Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

404 Results

Clear Search Parameters x
Location: San Luis Obispo x
Judge: Hurst, Linda x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 241)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 390)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,50
Array
(
)
2019.12.24 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...osit these checks into her personal accounts held at JP Morgan Chase Bank (“Chase”) and Ally Bank (“Ally”). Both of whom are also named as defendants along with Sierra and Wilde. 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 Sierra (1) violation of various Commercial Code sec...
2019.12.10 Motion to Compel Further Responses 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.10
Excerpt: ...f 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 the Property....
2019.12.10 Demurrer 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.10
Excerpt: ...tinuing nuisance, (2) declaratory relief, 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 has used her property in such a way that untreated sewage has flowed from it to Plaintiff's Property. Plaintiff also alleges that the...
2019.11.26 Petition to Confirm Arbitration Award 619
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...horized the $6,500 payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requ...
2019.11.26 Motion to Set Aside Default Judgment 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...il conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove‐up hearing, a default judgment was entered against ZLG on July 15, 2019. ZLG now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473(b) and 473.5. Although not set forth in the caption for their motion, ZLG further argues the judgment should be set aside under section 473(d), as a v...
2019.11.26 Motion to Compel Mediation 193
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...r for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation. Plaintiff argues in opposition that no legal authority supports this petition, and that none of the statutes or rules cited by Defendant authorize the Court to grant Defendant the relief she seeks. Plaintiff further argues that mediation would be futile. The statutes and rules cited by Defendant's motion, Code of Civil Procedure sectio...
2019.11.26 Demurrer 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ... Defendants). Plaintiffs' complaint alleges causes of action1 for (1) intentional interference with contractual relations (by Mr. Letters, Letters, Inc., and WCG), (2) intentional interference with prospective economic advantage, (3) violation of California Business and Professions Code (B&PC) section 17045, and (4) declaratory relief. Plaintiffs allege they are each separate, independent retail services stations with fuel dispensaries who entere...
2019.11.19 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.19
Excerpt: ...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 contract, Eagle improperl...
2019.11.12 Petition to Appoint Arbitrator 288
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.12
Excerpt: ...ter two small claim actions filed against Goodan were filed on August 2, 2019. Each of these matters is on calendar today for a case management conference. On September 3, 2019, Bella, the Ellises, Goodan, Grief, and the Harmony Ranch Association (the “HRA”) filed this action against the Pelfreys (19CVP‐0288). The dispute arises out of a shared road (easement), known as Harmony Ranch Road, which services six parcels of property. The Pelfrey...
2019.11.5 Petition to Confirm Arbitration Award 619
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.5
Excerpt: ... payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requests costs of suit...
2019.11.5 Demurrer 245
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.5
Excerpt: ...ed by the San Luis Obispo County Department of Planning and Building (the County) to Petitioner, alleging she was engaging in “unlawful cannabis activity” on the Property in violation of the County Code. (Pet., p. 2, ll. 17‐23.) To abate the nuisance, Petitioner alleges she was ordered to destroy all cannabis plants on the Property. (Pet., p. 2, l. 28.) Petitioner alleges that a hearing on the Notice was held June 8, 2018, during which time...
2019.10.29 Motion for Confirmation of Good Faith Settlement 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...
2019.10.29 Motion to Proceed to Trial 299
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...At the MSC, the matter settled as to Giordano only. The Court approved the terms of the settlement as cited into the record, ordered the parties to comply with the executory provisions thereof, and ordered the agreed disposition enforceable by motion pursuant to Code of Civil Procedure section 664.6. Giordano agreed to have an automatic deduction from his bank account sent directly into the Plaintiffs' account. (Exh. A, 4:2‐5.) Plaintiffs' coun...
2019.10.29 Motion to Transfer Venue 221
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...rocedure sections 395 and 397, to transfer venue on the grounds that venue in San Luis Obispo County is improper, as Defendant is a resident of Santa Clara County. Plaintiff opposes the motion. Defendant sent correspondence to Plaintiff prior to filing her motion, seeking to have Plaintiff transfer venue. Plaintiff refused. Code of Civil Procedure section 395(a) provides that: [I]f a defendant has contracted to perform an obligation in a particul...
2019.10.29 Motion to Intervene 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals issued a 31 page opinion affirming the trial court's fra...
2019.10.1 Motion to Compel Responses to Discovery 567
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.1
Excerpt: ...il (Set One) (the “Interrogatories”), and Request for Production of Documents (Set One) (the “RFPs”). The RFPs contained six requests for production. (Arakawa Decls., Exhs. 1.) On April 17, 2019, Plaintiff mailed a letter to Defendant asking for responses and attempting to meet and confer. (Arakawa Decls., Exhs. 2.) No response to the letter was received, and no responses to the Interrogatories or the RFPs were received. (Arakawa Decls., ...
