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2020.10.20 Motion for Judgment on the Pleadings, for Preliminary Injunction 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...d the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, 2020, filed a Second Amended Complaint (“SAC”). The parties met and conferred further but were unable to come to a resolution. The County demurred to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. The County's demurrer was overr...
2020.10.20 Motion for Attorney's Fees 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.20
Excerpt: ...ng‐Beverly Act; (3) violation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. On March 26, 2020, Plaintiff accepted Defendants' Code of Civil Procedure section 998 Offer to Compromise in the amount of $159,968.94 (the 998 Offer). Plaintiff now move...
2020.10.06 Motion for Summary Adjudication 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...own 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 First Amended Complaint on July 8, 2019, and...
2020.10.06 Motion for Preliminary Approval of Class Action Settlement 024
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...pt HVAC technicians. Plaintiffs' second amended complaint (SAC) 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 Private Attorneys General Act (PAGA). This action has ...
2020.10.06 Motion for Appointment of Counsel 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.10.06
Excerpt: ...aintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran (“CSATF”). Plaintiff now brings a motion for appointment of counsel with good cause. Plaintiff has brought such a motion multiple times, and each time has been denied. Plaintiff argues that due to the COVID‐19 pandemic and tha...
2020.09.29 Motion to Quash 144
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.29
Excerpt: ...an uninsured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served v...
2020.09.29 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.29
Excerpt: ...s out of a July 17, 2017, wildfire started as a result of roadwork on the side of the road southwest of the community of Coalinga (the “Park Fire”). On November 9, 2018, another action arising out of the Park Fire was filed in Monterey County Superior Court, by Timothy J. Haley and Ethna C. McGourty as Trustees of the Haley‐McGourty Family Trust dated September 27, 1996 (the “Haley Plaintiffs”) against the County and asserting causes of...
2020.09.22 Motion for Preliminary Approval of Class Action Settlement 367
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...ses of action under the Labor Code, Business and Professions Doe sections 17200, et seq., and the Private Attorneys General Act (Labor Code sections 2698, et seq.). The parties mediated this action and subsequently Plaintiff's counsel, David Spurr, and Defendants' counsel executed a Memorandum of Understanding resulting from a mediator's proposal. (Perry Decl., ¶ 4; Exh. A.) Plaintiff and Defendants thereafter executed a Class Action Settlement ...
2020.09.22 Motion for Leave to File Amended Complaint 309
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...ureds' property in Creston, California, which caused a fire and damage to Plaintiff's insureds' property. The insureds submitted an insurance claim to Plaintiff for that damage, and upon payment, Plaintiff became subrogated to its insureds' rights to pursue the responsible parties for causing the loss, up to the amount paid. Plaintiff now moves pursuant to Code of Civil Procedure sections 473(a) and 576 for leave to file a First Amended Complaint...
2020.09.22 Motion for Discovery Sanctions 378
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.22
Excerpt: ...t granted Plaintiff's motion to compel Defendant to produce documents and things, including production of the jewelry at issue. The Court ordered Defendant to produce documents and things and pay sanctions to Plaintiff's counsel on or before March 7, 2020. Defendant apparently failed to comply with the March 7, 2020 deadline. Now before the Court is a motion from Plaintiff stylized as a “motion for discovery sanctions including entry of default...
2020.09.15 Motion to Vacate Dismissal and Enter Judgment 479
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.15
Excerpt: ...al and enter judgment against Defendant pursuant to the terms of a written stipulation of the parties (the “Stipulation”). (Exh. 1 to Imboden Decl.) Plaintiff moves on the grounds that Defendant failed to complete the payment arrangement contained in the parties' written Agreement and thus Plaintiff is entitled to entry of judgment. The motion was served on Defendant and no opposition was filed. Pursuant to the terms of the Stipulation and th...
