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2024.03.26 Demurrer 277
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...
2024.03.19 Motion for Preliminary Injunction 112
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...d asserted derivative claims on its behalf. Steve and Robert each hold a fifty percent interest in BBC and are the only two directors on the board. Robert now alleges that Steve is attempting to unilaterally transfer BBC's vehicles and equipment (the Fleet) to Steve's solely owned entity, Steve C. Boneso Construction, Inc. (SCBC), dba Boneso Plumbing & Mechanical (BPM). Robert seeks a preliminary injunction prohibiting Steve from transferring ti...
2024.03.19 Motion for Contempt 215
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...e, Plaintiff challenged the validity of ASH's Protocol 30, a policy requiring physician approval before certain patient medications could be crushed to prevent abuse. On August 3, 2021, the Court (Hon. Linda D. Hurst, presiding) granted Defendant's motion for summary judgment on Plaintiff's first cause of action and denied summary adjudication of Plaintiff's second and third causes of action. A court trial was held April 8, 2022 (Hon. Hernaldo J...
2024.03.19 Demurrer, Motion to Strike 262
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...dants demurred to the FAC1 , and on September 27, 2022, the demurrers were partially overruled and partially sustained without leave to amend. On October 10, 2023, after obtaining leave to amend, Plaintiff filed her Second Amended Complaint (SAC). Defendants now demur to and move to strike portions of the SAC. The SAC alleges an escalating feud between the parties regarding noise issues. Plaintiff opposes the motions. No replies are on file. Co...
2024.03.12 Demurrer, Motion to Strike 194
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.12
Excerpt: ...Mid -State Fair Heritage Foundation, Inc. (the Foundation). Plaintiff's lawsuit alleges that on July 23, 2022, she was in line at the Paso Robles Event Center (PREC) to enter the California Mid -State Fair (the Fair) along a narrow, unpaved, uneven, and dangerous embankment. Plaintiff alleges she was injured when she lost her footing and careened down a slippery steep gravel embankment and slammed into a fence. Now before the Court are three moti...
2024.03.05 Motion to Compel Arbitration and Dismiss Complaint 877
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...nd Cameron Bonner ("individual defendants") in 2023 after they allegedly created defendants Athena Paytech LLC and Pluto Hub, LLC, in violation of their employment agreements. After SpotOn sued, ind ividual defendants cross-complained for violations of the Labor Code and other statutes. SpotOn now moves to compel arbitration of the cross- complaint based on the mandatory arbitration provision within individual defendants' employment a...
2024.03.05 Motion for Trial Preference 159
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defendant attempted to fix this issue by filing ...
2024.03.05 Demurrers, Motion to Strike 643
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.05
Excerpt: ...ds duties to disclose under multiple theories. (Warner Constr. Corp v. City of Los Angeles (1970) 2 Cal.3d 285. 294; Jones v. ConocoPhillips Co. (2011) 198 Cal.App.4th 1187.) Defendant argues that the corporation's role and intent must be pled "with specificity," but the fraud, being concealed, i s far better known to defendant than to plaintiffs. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.Ap...
2024.02.27 Demurrer, Motion to Strike 329
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...ach of quiet enjoyment (Civ. Code, § 1927); (4) private nuisance (Civ. Code, § 3501 et seq.); (5) premises liability (Civ. Code, § 1714); (6) retaliation; (7) negligence; (8) retaliatory eviction; (9) violation of Civil Code section 1940.2; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; (12) violation of Business and Professions Code section 17200 et seq.; and (13) fraud. This lawsuit aris...
2024.02.27 Demurrer, Motion to Strike 348
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ... cause of action for accounting and twelfth cause of action for negligent misrepresentation; and (2) OVERRULED on all other grounds. (Code Civ. Proc. § 430.10, subd. (e), (f).) In this case, plaintiffs allege in their first amended complaint thirteen causes of action with over 50 pages of allegations and 40 pages of exhibits arising out of their purchase of a house. Defendants demurrer to all causes of action except the second cause of action. ...
2024.02.27 Motion for Attorney Fees 350
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...d to collectively as “Petitioners.” The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.1 On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten- day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three -year Civil Harassment Restraining Order, set to ...
2024.02.27 Motion for Monetary Sanctions, Non-Monetary Sanctions 668
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ... including disputing Nielsen's alleged title to the Property. Hobe argued that Nielsen had unduly influenced and wrongfully induced Hobe's mother (Jacqueline Hobe)1 to sell the Property. The answer further alleged that as Jacqueline's heir, Hobe was entitled to possession of the Property. On November 7, 2019, Hobe and the Estate of Jacqueline Hobe (the Estate) filed a civil action against Nielsen. The civil action and unlawful detainer matter w...
2024.02.27 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...x causes of action for 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This action is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV -0429 as the lead action. Now on calendar is Manji's motion for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FA...
2024.02.27 Motion to Set Aside Dismissal 434
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ...endant seeks to set aside the judgment. The court GRANTS both motions. Plaintiff's Motion to Set Aside Dismissal “That a court of general jurisdiction has the power to correct clerical error in its judgment so that the judgment will conform to and speak the truth, regardless of the lapse of time and whether made by the clerk, counsel or the court itself, is a principle so established as to be beyond argument.” (Bowden v. Green (1982) 128 Cal....
