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1855 Results

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2023.10.17 Demurrer 098
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...rsuant to Cade of Civil Procedure section 430.10, (e) and (f). Pearce demurs on the grounds that Plaintiff's claims are barred because he cannot establish publication of any alleged defamatory statement. Plaintiff opposes the demurrer. For the reasons set forth below, the demurrer is sustained without leave to amend. l. Background Plaintiff was employed by Pearce as a cell phone tower maintenance worker from April 2021 until May 3, 2022. (FAC 8.)...
2023.10.17 Demurrer, Motion to Strike FAC 302
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...arbara Lane, presiding) sustained in part 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 asserts causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (A...
2023.10.12 Motion to Deem RFAs Admitted, for Sanctions 211
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ... 2021, Defendants filed their answer. At the same time, Defendants propounded their initial round of discovery on Plaintiff which consisted of form and special interrogatories and requests for production of documents. (Declaration of Christopher J. Mohamed (Mohamed Decl.) 3.) Plaintiff provided responses on September 8, 2021, and on January 25, 2022, Defendants filed their first amended answer to the complaint. On August 15, 2022, Plaintiff's for...
2023.10.12 Motion for Tardy Expert Designation 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ...hat the rodents caused significant damage to the Property. On December 16, 2022, the Court granted the motion to strike expert witness designation filed by Defendants OiC Real Estate Services, Inc. (OiC) and Kristenann Murchison (Murchison). In their motion, Defendants argued that the expert designation was not only tardyl but also failed to include a declaration from counsel in support describing the expert witness's areas of expertise. In grant...
2023.10.12 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ... cancellation 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 Rentals, 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 complaint to be fraudu...
2023.10.12 Demurrer 638
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ...h of the covenant of good faith and fair dealing; 4) specific performance; 5) accounting; and 6)-7) declaratory relief. The action arises out of an alleged partnership between Plaintiff and Defendants to purchase and develop property. Plaintiff seeks an order that Jack Ranch transfer two lots of land to Plaintiff or in the alternative he seeks more than in damages. Defendants demur to the first and fifth causes of action pursuant to Code of Civil...
2023.10.11 Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... 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 that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...
2023.10.11 Motion to Set Aside Dismissal 946
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...
2023.10.11 Motion for Return of Wrongfully Taken Trust Funds, OSC Re Contempt 180
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...
2023.10.11 Demurrers 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...s 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 his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...
2023.10.11 Demurrer 491
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...
2023.10.10 Motion for Summary Judgment 774
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...f dependent adult abuse and neglect when his dietary requests were denied. On March 25, 2021, Plaintiff filed his third amended complaint (TAC) in which he alleged a single cause of action against DSH-A for violation of Gov. Code section 815.6. Now before the Court is DSH-A's Moton for Summary Judgment. For the reasons set forth below, the motion is granted. Plaintiff's Request for Judicial Notice is granted. However, while the Court can take not...
2023.10.10 Motion for Final Approval of Class Action Settlement 080
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...
2023.10.10 Motion to Vacate Entry of Sister-State Judgment and Stay Enforcement, to Quash or Set Aside Default 086
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ers agreed to service of process by registered or certified mail, return receipt requested sent to 751 Higuera Street in San Luis Obispo, California (the Service Address). (Id„ Ex. A [Agt., '150].) Sellers also agreed to "promptly notify" Plaintiff in writing of any change of address. (Ibid.) On August 17, 2021, the Sellers and Plaintiff entered into a second sale and purchase agreement, which contained the same service term and address. (ld., ...
2023.10.10 Motion to Compel Further Discovery Re Photographs 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ... (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 the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) The history of the efforts by Plaintiff in this case to conduct discovery into what should be a relatively simple and straightforward set of issues the identification and inspection of the equipment that was involved in the inci...
2023.10.10 Motion to Compel Further Responses 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ve documents, the responses are not code compliant. (Declaration of Christine Balbo Fenech in support of Defendant's motion ("Fenech Decl.") Exhs. 8 and D.) Plaintiffs did not identify which of the previously prcKluced documents are responsive to each request. Plaintiffs contend that Defendant failed to meet and confer in good faith prior to filing the subject motion. "'[AI reasonable and good faith attempt at informal resolution entails somethin...
2023.10.10 Pitchess Motion 139
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...istian's employment and personnel records pursuant to Evidence Code Section 1043 (Pitchess motion). l. Legal Standard Penal Code section 832.7 provides that peace officer personnel records are confidential and shall not be disclosed in any civil proceeding except by discovery pursuant to Evidence Code sectons 1043 through 1047.2 (See also Pen. Code, S 832.8 [defining "personnel records"l.) The Pitchess statutory scheme set forth at Evidence Code ...
