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1855 Results

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2024.02.27 Demurrer, Motion to Strike 329
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...ach of quiet enjoyment (Civ. Code, § 1927); (4) private nuisance (Civ. Code, § 3501 et seq.); (5) premises liability (Civ. Code, § 1714); (6) retaliation; (7) negligence; (8) retaliatory eviction; (9) violation of Civil Code section 1940.2; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; (12) violation of Business and Professions Code section 17200 et seq.; and (13) fraud. This lawsuit aris...
2024.02.22 Demurrer to FAC 672
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.22
Excerpt: ...cation Code sections 44113 and 44114, and Labor Code section 1102.5. On August 10, 2023, the Court (Hon. Rita C. Federman, presiding) sustained Defendants' demurrer with leave to amend. Plaintiff filed a first amended complaint (FAC) on September 13, 2023. Now before the Court is Defendants' demurrer to the FAC. Factual Allegations. In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then- employer,...
2024.02.22 Motion to Compel Further Responses 321
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.22
Excerpt: ...on, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. The parties' dispute centers around their agreement that, in exchange for his use of Plaintiff's cannabis business licenses and equipment, Poswillo agreed to provide farming services for 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. Now before the Co...
2024.02.22 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.22
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...
2024.02.20 Motion for Leave to File FAC 258
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...omplaint against Plaintiff; PRCCC, Inc.; and 1144 Black Oak Associates, LLC (Cross -Defendants). Plaintiff also has a pending cross- complaint against other parties. The parties' dispute centers around their agreement concerning the sale of Plaintiff's restaurant in Paso Robles to Defendant Ayrapetian. Plaintiff asserts one cause of action for breach of contract against Defendant Ayrapetian, alleging Defendant failed to pay the cash purchase pric...
2024.02.20 Demurrer 077
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...ied, operated, controlled, supervised, patrolled, monitored, managed, and maintained a parking lot in Paso Robles. Plaintiff alleges the parking lot included a “posted warning sign1 regarding no overnight camping.” Plaintiff alleges the parking lot was open for use by members of the public including shoppers and pedestrians, like the Plaintiff, using the premises in its normally intended and foreseeable manner for foot traffic and passage. Pl...
2024.02.15 Motion to Tax Costs 374
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...ng), and judgment was entered in her favor on June 17, 2022. On August 25, 2022, this Court (Hon. Federman, presiding) denied Plaintiff's motion for a protective order and for sanctions. The Court granted the Guimaraes Defendants' request for sanctions in the amount of $6,540. Plaintiff's counsel was ordered to pay that amount to the Guimaraes Defendants on or before September 15, 2022. The Guimaraes Defendants' motion for summary judgment was gr...
2024.02.15 Motion to Compel Further Responses 679
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ... Drive, Santa Maria, California (the Property) from Defendants Joanie James and the Trust; Cornerstone is alleged to be the real estate agent for the Property. Plaintiffs assert causes of action for negligence, breach of contract, and fraud, alleging Defendants promised to undertake certain repairs to the property, that those repairs were not made, and that Plaintiffs suffered damages as a result. Now before the Court is Defendants' motion to com...
2024.02.15 Motion to Compel Arbitration 307
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...Quiky Associates), and Quiky Car Wash, LLC (Quiky LLC; collectively, Defendants). The dispute concerns the sale of substantially all of Quiky Associates' assets to Sun Day Carwash, Inc. (Sun Day). Sun Day is also named as a defendant. The complaint alleges the sale substantially damaged ownership interests in PFH and Defendants had no authority to approve the transaction under the parties' various agreements. Currently before the Court is Defenda...
2024.02.15 Motion for Relief from Dismissal 568
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...s Court set an Order to Show Cause re: Dismissal for January 9, 2023. This hearing date was later continued on order of the Court to March 1, 2023. Neither party appeared on March 1, 2023. Therefore, on this date, the Court (Hon. Rita Federman, presiding) dismissed the case. Now before the Court is Plaintiff's motion for relief from dismissal. Plaintiff requests the Court set aside the March 1, 2023 dismissal and stay this case pending the outcom...
2024.02.15 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
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...
2024.02.13 Demurrer 174
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...pley (Decedent) was driving through the intersection of 34th Street and Spring Street in Paso Robles on January 13, 2022, when his vehicle was struck by another car driven by Galvez. The complaint alleges that Galvez failed to yield because his visibility and sightline of oncoming tra¯ic was blocked or impaired due to improper design, construction, and/or maintenance of the intersection. Currently on calendar is the City's demurrer to the secon...
2024.02.13 Motion to Allow Limited Discovery on Punitive Damages 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...kid steer with an auger attachment. (Compl., p. 4.) Plainti¯ alleges that an employee o Quinn Rental Services was getting the skid steer ready or pickup when he caused a portion to all on Plainti¯'s head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. On December 12, 2023, this Court granted Plainti¯'s motion to amend the complaint to add a claim or punitive damages. Plainti¯'s motion was based o...
