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2019.8.21 Motion for Summary Adjudication 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...
2019.8.20 Demurrer 118
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...
2019.8.20 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...
2019.8.20 Motion for Relief from Provisions of Government Code 945.4 186
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...
2019.8.15 Petition to Compel Arbitration 300
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...
2019.8.15 Motion to Dismiss 119
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...
2019.8.15 Motion to Compel Further Supplemental Discovery 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...
2019.8.15 Motion for Judgment on the Pleadings, to Compel Discovery 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...
2019.8.15 Demurrer, Motion to Strike 270
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...
2019.8.14 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend 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 Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...
2019.8.14 Motion for Change of Venue 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...
2019.8.1 Motion to Strike, to Compel Further Responses 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...G”) (collectively “Defendants”). 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. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, an...
2019.8.1 Motion to Set Aside Default, Judgment 186
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...
2019.8.1 Motion to Consolidate 260
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...
2019.8.1 Demurrer 198
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...
2019.7.31 Motion for Judgment on the Pleadings, for Physical Solution 041
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...
2019.7.31 Motion for Summary Judgment, Adjudication 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...
2019.7.30 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...
2019.7.30 Motion for New Trial 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...
2019.7.25 Motion to Strike or Tax Costs, for Attorneys' Fees 383
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Excerpt: ...mmission (LAFCO) and the Special District Risk Management Authority (SDRMA2 ), and the City of Pismo Beach (the City) and Central Coast Development Company (CCDC). LAFCO contends the Indemnity Agreements required the City and CCDC to reimburse LAFCO for certain attorneys' fees it incurred. As has been extensively outlined in prior rulings, the underlying dispute involves efforts to annex certain real property into the City of Pismo Beach. CCDC, d...
2019.7.25 Motion for Terminating Sanctions 499
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Excerpt: ...orm Interrogatories, Special Interrogatories (set one), and Requests for Production of Documents (set one), on Plaintiff. Defendant granted Plaintiff three extensions to submit responses with the latest deadline falling on December 10, 2018, but no responses were served. On November 27, 2018, Plaintiff brought a Motion for Protective Order, seeking to protect him from having to respond to the discovery. The motion was heard and denied by the Cour...
2019.7.24 Motion to Vacate and Set Aside Entry of Default, Judgment 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...rds, accounting, and dissolution and winding up of limited partnership. On October 12, 2018, Defendants filed a stipulation between the parties to stay the action pending a written agreement to arbitrate the matter, and to continue the case management conference. The order was entered the same day. On December 19, 2018, Defendants' counsel filed motions to be relieved as counsel. The motions were heard and granted on January 16, 2019. At that hea...
2019.7.24 Motion for Leave to Amend 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...s the lessor, and the LP as the landlord. Plaintiff's third amended complaint (“TAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. The Court previously sustained a demurrer to the fourth cause of actio...
2019.7.23 Motion for Summary Judgment 029
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ..., John Llerenas, attended an event at the Vineyard called the Midsummer Night's Dinner. (UMF No. 10.) At the event, guests were invited to participate in the stomping of the grapes. (Hooks Depo., 127:5‐7.) Participation in the grape‐stomping activity was entirely voluntary. (UMF No. 6.) Plaintiff wanted to participate in the grape‐stomping activity for the experience, because she was curious and thought it would be fun. (UMF No. 13.) Hooks ...
2019.7.23 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ...lation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. The complaint alleges that FCA concealed a known defect; specifically, the vehicle's “electrical architecture and/or its central gateway module, known as the [Body Control Module],” and the �...
2019.7.18 Application for Writ of Possession 267
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ... to Code of Civil Procedure section 512.010. Kaney filed an opposition on Sunday, July 14, 2019, directing the Court to her verified answer. (Code Civ. Proc., § 512.050 [court shall make its determination upon the basis of the pleadings and other papers in the record].) Service: Under Code of Civil Procedure section 512.030, if a defendant has not yet appeared in the action, then the application for a writ of possession must be served in the sam...
2019.7.18 Petition for Coordination and Motion for Stay 306
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...ial Council Coordination Proceeding No. JCCP5036 Hearing: Petition for Coordination and Motion for Stay Date: July 18, 2019 ____________ On May 21, 2018, Arturo Arguello (“Arguello”) filed a class action suit against Community Health Centers of the Central Coast, Inc. (“CHC”), alleging various Labor Code violations. The action was filed with the San Luis Obispo County Superior Court. A second amended complaint was filed in April 2019. Thi...
