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1855 Results

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2024.05.16 OSC Re Preliminary Injunction 152
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.16
Excerpt: ...ion (State Lands) and the California Coastal Commission (the Commission) as the respondents. The dispute centers around three offshore wind leases issued by the Bureau of Ocean Energy Management (BOEM) to Atlas Wind, LLC also known as Equinor (Atlas Wind), Golden State Wind, LLC also known as Central Coast Offshore Wind, LLC (Golden State), and Even Keel Wind, LLC also known as Invenergy California Offshore LLC (Invenergy; collectively, the Lesse...
2024.05.15 Motion to Strike 499
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...ort the required elements of oppression, fraud, or malice. A complaint is subject to a motion to strike if it fails to allege facts supporting punitive damages. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) The complaint must allege the elements as stated in Civil Code section 3294 and include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious to support a claim for punitive damag...
2024.05.15 Demurrer to TAC, to Quash Service 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...n (Gordon) and Orchard City RV, LLC's (Orchard City) demurrer to Plaintiff's Third Amended Complaint (TAC). Mitsubishi Fuso Truck and Bus Corporation (Mitsubishi) also specially appears and moves pursuant to Code of Civil Procedure section 418.10 for an order quashing service for lack of personal jurisdiction. Plaintiff's ThirdAmended Complaint alleges that Jutila was driving a Mitsubishi Fuso FE160 truck at the time of her accident. (TAC, ¶ 3.)...
2024.05.15 Motion to Waive Bond Requirement or Reduce Bond Amount 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...ok advantage of Sylvia June Asavis during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposited ...
2024.05.14 Motion for Protective Order, to Quash 676
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...tiff was approximately seven to eight years old. (First Amended Complaint [FAC], ¶ 1.) Plaintiff alleges that Mr. Ilger, now deceased, was convicted in 1988 of molesting underage children in his classroom, and was sentenced to eight years in prison. (Id. at ¶¶ 12, 24.) Plaintiff further alleges that Mr. Ilger was arrested against in 2002 for failing to register as a sex offender and sentenced to 32 months in prison. (Id. at ¶ 24.) Plaintiff's...
2024.05.14 Demurrer, Motion to Strike 237
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...urt are papers John's filed demurring to the unjust enrichment cause of action on the ground that it is not a cause of action and seeking to strike the cross -complaint on the ground that Baker did not obtain leave of court to file it. There are irregularities in the moving papers, however, Baker had sufficient time to file substantive oppositions to the motions. The Court will consider the motions on the merits. 1. Demurrer Johns argues that ...
2024.05.14 Demurrer 173
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...(Tri -Counties), Louis Carnesale (Louis) 1 , John Carnesale (John), and the City of Atascadero (the City). 10850, Tri Counties and John Carnesale demurred to the FAC, and that demurrer was partially sustained with leave to amend. On December 21, 2023, Plaintiff filed her Second Amended Complaint (SAC), which alleges causes of action for 1) negligence [against all defendants other than the City]; 2) nuisance and trespass [against all defendants o...
2024.05.14 Demurrer 022
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ..., 2024, def endants Rockport Administrative Services, LLC (Rockport), Boardwalk West Financial Services, LLC (Boardwalk) and Shlomo Rechnitz (collectively Managing Defendants) represented by Gordon Rees Scully Manshukhani, LLP (Gordon Rees) demurred to the complaint. The County of San Mateo was not listed on the caption as a defendant represented by Gordon Rees. On April 4, 2024, Gordon Rees filed an amended notice of demurrer and amended suppor...
2024.05.09 Demurrer 212
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ... light, causing his vehicle to hit Plaintiff's vehicle. Plaintiff alleges one count of negligence against Dunbar, and one count of negligence (Gov. Code, § 815.2) against the State. In the complaint, Plaintiff alleges that he timely served government claims against the State, which claim was rejected. (Compl., ¶ 10.) Now before the Court is Defendants' demurrer to the complaint. Legal Authority. Under the California Tort Claims Act (the Act), n...
