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2021.03 25 Motion for Preliminary Approval of Class Action Settlement 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03
Excerpt: ... Defendants have disputed all liability and argued that the case should not be maintained as a class action. The action has been heavily litigated. Nonetheless, after attending mediation, the parties reported that they settled the matter. (Stip., filed 01/15/21.) Currently on calendar is Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (the “Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed and seeks a...
2021.03.10 Motion to Compel Discovery Responses 407
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ...nterrogatories, Set One; and 4) Request for Production of Documents, Set One (collectively the “Discovery”). (Balsamo Decl.2 , ¶ 2.) On August 17, 2020, Julie's attorney requested an extension of time to respond to the Discovery to September 17, 2020 so Julie could retain litigation counsel; Charles' counsel granted that request. (Balsamo Decl., ¶ 4.) On September 16, 2020, Julie's other attorney emailed and requested a second extension to ...
2021.03.10 Motion for Summary Judgment, Adjudication 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ... the Survivor's Trust), Trust B‐Family Trust, and Trust C‐Exemption Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children, Marianne and Gail became the successor trustees of all three subtrusts.1 Upon Claire's death, Trust A became irrevocable. Prior to that, however, Clai...
2021.03.10 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.10
Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...
2021.03.09 Motion to Reopen Case 635
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
Excerpt: ...vil Procedure section 473(b) (“Section 473(b)”). In support of the motion, Plaintiff explains that on February 21, 2020, it submitted its renewal of judgment package to the court, and received notice from ABC Legal Services that the case was not available for e‐filing and to contact the court to migrate the case.1 Plaintiff states that “[d]due to the Covid‐19 pandemic, the stay at home order and court closures, Plaintiff was unable to s...
2021.03.09 Motion to Prefill Order Prohibiting Vexatious Litigant from Filing New Litigation in Propia Persona 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
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 den...
2021.03.09 Motion for Evidence Sanctions, Protective Order, Monetary Sanctions, to Disqualify Counsel 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.09
Excerpt: ...failure to provide notice of sick leave, (4) failure to provide accurate wage statements, (5) waiting time penalties, and (6) restitution. Now before the Court is Plaintiff's motion for evidence and monetary sanctions, a protective order, and disqualification of Defendant's counsel. (Code Civ. Proc., § 2023.030.) Defendant filed an untimely opposition, which Plaintiff has addressed on reply. Plaintiff specifically requests: (1) An order prohibit...
2021.03.04 Motion to Bifurcate 264
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...ista. Plaintiff alleges that prior to the surgery he could walk, but immediately after, he was unable to walk or move his legs. Trial is set for October 25, 2021. Currently before the Court is Defendant's motion to bifurcate. Specifically, Defendant seeks a separate trial and jury for his medical malpractice statute of limitations defense under Code of Civil Procedure section 340.5, to precede trial on Plaintiff's medical malpractice cause of act...
2021.03.04 Motion for Summary Judgment 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...roducts and negligence, and seeks damages of approximately $425,000 representing the sums Sentinel paid out to resolve its insured's claim. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (“Beshert”), and CV Commercial Real Estate (“CV Commercial”). On January 4, 2019, DC Design filed a cross‐ complaint against Chro...
2021.03.04 Demurrer, Motion to Strike 027
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...es that Ms. Schwind is the sole principal of PGF, and uses that entity as her alter ego. (Id., p. 2, ¶ 9.) Plaintiff alleges that on or about June 27, 2017, Plaintiff made a partly written, partly oral agreement with Schwind and PGF. (FAC, p. 3, ¶ BC‐1.) Plaintiff alleges that it hired PGF, which supplied Ms. Schwind to provide consulting services to Plaintiff's licensed cannabis cultivation clients, and Plaintiff agreed to pay PGF for such s...
2021.03.04 Demurrer 631
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...ee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The complaint also identifies Vincent's then three‐year...