2019.7.18 Demurrer 653
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...tus assumpsit; (3) account stated; (4) quantum meruit; (5) foreclosure of mechanic's lien; (6) unjust enrichment; and (7) fraud and deceit—intentional misrepresentation of fact. Defendants demur here to Plaintiff's seventh cause of action for fraud1 pursuant to Code of Civil Procedure section 430.10(e), on the grounds that Plaintiff does not allege the requisite elements of fraud with sufficient particularity, and fails to state facts sufficien...
2019.7.18 Motion to Compel Further Responses 013
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ... action for (1) violation of the Fair Employment and Housing Act; (2) discrimination, retaliation, and harassment on the basis of anticipatory California Family Rights Act leave; (3) breach of express oral contract not to terminate employment without good cause; (4) breach of implied‐in‐fact contract not to terminate employment without good cause; (5) negligent hiring, supervision, and retention; (6) wrongful termination in violation of publi...
2019.7.18 Motion to Quash 123
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...f counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint are served on all Defendants. At the August 24, 2018 hearing, the Court vacated the OSC. On December 11, 2018, Plaintiff again failed to appear at a Case Management Conference and the matter was again set for an OSC re: Dismissal. Plaintiff's counsel filed another declaration that stated that the complaint was out with Federal Express fo...
2019.7.18 Motion to Quash Service of Summons 735
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019. The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in Califo...
2019.7.18 Motion to Consolidate 260
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...endants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to ...
2019.7.16 Motion for Leave to File Amended Complaint, to Continue Trial 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) 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 acc...
2019.7.16 Motion for Leave to File Amended Complaint 337
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...
2019.7.16 Motion for Arbitration Hearing Date 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...ims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...
2019.7.16 Motion for Terminating Sanctions 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...
2019.7.11 Motion for Summary Adjudication 238
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...
2019.7.11 Motion to Compel Further Responses 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...
2019.7.11 Motion to Quash 283
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...
2019.7.10 Motion for Summary Judgment 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills 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. Pr...
2019.7.10 Motion for Terminating Sanctions 339
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...
2019.7.10 Demurrer 200
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ses of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...
2019.7.10 Motion for Attorneys' Fees, for Final Approval of Settlement 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...
2019.7.9 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...
2019.7.9 Motion to Strike Answer and Complaint 400
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...
2019.7.3 Motion to Strike and Demurrer 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...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 and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...
2019.7.3 Motion to Strike 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...
2019.7.3 Motion for Leave to File Complaint, to Consolidate 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...ief. Plaintiff's allegations stem from Defendant's demands that Plaintiff vacate certain residential property located at 1520 Hogan Court, Nipomo, California (the Property). The Property was owned by Defendant's late father, Wayne E. Hoyt (Decedent). In her complaint, Plaintiff alleges that she was Decedent's fiancée and resided with him at the Property since February 2018. (Compl., ¶¶ 6, 8.) Plaintiff alleges that before moving in with Decede...
2019.7.2 Motion to Compel Release of Files 173
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ...ibald's vehicle collided with her bicycle, causing her injuries. Defendants demurred to the FAC on the grounds that Plaintiff has not and cannot allege that she fulfilled the mandatory filing requirements of the Government Claims Act (Gov. Code, § 900 et seq.) The Court sustained the demurrer without leave to amend. Plaintiff now moves to compel her former counsel, the Law Offices of Jonathan Kashani (“Kashani”), to turn over her entire orig...
2019.7.2 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ... cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 The action arises from Landin's two admissions to Twin Cities, from October 1st to 7th, 2016, and October 20th to 21st, 2016. Dr. Blaney brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Blaney to summary judgment ...
2019.6.27 Motion for Summary Adjudication 496
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.27
Excerpt: ...ger of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “got a...
2019.6.27 Motion for Summary Judgment 496
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.27
Excerpt: ... manager of Sunset's Atascadero service center, Tom Diaz (“Diaz”), about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “...
2019.6.27 Petition for Relief from Claims Presentation Requirements 122
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.27
Excerpt: ...inst the City of Paso Robles (the City). The petition is opposed. Petitioner alleges that Mr. McGuire first assaulted her on December 19, 2017, after the Department responded to a call from Petitioner. Petitioner alleges that Mr. McGuire and several other officers responded to Petitioner's call. (Groom Decl., ¶ 2.) Petitioner alleges that Mr. McGuire dismissed the other officers, but remained at Petitioner's home for an additional four hours. (G...
