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1855 Results

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2024.01.17 Motion to Compel Further Responses 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ... trustee. On November 22, 2015, Decedent'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 has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...
2024.01.16 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...
2024.01.16 Demurrer 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...
2024.01.10 Motion to Renew Judgment 633
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...
2024.01.10 Motion to Renew Judgment 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...
2024.01.10 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...
2024.01.09 Motion to Quash 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.09
Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...
2024.01.04 Petition to Reduce Voting Percentages 533
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...
2024.01.04 Motions to Compel Responses 271
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...
2024.01.04 Demurrer, Motion to Strike 437
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...
2023.12.28 Motion for Award of Reasonable Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.28 Motion for Leave to File Complaint 255
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...
2023.12.28 Motion to Compel Arbitration 524
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...
2023.12.21 Special Motion to Strike 258
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...
2023.12.21 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...
2023.12.21 Motion for Reasonable Award of Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.21 Demurrer 200
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...
2023.12.20 Motion for Trial Setting Preference 320
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...
2023.12.20 Motion for Leave to File TAC 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...
2023.12.20 Motion for Leave to Conduct Mental Exam 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...
2023.12.20 Demurrer, Motion to Strike 569
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...
2023.12.18 Petition for Relief from Government Filing Requirements 247
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...
2023.12.18 Motion for Reconsideration or for Correction and Clarification of Court Ruling 009
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...
2023.12.18 Motion for Attorney Fees 191
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...After a five-day trial the Court issued a Ruling on Decision After Trial in favor of Plaintiffs for $40,470.52. Plaintiffs now seek attorney's fees of $197,541.00 pursuant to section Paragraph 25 of the parties' Motel Lease, which provides as follows: In the event of the commencement of any action by either party hereto, or their respective successors in interest, hereon or hereunder or by reason of the breach of any covenant or condition on the ...
2023.12.14 Motion for Summary Adjudication 621
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...auses of action for gross negligence and intentional infliction of emotional distress, respectively. Defendants move on the grounds that their complaint of fall well short of the required showing of "extreme" and "outrageous" conduct on behalf of the moving defendants. Plaintiffs oppose the moton as to Shelley only. As to Robert Higginbotham, Plaintiffs do not oppose a dismissal of him as a defendant with respect to their sixth and seventh causes...
2023.12.14 Motions to Compel Further Discovery Responses 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...rogatories, Set One ("Form Interrogatories"); 3. Defendant's Supplemental Interrogatory ("Supp. Interrogatory"); 4. Defendant's Supplemental Request for Production of Documents ("Supp. RFP"); 5. Defendant's Requests for Admissions, Set One ("RFA"). Plaintiff opposes the motions and argues that his objections have merit and he has provided responsive answers to the extent possible. 1. Standard for Determining Motion to Compel Further Discovery Res...
2023.12.13 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...
2023.12.13 Motion for Additional Attorney Fees 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...
2023.12.13 Demurrer 540
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...
2023.12.12 Motion to Amend Complaint 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...uger attachment. (Compl., 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 Plaintiff's motion to amend the complaint to add a claim for pun-tive damages. Legal Authority. "The court may, in furtherance of justice, and on any...
2023.12.12 Motion for Entry of Judgment 235
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Danna Dec.); Ex. 1. Stip., 1, 2.) Judgment shall not be entered in favor of Plaintiff and against Defendant so long as Defendant pays to Plaintiff the compromise sum of $2,365 by making an initial payment of $111, followed by payments of $98 per month until the compromise amount was paid. (ld., 'l 3.) Should Defendant default, she is entitled to a noticed motion to enter judgment pursuant to the stipulation in the amount of $3,637.38, less paymen...
2023.12.12 Demurrers to FAC 267
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Verduzco), (2) negligence (against CDSH and CDCR), and (3) negligent entrustment, hiring, supervision, training, and/or retention (against CDCR). Plaintiff alleges he is currently in custody with CDSH in Coalinga. (FAC, 1.) Plaintiff alleges that Adame and Verduzco were hired and employed by the State of California, by and through COCR, and also alleges Adame and Verduzco are employed by CDSH. (ld. at "1 31, 32, 35, 45.) Plaintiff alleges he has ...
2023.12.12 Demurrer 173
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Counties), Louis Carnesale (Louis) 1, John Carnesale (John), and the City of Atascadero. 10850, Tri Counties and John Carnesale (collectively Defendants) now demur to the complaint as a whole as alleged against them and to each of the first four causes of action .2 Defendants demur to all causes of action on the grounds that the pleading is internally inconsistent as to the date for the alleged actionable event and on the grounds that each cause ...