2024.05.09 Application for Relief Under CCP Section 473 578
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ds and that the rodents caused significant damage to the Property. On December 16, 2022, the Court (Hon. Donald G. Umhofer, presiding) granted Defendants OiC Real Estate Services, Inc. and Kristenann Murchison's motion to strike Plaintiffs' expert witness designation. In their motion, Defendants argued that Plaintiffs' expert designation was tardy and failed to include a required declaration from counsel describing the expert witnesses' areas of...
2024.05.09 Motion for Summary Adjudication, to Continue Trial 388
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ided that BCP would provide labor, services, equipment, and materials for installation of HVAC systems for five different projects. BCP now moves for summary adjudication of its fifth and eighth causes of action for breach of written contract, and ABC moves to continue trial of this matter, currently scheduled for June 24, 2024. Both motions are opposed. Motion for Summary Adjudication BCP's fifth cause of action arises out of a June 27, 2019 ...
2024.05.09 Motion to Compel Further Responses 577
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...sher Dec.), ¶ 5.) Plaintiff served RFP, Set Three, on Smart72 and RFP, Set One, on DeVries, on July 10, 2023. (Id., ¶ 8.) Both sets of requests sought documents relating to Angela DeVries' role in the Smart72 business and her communications relating to Plaintiff. (Ibid.) Plaintiff now moves to compel further responses from Smart72 as to Request No. 12 from RFP Set Two, and Request Nos. 21 -28 from RFP Set Three. Plaintiff also moves to compel f...
2024.05.09 Motion to Compel Responses, for Sanctions 206
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...s needed before any records could be produced. In an attempt to obtain Plaintiff's signature on the authorizations, Defendants served Plaintiff with a Request for Production of Documents attaching the requisite authorizations (the RFPs), and asking Plaintiff to sign and return the authorizations. Defendants' counsel explained the authorizations were served as part of a request for production “so there is a mechanism to compel a response, if nee...
2024.05.08 Motions to Compel Further Discovery Responses 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.08
Excerpt: ...ed Home Instead for personal care services and Defendants employed unfit caregivers who stole personal property from Plaintiff and mistreated him by, among other things, committing elder neglect, financial abuse, and isolation abuse. Before the Court are four motions filed by Plaintiff seeking to compel further responses to discovery requests. The specific discovery requests are as follows: 1. Special Interrogatories to Alcantara, Set One (Al...
2024.05.02 Motion to Expunge Lis Pendens 506
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...) fraud and deceit (against both Defendants). On October 2, 2020, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property or the Property). Plaintiffs filed another “notice of pending action” on February 23, ...
2024.05.02 Demurrer 689
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...f's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in Roe 1 District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of Roe 1 District. (FAC, ¶ 2.) Plaintiff alleges Roe 2 Teacher began grooming Plaintiff when she was a 15 -year -old freshman. (FAC, ¶ 14.) Plaintiff alleges Roe 2 Teacher often flirted with Plaintiff an...
2024.05.01 Petition for Writ of Mandate 060
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ... allegedly “without following the rules and regulations of the County relating to said Guesthouse.” (Pet, ¶ 3.) At the time the Petition was filed, the Guesthouse was under construction, but has now been built. LOGG seeks a writ of mandate under Code of Civil Procedure section 1085 directing the County to rescind the construction permit for the Subject Property and directing the County to provide public notice of the project, including a No...
2024.05.01 Motion to Quash Subpoenas 053
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...roduction at hearing or trial, served on Petitioner, Bank of America, N.A., PayPal INC., Corporation Service Company, Wells Fargo Bank, N.A., and William B. Dyer. (Declaration of Laura Hoffman King, ¶ 2; Ex. A.) (Code Civ. Proc., § 1987.1.) The initial hearing on the motion was continued as no proof of proper service was on file. Petitioner served notice of hearing, but there was no proof showing that the moving and supporting papers were serv...
