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1889 Results

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2022.10.06 Motion to Enter Judgment 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.10.06
Excerpt: ...sing the action under the conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6 (the Order). The Order provides that: The court hereby approves the settlement of the parties and orders that judgment be entered upon the application of plaintiff pursuant to stipulation in the event the defendant shall default on any of the terms of the settlement as set forth in the stipulation. Plaintiff's a...
2022.10.04 Motion to Compel Further Responses 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...s of record in the amount of $2,205. Ford opposes the motion. Plaintiff served his first set of requests for production (RFPs) on May 17, 2022. (Declaration of Armando Lopez (Lopez Dec.), ¶ 3; Ex. A.) On June 16, 2022, Ford served responses. (Id., ¶ 4; Ex. B.) Plaintiff contends the responses were not code‐ compliant, contained numerous objections, and failed to include a production of documents. (Ibid.) On June 27, 2022, Plaintiff initiated ...
2022.10.04 Motion for Leave to File Complaint 100
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...ner in a personal injury action against the other driver (Case No. 18CVP‐0338).1 The personal injury action ultimately settled for $37,000. CCPMS and Galileo asserted liens, totaling $23,475.36, against the settlement proceeds. After payment of attorney's fees and costs, Harris currently holds $16,165.02 in her client trust account. In light of the competing claims, Harris filed this complaint in interpleader on April 20, 2022, against CCPMS, G...
2022.09.29 Motion to Vacate and Set Aside Clerk's Defaults and Judgment 645
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ...d against Defendants on December 27, 2021. On January 12, 2022, a default judgment was entered against Defendants. An amended judgment was filed on February 1, 2022 and notice of entry of judgment was filed and served on Defendants on February 2, 2022. On March 21, 2022, Defendants filed a motion to set aside the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b), on the grounds of excusable neglect. Pl...
2022.09.29 Motion for Bench Trial 158
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ...on for declaratory relief and quiet title. On May 2, 2019, Eureka filed a cross‐complaint against Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for declaratory relief and quiet title. 1. 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 lessee,1 for use of the ...
2022.09.29 Motion for Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ... (Business and Professions Code section 17200, et. seq.). Plaintiff moved for summary adjudication. The Court granted summary adjudication of the first two causes of action for civil penalties under Labor Code section 226, subdivision (f) [payroll records], and Labor Code section 1198.5, subdivision (k) [personnel records], as well as Plaintiff's claim for attorney fees and costs under Labor Code section 1198.5 pursuant to motion. The Court denie...
2022.09.27 Motion to Vacate and Set Aside Confession of Judgment 143
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...court places its imprimatur when submitted to the clerk for entry. [Citation.]” (Efstratis v. First Northern Bank (1997) 59 Cal.App.4th 667, 672 (Efstratis).) The Confession of Judgment was accompanied by the required declaration of counsel confirming he had advised his clients, Nicola Allegretta and Carmen Escobeda (Defendants), of the waiver of their rights and defenses under the confession of judgment procedure. (Merzon Supp. Decl., ¶ 2; Co...
2022.09.27 Motion for Reconsideration 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...26, 2022 after the Court sustained, in part, Defendant Puckett's demurrer. A hearing on the Plaintiff's motion for preliminary injunction was held on July 12, 2022 at which time the Court denied the Plaintiff's motion. Now before the Court is Plaintiff's motion for reconsideration pursuant to Code Civil Procedure section 1008. Under that section, a party affected by a prior court order “may, within 10 days after service upon the party of writte...
2022.09.27 Demurrer 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...ed the demurrer as to the defamation claim and granted leave to file an amended complaint against Puckett for intentional infliction of emotional distress. On April 26, 2022 Plaintiff filed her First Amended Complaint (FAC). The FAC outlines the escalating feud between the parties regarding noises alleged caused by roosters, dogs and explosives kept or used by Defendants. As a result of the ongoing conflict, Puckett3 and Beltran III4 both obtaine...
2022.09.22 Special Motion to Strike, Demurrer 385
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.22
Excerpt: ...2022, Daniel's wife, Kristin Ciecek, filed a CHRO request against Ingham (San Luis Obispo Superior Court Case No. 22CV‐0072). ‐ On February 22, 2022, Ingham filed a CHRO request against Daniel (San Luis Obispo Superior Court Case No. 22CV‐0085). On April 25, 2022, after two days of hearings, the Court denied Ingham's request for a restraining order and granted Kristin's request for a restraining order. The Court issued a three‐ year restr...
2022.09.22 Motion for TRO and Preliminary Injunction 689
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.22
Excerpt: ... Trust UDT dated 2/27/01, and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiff's Motion for Temporary R...
2022.09.15 Demurrer 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...
2022.09.15 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his s...
2022.09.15 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...lileo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed...
2022.09.15 Motion to Set Aside Dismissal 070
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... appear at a case management conference. As a result, the Court set an OSC re Dismissal for hearing on September 14, 2021. On May 24, 2021, Plaintiff filed an ex parte Application for Writ of Possession and a request for a TRO. At a hearing conducted on July 6, 2021, the Court found that Plaintiff had established the probable validity of his claim to possession of the Jeep, and probable cause to believe it was located at Defendant's property in A...
2022.09.14 Motion to Strike 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...
2022.09.14 Motion to Set and Fix Amount of Bond 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defen...
2022.09.14 Motion for Preliminary Approval of Class Action Settlement 016
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...
2022.09.13 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...