2023.12.07 Motions to Compel Further Discovery Responses 259
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...hell Tae-Yeon Kim is Grace's sister. Grace's father, Kenny Kim, is not a party to this action. (Compl., '1 8.) The dispute centers around real property located at 802 Park Way in Arroyo Grande (the Property). Plaintiffs allege that Mary and Kenny, through the Trust, purchased the Property in 2018 for Plaintiffs and their young son to live in with the understanding that Plaintiffs would make payments on the Property for thirty years, or until 2048...
2023.12.07 Motion to Compel Arbitration and Stay Litigation Pending Arbitration 307
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ky Car Wash Associates, L.P.; Quiky Car Wash, LLC (collectively "Defendants"); and Sun Day Carwash, Inc. ("Sun Day"). Plaintiffs' complaints sets forth fifteen causes of acton. The summary of Plaintiffs' claims is as follows: Defendants Hamish Marshall ("Marshall") and Rodney Cegelski ("Cegelski") (collectively, the "Individual Defendants"), individually and through their entities, are wrongfully taking steps to cause (1) the asset sale of Nomina...
2023.12.07 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...m SLOCAL. SLOCAL moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton. On November 28, 2023, after their opposition was filed,...
2023.12.07 Motion for Final Approval of Class and PAGA Settlement, for Class Counsel Award and Class Representative Service Payment 533
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ifornia. Plaintiff worked for Defendants from March 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. In March, 2023, Plaintiff and Defendants entered into a Stipulation of Settlement of Class and PAGA Acton Claims and Release of Claims ("Settlement Agreement"). (Declaration of Jean-Claude Lapuyade ("Lapuyade Decl."), Ex. 1.) Plaintiff did not notify the Labor and Workforce Develo...
2023.12.06 Motion for Summary Judgment, Adjudication 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...
2023.12.06 Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...
2023.12.05 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code section 3294. Defendants' coun...
2023.12.05 Motion to Set Aside Dismissal and Enter Judgment 257
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...ocedure secŸon 664.6. This Court entered an order for dismissal that retained jurisdicŸon pursuant to the parŸes' request on July 9, 2021. NaŸonwide now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure secŸon 664.6. Code of Civil Procedure secŸon 664.6 provides that: If parŸes to pending liŸgaŸon sŸpulate, in a wriŸng signed by the parŸes outside of the presence of the court or orally...
2023.12.05 Motion to Disqualify Attorneys of Record 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...cannabis in violation of County regulations. The County initiated two administrative actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceed-ngs. (Ibid.) Plaintiff alleges the Armstrong Defenda...
2023.12.05 Demurrer 116
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross-complaint against Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross-complaint against various Cross-Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of Ame...
2023.11.30 Motion to Set Aside Summary Judgment on Bond Forfeiture 762
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...nitial forfeiture gave the bail agent 185 days from the date of forfeiture to locate and return Ms. Vargas to custody. (Pen. Cade, S 1305.) On January 13, 2023, notice of the forfeiture was sent to Bail Hotline's agent and its surety, Financial Casualty and Surety, Inc. (Moving Party). This notice informed Bail Hotline's agent and Moving Party that the forfeiture would become absolute on July 23, 2023, following the 185-day statutory timeframe ou...
2023.11.30 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...tion of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV-0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FAC on the grounds that they are fraudul...
2023.11.30 Demurrer to SAP 315
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...ment Permit Project No. P20-000076 (the Administrative Permit). Currently before the Court is the City's demurrer to the SAP on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. Specifically, the City argues that Petitioners' claim is barred by the relevant statute of limitations. (Gov. Code, S 65009, subd. Section 65009, subdivision (c)(1)(E) requires that any action challenging cond...
2023.11.29 Motion to Lift Stay and Stay Arbitration Proceedings 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.29
Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...
2023.11.27 Motion to Tax Costs 158
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.27
Excerpt: ...e Court." (Minutes, 05/24/23.) Plaintiff has not yet done so. On July 28, 2023, Defendant filed a Motion to Tax Costs. Defendant notes that the motion is in response to a Memorandum of Costs Dated July 11, 2023, served on his counsel that same day. Plaintiff never filed a Memorandum of Costs with the Court. under California Rules of Court, rule the prevailing party must serve and file memorandum of costs within a specified number of days after en...
2023.11.22 Motion for Summary Judgment 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...
2023.11.22 Motion for New Trial, to Vacate Judgment 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...

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