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2021.06.22 Motions to Compel, Deem Admitted 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...
2021.06.22 Motion to Quash 287
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions Code sectio...
2021.06.22 Motion for Protective Order 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...rrevocable 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. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...
2021.06.22 Motion for Attorney Fees 274
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...
2021.06.22 Demurrers, Petition for Writ of Mandamus and Complaint 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...
2021.06.22 Demurrer 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
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...
2021.06.22 Motion to Require Mental Health Exam, to Compel Compliance and Release of Psychotherapy Records 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...
2021.06.15 Motion for Protective Order 182
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.15
Excerpt: ...ivil action against Defendant. Plaintiff's complaint is captioned as “Verified Complaint in Equity to Set Aside Judgment Obtained by Extrinsic Fraud or Mistake; Default and Default Judgment Rendered by Court Lacking Jurisdiction over Defendant.” The crux of Plaintiff's civil action is that he was never served with process in the Collections Action, and the substituted service made on his alleged co‐tenant was ineffective. Thus, according to...
2021.06.15 Demurrer, Motion to Strike, for Sanctions 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.15
Excerpt: ...nt against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1 . Plaintiffs' first amended complaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and pr...
2021.06.15 Demurrer 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.15
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...
2021.05.26 Motion for Final Approval of Class Action Settlement 240
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...motion for preliminary approval of class action settlement, which motion the Court granted on November 18, 2020. Now before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of 267 Class Members, defined as “all current and former employees who worked for Defendant in California at any time from April 25, 2018 through March 26, 2019.” The Parties have agreed to settle the class claims for a ...
2021.05.26 Motion for Attorney's Fees 535
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...s' fees under Code of Civil Procedure section 1021.5 (Section 1021.5). Legal Authority. Pursuant to section 1021.5, a trial court may ‘award attorney[ ] fees to a successful party against one or more opposing parties in any action [that] has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of...
2021.05.26 Motion to Compel Arbitration 387
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...g Statement identifying the Lender as “WebBank” and the Borrower as Defendant. Defendant filed an answer to the complaint on October 13, 2020. Now before the Court is Defendant's motion to compel arbitration. The Court is not in receipt of an opposition; a proof of service is on file. Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocab...
2021.05.26 Motion for Leave to File Complaint 712
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...ode of Civil Procedure section 426.50. Defendant's proposed cross‐complaint alleges claims for declaratory relief and reimbursement, no coverage and reimbursement, fraud and deceit, and negligent misrepresentation against Plaintiff. (Exh. 1.) Defendant contends that it learned of misrepresentations and concealments by Plaintiff when it received supplemental responses to written discovery on or about October 14, 2020. (Valdespino Decl., ¶ 2.) D...
2021.05.26 Motion for Preliminary Approval of Class Action Settlement 543
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...ys General Act (“PAGA”). Plaintiffs and Defendants have now settled, and Plaintiffs move for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiffs served the motion and supporting documents on Defendants; no opposition or objection was filed. Plaintiffs seek an order: 1) Provisionally approving and certifying the Settlement Class; 2) Provisionally approving the Named Plaintiffs (ALEJANDRA GUZMAN, K...
2021.05.26 Motion to Enforce Settlement Agreement 003
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.26
Excerpt: ...ach, known as Tract #3043 (“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.2 The Settlement Agreement between Hansen and Silver Shoals (the “Agreement”)3 provides that Silver Shoals would pay Hansen $700,000 and transfer title of Lot 6 of Tract 30...
2021.05.25 Motion to Compel, to Deem Admitted 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.25
Excerpt: ...ry on Defendant, including demands for production of documents, special interrogatories, form interrogatories, and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs now bring four motions: • Motion to Compel Defend...
2021.05.25 Motion for Final Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.25
Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...
2021.05.18 Motion to File Amended Complaint, to Dismiss 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.18
Excerpt: ...d. Plaintiff previously moved for judgment on the pleadings, largely based on Defendants' failure to controvert the material allegations in the complaint based on their unverified answer. On January 12, 2021, this Court denied Plaintiff's motion for judgment on the pleadings, noting that Plaintiff's operative pleading suffered from various deficiencies, including but not limited to a failure to set out each cause of action separately, along with ...
