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2020.07.30 Demurrer 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ...Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a ...
2020.07.22 Motion for Summary Judgment, Adjudication 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...ment or, in the alternative, summary adjudication of the second cause of action for breach of promissory note1 . No opposition is on file. Plaintiffs' proof of service evidences that Defendant was timely served with this motion. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Ca...
2020.07.22 Demurrer 782
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...ffs' first cause of action for inverse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint did not state facts sufficient to state a cause of action for inver...
2020.07.22 Demurrer 644
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.22
Excerpt: ...a demurrer to the complaint filed by Raymond Cuellar, Adrian Cuellar, and Ruben Cuellar, collectively the Cuellar Defendants. Legal Authority. A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc., §§ 422.10, 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A de...
2020.07.21 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.21
Excerpt: ...��) to Plaintiff's known vendors, and then proceeded to deposit these checks into her personal accounts held at Chase and Ally Bank (“Ally”). Wilde, Sierra, and Ally are also named as defendants.1 Plaintiff seeks damages covering a three‐year period from September 2016 through June 2019. In response to the Court's ruling on a prior demurrer, Plaintiff filed a first amended complaint (“FAC”) on February 18, 2020. The FAC sets forth the f...
2020.07.16 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...d a limited liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 own a 50% membership interest in the LLC, which was managed by a board of managers comprised of tw...
2020.07.16 Motion for Summary Judgment 657
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...y and post‐operative care, Defendants lacked reasonable skill and care, causing unintended injury to Plaintiff. Plaintiff alleges he was left with temporary blindness, and underwent additional corrective medical procedures due to the complications caused by the injury to his eye. Now before the Court is Defendants' motion for summary judgment. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that mat...
2020.07.15 Petition for Writ of Mandate 321
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...dence, and two storage sheds. (AR 0183.) The application proposed indoor cannabis cultivation and processing in the eastern 2.5‐acre section of the existing nursery (the “Project”), with the western half of the greenhouse continuing its cucumber operations. In addition, the Project proposed a new 3,000‐square foot building in which 300‐square feet would be used for a non‐storefront dispensary and the remaining 2,700‐ square feet wou...
2020.07.15 Motion to Set Aside Default 090
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...ust Company. On May 13, 2019, default was entered against Citibank, N.A. Defendants Wilmington Trust National Association, Successor Indenture Trustee to CitiBank. N.A., as Indenture Trustee for the GreenPoint Mortgage Lending Trust 2007‐HE1 (“Wilmington”) (allegedly erroneously sued as Wilmington Trust Company a wholly owned subsidiary of M&T Bank) and BANA (collectively, “Defendants”) now move the Court to set aside the entry of defau...
2020.07.15 Motion for Leave to File Amended Complaint 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ... action for (1) breach of fiduciary duty, (2) negligence, (3) intentional misrepresentation, (4) concealment, and (5) negligent misrepresentation. After this Court's ruling on Defendants' motion for summary judgment/adjudication, Plaintiff's causes of action for breach of fiduciary duty and negligence remain pending. Plaintiff's lawsuit stems from her purchase of real property in Los Osos. Cambria was Plaintiff's broker and Mr. Koontz (also a bro...
2020.07.15 Motion for Attorneys' Fees 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...st 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”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or the “Commission”) was the on...
2020.07.15 Motion for Attorney's Fees 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.15
Excerpt: ...er the Song‐Beverly Act (the Act). After this Court denied Plaintiffs' motion for summary adjudication, the parties settled. Plaintiffs now move for their attorneys' fees and costs. Plaintiffs request a total award of $179,955.25, consisting of $137,823.50 in fees; $14,958.22 in costs and expenses; a lodestar multiplier enhancement in the amount of .15, or $20,673.53 ($137,823.50 x .15); and $3,500 in anticipated costs for drafting a reply brie...
