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2021.08.12 Motion for Good Faith Settlement 644
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.12
Excerpt: ...ian Cuellar and Ruben Cuellar. The second occurred on June 12, 2018, and involved Plaintiff as a pedestrian and Brenda Pettit, driving a car owned by Joseph Pettit. Plaintiff and the Cuellar Defendants have reached a settlement, and the Cuellar Defendants move for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and the Cuellar Defendants have agreed to settle Plaintiff's cla...
2021.08.11 Motion for Leave to File FAC 095
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.11
Excerpt: ...tively “Defendants”). Plaintiff brings this action pursuant to the Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et. seq., on behalf of the State of California, for approximately 2,000 non‐exempt similarly situated current and former aggrieved employees of Defendants who worked for Defendants or who were terminated at any time from December 6, 2019, through resolution of this action. The complaint a...
2021.08.04 Motion to Compel Mental Evaluation 162
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...rently on calendar is Petitioner's Motion to Compel a Mental Evaluation of Respondent, made pursuant to Code of Civil Procedure sections 2032.020 and 2032.310, et seq. In response, Respondent has submitted a document entitled, “Objection to Court Proceeding with Conservatorship and to Exercise of Jurisdiction.” Respondent objects to the current request on various grounds. First, Respondent states he was never served with the motion, which was...
2021.08.04 Motion to Compel Further Responses 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...d Roberta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. ...
2021.07.14 Motions to Compel Further Responses 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...hes of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset, against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories, and for $2,785.50 in sanction...
2021.07.14 Motion to Seal 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ... that the Administrative Record in this matter contains confidential peace officer personnel records within the meaning of Penal Code sections 832.7(a) and 832.8, including personal data, election of employee benefits, employee appraisal and discipline, complaints and investigation and disposition of complaints, information derived from such confidential records and other information, the disclosure of which would constitute an unwarranted invasi...
2021.07.14 Motion for Judgment on the Pleadings 100
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...essel Family Trust on April 28, 1992 (the “Trust”). Ralph had one child from a prior relationship, Gregory Wessel (“Respondent”), and Evelyn had two children from a prior relationship (Petitioners). Evelyn and Ralph served as co‐trustees until Evelyn passed away, on June 25, 2005. After her death, Ralph executed thirteen amendments to the Trust (dated 07/01/05; 07/27/05; 02/07/06; 02/28/09; 05/04/11; 01/13/12; 10/19/12; 07/15/13; 03/24/...
2021.07.14 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...tioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. On June 30, 2020, Respondents filed an “Answer to Verified Petition as to Invalidation of Will,” in which Respondents asserted: Respondents only intend to respond with this answer to the Second Cau...
2021.07.14 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...nt, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC”), on March 5, 2021. The Court...
2021.07.06 Motion for Final Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.06
Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...
2021.06.30 Motion to Strike 030
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...ce filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...
2021.06.30 Motion to Amend Interlocutory Judgment 480
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...
2021.06.23 Motion for Summary Adjudication 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...
2021.06.23 Motion for Preliminary Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...
2021.06.23 Motion to Compel Deposition, to Quash Deposition Subpoena 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...
2021.06.23 Motion to Require Mechanic's Lienholders to File Supplemental Complaints 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...
2021.06.23 Motion for Summary Adjudication 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...
2021.06.16 Motion to Dismiss 313
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.16
Excerpt: ... his sister, Susan Shively. Respondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that, ...
2021.06.16 Motion for Attorney Fees 298
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.16
Excerpt: ... for fees and costs pursuant to Civil Code section 1717, which provides in relevant part: In any action on a contract, where the contract specifically provides the attorneys' fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not...
2021.06.09 Motion to Reclassify Action 062
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...Keystone's Motion for Order Reclassifying Action as a Limited Civil Case, pursuant to Code of Civil Procedure section 403.040. The other Defendants filed a joinder to the motion on June 4, 2021. Plaintiff opposes the motion.1 For the reasons set forth below, the motion is denied. According to Keystone, Plaintiff underwent a dental implantation procedure for a single tooth, which has since been successfully restored with a new implant. Keystone no...
2021.06.09 Motion to Dismiss 313
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...pondent had three children prior to her marriage to Jack: Charles Robinson, Charlene Loera, and Lisa Robinson. (Petition, ¶ 4.) Jack and Respondent created the Trust on May 24, 2011, and served as Co‐Trustees until Jack's death on November 18, 2018. (Petition, ¶ 5.) Petitioner alleges that the Trust nominated Petitioner and Respondent to serve as Co‐Trustees upon Jack's death. (Ibid.) Petitioner alleges that on numerous occasions prior to h...