2021.05.18 Motion to Compel Arbitration 396
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.18
Excerpt: ...itration under both the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the California Code of Civil Procedure (§ 1280, et seq.)1 A. LEGAL STANDARD Under California law, “[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.” (§ 1281; see also Condee v. Longwood Mgmt. Corp. (2001) 88 C...
2021.05.18 Motion for Summary Adjudication, to Strike 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.18
Excerpt: ...roperty in the California Valley on July 28, 2014. The Jensens were the sellers of the real property and the remaining defendants were the agent and broker involved in the transaction. The REDs represented both the Jensens and Plaintiff. On December 21, 2018, the Court granted summary judgment in favor of the REDs, and dismissed them from this action. The crux of the dispute are Plaintiff's allegations that the Jensens knew, and failed to warn, o...
2021.05.18 Demurrer 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.18
Excerpt: ...ranted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff filed her second amended complaint. On January 12, 2021, this Court heard argument on multiple demurrers and motions to strike filed by various Defendants. The Court sustained the demurrers with leave to amend and ordered Plaintiff to file a third amended complaint. Plaintiff se...
2021.05.11 Motions for Reconsideration, Renewal 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.05.11
Excerpt: ...ouble vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). On July 14, 2020, Plaintiff filed a Motion for Appointment of Counsel, which was denied on October 6, 2020. This was not Plaintiff's first motion seeking appointment of counsel; all such motions have been denied. Plaintiff also apparently served but did not file a Motion for Appointmen...
2021.04.27 Motion for Attorney's Fees 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...between the parties for Defendants' purchase of certain furniture, fixtures, and kitchen equipment related to the restaurant industry (the “FFE”). On September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). (Case No. 18CVP‐0323, the “Mullins Action.”) The dispute concerned Hansen's lease of commercial restaurant space located in Paso Robles, California (...
2021.04.27 Motion for Final Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...
2021.04.27 Special Motion to Strike, Demurrer 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...amended complaint on June 26, 2019, and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff's second amended complaint (SAC) named as Defendants: The County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lo...
2021.04.20 Motion to Enforce Settlement 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...proximate 3,600‐foot‐long road in Templeton, to which Plaintiff claims he is entitled in perpetuity. Defendants dispute this. Plaintiff alleges that Defendants caused a buyer for Plaintiff's property to cancel the purchase when Defendants claimed that no legal rights to the road exist. Plaintiff alleges he has been unable to market and sell the property due to Defendants' actions. On March 3, 2021, Plaintiff filed a notice of conditional sett...
2021.04.20 Motion to Compel 263
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...es of action for discrimination and harassment based on ancestry, race, and national origin, as well as retaliation under the Fair Employment and Housing Act (“FEHA”), intentional infliction of emotional distress, wage and hour violations under the Labor Code, and unfair business practices under Business and Professions Code section 17200, et seq. On February 28, 2020, Plaintiff served Requests for Production (Set One) on Defendants. On June ...
2021.04.20 Motion to Augment Expert Witness Disclosure 167
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, th...
2021.04.20 Motion for Summary Judgment 003
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...ists of ten parcels, all of which are accessed by a paved common road (i.e., Camino Vina). The parties' dispute arises out of Defendants' lease of their real property to AvantStay, Inc., (“AvantStay”) which conducts a short‐term rental operation at the premises. Currently on calendar is Plaintiffs' motion for summary judgment, or in the alternative, summary adjudication. Plaintiffs argue that AvantStay's activities constitute a breach of Ar...
2021.04.14 Motion to Vacate Default, Judgment 678
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.14
Excerpt: ...rved on November 10, 2020. The Defendants' default was subsequently entered on November 19, 2020, and a default judgment entered on February 11, 2021. Currently on calendar is Burchell's motion to set aside the default and default judgment, pursuant to Code of Civil Procedure section 473(b) (“Section 473”). Under Section 473, the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her based on...