2020.07.14 Demurrer, Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...ort which was created during an investigation into his allegations of dependent adult abuse and neglect when his dietary requests were denied. On February 13, 2020, Plaintiff filed a first amended complaint (“FAC”)1 setting forth “Claim I” against ASH, “Claim II” against Beraud, and “Claim III” against Austin. Defendants responded by filing the demurrer and motion to strike currently on calendar. The demurrer argues that Claim I a...
2020.07.14 Motion to Amend Judgment 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.14
Excerpt: ...t of Barton County, Kansas, Case No. 2015‐CV‐000055. The original Kansas judgment was entered against Schaefers, Valentin Alexandrov (“Val”)1 and Jacob Gitman. 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 denied the p...
2020.07.09 Motion to Consolidate 110
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...nlawfully sexually harassed, battered, and assaulted several female students. The first lawsuit was filed on August 16, 2018 by Jane S.G. Doe, and names as Defendants Lucia Mar Unified School District (Lucia Mar), the High School, and Mr. Magdaleno (referred to as the 2018 Action, San Luis Obispo Superior Court Case No. 18CV‐0503). The 2018 Action alleges causes of action for (1) negligent supervision (against Lucia Mar and the High School), (2...
2020.07.09 Motion for Summary Judgment, to Compel, to Strike 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants PSHHC and TDG. Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. Plaintiff alleges that on May 16, 2017, Wi‐Fi internet service with ten routers was installed in the Apartments. Plaintiff contends t...
2020.07.09 Motion for Summary Judgment, Good Faith Settlement 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. Motion for Summary Judgment GMC moves for summary judgment against Plaintiff and Intervenor Alaska National Insurance Company2 . pursuant to Code of Civil Procedure section 437c, on the ground that no triable issue of material fact exists, and that GMC is entitled to summary judgment as a matter of ...
2020.07.08 Motion to Quash Subpoenas, to Permit Second IME 248
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: ...nta Rosa and Monterey. Now before the Court are two motions: (1) Plaintiff's motion to quash deposition subpoena; and (2) Defendant's motion to permit a second independent medical examination (IME) of Plaintiff. Motion to quash. Defendant served two deposition subpoenas and notices to consumer requesting Plaintiff's pharmacy records from the pharmacies identified in Plaintiff's medical records that have already been produced. Plaintiff objected t...
2020.07.08 Demurrer 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: .... Plaintiff alleges that in November 2015, he was involved in a motor vehicle collision where he sustained injuries to his left shoulder area, and for which he subsequently filed a lawsuit. (Complaint, ¶ 9.) Plaintiff alleges that Defendant was retained by the defendants in that action to conduct an independent medical examination (“IME”) on Plaintiff. (Id., ¶ 10.) Plaintiff alleges that Defendant “poked and prodded Plaintiff's non‐coll...
2020.07.08 Demurrer 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: ...�Cal‐West”) (collectively “Defendants”). Plaintiffs allege six causes of action, for (1) breach of contract; (2) breach of implied warranty of habitability/tenantability (Civ. Code, § 1941, Health & Saf. Code, § 17920.3, et seq.); (3) breach of implied warranty of quiet enjoyment (Civ. Code, § 1927); (4) negligence; (5) retaliatory acts (Civ. Code, §§ 1940.2, 1942.5); (6) violation of Rosenthal Fair Debt Collection Practices Act (the...
2020.07.08 Demurrer 062
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.08
Excerpt: ...e theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Goldberg and Coastal Oral's demurrer to the second cause of action for products liability. Specifically, they argue the complaint (1) fails to include facts sufficient to state a cause of action for products liability; and (2) the second...
2020.07.07 Petition to Compel Arbitration 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...ut performance was to occur both in Paso Robles and Shelby, Michigan. Paragraph 11(B) of both contracts provides as follows: Any dispute arising under this Agreement shall be subject to binding arbitration by a single Arbitrator, in accordance with relevant industry rules, if any. The parties agree that this Agreement shall be governed by and construed and interpreted in accordance with the laws of California. The arbitration shall be held in Cal...