2024.05.01 Motion to Compel Further Responses 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...les Bachtell (Bachtell), is one of the named individual director -defendants. Cresco Labs, Inc. is a Canadian corporation with its principal place of business in Chicago, Illinois (Canadian -Cresco). In response to the complaint, Canadian -Cresco filed a motion to quash service of the summons and complaint on the ground the Court lacks jurisdiction over it. (Code Civ. Proc., § 418.10.) The Court continued the motion to allow Plaintiffs an oppor...
2024.05.01 Motion to Amend Petition 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...l 2019. Petitioner now seeks to amend the petition to delete the request to compel an accounting and add claims for (a) financial elder abuse claim, including relief under Probate Code section 259, 1 and (b) breach of duty to follow terms of trust. In addition, Petitioner seeks to add and delete various paragraphs for clarification. I. LEGAL STANDARD The Court may allow the amendment of any pleading at any time in the furtherance of justice, an...
2024.04.30 Motion to Compel Arbitration 359
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...f to be Chief Operating Officer (COO) for MLV's new venture of opening The Human Bean coffee shop franchises. (Declaration of Pat Mitchell (Mitchell Dec), ¶¶ 5, 6.) Plaintiff alleges he became seriously ill and had to use a wheelchair at work. He claims he was wrongfully terminated due to his disability. Defendants seek to compel arbitration pursuant to the employee handbook that includes an arbitration agreement. They do not present a signed a...
2024.04.30 Motion for Judgment on the Pleadings 391
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...mine Ownership of Estate Property and for Order Authorizing and Directing Executor to Transfer Estate Property to Petitioner (the Petition). The Petition was brought pursuant to Probate Code section 850, and seeks a determination of ownership of USG stock. The basis of Siegenthaler's claim is a June 16, 2016 gift letter signed by Decedent and attached as exhibit C to the Petition. (Pet., ¶¶ 4 -6.) Currently on calendar is Andreoli's motion for ...
2024.04.30 Demurrer 006
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...ligent Infliction of Emotional Distress. Plaintiff alleges that she has been suffered heart palpitations, tremors and shortness of breath due to the crowing of roosters and barking, whining and crying of dogs at property owned by Beltran. (Cmpl., passim.) Plaintiff alleges that Puckett and Ochoa assist in the care and maintenance of the dogs and roosters. (Cmpl., ¶ 9.) She alleges that this complaint “follows in continuous succession of, and ...
2024.04.25 Demurrers to FAC, Motion to Strike FAC 321
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Plaintiff alleges there is a unity of interest and ownership between both Defendants, LTGB and Poswillo, such that any individuality and separateness between such Defendants has ceased, and that LTGB is the alter -ego of Defendants in that: (a) LTGB was and is a mere shell, instrumentality, and conduit through which Defendants carry on their business in said name e...
2024.04.25 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...f filed a First Amended Fraud Complaint (“FAC”). Before O'Niahll and Ferreira responded to the FAC, on October 5, 2023, the Court sustained the City and its employees' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (“SAC”). The 41 -page SAC alleges a myriad of facts, statements and thoughts that are no more intelligible t...
2024.04.25 Motion for Attorney Fees 162
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...g) granted Natwick's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on November 30, 2023. Currently on calendar is Natwick's motion for attorney's fees. Plaintiff has filed an opposition. Under section 425.16, subdivision (c), any defendant who brings a successful special motion to strike is entitled to attorney fees and costs. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [Ketchum].) The determinati...
2024.04.25 Motion for Final Approval of Class Action Settlement 513
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...iff had filed a PAGA Representative Action (Case No. 21CV -0651) (the PAGA Action). Plaintiff and Defendants reached a settlement,1 which the Court preliminarily approved on November 30, 2023. At that time, the Court also approved the following class definitions: • The Agreement defines the “Class” and its members as “all current and former non - exempt employees who worked for Defendants Drake Farms as truck drivers and/or were issued...
