff and Defendants thereafter executed a Class Action Settlement ...
2020.09.22 Motion for Leave to File Amended Complaint 309
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...ureds' property in Creston, California, which caused a fire and damage to Plaintiff's insureds' property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds' rights to pursue the responsible parties for causing the loss, up to the amount paid. Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint...
2020.09.22 Motion for Discovery Sanctions 378
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...t granted Plaintiff's motion to compel Defendant to produce documents and things, including production of the jewelry at issue. The Court ordered Defendant to produce documents and things and pay sanctions to Plaintiff's counsel on or before March 7, 2020. Defendant apparently failed to comply with the March 7, 2020 deadline. Now before the Court is a motion from Plaintiff stylized as a “motion for discovery sanctions including entry of default...
2020.09.17 Motion to Compel Release of Photographs 565
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.17
Excerpt: ..., 2018 accident wherein their son, Jordan Grant, was riding his motorcycle on U.S. Route 101 when a car turned in front of him from El Campo Road, colliding with and killing him. Now before the Court is the State's motion for an order permitting the release of photographs of the decedent taken by the San Luis Obispo County Sheriff‐Coroner's Office. As outlined in the State's motion, Senior Deputy Coroner for the County Sheriff‐Coroner's Offic...
2020.09.17 Motion for Leave to File Amended Complaint 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.17
Excerpt: ... now moves pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed First Amended Complaint, attached as an exhibit to the motion (the “FAC”), to include allegations and a prayer for punitive damages against Defendant. Plaintiff served her motion on Defendant, but no opposition was filed. Plaintiff argues that she discovered new facts during discovery confirming that Defendant knew that his donkey was a threat to animal...
2020.09.16 Motion to Deem Requests for Admissions Admitted, Production of Docs, Responses 391
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.16
Excerpt: ...ioners”) filed a petition to determine ownership of the stocks under Probate Code section 850.1 Petitioners named Decedent's daughter, Ginamarie Andreoli (“Respondent”), as the respondent.2 Respondent is the executor of Decedent's estate, and has been serving in that role since testamentary letters were issued to her on February 5, 2019. On March 19, 2020, Petitioner filed a counterpetition stating claims for financial abuse and fraud, and ...
2020.09.16 Motion for Preliminary Injunction 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.16
Excerpt: ... trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Settlor Sylvia June Asavis (June1 ) died on January 17, 2019, at the age of 79. June had no children. She was predeceased by Louis Asavis, her husband of 30 years, in 2019. J...
2020.09.16 Applications for Right to Attach Order and Writs of Attachment 702
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.16
Excerpt: ...aintiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff filed two...
2020.09.15 Motion to Vacate Dismissal and Enter Judgment 479
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.15
Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...
2020.09.10 Motion to Dismiss or Stay Case 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.10
Excerpt: ...f 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 “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 La...
2020.09.09 Motion to Strike 237
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.09
Excerpt: ...fliction of emotional distress. The dispute arises from Markson's conduct as counsel for defendant in Arthur Mogilefsky v. Panda Express (20LC‐0018), which was filed in this Court on January 6, 2020 (the “Underlying Action”). The FAC alleges that Markson represented Panda Express; and Plaintiff states that Lickerman was in‐house counsel for Panda Express (Opp., p. 2, ll. 27‐28) working with and supervising Markson (FAC, ¶ 12). Accordin...
2020.09.09 Demurrer, Motion to Strike 446
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.09
Excerpt: ...erating the Business, the revenue generated did not compare to 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., SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch and Karen Hosch. The first five causes of action are alleged against all defendants, and the sixth cause of action for rescission is alleg...
2020.09.08 Motion to Enforce Settlement 169
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...
2020.09.08 Motion to Bifurcate 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...
2020.09.08 Motion for Summary Judgment 293
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...nty YMCA as defendants. PCC now moves for summary judgment, or in the alternative, summary adjudication, pursuant to Code of Civil Procedure section 437c. PCC moves on the grounds that Plaintiff has failed to present any competent evidence creating a triable issue of material fact that Plaintiff's claims against PCC have any merit. Plaintiff's action arises out of a February 11, 2017, fall by Plaintiff when she attempted to walk up fixed bleacher...
