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2019.12.26 Motion to Compel Deposition Answers 007
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.26
Excerpt: ... or about March 20, 2018, and presented to Dr. Rasul at Bishop's Peak Women's Health Center and advised Dr. Rasul that she suspected she was pregnant. (Compl., ¶ 15.) Plaintiff alleges that Dr. Rasul confirmed Plaintiff's pregnancy, discharged Plaintiff, and “carelessly and negligently prescribed Plaintiff misoprostol 200 mcg oral tablet.” (Ibid.) Plaintiff alleges that misoprostol is also known by the brand name Cytotec and “is commonly r...
2019.12.26 Motion to Compel Further Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.26
Excerpt: ...d. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instructions with the owner of the property. Phoenix acted as the general building contractor regarding the construction of Plaintiff's home. On September 17, 2019, Plaintiffs filed two motions pursuant to Code of Civil Procedure section 2030.300 and 2031.310, for orders compelling Phoenix to serve further written responses to Plaintiff...
2019.12.26 Motion to Strike, Demurrer 199
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.26
Excerpt: ...laintiff 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...
2019.12.24 Demurrer 284
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...osit these checks into her personal accounts held at JP Morgan Chase Bank (“Chase”) and Ally Bank (“Ally”). Both of whom are also named as defendants along with Sierra and Wilde. The complaint alleges damages of $897,419.69 for checks covering a three‐year period ranging from September 2016 through June 2019. (Cmp., ¶ 13, Exs. 1‐3.) The complaint asserts two causes of action against Sierra (1) violation of various Commercial Code sec...
2019.12.24 Motion to Amend Pleadings 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...une 22, 2019, at 2515 Victoria Way in Cambria. Roberto now seeks $22,181 in unpaid invoices. On September 10, 2019, Defendant filed a cross ‐complaint against Roberto, Mercado Gardening & Hauling, and Alberto Mercado2 alleging causes of action for (1) unfair business practices, (2) violation of Business and Professions Code section 7031, (3) negligence, and (4) declaratory relief. The second, third, and fourth causes of action are pled against ...
2019.12.24 Motion to Set Aside Dismissal 143
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...a Hermesch (“Respondent”) was added as a beneficiary, along with other individuals. The Trust also named Respondent as the successor trustee. On May 13, 2018, Petitioner filed a petition seeking to invalidate the Trust. He thereafter filed a first amended petition (“FAP”) in July 2018, which alleged four causes of action. Petitioner alleges in the FAP that Respondent exerted control and undue influence over Decedent and that at the time s...
2019.12.24 Motion to Stay, OSC Re Preliminary Injunctions 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. On July 6, 2018, Plaintiff obtained charging orders against Bernd's interest in two California limited liability companies known as BKS Energy, LLC and BKS Cambria, LLC (collectively the “BKS Entities”). Bernd is a member and the sole manager of the BKS Entities. Bernd's wife is the only other member of the BKS Entities. On April 19, 2019, the Kansas Court of Appeals is...
2019.12.24 Petition to Confirm Contractual Arbitration Award 451
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.24
Excerpt: ...unt) plus interest at the rate of 10% annually. Mr. Allan further awarded Petitioner $2,420.48 in administrative fees, expenses, and arbitration compensation and expenses. Thus, Petitioner was awarded $8,602.48 in total, to be recovered from Respondents. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure1 section 1285, et seq. Once an arbitration award has been confirmed and judgme...
2019.12.5 Motions to Compel 146
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.5
Excerpt: ... Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professions Code section 17200 – resti...
2019.12.5 Demurrer, Motion to Quash 283
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.5
Excerpt: ... Probate Conservator of the Person on December 11, 2018 (the “Amended Petition”.) The Court grants the Department's request that it take judicial notice of the Amended Petition and Notice of Hearing. Findley now demurs to the Petition filed on October 19, 2018. In the alternative, Findley moves to quash the Petition. The Department opposes both motions. As to Findley's motion to quash, Findley cites no authority that such a motion is proper, ...
2019.5.28 Motion for Letter of Request 256
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.28
Excerpt: ...ncorporated San Luis Obispo County. (Compl., passim.) Now before the Court is Plaintiffs' motion for Letter of Request for service of the Summons and Complaint on Mr. Doherty in Australia. Plaintiff's motion is made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. (Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, N...
2019.5.23 Demurrer 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.23
Excerpt: ...aded 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”) demurs here to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan. McKiernan's demurrer was served on Plaintiff at his address of record but no opp...
2019.5.23 Motion for Relief from Attorney Mistake, to Correct Clerical Error 243
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.23
Excerpt: ...n's physical education and wrestling instructor. Plaintiff's lawsuit centers around Defendant's accusations against Plaintiff, including that Plaintiff bullied, discriminated and retaliated against, and created a hostile work environment for Defendant's son. On or about April 30, 2017, Defendant sent a letter of complaint (Complaint Letter) to the California Commission on Teacher Credentialing (the Commission) regarding Plaintiff. This lawsuit fo...