2021.06.09 Demurrer, Motion to Strike 039
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.09
Excerpt: ...(2) strict liability – manufacturing defect; (3) strict products liability – design defect; (4) strict products liability – failure to warn; and (5) negligence. Plaintiff's complaint alleges that his right index finger was crushed and subsequently amputated while operating a model no. IF 12‐1/2, Series One Niagara Power Squaring Shear (the Niagara Squaring Shear) as part of his job duties for his employer, PWS Construction (PWS). (Compl.,...
2021.05.19 Motion to Enforce Settlement Agreement and Enter Judgment 210
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.19
Excerpt: ...t 31, 2012. Defendant answered the complaint on June 5, 2014. On March 6, 2015, the parties reached a settlement for $13,567.29. On March 20, 2015, the parties submitted a Stipulation for Settlement under which Defendant's insurance company (Progressive Insurance) agreed to pay $8,700 of the $13,567.29 settlement amount and Defendant agreed to pay the remainder of $4,867.29, in monthly installments of $15, starting on February 15, 2015. The parti...
2021.05.19 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.19
Excerpt: ...al breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' settlement. Plaintiff brings this unopposed motion for preliminary approval of class action settlement, and moves the Cou...
2021.05.12 Motions to Compel Further Responses 257
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.12
Excerpt: ... Union Pacific. (FAC, p.4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuries to his body....
2021.05.05 Motion for Summary Judgment 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...On November 6, 2006, Claire amended Trust A (the “Ninth Amendment”). She amended Trust A again on July 12, 2007 (the “Tenth Amendment”). Trust A became irrevocable when Claire died on July 25, 2012. After her death, a Notification by Trustee under Probate Code section 16061.7 was sent in July 2012 to the Settlors' children advising them that Trust A had become irrevocable. On August 24, 2012, an explanation letter enclosing the Notificati...
2021.05.05 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...y hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On October 23, 2020, Garden Street filed a first amended cross‐complaint (“FACC”) against Specialty.1 The cross‐complaint sets forth causes of action for (1) ...
2021.05.05 Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...d Multiple Other Directly Related Issues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee o...
2021.05.05 Motion to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...work. On January 22, 2021, Brown received by mail an Inspection Demand, Set 3, served by Plaintiff, and Hefele received an Inspection Demand, Set 2, served by Plaintiff. (Coffin Decl., ¶¶ 3, 4.; Exhs. B, C.) Each contained one Demand for Inspection (the “Demands”) seeking the following: Responding Party is to provide access to her electronic devices, including information stored on the primary device, external servers, the cloud, and delete...
2021.05.05 Motion to Consolidate 059
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...ivil Procedure section 1048(a), to consolidate the action for all purposes into a single case caption filed in the Probate, as the actions involve common questions of fact and law. Code of Civil Procedure section 1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consol...
2021.04.28 Petition to Compel Arbitration and Stay Proceedings 571
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...nosis with Coflex, an interlaminar stabilization device, pursuant to wrongful practices. UHC now petitions pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, or, in the alternative, Code of Civil Procedure sections 1281, 1281.2 and 1281.4, to compel arbitration and to stay the proceedings. Plaintiffs do not dispute that the FAA applies. I. Legal Standard Both the FAA and California law favor arbitration. (AT&T Mobility LLC v. Con...
2021.04.28 Motions to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...n, 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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary...
2021.04.28 Motion for Sanctions 536
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ... cross‐complaint against Plaintiff. The parties' dispute arises from dueling easement claims between Plaintiff and Epifanio, who are neighbors in Arroyo Grande. Aaron Sr. is Epifanio's son, and Aaron Jr. is Aaron Sr.'s son and Epifanio's grandson. Plaintiff and Epifanio are each represented by attorneys. On November 4, 2019, Aaron Sr. filed a “response” to the complaint pro per and remains unrepresented by counsel. Also on November 4, 2019,...
2021.04.28 Motion for Approval of PAGA Settlement 676
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...tiff's notice of unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing ILYM as the settlement administrator; (3) awarding Plaintiff a Representative Service Award of $5,000; (4) granting Plaintiff's attorney's fee request for $71,750; and (5) providing Plaintiff's counsel reimbursement of $8,537.32 in litigation costs. The PAGA statute provides tha...
2021.04.21 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.21
Excerpt: ...pecialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On November 3, 2020, Garden Street filed a cross‐complaint against Blum & Sons Electric, Inc. (“Blum”), one of the subcontractors on the Project. The cro...
2021.04.07 Motion to Compel Further Responses, for Protective Order 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...duction of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third set of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the responses. Counsel for Mathis replied on February 21, 2020. On March 13, 2020, Mathis ser...