2024.02.13 Motion to Compel Further Responses 001
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...breached its warranty by failing to repair defects in the vehicle within a reasonable number of attempts and refusing to repurchase the Vehicle. Morales served GM with Plainti¯'s Requests for Production of Documents, Set One (“RFP”), and GM timely served Morales with responses. GM objected to all of the requests and agreed to produce some documents in response to some of the requests “subject to” the objections. Even if the objections w...
2024.02.13 Petition for Writ of Mandate 287
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...s proposed project (the Project) to establish up to three acres of outdoor cannabis cultivation within hoop houses and a 10,000-square foot (sf) ancillary processing building on Real Party's 41-acre property located at 8770 Carrisa Highway, Santa Margarita, California 93453 (the Site). (Administrative Record [AR], at AR00055.) A. The Project. Real Party submitted their initial minor use permit application on February 19, 2018. (AR 541.) The Proje...
2024.02.13 Motion to Compel Arbitration 272
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...by Deendant Hyundai Motor America (“Warrantor”). Plainti¯ alleges both deendants violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) by ailing to repair Vehicle deects. Dealer and Warrantor are represented by the same attorneys and have each Þled a motion to compel arbitration and or stay o this action until the conclusion o arbitration. Warrantor relies on the arbitration provision in the RISC between Plainti...
2024.02.08 Motion to Strike, Demurrer 442
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...¯ alleges he received a judgment from a “private administrative proceeding” and seeks to enforce that judgment under the California Sister State Money Judgments Act, Code of Civil Procedure sections 1710.10 through 1710.65 (the Act). (Compl., at pp. 12, 14, 16.) Plainti¯ alleges that, prior to Þling this lawsuit, he “initiated an action by counter claim in the Adjudicator Court, a Privat[e] Administrative Court of Record and Alternativ...
2024.02.08 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...l 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, a¯irmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (the A...
2024.02.08 Motion for Attorney Fees 264
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...tion for attorney's fees. Defendant does not dispute that Plainti¯ is the prevailing party and is entitled to fees but rather objects that the requested billing rate is unreasonable, the number of attorney hours is inßated and duplicative, and the result does not justify the amount of fees requested. Plainti¯ seeks $26,350.00 reßecting 50.3 attorney hours attributed to two attorneys. The hourly attorney billing rates are $500 and $600. (Dec...
2024.02.08 Demurrer 246
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...e owns at 849 PaciÞc Avenue in Cayucos, California (the Property). Defendants now demur to each of the four of the causes of action in the FAC pursuant to Code of Civil Procedure section 430.10, subdivisions (d) [misjoinder of parties], (e) [failure to state a cause of action] and (f) [uncertainty].) Counsel for Defendants declares that she sent a meet and confer letter to Plainti¯ via email on August 23, 2023. (Declaration of Sue Carrasco, ¶...
2024.02.07 Motions to Compel Further Responses to Discovery 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...eendants oppose the motions. Plainti¯ declares that on September 19, 2022, he served Request or Production o Documents, Set One, and Form Interrogatories (Construction), Set One, on Deendants. It is unclear i single sets directed at all Deendants were served or i separate sets were served. Deendants responded on March 16, 2023, but Plainti¯ considered the responses non-compliant, and on March 21, 2023, Plainti¯ sent meet and coner ...
2024.02.07 Motion to Enforce Discovery Order, for Issue, Evidence, and Monetary Sanctions 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...y respond, Natali Þled motions to compel responses. The Court granted those motions on May 10, 2023, and ordered Mathis to provide responses without objections by May 31, 2023. Mathis served responses by the deadline. Natali states the responses included objections. Her counsel sent a meet and confer letter on June 29, 2023, regarding the special interrogatories and a separate letter on July 11, 2023, regarding the form interrogatories. Over the...
2024.02.07 Motion to Amend or Set Aside Court Order, to Compel Further Responses 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...served on the City of San Luis Obispo, Michael Codron, John Mezzapesa and Steve Sheats (collectively the City Defendants). Plainti¯ concurrently brings a motion to amend or set aside a court order. Both motions arise out of discovery disputes between the parties. On April 6, 2023, Plainti¯ and the City Defendants participated in a voluntary informal discovery conference before this Court. The conference was initiated by Plainti¯ following a...
2024.02.07 Motion for Summary Adjudication 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...l 2019, which included a trust accounting covering the period September 16, 2012 through January 6, 2018.1 Currently on calendar is Petitioner's Motion for Summary Adjudication on the cause of action seeking to invalidate powers of appointment exercised by his and Respondent's mother during her lifetime. The Court denies the motion. I. BACKGROUND The parties agree on the following facts:2 • On September 16, 2012, the parties' parents, Donald Ba...