2021.03.03 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.03
Excerpt: ...rrect bank account. The email appeared to be from Plaintiffs' realtor and Jenny Lane, a title officer for First American. Plaintiffs wired the funds as directed in the fraudulent email and as a result, lost $183,443. In addition to wiring their own funds in response to the email, Plaintiffs had also requested that First American wire the remaining funds. First American did not do so stating it needed additional information. (FAC, ¶¶ 11‐16.) F...
2021.03.03 Motion for Judgment on the Pleadings 402
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.03
Excerpt: ...h (“Ainsworth”), and the California Department of Parks and Recreation (the “CDPR”). The Petition challenges the Commission's July 9, 2020 approval, and related issuance of a coastal development permit to the CDPR for dust control measures at the Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “SVRA”), including an amendment to the initial 105‐acre approval and permit and CDPR's issuance of a May 28, 2020 Addend...
2021.03.03 Motion to Compel Compliance with Third-Party Subpoena 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.03.03
Excerpt: ... Ross, C.P.A. (“Ross”) as the accountant for this estate, as well as to assist Mathis in connection with her role as trustee of the Rose E. Treise Trust Dated December 21, 1989 (the “Trust”). (Tardiff Decl.., ¶ 1; Bailey Decl., Ex. A [11/20/18 ltr from Ross to the Court].) On March 20, 2020, Ross received a Deposition Subpoena for Production of Business Records in connection with the Trust matter (the “First Subpoena”) from Jonas Bai...
2021.03.02 Motion for Summary Judgment 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ... An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer filed a cross‐complaint for fraud, neglige...
2021.03.02 Motion for Attorney's Fees 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...ker Request. On August 6, 2020, Drucker filed a request for civil harassment restraining order (San Luis Obispo Superior Court Case No. 20CVP‐0253, the Drucker Request) seeking protection for himself and his family from Ober. Drucker's request for a temporary restraining order (TRO) was denied the same day1 . In his Request, Drucker claimed that Ober verbally harassed Drucker's wife, Regina Drucker. Drucker claimed that Ober stared into the Dru...
2021.03.02 Demurrer 274
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...t enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) Allegations in the Original Complaint. In her original verified complaint, Plaintiff alleges that she contacted Defendant Channon Clagg in June 2019. Plaintiff alleges she wanted to rent the ...
2021.03.02 Motion for Leave to File SAC 277
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.03.02
Excerpt: ...ondemnation. Plaintiff alleges that it is the owner of real property (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Defendant has a right‐of‐way between the Highway and the Property, which includes a curb that captures water ru...
2021.02.25 Motion to Declare Vexatious Litigant 454
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff had pre‐ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick‐up counter to retrieve his food. (FAC, 4:4‐6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9‐10.) Plai...
2021.02.25 Motion to Compel Compliance with Subpoena 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...r 24, 2020, the Guimaraes Defendants served a subpoena for the production of business records on the San Luis Obispo County Probation Department (the County), requesting the following records for Keith Bernard Murphy, date of birth 12/1/1990: Complete records from the first date to the present, including but not limited to call recordings, call logs, transcripts, CAD logs, traffic collision reports, photographs, MPEG or JPEG files, digital images...
2021.02.25 Motion to Compel 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ..., by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000, representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (�...
2021.02.24 Motion to Strike SAC 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...Cambria was Plaintiff's broker and Mr. Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...
2021.02.24 Demurrer, Motion for Sanctions 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...
2021.02.24 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...
2021.02.23 Demurrers 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of the amended complaint is that Defendants, in breach of their legal and contractual obligations ...
2021.02.23 Petition to Compel Arbitration 165
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...
2021.02.23 Motions to Compel Further Responses 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...
2021.02.18 Motion to Compel Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. The Parties. The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee1 , for the Property...
2021.02.18 Motion for Leave to File SAC, Demurrer, Motion to Strike 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...s of action for general negligence, as well as “wrongful death, pain and suffering, funeral expenses, and legal expenses.” The FAC also seeks punitive damages and $250,000 in compensatory damages. In the FAC, Plaintiff alleges she is the “mother of the deceased (Keith Bernard Murphy II)” (Decedent). Plaintiff alleges that Decedent suffered from various mental health issues, and had a history of substance abuse and suicidal ideation. Plain...
