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1855 Results

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2023.11.21 Motion to Compel Further Responses 218
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...
2023.11.21 Motion for Judgment on the Pleadings 318
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...
2023.11.21 Demurrer 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...
2023.11.21 Motion for Summary Judgment 774
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...
2023.11.16 Motion to Enforce Settlement 618
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...
2023.11.16 Motion to Compel Further Responses 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...
2023.11.16 Motion to Compel Deposition 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...
2023.11.16 Motion for Summary Judgment 616
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...
2023.11.15 Motion for Leave to File FAC 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.15
Excerpt: ...quest by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit "A". The Plaintiff has performed all conditions precedent to bringing this action orthe same have been waived by the ...
2023.11.14 Motion for Summary Judgment, Adjudication 263
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...
2023.11.14 Motion for Bond, to Stay, Demurrer 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...
2023.11.09 Motion to Compel Further Responses 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...
2023.11.09 Motion for Summary Judgment 185
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...
2023.11.09 Motion to Compel Arbitration 524
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...e of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration (AAA), and for a stay of the action pending arbitration. The moton and supporting papers were served on Defendants' counsel on October 4, 2023; no opposition is on file. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Hey...
2023.11.09 Motion to Renew Judgment 083
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...
2023.11.09 Motion to Deem RFAs Admitted, to Compel Responses, for Terminating Sanctions 646
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...
2023.11.09 Motion to Dismiss, to Strike 414
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...
2023.11.09 Motion to Stay 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...
2023.11.08 Motion to Expunge Lis Pendens 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...pleton Property). 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. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...
2023.11.08 Motion to Dismiss 175
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin November 13, 2023. Defendant Ezzell now brings a moton to dismiss...
2023.11.08 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...
2023.11.08 Discovery Motions 361
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...
2023.11.08 Demurrers, Motions to Strike, Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...
2023.11.07 Motion for Summary Judgment 313
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.07
Excerpt: ...rty, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, 3, 4.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleges that...
2023.11.02 Demurrer, Motion to Strike FAC 106
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...o Plaintiff's First Amended Complaint ("FAC"). Defendants demur to the Third Cause of Acton for Breach of Covenant of Quiet Enjoyment and Fourth Cause of Action for Breach of Implied Warranty of Habitability. Defendants move to strike allegations in paragraphs 1, 21, and 28 of the FAC for punitive damages and the prayer for punitive damages. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. I...
2023.11.02 Motion for Preliminary Approval of Class Action Settlement 513
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...aintiff had filed a PAGA Representative Action (Case No. 21CV-0651) (the PAGA Acton). Plaintiff reports the matter has settled and moves for preliminary approval of the Joint Stipulation of Class Action Settlement (the Agreement). Civ. Proc., S 382; Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the cl...
2023.11.02 Petition for Writ of Administrative Mandamus 652
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...ract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross-complaint against the City for breach of contract, breach of the implied covenant of gtncl faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. Factual Background First Debarment On December 19, 2017, after a competitive bidding process, the City awarded VLS a contract in the amount of $2,091,486 for the Five Cites...
2023.11.01 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them 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 or ...
2023.11.01 Motion to Enforce Settlement 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...
2023.11.01 Motion to Compel Arbitration 695
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...
2023.11.01 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue 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 Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...
2023.11.01 Demurrer to SAC 126
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...
2023.10.31 Motion to Seal 247
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.31
Excerpt: ...exhibit is a psychological report of PeŸŸoner prepared by Premier Forensic Psychology. The version Þled with the peŸŸon has been redacted. An unredacted version has been lodged “CondiŸonally Under Seal” in connecŸon with this moŸon. “Unless conÞdenŸality is required by law, court records are presumed to be open.” (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court, however, may order that a record be Þled under ...
2023.10.26 Motion to Expunge Lis Pendens 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...
2023.10.26 Motion to Bifurcate Punitive Damages 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...
2023.10.26 Motion for Leave to File Complaint in Intervention 221
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...
2023.10.25 Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....
2023.10.25 Demurrer to SAC, Motion to Quash Subpoenas, for Protective Order 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...
2023.10.25 Motion for Determination of Good Faith Settlement 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...
2023.10.25 Demurrers, Motions to Strike, for Summary Adjudication 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...
2023.10.25 Motion for Preliminary Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...
2023.10.25 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...
2023.10.24 Motion to Quash Deposition of Non-Party Witness 358
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ... 1994 Trust, the settlor executed a restatement of trust on March 2, 2010 (the 2010 Restated Trust). On February 4, 2020, the petitioners filed a First Amended Pettion alleging wrongdoing by the trustee, Deborah Foster-Swenson2 (Swenson). Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition (the SAP). The 1994 Trust dir...
2023.10.24 Demurrer 112
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ...t. Steve, SC8C, and CCV (collectively Defendants) have filed a special and general demurrer to each of the complaint's thirteen causes of action. Plaintiff opposes the demurrer. The demurrer is overruled except for the first and tenth causes of action. The demurrer to the first cause of action is sustained without leave to amend, and the demurrerto the tenth cause of action is sustained with leave to amend. l. Legal Standard A demurrer challenges...
2023.10.24 Demurrer 058
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ...d amended complaint. On April 7, 2023, a fourth amended complaint (4thAC) was filed by Crosbie alone (hereinafter, Plaintiff) after Beraud apparently settled her claim with Defendant. (4thAC 3.) Defendant now demurs here to the first, third, and fourth causes of action in Plaintiff's 4thAC. Plaintiff opposes the demurrer.l l. Background Plaintiff is 51 years old and has been working at California Department of State Hospitals - Atascadero as a Re...
2023.10.19 Motion to Expunge Lis Pendens 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...
2023.10.19 Motion to Bifurcate Punitive Damages 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...
2023.10.19 Motion for Leave to File Complaint in Intervention 221
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...
2023.10.17 Motion to Proceed Pseudonymously, for Protective Order 248
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...rmination in violation of public policy, and intentional infliction of emotional distress. Now before the Court is Plaintiff's motion for leave to pseudonymously and for a protective order. There is no proof of service for either the Complaint or the instant motion. l. Background Plaintiff is an undocumented Venezuelan citizen, who was employed by Taste! from November 2022 until April 13, 2023. (Complaint '15.) During her employment interview, Pl...
2023.10.17 Motion for Summary Judgment 003
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...d Fair Dealing and violation of Business and Professions Code section 17200, et seq. Plaintiff seeks damages and equitable relief. According to Plaintiff's Complaint, on or about September 4, 2015 [sic]l , Plaintiff executed a non-negotiable promissory note and a Deed of Trust on his property. On May 23, 2012, Plaintiff suffered a work-related injury. The injuries caused Plaintiff to be unable to continue working as he required multiple surgeries...

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