2020.07.07 Motion for Summary Judgment 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...fendants' motion for summary judgment. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the pleadings need not be tried because they are not in dispute.” (Andalon v. Sup. Ct. (1984) 162 Cal.App.3d 600, 604‐605.) The moving party has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to a judgment as a m...
2020.07.07 Demurrer, Motion to Strike, to File Records Under Seal 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.07.07
Excerpt: ...nation in violation of public policy; (5) retaliation in violation of Labor Code section 1102.5; and (6) unfair business practices in violation of Business and Professions Code section 17200. Plaintiffs' complaint alleges that, in 2007, they purchased Lindamar Industries, Inc., a company in the business of manufacturing custom plastic bags. (Compl., ¶ 7.) Plaintiffs allege that in 2016, Premier Packaging Group acquired Lindamar, and continued to...
2020.07.02 Motion for Preliminary Injunction 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...
2020.07.02 Demurrers, Motion to Strike 252
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...
2020.07.02 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's 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, inc...
2020.07.02 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...
2020.07.02 Motion to Tax Costs 389
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...
2020.07.01 Petition for Writ of Mandate 321
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ...l circumstances' exception at issue here. That exception provides that a categorical exemption may not be used ‘where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.' (Guidelines, § 15300.2, subd. (c).) (World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, 491 [internal citations omitted].) Two alternative analyses apply when determining ...
2020.07.01 Motion to Quash 002
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ... request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt. On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. P...
2020.07.01 Motion to Amend Protective Orders 083
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ...om Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked i...
2020.06.30 Motion to Set Aside Default Judgment 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...
2020.06.30 Motion to Quash 144
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...insured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served via su...
2020.06.30 Motion for Attorneys' Fees 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...
2020.06.24 Demurrer 747
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...ontract (CC&Rs) (against Orradre), (3) professional negligence (against Martin), and (4) breach of written contract (management agreement) (against Martin). Plaintiffs allege they own commercial real property at 1550‐1566 West Branch Street in Arroyo Grande (Parcel B), and that Orradre Ranch (Orradre) owns commercial real property at 1570 West Branch Street in Arroyo Grande (Parcel A). (Compl., ¶¶ 1, 2.) Plaintiffs allege that Mr. Martin is a...
2020.06.24 Demurrer, Motion to Strike 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ... amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust d...
2020.06.24 Motion for Terminating Sanctions 257
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ... controlled by Union Pacific. (FAC, p. 4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuri...
2020.06.24 Motion to Compel Depositions of Third Parties 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. On November 22, 2016, Decedent's son, Keith McKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended pe...
2020.06.24 Motion to Compel, Demurrer 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims 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), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...
2020.06.23 Motion for Preliminary Injunction 282
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.23
Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...
2020.06.23 Demurrer 247
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.23
Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...
2020.06.18 Motion to Stay Civil Proceedings 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...
2020.06.18 Motion for Trial Preference 328
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... trial setting under Code of Civil Procedure section 36,1 which provides as follows: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in litigation. P...
2020.06.18 Motion for Summary Judgment, Adjudication 115
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...orth various affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is US Bank's motion for summary judgment, or in the alternative summary adjudication. The motion addresses the first two causes of action. No opposition has been filed. As an initial matter, the Court grants US Bank's request for judicial notice. (Evid. Code, § 452(a)‐(c).) As the moving party, US Bank has the initial burden ...
2020.06.18 Motion for Summary Judgment 807
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... (the Citation) against Plaintiff, assessing a penalty in the amount of $17,100. (Compl., p. 4, ¶¶ 1, 2.) Plaintiff alleges the Citation asserts certain regulatory failures and that such failures presented an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result. (Compl., p. 4, ¶ 3.) Plaintiff alleges that the asserted regulatory failures did not occur, “or were ...
2020.06.18 Motion for Preliminary Injunction, to Compel Responses 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...
2020.06.18 Motion for Good Faith Settlement Determination 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...
2020.06.17 Motion for Joinder, to Enforce Settlement 309
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.17
Excerpt: ... 2015 Memorandum of Agreement (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.) As outlined in the instant motion, the Subdivision is served by a water delivery system (the Water System) which was initially owned by T&A Properties Wa...