2020.09.08 Motion for Summary Judgment 293
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...nty YMCA as defendants. PCC now moves for summary judgment, or in the alternative, summary adjudication, pursuant to Code of Civil Procedure section 437c. PCC moves on the grounds that Plaintiff has failed to present any competent evidence creating a triable issue of material fact that Plaintiff's claims against PCC have any merit. Plaintiff's action arises out of a February 11, 2017, fall by Plaintiff when she attempted to walk up fixed bleacher...
2020.09.08 Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...ction for motor vehicle and general negligence. Plaintiffs' complaint alleges that, on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavine's Harley Davidson motorcycle when it collided with Mr. Terrizzi's vehicle. Plaintiffs allege the accident occurred while Mr. Pavine was traveling east on State Route 46 west of Arbor Road at an approximate speed of 65 miles per hour. Among other damages, Plaintiffs se...
2020.09.08 Motion to Bifurcate 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...hich Defendant has admittedly not paid for. A jury trial is set for February 23, 2021. Now before the Court is Plaintiff's motion to bifurcate. Analysis. A motion to sever (or bifurcate1 ) asks the court to order separate trials of issues, causes of action, or parties joined in a single action in order to avoid prejudice, promote convenience, and/or permit greater expedience and economy. (Code Civ. Proc., §§ 1048(b), 598.) Here, Plaintiff reque...
2020.09.08 Motion to Enforce Settlement 169
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.08
Excerpt: ...tion 664.6 (“Section 664.6”). The Court denies the motion. According to Plaintiff, the parties “entered into a Stipulation for Judgment, the original of which was filed with the Court.” (Karayan Decl., ¶ 3.) The Court has reviewed its records and found no such document. Nor has Plaintiff submitted a file‐stamped copy of any such document in support its motion. Section 664.6 provides: If parties to pending litigation stipulate, in a wri...
2020.09.01 Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...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. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plain...
2020.09.01 Motion to Set Trial, for Sanctions 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ... and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell used her property in such a way that untreated sewage from an unpermitted septic tank has flowed from the Powell Property to Plaintiff's Property. Plaintiff also alleged that...
2020.09.01 Motion to Enforce Settlement 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...her share of the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, 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 th...
2020.09.01 Motion to Compel Further Responses 012
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...pany of Los Angeles, LLC and EAN Holdings, LLC (collectively “Defendants”) now move for an order compelling Plaintiff to provide further responses to Defendant's Form Interrogatories, Set One, Nos. 2.3, 4.1, 4.2, 17.1 (the “Interrogatories”) and Defendants' Requests for Admissions, Set Two, Nos. 1‐4 (the “RFAs”). Defendants further move for imposition of monetary sanctions against Plaintiff in the amount of $22,220. (Dorenbaum Decl....
2020.09.01 Motion for Protective Order 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.09.01
Excerpt: ...of Labor 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 Anthony; 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 wr...
2020.08.25 Motion for Change of Venue 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...ively, “Respondents”). Since that time, the matter has been continued by stipulation of the parties as they engaged in settlement discussions. On April 20, 2020, Petitioner 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 t...
2020.08.25 Demurrer, Special Motion to Strike 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ... September 13, 2019, Plaintiff names 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 Lopez; Santa Barbara County Counsel Maria Novatt; Judge Jean Dandona; Public Defender Daniel Murphy; Loss and Prevention for the County of Santa Barbara Samantha Francis; Foster Agency Blanca Diaz; and Santa Barbara Coun...
2020.08.25 Demurrer 047
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...me causes of action. The FAC alleges that in 2011, Caltrans realigned and expanded existing Highway 46 causing the Wicks' home to vibrate, thereby interfering with their use and enjoyment of the property and causing physical damage to the structure of their home (e.g., cracks in the walls and ceiling). Currently before the Court is Caltrans' demurrer to the second and third causes of action. For the reasons set forth below, the Court overrules th...