2021.02.18 Motion for Attorney Fees 287
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...enying the restraining order, on the grounds that Petitioner failed to meet the burden of proof. On September 16, 2020, Volk filed a memorandum of costs in the amount of $761.36; no motion to tax costs was filed. Volk now brings a motion for an award of reasonable attorney's fees pursuant to Code of Civil Procedure section 527.6(s), which provides that the prevailing party in an action brought pursuant to section 527.6 may be awarded court costs ...
2021.02.11 Motion for Leave of Court for Limited Deposition 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.11
Excerpt: ...rner negligently drove forward without confirming Plaintiff was safely in the vehicle and drove over Plaintiff's left foot and leg, causing serious injury. (Complaint, ¶ 6.) Turner now moves for an order pursuant to Code of Civil Procedure section 2025.610(b) for a subsequent limited deposition of Plaintiff for the purpose of inquiry regarding documents produced subsequent to Plaintiff's first deposition, which are inconsistent with Plaintiff's ...
2021.02.10 Motion for Summary Judgment 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.10
Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...
2021.02.09 Motion to Strike 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.09
Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...
2021.02.04 Special Motion to Strike, to File Docs Under Seal, Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.04
Excerpt: ...lity violations, malice, right to privacy violations, disclosure of private facts, abuse of process and theft. (Complaint (“Compl.”), p. 3.) Plaintiff's form complaint alleges a series of intentional torts, including obtaining medical records for the purpose of financial gain and to intimidate, harass, embarrass, and humiliate Plaintiff in the process and abuse of discovery (Compl., p. 4); violation of Plaintiff's privacy by violating the Inf...
2021.02.03 Motion for Summary Judgment, Adjudication 502
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...
2021.02.03 Motion for Security 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...
2021.02.02 Motion for Protective Order 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...
2021.02.02 Motion to Declare Vexatious Litigant 189
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...��ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...
2021.02.02 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...e of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...
2021.02.02 Motions to Compel 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...rty, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...
2021.01.28 Motion to Contest Good Faith Settlement 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.28
Excerpt: ... arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...
2021.01.27 Motion to Discharge Peremptory Writ of Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...
2021.01.27 Demurrer, Motion to Strike 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...
2021.01.26 Motion to Compel Production of Docs 153
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...a to the City of Atascadero Police Department (the “Department”) requesting the following records: Any and all documents relating to the criminal investigation in to the sexual assault and/or sexual abuse of P.A., DOB XXXXXX, which occurred on or about June 25, 2019 in the City of Atascadero wherein it is alleged that another student sexually assaulted and/or sexually abused P.A., including but not limited to, any and all audio recordings, au...
2021.01.26 Motion to Compel Compliance 296
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...�Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.). 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. In November 2019, Plaint...
2021.01.26 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.26
Excerpt: ...s' first amended complaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with�...
2021.01.21 Motion to Strike, Request for Sanctions 417
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ... guarantees be executed. Defendant moves to strike the complaint pursuant to Code of Civil Procedure section 435, and for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiffs oppose the motion. Defendant argues that Plaintiffs' complaint was filed in bad faith, is frivolous, and was filed in disregard for the current global pandemic landscape. Defendant's counsel submits his declaration in support. Defendant argues t...
2021.01.21 Motion to Compel Compliance with Deposition Subpoena, Request for Sanctions 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ...“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles on Kleck Road. On June 17, 2020, Kleck served an individual Deposition Subpoena for Production of Business Records (the “Subpoenas”) on nonparties Dean Stroud and Lynn Stroud (the “Strouds”). Lynn Stroud is Plaintiff Lisa Canchola's sister. The Strouds live next door to Plaintiffs and in August 2018, also fi...
2021.01.20 Demurrer, Motion to Quash 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...s testing, alleging that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC). On January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” On July 1, 2020, this Court sustained Defendant's demurrer to the SAC with leave to amend. On August 24...