2023.10.05 Special Motion to Strike 162
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...
2023.10.05 Motion to Deposit Surplus Funds 430
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...er Beach, CA (“the Property”). If there is a surplus aLer payment of the secured obligaŸon, a trustee who does not Þle an interpleader must serve by mail a prescribed noŸce of such surplus on all persons enŸtled to noŸces of default under Civ. Code, § 2924b, subd. (b) and (c). (Civ. Code, § 2924j, subd. (a).) If a conßict between potenŸal claimants exists that the trustee cannot resolve through due diligence, the trustee may, o...
2023.10.05 Motion to Compel Arbitration 119
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...claiming he never agreed to sign an arbitration agreement electronically and did not do 1. Legal Standard The standard for determining a motion to compel arbitration is as follows: On a petition to compel arbitration, the trial court must first determine whether an "agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the petition...
2023.10.05 Demurrer to FAC 856
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...ttorney Haskell (res judicata) and Judge Foley (immunity) without leave to amend and sustained demurrers as to all other defendants with leave to amend. On July 27, 2023, Plaintiff filed a First Amended Fraud Complaint ("FAC"). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. The 44- page FAC alleges a myriad of facts, statements and thoughts with the word "fraud" interposed throughout and cit...
2023.10.03 Motion to Compel Responses 318
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.03
Excerpt: ...s, set two; (2) special interrogatories, set two; (3) requests for production, set two (RFPs); and (4) requests for admission, set one (RFAs). Responses to the discovery were due on February 27, 2023. (Code Civ. Proc., SS 2016.050, 2030.250, 2031.260, 2033.250, 1013 [deadline extended 5 calendar days when served by maill.) At the time of filing these discovery motions (April 3, 2023), Plaintiff had not yet served responses. On September 20, 2023,...
2023.10.03 Motion for Summary Judgment 093
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.03
Excerpt: ..."Campbell-Taylor") and Defendant and Cross-Defendant Jesus Morales ("Morales") for general negligence and premises liability. Campbell Taylor and his wife, Paula Campbell-Taylor own the real property where the accident happened and do business as Graveyard Vineyards. ((Morales's Separate Statement of Undisputed Material Facts ("SSUMF"), Fact Nos. 2, 15.) Morales is a tree trimmer and does business as Golden State Tree Service. In July 2016, Campb...
2023.09.28 Demurrer 246 (2)
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...On July 21, 2023, Elyon filed a cross-complaint for: 1) foreclosure of mechanic's lien; 2) breach of written contract; and 3) quantum meruit. Elyon alleges that on October 11, 2022, it entered into a Professional Services Agreement under its dba, Schaefer Custom Homes (the Agreement), wherein it agreed to provide Mathias pre- construction services for a luxury custom home to be built on the Property. (X-Compl., '1 4.) Elyon provided pre-construct...
2023.09.28 Demurrer, Motion to Strike SAC 091
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ... in the ATV that render it unusable and were not fixed. Before the Court is Custom's demurrer to the Fourth, Fifth, and Sixth Causes of Acton in the SAC and Motion to Strike Paragraph 51, page 12, lines 16-23 and Prayer for Relief (c), page 15, lines 3-4 of the SAC. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. ...
2023.09.28 Motion for Final Approval of Settlement 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ....). On April 27, 2023, this Court granted preliminary approval of the settlement. Plaintiff has now filed a Motion for Final Approval of Class Acton Settlement. The motion is unopposed. The settlement class consists of "all current and former non-exempt employees who worked for Defendant Holand America Flowers, LLC in California from May 11, 2017 through April 27, 2023 (the "Class Period.")" (Settlement Agreementl 1.) There are 803 Settlement Cla...
2023.09.28 Motion to Augment Record, Petition for Writ of Mandate 077
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...y the Commission. (Administrative Record [AR], 149, '1 2.) On October 29, 2020, Sandy, in her official capacity as Executive Director of the Commission, filed an Accusaton against Petitioner, requesting a hearing on the matters alleged and that the Commission issue a decision revoking Petitioner's teaching credential. (AR 149-156.) An administrative hearing was held October 4-8, 2021, before Administrative Law Judge (ALJ) Chantal M. Sampogna. (AR...
2023.09.28 Motion to Expunge Lis Pendens 379
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...ound a home they intended to buy, and decided to obtain the loan in Defendant's name only as her credit was better than Plaintiff's credit. Plaintiff alleges he gave Defendant $17,000 in order to obtain the loan. Plaintiff also alleges he performed renovations on the Property. Plaintiff alleges that Defendant is now the sole owner of property identified as 938 Pecho Street, Morro Bay, CA 93442 with Assessor's Parcel Number: 066-201-037 ("Property...