2021.04.14 Motion for Sanctions, to Compel Completion of Defense Expert Exam 729
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.14
Excerpt: ...f drugs, and that before she struck Plaintiff, numerous drivers called 911 to report Defendant's erratic driving. Now at issue are two motions relating to a neuropsychological examination of Plaintiff conducted on behalf of the defense by Dr. Mi‐Yeong Jo (“Dr. Jo”), on July 13, 2020, in Santa Barbara, California. Plaintiff filed a motion compelling the production of Dr. Jo's report, and for a monetary sanction of attorney's fees. However, a...
2021.04.14 Motion for Appointment of Psychologist 169
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.14
Excerpt: ... conservatorship remains in place with letters set to expire on June 1, 2021, the same date set for an evidentiary hearing on the petition for general guardianship. The impetus for the conservatorship proceedings were allegations that Diane was induced to convey her home, without consideration, to her daughter Maureen McCoy.2 In response, Diane asserts that she had good reason to convey her residence because it was facing foreclosure for unpaid t...
2021.04.06 Motion to Enforce Contempt Order 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.06
Excerpt: ...ust 10, 2017, the Court held a hearing on the matter and found that “Mr. Hafler is storing a recreational vehicle on his property in violation of San Luis Obispo County Code 22.30.040, which prohibits accessory storage on a site without an established principal use, such as a house.” (Judgment, filed 08/31/17.) The Court issued the requested permanent injunction and ordered Hafler to (among other things) “[i]mmediately remove all necessary ...
2021.04.06 Motion to Compel Further Responses 277
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.06
Excerpt: ...d Form Interrogatories ‐ Employment Law (Judicial Council form DISC‐002), set one on Faith. Faith provided verified responses on December 11, 2020. On January 7, 2021, Plaintiff's counsel sent a meet and confer letter outlining issues with Faith's responses to interrogatories 201.5 and 201.6. Faith had responded to both interrogatories with the same objections: Responding Party objects that the interrogatory is not reasonably calculated to le...
2021.04.06 Motion to Compel Further Responses 090
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.06
Excerpt: ...‐Beverly Warranty Act. Plaintiffs' lawsuit centers around their 2017 purchase of a 2013 GMC Acadia (the Subject Vehicle) from Defendant. (Compl., ¶¶ 4, 5.) Plaintiffs allege the Subject Vehicle had various defects and malfunctions including: gear shifting delay, motor mount failure, inoperable horn, faulty purge solenoid, rattle noise from air conditioning system, and steering/suspension issues. (Compl., ¶ 10.) Now before the Court are two m...
2021.04.06 Demurrer, Motion to Strike 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.06
Excerpt: ...has been filed by Defendant Rass Holdings, LLC (Rass) against both Plaintiffs; Mondo Wine Estate, LLC; Carl Douglas Mondo; Tyler Chernack; and Alternative Real Estate Investments, Inc. dba Cannabis Real Estate Consultants (AREI). Rass's cross‐ complaint asserts twelve causes of action, six of which are pled against AREI: the fourth cause of action for fraud, the seventh cause of action for interference with contractual relationships, the eighth...
2021.03.23 Demurrer, Motion to Strike 250
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.23
Excerpt: ...e section 2924; 2) Violation of Civil Code section 2923.6(c); 3) Violation of Civil Code section 2923.7; 4) Violation of Civil Code section 2924.9; 5) Negligence; 6) Unfair Business Practices, Violation of Business and Professions Code section 17200, et seq; and 7) Cancellation of Written Instruments, Civil Code section 3412. This action involves real property at 650 Ashby Lane, Cambria, CA (the “Property”), that Plaintiff alleges is her pers...
2021.03.23 Demurrer 002
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.23
Excerpt: ...s of action for (1) financial elder abuse (against all Defendants); (2) physical elder abuse (against John1 and Carolyn); (3) neglect (against John and Carolyn); (4) isolation (against John and Carolyn); (5) undue influence (against all Defendants); (6) breach of fiduciary duties (against all Defendants); and (7) negligence (against all Defendants). There is a related probate action (San Luis Obispo Superior Court Case No. 20PR‐0152) filed May ...