2020.06.17 Motion for Summary Judgment 298
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.17
Excerpt: ...ant failed to pay as required by the terms of the contract. Plaintiff served the motion and supporting documents on Defendant, but Defendant failed to file an opposition. As the moving party, Plaintiff has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Proc. §437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) P...
2020.06.17 Motion to Compel Further Responses 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.17
Excerpt: ...ach of fiduciary duty; (3) fraud; (4) accounting and production of documents; (5) injunctive relief and constructive trust; (6) intentional interference with contractual relationship; and (7) negligent interference with contractual relationship. On October 8, 2019, Benham and Bening (collectively “Defendants”) filed a Cross‐Complaint against Plaintiffs, alleging five causes of action, for (1) fraud; (2) fraud and deceit; (3) accounting; (4)...
2020.06.17 Motion to Compel Responses, Demurrer 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.17
Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims 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), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...
2020.06.11 Motion to Strike Complaint and Demurrer 199
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.11
Excerpt: ...intiff filed his First Amended Complaint later that same day (“FAC”). Quest demurred to Plaintiff's FAC, and moved to strike the relief requested by Plaintiff. Plaintiff opposed the demurrer and motion to strike. Quest's demurrer was overruled as to Plaintiff's second cause of action under the UCL, and sustained with leave to amend as to Plaintiff's first cause of action for declaratory relief. Quest's motion to strike was granted in its enti...
2020.06.11 Motion to Dismiss on Grounds of Inconvenient Forum 726
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.11
Excerpt: ...ars. The BMW was leased from Manhattan. Manhattan has now specially appeared and filed a motion to dismiss the action on the ground of inconvenient forum, along with supporting declarations and exhibits. When the hearing first came on calendar for this motion, Manhattan's proof of service only showed electronic service of the motion on Plaintiff. Plaintiff is self‐represented and the Court has no record that he has expressly consented to electr...
2020.06.11 Motion to Compel Further Responses 663
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.11
Excerpt: ...rneys General Act, Labor Code section 2698, et seq. (“PAGA”). On July 10, 2019, Plaintiff filed her Second Amended Complaint (“SAC”) which alleges a single cause of action under PAGA. Plaintiff served her First Set of Special Interrogatories (the “Interrogatories”) and First Set of Requests for Production (the “Requests”) (collectively the “Discovery”) on July 24, 2019. Defendant's responses were served on August 27, 2019. The...
2020.06.09 Motion to Compel 191
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.09
Excerpt: ...Interrogatories (Set One) and Special Interrogatories (Set One) (collectively the “Discovery”) on Sims, through her attorney of record. Sims responded on January 7, 2020, objecting to all of the Discovery requests as untimely under Family Code §218 and Code of Civil Procedure §2024.020 because trial on the post‐judgment1 pleadings before the Court was set for January 7, 2020. On January 24, 2020, Porter's counsel sent a letter to meet and...
2020.06.09 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.09
Excerpt: ...his action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that with respect to each...
2020.06.03 Motion to Quash Service of Summons 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.03
Excerpt: ...f the assets to be placed in trust. Income is to be paid 50% to Petitioner and 50% to decedent's grandchildren until Petitioner dies. Upon Petitioner's death, all passes to the grandchildren. Petitioner claims she received a distribution of the house in Morro Bay, and $10,000 cash in 2015, but nothing since that time. Petitioner alleges that a number of assets make up the remaining trust estate and that she should have received more. Petitioner a...
2020.06.03 Motion for Summary Judgment, Adjudication 391
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.03
Excerpt: ...hantability; (4) breach of implied warranty of fitness for a particular purpose; (5) express warranty; (6) unfair and deceptive acts or practices; and (7) negligence. Bradley is a “drift” racecar driver. (Douglas Decl., ¶ 2.) Drifting is a technique where the driver intentionally oversteers, causing the car to experience a loss of traction in the rear wheels, or on all tires, while the driver maintains control of the vehicle and continues to...
