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2020.03.03 Demurrer, Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
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 Demurrer 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
Excerpt: ...rvices and goods rendered, (3) unjust enrichment, and (4) promissory estoppel. Plaintiff's complaint alleges that a patient identified as C.R. had a total hip replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its...
2020.02.25 Motion to Strike 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.25
Excerpt: ...le accident that occurred on May 30, 2018 on Nacimiento Lake Drive, south of Steelhead Road. (Compl., ¶ 11.) Plaintiff alleges that Ms. Venardos drove Mr. Ortiz's GMC Sierra truck at approximately 55 mph. (Compl., ¶ 12.) Plaintiff alleges Ms. Venardos negligently and recklessly failed to navigate a corner, lost control fo the vehicle, and struck Plaintiff head‐on, causing Plaintiff's vehicle to sustain major damages. (Compl., ¶ 13.) Plaintif...
2020.02.25 Motion for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.25
Excerpt: ...ntiff 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 t...
2020.02.04 Motion to Compel Further Responses 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...endant”). Defendant served responses on September 5, 2019. On October 2, 2019, Plaintiff's counsel sent a meet and confer letter to Defendant's counsel regarding Defendant's responses to the discovery. On October 15, 2019, Defendant served supplemental responses; verifications were received by Plaintiff on October 22, 2019. Plaintiff sent another meet and confer letter on November 13, 2019, regarding the supplemental responses to the Form Inter...
2020.02.04 Motion to Compel Compliance 296
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...nty Act (Civ. Code, § 1790 et seq.; the “Act”). 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. Plaintiff states that at the tim...
2020.02.04 Demurrers, Motions to Strike 276
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...n the lid on the cup she was given at the drive‐through window was not properly secured. The FAC further alleges that after the initial spill occurred, the “extremely hot coffee caused the Plaintiff to flinch, and then the entire cup of coffee spilled on her.” The FAC identifies St. Jude Enterprises, Inc. as the franchisee who owned and operated the restaurant, and the other two defendants as the parent companies (collectively, the “McDon...
2020.01.28 Motion to Strike 230
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...ons Code section 7031, (7) warranty of fitness, and (8) declaratory relief. Plaintiffs' lawsuit concerns a residential and commercial vineyard property in Paso Robles. (FAC, ¶ 18.) Plaintiffs allege they entered into a contract with Woodard wherein Woodard agreed to supply, install, and oversee the installation of ten exterior doors and 25 windows at the property. (FAC, ¶¶ 19, 20.) Plaintiffs allege the doors and windows were negligently and c...
2020.01.28 Motion for Good Faith Settlement 084
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...sulting in entry of her default on July 10, 2019. On October 23, 2019, Plaintiff and BBC reported that they had reached a conditional settlement. Under the settlement, BBC will pay $4,000 to Plaintiff in exchange for a full release and dismissal of all claims. BBC now seeks a court determination that the settlement was reached in good faith. The motion is unopposed. BBC contends that a non‐settling party has twenty‐five days to contest the mo...
2020.01.28 Demurrer, Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...graph 10 of the complaint alleges (1) general negligence; (2) an intentional tort; (3) violation of licensing laws; and (4) violations of the Public Records Act (Gov. Code, § 6250 et seq.; the “PRA”). It appears that the first three causes of action are alleged against Beraud and the fourth cause of action against Austin. (Cmp., ¶ 2.) The complaint alleges that Beraud, the responsible dietician, met with Plaintiff on October 12, 2018, follo...
2020.01.28 Demurrer 303
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...nd (4) misappropriation of trade secrets. Plaintiff is a pest control business, and Mr. Hatfield is a former employee of Plaintiff. (FAC, ¶¶ 9, 10.) Plaintiff alleges Mr. Hatfield was terminated from employment on or about September 4, 2019. (FAC, ¶ 11.) Plaintiff alleges all three Defendants then “undertook an aggressive campaign to disrupt and interfere with Plaintiff's contractual relationships with its customers throughout San Luis Obisp...
2020.01.14 Demurrer 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ...replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its insured (i.e., C.R.) directly to Plaintiff. (Compl., Ex. A.) Plaintiff alleges that C.R. executed the Assignment prior to receiving any medical services or pr...
2020.01.14 Motion for Reconsideration of Demurrer 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ... by a car fire which spread to Plaintiff's property on June 27, 2017. Plaintiff also alleges damages arising from the County's subsequent code enforcement when, after the fire, Plaintiff moved to a lot which he owns in Cambria, California. On November 5, 2019, the Court sustained Cal‐Fire's demurrer without leave to amend on the ground that Plaintiff failed to comply with the Government Claims Act. Cal‐Fire mailed out a Notice of Ruling two d...
2020.01.14 Motion for Leave to File Amended Complaint 150
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ... on December 18, 2015, which sets forth causes of action against Defendants for breach of restrictive covenant and/or equitable servitude and declaratory relief.1 Plaintiffs also seek injunctive relief. The dispute concerns the construction of Defendants' home within the development known as Stoneridge II. Specifically, Plaintiffs allege the height of Defendants' home violates the Design Guidelines adopted for the development. On February 4, 2016...