2021.01.20 Motion for Sanctions 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...alment; (4) constructive fraud; (5) conversion; and (6) breach of implied covenant of good faith and fair dealing and request for appointment of receiver. The action involves ownership and management of TFC. Defendants now bring a motion for sanctions pursuant to Code of Civil Procedure section 128.7, on the grounds that Plaintiff and its attorney1 have knowingly filed, advocated, and pursued frivolous and candidly unlawful pleadings directed aga...
2021.01.20 Motion to Clarify Order 309
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.20
Excerpt: ...eement (MOA) regarding the formation of Precision Mutual Water Company (PMWC), a mutual water company, to provide water and landscaping maintenance services to six subdivided lots in Arroyo Grande collectively owned by the parties (the Subdivision). (Compl., ¶¶ 8, 21a.) The Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Water Company, and later transferred to Weso Water and Proper...
2021.01.19 Demurrer, Motion to Strike 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...The dispute arises from damages caused by a car fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. In addition, Plaintiff alleges damages arising from the County's subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California. 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 negligen...
2021.01.19 Demurrer 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.19
Excerpt: ...ses of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On November 2, 2020, the Individual Defendants filed an ans...
2021.01.14 Motion to Quash 262
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...
2021.01.14 Motion to Compel Arbitration 339
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...
2021.01.14 Motion for Summary Judgment, Adjudication 148
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...
2021.01.14 Demurrer, Motion for Sanctions 105
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...
2021.01.14 Demurrer 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado's bookkeeper for more than 20 years and, during that time, misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts alleg...
2021.01.14 Demurrer 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts allege ...
2021.01.13 Motion to Amend Judgment 551
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ...rough personal service on January 25, 2005. (Chen Decl., ¶ 4; Exh. 3.) Default judgment was entered against both Defendants on April 5, 2005, and the judgment was renewed on March 10, 2015. Plaintiff now moves pursuant to Code of Civil Procedure section 187, to amend the judgment, as Plaintiff has found that Katherine E. Bliss also goes by Katherine E. Perez, Katherine H. Bliss, and Katherine E. Diaz.1 The motion was not served on either Defenda...
2021.01.13 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.13
Excerpt: ... Doe 1. Plaintiffs' complaint alleges two causes of action for medical negligence and loss of consortium. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs allege that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Cour...
2021.01.12 Demurrer, Special Motion to Strike 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...omplaint on June 26, 2019 and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. In her second amended complaint (SAC), filed September 13, 2019, Plaintiff names as Defendants1 : the County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital ...
2021.01.12 Motion for Judgment on the Pleadings 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.12
Excerpt: ...9, 2019, Plaintiff served requests for admission (RFAs) on the Defendants. When Defendants failed to respond, Plaintiff moved for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Now before the Court is Plaintiff's motion for judgment on the pleadings. With this motion, Plaintiff requests the Court grant judgment on Plaintiff's complaint and find as a matter of law that...
2021.01.05 Motion for Preliminary Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.01.05
Excerpt: ...the Court's approval of the settlement. Currently before the Court is Plaintiff's Motion for Preliminary Approval of Class Action Settlement (the “Motion”), which requests an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the class representative; (4) appointing Plaintiff's counsel, Justin Lo, as class counsel; (5) approving the proposed Notice of Class Action Set...
2020.12.22 Motion to Sever Action, for Entry of Judgment 111
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.22
Excerpt: ...materials furnished by Plaintiff for use in Defendant's business. ACIC is named as the surety in the fifth cause of action for enforcement of Plaintiff's claim against the contractor's license bond issued by ACIC. CCPS is also named as a defendant in the fifth cause of action. ACIC was served on September 8, 2020 and filed an answer to Plaintiff's complaint on October 21, 2020. ACIC has also filed a cross‐complaint against Plaintiff, CCPS, and ...
2020.12.17 Motion to Compel Further Responses 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.17
Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...
