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2023.01.06 Motion for Stay 084
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.06
Excerpt: ...5.16 (i.e., the anti‐SLAPP statute)1 and dismissed the matter. The Court also found that Defendants were entitled to recover their costs and fees in connection with the anti‐SLAPP motion. Two months later, the Court awarded Defendants their attorney's fees and costs in the amount of $17,200. (§ 425.16(c).) Plaintiff has appealed both decisions. 2 An appeal of an order granting an anti‐SLAPP motion automatically stays all further proceeding...
2023.01.06 Motion for Judgment on the Pleadings 187
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.06
Excerpt: ...es a claim against Wood's contractor's license bond. Wood and ACIC answered the complaint on July 18, 2019, and filed a cross‐complaint against Plaintiff that same day. Currently on calendar is ACIC's Motion for Judgment on the Pleadings. ACIC argues the claim on the contractor's license bond is barred by the relevant statute of limitations. (Code Civ. Proc., § 438(c)(1)(B)(ii)). Plaintiff opposes the motion arguing the parties agreed to toll ...
2023.01.06 Demurrer to TAC 064
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.01.06
Excerpt: ...gh her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc. and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Like Machado, Ginger, who served as McKinsey's long‐time bookkeeper fr...
2022.12.13 Motion for Relief from Government Claim Filing Requirements 148
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.12.13
Excerpt: ...iability. This lawsuit arises out of a series of shootings that occurred on June 10, 2020 in Paso Robles. A man named Mason Lira, now deceased, shot Plaintiff Nicholas Dreyfus in the face; Nicholas1 survived. At the time, Nicholas was a San Luis Obispo County Sheriff's Deputy. Tyler is Nicholas's wife. Lira also shot and killed James Watson, the father of Plaintiff Johnny Watson. Plaintiffs have sued Robert Bettencourt, an attorney, whom Plaintif...
2022.12.06 Motion to Compel Responses 391
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.12.06
Excerpt: ...li that same day. On June 18, 2019, Laurie Siegenthaler (Siegenthaler) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud, and alleging Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. On June 24, 2022, Andreoli propounded a Demand for Pr...
2022.12.06 Motion for Leave to File SAC 232
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.12.06
Excerpt: ...now move for leave to file a Second Amended Petition (SAP). (Ex. A.) Defendants oppose the motion. No trial date is set in the action. Plaintiffs seek to amend the petition to add an additional cause of action for preliminary and permanent injunction based on allegations that Defendant has been accessing its water company equipment via a road on Plaintiff's proper that it has no right to. (Declaration of Andrew W. Hays (Hays Dec.), ¶ 2.) Plainti...
2022.12.06 Demurrer to FACC 060
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.12.06
Excerpt: ... and fair dealing re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. On July 18, 2022, both Defendants (hereinafter referred to as Cross‐Complainants) filed a first amended cross‐complaint (FACC) against Plaintiff and Joanne Russell (collectively referred to herein as Cross‐Defendants) asserting causes of action for (1) breach of contract, (2) fraud...
2022.11.22 Special Motion to Strike 125
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.22
Excerpt: ... by Accessor's Parcel Number 017‐041‐036 in San Luis Obispo (“Property”). Pavao originally took title with Michael Szulborski (“Szulborski”), unmarried, on April 5, 2019. (Complaint ¶ 4.) At the time, Pavao and Szulborski were in a long‐term relationship but are no longer. (Id.) Pavao and Szulborski purchased the vacant land with the intention of establishing a cannabis farm. (Id.) Pavao put in the funds and was 80% owner while Szu...
2022.11.22 Motion to Apply Proceeds from Sale of Liquor License in Satisfaction of Judgment 007
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.22
Excerpt: ...ow moves pursuant to Code of Civil Procedure section 708.610, et. seq., to appoint a receiver for the purpose of transferring Rabbit Ridge's interest in two liquor licenses and for an order applying the proceeds from the sale of the licenses. The motion was served by mail on Rabbit Ridge by Leroy Codding, its registered agent and CEO. No opposition is on file. The Court grants Aggreko's Request for Judicial Notice (RJN) of the judgment in this ma...
2022.11.22 Motion for Summary Judgment, Adjudication 158
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.22
Excerpt: ...es pursuant to Code of Civil Procedure section 437c for summary judgment on the complaint or in the alternative summary adjudication as to damages and each of the causes of action. Plaintiff opposes the motion. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding if it is contended that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a)(1).) A party may, in the alter...