2020.09.08 Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...
2020.09.03 Motion to Vacate Summary Judgment and Exonerate Bail Bond 328
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.03
Excerpt: ...issued for Roche's arrest. The initial forfeiture period gave the bail agent 185 days from the date of forfeiture to locate and return Roche to custody. (Penal Code, § 1305) ABC contends it was close to apprehending Roche as the deadline approached, and thus, on December 16, 2019, requested an additional 180 days to apprehend Roche. (Pen. Code, § 1305.4) The County of San Luis Obispo (the “County”) opposed the extension request and the matt...
2020.09.03 Motion to Vacate Dismissal 123
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.03
Excerpt: ...ement Conference and the matter was set for an OSC re: Dismissal. Plaintiff responded to the OSC by submitting a declaration from counsel setting forth challenges experienced due to the death of counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint were served on all Defendants. At the August 24, 2018 hearing, the Court discharged the OSC. On December 11, 2018, Plaintiff again failed to appea...
2020.09.03 Motion for Leave to File Complaint 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.03
Excerpt: ...MC. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fall. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. GMC now moves pursuant to Code of Civil Procedure sections 428.10, 428.30 and 428.50, for an order granting leave to file a Cross‐Complaint for equitable indemnity and declaratory relief against Eric Ford Shepherd (“Dr. Shepherd”) and Roe...
2020.09.03 Demurrer 723
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.09.03
Excerpt: ...) against Defendants on May 29, 2020. The FAC alleges eleven causes of action: (1) breach of contract; (2) false promise; (3) conversion; (4) quantum meruit; (5) quantum valebant; (6) civil conspiracy; (7) unfair competition law; (8) emotional distress; (9) declaratory and injunctive relief; (10) shareholder inspection; and (11) constructive trust. Defendants now jointly and severally demur to each cause of action in the FAC on the grounds that (...
2020.09.02 Demurrer 120
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ... the complaint was subject to demurrer, and on March 16, 2020, Defendants' counsel sent meet and confer correspondence to Plaintiff's counsel, setting forth their grounds for demurrer. (Diamond Decl., ¶ 2; Exh. 1.) Plaintiff's counsel responded that he would be open to amending the complaint and Defendants received several extensions to file a responsive pleading pending filing of the amendment. (Diamond Decl., ¶ 2.) Plaintiffs failed to file a...
2020.09.02 Demurrer 077
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ...th the following facts: Roger G. Tefft, M.D. and Olivia L. Tefft created the Trust on April 23, 2012, and served as the initial trustees. On that same day, Dr. Tefft executed a pour‐over will providing that upon his death all of his property was to be distributed to the Trust. On September 8, 2017, Dr. and Mrs. Tefft resigned as trustees. Carsel then accepted the position as successor trustee. Dr. Tefft died on September 9, 2017, and Carsel has...
2020.09.02 Motion to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ...r the work. On September 19, 2018, Defendants filed a Cross‐Complaint against Plaintiff, Charessa Tatum and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On March 26, 2020, Brown propounded a Request for Production of Documents, Set 3 (“RFP 3”) (Nos. 32‐47), on Plai...
2020.09.02 Demurrer, Motion to Strike 398
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ...ff's lawsuit centers around his July 8, 2017 stay at the Courtyard Marriott Hotel in San Luis Obispo (the Hotel), during which stay Plaintiff alleges he sustained bedbug bites. Plaintiff alleges he has suffered personal injury and monetary damages. Now before the Court is Marriott's demurrer to, and motion to strike, the complaint. Demurrer Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues...