2019.5.23 Motion for Judgment on the Pleadings, to Bifurcate 155
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.23
Excerpt: ...ritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.) Trial is set for July 29, 2019. Now before the Court are two motions filed by the Port: (1) Motion for Judgment on the Pleadings; and (2) Motion to Bifurcate. Motion for Judgm...
2019.5.22 Motion to Bifurcate, for Injunction 088
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.22
Excerpt: ...although a summons is on file, there is no indication that 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 filed the following: ‐ “Mot...
2019.5.22 Motion to Compel Further Responses 216
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.22
Excerpt: ...l Contest and Grounds for Opposition to Probate of Purported Will, alleging the Decedent, Ms. DeWitt, lacked testamentary capacity on the date she executed her Last Will and Testament, and that the Will was made as a result of undue influence by Respondent. On November 1, 2018, Lum served form interrogatories (set one), a request for production of documents (set one), and requests for admission (set one) on all seven Contestants, via mail. Lum no...
2019.5.21 Demurrer 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.21
Excerpt: ...t ten years, the City has allowed untreated sewage to flow from the property adjacent to his Property “without taking actions to force such contamination to stop.” (Compl., ¶ 3.) The property adjacent to Plaintiff's is identified as the Powell Property1 , located at 4250 Tranquilla Avenue. Plaintiff alleges that in September 2007 he noticed a contractor in Ms. Powell's yard digging trenches for a septic system. (Compl., ¶ 6.) Shortly therea...
2019.5.21 Motion for Leave to File Amended Complaint 336
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.21
Excerpt: ...rth Development, LLC. The complaint alleges eight causes for anticipatory breach of contract, breach of the implied covenant of quiet enjoyment, breach of the implied covenant of good faith and fair dealing, intentional interference with contractual relations, intentional infliction of emotional distress, promissory estoppel, specific performance of lease and declaratory relief. The action by Plaintiffs, who own and operate the Coastal Dance & Mu...
2019.5.21 Motion to Consolidate 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.21
Excerpt: ...d Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron and Vickie Mullins (the “Mullins”) fil...
2019.5.16 Motion to Compel Responses 264
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.16
Excerpt: ...ta. Now, before the Court are the following motions brought by Dr. Wogu: (1) Motion to compel responses to form interrogatories and for sanctions; and (2) Motion to compel responses to request for production of documents and for sanctions. No opposition is on file from Plaintiff. On January 28, 2019, Dr. Wogu served form interrogatories and requests for production on Plaintiff. To date, Plaintiff has not responded to either the interrogatories or...
2019.5.15 Motion to Authorize Cross Complaint 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.15
Excerpt: ...otice of removal. Therefore, the Federal District Court remanded the action. Defendants' answer was filed on March 28, 2019. Shortly thereafter, on April 12, 2019, Defendants filed this Motion for Order Authorizing Cross Complaint, seeking leave to file a proposed cross complaint, which is attached to the motion. Defendants argue that they filed the cross complaint in the District Court after filing the notice of removal, and mistakenly believed ...
2019.5.15 Motion for Preliminary Approval of Class Action Settlement 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.15
Excerpt: ... their property for oil drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall 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 ....1 ” In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by ...
2019.5.14 Motion to Enforce Settlement 506
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.14
Excerpt: ... of $3,308.76. The Agreement further provides that Plaintiff will not request that judgment be entered so long as Defendant was not in default with a payment plan. Defendant agreed to pay Plaintiff a minimum of $500 on or before October 19, 2017, then four monthly payments of $50 due by the 27th day of each and every month thereafter beginning November 27, 2017, and a final payment of $1,450 due on or before March 27, 2018, for a total settlement...
2019.5.14 Motion for Summary Judgment 700
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.14
Excerpt: ...ry judgment or in the alternative, summary adjudication against Defendant, which was served on Defendant on February 12, 2019. 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(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the burden of showing that there is no defense to...
2019.5.14 Motion for Protective Order 177
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.14
Excerpt: ...te arising from Puckett's operation of a dog boarding kennel and breeding business. Plaintiffs' complaint alleges two causes of action for breach of CC&Rs and declaratory relief. On July 27, 2018, Puckett filed a cross‐complaint against Plaintiffs alleging four causes of action for defamation, intentional interference with prospective economic activity, intentional infliction of emotional distress, and declaratory relief. On December 12, 2018, ...
2019.5.14 Demurrer 237
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.5.14
Excerpt: ...nd Defendant were married from October 13, 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred...
2019.5.2 Motion to Strike, to Compel Arbitration 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.2
Excerpt: ...ber 10, 2018, alleging (1) fraudulent concealment; (2) intentional misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; (5) professional negligence; (6) negligent misrepresentation; (7) breach of contract; (8) breach of the implied covenant of good faith and fair dealing; and (9) specific performance. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles, on Kleck Road. On June 23,...
