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2021.03.02 Motion for Leave to File SAC 277
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...ondemnation. 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 Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right‐of‐way between the Highway and the Property, which includes a curb that captures water ru...
2021.03.02 Motion for Attorney's Fees 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...ker Request. On August 6, 2020, Drucker filed a request for civil harassment restraining order (San Luis Obispo Superior Court Case No. 20CVP‐0253, the Drucker Request) seeking protection for himself and his family from Ober. Drucker's request for a temporary restraining order (TRO) was denied the same day1 . In his Request, Drucker claimed that Ober verbally harassed Drucker's wife, Regina Drucker. Drucker claimed that Ober stared into the Dru...
2021.03.02 Demurrer 274
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...t 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.) Allegations in the Original Complaint. In her original verified complaint, Plaintiff alleges that she contacted Defendant Channon Clagg in June 2019. Plaintiff alleges she wanted to rent the ...
2021.02.23 Petition to Compel Arbitration 165
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...
2021.02.23 Motions to Compel Further Responses 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...
2021.02.23 Demurrers 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of the amended complaint is that Defendants, in breach of their legal and contractual obligations ...
2021.02.09 Motion to Strike 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.09
Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...
2021.02.02 Motions to Compel 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...rty, (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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...
2021.02.02 Motion to Declare Vexatious Litigant 189
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...
2021.02.02 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...e 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 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...
2021.02.02 Motion for Protective Order 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...
2021.01.26 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...
2021.01.26 Motion to Compel Compliance 296
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. In November 2019, Plaint...
2021.01.26 Motion to Compel Production of Docs 153
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...
2021.01.19 Demurrer, Motion to Strike 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. On August 6, 2019, the Court sustained the County's demurrer to the complaint without leave to amend as to the first cause of action for negligen...
2021.01.19 Demurrer 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...ses 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 preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...
2021.01.13 Motion to Amend Judgment 551
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ...rough personal 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 motion was not served on either Defenda...
2021.01.13 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...
2021.01.12 Motion for Judgment on the Pleadings 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...
2021.01.12 Demurrer, Special Motion to Strike 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...omplaint 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. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...
2021.01.05 Motion for Preliminary Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.05
Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...
2020.12.22 Motion to Sever Action, for Entry of Judgment 111
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.22
Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...
2020.12.15 Motion for Determination of Good Faith Settlement 251
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...
2020.12.15 Motion for Discovery of Financial Condition 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...
2020.12.15 Motion for Preference 167
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...
2020.12.15 Motion for Preliminary Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... non‐exempt 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) un...
2020.12.15 Motion to Strike 269
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...
2020.12.15 Motion to Compel Further Responses 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...mplaint (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 preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...
2020.12.01 Motion to Quash Writ of Execution 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...
2020.12.01 Motion to Compel Further Responses 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...
2020.12.01 Motion for Change of Venue 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...
2020.11.17 Motion for Leave to File SAC 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...
2020.11.17 Motion for Leave to File Amended Complaint 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ol business property located in Templeton. 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 fi...
2020.11.17 Motion for Attorney Fees 154
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...
2020.11.17 Motion for Summary Judgment 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r about June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alle...
2020.11.17 Motion to Compel Arbitration 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...
2020.11.17 Motion to Compel Further Responses 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...
2020.11.17 Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...plaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi's ve...
2020.11.10 Motion to Compel Arbitration 145
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...tay the proceedings. Plaintiff opposes the motion. Kiessig and PRVR filed a joinder in Plaintiff's opposition. Prior to bringing this motion, the parties met and conferred. Plaintiff's complaint for damages alleges that she tripped and fell at a property located in Paso Robles, owned and/or controlled and/or maintained by the Defendants. (Complaint (“Compl.”), ¶ 14.) Plaintiff alleges that Defendants and their employees, in owning, maintaini...
2020.11.10 Motion for Sanctions, for Vexatious Litigant Determination 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...rchase of real property 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. Plaintiff had originally named Defendants in a complaint filed in another matter on May 2, 2016 (Powers v. Emerson, Case No. 16CVP‐0115). That complaint also named Denise and Phil Emerson (the �...
2020.11.10 Demurrer 250
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.10
Excerpt: ...il 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 personal residence, and arises out of Plaintiff seeking a loan modification related t...
2020.11.03 Motion for Change of Venue 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.03
Excerpt: ...enski, purchased a total of 98 shares in a company called Seashore West, Inc. from Plaintiffs for $1,000,000. Plaintiffs allege they financed 100% of the purchase price, evidenced by a Promissory Note dated July 1, 2017 in the amount of $1,000,000. (Compl., Ex. A.) Pursuant to the Promissory Note, both Defendant and Sean1 were jointly and severally liable for its repayment. The Promissory Note called for monthly payments of $14,133.91 until July ...
2020.10.27 Motion to Vacate Dismissal and Enforce Settlement 258
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ... out to its insured in connection with the accident. Palacios was personally served on October 28, 2016, and Cruz was personally served on November 2, 2016. Neither filed a response to the complaint. On the date the complaint was filed, the Court issued its Notice of Assignment and Case Management Conference, which set a case management conference for January 23, 2017. Plaintiff's counsel failed to appear at that hearing, and the Court issued an ...
2020.10.27 Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...is allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. The defendants responded by filing a demurrer and motion to strike. The Court (a) overruled the demurrer to Claims I and II (related to the preference diet), (b) sustained th...
2020.10.27 Motion to Enforce Settlement 255
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ... Obispo County. The first on Kiler Canyon Road in Paso Robles and the second on Vine Street in Paso Robles. Plaintiffs filed a first amended complaint on March 14, 2018, which Defendants answered in September 2018. At a settlement conference held on February 21, 2020, the parties reported the matter as settled, stated the settlement on the record, and requested that the Court retain jurisdiction pursuant to Code of Civil Procedure section 664.6 (...
2020.10.27 Motion to Compel Further Responses 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...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 preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs' motion to compel further written responses to...
2020.10.27 Motion for Summary Judgment, Adjudication 074
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...denial of Plaintiff's claim insurance claim for losses sustained in a burglary. Defendant now moves for summary judgment as to the complaint or, in the alternative, summary adjudication of 1) Plaintiff's first cause of action for breach of contract; 2) Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing, and 3) Plaintiff's prayer for punitive damages. Plaintiff opposes the motion. Plaintiff owns a ...
2020.10.27 Motion for Determination of Good Faith Settlement 012
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.27
Excerpt: ...(“Urman”) now moves for a determination of good faith settlement between herself and Plaintiff pursuant to Code of Civil Procedure section 877.6(a). In addition to a determination that the settlement between Urman and Patterson has been made in good faith, Urman request an order that the following pleadings be dismissed with prejudice: 1. The First Amended Complaint filed on behalf of Plaintiff as against Urman, on or about June 26, 2019; 2. ...
2020.10.20 Petition to Compel Arbitration 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...eements in August 2019. The contracts were executed in Paso Robles, California, but performance was to occur both in Paso Robles and Shelby, Michigan. (Pecharich Decl., ¶¶ 3 ‐6, Ex. 1.) Paragraph 11(B) of the two consulting agreements provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agree...
2020.10.20 Motion to Quash Deposition Subpoena 015
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...s caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 and to quash a subpoena for production of business records served on North Coast Engineering (“NCE”) (the “Subpoena”), or in the alternative, for a protective order. Pla...

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