2020.09.02 Motion for Final Approval of Class Action Settlement 643
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ...y 2020. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Service Award, and Attorneys' Fees and Costs. No opposition has been filed. The settlement provides for a gross settlement amount of $300,000. After deducting administration costs of $12,455, Plaintiff's $5,000 service award, attorneys' fees and costs of $125,000 to class counsel, and a $7,500 payment to the Labor & Workforce Development...
2020.09.02 Petition for Writ of Mandate 321
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.09.02
Excerpt: ...residence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet...
2020.09.01 Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...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. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plain...
2020.09.01 Motion to Set Trial, for Sanctions 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ... and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell used her property in such a way that untreated sewage from an unpermitted septic tank has flowed from the Powell Property to Plaintiff's Property. Plaintiff also alleged that...
2020.09.01 Motion to Enforce Settlement 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...her share of the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain th...
2020.09.01 Motion to Compel Further Responses 012
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...pany of Los Angeles, LLC and EAN Holdings, LLC (collectively “Defendants”) now move for an order compelling Plaintiff to provide further responses to Defendant's Form Interrogatories, Set One, Nos. 2.3, 4.1, 4.2, 17.1 (the “Interrogatories”) and Defendants' Requests for Admissions, Set Two, Nos. 1‐4 (the “RFAs”). Defendants further move for imposition of monetary sanctions against Plaintiff in the amount of $22,220. (Dorenbaum Decl....
2020.09.01 Motion for Protective Order 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...of Labor 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 Anthony; 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 wr...
2020.08.27 Motion for Expenses, to Consolidate 668
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.27
Excerpt: ... 2019, Hobe and the Estate of Jaqueline Audrey Hobe (collectively “Plaintiffs”) filed a civil action (19CV‐0668) for financial elder abuse, fraud, cancellation of title, conversion, recovery of trust property – conversion, constructive trust, breach of contract and declaratory relief against Nielsen (the “Civil Action”). Hobe now moves for her expenses in serving Nielsen in the Civil Action. Plaintiffs also both move to consolidate th...
2020.08.27 Demurrer, Motion to Strike 186
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.27
Excerpt: ...e, fell due to the debris strewn about from the collision. Plaintiff suffered unspecified injuries that required hospitalization and surgery. The complaint sets forth causes of action for (1) motor vehicle negligence; (2) general negligence; and (3) intentional tort. Plaintiff also seeks punitive damages based on the fact that Defendant “voluntarily consumed alcoholic beverages to the point of intoxication, knowing from the outset that he would...
2020.08.27 Motion for Leave to File Complaint 620
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.27
Excerpt: ...uary 14, 2019. Defendant now moves pursuant to Code of Civil Procedure section 426.50 and 428.50 for an order granting leave to file a cross‐ complaint, a copy of which is attached to the motion as Exhibit A. Defendant moves on the grounds that the causes of action asserted in the proposed cross‐ complaint arise out of the same transaction, occurrence, or series of transactions or occurrence as the causes of action brought against Defendant; ...
2020.08.27 Motion to Compel Further Responses 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.27
Excerpt: ...iffs”)1 filed this action against Alex Geiger (the dogs' owner; “Geiger”), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments.2 On February 28, 2018, Plaintiffs filed a second amended complaint (“SAC”), which names Sergeant Brett Inglehart (“Inglehart”) of the Exeter Police Department as an addition...
2020.08.27 Motion for Summary Judgment, Adjudication 681
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.27
Excerpt: ...aintiffs' second amended complaint (SAC) include San Luis Obispo Defenders, APLC; Patricia Ashbaugh; and Ronald Crawford (collectively referred to as the Attorney Defendants). Plaintiffs plead one cause of action for legal malpractice against the Attorney Defendants. In the SAC, Plaintiffs allege that San Luis Obispo Defenders, APLC was appointed to represent Russell in a felony case entitled People of the State of California v. Russell Hammer (1...