2019.5.2 Motion to Compel Further Responses, Further Deposition, for Summary Adjudication 302
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.5.2
Excerpt: ...endant”) and Compass Holding, Inc., alleging elder abuse and wrongful death. Now, before the Court are five discovery motions and a motion for summary adjudication, all filed by Plaintiffs. Motions to Compel Further Responses to Special Interrogatories, Form Interrogatories and Requests for Admission Plaintiff served Request for Admissions, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One, on Defendant on October 24,...
2019.5.1 Motion to Enforce Settlement, Modify Settlement, OSC Re Contempt 462
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.1
Excerpt: ...d expulsion of Defendants as members of Legacy Ranch, LLC (Legacy); (2) breach of fiduciary duty; (3) fraud; (4) concealment; (5) constructive fraud; (6) breach of oral contract; (7) breach of written contract; and (8) injunctive relief. On October 6, 2017, Kyle, Hal, and Mr. Despain filed a cross‐complaint against Patrick and Legacy asserting causes of action for (1) breach of governing documents of Legacy; (2) disassociation and expulsion of ...
2019.5.1 Motion to Quash or Strike Complaint, Dismiss Case 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.1
Excerpt: .... Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On March 23, 2018, Defendants submitted a request to arbitrate their fee dispute with Plaintiff to the San Luis Obispo County Bar Association's Fee Arbitra...
2019.5.1 Demurrer 583
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.5.1
Excerpt: ...ing Defendant's predecessor an easement for “ingress, egress, parking, landscaping and incidental purposes” over Plaintiff's property. (Compl., ¶ 9; Ex. C to Compl.) In Spring 2018, Defendant began using the deeded easement to begin construction of the Development. (Compl., ¶ 10.) Plaintiff filed this lawsuit on September 24, 2018 asserting causes of action for (1) declaratory relief, (2) trespass, (3) action to extinguish easement, and (4)...
2019.4.25 Demurrer 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ... 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 (“PHA”). Demurrer PHA demurs here to the third cause of action in Plaintiff's complaint, which is the only cause of action pleaded against PHA. Plaintiff's third cause of action is for negligence and gross negligence for faili...
2019.4.25 Motion for Summary Adjudication 322
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ...and counseling in connection with his drug addiction. On the date of the accident, Alexander had a valid California driver's license and drove a car that his parents, Cynthia and Gregory, rented from Enterprise Rent‐a‐Car. Shortly before 4:59 p.m., on the date of the accident, the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time, at Dr. Starr's office located at 1320 Van Beurden Drive, Suite 103, in L...
2019.4.25 Motion to Strike 622
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.25
Excerpt: ...nts”), alleging five causes of action for (1) Intentional Interference with Prospective Economic Relations; (2) Intentional Interference with Contractual Relations; (3) Intentional Infliction of Emotional Distress; (4) Negligent Infliction of Emotional Distress; and (5) Violation of State Civil Rights (the “Complaint”). The County was served with the summons and complaint on December 5, 2018. On February 1, 2019, Defendants filed a timely S...
2019.4.24 Motion to Compel Further Responses 407
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.24
Excerpt: ...uction Management Department at California Polytechnic State University, San Luis Obispo. On September 10, 2018, Defendant served initial discovery on Plaintiff including form interrogatories, both general and employment, special interrogatories, request for statement of damages and request for production of documents. (See Bowen Decl.) After receiving an extension of time to respond, Plaintiff's responses were due on November 12, 2018. On that d...
2019.4.24 Motion for Sanctions 051
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.24
Excerpt: ...otion”). The Sansone Motion alleged that Movants had intentionally misled the trial court and the Court of Appeal during a will contest by seeking to block the testimony of two key witnesses, estate planning attorneys Warren Sinsheimer and Herb Stroh (collectively, the “Sinsheimer firm”), and the introduction of certain documentary evidence, when they filed a motion in limine (“MIL No. 5”) prior to the evidentiary hearing. The basis for...
2019.4.18 Motion for Summary Adjudication 228
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.18
Excerpt: ...and counseling in connection with his drug addiction. On the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. This occurred at the Starr Defendants' office located at 1320 Van Beurden Drive, Suite 103, in Los Osos (the Subject Property). (Undisputed Material Fact [UMF] 2.) The Starr Defendants then encouraged Alexander to stay at the Subject Property and...
2019.4.17 Motion to Consolidate 342
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.17
Excerpt: ...ith El Campo Road in an unincorporated area of San Luis Obispo County. (Beeson Compl., p. 4.) Ms. Beeson further alleges that Michael Neufeld negligently entrusted his vehicle to Matthew Neufeld, and that Matthew Neufeld operated the vehicle negligently, striking Ms. Beeson's vehicle and causing her injuries. (Id. at p. 5.) On June 5, 2018, Anabel Haggarty, proceeding in pro per, filed her own complaint against Defendants asserting causes of acti...