2024.02.06 Motion for Sanctions 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...d that his room was contaminated with bed bugs resulting in physical and emotional injuries. The complaint sets forth causes of action for (1) Battery; (2) Negligence; (3) Intentional Inßiction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) previously Þled a motion for summary judgment. The thrust of Defendants' motion was that they lacked notice of bed bugs at the Hotel...
2024.02.06 Demurrer 408
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...hicle su¯ered rom deects and no-ncomormities, including transmission deects and inotainment deects, and that Ford ailed to repurchase or replace the Vehicle ater a reasonable number o repair attempts. (Compl., ¶¶ 15-18.) Plainti¯'s Þrst Þve causes o action are alleged against Ford only. Plainti¯'s sixth cause o action alleges negligent repair by Santa Maria. (Compl., ¶¶ 72-76.) Deendants now demur to the Þth and sixth ca...
2024.02.06 Motion to Compel Further Responses, for Monetary Sanctions 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...Pamela Pierce to Form Interrogatories, Set One, and Request for $4,000 in Monetary Sanctions (3) Plainti¯'s Motion to Compel Further Responses from Defendants Kedrin Van Steenwyk; KMBG, LLC; and Adelaida Cellars, Inc. to Requests for Production of Documents, Set One, and Request for $4,000 in Monetary Sanctions (4) Plainti¯'s Motion to Compel Further Responses from Defendants Applied Technologies Associates, Inc.; ATA Ranches, Inc.; Daniel Ca...
2024.02.06 Motion for Summary Judgment 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...ng in physical and emotional injuries. The complaint sets orth the ollowing causes o action: (1) Battery; (2) Negligence; (3) Intentional Inßiction o Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Deendants) now move or summary judgment on the ground Plainti¯ cannot prove causation. Plainti¯ opposes the motion. This is Deendants' second motion or summary judgment on the issu...
2024.02.06 Motion to Sever Actions 102
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...yard, Inc.; Richard L. Quinn; and David Nichols (“Deendants”) Þled the subject motion to sever Geo¯rey's and Bonnie's claims on the grounds that the claims do not meet the standard or permissive joinder and to “prevent any party rom being embarrassed, delayed, or put to undue expense.” 1. Joint Ownership or Control o the Inn and Winery Deendants have not shown that the Inn and Winery were owned and controlled by completely separat...
2024.02.01 Motions to Compel Discovery Responses 032
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ...misuse o discovery. Plainti¯ reports that during meet and coner discussions Deendant indicated it would provide urther responses once a protective order was entered. (Declaration o Alexander G.L. Davies (“Davies Decl., ¶ 10.) On July 12, 2023, the Court entered a stipulated protective order (“Protective Order”). As o the date Plainti¯ Þled the subject motions (August 24, 2023), Deendant had not provided urther responses. The m...
2024.02.01 Motion to Compel Responses, to Deem RFAs Admitted 234
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ...ses to the orm interrogatories and to deem the requests or admission as admitted. (Code Civ. Proc., §§ 2030.290, 2033.280.) The motions and notice o hearing were served by mail on Plainti¯ at his address o record and no opposition was Þled. As to the requests or admission, i a party ails to timely respond the requesting party may move or an order that the genuineness o any documents and the truth o any matters speciÞed in the requ...
2024.02.01 Motion to Compel Further Responses 156
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ... Theophil (Theophil Dec.), II 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced. 1 (ld. 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 116; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51,54, 56, 57, 74, 75, 82, 84, 85, and 86. Honda oppo...
2024.01.31 Motion to Strike Punitive Damages 154
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ... Springer dba Patriot Plumbing and Drain Cleaning (Patriot) and Tracy Ann Fairchild; Patriot has instituted its own cross-action against Defendants. As against the Defendants, Plainti¯s assert causes of action for (1) violation of the Mobilehome Residency Law (MRL); (2) negligence; (3) negligence per se; (4) breach of contract—written agreement; (5) breach of contract—oral promise; (6) breach of implied covenant—quiet enjoyment; (7) breac...
2024.01.31 Motion for Protective Order, for Sanctions 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ...treet and Specialty entered into a contract in April 2015 (the Prime Contract). In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Trial is set to begin on April 3, 2024. Under t...
2024.01.30 Motion to Set Aside Evidentiary Sanction 391
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...obate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli Þled a counterpetition against Siegenthaler alleging Þnancial abuse and fraud. The counterpetition alleged Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. Andreoli supplemented her counterpetition in June 2022, alleging additional wrongful takings by Siegenthaler. On June 24, 2022, Andreo...
2024.01.30 Demurrer 362
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...housed (“ASH”). 1. DEMURRER LEGAL STANDARD A demurrer tests the legal su¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaints form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plain...