2020.12.16 Petition for Writ of Mandate 731
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.16
Excerpt: ...hallenges his February 6, 2019 demotion for use of excessive force against an inmate. The Subject Incident. Petitioner was hired by the Department as a Correctional Deputy in 1990. (Administrative Record [AR] 1102.) In 1996, Petitioner was promoted to Senior Correctional Deputy. (Ibid.) In that capacity, from 1996 until the time of his demotion, Petitioner trained close to 100 deputies. (AR 1103.) The incident leading to Petitioner's demotion occ...
2020.12.16 Motion to Stay 729
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.16
Excerpt: ... influence. Defendant answered the complaint on March 6, 2020. On June 8, 2020, the Court stayed the matter due to criminal proceedings pending against Defendant in connection with the incident (Case No. 19F‐07373). Upon an ex parte application by Plaintiff to reconsider the request, the Court set aside its prior order staying the case and set the matter for a hearing on its regular law and motion calendar. Prior to that hearing, the parties fi...
2020.12.15 Motion to Strike 269
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...ss; (5) General Negligence; and (6) Negligence‐Premise Liability. The complaint alleges that on September 15, 2018, Plaintiff sustained serious injuries after being attacked by Daniel at Pine Street. The complaint further alleges that Daniel is employed by Pine Street as a manager; that Pine Street is owned by and operated by Ronald; that Ronald and J.F. own the property on which the attack occurred; that Ronald is Daniel's father; and that at ...
2020.12.15 Motion to Compel Further Responses 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...mplaint (FAC) alleges causes of action for (1) inverse condemnation, (2) dangerous condition of public property, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The individual defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) Now before the Court is Plaintiffs...
2020.12.15 Motion for Preliminary Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... non‐exempt piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) un...
2020.12.15 Motion for Preference 167
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ... perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for opposing violations of the Fair Employment and Housing Act (FEHA); (10) failure to prevent and stop harassment, discrimination, and retaliation; (11) misclass...
2020.12.15 Motion for Discovery of Financial Condition 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nd Defendants' guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries. Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent. Plaintiff filed a Fi...
2020.12.15 Motion for Determination of Good Faith Settlement 251
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.15
Excerpt: ...nity, breach of contract, express contractual indemnity, breach of contract re: insurance requirements, negligence, declaratory relief: duty to defend, and declaratory relief: duty to indemnify against Roes 1‐300 (the “Cross‐Complaint”). On April 29, 2020, Legacy filed a Roe amendment to the Cross‐Complaint naming the following cross‐defendants: Stuart Installation Team, Inc. (Roe 1), Charlie Dean Kalin Painting (Roe 2), Cuesta Drywal...
2020.12.10 Motion for Protective Order, to Quash 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...Fears”) are David Fear's children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September 28, 2017, and named the City of Exeter and its police department (the “City”) as defendants.1 Plaintiffs allege the City and two of its employees were negligent in selling one of the dogs from the City's K‐9 unit to its handler, who then left the City's employment. On February 28, 2018, Plaintiffs filed a se...
2020.12.10 Motion to Stay, to Consolidate Actions 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...h her company Wapita, was Machado's bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The cri...
2020.12.10 Motion to Lift Stay 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...ookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The criminal complaint was filed on February...
2020.12.09 Petition for Writ of Administrative Mandamus 035
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...initially awarded Petitioner sufficient points to put it in line for a Permit, Petitioner was disqualified under San Luis Obispo Municipal Code section 9.10.070(C)4, which provides for automatic disqualification if the applicant made one or more false or misleading statements or omissions in the application process. Petitioner now petitions pursuant to Code of Civil Procedure section 1094.5 for administrative mandamus. The Petition seeks a writ o...
2020.12.09 Motion for New Trial 169
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...ervatee's motion for a new trial on Michalle's petition for appointment of a temporary conservator of the Estate of Diane McCoy. A motion for new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. (Code Civ. Proc., § 657.) Relevant to this motion, a new trial may be awarded where there is “newly discovered evidence, material for the party making the application, which ...