2019.6.25 Motion for Judgment on the Pleadings 269
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.25
Excerpt: ...4, 2018, Plaintiffs filed a first amended petition (FAP) for writ of mandate, purporting to allege causes of action for (1) ultra vires implementation of alleged land use changes in violation of vested rights, with disparate effect on minorities and insufficient government interest; (2) use of that law to unconstitutionally seize farms of minorities and low‐ income people for unjust enrichment of rich white people; (3) violation of due process ...
2019.6.20 Demurrer 651
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.20
Excerpt: ... the CUPA. Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (EHS), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff Bay Area/Diablo Petroleum Company dba Golden Gate Petroleum (Gol...
2019.6.20 Discovery Motions 175
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.20
Excerpt: ...on under Business and Professions Code section 17200, et seq., and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. On June 28, 2018, Plaintiffs served disc...
2019.6.20 Motions to Disqualify Counsel 116
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.20
Excerpt: ... and is referred to as the 2019 Action. Plaintiffs in the 2018 Action are Avila Village II LLC; Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990; Once Upon a Time L.P.; Lexington Real Property Partners LLC; and Covelop Holdings LLC1 . Plaintiffs in the 2019 Action are identical, save for the addition of ABR Property, L.P. The Court refers to Plaintiffs in both Actions as the Rossi Plaintiffs. Defendant in both Actio...
2019.6.19 Motion for Stay of Enforcement of Judgment 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...n and winding up of a limited partnership. Defendants' default was entered on February 8, 2019. The Court held a prove‐up hearing on May 6, 2019,1 and entered judgment in Plaintiff's favor on May 9, 2019, in the amount of $593,080.43. Defendants now seek to stay enforcement of the judgment pursuant to Code of Civil Procedure section 918.2 Defendants seek the stay to allow time for the Court to hear post‐trial motions, including a Motion to Va...
2019.6.19 Motion to Compel Discovery Responses 339
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...eufeld and Michael Neufeld (collectively, “Defendants”) were named as Defendants in both complaints. Defendants clarify that the accident occurred on June 9, 2016, and that Beeson was a passenger in Haggarty's vehicle. The Court consolidated the matters on April 17, 2019. On February 1, 2019, Defendants served on Beeson (a) form interrogatories; (b) special interrogatories; (c) requests for production; and (d) a request for statement of damag...
2019.6.19 Motion to Vacate Default Judgment 672
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...aintiff improperly advised them to waive their homestead exemption in their bankruptcy proceeding. When Defendants did not appear at the trial readiness conference, the case was dismissed with prejudice, and judgment was entered for Plaintiff on July 5, 2016. On August 29, 2017, Plaintiff filed the instant lawsuit, asserting one cause of action for malicious prosecution. Defendants filed a special motion to strike under Code of Civil Procedure se...
2019.6.19 Motion for Leave to File Complaint, for Preference 235
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.19
Excerpt: ...the broker, Premier Lending Services dba Coldwell Banker Premier Realty (“Premier”) and Premier's agent/broker, Nick Hall (“Hall”) (collectively the “Realtors”). Plaintiff seeks damages and rescission of the transaction because it provided to be more difficult and expensive to build on the Property than he anticipated. Motion for Leave of Court to File Cross‐Complaint On March 8, 2019, Gunther requested leave of court to file a cros...
2019.6.13 Motion for Leave to File Amended Complaint 496
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.13
Excerpt: ...iew with the manager of Sunset's Atascadero service center, Tom Diaz, about a possible job opportunity as a mechanic. After that initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “g...
2019.6.13 Demurrer, Motion to Compel Deposition 154
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.13
Excerpt: ...ood faith and fair dealing in written contracts; and (6) preliminary and permanent injunctions. Plaintiff's lawsuit centers around a real estate deal in San Luis Obispo. Plaintiff alleges that, on or about January 12, 2018, Atoll Holdings, Inc. formed Atoll Business Center, LLC1 , and then transferred all rights, title, and interest in real property located at 1150 Laurel Lane, San Luis Obispo (1150 Laurel), to the LLC. (Compl., ¶ 7.) 1150 Laure...
2019.6.13 Demurrer 362
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.13
Excerpt: ...ause of action. (Code Civ. Proc., § 430.10(e).) A demurrer challenges defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “The facts alleged in the pleading are deemed to be true, however improbable they may be. [citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 Cal.App.4th 1020, 1034.) In addition, the cour...
2019.6.13 Motion to Dismiss 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.6.13
Excerpt: ...��). 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. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and as part of that program PSHHC was req...