2019.10.1 Motion for Judgment on the Pleadings 005
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.1
Excerpt: ...fenses. Now, before the Court is Plaintiff's motion for judgment on the pleadings1 . A plaintiff may move for judgment on the pleadings on the ground that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438(c).) Here, Plaintiff's motion is based on Defendant's answer, wherein she admits al...
2019.1.28 Motion to Vacate Judgment 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.1.28
Excerpt: ...persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in the cross‐complaint, and ROES 1 to 20, inclusive, Cross‐Defendants. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Vacate the Judgment under CCP §473 Plaintiff/Cross‐Defendant Timothy Mattson (“Mattson”) filed this action against Defendants/Cross‐Complainants Chelsey Baker and Jer...
2019.1.28 Motion for Summary Judgment, to Compel Compliance, to Amend 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.1.28
Excerpt: ... The Complaint alleges causes of action for financial elder abuse, unjust enrichment/restitution, fraud and declaratory relief with regard to financial and other issues related to real property located at 16555 Morro Road in Atascadero, California (“Property”). On October 10, 2017, the Bakers filed a Cross‐Complaint for Partition of Real Property against Mattson, Linda Riley (“Riley”), and various entity defendants seeking a judgment pa...
2018.7.31 Motion for Summary Judgment, Adjudication 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...otion is nonetheless still denied. RULING Castlerock Development and K&M Holding Corporation (collectively, “Plaintiffs”) initiated this litigation on November 29, 2016, against the City of Atascadero (the “City”). A first amended complaint and petition for writ of mandate (“FAC”) was filed on January 31, 2017. The FAC challenges certain development impact fees imposed by the City in connection with Plaintiffs' development of 802 acre...
2018.7.31 Motion for Judgment on the Pleadings 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...or judgment on the pleadings. There is no opposition.1 Prior to initial hearing on this matter, the Court posted a tentative ruling (1) directing the parties to participate in a meaningful meet and confer as required by Code of Civil Procedure section 439(a); and (2) directing Capital One to submit a declaration confirming compliance with that section. At the hearing on July 17, 2018, the Court was informed that the parties had not yet met and co...
2018.7.31 Demurrer, Motion to Strike 116
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...st since 2007, and was misclassified as an exempt employee. The complaint alleges that each Defendant is the alter ego of the other. (Cmplt., ¶¶ 17‐18.) The individual Defendants Quinn and Nichols demur to the entirety of the complaint on the grounds that it does not state facts sufficient to constitute a cause of action; and also move to strike specific lines in the complaint which reference “Labor Code §§ 558, 558.1 and other.”1 Speci...
2018.7.24 Motions for Summary Judgment 336
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.24
Excerpt: ...�Defendants”). The Defendants may oppose the motions orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No opposition has been received to any of Ken's motions. However, even when unopposed, the trial court is required to determine no dispute of material fact exists and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c(c).) Ken alleges he is the owner of real property located a...
2018.7.24 Demurrer, Motion to Strike 111
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.24
Excerpt: ...ded complaint (“FAC”) alleges it operates a retail jewelry store located at 734 Main Street, Suite 1, Cambria, California 93428. (FAC, ¶ 2.) Plaintiff alleges that on January 11, 2017, Plaintiff entered into a Customer Agreement (the “Agreement”) for the purchase and installation of a security alarm system with Defendant, which system included a police monitoring alarm, monitoring plan, security camera, a three‐year alarm warranty, qua...
2018.7.24 Demurrer 334
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.24
Excerpt: ...ey Damages and Indemnification was filed on November 29, 2017 (“Complaint”). Plaintiffs' first three causes of action were pleaded against Randy only, and Plaintiffs' fourth cause of action for indemnity was pleaded against Fidelity only. Fidelity demurred to the Complaint on the grounds that the fourth cause of action for indemnity was barred on its face by the statute of limitations. This Court granted Fidelity's demurrer with leave to amen...
2018.7.17 Motion for Judgment on the Pleadings 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...
2018.7.17 Motion to Quash Service of Summons 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...
2018.7.17 Motion to Compel Further Responses, for Sanctions 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...
2018.7.10 Motion to Dismiss, to Strike PAGA Claim 369
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...rivate Attorneys General Act (“PAGA”; Lab. Code, § 2698, et seq.). Plaintiff has since dismissed all of her individual causes of action, and only the PAGA claim remains. On November 27, 2017, Sierra Vista filed a petition to compel arbitration, which this Court denied in an order dated February 28, 2018 (“Order”). Notice of Entry of the Order was entered on April 27, 2018. On June 26, 2018, Plaintiff filed a Notice of Appeal of the Order...