2020.01.14 Motion to Set Aside Default 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ...pril 26, 2019, Plaintiff filed proofs of substituted service of the summons and complaint, one for each Defendant, indicating the documents and a Notice of Assignment and Case Management Conference were left at “500 Linn Rd., Paso Robles, CA 93446.” The proofs of service indicate that the documents were also mailed to this address on April 15, 2019. On June 3, 2019, defaults were entered against both Defendants. Mr. Sharp alleges he travels 3...
2020.01.07 Motion to Compel Production of Records 050
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...Further Responses to Request for Production of Documents, Set One, against Plaintiff, and a Motion to Compel Production of Records from City of Paso Robles pursuant to Evidence Code section 1043, against the City of Paso Robles (the “City”.) The Motion to Compel Further Responses to Request for Production of Documents is no longer at issue. Plaintiff filed a notice of non‐opposition, stating that he has complied with Defendants' request to ...
2020.01.07 Motion to Compel 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ..., and (6) restitution. Now before the Court is Defendant's motion for discovery orders “compelling responses to form interrogatories without objection,” “deeming admitted the facts requested admitted in Defendant's requests for admissions of fact and genuineness of documents,” and “for a terminating sanction and/or financial sanctions against Plaintiff and/or Plaintiff's counsel...in an amount of $4,169.35.” Defendant filed the instan...
2020.01.07 Motion for Preliminary Injunction 318
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...t to enter Heritage Ranch and injunctive relief barring Willis from further trespass. Willis' default was entered on December 3, 2019. Currently on calendar, is Plaintiff's request for a preliminary injunction. There is no proof of service showing the motion was served on Willis. However, as a party in default, he is not entitled to service of notice or other papers, except for amendments to pleadings and amended pleadings. (Code Civ. Proc., § 1...
2020.01.07 Demurrer, Motion to Strike 336
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...roup, Inc. (Paramount); Natural Healing Center, LLC (NHC); DMM Capital Group, LLC (DMM Capital); Prime Capital Venture, LLC (Prime); Action Investment Group, Inc. (Action), David Separzadeh1 , and Coker Ellsworth Development, LLC (Ellsworth), and alleges causes of action for: (1) anticipatory breach of contract; (2) breach of contract (implied covenant of quiet enjoyment); (3) breach of contract (implied covenant of quiet enjoyment); (4) breach o...
2020.01.07 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...ded to deposit the checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 The complaint alleges damages of $897,419.69 for checks covering a three‐year period ranging from September 2016 through June 2019. (Cmp., ¶ 13, Exs. 1‐3.) The complaint asserts two causes of action against Chase (1) violation of various Commercial Code sections and (2) money had and received. ...
2019.9.24 Motion for Summary Judgment, Adjudication 053
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.24
Excerpt: ... summary judgment, or in the alternative summary adjudication. Behjati opposes the motion. As the moving party, Wells Fargo 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Wells Fargo makes its prima facie showing, then the burden shifts to Beh...
2019.9.24 Motion for Summary Adjudication 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.24
Excerpt: ...rust; 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; 2130 Morro Bay, LLC; and Belsher Law, PC. The FAC asserts causes of action for (1) breach of promissory note; (2) breach of personal guaranty; (3) fraudulent conveyance; (4) conversion; (5) declaratory relief – Las Tablas Villas; (6) violation of Corporations Code section 177404‐10 ...
2019.9.24 Motion for Attorneys' Fees 609
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.24
Excerpt: ...wam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $3,983.86. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice (“RJN”) is granted; the Court shall take judicial notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that the Judgment, the contra...
2019.9.24 Application for Right to Attach Order and Writ of Attachment 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.24
Excerpt: ...2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. A year and a half later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). The dispute concerns Hansen's lease of commercial restaurant spa...
2019.9.17 Application for Writ of Possession 193
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.17
Excerpt: ...ontract” (the “Contract”), under which Plaintiff retained ownership of Winslow, as well as breeding rights until Winslow was six years old. 1 At that time, Plaintiff was to transfer full ownership to Defendant. 2 The Contract, and a subsequent March 2019 amendment, 3 set forth conditions for Winslow's care and required that Defendant return Winslow if any of the conditions could not be met. The Contract also gave Plaintiff the right to resc...
2019.9.17 Motion to Disqualify Counsel, for Protective Order, to Compel Exam and Provide Medical History, for Sanctions 140
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.17
Excerpt: ...Kemp (“Defendant”), California Department of Transportation dba CalTrans and the State of California, arising out of an automobile collision occurring on US Highway 101 northbound near SR‐41 in the City of Atascadero. Plaintiffs' First Amended Complaint for Damages (“FAC”) alleges one cause of action for negligence against Kemp. Defendant has now brought two motions: 1) Defendant's Motion for Protective Order/Motion to Compel Plaintiff ...
2019.9.11 Motion to Bifurcate Trial 345
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.11
Excerpt: ...ed litigation against Centex under a separate case number (16CVP‐0337). The two matters were subsequently consolidated. The homes at issue are part of the Cottages at Dove Creek and Collection at Dove Creek projects in Atascadero, California. Trial is set to begin on October 21, 2019. Centex seeks an order bifurcating the trial into two phases: (1) the construction defect claims, including all of Plaintiffs' claims and Centex's claims for indem...
