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1860 Results

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2019.4.25 Motion to Strike 622
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...
2019.4.25 Motion for Summary Adjudication 322
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...
2019.4.25 Demurrer 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ... James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...
2019.4.24 Motion to Compel Further Responses 407
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.24
Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...
2019.4.24 Motion for Sanctions 051
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.24
Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...
2019.4.18 Motion for Summary Adjudication 228
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.18
Excerpt: ...and counseling in connection with his drug addiction. On the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. This occurred at the Starr Defendants' office located at 1320 Van Beurden Drive, Suite 103, in Los Osos (the Subject Property). (Undisputed Material Fact [UMF] 2.) The Starr Defendants then encouraged Alexander to stay at the Subject Property and...
2019.4.17 Motion to Consolidate 342
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.17
Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...
2019.4.17 Motion for Determination of Good Faith Settlement 235
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.17
Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...
2019.4.11 Demurrer, Motion to Strike, to Quash 571
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.11
Excerpt: ...ent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Pl...
2019.3.28 Motion to Vacate Summary Judgment, for Exoneration of Bail Bond 748
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.3.28
Excerpt: ...cted that a warrant be issued for Ms. Bagley's arrest. On May 1, 2018, notice of the forfeiture was sent to ABC's agent and its surety, Lexington National Insurance Company (Lexington). This notice informed ABC's agent and Lexington that the forfeiture would become absolute on November 2, 2018, following the 180‐day statutory timeframe outlined in Penal Code section 1305. On December 10, 2018, after the 180‐day period ran, this Court entered ...
2019.3.27 Motion to Compel Testimony and Production of Docs, for Sanctions, for Protective Order 338
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.27
Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...
2019.3.27 Motion to Compel Deposition 489
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.27
Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or additional wages in lieu thereof; (5) Failure to i...
2019.3.27 Motion for Protective Order, to be Relieved as Counsel, to Compel Deposition, for Sanctions 193
Location: San Luis Obispo
Judge: Peron, Gayle
Hearing Date: 2019.3.27
Excerpt: ...ff subsequently passed away on November 25, 2018. Under Code of Civil Procedure section 377.21, “[a] pending action or proceeding does not abate by the death of a party if the cause of action survives.” The parties have not addressed whether the causes of action alleged in the complaint survive Plaintiff's death. If so, then either the decedent's successor in interest or the personal representative may seek (via motion) to be substituted in f...
2019.3.26 Motion for Reconsideration, for Declaratory Relief Order 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...rygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.3.26 Motion to Consolidate, Demurrer 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron...
2019.3.26 Motion to Set Aside and Vacate Judgment, Enter Another and Different Judgment, or for New Trial 202
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...
2019.3.26 Demurrer, Motion to Strike 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal property....
2019.3.20 Motion to Require Confidentiality Agreement to Comply with Dispute Resolution Procedures 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.20
Excerpt: ...drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ....”1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royal...
2019.3.20 Motion to Reopen Discovery, to Compel Further Responses 083
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.20
Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked ...
2019.3.6 Motion for Judgment on the Pleadings 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...
2019.3.6 Motion to Compel Further Responses 349
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...
2019.3.6 Motion to Set Aside Default 884
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...
2019.3.5 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...
2019.3.5 Motion for Summary Adjudication 027 (2)
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...
2019.3.5 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...

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