2018.7.10 Motion to Compel Responses 202
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...y the LLC and constructed by the Corporation. On February 27, 2018, Plaintiff served (a) special interrogatories (Set One); (b) form interrogatories (Set One); and (3) requests for production of documents (Set Two) on the LLC. That same day, Plaintiff served (a) special interrogatories (Set One); and (b) requests for production of documents (Set Two) on the Corporation. Responses were due on April 3, 2018. Plaintiff's counsel followed up with def...
2018.7.10 Motion for Leave to File Complaint 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...independent retail service stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (“Eagle”) and Linda Schultze (“Ms. Schultze”) for the exclusive supply of gasoline products for a ten‐year term. According to the second amended complaint (“SAC”), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing”...
2018.7.10 Claim of Exemption 300
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...wage garnishment. Defendant has filed a claim of exemption in which he reports a net monthly income of $3,648.82;1 and expenses of $3,595 (a difference of $53.82). The Sacramento County Sheriff's Office reports that as of May 25, 2018, it was not holding any funds. In addition to Defendant's claim of exemption, the Employer's Return states there are two other earnings withholding orders currently in effect. One of which was received on May 17, 20...
2018.7.10 Motion to Stay 054
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...h Carolina. (See also 50 U.S.C. Appen. § 522(b).)2 Under that section, upon application by the service member, the Court must stay the action, “unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.” Christopher enlisted in the United States Army Reserve on August 30, 2017, and will serve thre...
2018.6.26 Motion for Summary Judgment 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the City in connection with Plaintiffs' development of 802 acres in the City of Atascadero (the “Project”).1 The Project, known as “Oak Ridge Estates,” includes the development of 111 residential units, a water tank parcel, and three open space lots (which total 251.66 acres). In March 1995, the City adopted Ordinance No. 286 which found the final Environmental Impact Report (“EIR”) on the Project adequate and established the Planned ...
2018.6.26 Motion for Mediation Agreement to Become Judgment 045
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...ants filed a cross‐complaint against Plaintiffs, alleging causes of action for breach of contract and negligence. At a readiness conference on January 31, 2018, the Parties represented that they settled after mediation. The Parties agreed on the record that settlement would be enforceable by motion pursuant to Code of Civil Procedure, section 664.6. Plaintiffs now petition the Court for the mediation agreement to become a judgment, and request ...
2018.6.26 Motion for Charging Orders 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...nergy, LLC and BKS Cambia, LLC with payment of the unpaid balance of the judgment entered in this action, which currently totals $3,836,883.63; and (2) directing the LLCs and all members thereof to pay any money or property due or to become due to the Judgment Debtor directly to Plaintiff until the amount remaining due on the judgment, plus accrued interest and post‐judgment costs thereon is paid in full. Judgment Debtor opposes the Motion. Thi...
2018.6.26 Demurrer, Motion to Strike 168
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the Motorhome is uninhabitable due to mold and contamination. Plaintiff sought leave from this court to file a First Amended Complaint (“FAC”), which was granted, and the FAC was filed on January 30, 2018. The FAC alleged two causes of action: 1) Breach of Implied Warranties Pursuant to the Song‐ Beverly Consumer Warranty Act; and 2) Elder Abuse pursuant to Welfare & Institutions Code section 15610.30. The FAC further pleaded a statutory en...
2018.6.26 Demurrer 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...bt. (First Amended Complaint (“FAC”), ¶¶ 19, 21.) Plaintiff alleges she received written and telephonic communications from Defendant attempting to collect on the debt, which communications constituted a “debt collection” as that phrase is denied in the Act. (FAC, ¶ 22, citing Civ. Code, § 1788.2(b).) On August 18, 2017, Plaintiff advised Defendant in writing that she refused to pay the alleged debt, but Defendant has continued to con...
2018.6.19 Demurrer 206
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...e Relief and Declaratory Relief, against the City only, pursuant to the California Constitution, article 1, subsections 2 and 3, and Civil Code sections 52.1 and 52.3 (“SAC”). The SAC set forth two causes of action: for Violation of Right to Free Speech, and for Declaratory Relief. The SAC contained a separate section for “Damages on All Causes of Action” before the prayer. The City demurred to the first cause of action in the SAC. The Co...