2019.4.17 Motion for Determination of Good Faith Settlement 235
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.17
Excerpt: ...rvices dba Coldwell Banker Premier Realty (“Premier”), and Premier's agent/broker Nick Hall (“Hall”) (collectively “Coldwell”). Plaintiff seeks damages and rescission of the transaction because it proved to be more difficult and expensive to build on the Property than he anticipated. Coldwell has now settled with Plaintiff, and seeks a determination that the settlement was made in good faith pursuant to Code of Civil Procedure section...
2019.4.11 Demurrer, Motion to Strike, to Quash 571
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.4.11
Excerpt: ...ent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiff's Allegations. Plaintiff alleges that 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.) Pl...
2019.4.9 Motion for Reconsideration, for Declaratory Relief 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...rygium 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 Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.4.9 Motion for Publication, to Withdraw as Counsel 630
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...
2019.4.9 Motion for Publication, to Withdraw as Counsel 630
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...
2019.4.9 Motion for Publication, to Withdraw as Counsel 630
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...
2019.4.9 Motion for Publication, to Withdraw as Counsel 630
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...
2019.4.9 Motion for Publication, to Withdraw as Counsel 630
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.4.9
Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...
2019.4.3 Motion to Amend Judgment 208
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.3
Excerpt: ...ommissioner entered an order in Garcia's favor for wages and penalties in the amount of $18,469.21. The Labor Commissioner award was entered as a money judgment in this Court on June 15, 2012 (the “Judgment”). In 2013, Terhune was disbarred. Garcia moves here to amend the Judgment to add Terhune as an alter ego judgment debtor. The motion was timely served by mail on Terhune and W.P.T., Esq., Inc. No opposition was filed. At the hearing and a...
2019.4.3 Motion for Leave to File Complaint 235
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.4.3
Excerpt: ...g Services dba Coldwell Banker Premier Realty (the “Realtors”). Gunther moves here for leave to file a cross complaint for negligence, declaratory relief with respect to right of appointment of comparative fault, and declaratory relief related to indemnification based on apportionment of fault against the Realtors.1 The Realtors oppose the motion. Gunther asserts that he recently learned that at the time the property at issue was sold to Plai...
2019.3.28 Motion to Vacate Summary Judgment, for Exoneration of Bail Bond 748
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.3.28
Excerpt: ...cted that a warrant be issued for Ms. Bagley's arrest. On May 1, 2018, notice of the forfeiture was sent to ABC's agent and its surety, Lexington National Insurance Company (Lexington). This notice informed ABC's agent and Lexington that the forfeiture would become absolute on November 2, 2018, following the 180‐day statutory timeframe outlined in Penal Code section 1305. On December 10, 2018, after the 180‐day period ran, this Court entered ...
2019.3.27 Motion to Compel Testimony and Production of Docs, for Sanctions, for Protective Order 338
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.27
Excerpt: ...1, 2017. The FAC includes seven causes of action based on alleged violations of various Labor Code sections and a cause of action for unfair business practices. On May 15, 2018, Plaintiff Jennifer Hudgins dismissed her complaint. The Court now has three discovery motions before it: Defendant's Motion to Compel Testimony and Production of Documents of Plaintiff Damon Maggiore and Compliance with Court Ordered Sanction, and for Further Sanctions (�...
2019.3.27 Motion to Compel Deposition 489
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.27
Excerpt: ...nst Defendants, alleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. 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 additional wages in lieu thereof; (5) Failure to i...
2019.3.27 Motion for Protective Order, to be Relieved as Counsel, to Compel Deposition, for Sanctions 193
Location: San Luis Obispo
Judge: Peron, Gayle
Hearing Date: 2019.3.27
Excerpt: ...ff subsequently passed away on November 25, 2018. Under Code of Civil Procedure section 377.21, “[a] pending action or proceeding does not abate by the death of a party if the cause of action survives.” The parties have not addressed whether the causes of action alleged in the complaint survive Plaintiff's death. If so, then either the decedent's successor in interest or the personal representative may seek (via motion) to be substituted in f...
2019.3.26 Motion for Reconsideration, for Declaratory Relief Order 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...rygium 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 Prison, Corcoran (“CSATF”). On January 8, 2018, this Court heard five motions in this matter: 1) Plaintiff's Motion for Appointment of Counsel, which was denied; 2) Plaintiff's Motion fo...
2019.3.26 Motion to Set Aside and Vacate Judgment, Enter Another and Different Judgment, or for New Trial 202
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...n and breach of implied warranty of fitness arising from the purchase of a residential property located in Paso Robles, California. Plaintiff alleged misrepresentations during the sale on the part of Defendants related to the property lines. A two‐day court trial was held on December 17 and 18, 2018. The issue of liability was bifurcated from damages on the Court's own motion. The Court ruled from the bench following testimony of Plaintiff's fi...