2021.03.23 Motion to Enter Judgment Based on Stipulation 777
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.23
Excerpt: ...ending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Italics added.) According to t...
2021.03.23 Motion for Leave to File FAC 401
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.23
Excerpt: ...ff now brings a motion pursuant to Code of Civil Procedure section 473(a) for leave to file a proposed first amended complaint to clarify allegations in her complaint and add a claim for punitive damages. (Griffith Decl., ¶ 4; Exh. 11.) Defendant opposes the motion. No reply was filed by Plaintiff. I. Legal Standard “[T]here is a strong policy in favor of liberal allowance of amendments.” (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290,...
2021.03.23 Motion to Compel Further Responses 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.23
Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court Plaintiff's motion to compel Defendant's further response to special interrogatories. Plaintiff seeks further responses to interrogatory numbers 6, 7, 8, 9, 10, 11, 18, 27, 28, 29, 30, 31, 33, 34, 36, 38, 39, 40, 41, 42, 43, 44, and 45. Defendant asserted objections, only, to all these interrogatories, with the exception of no...
2021.03.16 Motion to Vacate Dismissal, to Reclassify Case 874
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.16
Excerpt: ...he breeding of a foal and the boarding and care of the baby and its mother. Plaintiff has been caring for and feeding the mare and foal since 2017, and its damages continue to accrue. Plaintiff filed proof of personal service on Defendant, but Defendant has not appeared. Default was entered on February 5, 2019. On December 18, 2019, this Court granted Plaintiff a continuance to submit its default judgment package due to challenges faced by Plaint...
2021.03.16 Motion to Compel Further Responses, Compliance with Business Records Subpoena, for Attorney Fees 277
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.16
Excerpt: ...of Transportation. Plaintiff's first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisance, and inverse condemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Hig...
2021.03.16 Motion to Compel Further Responses 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.16
Excerpt: ...e, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Defendant's motion to compel Plaintiff to provide further responses to special interrogatories. With its motion, Defendant requests an order compelling Plaintiff to respond to special interrogatories, set three, without objection and for financial sanctions against Plaintiff “in an amount deemed reasonable by this Court.�...
2021.03.16 Motion for Final Approval of Class Action Settlement 024
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.16
Excerpt: ...�exempt HVAC technicians. Plaintiffs' second amended complaint alleges causes of action for (1) failure to provide rest breaks, (2) failure to provide meal periods, (3) failure to pay all wages earned for all hours worked [at] the correct rates of pay, (4) wage statement penalties, (5) waiting time penalties, (6) failure to indemnify, (7) unfair competition, and (8) civil penalties under the Labor Code Private Attorneys General Act of 2004 (Labor...
2021.03.09 Motion to Reopen Case 635
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
Excerpt: ...vil Procedure section 473(b) (“Section 473(b)”). In support of the motion, Plaintiff explains that on February 21, 2020, it submitted its renewal of judgment package to the court, and received notice from ABC Legal Services that the case was not available for e‐filing and to contact the court to migrate the case.1 Plaintiff states that “[d]due to the Covid‐19 pandemic, the stay at home order and court closures, Plaintiff was unable to s...
2021.03.09 Motion to Prefill Order Prohibiting Vexatious Litigant from Filing New Litigation in Propia Persona 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District 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 issued a 31‐page opinion affirming 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 den...
2021.03.09 Motion for Evidence Sanctions, Protective Order, Monetary Sanctions, to Disqualify Counsel 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
Excerpt: ...failure to provide notice of sick leave, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Plaintiff's motion for evidence and monetary sanctions, a protective order, and disqualification of Defendant's counsel. (Code Civ. Proc., § 2023.030.) Defendant filed an untimely opposition, which Plaintiff has addressed on reply. Plaintiff specifically requests: (1) An order prohibit...
2021.03.02 Motion for Summary Judgment 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ... An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer filed a cross‐complaint for fraud, neglige...

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