2020.12.09 Demurrer, Motion to Strike 446
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.09
Excerpt: ...eges that after assuming the running of the Business, the revenue was not that as indicated in the profit and loss statements provided by Defendants prior to entering into the contract. On February 13, 2020, Plaintiff filed its First Amended Complaint (“FAC”) against SMTMS II, Inc. (“Seller”), SMTMS, Inc., Jana Takaoka, Danny Takaoka, Phillip Hosch, and Karen Hosch. The first five causes of action are alleged against all Defendants, and t...
2020.12.02 Motion to Set Aside Default, Judgment 193
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.02
Excerpt: ...o Code of Civil Procedure section 473.5, on the grounds of lack of actual notice of the proceedings in time to defend. Pinnacle opposes the motion. Wek declares that he was not in the country at the time that Plaintiff filed suit, that he had no knowledge of the case due to the inability to be served, and that he was living in a foreign country from 2009 to 2017. Defendant provides no further details as to where he was living, the precise dates, ...
2020.12.02 Motion for Summary Judgment 242
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.12.02
Excerpt: ...ld administer the trust.” Petitioner is particularly concerned about two amendments to the Trust; the Second Amendment and Third Amendment. Thomas K. Thompson (Objector), one of the Thompsons' children, is a Trust beneficiary and filed an objection to the petition. Now before the Court is Petitioner's motion for summary judgment or, in the alternative, summary adjudication. The motion is unopposed. Legal Authority. “The purpose of a summary j...
2020.12.01 Motion to Quash Writ of Execution 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...��ZLG”), jointly and severally. On April 10, 2020, Collect Access, LLC (“Collect Access”) filed a motion to set aside the default and the default judgment entered against it, pursuant to Code of Civil Procedure sections 473 and 473.5 on the grounds that the judgment was void as a matter of law because Plaintiff failed to properly serve Collect Access. On June 17, 2020 a writ of execution was entered against ZLG and Collect Access. Plaintiff...
2020.12.01 Motion to Compel Further Responses 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...her husband Kurt Tom during their marriage, and that Kurt Tom pled no contest to one count of false imprisonment and one count of criminal threats. Plaintiff filed for divorce and has obtained a criminal protective order against Kurt Tom. Defendants served their Special Interrogatories, Set One on Plaintiff on May 15, 2020 (“the “Interrogatories”). On June 16, 2020, Plaintiff requested an extension of time to respond through July 7, 2020, w...
2020.12.01 Motion for Change of Venue 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.12.01
Excerpt: ...n the motion was continued to December 1, 2020, to allow for any further supporting documents to be filed by either party. Plaintiffs did file additional supporting documents, verifying by declarations that Plaintiffs had taken the necessary steps to place Defendant and his partner, Sean Ptaszenski, on the company's bank account with payments then to be made directly from that account to the Plaintiffs' personal accounts. Attached bank records co...
2020.11.25 OSC Re Preliminary Injunction 166
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.25
Excerpt: ...ks termination of the Trust, interpretation of the duty report and to compel trustee to report, breach of fiduciary duty and removal of trustee, financial elder abuse, and Probate Code section 850 relief (the “Petition”). Borja now moves on a preliminary basis to (1) remove Trustee and appoint a licensed private fiduciary in her place or, in the alternative, and (2) enjoin Trustee from distributing, disbursing, or selling any income or princi...
2020.11.25 Motion for Preliminary Injunction 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.25
Excerpt: ...6, 1996 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relie...
2020.11.19 Demurrer 138
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...ted that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse, and wrongful death. Plaintiffs allege that in December 2014 their father, Mauricio Cardenas, was a resident of the Manse on Marsh, and that Defendants, who owned the Manse, failed to use ordinary care in the management...
2020.11.19 Motion for Summary Judgment, Adjudication 516
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...s causes of action for (1) wrongful termination on the basis of disability in violation of the Fair Employment and Housing Act (FEHA); (2) failure to reasonably accommodate disability in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; and (4) failure to prevent discrimination in violation of the FEHA. Now before the Court is Defendants' motion for summary judgment or summary adjudication of the is...