2019.3.26 Motion to Consolidate, Demurrer 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ...s”). (Case No. 17CVP‐0030, the “Second Press Action.”) The complaint alleges that from July through September 2016, Second Press negotiated an agreement with the Figueroa Defendants under which the latter agreed to purchase certain furniture, fixtures, and kitchen equipment (the “FFE”) related to the restaurant industry. Attached to the complaint as Exhibit A is a list of the FFE at issue. Over a year later, on September 26, 2018, Ron...
2019.3.26 Demurrer, Motion to Strike 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.26
Excerpt: ..., (2) general negligence, and (3) intentional tort. Plaintiff seeks compensatory and punitive damages. (Compl., ¶ 14.) 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 property....
2019.3.20 Motion to Reopen Discovery, to Compel Further Responses 083
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.20
Excerpt: ...), its owner, Mahmood Jafroodi, and farm labor contractor, Custom Labor Services, Inc. (“Custom 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. 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 ...
2019.3.20 Motion to Require Confidentiality Agreement to Comply with Dispute Resolution Procedures 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.20
Excerpt: ...drilling and extraction purposes in exchange for royalty payments on oil produced. On April 5, 2017, the Court certified the overall 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 ....”1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royal...
2019.3.19 Motion to Quash Deposition Subpoena, to Compel Further Responses 295
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.19
Excerpt: ...alleges that on October 8, 2017, Defendant willfully and intentionally assaulted and battered Plaintiff, causing him to suffer a mild traumatic brain injury (i.e., concussion) and other physical injuries and medical expenses. At the time of the incident, Plaintiff was assisting his mother, Lauri O'Neill, in moving out of the home she shared with Defendant, as Ms. O'Neill and Defendant were in the process of a divorce. Now before the Court are the...
2019.3.19 Motion to Compel Further Responses, Request for Sanctions 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.19
Excerpt: ...set of requests for production of Documents (“RFPs”). Ford responded on September 4, 2018. On October 17, 2018, Plaintiff's counsel sent a meet and confer letter setting forth their issues with Ford's responses, and proposing to extend the deadline for filing a motion to compel to November 9, 2018. (Morse Decl., Ex. C.) The deadline at the time of initiating the meet and confer process was October 24, 2018. (Code Civ. Proc., 2031.310(c), 2016...
2019.3.19 Motion for Good Faith Determination 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.19
Excerpt: ...aylor Living Trust of 2014, El‐Do, Inc., James Traylor, Catherine Winter, Brady Winter (collectively “Traylor/Winter Defendants”), David Crabtree, Home and Ranch Sotheby's International Realty (collectively “Realty Defendants”) and Farm Credit West. This action arises from Plaintiff's purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, Californi...
2019.3.19 Motion for Summary Judgment 902
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.19
Excerpt: ...98.6; (4) retaliation in violation of Labor Code section 6310; (5) failure to pay minimum wages; and (6) failure to pay earned wages and waiting time penalties. Plaintiff began working at KCSC as a Judicial Secretary on September 6, 2008. (Undisputed Material Fact [UMF] 1.) On April 24, 2015, Plaintiff became “Mental Health Court Coordinator,” a new position that entailed the same job duties Plaintiff had as Judicial Secretary, as well as add...
2019.3.19 Motion for Reconsideration 016
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.19
Excerpt: ...as Doe defendants. Westland Engineering and Hernandez Masonry have since been dismissed from the suit after each defendant executed a mutual release in exchange for a waiver of costs.1 TAG took the default of Jabraco, Inc. and Buena Geotechnical Services. As of September 2018, Barnhard was the sole remaining defendant in the action. On October 1, 2018, the Court held a readiness conference. At that time, Barnhard requested that the trial be conti...
2019.3.14 Motion for Sanctions 051
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.14
Excerpt: ...block the testimony of two key witnesses (attorneys Warren Sinsheimer and Herb Stroh) and the introduction of certain documentary evidence when they filed motion in limine (“MIL No. 5”) prior to the evidentiary hearing on the will contest. At the hearing on October 17, 2018, the Court requested additional briefing on three issues: (1) the applicability of the January 1, 2015 effective date in subsection (i) of section 128.5; (2) the applicabi...
2019.3.14 Demurrer 258
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.3.14
Excerpt: ..., 3) violation of California Business and Professions Code section 17200 et seq., 4) fraud and 5) quiet title. This action arises out of the foreclosure and sales of two properties owned by Plaintiff: Plaintiff's primary residence, located at 775 San Marcos Road, Paso Robles, California (the “San Marcos Property”) and a second property located at 425 Pacific Avenue, Cayucos, California (the “Cayucos Property”). On November 15, 2018, this ...
2019.3.13 Motion to Set Aside Order Staying Proceedings, to Amend Complaint, Demurrer, Motion to Strike 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.13
Excerpt: ...ses of action for (1) breach of written contract, (2) common count, (3) account stated, and (4) promise made without intention to perform (i.e., fraud). Plaintiff, an attorney, formerly represented Defendants in the lawsuit captioned Frank Macciola, et al. v. David Harms and Jolene Harms (17CVP‐ 0260) (the Macciola Action). Defendants are currently unrepresented in the Macciola Action, which remains pending before the Honorable Linda Hurst. On ...