2019.9.11 Demurrer 200
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.11
Excerpt: ...red by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Procedural Background Defendant submitted a Request for Judicial Notice with 25 exhibits in support of its demurrer. A demu...
2019.9.11 Motion to Compel Substantive Responses 124
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.9.11
Excerpt: ... are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5 (“Section 122354.5”). On April 5, 2019, Plaintiffs propounded a first set of requests for production (“RFPs”) and Special Interrogatories on the Bark Defendants. The Special Interrogatories included only one interrogatory asking the responding parties to “[i]dentify each and every officer, director, founder, employee, ...
2019.8.27 Motion to Compel Further Responses 133
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.27
Excerpt: ...s was also survived by his wife, another daughter, and his step‐son. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special...
2019.8.20 Demurrer 118
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...
2019.8.20 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...
2019.8.20 Motion for Relief from Provisions of Government Code 945.4 186
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...
2019.8.6 Demurrer 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.6
Excerpt: ...; (3) intentional infliction of emotional distress; and (4) violation of constitutional rights.1 The County demurs to the entire complaint on the ground that Plaintiff failed to comply with the Government Claim Act (Gov. Code, § 900 et seq.). In addition, the County demurs to the first, second, and third causes of action on the ground it has immunity under Government Code section 850.4. 1. The Government Claim Act “In general, no suit for mone...
2019.8.6 Demurrer 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.6
Excerpt: ...igence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant on all six causes of action. His parents, the Toms, are named on the first and sixth causes of action. The Toms demur to both of those causes of action on the grounds that they (1) fail to state facts sufficient to constitute a cause of action; and (2) are barred by the relevant statu...
2019.8.6 Motion for Summary Judgment 177
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.6
Excerpt: ...of service on file showing the motion was served on Defendant. Provided the notice issue is resolved, the Court intends to rule as follows: As the moving party, Discover Bank 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 judgment as a matter of law. (Code Civ. Proc., §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) If Discover Bank makes i...
2019.7.30 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...
2019.7.30 Motion for New Trial 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...
2019.7.23 Motion for Summary Judgment 029
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ..., John Llerenas, attended an event at the Vineyard called the Midsummer Night's Dinner. (UMF No. 10.) At the event, guests were invited to participate in the stomping of the grapes. (Hooks Depo., 127:5‐7.) Participation in the grape‐stomping activity was entirely voluntary. (UMF No. 6.) Plaintiff wanted to participate in the grape‐stomping activity for the experience, because she was curious and thought it would be fun. (UMF No. 13.) Hooks ...
2019.7.23 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ...lation 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. The complaint alleges that FCA concealed a known defect; specifically, the vehicle's “electrical architecture and/or its central gateway module, known as the [Body Control Module],” and the �...
2019.7.16 Motion for Terminating Sanctions 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...
2019.7.16 Motion for Arbitration Hearing Date 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...ims 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. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...
2019.7.16 Motion for Leave to File Amended Complaint 337
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...
2019.7.16 Motion for Leave to File Amended Complaint, to Continue Trial 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) 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 acc...
2019.7.9 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...
2019.7.9 Motion to Strike Answer and Complaint 400
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...
2019.7.2 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ... cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 The action arises from Landin's two admissions to Twin Cities, from October 1st to 7th, 2016, and October 20th to 21st, 2016. Dr. Blaney brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Blaney to summary judgment ...
2019.7.2 Motion to Compel Release of Files 173
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ...ibald's vehicle collided with her bicycle, causing her injuries. Defendants demurred to the FAC on the grounds that Plaintiff has not and cannot allege that she fulfilled the mandatory filing requirements of the Government Claims Act (Gov. Code, § 900 et seq.) The Court sustained the demurrer without leave to amend. Plaintiff now moves to compel her former counsel, the Law Offices of Jonathan Kashani (“Kashani”), to turn over her entire orig...
2019.6.4 Motion to Compel Responses, Request for Monetary Sanctions 690
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.4
Excerpt: ...errogatories, Set One, Special Interrogatories, Set One (including 61 special interrogatories plus a declaration pursuant to Code of Civil Procedure section 2030.040), and Request for Production, Set One (including 29 requests for production) (collectively the “Discovery”) on Plaintiff by mail. On February 19, 2019, when no responses were received, counsel for Defendants sent a meet and confer letter to Plaintiff requesting responses without ...
2019.6.4 Motion for Summary Judgment, Adjudication, to Compel Responses 258
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.4
Excerpt: ...“Restaurants”). In August 2015, Clouston, in his capacity as managing member of the LLC, executed three contracts to sell the Restaurants and requested that Chicago Title Company (“CTC”) serve as the escrow holder for the purchase. CTC opened three escrows for the sale of the Restaurants on August 6, 2015. The estimated closing date was October 5, 2015. (UMF Nos. 1‐6.) On September 15, 2015, CTC informed the parties to the escrows that ...

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