2020.08.26 Motion for Summary Adjudication of Punitive Damages Claim 090
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.26
Excerpt: ...tomobile accident allegedly caused by Mark Tenhet, II on April 11, 2017, on the U.S. 101 highway northbound, near Del Rio Road in San Luis Obispo County. The SAC seeks punitive damages against Defendant only. According to the SAC, Defendant made an unsafe lane change into the lane in which Plaintiff was driving, causing Plaintiff to swerve into the center median and back across the interstate which, in turn, sent Plaintiff's vehicle into a roll. ...
2020.08.26 Motion for Preference 184
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.26
Excerpt: ...n Luis Obispo (“the City”), on March 24, 2020. The parties have filed multiple stipulations and orders extending the time for the City to respond. Andrews now moves for preference pursuant to Code of Civil Procedure section 36(a) on the grounds that Andrews is 79 years of age, has a substantial interest in the action and her health is such that a preference is necessary to prevent prejudicing her interest in the litigation. Code of Civil Proc...
2020.08.26 Motion for Joinder, to Enforce Settlement 309
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.26
Excerpt: ...dispute arises from a 2015 Memorandum of Agreement (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.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned b...
2020.08.26 Demurrer 062
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.26
Excerpt: ... latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Keystone's demurrer to the first cause of action for professional negligence, second cause of action ‐ count one (strict liability), and second cause of action ‐ count three (breach of warranty). K...
2020.08.25 Motion for Change of Venue 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...ively, “Respondents”). Since that time, the matter has been continued by stipulation of the parties as they engaged in settlement discussions. On April 20, 2020, Petitioner filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of t...
2020.08.25 Demurrer, Special Motion to Strike 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ... September 13, 2019, Plaintiff names as Defendants: the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lopez; Santa Barbara County Counsel Maria Novatt; Judge Jean Dandona; Public Defender Daniel Murphy; Loss and Prevention for the County of Santa Barbara Samantha Francis; Foster Agency Blanca Diaz; and Santa Barbara Coun...
2020.08.25 Demurrer 047
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...me causes of action. The FAC alleges that in 2011, Caltrans realigned and expanded existing Highway 46 causing the Wicks' home to vibrate, thereby interfering with their use and enjoyment of the property and causing physical damage to the structure of their home (e.g., cracks in the walls and ceiling). Currently before the Court is Caltrans' demurrer to the second and third causes of action. For the reasons set forth below, the Court overrules th...
2020.08.25 Motion to Compel Neuropsychological Exam 293
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...Obispo County YMCA as defendants. First Assembly of God of Arroyo Grande (“Defendant”) now moves to compel Plaintiff to submit to a neuropsychological examination. The parties have extensively met and conferred, Plaintiff agrees to submit to an examination, and the parties generally agree on the terms of the examination. The examination is to be conducted by George K. Henry, Ph.D. (“Dr. Henry”), in order to ascertain the nature and extent...
2020.08.25 Motion to Strike 099
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...urance agreement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery,...
2020.08.25 OSC Re Contempt, Motion to Quash 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...ring on the permanent injunction on August 10, 2017, and both the County and Defendant appeared. Defendant was sworn in and testified at the hearing. Thereafter on August 31, 2017, this Court entered a Final Judgment and Permanent Injunction against Defendant (the “Order”). The Court retained jurisdiction to enforce the injunction. Currently before the Court are an Order to Show Cause (“OSC”) re: Contempt, which was set upon the ex parte ...
2020.08.20 Petition to Compel Arbitration 156
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.20
Excerpt: ...: You acknowledge that I have advised you that I desire to arbitrate any and all disputes arising out of any provisions of services that I provide you. This includes any legal malpractice which you may hereafter claim regarding the matter for which you are hiring me. It also includes any claim for any intentional tort, fraud, claimed statutory violations or any other legal theory or claim which is ancillary to the underlying legal malpractice cla...
2020.08.19 Motion to Deem Request for Admissions Admitted 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.19
Excerpt: ...re due on March 25, 2020. The first set of RFAs included 77 requests: 47 of which inquired into the truth of certain factual matters and 30 of which sought admissions regarding the genuineness of certain documents. On March 18, 2020, Hazeltine served by mail a second set for RFAs on Petitioner. Petitioner's responses were due on April 22, 2020. The second set of RFAs contained a single request seeking admission of the genuineness of a document th...