2020.06.03 Motion for Relief Against Forfeiture Pending Appeal or to Set Aside Judgment 642
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.03
Excerpt: ..., Space 52, in Los Osos (the Property). Plaintiff alleges that on February 20, 2008, Roger1 and Betty Jean agreed to rent the Property on a month‐to‐month basis per a written agreement, for $617.44 per month, with periodic monthly rental increases thereafter. Plaintiff alleges all four Defendants were served with a 60‐day notice to quit via substituted service on June 29, 2019. On August 12, 2019, Darcel Dick and Robert Osinksi2 , at that t...
2020.06.03 Demurrer, Motion to Strike 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.03
Excerpt: ...amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust du...
2020.06.02 Demurrer 701
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.02
Excerpt: ...ments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint pleads causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requests that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages because Defendant's actions “were made with the desire to harm and reckless disregard of my rights and caused me approxi...
2020.06.02 Motion to Compel Further Responses 133
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.02
Excerpt: ...also survived by his wife, another daughter, and his stepson. In addition to their appointment as the personal representatives, the Administrators also sought to probate a will signed by Charles in 1991. The will provided that Charles' personal property and household effects should be distributed to his wife Marian, and the remainder to the Charles A. Pratt Living Trust (the “Trust”). The Administrators were issued letters of special administ...
2020.06.02 Motion to Certify Meal Break Subclass 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.02
Excerpt: ...ued its ruling on Farias' motion to certify a class and seven (7) subclasses (the “October 2019 Ruling”).2 The Court granted the majority of the requests (some conditioned on submission of a sufficient trial plan), but denied certification of the Meal Break Subclass. Farias asserted three theories of liability for the Meal Break Subclass. First, that the Defendants' meal break policy violated Wage Order 14‐2001; second, that Defendants fail...
2020.06.02 Motion to Intervene 036
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.02
Excerpt: ... (Turner) filed a separate class action against Defendant (the Turner Action), also alleging various Labor Code violations. This second action was filed with the Santa Barbara County Superior Court. An amended complaint, adding Beatriz Ochoa (Ochoa) as a plaintiff, was filed in February 2019. On March 5, 2019, Turner filed a request for dismissal of her claims, leaving Ochoa as the sole plaintiff. On April 3, 2019, Ochoa petitioned the Chairperso...
2020.04.23 Motion to Intervene 036
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.04.23
Excerpt: ...n April 2019. On December 11, 2018, Kelli Turner (Turner) filed a separate class action against Defendant (the Turner Action), also alleging various Labor Code violations. This second action was filed with the Santa Barbara County Superior Court. An amended complaint, adding Beatriz Ochoa (Ochoa) as a plaintiff, was filed in February 2019. On March 5, 2019, Turner filed a request for dismissal of her claims, leaving Ochoa as the sole plaintiff. O...
2020.04.23 Motion to Compel Responses to Supplemental Discovery 113
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.04.23
Excerpt: ...lemental request for production of documents on Plaintiff (“the “Supplemental Discovery”). (Flynn Decl., Exhs. A, B.) Responses were due to the discovery on May 10, 2019. As of the date the motion was filed, February 10, 2020, no responses had been received and Defendants moved to compel responses to the Supplemental Discovery and for sanctions against Plaintiff and his counsel of record, Dustin Tardiff. Plaintiff opposes the motion. No rep...
2020.04.16 Motion to Strike Amended Complaint and Demurrer 199
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.04.16
Excerpt: ...aintiff filed his First Amended Complaint later that same day (“FAC”). Quest demurred to Plaintiff's FAC, and moved to strike the relief requested by Plaintiff. Plaintiff opposed the demurrer and motion to strike. Quest's demurrer was overruled as to Plaintiff's second cause of action under the UCL, and sustained with leave to amend as to Plaintiff's first cause of action for declaratory relief. Quest's motion to strike was granted in its ent...