2023.09.26 Demurrer 237
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.26
Excerpt: ... the Trust. (Petn., 5.) On November 13, 2018, Petitioner, who is Respondent's sister, filed an action in this Court, case no. 18PR-0258 (the Prior Trust Action) seeking, among other things, to invalidate the seventh amendment to the Trust on the grounds of undue influence. (Petn. 8.) On December 11, 2018, Respondent filed a counter petition to determine validity of trust documents under Probate Code section 17200, subd. (b)(3).) (Petn., '19.) The...
2023.09.21 Motion to Compel Further Responses 032
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...leging various wage and hour violations, violations of Business and Professions Code secton 17200, and a PAGA claim. On March 24, 2022, Plaintiff served his first set of special interrogatories (Interrogatories) and first set of requests for production of documents (RPD) on Defendant. As to the Interrogatories, Defendant made several objections but prov-ded no substantive responses. As to the RPDs, Defendant made several objections but prov-ded s...
2023.09.21 Motion Re Application of Delayed Discovery Rule 127
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...tion for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." Section 338, subdivision (d) is not authority for filing a motion determining whether the delayed discovery rule applies in a case. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[al plaintiff whose complai...
2023.09.21 Demurrer to Petition for Writ of Mandate 114
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...is Obispo, and the Planning Commission of the County of San Luis Obispo (the Planning Commission) (collectively Respondents or the County). The Petition alleges seven causes of action: 1) Writ of Mandate for Abuse of Discretion, CCP S 1085 or CCP S 1094.5; 2) Writ of Mandate for Arbitrary and Capric:ious Conduct; 3) Writ of Mandate as Respondents Had No Authority to Deny", 4) Writ of Mandate (CCP S 1094.5) as Respondents' Decision is Not Supporte...
2023.09.19 Motion to Strike SAC 205
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ...ber 13, 2020. Plaintiffs alleges that DSI employees failed to cap the gas line when it removed Plaintiffs' old gas dryer, and on July 8, 2021, Plaintiffs' home was substantially destroyed in an explosion and fire. On February 7, 2023, the Court granted Defendants' motion to strike the FAC, in part, on the grounds that Plaintiffs had not alleged any actions that could constitute a "conscious disregard for the safety of others." (ld. at p. 2.) Plai...
2023.09.19 Motion to Continue Trial 325
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ... of action aga-nst the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiffs allege they invested millions of dollars with Belsher and Wright, which investments have been lost. A court trial is set to begin on October 17, 2023. Now before the Court is Defendants' motion to continue the trial. The motion's focus is Wright's lack of attorney ...
2023.09.19 Demurrer, Motion to Strike 218
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ...fs further allege that Defendant concealed that the transmission had major defects ("Defect"), that Plaintiffs began experiencing problems with the Subject Vehicle and repeatedly took it to be repaired, but the problems were not fixed. 9, 10, 11, 13, 14.) Defendant demurs to the Fourth Cause of Action on the grounds that it is barred by the statute of limitations and fails to allege sufficient facts to state a fraud cause of action. Defendant mov...
2023.09.14 Motions for Protective Order 262
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.14
Excerpt: ...s perc:ipient witnesses. After the depositions on June 1, 2023, Plaintiff designated 188 non-reta-ned expert witnesses, including the five police department witnesses. (Declaration of John A. Demarest, 3.) Defendant Kayla Myers ("Defendant") noticed their depositions as non-retained experts. Plaintiff filed the subject motions for protective order to bar Defendant from deposing the five witnesses for a second time. Defendant opposes the motions a...
2023.09.14 Motion to Amend Complaint 158
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.14
Excerpt: ...arties presented legal theories they previously had not advanced. The Court therefore authorized each party to file a response to the Statement of Decision filed by the other party. The Court issued its proposed Statement of Decision on May 22, 2023, addressing the issues raised in the parties' prodigious filings, including the arguments raised: (1) in the trial briefs; (2) during closing argument; (3) in the pocket briefs addressing the decision...
2023.09.13 Motion for Correction and Amendment of Order 179
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...held a 50% ownership in the Property. The same percentage of ownership was reported on Schedules A, L, and N of Bozner's First and Final Account. The Court approved Bozner's First and Final Account in March 2018, and provided for distribution of that 50% interest in the Property to her. The Court's order further provided that any of Decedent's separate property would be divided 50% to Bozner, and 25% to each of the decedent's sisters.l Neither re...