2020.08.19 Motion for Judgment on the Pleadings 498
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.19
Excerpt: ...(FEHA); (3) wrongful termination in violation of public policy; and (4) promissory estoppel. Plaintiff's complaint alleges that in 2017, Plaintiff learned that her daughter was pregnant and expected to give birth in February 2018. (Compl., ¶ 9.) Plaintiff alleges that she requested time off to care for her daughter, which time off request was initially approved by Mark Schieber, her boyfriend and supervisor. (Id. at ¶¶ 7, 9.) Mr. Schieber alle...
2020.08.18 Motion to Strike 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.18
Excerpt: ...Cities performed by Dr. Chalekson, which included implanting a mesh to prevent hernias. (FAC, ¶ 14.) The FAC alleges that the mesh used (i.e., Ventralight) by Dr. Chalekson during her procedure has been shown to be unreliable and the subject of numerous recalls. (FAC, ¶¶ 19‐20.) The FAC further alleges that after becoming very sick, Plaintiff went to the emergency room in April 2016, where a CT scan was performed showing she had a hernia and...
2020.08.13 Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief 597
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ... 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 t...
2020.08.13 Motion for Preliminary Approval of Class Action Settlement 036
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ...n of Settlement (the Settlement). Arguello brings this unopposed motion for preliminary approval of class action settlement, moving the Court for an order: (1) granting class certification of the Class solely for settlement purposes, pursuant to Code of Civil Procedure section 382; (2) preliminarily approving the Settlement; (3) appointing David Spivak of The Spivak Law Firm and Walter Haines of the United Employees Law Group as Class Counsel; (4...
2020.08.13 Motion for Judgment on the Pleadings 777
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ...ings pursuant to Code of Civil Procedure section 438, on the ground that the complaint does not contain facts stating a cause of action against U.S. Bank. U.S. Bank argues that the complaint does not state facts sufficient to allege the elements of conversion and lacks sufficient facts to establish that Plaintiff has standing to assert claims on behalf of the Estate of Victor Raigoza. The complaint alleges one cause of action against U.S. Bank fo...
2020.08.13 Demurrer 777
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ... complaint pursuant to Code of Civil Procedure section 430.10(e), on the ground that the pleading does not state facts sufficient to constitute a cause of action. Defendants demur to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against state employees, and that Plaintiff lacks standing to challenge the disposition of a check made out to the Estate of Victor Raigoza, as he...
2020.08.12 Motion to Strike 033
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.12
Excerpt: ...ainst both Defendants); (5) quiet title to deeded easement (against Norgrove); (6) declaratory relief (against both Defendants); and (7) injunctive relief (against both Defendants). Plaintiff alleges it owns agricultural property located at 111 East El Campo Road in Arroyo Grande (the El Campo Property). Norgrove owns the adjacent property located at 2445 and 2449 Brady Lane (the Brady Lane Property). Plaintiff alleges it owns a water well (the W...
2020.08.12 Motion for Leave to File Complaint 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.08.12
Excerpt: ...auses 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”). The FAC arises out of an agreement that Kurkeyerian, SCI, and the Benham Defendants entered into on July 10, 2016. Plaintiffs allege, am...
2020.08.11 Motion to Quash Deposition Subpoena for Production of Records 075
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.11
Excerpt: ...three parcels of real property that were distributed to Timothy Franklin and Kenneth Franklin from their parents' trust following the death of their mother and a contract agreeing to perform a lot line adjustment and create an access road easement to the parcels. Plaintiffs now move this Court for an order quashing four third‐party Deposition Subpoenas for Production of Business Records (“Subpoena” or collectively, the “Subpoenas”) serv...