2020.04.16 Demurrer 701
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.04.16
Excerpt: ...nt “engaged in operational judgments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint pleads causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requests that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages because Defendant's actions “were made with the desire to harm and reckless disregard o...
2020.03.17 Motion to Compel Further Responses, Request for Sanctions 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.17
Excerpt: ...13. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The parties attended mediation on May 9, 2019, but no settlement was reached. On May 30, 2019, Ford accepted Plaintiff's section 998 offer. Plaintiff states th...
2020.03.17 Discovery Motions 108
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.17
Excerpt: ...al infliction of emotional distress, quiet title, reconveyance, violations of the California Homeowner Bill of Rights, violations of Business and Professions Code section 17200 and declaratory relief, against Ditech, Affinia Default Services, and by way of Roe amendment, Federal National Mortgage Association (“Fannie Mae”). Motions to Compel Further Responses from Fannie Mae On August 9, 2019, McTeer served Fannie Mae with her first set of re...
2020.03.10 Motion to Allow Late Filing of Claim 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ...ition to damages caused by the fire, Plaintiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. Plaintiff filed a first amended complaint (“FAC”) on August 26, 2019, which set forth seven causes of action. Both Cal‐Fire and the County filed demurrers to...
2020.03.10 Motion for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ...ff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. 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 negligence, overruled the demurrer with respect to the second and thir...
2020.03.10 Demurrer, Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.10
Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...
2020.03.05 Demurrer 671
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.03.05
Excerpt: ...o state a cause of action and is uncertain. Plaintiff opposes the demurrer. The parties met and conferred prior to Defendant filing this demurrer. (See Declaration of Barbara S. Kilroy, filed December 6, 2019.) Plaintiff's second cause of action for breach of contract alleges that Defendant is a health care provider, that he established a physician‐patient relationship by undertaking employment to diagnose Plaintiff's medical condition and to p...
2020.03.05 Motion for Leave to Intervene 039
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.03.05
Excerpt: ...Beene assigned or subrogated his claims and demands against any person to State Farm. (Complaint, ¶ 5.) State Farm alleges that Storer caused collision damage to Beene's vehicle while it was lawfully parked on public streets in San Luis Obispo, California. (Id., ¶¶ 10, 11.) Century‐National Insurance Company (“Century”) now moves for leave to intervene in the action pursuant to Code of Civil Procedure section 387, on the ground that Cent...
2020.03.05 Motion to Modify Award 387
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.03.05
Excerpt: ...promised of $7,688.50 for his work as the general contractor, and $11,000 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6 ‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., couns...
2020.03.04 Motion for Summary Judgment 114
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.03.04
Excerpt: ..., against Mr. Tucker and Halcyon; (3) premises liability, against Halcyon; and (4) dangerous condition of public property, against the City. On January 21, 2019, the City filed a cross‐complaint against Halcyon and Mr. Tucker1 . The City's cross‐complaint alleges causes of action for equitable indemnity and declaratory relief against Halcyon. This lawsuit stems from a motor vehicle accident between Plaintiff, driving his Harley Davidson motor...
2020.03.04 Motion for Good Faith Settlement 639
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.03.04
Excerpt: ...nt Jones and Plaintiff, resulting in Plaintiff's lifelong severe and debilitating injuries. Plaintiff and Jones have reached a settlement, and Jones moves for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and Jones have agreed to settle Plaintiff's claims against him for his $1.5 million Farmers Insurance policy limits in exchange for Plaintiff's covenant not to execute ag...
2020.03.04 Motions to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.03.04
Excerpt: ...son, Keith McKibben (“Petitioner”), filed a petition 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. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges Respondent breached her fiduciary du...