2020.08.25 Motion to Compel Neuropsychological Exam 293
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...Obispo County YMCA as defendants. First Assembly of God of Arroyo Grande (“Defendant”) now moves to compel Plaintiff to submit to a neuropsychological examination. The parties have extensively met and conferred, Plaintiff agrees to submit to an examination, and the parties generally agree on the terms of the examination. The examination is to be conducted by George K. Henry, Ph.D. (“Dr. Henry”), in order to ascertain the nature and extent...
2020.08.25 Motion to Strike 099
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...urance agreement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery,...
2020.08.25 OSC Re Contempt, Motion to Quash 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.25
Excerpt: ...ring on the permanent injunction on August 10, 2017, and both the County and Defendant appeared. Defendant was sworn in and testified at the hearing. Thereafter on August 31, 2017, this Court entered a Final Judgment and Permanent Injunction against Defendant (the “Order”). The Court retained jurisdiction to enforce the injunction. Currently before the Court are an Order to Show Cause (“OSC”) re: Contempt, which was set upon the ex parte ...
2020.08.18 Motion to Strike 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.18
Excerpt: ...Cities performed by Dr. Chalekson, which included implanting a mesh to prevent hernias. (FAC, ¶ 14.) The FAC alleges that the mesh used (i.e., Ventralight) by Dr. Chalekson during her procedure has been shown to be unreliable and the subject of numerous recalls. (FAC, ¶¶ 19‐20.) The FAC further alleges that after becoming very sick, Plaintiff went to the emergency room in April 2016, where a CT scan was performed showing she had a hernia and...
2020.08.11 Motion to Quash Deposition Subpoena for Production of Records 075
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.11
Excerpt: ...three parcels of real property that were distributed to Timothy Franklin and Kenneth Franklin from their parents' trust following the death of their mother and a contract agreeing to perform a lot line adjustment and create an access road easement to the parcels. Plaintiffs now move this Court for an order quashing four third‐party Deposition Subpoenas for Production of Business Records (“Subpoena” or collectively, the “Subpoenas”) serv...
2020.08.11 Motion for Post-Judgment Attorneys' Fees 400
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.11
Excerpt: ...s for an award of post‐judgment attorneys' fees and costs in the amount of $6,240.50 incurred in enforcement of the judgment pursuant to Code of Civil Procedure section 685.040. Code of Civil Procedure section 685.040 provides that: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwi...
2020.08.04 Motion to Enforce Settlement Agreement 115
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ... Defendant formally dissolved as a corporate entity and was thereafter defended and indemnified in this action by Surry Six Holdings, LLC (hereinafter, “SSH”). SSH was added as a Doe defendant in this action on June 17, 2020. The parties settled the action. Currently before the Court is Plaintiff's motion for an order to enforce the settlement agreement and extend the dismissal date and for attorney's fees and costs. The Settlement Agreement ...
2020.08.04 Demurrer 099
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ...reement (against Unigard), (2) breach of the implied covenant of good faith and fair dealing – bad faith (against Unigard), (3) intentional infliction of emotional distress (against Unigard); and (4) negligence (against Relation). Plaintiffs' lawsuit centers around an “insurance agreement” they allegedly had with Unigard, which insurance covered any breakdown and repair or preplacement of Plaintiffs' winery equipment and machinery, and any ...
2020.08.04 Demurrer 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.08.04
Excerpt: ...nferred further but were unable to come to a resolution. The County now demurs to Plaintiff's SAC pursuant to Code of Civil Procedure section 430.10(e) on the grounds that the SAC fails to state facts sufficient to constitute a valid cause of action. Plaintiff opposes the demurrer. Plaintiffs' action arises out of a dispute she had, and is having, with her neighbors. Plaintiff sets forth extensive facts concerning this dispute. At the heart of he...
2020.07.21 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.21
Excerpt: ...��) to Plaintiff's known vendors, and then proceeded to deposit these checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 Plaintiff seeks damages covering a three‐year period from September 2016 through June 2019. In response to the Court's ruling on a prior demurrer, Plaintiff filed a first amended complaint (“FAC”) on February 18, 2020. The FAC sets forth the f...