2022.09.13 Motion for Evidentiary Sanctions, to Compel Responses, for Monetary Sanctions 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...
2022.09.01 Motion to Set Aside Dismissal 001
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...
2022.09.01 Motion to Enforce Settlement 617
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...
2022.09.01 Motion for Summary Judgment, Adjudication 610
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...
2022.09.01 Motion for Leave to File Amended Answer 644
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...
2022.08.25 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ...eo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed hi...
2022.08.25 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...
2022.08.24 Motion to Enforce Settlement 169
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...inst Successor Trustee, Kristen R. Barba (“Respondent”). On April 3, 2021, the parties entered into settlement agreement pursuant to which they agreed to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”) (“Agreement”.) On January 24, 2022, the parties appeared before the Court for an Order to Show Cause re: Dismissal hearing. At that time, all the terms of the Agreement had been comple...
2022.08.24 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ..., or in the alternative summary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposed the motion. Prior to the initial hearing on the motion, the Court posted a tentative ruling that anticipated denying the motion on the grounds that Plaintiff had not made the requisite showing. At the hearing, counsel provided further information, and t...
2022.08.24 Motion to Compel Compliance with Deposition Subpoenas 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...n subpoenas that were personally served on two non‐party witnesses: Kevin De La Cruz (De La Cruz) and Jimmy Cervantes (Cervantes) (the Deponents). The Deponents both failed to appear at their depositions, and Defendant's counsel made a record of the non‐appearances and now seeks monetary sanctions against the deponents, as well as an order compelling them to comply. When the motions initially came on calendar, they had not been served on the ...
2022.08.23 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...adero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is “a public entity.” Despite two c...
2022.08.23 Demurrer 242
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...r part of a tree when the lift came into contact with an electrical wire. (FAC, ¶¶ 1, 10.) The contact caused electric current to pass through his body causing him injury. (FAC, ¶ 1.) The incident took place on November 23, 2019. (FAC, ¶ 10.) The FAC names PG&E as a defendant in the fourth (strict liability), fifth (loss of consortium), and sixth (negligence) causes of action. Before the Court is PG&E's demurrer to the fourth cause of action....
2022.08.18 Petition for Writ of Administrative Mandamus 554
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...��) is attached to the Petition. “[I]n the absence of the administrative record, the sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.” (Caveness v. State Personnel Bd. (1980) 113 Cal.App.3d 617, 630.) I. BACKGROUND On March 31, 2021, the District sent a Notice of Intended Disciplinary Action – Termination to Crawford, which included an investigati...
2022.08.18 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 479
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...xecuted a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befor...
2022.08.18 Motion to Compel Second Deposition 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ... the Court is Plaintiff's motion to compel Williams to appear at second deposition and request for monetary sanctions in the amount of $4,500.00. Legal Authority “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code...
2022.08.18 Motion to Compel Production of Docs, for Monetary Sanctions 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...duce documents and for monetary sanctions in the amount of $4,500 against Guimaraes and/or his counsel. Discussion At the outset, it is unclear to the Court to which set of discovery Plaintiff seeks further responses and responsive documents. Plaintiff first outlines requests for production that were served on the Guimaraes Defendants (one to Guimaraes, and one to Central Coast Behavioral Health) on February 8, 2021. To the extent Plaintiff seeks...
2022.08.17 Motion to Bifurcate 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...vid R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to properties near Lake Nacimiento due to the Chimney Fire. Shortly before the Chimney Fire, Plaintiff Paul Atkins and his brother Gary A...
2022.08.17 Motion to Compel Further Responses, for Monetary Sanctions 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ... Lime Mountain Livestock, LLC (Lime Mountain) filed a lawsuit (San Luis Obispo Superior Court Case No. 18CVP‐0101) against Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Ric...
2022.08.17 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...ary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposes the motion. I. Legal Standard Section 437c(h) provides that: If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be present...
2022.08.11 Motion to Enforce Peremptory Writ of Mandate and Award 516
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.11
Excerpt: ...itioner's motion for issuance of peremptory writ of mandate. Petitioner's four causes of action under the Fair Employment and Housing Act (FEHA) remain at issue. Petitioner sought an order addressing the remedy to be awarded on the writ. On June 16, 2022, the Court heard oral argument from the parties regarding their respective positions. At this hearing, Respondents argued that the Court should not enforce the writ and award until a final judgme...
2022.08.10 Motion to Strike or Tax Costs 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...ff's five causes of action are alleged against both Defendants, and both Defendants are represented by the same counsel. On March 29, 2022, Plaintiff filed a voluntary dismissal without prejudice for all causes of action against Hefele. The action remains pending against Brown. On April 13, 2022, Hefele filed her Memorandum of Costs After Judgment seeking $20,449.55 in costs. Plaintiff now moves for an order taxing and striking the costs claimed ...
2022.08.10 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...
2022.08.10 Motion for Judgment on the Pleadings 085
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...
2022.08.09 Motion to Vacate Dismissal, to Enter Judgment 428
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ...inst Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement, and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to v...
2022.08.09 Motion to Compel 287
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ... advantage, and (5) preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Martinez and PS filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions C...
2022.08.03 Motion to Vacate Court Order 044
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...
2022.08.03 Motion to Strike FAC 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...
2022.08.03 Demurrer to SAC 096
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...
2022.08.03 Demurrer to FACC 112
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...
2022.08.03 Demurrer 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...
2022.07.27 Motion to Quash 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) 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 recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...

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