2019.3.13 Motion for Judgment on the Pleadings 884
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.13
Excerpt: ...al wrongfully terminated the contract with Plaintiff due to physical limitations he suffered from a stroke. The defendants were served by substituted service. Ms. Royal filed a general denial on November 26, 2018; and Mongo's answer was filed on March 6, 2019. Plaintiff now seeks judgment on the pleadings against Ms. Royal. There is no opposition.1 Plaintiff states he attempted to meet and confer with Ms. Royal on January 18, 2019, the same day h...
2019.3.12 Demurrer 237
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.12
Excerpt: ... 2007 until September 1, 2017. (FAC, ¶ 7.) After Defendant filed for divorce in November 2017, the Court (Hon. Rita Federman, presiding) entered the parties' stipulated judgment (Stipulated Judgment) dissolving their marriage on November 21, 20171 . (FAC, ¶ 7.) Relevant to this case are two adjacent parcels of property on Whitley Gardens Drive in Paso Robles (the Whitley Gardens Properties when referred to collectively). The first is a larger p...
2019.3.12 Motion to Reclassify Negligent Repair Claim to Limited Civil Claim 194
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.12
Excerpt: ...s 2009 Ford Super Duty F‐250 truck. Plaintiff's complaint alleges six causes of action: the first five are alleged against Ford only, and the sixth, for negligent repair, is against Perry only. Defendants move here to reclassify Plaintiff's sixth cause of action claim to a limited civil claim pursuant to Code of Civil Procedure sections 3961 and 403.040. Plaintiff opposes the motion. Defendant argues that Perry is named in a single standalone c...
2019.3.6 Motion to Set Aside Default 884
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ...f its employees. On October 4, 2018, the person serving the summons and complaint mailed the documents to Mongo's business address.1 Under Code of Civil Procedure section 415.20, service is complete on the tenth day after mailing; here, that date is October 14, 2018. Mongo's response was subsequently due on November 13, 2018. (Code Civ. Proc., § 412.20(a)(3) [30 days].) Mongo's did not file a response.2 A default was subsequently entered against...
2019.3.6 Motion to Compel Further Responses 349
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ... the decedent's 50% community property interest in residential property located in Oceano (valued at $220,000). On July 24, 2018, decedent's daughter, Laura Esparza (“Objector”), filed an objection to the I&A, arguing that the Oceano property had been held in a joint tenancy between decedent and his prior wife, Adelina Puente. An Affidavit of Death of Joint Tenant was recorded in April 2003, reporting Adelina Puente previously passed away. Ob...
2019.3.6 Motion for Judgment on the Pleadings 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.3.6
Excerpt: ...related to an alleged wrongful foreclosure: (1) Violation of Civil Code Sections 2924, 2924.8, 2924b, 2924f, 2924g; (2) Violation of Civil Code section 2924(c); (3) Violation of Civil Code section 2934; (4) Negligence; (5) Violation of Civil Code section 2923.6; (6) Violation of Civil Code section 2923.7; (7) Breach of Contract; (8) Breach of Implied Covenant of Good Faith and Fair Dealing; (9) Promissory Estoppel; and (10) Unfair Business Practi...
2019.3.5 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ...t”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 Dr. Spinello 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. Spinello to summary judgment as a matter of law. Dr. Spinello submits a separate statement of material facts, t...
2019.3.5 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ... stations, joined in this action to allege that each of them entered into their respective contracts with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze1 (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (TAC,...
2019.3.5 Motion for Summary Adjudication 027 (2)
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.3.5
Excerpt: ...rvice stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze (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 according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. (T...
2019.2.28 Petition for Writ of Mandate 566
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.28
Excerpt: ...e Civ. Proc., § 2018.030); and (C) thirty‐seven (37) documents referenced by The Tribune which have been produced with redactions. The Court issued instructions with respect to each of these categories, and this hearing was set to address and narrow the issues further. A. Documents Withheld Based on the Official Information Privilege The parties note there are approximately 12 documents currently being withheld based on the official informatio...
2019.2.28 Motion to Transfer Venue or Compel Arbitration 663
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.28
Excerpt: ...ause of action under the Private Attorneys General Act, Labor Code section 2698, et seq. (“PAGA”). Defendant now brings a Motion to Transfer Venue, or in the Alternative, to Compel Arbitration (“Motion”). Plaintiff opposes the Motion. Defendant first moves to transfer venue for this action pursuant to Code of Civil Procedure section 397(a), on the ground that this is not the proper court for trial of this action because venue is not prope...