2020.11.19 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ... and delivery, and (6) ejectment. Plaintiffs' lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, including “Su...
2020.11.18 Motion to Compel Responses 342
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.18
Excerpt: ...nt.1 The matter has been pending since that time. On December 27, 2019, Melanie served on Kevin2 (1) form interrogatories, set one; (2) requests for production, set one (“RFPs”); and (3) requests for admission, set one (“RFAs”). (Schroeder Decl., ¶ 2.) Because the discovery was personally served, Kevin had until January 26, 2020 to respond. (Code Civ. Proc., §§ 2030.260, 2031.260, 2033.250, 2016.050 [§ 1013 applies].) On January 21, 2...
2020.11.18 Motion for Preliminary Approval of Class Action Settlement 240
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.11.18
Excerpt: ...identify the inclusive dates of the pay period. The parties have now settled, and Plaintiff moves for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) Plaintiff served the motion and supporting documents on Defendant; no opposition or objection was filed. Plaintiff's motion seeks an order: 1) Preliminarily approving the Stipulation and Settlement of Class Action Claims (“Settlement Agreement” or “Joint...
2020.11.17 Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...plaint (FAC) alleges one cause of action for negligence. Plaintiffs FAC's alleges that on September 16, 2018, Harley Nicole McGrew Lujan (Decedent) was riding on the back of Mr. Pavone's Harley Davidson motorcycle, proceeding eastbound on State Route 46 east of Arbor Road at approximately 65 miles per hour. (FAC, ¶ 1.) Plaintiffs allege that Mr. Pavone lost control of the motorcycle and “proceeded forward and collided with” Mr. Terrizzi's ve...
2020.11.17 Motion to Compel Further Responses 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. On July 22, 2019, Columbia filed a cross‐complaint against Anthony1 ; Premier Packaging Group, LLC dba Lindamar Industries (Premier); Michael Kittredge; Peter K. Tur; Harry T. Greenhouse; Diane K. Todrin; and MK III Company, LLC. Columbia's first amended cross‐ complaint (FACC) alleges causes of action for (1) breach of writte...
2020.11.17 Motion to Compel Arbitration 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ... termination, infliction of emotional distress, and retaliation, among other things. Finally, the complaint also states a claim under the Private Attorney's General Act (“PAGA”). On August 11, 2020, the Court designated the matter as complex under California Rules of Court, rule 3.403. Currently before the Court is Defendant's motion to compel arbitration filed pursuant to Code of Civil Procedure section 1281.7 (i.e., in lieu of answering the...
2020.11.17 Motion for Summary Judgment 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...r about June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alle...
2020.11.17 Motion for Leave to File SAC 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...s performed by Dr. Chalekson. Dr. Chalekson moved for an order striking those portions of the FAC that concern any medical care by Dr. Chalekson prior to October 2018, arguing that Code of Civil Procedure section 340.5 bars bringing a claim after more than a year has passed since discovering an injury. Pursuant to that motion, the Court struck the allegations from the FAC which sought to state a breach of the standard of care based on acts prior ...
2020.11.17 Motion for Leave to File Amended Complaint 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ol business property located in Templeton. An altered deed of trust securing that loan had interlineations that made it appear the encumbered property was McTeer's home in Atascadero, rather than the correct Templeton property. The parties do not dispute that the loan intended the collateral to be McTeer's Templeton business property. Ditech's action seeks to correct the deed of trust to reflect the correct property. On August 31, 2018, McTeer fi...
2020.11.17 Motion for Attorney Fees 154
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.11.17
Excerpt: ...ugent. (20CVP‐0155). Both actions arise out of a neighbor dispute. Casey Nugent and Paul Nugent (collectively “Respondents”) both filed oppositions to the petitions. Petitioner thereafter filed Requests for Dismissal as to the entire action of all parties and all causes of action, and on July 7, 2020, dismissals without prejudice were entered in both actions. Respondents, who were both represented by the same counsel, now bring a motion for...
2020.11.12 Petition to Release Property from Mechanic's Lien 548
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...

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