2021.04.07 Motion to Compel Further Responses 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories and for $2,785.50 in sanctions; (2) Motion to compel further re...
2021.04.07 Motion to Compel Further SROGs, Docs 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...ompany, LLC (“Bening”), and Roberta Chavez, alleging seven causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship (the “FAC”). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Re...
2021.04.07 Motion to Enforce Settlement Agreement 003
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...(“Tract 3043”). On November 29, 2016, a Statement of Agreement was filed reporting the parties had participated in mediation which resulted in a conditional settlement. The matter has been on calendar for various status reports since that time.1 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)2 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 3043 to Hansen. In exchange,...
2021.04.07 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 196
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.07
Excerpt: ...Settlement. In compliance with its local procedures, the Court issued an order pursuant to California Rules of Court, rule 3.1385. The order states the matter would be dismissed on June 15, 2021, absent a motion to vacate the order filed before that date. Thus, the matter has not yet been dismissed. Plaintiff now seeks to enforce the parties' Stipulation for Settlement (“Stipulation”) and have judgment entered pursuant to Code of Civil Proced...
2021.03.23 Motion to Compel Responses 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.23
Excerpt: ...he complaint on March 19, 2020. On August 5, 2020, the County served (a) form interrogatories, set one; (b) special interrogatories, set one; (c) requests for production of documents, set one (“RFPs”); and (d) requests for admission, set one (“RFAs”). After receiving several extensions, Plaintiff's responses were due on October 9, 2020. At the time of filing these discovery motions (November 13, 2020), no responses had been received. (Gri...
2021.03.17 Petition for Writ of Mandate 418
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.17
Excerpt: ... Obispo (Cal Poly)'s administrative findings and decision which found Petitioner responsible for sexual misconduct and expelled him from Cal Poly as a result. The Subject Incident. Doe and Jane Roe, also a Cal Poly student, met through Cal Poly's Disability Resource Center (DRC) and were friends. (Administrative Record [AR] 299.) On March 17, 2018, Roe went to downtown San Luis Obispo for a St. Patrick's Day pub crawl. Before leaving her house in...
2021.03.17 Motion to Vacate Default, Judgment 538
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.17
Excerpt: ...ge garnishment, the parties reported to the Court that the matter had been settled. Currently before the Court is Defendant's Motion for an Order Vacating and Setting Aside the Default and Default Judgment, on the ground of extrinsic fraud. Plaintiff has not filed an opposition. According to the proof of service filed on January 7, 2008, Defendant was served by substituted service on December 26, 2007, by leaving a copy of the complaint and summo...
2021.03.17 Motion to Reopen Case Under Code of Civil Procedure 159
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.17
Excerpt: ...uary 12, 2019, and Dental Works West was served by substituted service that same day. At the time the complaint was filed, the Court issued an Order to Show Cause (“OSC”) re Sanctions under California Rules of Court, rule 3.740, and set a hearing for December 12, 2019. On that day, Plaintiff's counsel requested a continuance, and the Court set the matter for an OSC re Dismissal on February 3, 2020. Prior to the February 3, 2020 hearing, (on D...
2021.03.17 Motion to Amend Judgment 551
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.17
Excerpt: ...onal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187 to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss and Katherine E. Diaz.1 The notice of hearing, motion and supporting documents ...
2021.03.17 Motion for Judgment on the Pleadings 054
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.17
Excerpt: ...death on June 29, 2019, and that Respondent took advantage of Settlor and his progressive neurological disorder by inducing him “to marry her, create a trust naming her as beneficiary and successor trustee, and execute transfer and other documents intended ... to make sure she acquired all of [Settlor's] property upon his death.” (Am.Pet., ¶¶ 5, 6.) Respondent filed a response to the amended petition on November 10, 2020. According to the a...
2021.03.10 Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ...sues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee of all three subtrusts until her deat...
2021.03.10 Motion to Compel Discovery Responses 407
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ...nterrogatories, Set One; and 4) Request for Production of Documents, Set One (collectively the “Discovery”). (Balsamo Decl.2 , ¶ 2.) On August 17, 2020, Julie's attorney requested an extension of time to respond to the Discovery to September 17, 2020 so Julie could retain litigation counsel; Charles' counsel granted that request. (Balsamo Decl., ¶ 4.) On September 16, 2020, Julie's other attorney emailed and requested a second extension to ...
2021.03.10 Motion for Summary Judgment, Adjudication 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ... the Survivor's Trust), Trust B‐Family Trust, and Trust C‐Exemption Trust. Pursuant to the terms of the Trust, 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.1 Upon Claire's death, Trust A became irrevocable. Prior to that, however, Clai...
2021.03.10 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...

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