2020.03.03 Motion to Withdraw Admissions 026
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
Excerpt: ...d and wife. Plaintiff alleges CWS became delinquent on its account with Plaintiff and owes an outstanding balance of $43,502.91. On March 21, 2018, Mr. D'Amico, represented by counsel, filed an answer to the complaint. (D'Amico Decl., ¶ 3.) On June 5, 2018, Mr. D'Amico's former counsel withdrew from representation and Mr. D'Amico was in pro per. (Id. at ¶ 4.) Mr. D'Amico remained in pro per until December 27, 2019 when new counsel substituted i...
2020.03.03 Demurrer, Motion to Strike 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
Excerpt: ... negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. Individual defendants Perez and Rovenstine are alleged to be employed with the County. (Compl., ¶¶ 2, 3.) Plaintiffs' lawsuit relates to their property located at 6295 Toro Creek Road in Atascadero (the Property). Plaintiffs allege that, since the time they purchase...
2020.03.03 Demurrer 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.03.03
Excerpt: ...rvices and goods rendered, (3) unjust enrichment, and (4) promissory estoppel. Plaintiff's complaint alleges that a patient identified as C.R. had a total hip replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its...
2020.02.27 Motion for Monetary Sanctions 561
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.27
Excerpt: ...before an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already a...
2020.02.27 Demurrer 547
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.27
Excerpt: ...nly lists one cause of action for “intentional tort.” Plaintiff seeks compensatory damages and punitive damages in the amount of $4,000. (Compl., ¶ 14.) Plaintiff's complaint centers around his Sony boombox, which he alleges was confiscated by Defendants. (Compl., p. 4, ¶ 2.) Plaintiff's intentional tort cause of action pleads “intentional infliction of emotional stress [sic] with malice to cause prisoner harm pursuant to C.C.R. title 15,...
2020.02.26 Demurrer, Motion to Strike 450
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.26
Excerpt: ...se Inc. (Custom House) (collectively Cross‐Defendants), alleging causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. This lawsuit relates to commercial property known as Alex's BBQ (the Property), located at 853 Shell Beach Road in Pismo Beach. Plaintiff is alleged to be the owner of the Property. (Compl., ¶ 1.) Plaintiff alleges that it obtained a Coastal Development Permit to tea...
2020.02.26 Demurrer 200
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.26
Excerpt: ...trustee's sale. Defendant demurred to Plaintiff's complaint on the grounds that it is barred by the doctrine of res judicata, that Plaintiff lacks standing, and that the complaint fails to state facts sufficient to constitute any causes of action against Defendant. The Court sustained Defendant's demurrer on the ground that the complaint stated no present controversy because the issues had already been adjudicated and were barred by res judicata,...
2020.02.26 Motion for Preliminary Injunction 395
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.26
Excerpt: ... replaced by Libbie Mahan (“Libbie”), Roberta Parson, and Lou Barbich (“Barbich”), pursuant to a settlement agreement. The first two co‐trustees are two of the Settlors' eleven children; the latter is Marcia's long‐time accountant. Management of the Trust has been subject to ongoing litigation (case number PR13‐0085).2 Mr. Barbich is currently the sole trustee pursuant to a court judgment dated November 25, 2015.3 On December 12, 20...
2020.02.26 Motion to Strike Complaint 536
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.26
Excerpt: ...ber 6, 2019, Epifanio filed a cross‐complaint against Plaintiff asserting causes of action for (1) interference with easement, (2) prescriptive easement, and (3) negligence. Plaintiff and Epifanio are neighbors with dueling easement claims. Plaintiff owns property located at 800 Ralcoa Way in Arroyo Grande (the Garl Property). (Cromp., ¶ 2.) Plaintiff alleges he conducts a tree service and firewood business on his Property. (Ibid.) Epifanio ow...
2020.02.25 Motion to Strike 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.25
Excerpt: ...le accident that occurred on May 30, 2018 on Nacimiento Lake Drive, south of Steelhead Road. (Compl., ¶ 11.) Plaintiff alleges that Ms. Venardos drove Mr. Ortiz's GMC Sierra truck at approximately 55 mph. (Compl., ¶ 12.) Plaintiff alleges Ms. Venardos negligently and recklessly failed to navigate a corner, lost control fo the vehicle, and struck Plaintiff head‐on, causing Plaintiff's vehicle to sustain major damages. (Compl., ¶ 13.) Plaintif...