2022.11.22 Motion for Sanctions 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.22
Excerpt: ... the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher a...
2022.11.22 Application for Right to Attach Order and Writ of Attachment 216
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.22
Excerpt: ...s Mondragon and Jiminez, dba Paradise Grill (“Lessee”) leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $194,663.20. Now before the Court is Plaintiff's Application for the Right to Attach Order and Order for Issuance of Writ of Attachment (“Application”) a...
2022.11.15 Motion for Mandatory Attorney Fees 084
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.15
Excerpt: ...ants' special motion to strike pursuant to Code of Civil Procedure section 425.16 (“anti‐SLAPP statute”) and dismissed the matter. Now before the Court is Defendants' motion for mandatory attorney fees and costs pursuant to Code of Civil Procedure 426.16(c).1 Under this section, any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th.1122, 1131‐32.) Thus, ...
2022.11.15 Demurrer 206
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.15
Excerpt: ...ot 1), which is located in a neighborhood known as Spanish Lakes (the Development). The Development is subject to both the Davis‐ Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.; the Davis‐Stirling Act) and a Declaration of Covenants, Conditions and Restrictions, which was recorded in December 1999 (the CC&Rs). (Cmp., Ex. 1.) The Association exists to serve the Development, and the Water Company provides water to the Deve...
2022.11.01 Motion to Set Aside Default Judgment 008
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.11.01
Excerpt: ...tiff alleges that on this date, a murphy bed in her room was negligently maintained and set up so that a bar was sticking out into a pathway. Plaintiff alleges she tripped over this bar, suffering three pelvic fractures which required hospitalization. Plaintiff alleges she has constant pain, uses a cane, and has sustained medicals of more than $100,000. On May 8, 2020, a registered process server served both Defendants with the summons, complaint...
2022.10.25 Demurrer or Motion to Stay 198
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.25
Excerpt: ... before the Court is Defendants' demurrer or in the alternative motion to stay on the grounds that another action is currently pending and that the primary rights doctrine prohibits Kimball from splitting a cause of action and maintaining two separate lawsuits. Defendants allege that Plaintiff only filed the Second Action because the parties could not agree on allowing Plaintiff to file an amended complaint in a different pending action. Plaintif...
2022.10.18 Motion to Tax Petitioners' Costs 164
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.18
Excerpt: ...y evidentiary hearing, on August 1, 2022, this Court (Hon. Hernaldo J. Baltodano, presiding) issued a ruling in Petitioners' favor, ordering a three‐year civil harassment order against Respondent. On August 23, 2022, Petitioners filed a cost memorandum seeking $7,660.70 in costs. Now before the Court is Respondent's motion to tax costs. Respondent first argues that Petitioners' memorandum of costs is untimely. A memorandum of costs must be serv...
2022.10.18 Motion for Summary Judgment, Adjudication 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.18
Excerpt: ...tiff alleges that Jefferson is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the Property) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the Fence) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document N...
2022.10.18 Motion for Relief from Entry of Default 006
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.18
Excerpt: ..., and specifically a sum of $60,000 rent paid in advance. Plaintiff alleges Defendants misrepresented or concealed various conditions, including that they were subtenants and not authorized to sublease. On May 7, 2021, Plaintiff filed proofs of personal service of the summons, complaint and related documents on Dugan, Eagle Oak and Raylyn Farms. The documents were served by a registered process server on April 5, 2021. No response was filed or se...
2022.10.04 Motion to Compel Further Responses 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...s of record in the amount of $2,205. Ford opposes the motion. Plaintiff served his first set of requests for production (RFPs) on May 17, 2022. (Declaration of Armando Lopez (Lopez Dec.), ¶ 3; Ex. A.) On June 16, 2022, Ford served responses. (Id., ¶ 4; Ex. B.) Plaintiff contends the responses were not code‐ compliant, contained numerous objections, and failed to include a production of documents. (Ibid.) On June 27, 2022, Plaintiff initiated ...
2022.10.04 Motion for Leave to File Complaint 100
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...ner in a personal injury action against the other driver (Case No. 18CVP‐0338).1 The personal injury action ultimately settled for $37,000. CCPMS and Galileo asserted liens, totaling $23,475.36, against the settlement proceeds. After payment of attorney's fees and costs, Harris currently holds $16,165.02 in her client trust account. In light of the competing claims, Harris filed this complaint in interpleader on April 20, 2022, against CCPMS, G...