2024.02.27 Motion to Strike Experts 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.27
Excerpt: ..., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Defendants' motion to strike Plaintiff's experts, Steven Hamilton, Ph.D.; Murray A. Solomon, M.D.; and Jeff Bruno; or, in the alternative, to limit the experts' testimony to...
2024.02.20 Motion for Leave to File FAC 258
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...omplaint against Plaintiff; PRCCC, Inc.; and 1144 Black Oak Associates, LLC (Cross -Defendants). Plaintiff also has a pending cross- complaint against other parties. The parties' dispute centers around their agreement concerning the sale of Plaintiff's restaurant in Paso Robles to Defendant Ayrapetian. Plaintiff asserts one cause of action for breach of contract against Defendant Ayrapetian, alleging Defendant failed to pay the cash purchase pric...
2024.02.20 Demurrer 077
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...ied, operated, controlled, supervised, patrolled, monitored, managed, and maintained a parking lot in Paso Robles. Plaintiff alleges the parking lot included a “posted warning sign1 regarding no overnight camping.” Plaintiff alleges the parking lot was open for use by members of the public including shoppers and pedestrians, like the Plaintiff, using the premises in its normally intended and foreseeable manner for foot traffic and passage. Pl...
2024.02.13 Petition for Writ of Mandate 287
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...s proposed project (the Project) to establish up to three acres of outdoor cannabis cultivation within hoop houses and a 10,000-square foot (sf) ancillary processing building on Real Party's 41-acre property located at 8770 Carrisa Highway, Santa Margarita, California 93453 (the Site). (Administrative Record [AR], at AR00055.) A. The Project. Real Party submitted their initial minor use permit application on February 19, 2018. (AR 541.) The Proje...
2024.02.13 Motion to Compel Further Responses 001
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...breached its warranty by failing to repair defects in the vehicle within a reasonable number of attempts and refusing to repurchase the Vehicle. Morales served GM with Plainti¯'s Requests for Production of Documents, Set One (“RFP”), and GM timely served Morales with responses. GM objected to all of the requests and agreed to produce some documents in response to some of the requests “subject to” the objections. Even if the objections w...
2024.02.13 Motion to Compel Arbitration 272
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...by Deendant Hyundai Motor America (“Warrantor”). Plainti¯ alleges both deendants violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) by ailing to repair Vehicle deects. Dealer and Warrantor are represented by the same attorneys and have each Þled a motion to compel arbitration and or stay o this action until the conclusion o arbitration. Warrantor relies on the arbitration provision in the RISC between Plainti...
2024.02.13 Motion to Allow Limited Discovery on Punitive Damages 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...kid steer with an auger attachment. (Compl., p. 4.) Plainti¯ alleges that an employee o Quinn Rental Services was getting the skid steer ready or pickup when he caused a portion to all on Plainti¯'s head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. On December 12, 2023, this Court granted Plainti¯'s motion to amend the complaint to add a claim or punitive damages. Plainti¯'s motion was based o...
2024.02.13 Demurrer 174
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...pley (Decedent) was driving through the intersection of 34th Street and Spring Street in Paso Robles on January 13, 2022, when his vehicle was struck by another car driven by Galvez. The complaint alleges that Galvez failed to yield because his visibility and sightline of oncoming tra¯ic was blocked or impaired due to improper design, construction, and/or maintenance of the intersection. Currently on calendar is the City's demurrer to the secon...
2024.02.06 Motion to Sever Actions 102
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...yard, Inc.; Richard L. Quinn; and David Nichols (“Deendants”) Þled the subject motion to sever Geo¯rey's and Bonnie's claims on the grounds that the claims do not meet the standard or permissive joinder and to “prevent any party rom being embarrassed, delayed, or put to undue expense.” 1. Joint Ownership or Control o the Inn and Winery Deendants have not shown that the Inn and Winery were owned and controlled by completely separat...
2024.02.06 Motion to Compel Further Responses, for Monetary Sanctions 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...Pamela Pierce to Form Interrogatories, Set One, and Request for $4,000 in Monetary Sanctions (3) Plainti¯'s Motion to Compel Further Responses from Defendants Kedrin Van Steenwyk; KMBG, LLC; and Adelaida Cellars, Inc. to Requests for Production of Documents, Set One, and Request for $4,000 in Monetary Sanctions (4) Plainti¯'s Motion to Compel Further Responses from Defendants Applied Technologies Associates, Inc.; ATA Ranches, Inc.; Daniel Ca...
2024.02.06 Motion for Summary Judgment 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...ng in physical and emotional injuries. The complaint sets orth the ollowing causes o action: (1) Battery; (2) Negligence; (3) Intentional Inßiction o Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Deendants) now move or summary judgment on the ground Plainti¯ cannot prove causation. Plainti¯ opposes the motion. This is Deendants' second motion or summary judgment on the issu...

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