2019.2.28 Motion for Protective Order, to Compel Production, to Continue Trial, for Sanctions 120
Location: San Luis Obispo
Judge: Peron, Gayle
Hearing Date: 2019.2.28
Excerpt: ...ans”), Francisco Savala (“Savala”), and Saroyin Watkins (“Watkins”), arising out of an accident that occurred on April 20, 2017, near the Cholame “Y” intersection where State Route 46 (“SR 46”) and State Route 41 (“SR 41”) meet. California State Transportation Agency (“CalSTA”) was also named as a Defendant but has since been dismissed with prejudice from the complaint. On June 1, 2018, Savala and Watkins filed a Cross�...
2019.2.27 Motion to Deposit Payments with the Court 446
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.27
Excerpt: ...ute arises out of the sale of a business known as Sports Clips CA 781 located in San Luis Obispo. Plaintiff is the purchaser and Defendant is the seller. The purchase price for the business was $275,000, with a cash down payment of $110,000. The remaining $165,000 was to be financed with monthly payments of $5,094.72 for three years. Plaintiff argues that Defendant misrepresented the business' net profits. Plaintiff now moves for an order directi...
2019.2.27 Motion to Enforce Settlement 277
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.27
Excerpt: ... following day. The notice states the matter would be dismissed no later than February 18, 2019. In accordance with Court policy and California Rules of Court, rule 3.1385(b), the Court issued a Notice of Dismissal stating the matter would be ordered dismissed on April 4, 2019, absent a motion to vacate filed prior to that date. The Notice of Dismissal also states “[t]he Court consents to any written request in the settlement agreement to retai...
2019.2.26 Motion for Terminating Sanctions 260
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ..., 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 their respective properties f...
2019.2.26 Motion to Compel Compliance, to Quash 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ...County, Kansas, Case No. 2015‐CV‐000055. On June 26, 2017, Schaefers was served with an order to appear for a debtor's exam on July 23, 2017, and a subpoena duces tecum to produce certain documents in his possession, custody or control for inspection and copying (“Schaefers Subpoena”). The requests in the Schaefer Subpoena included demand nos. 50 and 51 for: (1) all financial records for BKS Energy, LLC and BKS Cambria, LLC (collectively ...
2019.2.26 Motion to Strike 303
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ...January 2017, the waters undermined the tennis court, patio area, walkways, and driveway on his property (the “January 2017 incident”). Ferguson alleges liability under the rule of reasonable use, trespass, negligence, and nuisance. Ferguson also seeks enforcement of the easement and injunctive relief. In six of the causes of action, Ferguson alleges that Morton's conduct “was despicable conduct that subjected Plaintiff to a cruel and unjus...
2019.2.26 Demurrer, Motion to Strike 055
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ...lleged causes of action for general negligence, intentional tort, and (in Plaintiff's handwriting): Psychiatric malpractice, business tort/unfair business practice, intentional infliction of emotional distress, negligent infliction of emotional distress, discrimination, fraud, professional negligence, coercion, collusion, denied rights to medical and mental health treatments, breach of trust, violation of psychotherapist‐patient privileged, den...
2019.2.26 Demurrer 245
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ...ccording to Ricks, his personal belongings were listed on an “Incoming Patient Property Inventory” on November 9, 2015, but upon his transfer out of ASH various personal items (e.g., clothing, photographs, magazines, and personal hygiene products) listed on that inventory were missing. Price demurs to the complaint alleging it fails to state a cause of action.2 Specifically, Price argues (1) Ricks failed to file this complaint within the six�...
2019.2.26 Demurrer 326
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.26
Excerpt: ...ry moved in with Plaintiffs' father John Steele (“John”)1 in 2004 or 2005, and that they wed in a “confidential marriage” in June 2017. The parties' dispute concerns estate planning documents that John executed in (1) February 2015 (execution of a trust leaving all trust property to Defendant); (2) July 2016 (grant deed transferring real property in Paso Robles to the trust); and (3) June 2017 (amendment to trust specifically disinheritin...
2019.2.21 Motion to Compel Further Responses 620
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.21
Excerpt: ...orentino, Dan Neff1 , the Arroyo Grande Police Department, the City of Arroyo Grande, and Michael Smiley. Plaintiff's lawsuit asserts causes of action for (1) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Education Code section 44114; (3) invasion of privacy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) negligent hiring, supervision, and retentio...
2019.2.21 Motion for Good Faith Settlement 322
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.21
Excerpt: ...seling in connection with his drug addiction. The Starr Defendants were leasing commercial space from Bonaire Investments (“Bonaire”) in Los Osos, California. Garland's mother and father, Julie Stahl and James Garland (“Plaintiffs”), filed separate but virtually identical complaints in April and June 2015, respectively. The Court ordered the matters consolidated in September 2015. First amended complaints were filed in May 2018. Plaintiff...
2019.2.21 Motion to Enter Judgment Pursuant to Stipulation 888
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.21
Excerpt: ...actory completion of specified terms that were not to be performed within 45 days of the settlement, but that a request for dismissal would be filed no later than December 13, 2018. This Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6, and set the matter for dismissal on January 28, 2019, absent a motion prior to that date. On January 4, 2019, Plaintiff filed this motion pursuant to Code of Civil Procedure section 66...