2022.09.27 Motion to Vacate and Set Aside Confession of Judgment 143
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...court places its imprimatur when submitted to the clerk for entry. [Citation.]” (Efstratis v. First Northern Bank (1997) 59 Cal.App.4th 667, 672 (Efstratis).) The Confession of Judgment was accompanied by the required declaration of counsel confirming he had advised his clients, Nicola Allegretta and Carmen Escobeda (Defendants), of the waiver of their rights and defenses under the confession of judgment procedure. (Merzon Supp. Decl., ¶ 2; Co...
2022.09.27 Motion for Reconsideration 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...26, 2022 after the Court sustained, in part, Defendant Puckett's demurrer. A hearing on the Plaintiff's motion for preliminary injunction was held on July 12, 2022 at which time the Court denied the Plaintiff's motion. Now before the Court is Plaintiff's motion for reconsideration pursuant to Code Civil Procedure section 1008. Under that section, a party affected by a prior court order “may, within 10 days after service upon the party of writte...
2022.09.27 Demurrer 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...ed the demurrer as to the defamation claim and granted leave to file an amended complaint against Puckett for intentional infliction of emotional distress. On April 26, 2022 Plaintiff filed her First Amended Complaint (FAC). The FAC outlines the escalating feud between the parties regarding noises alleged caused by roosters, dogs and explosives kept or used by Defendants. As a result of the ongoing conflict, Puckett3 and Beltran III4 both obtaine...
2022.09.13 Motion for Evidentiary Sanctions, to Compel Responses, for Monetary Sanctions 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...
2022.09.13 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...
2021.12.21 Motion to Compel Deposition of PMK, for Monetary Sanctions 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ...ight aka Ryan Petetit; PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. N...
2021.12.21 Motion for Preliminary Injunction 570
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ... causes of action for (1) quiet title, (2) quiet title to easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. This is a neighbor dispute. The Mullaney Plaintiffs are alleged to own real property located at 2866 Corte de Mayo in Arroyo Grande (the Mullaney Property). (Compl., ¶ 7.) The Hamilton Plaintiffs are alleged to own real property located at 504 Mesa View Drive in Arroyo ...
2021.12.21 Motion for Preliminary Injunction 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ... is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the “Property”) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the “Fence”) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document No. 16590 and su...
2021.08.24 Motion to Compel Arbitration 042
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ... by an authorized dealership in California1 . (Compl., ¶ 9.) Plaintiff further alleges that she submitted the Fiesta to PRF for substantial repair on at least on occasion. (Compl., ¶ 50.) Plaintiff's complaint alleges seven causes of action: 1) Violation of Subdivision (D) of Civil Code section 1793.2, against FMC, based on FMC's Express Written Warranty (Exh. A to the Compl.); 2) Violation of Subdivision (B) of Civil Code section 1793.2 agains...
2021.08.24 Motion for Sanctions or Contempt 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...
2021.08.24 Motion for Judgment on the Pleadings 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...
2021.08.24 Motion for Attorney Fees 378
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...
2021.08.17 Motion to Quash Service of Summons Based on Lack of Personal Jurisdiction 059
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.17
Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...
2021.08.17 Motion to Enforce Stipulatted Judgment 041
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.17
Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...
2021.08.10 Motion for Preliminary Approval of Class Action Settlement 361
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...
2021.08.10 Motion to Quash 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ... Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The SAC asserts eighteen causes of action against the various Defendants. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...
2021.08.10 Motion to Require Security 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...
2021.08.10 Motions to Expunge Lis Pendens, Demurrer 103
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...
2021.08.03 Motions to be Personally Present for Trial 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...
2021.08.03 Motion to Compel Depositions 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...
2021.08.03 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certifica...
2021.07.13 Motions to Compel Further Responses 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...
2021.07.13 Motion to Require Security 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...
2021.07.13 Motion to Permit Discovery of Profits and Financial Condition 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...
2021.07.13 Motion to Compel Depositions of Expert Witnesses 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...
2021.07.13 Motion to Compel Deposition, Further Responses, for Monetary Sanctions 182
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...
2021.07.13 Motion for Final Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
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...
2021.07.13 Demurrer, Motion to Strike 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...
2021.07.13 Demurrer 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...

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