2020.02.25 Motion for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.25
Excerpt: ...ntiff alleges damages arising from the County's (a) subsequent code enforcement when, after the fire, he moved to an empty lot which he owns in Cambria, California; and (b) actions in connection with the criminal proceedings against Mr. Macagni. 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 negligence, overruled the demurrer with respect to the second and t...
2020.02.20 Special Motion to Strike, for Sanctions 166
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.20
Excerpt: ...one cause of action for fraud on the court (the “Complaint”). After Plaintiff filed a motion resulting in the setting aside of the previous dismissal of the case, Defendants were served with the summons and complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti‐SLAPP), as well as two motions for sanctions pursuant...
2020.02.20 Motion for Approval of PAGA Settlement 143
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.20
Excerpt: ...ieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement) that Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. Plaintiff then filed a first amended complaint (FAC), alleging five causes of action under the Privat...
2020.02.20 Demurrer, Motion to Strike 599
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.20
Excerpt: ...r); (2) breach of mandatory duty (Gov. Code, §§ 815.6, 820) (against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complai...
2020.02.19 Motion for Summary Judgment 639
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ...ollision in which Plaintiff suffered severe and debilitating injuries. The facts surrounding Plaintiff's lawsuit are largely undisputed. On March 17, 2017, Defendant Jones was driving from his home to his job1 at California Polytechnic University, San Luis Obispo (Cal Poly). (UMF 3.) Jones drove his car eastbound on Foothill Boulevard in San Luis Obispo when he drove into a left pocket lane to turn onto Mustang Drive. (Compl., ¶ 9.) However, ins...
2020.02.19 Motion for Sealing Order 720
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ...tentional interference with prospective economic relations, (5) negligent interference with prospective economic relations, (6) civil conspiracy, (7) breach of contract (against the Hive, only), and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11, 12.) Plaintiff alleg...
2020.02.19 Motion for Preliminary Approval of Class Action Settlement 643
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ... of $300,000, memorialized in a Stipulation of Settlement. (Lidman Decl., Exh. 1 (the “Settlement Agreement”).) After deducting administration costs, Plaintiff's $5,000 service award, attorneys' fees and costs, and payment of Private Attorney General Act (“PAGA”) penalties, the remaining net settlement amount of approximately $147,545 will be distributed to all settlement class members who do not opt‐out of the settlement. (Lidman Decl....
2020.02.19 Demurrer 527
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ...nment harassment in violation of FEHA, against Defendants; (3) sex. gender discrimination in violation of FEHA, against Libertine; (4) failure to prevent discrimination and/or harassment in violation of FEHA, against Libertine; (5) constructive termination in violation of public policy, against Libertine; and (6) sexual battery, against Newton. Willig's complaint alleges that she worked for Libertine in San Luis Obispo, and that Newton is co‐ow...
2020.02.19 Applications for Right to Attach Order and Writs of Attachment 702
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.19
Excerpt: ...intiff in order to purchase propane gas from Plaintiff for resale. Foster executed a written guaranty of PVI's obligations to Plaintiff. Defendants have failed to pay the amounts due. Plaintiff's first cause of action for breach of contract is against PVI, its second cause of action for breach of written guaranty is against Foster, and its third through fifth common counts causes of action are alleged against both Defendants. Plaintiff has filed ...
2020.02.13 Motion to Modify Award 387
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.13
Excerpt: ...of $7,688.50 for his work as the general contractor, and $11,000.00 owed to a subcontractor for his work on the project. (Opposition to Motion to Modify Award, 6:6‐8.) The matter was brought to trial and on January 13, 2020, the jury awarded damages to Defendants on their cross‐complaint in the lump sum amount of $27,688.50, more than the amount requested by Defendants in their Cross‐Complaint. The next day, Daniel McGee, Esq., counsel for ...

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