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1855 Results

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2024.03.27 Motion to Compel Further Responses 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...
2024.03.27 Motion for Preliminary Injunction 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...
2024.03.27 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...
2024.03.26 Motion to Quash Third Party Business Record Subpoena 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ... and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was n...
2024.03.26 Motion to Compel Compliance with Third-Party Subpoena 110
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...
2024.03.26 Motion for Summary Adjudication 397
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...
2024.03.26 Demurrer to FAC 429
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...
2024.03.26 Demurrer 302
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...rt and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserted causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (ADA), respondeat superior liability u...
2024.03.26 Demurrer 277
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...
2024.03.21 Motion for Protective Order 321
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.21
Excerpt: ... Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Plaintiff's first amended complaint asserts causes of action for (1) breach of contract, (2) conversion, (3) breach of implied contract, (4) unfair competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Now before the Court is Defendants' motion fo...
2024.03.20 Demurrer to FAC 250
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.20
Excerpt: ...rs. The three plaintiffs are the adult children of Pyong Yun Song (Decedent). On April 13, 2023, Plaintiffs filed a FAC, alleging nine causes of action. Two causes of action are alleged against the State: the eighth cause of action for dangerous condition of public property, and the ninth cause of action for public employee/contractor liability for dangerous condition (a new cause of action in the FAC that was not included in the original compla...
2024.03.19 Motion for Preliminary Injunction 112
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...d asserted derivative claims on its behalf. Steve and Robert each hold a fifty percent interest in BBC and are the only two directors on the board. Robert now alleges that Steve is attempting to unilaterally transfer BBC's vehicles and equipment (the Fleet) to Steve's solely owned entity, Steve C. Boneso Construction, Inc. (SCBC), dba Boneso Plumbing & Mechanical (BPM). Robert seeks a preliminary injunction prohibiting Steve from transferring ti...
2024.03.19 Motion for Contempt 215
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...e, Plaintiff challenged the validity of ASH's Protocol 30, a policy requiring physician approval before certain patient medications could be crushed to prevent abuse. On August 3, 2021, the Court (Hon. Linda D. Hurst, presiding) granted Defendant's motion for summary judgment on Plaintiff's first cause of action and denied summary adjudication of Plaintiff's second and third causes of action. A court trial was held April 8, 2022 (Hon. Hernaldo J...
2024.03.19 Demurrer, Motion to Strike 262
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...dants demurred to the FAC1 , and on September 27, 2022, the demurrers were partially overruled and partially sustained without leave to amend. On October 10, 2023, after obtaining leave to amend, Plaintiff filed her Second Amended Complaint (SAC). Defendants now demur to and move to strike portions of the SAC. The SAC alleges an escalating feud between the parties regarding noise issues. Plaintiff opposes the motions. No replies are on file. Co...
2024.03.14 Motion to Compel Arbitration 511
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.14
Excerpt: ...of the house, heavy rains caused flooding and mold. Plaintiffs filed this fraud action alleging Defendants misrepresented in the sale disclosures that they were unaware of any water intrusion and mold when in fact Defendants had extensive flooding and mold remediation done only two years earlier. The parties signed the Sale Agreement and initialed the arbitration clause. (Blackford Decl., Exh. 1, ¶ 22(B).) The arbitration clause applies to �...
2024.03.14 Demurrer 707
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.14
Excerpt: ... of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson -Moss Warranty Act. Plaintiff alleges that on August 1, 2020, she entered into a warranty contract with Volkswagen regarding a 2018 Volkswagen Atlas (the Vehicle). (Compl., ¶ 8.) Plaintiff alleges the Vehicle suffered from defects and non -conformities, ...
2024.03.13 Demurrer to FAC 533
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...eges was provided through the County's Social Services Agency. Plaintiff alleges that in 1992, Defendants placed Plaintiff in the foster home of non -party Carol Wong, in Cambria. (FAC, ¶ 23.) Plaintiff alleges that from approximately 1992 to 1994, when Plaintiff was five to six years old, she was sexually abused and assaulted by “Plaintiff's foster mother's boyfriend,” known as “Enrique,” identified in the FAC as “Perpetrator 1,” ...
2024.03.13 Motion for Reconsideration of Summary Judgment Ruling, to File Amended Statements of Undisputed Material Facts, for Monetary or Terminating Sanction 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.03.13 Motion for Final Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...
2024.03.13 Motion for Protective Order 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...
2024.03.13 Demurrer, Motion to Strike, to Deem RFAs Admitted 347
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...resentation; 5) conversion; 6) voluntary waste; 7) private nuisance; 8) intentional infliction of emotional distress; 9) intentional misrepresentation, fraud and deceit outside of the contract; and 10) exemplary and punitive damages. This action arises out of Defendant's tenancy with Plaintiff. Defendant now demurs to the FAC as a whole, and separately to each cause of action, and moves to strike the request for punitive damages. Defendant faile...