2020.07.14 Motion to Amend Judgment 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...t of Barton County, Kansas, Case No. 2015‐CV‐000055. The original Kansas judgment was entered against Schaefers, Valentin Alexandrov (“Val”)1 and Jacob Gitman. 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 denied the p...
2020.07.14 Demurrer, Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...ort which was created during an investigation into his 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. Defendants responded by filing the demurrer and motion to strike currently on calendar. The demurrer argues that Claim I a...
2020.07.07 Demurrer, Motion to Strike, to File Records Under Seal 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...nation in violation of public policy; (5) retaliation in violation of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. Plaintiffs' complaint alleges that, in 2007, they purchased Lindamar Industries, Inc., a company in the business of manufacturing custom plastic bags. (Compl., ¶ 7.) Plaintiffs allege that in 2016, Premier Packaging Group acquired Lindamar, and continued to...
2020.07.07 Motion for Summary Judgment 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...fendants' motion for summary judgment. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Cal.App.3d 600, 604‐605.) The moving party has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to a judgment as a m...
2020.07.07 Petition to Compel Arbitration 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...ut performance was to occur both in Paso Robles and Shelby, Michigan. Paragraph 11(B) of both contracts 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 Agreement shall be governed by and construed and interpreted in accordance with the laws of California. The arbitration shall be held in Cal...
2020.06.30 Motion to Set Aside Default Judgment 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...
2020.06.30 Motion to Quash 144
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...insured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served via su...
2020.06.30 Motion for Attorneys' Fees 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...
2020.06.23 Demurrer 247
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.23
Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...
2020.06.09 Motion to Compel 191
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.09
Excerpt: ...Interrogatories (Set One) and Special Interrogatories (Set One) (collectively the “Discovery”) on Sims, through her attorney of record. Sims responded on January 7, 2020, objecting to all of the Discovery requests as untimely under Family Code §218 and Code of Civil Procedure §2024.020 because trial on the post‐judgment1 pleadings before the Court was set for January 7, 2020. On January 24, 2020, Porter's counsel sent a letter to meet and...
2020.06.09 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.09
Excerpt: ...his action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that with respect to each...
2020.03.17 Motion to Compel Further Responses, Request for Sanctions 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.17
Excerpt: ...13. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The parties attended mediation on May 9, 2019, but no settlement was reached. On May 30, 2019, Ford accepted Plaintiff's section 998 offer. Plaintiff states th...
2020.03.17 Discovery Motions 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.17
Excerpt: ...al infliction of emotional distress, quiet title, reconveyance, violations of the California Homeowner Bill of Rights, violations of Business and Professions Code section 17200 and declaratory relief, against Ditech, Affinia Default Services, and by way of Roe amendment, Federal National Mortgage Association (“Fannie Mae”). Motions to Compel Further Responses from Fannie Mae On August 9, 2019, McTeer served Fannie Mae with her first set of re...
2020.03.10 Motion to Allow Late Filing of Claim 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ...ition to damages caused by the fire, Plaintiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. Plaintiff filed a first amended complaint (“FAC”) on August 26, 2019, which set forth seven causes of action. Both Cal‐Fire and the County filed demurrers to...
2020.03.10 Motion for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ...ff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. 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 negligence, overruled the demurrer with respect to the second and thir...
2020.03.10 Demurrer, Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...
2020.03.03 Motion to Withdraw Admissions 026
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
Excerpt: ...d and wife. Plaintiff alleges CWS became delinquent on its account with Plaintiff and owes an outstanding balance of $43,502.91. On March 21, 2018, Mr. D'Amico, represented by counsel, filed an answer to the complaint. (D'Amico Decl., ¶ 3.) On June 5, 2018, Mr. D'Amico's former counsel withdrew from representation and Mr. D'Amico was in pro per. (Id. at ¶ 4.) Mr. D'Amico remained in pro per until December 27, 2019 when new counsel substituted i...

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