2019.6.12 Petition to Perpetuate Testimony 396
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.12
Excerpt: ... of facts which would be highly relevant ....” (Mtn., p. 2, ll. 5‐6.) The potential litigation concerns groundwater contamination in the vicinity of the San Luis Obispo County Airport. Both of the Deponents are retired. Petitioner states it has no information that either individual is ill or planning to relocate but given the uncertainty about when litigation may begin, those possibilities are of concern. Petitioner states the Deponents were ...
2019.6.12 Motion to Compel Deposition Answers 489
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.12
Excerpt: ...ed a lawsuit against Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Trial is set for July 22, 2019. Relevant to this motion, all three Plaintiffs have the following wage and hour claims pending: (1) Failure to pay minimum wages; (2) Failure to pay overtime wages; (3) Failure to provide rest periods or additional wages in lieu thereof; (4) Failure to provide meal periods or a...
2019.6.12 Motion to Bifurcate, for Injunction, to Direct Alternative Service 088
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.12
Excerpt: ...on either of the Defendants. Likewise, while a summons is on file, there is no indication either Defendant has been served with the summons. On March 5, 2019, Plaintiff filed a case management conference (CMC) statement with the Court. The proof of service attached to the CMC statement indicates that it was mailed to this Court, but there is no indication that the CMC statement was served on either of the Defendants. On March 29, 2019, Plaintiff ...
2019.6.12 Motion for Summary Judgment, Adjudication 646
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.12
Excerpt: ...rnative, summary adjudication. Neale opposes the motion. As the moving party, Wells Fargo 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(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) As the plaintiff, that burden includes a showing that there is no defense to the cause of action by proving e...
2019.6.11 Motion for Additional Fee Waiver, to File Amended Complaint, for Contempt 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.11
Excerpt: ...pi, California. On August 23, 2017, Plaintiff filed a lawsuit against Karim Rasheed, M.D. (“Defendant”) alleging Defendant improperly performed eye surgery on Plaintiff, namely, a pterygium excision with autograft on Plaintiff's right eye. Plaintiff now claims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Pri...
2019.6.5 Motion for Writ of Attachment, for Attorney's Fees 111
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...e of an elder (Welf. & Inst. Code, § 15610.30); and (3) conversion. (Amended Compl., ¶ 8.) This lawsuit was tried before the Court on March 26 and 27, 2019. On April 17, 2019, the Court issued a Statement of Decision. As outlined in the Statement of Decision, Plaintiff resided in Defendant's mobile home in Los Osos from March 2015 through the end of December, 2017. At the time of the lease, Plaintiff was over the age of 65, and the mobile home ...
2019.6.5 Demurrer 108
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...93,119.65 with interest, representing the reasonable value of goods and materials furnished by Plaintiff to Defendants relating to construction on real property located at 120‐140 Tank Farm Road in San Luis Obispo (the Property). (Compl., ¶¶ 7, 11.) Now, before the Court is Defendants' demurrer to the complaint. Defendants demur on the grounds that the complaint is ambiguous and uncertain and fails to state a cause of action against Defendant...
2019.6.5 Demurrer 782
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...
2019.6.5 Motion for Leave to File Complaint 858
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...e section 426.50. The proposed cross‐complaint alleges that the Cliffs' HVAC system failed as a result of Polar Bear's negligence. The proposed cross‐complaint would reclassify this matter as an unlimited civil action, and, in addition to naming Polar Bear as a cross‐defendant, name two additional cross‐ defendants, Johnson‐Controls, Inc. and Aqua Systems, Inc. In general, a party is required to file a cross‐complaint before or at the...
2019.6.5 Motion for Protective Order 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...ranty of merchantability, and (6) violation of Business and Professions Code section 17200. Plaintiffs allege they purchased a Winnebago Vista (the Vehicle) manufactured and/or distributed by Defendant, and that the Vehicle contained or developed defect(s), including the recurrent and substantial leakage of flammable propane gases into the cabin. (Compl., ¶¶ 4, 6.) On August 8, 2018, Defendant served a request for production of documents, inclu...
2019.6.5 Motion for Summary Judgment 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...‐certified urologist providing health care services to patients in San Luis Obispo County, including patients seen in the emergency rooms at French Hospital and Arroyo Grande Hospital. (Compl., ¶ 6.) Plaintiff alleges that Defendant is a medical group whose physicians also provide services throughout the County and at French and Arroyo Grande Hospitals. (Compl., ¶ 7.) Plaintiff alleges he was and is required to provide “on‐call urology se...