2020.08.11 Motion for Post-Judgment Attorneys' Fees 400
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.11
Excerpt: ...s for an award of post‐judgment attorneys' fees and costs in the amount of $6,240.50 incurred in enforcement of the judgment pursuant to Code of Civil Procedure section 685.040. Code of Civil Procedure section 685.040 provides that: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwi...
2020.08.06 Demurrer, Motion to Strike 140
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.06
Excerpt: ...int centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions. Plaintiff alleges she presented the Vehicle to Defendant's repair personnel on several occasions, and on each occasion, those representatives confirmed the defects/malfunctions would be remedied. Plaintiff alleges that those representations were false and that the Vehicle's defects/malfunctions still...
2020.08.06 Motion to Compel Further Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.06
Excerpt: ...causes of action for (1) declaratory relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. The Parties. The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Di...
2020.08.04 Demurrer 099
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ...reement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery, and any ...
2020.08.04 Demurrer 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ...nferred further but were unable to come to a resolution. The County now demurs 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. Plaintiff opposes the demurrer. Plaintiffs' action arises out of a dispute she had, and is having, with her neighbors. Plaintiff sets forth extensive facts concerning this dispute. At the heart of he...
2020.08.04 Motion to Enforce Settlement Agreement 115
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ... Defendant formally dissolved as a corporate entity and was thereafter defended and indemnified in this action by Surry Six Holdings, LLC (hereinafter, “SSH”). SSH was added as a Doe defendant in this action on June 17, 2020. The parties settled the action. Currently before the Court is Plaintiff's motion for an order to enforce the settlement agreement and extend the dismissal date and for attorney's fees and costs. The Settlement Agreement ...
2020.07.30 Motion for Summary Judgment, for Good Faith Settlement Determination 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ...oyo Grande owned by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages and general damages. Plaintiff contends that he was injured on property located in Arroyo Grande owned and operated by the defendants, and suffered serious injury to his ankle when he fell into a hole. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fal...
2020.07.30 Motion for Prejudgment Possession 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ... (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 Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary constru...
2020.07.30 Demurrer 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ...Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a ...
2020.07.22 Motion for Summary Judgment, Adjudication 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...ment or, in the alternative, summary adjudication of the second cause of action for breach of promissory note1 . No opposition is on file. Plaintiffs' proof of service evidences that Defendant was timely served with this motion. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Ca...
2020.07.22 Demurrer 782
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...ffs' first cause of action for inverse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint did not state facts sufficient to state a cause of action for inver...
2020.07.22 Demurrer 644
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...a demurrer to the complaint filed by Raymond Cuellar, Adrian Cuellar, and Ruben Cuellar, collectively the Cuellar Defendants. Legal Authority. 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; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A de...
2020.07.21 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.21
Excerpt: ...��) to Plaintiff's known vendors, and then proceeded to deposit these checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 Plaintiff seeks damages covering a three‐year period from September 2016 through June 2019. In response to the Court's ruling on a prior demurrer, Plaintiff filed a first amended complaint (“FAC”) on February 18, 2020. The FAC sets forth the f...
2020.07.16 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...d a limited liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 own a 50% membership interest in the LLC, which was managed by a board of managers comprised of tw...
2020.07.16 Motion for Summary Judgment 657
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...y and post‐operative care, Defendants lacked reasonable skill and care, causing unintended injury to Plaintiff. Plaintiff alleges he was left with temporary blindness, and underwent additional corrective medical procedures due to the complications caused by the injury to his eye. Now before the Court is Defendants' motion for summary judgment. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that mat...
2020.07.15 Motion for Attorneys' Fees 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...st 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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or the “Commission”) was the on...
2020.07.15 Motion for Attorney's Fees 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...er the Song‐Beverly Act (the Act). After this Court denied Plaintiffs' motion for summary adjudication, the parties settled. Plaintiffs now move for their attorneys' fees and costs. Plaintiffs request a total award of $179,955.25, consisting of $137,823.50 in fees; $14,958.22 in costs and expenses; a lodestar multiplier enhancement in the amount of .15, or $20,673.53 ($137,823.50 x .15); and $3,500 in anticipated costs for drafting a reply brie...