2024.01.30 Demurrer 361
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...ER LEGAL STANDARD A demurrer tests the legal su¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plainti¯'s ability to prove thes...
2024.01.25 Motions to Compel Further Discovery Responses 262
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.25
Excerpt: ...A2"); 3. Plaintiff's Form Interrogatories, Set Three (FROG3"); and 4. Plaintiff's Request for Production of Documents, Set 5 ("RFP5") 1. SROG3 and RFP5 On June 14, 2023, pursuant to the parties' informal discovery conference, the Court ordered Defendant to answer SROG3 and RFP4 ("6/14/23 Ruling"). Plaintiff relies on the 6/14/23 Ruling (Reply SROG3, p. 2, Ins. 12-13) without acknowledging that the current objections were asserted after June 14, 2...
2024.01.25 Petition to Confirm Contractual Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.25
Excerpt: ... to confirm the arbitration award. No opposition is on file; however the petition was not properly served. A copy of the petition and written notice of the time and place of the hearing thereof and any other papers upon which the petition is based must be served. (Code Civ. Proc., S 1290.4, subd. (a).) Service must be in the manner provided in the arbitration agreement for the service of such petition and notice. (Ibid.) Ifthe arbitration agreeme...
2024.01.24 Motion to Vacate Dismissal and Enter Judgment 630
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ...ce of se©lement, which was granted on December 7, 2022. On December 16, 2022, State Farm Þled a sŸpulaŸon for se©lement and entry of judgment (the SŸpulaŸon or Se©lement Agreement). On December 20, 2022, the Court signed an order dismissing the acŸon without prejudice and, pursuant to the request of the parŸes in the SŸpulaŸon, retaining jurisdicŸon to enforce the Se©lement Agreement pursuant to Code of Civil Procedure ...
2024.01.24 Motion for Summary Judgment, Adjudication 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ... (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct, and 2) negligent hiring and supervision. Sun Buggie now moves for summary adjudication of its affrmative defense of express waiver because the relevant waiver is valid and enforceable under California law. Sun Buggie's eighth affrmative defense for express waiver is alleged as follows: As a separate and affirmative defense to the Com...
2024.01.23 Motion for Summary Judgment 100
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.23
Excerpt: ...reached her duties with respect to medical liens submitted against the settlement funds.l Harris filed this interpleader achon on April 20, 2022, and deposited with the Court the remainder of the settlement funds after deducting legal costs and her forty percent contingent fee. Metzner filed the malpractice cross-complaint on October 4, 2022. Harris argues that the attorney-client relationship ended on January 19, 2021, the date Harris filed a no...
2024.01.23 Motion for Attorney Fees 164
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.23
Excerpt: ...ollectively as "Petitioners." The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.l 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 expire on Au...
2024.01.18 Motion to Compel Responses 659
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...amages due to the accident. The parties have a contractual arbitration agreement and are arbitrating the claim. Insurance Code section 11580.2, subdivision (f), expressly commits the resolution of discovery disputes in uninsured motorist arbitrations to the jurisdiction of the superior court. (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920.) Before the Court are three motions to compel initial discovery responses and for sanctio...
2024.01.18 Motion to Compel Further Responses 156
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ... Theophil (Theophil Dec.), '1 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.l (ld," 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 6; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51, 54, 55, 57, 74, 75, 82, 84, 85, and 86. Honda oppos...
2024.01.18 Motion for Summary Judgment, Adjudication, for Leave to File FAC 030
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...ion 134 (fraudulent writing). On July 12, 2019, the San Luis Obispo County District Attorney's office filed felony charges against Orcutt in connection with four cardsl sent to different local real estate agencies that rented properties in Orcutt and Vice's neighborhood (Cavalier Lane in the City of San Luis Obispo). The complaint alleges the cards warned the recipient real estate agencies not to rent neighborhood properties to racial minorities ...
2024.01.18 Motion for Preliminary Approval of Class Action Settlement 065
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...PAGA), Labor Code section 2699 et seq. Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintiff seeks an order: 1. Granting preliminary approval of the Class Acton and PAGA Settlement Agreement (the Settlement Agreement, Declaration of David Winston (Winston Dec.), 19; Ex. 1); 2. Approving t...
2024.01.17 Special Motion to Strike 268
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ach of contract; (5) slander of title; and (7) infliction of emotional distress. The body of Plaintiff's complaint is one page long. The purported causes of action are not separated as required by the Rules of Court. (Cal. Rules of Court, rule 2.112.) In his complaint, Plaintiff makes the following allegations: - PWB is "a California state-chartered bank and at the time of this complaint a resident of Los Angeles, CA." (Compl., 2.) - On October 8...
2024.01.17 Motion to Vacate Dismissal and Restore Action to Civil Active List 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...
2024.01.17 Motion to Stay Deposition and Quash Deposition Notice 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...

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