2023.09.13 Motion to Expunge Lis Pendens, for Attorney Fees, Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...
2023.09.13 Motion for Summary Adjudication 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...
2023.09.13 Motion to Quash Deposition, Stay Deposition, Issue Protective Order 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action 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 Flor...
2023.09.12 Motion to Set Aside Dismissal and Enter Judgment 184
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.12
Excerpt: ...settlement (Filed Stipulation). The Filed Stipulation reported that the parties had entered into a separate stipulation regarding entry of judgment, which set forth the terms of their settlement (Settlement Stipulation). The Court granted the request to retain jurisdiction, and dismissed the action on October 7, 2022. Plaintiff now seeks to set aside the dismissal and have the Court enter judgment pursuant to the Settlement Stipulation. No opposi...
2023.09.07 Motion to Set Aside Default 279
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...his action against Defendants for allegedly breaching the Contract and failing to pay for Plaintiff's services. The Contract includes a mandatory arbitration clause, and Plaintiff's counsel acknowledged that the dispute would have to be arbitrated ifthe parties could not reach a settlement. (Complaint, Ex. 1 S 6.2; Amended Declaration of Wesley Bonnheim ("Bonnheim Dec.") '1 7, Ex. 2.)1 On or about February 16, 2023, Plaintiff advised Defendants t...
2023.09.07 Motion to Quash Service of Summons 162
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...fore the Court is Cotton's motion to quash service of summons. Code of Civil Prmædure section 418.10, subdivision (a)(l) entitles a defendant to file a motion to quash service on the ground of lack of jurisdiction. In response to a motion to quash, the plaintiff has the burden of establishing the facts that demonstrate the court's acquisition of personal jurisdiction over the defendant, including the facts showing effective service of process. (...
2023.09.07 Demurrer to SAC 193
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...y"). In August 2012, Krista Koening ("Koening") and David Kneller leased a portion of the Huasna Property for use as a horse training facility. (Second Amended Complaint "SAC" '17.) In 2016, Koening registered to grow cannabis on the Huasna Property allegedly with the Smiths' knowledge and approval. (SAC 10.) In 2017, Koening and others formed SLOS for the purpose of applying for a cannabis permit to grow cannabis on the Huasna Property. (SAC '11...
2023.09.06 Motion for Approval of PAGA Settlement 663
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.06
Excerpt: ...f Labor Code section 2699(c). Now before the Court is Plaintiff's unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order approving the $600,000 settlement between Plaintiff and Defendant; appointing CPT Group, Inc. as the settlement administrator; granting Plaintiff's attorneys' fees request for $200,000; and providing Plaintiffs counsel reimbursement of $10,490.15 in litigation costs. The PAGA statute provi...
2023.08.31 Motion to Declare Vexatious Litigant 053
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...ly filed (and then dismissed) complaint did not qualify as "litigation" for purposes of vexatious litigant law. Subsequently, on July 13, 2023, the Court ordered Plaintiff to posta $15,000 bond pursuant to Code of Civil Procedure section 1030. Currently on calendar is Defendant's renewed Mohon to Deem Plaintiff a Vexatious Litigant. (Code Civ. Proc., S 391.1.)1 Plaintiff opposes the motion. The Court grants Defendant's Request for Judicial Notce....
2023.08.31 Motion for Summary Adjudication, Demurrer, Motion to Strike 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...inst multiple defendants including Alfred Nevis (Nevis), Makat Investments LLC (Makat) and Corbett AG, LLC (Corbett) (collectively the Nevis Defendants). The Live Oak Action alleges five causes of action for: 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; and 5) declaratory judgment. On that same date, Manji 2514 W, LLC (Manji) filed an action (22CV-0430, the Manji Acton) against multiple def...
2023.08.31 Demurrer, Motion to Strike FAC 577
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...ts misclassified him as an exempt employee and did not pay him in compliance with the Labor Code. LeMoine alleges that he was terminated in retaliation for raising the issue of unpaid wages and objecting to a deduction in wages for a business loss. Before the Court is Defendants' demurrer to the Sixth, Seventh and Ninth Causes of Action in the FAC and Devries' Motion to Strike paragraph 62 of the FAC. Defendants contend that the Sixth Cause of Ac...
2023.08.31 Demurrer 053
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...with the City of Pismo Beach Police Department ("CPMPD"). (Complaint, p. 2, II. 16-18.) Plaintiff alleges that Defendant failed to timely respond to that request. (Cal. Gov't Code S 6253, subd. (c).) Approximately one week after the deadline to respond had passed, Plaintiff followed up with CPMPD, but the dispatcher could not assist him. (Complaint, pp. 2-3, II. 26-2.) Plaintiff left a message with the Chief's secretary but received no return cal...

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