2024.03.13 Motion for Summary Judgment, Adjudication 721
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...(Civ. Code, §§ 1790 et seq., “the Act”) by failing to repair defects in the Subject Vehicle after a reasonable number of attempts and failing to promptly repurchase the Subject Vehicle. Defendants assert that Plaintiff cannot establish a required element of his claims, i.e., that Ford failed to promptly offer to repurchase the Subject Vehicle. Defendants also seek summary judgment of their equitable estoppel affirmative defenses. 1. Summary...
2024.03.13 Motion to Appoint Neuropsychologist 079
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...d third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (Trustor), filed opposition to the petition that same day.1 Petitioner now seeks the appointment of a neuropsychologist pursuant to Evidence Code section 730 as an expert to aid in determining the Petition, i.e., whether Janice's capacity and susceptibility to undue influence is grounds for appointment of a...
2024.03.13 Motion to Compel Further Responses to Deposition Questions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...edent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on Phase I of Trial,” on May 9, 2021 (the Phase I Ruling). Phase II of the trial is set to begin on June 3, 2024. Currently before the Court is...
2024.03.13 Motion to Strike 079
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...nnis Leonard (Leonard) as an additional respondent to the first, second, and third causes of action. Respondents filed an objection to the petition on November 6, 2023. Petitioner's mother, Janice Pankey Tannehill (the Trustor), filed opposition to the petition that same day.1 Leonard responded with the current motion to strike under Code of Civil Procedure section 425.16. The petition alleges as follows: The Trustor updated her estate plannin...
2024.03.13 Motion to Tax Costs 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...
2024.03.13 Motion to Waive Bond Requirement or to Reduce Bond Amount 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.13
Excerpt: ...took advantage of Sylvia June Asavis during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposite...
2024.03.12 Demurrer, Motion to Strike 194
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.12
Excerpt: ...Mid -State Fair Heritage Foundation, Inc. (the Foundation). Plaintiff's lawsuit alleges that on July 23, 2022, she was in line at the Paso Robles Event Center (PREC) to enter the California Mid -State Fair (the Fair) along a narrow, unpaved, uneven, and dangerous embankment. Plaintiff alleges she was injured when she lost her footing and careened down a slippery steep gravel embankment and slammed into a fence. Now before the Court are three moti...
2024.03.07 Demurrer, Motion for Sanctions 571
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.07
Excerpt: ...ctice; and 8) exemplary and punitive damages. Defendant demurred to the complaint. The Court overruled the demurrer on the grounds that it failed to include any analysis or authority, and without making any comment on the substance of Defendant's contentions or defenses. I. Demurrer On August 7, 2023, Plaintiff filed a first amended complaint (FAC). Defendant now demurs to the FAC. Defendant filed a declaration concurrently with his demurrer, ...
2024.03.06 Motion to Tax Costs 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...t of $60,000. (Penner decl., Ex. 1.) The 998 Offer stated in relevant part: “The parties will sign a settlement agreement with a mutual release of the claims made in this lawsuit to include their agents and attorneys[.]” (Ibid.) Plaintiff did not accept the 998 Offer. A bench trial was held March 13 -16, 2023. The Court issued its final Statement of Decision (SOD) on August 21, 2023. Judgment was entered on September 18, 2023. On October 2, ...
2024.03.06 Motion for Reconsideration of Summary Judgment, to File Statements of Undisputed Material Facts, for Monetary or Terminating Sanctions 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.03.06 Motion for Protective Order 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...itioners generally allege that Respondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. At issue are Petitioners' four motions seeking protective orders relieving Petitioners from having to respond to discovery requests1 and for sanctions against Respondent John Dougherty. Petitioners argue that...
2024.03.06 Motion for Final Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.06
Excerpt: ...ss than $10.00. Such failure is alleged to be in violation of Civil Code section 1749.5, subd. (b)(2). The action primarily seeks equitable relief. The parties reached a settlement consisting of several steps Defendant will take to comply with law regarding redemption of gift cards with a cash value less than $10.00; issuance of $10 e -gift cards to class members who meet specified requirements; an incentive award of $1,500.00 to Plaintiff; atto...
2024.03.05 Demurrers, Motion to Strike 643
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...ds duties to disclose under multiple theories. (Warner Constr. Corp v. City of Los Angeles (1970) 2 Cal.3d 285. 294; Jones v. ConocoPhillips Co. (2011) 198 Cal.App.4th 1187.) Defendant argues that the corporation's role and intent must be pled "with specificity," but the fraud, being concealed, i s far better known to defendant than to plaintiffs. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.Ap...