2019.6.5 Motion for Summary Judgment, Adjudication 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.6.5
Excerpt: ...iled.2 As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burden shifts to Defendant to produce admissible evidence showing the existence of a triable issue of material fact or a defense thereto. (Id. at § 437c(p)...
2019.6.4 Motion for Summary Judgment, Adjudication, to Compel Responses 258
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.4
Excerpt: ...“Restaurants”). In August 2015, Clouston, in his capacity as managing member of the LLC, executed three contracts to sell the Restaurants and requested that Chicago Title Company (“CTC”) serve as the escrow holder for the purchase. CTC opened three escrows for the sale of the Restaurants on August 6, 2015. The estimated closing date was October 5, 2015. (UMF Nos. 1‐6.) On September 15, 2015, CTC informed the parties to the escrows that ...
2019.6.4 Motion to Compel Responses, Request for Monetary Sanctions 690
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.6.4
Excerpt: ...errogatories, Set One, Special Interrogatories, Set One (including 61 special interrogatories plus a declaration pursuant to Code of Civil Procedure section 2030.040), and Request for Production, Set One (including 29 requests for production) (collectively the “Discovery”) on Plaintiff by mail. On February 19, 2019, when no responses were received, counsel for Defendants sent a meet and confer letter to Plaintiff requesting responses without ...
2019.5.30 Motion for Preliminary Injunction 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.30
Excerpt: ... “Defendants”). 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. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from California State Treasurer's Office through a program of the California Tax Credit Allowance Committee. As part of that program, P...
2019.5.30 Motion for Protective Order 571
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.30
Excerpt: ... to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolved.” (FAC, ¶ 3.) Plaintiff alleges that TheClymb is a California corporation with its principal place of business in San Luis Obispo. (FAC, ¶ 4.) Plaintiff alleges that it is a manu...
2019.5.30 Motion for Sanctions 143
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.30
Excerpt: ...s in lieu 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). Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. On May 23, 2018, before the hearing on Defendants' motion, Plaintiff filed a first amended complain...
2019.5.29 Demurrer 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.29
Excerpt: ...et store3 unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group4 that is in a cooperative agreement with at least one private or public shelter5 .” (Id. at subd. (a).) 1 All further statutory references are to the Health and Safety Code unless otherwise specified. 2 A “pet store operator” is “a person who owns or oper...
2019.5.29 Motion for Final Approval of Class Action Settlement 629
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.29
Excerpt: ...it alleges that Defendants made illegal and unpermitted modifications to The SLO in violation of California law, creating hazards to the student tenants. The Parties resolved the lawsuit and filed a motion for preliminary approval of class action settlement, which motion the Court granted on November 28, 2018. Now, before the Court is the unopposed motion for final approval of the settlement. The settlement class consists of all individuals who l...
2019.5.29 Motion for Protective Order 378
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.29
Excerpt: ...torneys, Theresa's spouse and daughter (Reba Phillips) were also present at the deposition. The deposition was suspended by agreement of the parties to allow the Court to rule on Hugh's request to limit the individuals who may be present during his deposition to himself, his attorney, Theresa, her attorney, and the deposition officer. (Code Civ. Proc., § 2025.420(b)(12).) Hugh argues that Theresa's spouse and daughter, who are not parties to the...
2019.5.28 Motion to Compel Production 206
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ...e dispute arises out of the City's code enforcement investigation of property on which Holliday was residing. On August 4, 2015, city officials inspected the property and placed a Stop Work Order on a fence. The following day, Holliday went to the City's Clerk Office to dispute the Stop Work Order. Holliday videotaped his meeting, but was asked to stop recording by a City employee and a law enforcement officer. Holliday alleges that those request...
2019.5.28 Motion to Enforce Settlement 042
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ...nd Restrictions for her condominium development by refusing to keep her dog on a leash or supervise her dog, resulting in the harassment of residents, as well as her alleged failure to keep her dog from barking excessively. On April 27, 2018, the parties mediated this case with Scott Radovich, which resulted in a settlement agreement between Knight and the Association. (Exhibit 1). The parties signed and submitted a Stipulation and Order Confirmi...
2019.5.28 Motion for Sanctions for Failure to Appear at Examination 559
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ...Plaintiff now moves pursuant to Code of Civil Procedure section 708.170(a)(2) for sanctions against Defendant. Code of Civil Procedure section 708.170(a)(2) provides as follows: If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear [and] the person's failure to appear is without good cause,...