2020.07.15 Petition for Writ of Mandate 321
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...dence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet wou...
2020.07.15 Motion for Leave to File Amended Complaint 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ... action for (1) breach of fiduciary duty, (2) negligence, (3) intentional misrepresentation, (4) concealment, and (5) negligent misrepresentation. After this Court's ruling on Defendants' motion for summary judgment/adjudication, Plaintiff's causes of action for breach of fiduciary duty and negligence remain pending. Plaintiff's lawsuit stems from her purchase of real property in Los Osos. Cambria was Plaintiff's broker and Mr. Koontz (also a bro...
2020.07.15 Motion to Set Aside Default 090
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...ust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set aside the entry of defau...
2020.07.14 Motion to Amend Judgment 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...t of Barton County, Kansas, Case No. 2015‐CV‐000055. The original Kansas judgment was entered against Schaefers, Valentin Alexandrov (“Val”)1 and Jacob Gitman. On April 19, 2019, the Kansas Court of Appeals issued a 31‐page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the p...
2020.07.14 Demurrer, Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...ort which was created during an investigation into his 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. Defendants responded by filing the demurrer and motion to strike currently on calendar. The demurrer argues that Claim I a...
2020.07.09 Motion to Consolidate 110
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...nlawfully sexually harassed, battered, and assaulted several female students. The first lawsuit was filed on August 16, 2018 by Jane S.G. Doe, and names as Defendants Lucia Mar Unified School District (Lucia Mar), the High School, and Mr. Magdaleno (referred to as the 2018 Action, San Luis Obispo Superior Court Case No. 18CV‐0503). The 2018 Action alleges causes of action for (1) negligent supervision (against Lucia Mar and the High School), (2...
2020.07.09 Motion for Summary Judgment, to Compel, to Strike 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants PSHHC and TDG. Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. Plaintiff alleges that on May 16, 2017, Wi‐Fi internet service with ten routers was installed in the Apartments. Plaintiff contends t...
2020.07.09 Motion for Summary Judgment, Good Faith Settlement 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. Motion for Summary Judgment GMC moves for summary judgment against Plaintiff and Intervenor Alaska National Insurance Company2 . pursuant to Code of Civil Procedure section 437c, on the ground that no triable issue of material fact exists, and that GMC is entitled to summary judgment as a matter of ...
2020.07.08 Motion to Quash Subpoenas, to Permit Second IME 248
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: ...nta Rosa and Monterey. Now before the Court are two motions: (1) Plaintiff's motion to quash deposition subpoena; and (2) Defendant's motion to permit a second independent medical examination (IME) of Plaintiff. Motion to quash. Defendant served two deposition subpoenas and notices to consumer requesting Plaintiff's pharmacy records from the pharmacies identified in Plaintiff's medical records that have already been produced. Plaintiff objected t...
2020.07.08 Demurrer 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: .... Plaintiff alleges that in November 2015, he was involved in a motor vehicle collision where he sustained injuries to his left shoulder area, and for which he subsequently filed a lawsuit. (Complaint, ¶ 9.) Plaintiff alleges that Defendant was retained by the defendants in that action to conduct an independent medical examination (“IME”) on Plaintiff. (Id., ¶ 10.) Plaintiff alleges that Defendant “poked and prodded Plaintiff's non‐coll...
2020.07.08 Demurrer 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: ...�Cal‐West”) (collectively “Defendants”). Plaintiffs allege six causes of action, for (1) breach of contract; (2) breach of implied warranty of habitability/tenantability (Civ. Code, § 1941, Health & Saf. Code, § 17920.3, et seq.); (3) breach of implied warranty of quiet enjoyment (Civ. Code, § 1927); (4) negligence; (5) retaliatory acts (Civ. Code, §§ 1940.2, 1942.5); (6) violation of Rosenthal Fair Debt Collection Practices Act (the...

1855 Results

Per page

Pages