2018.6.19 Claim of Exemption 432
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...nings withholding order with instructions on Defendant's employer, the United States Postal Service. The Sheriff's Office filed a “Return on Attachment/Execution,” indicating “No Employer's Return Received.” The Sheriff's Office further indicates that, while it previously held $773.47 under the writ of execution, the monies were “refunded to the defendant.” As of May 1, 2018, the Los Angeles County Sheriff's Office was not holding any...
2018.6.19 OSC Re Preliminary Injunction 160
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...Robert Tevis, April Tevis, “and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to Plaintiffs' claim of ownership or any cloud upon Plaintiffs' title thereto” (“Defendants”). Plaintiffs assert one cause of action to quiet title to prescriptive easement, and request a restraining order and permanent injunction. (Compl., passim.) Plaintiffs allege they, De...
2018.6.19 Motion for Terminating Sanctions 306
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...isclosed. Parkside moves here for terminating sanctions based on Plaintiffs' failure to provide compliant discovery responses and failure to obey two Court orders compelling them to do so (“Motion”).1 Galgas joins the Motion and filed his own memorandum of points and authorities. Plaintiffs filed an untimely opposition to the Motion two court days before the hearing without leave of court or consent of counsel. On January 26, 2017, Parkside p...
2018.6.19 Motion to Dismiss, to Deem Requests for Admission Admitted 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...omplaint (“FACC”) against cross‐defendants, including the California Department of Housing and Community Development (“DHCD”). In his FACC, Wilson alleges that Wilkins gifted the mobile home to him. As to DHCD, Wilson alleges causes of action for negligent interference with a contractual relationship, intentional interference with a contractual relationship, and declaratory relief. (See FACC, pp. 15‐19.) DHCD demurred to the FACC on t...
2018.6.19 Motion to Tax Costs 107
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...ports of inadequate protocols and refusal to alter records in connection with the murder of a patient by another patient. (Ibid.) On January 19, 2018, Defendant filed a motion for summary judgment, which was set for hearing April 24, 2018. On March 22, 2018, Defendant filed a motion for judgment on the pleadings, also set for hearing April 24, 2018. On April 2, 2018, Plaintiff dismissed her lawsuit without prejudice. On April 11, 2018, Defendant ...
2018.6.12 Motion to Set Aside Default, Demurrers, Motion to Strike 055
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ... Dr. Hernandez, Jamie Blair, LIC/Social Worker, John B., William B., Michael B.” (Compl., passim.) Plaintiff's form complaint alleges causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusio...
2018.6.12 Motion for Summary Judgment, Adjudication 440
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ...of Civil Procedure section 437c. The motion and supporting papers were served on Defendant on March 6, 2018. Plaintiff 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.) Plaintiff has the burden of showing that there is no defense to the cause of acti...
2018.6.12 Demurrer 051
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.12
Excerpt: ...complaint relates to a loan modification she requested for real property located at 4321 La Panza Road, Creston, California (the “Subject Property”). (Compl., p. 1, ll. 26‐27; ¶ 2.) Plaintiff claims she and Defendant “orally agreed to undergo a loan modification review in good faith in May of 2017.” (Compl., ¶ 15.) Plaintiff alleges has provided all necessary documents to Defendant to process her request, but has received no response....
2018.5.28 Claim of Exemption 132
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.28
Excerpt: ...ing on Claim of Exemption, and a Notice of Opposition to Claim of Exemption. As of May 1, 2019, the San Francisco County Sheriff's Office is holding $355.10. Pursuant to Code of Civil Procedure section 706.050, Judgment Creditor is only entitled to garnish the lesser of: • 25% of Judgment Debtor's disposable earnings. (Code Civ. Proc., § 706.050(a)(1).) “Disposable earnings” are those earnings remaining after deduction of any amounts requi...
2018.5.15 Motion to Enter Judgment 268
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.15
Excerpt: ...the Court ordered the matter dismissed, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6. Per the Stipulation's terms, Defendant was to pay Plaintiff the total sum of $7,500.00, with $625.00 due on or before the 19th of each month beginning June 19, 2017, through and including May 19, 2018. (Id. at Ex. 1, ¶ 5.) Defendant paid $1,875.00 to Plaintiff, but stopped making payments on or around August 18, 2017. (Burns...
2018.5.15 Motion for Reconsideration, for Sanctions 556
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.5.15
Excerpt: ...o quit. Defendant originally filed a motion to quash the summons and strike the complaint, which requested was denied on November 7, 2017. Also on November 7, 2017, Defendant filed a petition to probate, Case No. 17‐PR‐ 0400, against Plaintiff (“the Probate Action”), seeking declaratory relief, acquisition of title by adverse possession, judgment for loan, equitable trust, for life estate, and for temporary restraining order and prelimina...

404 Results

Per page

Pages