2019.2.13 Motion to Strike Complaint 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.13
Excerpt: ...Amended Petition against Jed D. Hazeltine, individually and as successor trustee of the Goedinghaus Family Trusts B and C (“Hazeltine”), and Kathryn Glenn (“Glenn”), individually and as successor trustee of the Carl H. Goedinghaus Family Trust A. (the “Petition”). The 349 page Petition requests relief including removal of the trustees and surcharge of the trustees. On April 30, 2018, Goedinghaus filed a 372 page civil complaint, case ...
2019.2.13 Motion to Require Confidentiality Agreement Subclass to Comply with Dispute Resolution Procedures 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.13
Excerpt: ...lty payments on oil produced. On April 5, 2017, the Court certified the overall 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 ....”1 In addition, the Court certified two subclasses: (a) those owners who share the cost of purchased gas by deductions to their royalties; and (b) those owners whose leases are potentially...
2019.2.13 Motion to Expunge Lis Pendens 111
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.13
Excerpt: ...ultiple Defendants, including Bank of New York Mellon Trust Company NA (“BNYM”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. Plaintiff alleges that the day after the sale, First American as trustee for BNYM, declared the sale invalid, and returned Plaintiff's payment. On February 28, 2018, Plaint...
2019.2.13 Motion for Judgment on the Pleadings 196
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.13
Excerpt: ...fendant”) filed her answer. Plaintiff now moves for judgment on the pleadings in the amount set forth in the complaint, plus costs, pursuant to California Code of Civil Procedure section 438. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and, because matters in requests for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. Defend...
2019.2.7 Motion for Leave to Conduct Deposition, Medical Exam 637
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.7
Excerpt: ...arson”) is liable. Trial is set for February 19, 2019. Defendant has filed a Motion for Leave to Conduct Second Deposition of Plaintiff, and a Motion for Leave to Conduct a Medical Examination of Plaintiff. Plaintiff opposes both motions. Motion for Leave to Conduct a Medical Examination of Plaintiff Defendant moves for leave to conduct a second medical examination of Plaintiff on February 11, 2019, with Dr. Mary Genevieve, a board‐certified ...
2019.2.7 Motion for Leave to File Amended Complaint 651
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.7
Excerpt: ...LaBarre is the Supervising Environmental Health Specialist with 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 B...
2019.2.7 Motion to Amend Judgment 350
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.7
Excerpt: ...Judgment was renewed on August 19, 2013. Plaintiff has now received an employment verification showing that Defendant also goes by Yesenia Vela. (Chen Decl., ¶ 9; Exhibit 6.) Plaintiff moves to amend the Judgment to add the name Yesenia Vela to the Judgment, along with Yesenia Yela. Plaintiff asserts that Yesenia Yela and Yesenia Vela are the same individual, and Plaintiff is not adding a new party to the Judgment. A California court may use “...
2019.2.7 Motion to Compel Compliance or Clarification of Court Order 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.7
Excerpt: ...precertification discovery, including form interrogatories, special interrogatories, and Requests for Production (“RFPs”). Paloma provided responses, but Plaintiff argued that some of those responses were incomplete because they failed to disclose contact information about putative class members. About a year later, in September 2016, Plaintiffs filed motions to compel further responses in connection with that discovery (“September 2016 Mot...
2019.2.7 Motion to Compel Further Responses 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.2.7
Excerpt: ...dants”).1 Currently on calendar are eight discovery motions. This tentative ruling covers (1) Plaintiffs' Motion to Compel Further Responses from the corporate Defendants to Requests for Production (“RFP”; Set Two) Nos. 38‐77; and Nos. 44, 48, 52‐54, 56‐69, and 74‐77 for Mr. Maldonado; and (2) Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue...
2019.2.6 Demurrer, Motion to Strike 099
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.2.6
Excerpt: ...On December 3, 2018, Agenbroad filed a cross‐complaint against MacDonald. Agenbroad's cross‐complaint alleges two causes of action: (1) Common Count: Money Had and Received; and (2) Public Disclosure of a Private Act. MacDonald has now filed a Special Motion to Strike Second Cause of Action of Cross‐Complaint (anti‐SLAPP Motion – Code Civ. Proc., § 425.16) (“Motion”). MacDonald seeks an order striking the second cause of action fro...
2019.2.5 Motion for Approval of PAGA Settlement, to Intervene or Consolidate 226
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.2.5
Excerpt: ...th proper rest breaks due to understaffing. Specifically, Mr. Eicher argued that if he were to take a rest period, it would violate the nurse to patient ratio required by existing regulations. Mr. Eicher was successful in his claim against the Hospital and was awarded damages of approximately $33,000 in July 2014. (Teukolsky Decl., Ex. 4.) The understaffing issue and its effect on the RNs' rest breaks had been raised previously with Hospital mana...

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