2024.03.05 Motion for Trial Preference 159
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defendant attempted to fix this issue by filing ...
2024.03.05 Motion to Compel Arbitration and Dismiss Complaint 877
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...nd Cameron Bonner ("individual defendants") in 2023 after they allegedly created defendants Athena Paytech LLC and Pluto Hub, LLC, in violation of their employment agreements. After SpotOn sued, ind ividual defendants cross-complained for violations of the Labor Code and other statutes. SpotOn now moves to compel arbitration of the cross- complaint based on the mandatory arbitration provision within individual defendants' employment a...
2024.02.29 Motion for Leave to Amend 723
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.29
Excerpt: ...aint (FAC) on May 29, 2020, and now moves for leave to file a Second Amended Complaint (SAC) to correct alleged factual errors in the FAC. Defendants oppose the motion. I. Legal Standard The Court may allow the amendment of any pleading at any time in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The Court's discretion is to be exercised liberally to permit amendment of pleading...
2024.02.29 Motion for Final Approval of Class and PAGA Settlement 533
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.29
Excerpt: ...ch 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. On July 28, 2023, the Court granted preliminary approval of the parties' Settlement Agreement. The Court preliminarily certified the class of “all non -exempt employees who are or previously were employed by Defendants and performed work in California during the period from September 16, 2017 to October 17, 2022.” The clas...
2024.02.29 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.29
Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...
2024.02.28 Motion to Quash Subpoena 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ... Defendants) seek to quash a subpoena issued by Plaintiffs to Ogden & Fricks, to the extent it involves records subject to the attorney client privilege. Kurkeyerian opposes the motion. Kurkeyerian notes that Defendants did not attempt to meet and confer before filing this motion. Although Defendants' motion fails to cite the statutory authority relied on for the relief sought, the Court assumes it is brought pursuant to Code of Civil Procedure ...
2024.02.28 Motion for Reconsideration of Summary Judgment Ruling, for Monetary or Terminating Sanction 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...ment in favor of Defendant on Plaintiff's three causes of action for Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Plaintiff now seeks reconsideration of the summary judgment order, leave to file three amended statements of material undisputed facts, and a monetary or terminating sanction against Defendant for failing to produce a document pursuant to court order. Plaintiff intends to amend the sanctions motion...
2024.02.28 Demurrer to SAC 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...Defendant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurred, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the ...
2024.02.28 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ..., estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased...
2024.02.28 Demurrer 286
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.28
Excerpt: ...ices of Defendants to perform medical treatment and services for Plaintiff. On said date, Defendants undertook to handle and control the medical care and treatment of Plaintiff. 14. Defendants failed to use the level of skill, knowledge, and care in the diagnosis and treatment of Plaintiff that other reasonably careful medical practitioners and/or specialists of the same type would use in the same or similar circumstances. Defendants made unreaso...
2024.02.27 Motion to Strike Experts 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ..., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Defendants' motion to strike Plaintiff's experts, Steven Hamilton, Ph.D.; Murray A. Solomon, M.D.; and Jeff Bruno; or, in the alternative, to limit the experts' testimony to...
2024.02.27 Motion to Set Aside Dismissal 434
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...endant seeks to set aside the judgment. The court GRANTS both motions. Plaintiff's Motion to Set Aside Dismissal “That a court of general jurisdiction has the power to correct clerical error in its judgment so that the judgment will conform to and speak the truth, regardless of the lapse of time and whether made by the clerk, counsel or the court itself, is a principle so established as to be beyond argument.” (Bowden v. Green (1982) 128 Cal....
2024.02.27 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...x causes of action for 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This action is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV -0429 as the lead action. Now on calendar is Manji's motion for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FA...
2024.02.27 Motion for Monetary Sanctions, Non-Monetary Sanctions 668
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ... including disputing Nielsen's alleged title to the Property. Hobe argued that Nielsen had unduly influenced and wrongfully induced Hobe's mother (Jacqueline Hobe)1 to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter w...
2024.02.27 Motion for Attorney Fees 350
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...d to collectively as “Petitioners.” The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.1 On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten- day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three -year Civil Harassment Restraining Order, set to ...
2024.02.27 Demurrer, Motion to Strike 348
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ... cause of action for accounting and twelfth cause of action for negligent misrepresentation; and (2) OVERRULED on all other grounds. (Code Civ. Proc. § 430.10, subd. (e), (f).) In this case, plaintiffs allege in their first amended complaint thirteen causes of action with over 50 pages of allegations and 40 pages of exhibits arising out of their purchase of a house. Defendants demurrer to all causes of action except the second cause of action. ...

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