2019.5.28 Motion or Leave to File Amended Complaint 242
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ...s 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. Plaintiff moves to for leave to file an amended complaint. Plaintiff's Complaint is a form complaint with one cause of action for negligence, which alleges that Defendant was grossly negligent in causing her injuries. Plaintiff's proposed First Amended Complaint (“FAC”...
2019.5.28 Motion for New Trial 275
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ... that they each put into the Property (for which they each sought reimbursement). The Court held a trial on the matter in January 2019. On March 29, 2019, the Court issued a written decision in which it concluded that each party owned a one‐third interest in the Property, i.e., one‐third by Bello and two‐thirds by the Scotts. In addition, the Court concluded that the monies expended by Bello at the time of purchasing the Property and for ce...
2019.5.9 Motion to Set Aside Dismissal 745
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.9
Excerpt: ...n to Set Aside Dismissal. However, Plaintiff failed to file a memorandum of points and authorities at that time, and at the February 7, 2019 hearing, the Court continued the motion to March 21, 2019. Plaintiff served notice of the new hearing date to Defendant. On March 12, 2019, one week before the continued hearing, Plaintiff filed its memorandum of points and authorities. At the March 21 hearing, the motion was continued as the Court did not h...
2019.5.9 Motion to Compel PMQ Deposition, to Compel Production of Docs 244
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.9
Excerpt: ...unty (the District), alleging rescission and breach of contract related to agreements the Westlake Parties entered into with the District for the lease of agricultural property and procurement of composting material. Westlake's first amended complaint (FAC) alleges causes of action for (1) rescission, (2) breach of contract, (3) injunctive relief, (4) fraud in the inducement, (5) specific performance of leaseback agreement and additional compensa...
2019.5.8 Demurrer 726
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.8
Excerpt: ...ch of the covenant of quiet enjoyment; (5) nuisance; (6) negligence; and (7) wrongful eviction. The Trust demurs to the entirety of the complaint and each cause of action on the ground that it fails to state a cause of action against the Trust. Specifically, the Trust argues that the complaint has improperly named the Trust, rather than the trustee, as a party. Plaintiffs do not dispute that they cannot sue the Trust and state they requested the ...
2019.5.8 Motion for New Trial 615
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.8
Excerpt: ...t, while Ms. Smith alleges she only called Dignity after the accident occurred to report that she would be late for her shift. Ms. Smith stipulated to liability prior to trial. Dignity disputed liability. Trial commenced on January 7, 2019. On January 17, 2019, the jury returned a verdict, finding that Ms. Smith was not acting in the scope of her employment at the time of the accident. The jury awarded Plaintiffs $350,000 in damages, plus costs. ...
2019.5.8 Motion to Compel Compliance with Discovery, to Deem Requests for Admission Admitted 663
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.8
Excerpt: ...nt of that note. A. Motion to Compel Compliance with Discovery On January 8, 2019, Plaintiffs propounded form interrogatories, special interrogatories, and requests for production (“RFPs”) on Day. Responses were due on February 22, 2019, after the parties had agreed on a two‐week extension. Day provided written responses at that time but failed to verify his responses. (Code Civ. Proc., §§ 2030.250(a) [interrogatories], 2031.250(a) [RFPs]...
2019.5.8 Motion to Quash, for Payment of Fees 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.8
Excerpt: ... filed with the Court's probate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”). According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A,...
2019.5.7 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.7
Excerpt: ... (“Dr. Mulder”) (collectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and ...
2019.5.7 Motion to Compel Further Responses 194
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.7
Excerpt: ...gainst Ford include breach of express warranty, breach of implied warranty, concealment, intentional misrepresentation, and negligent misrepresentation. Now before the Court is Plaintiff's motion to compel further responses to requests for production. No opposition is on file. Analysis. On November 30, 2018, Plaintiff served his first set of requests for production (RFPs). (Ex. A.) On January 7, 2019, Ford served unverified responses to Plaintiff...
2019.5.7 Motion to Compel, to Deem Truth of Matters Admitted 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.7
Excerpt: ...nd motion to strike the complaint, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages ...
2019.5.7 Petition to Vacate Arbitration Award 352
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.7
Excerpt: ... follows: In this event, [each party] shall choose a competent and impartial appraiser .... The appraisers will separately state the actual cash value, the replacement cost, and the amount of loss to each item. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of the loss. ... (Petition, Attach. 4(b).)1 A dispute arose between the parties regarding the cost of repairs caused by flood damage...

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