2024.04.25 Motion to Strike SAC 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...rt is Defendants' motion to strike the punitive damages allegations in paragraphs 14, 29,43, 58 and prayer #3 of Plaintiff's Second Amended Complaint (SAC). Plaintiff opposes the motion. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or...
2024.04.24 Motion to Amend Petition 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.24
Excerpt: ...l 2019. Petitioner now seeks to amend the petition to delete the request to compel an accounting and add claims for (a) financial elder abuse claim, including relief under Probate Code section 259, 1 and (b) breach of duty to follow terms of trust. In addition, Petitioner seeks to add and delete various paragraphs for clarification. I. LEGAL STANDARD The Court may allow the amendment of any pleading at any time in the furtherance of justice, an...
2024.04.23 Motion to Quash Service of Summons and Complaint 242
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.23
Excerpt: ...y of Defendant PG&E, (5) loss of consortium, and (6) negligence against PG&E. Plaintiffs allege that on November 23, 2019, Mr. Szydlowski suffered severe injuries while operating a Niftylift TD34T boom lift, known as a bucket lift or “cherry picker,” at Defendant Casa Rio Atascadero. Plaintiffs allege that bucket lifts of the type Mr. Szydlowski used typically have an alarm system designed to alert the operator when the lift is close to elect...
2024.04.16 Motion to Compel Deposition of PMK, Production of Docs 165
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...8490; defects requiring the updating and/or reprogramming of the power steering control module (“PSCM”), transmission control module (“TCM”), and/or electronic brake control module (“EBCM”); defects causing shuttering; defects causing the failure and/or replacement of the torque converter; defects causing a vibration at highway speeds; defects causing a vibration upon acceleration; defects causing a hesitation upon acceleration; defec...
2024.04.16 Motion for Summary Adjudication 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...f December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high- performance recreational vehicle. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza -Alvar...
2024.04.16 Motion for Reconsideration 159
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...ication for preferential trial setting under 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. Defen...
2024.04.16 Motion for Prefiling Order Prohibiting Vexatious Litigation from Filing New Litigation in Propia Persona 266
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015 -CV -000055. Schaefers filed an appeal, and 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 deni...
2024.04.11 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.11 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.11 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...
2024.04.10 Motion to Enforce Discovery Order, Request for Evidence, Issue, and Monetary Sanctions 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.10
Excerpt: ...bjections to each of the RFPs. Natali moved to compel further responses to the RFPs, which the Court granted, ordering further responses be served by Friday, July 28, 2023. On August 4, 2023, Natali belatedly served supplemental responses. Natali contends that the supplemental responses are insufficient, and seeks evidence and issue sanctions against Mathis, as it relates to RFP Nos. 24 -33, 40, 50- 54, 58-59, 65, 78, 97- 98, 177, 181 -182, and 1...
2024.04.10 Motion to Enforce Discovery Order, Request for Issue, Evidence, and Monetary Sanctions 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.10
Excerpt: ...ed Mathis to provide partial responses without objections by May 31, 2023, and full responses by June 30, 2023. Mathis served responses on June 30, 2023. Natali states the responses include objections. Her counsel sent a meet and confer letter on August 3, 2023. Over the next several months, Mathis' counsel represented that he was working on replying to the meet and confer letters and supplemental responses. (See Declaration of Jonas Bailey ISO M...
2024.04.09 Motions to Compel Oral Answers at Deposition 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...
2024.04.09 Motion to Tax Costs 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...
2024.04.09 Motion to Compel Further Responses 001
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...
2024.04.04 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.04 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.04 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...
2024.04.03 Motion to Compel Further Responses 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...
2024.04.03 Motion for Preliminary Injunction 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...
2024.04.03 Demurrer to SAC 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...
2024.04.03 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...
2024.03.27 Motion to Quash 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...process is essential to establish personal jurisdiction.' [Citation.]” (Kremerman v. White (2021) 71 Cal.App.5th 358, 371.) The statutory procedures for effective service of process are set forth in Code of Civil Procedure section 415.10 et seq. “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such deliv...

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