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1875 Results

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2021.12.16 Motion for Protective Order 249
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ... 2021, Plaintiff dismissed BANA from the action without prejudice. Currently before the Court is BANA's motion for protective order, filed on July 20, 2021, by BANA in its capacity as a real party in interest. The motion concerns a subpoena served by Plaintiff requesting video surveillance footage of the April 10, 2021, incident that is at issue in this lawsuit. BANA contends the video footage includes scenes of three bank employees using bank co...
2021.12.16 Motion for New Trial of Appellate Ruling 559
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ... October 9, 2020, judgment was entered in favor of Plaintiff. Defendant appealed the judgment. On January 4, 2021, the Court conducted a trial de novo and issued a written ruling. Judgment was entered in favor of Plaintiff. Notice of entry of judgment was served by the Court on the parties on January 5, 2021. In its January 4, 2021, order, the Court ruled: “The law in California permits a tenant to sublease property unless the lease between the...
2021.12.16 Demurrer 576
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ...The FAC alleges RRM “designed and/or manufactured and/or inspected and/or installed the Subject Slide.” (FAC, ¶ 3.) RRM is named as a defendant in the first (negligence), second (strict products liability), and fifth (loss of consortium) causes of action. Currently on calendar is RRM's demurrer to all three causes of action on the ground that Plaintiffs failed to attach a certificate of merit as required by Code of Civil Procedure section 41...
2021.12.15 Motion to Strike TAC, PAGA Claim, Demurrer to TAC 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...); Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On July 29, 2020, th...
2021.12.15 Motion to Augment, Correct Record, Petition for Writ of Mandate 402
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...e CCC's Executive Director John (Jack) Ainsworth (“Ainsworth”), and the California Department of Parks and Recreation (“State Parks”).1 Friends seeks a writ challenging the CCC's approval of an amendment (Coastal Development Permit (“CDP”) Amendment No. 3‐12‐050‐A1) to a coastal development permit (CDP No. 3‐ 12.050) expanding the dust control program at Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “S...
2021.12.15 Motion for Terminating Sanctions 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... Now before the Court is Defendants' motion for terminating sanctions against Humberto Avelar based on his failure to participate in this lawsuit, including failing to appear for his deposition. Defendants request this Court issue terminating sanctions and dismiss Avelar's claims in their entirety, with prejudice. The Court has the authority to issue terminating sanctions in the form of a dismissal of the action for a party's misuse of the discov...
2021.12.15 Motion for OSC Re Contempt 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... scheduled to take place on May 2, 2019. Respondent's then counsel objected to the Deposition Subpoenas on Jennifer's behalf.1 No documents were produced in response to the Deposition Subpoena and Jennifer did not appear for her deposition. In October 2019, Petitioner followed up with a motion to compel and request for sanctions, which the Court granted in part on January 15, 2020. The Court directed Jennifer to appear for her deposition, but fou...
2021.12.15 Motion for Final Approval of Class Action Settlement 146
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...artments (the Property), in Paso 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 Professi...
2021.12.09 Petition to Permit Entry on Property 323
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.09
Excerpt: ...d evidentiary hearing, as discussed below. The “Particular Use” Requirement Section 1245.010 provides that “any person authorized to acquire property for a particular use by eminent domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.” The County has th...
2021.12.08 Motions to Compel Further Responses 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...oners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are three motions to compel filed by Petitioners: (1) Motion to compel Respondent Carolyn Dougherty's further responses to form interrogatories and for sanctions in the amount of $2,...
2021.12.08 Motion to Compel Second Inspection 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...rty, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase, on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the second part of the first in...
2021.12.08 Motion to Compel Further Responses, for Sanctions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...w before the Court is Brown's motion to compel Plaintiff's further responses to requests for production of documents, set 4, nos. 48, 50, 62, and 63, and for sanctions in the amount of $2,707.50. The timing of the events associated with this motion are important. The Court lays out the following timeline: On February 5, 2021, Plaintiff served responses to the subject requests for production (RFPs). (Coffin decl., Ex B.) After meet and confer effo...
2021.12.08 Demurrer, Petitions to Confirm Arbitration Award and Enter Judgment, to Vacate Arbitration Award 205
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...erro and Corentec to resolve a dispute pending before the American Arbitration Association (AAA).” (Cmp., ¶ 1.) Dr. Ferro alleges that he accepted a settlement offer, that Corentec contends the offer had been revoked, and that Corentec thereafter refused to comply with the agreement's terms. (Cmp., ¶ 2.) The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Fer...
2021.12.02 Motion for Entry of Judgment Under Terms of Stipulated Settlement 539
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...ties jointly requested that the Court retain jurisdiction under Code of Civil Procedure, section 664.6, along with a Notice of Conditional Settlement. (Ex. A.) On June 3, 2020, the Court entered an order dismissing the action under conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6. The Court ordered that judgment be entered upon the application of Plaintiff, pursuant to the stipulation,...
2021.12.02 Motion for Summary Adjudication 663
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...ught a motion to transfer venue, or in the alternative, compel arbitration. The Court denied the motion to transfer venue and granted the motion to compel arbitration as to all claims except for the PAGA cause of action. Following that order, Plaintiff dismissed all of her individual claims and filed a Second Amended Complaint, alleging a single cause of action under PAGA (the “SAC”). VSS now moves for summary adjudication of four claims with...
2021.12.02 Motion to Strike Punitive Damages 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...�Lot 28”), which shares a common boundary with real property owned by the Apodacas. The complaint alleges that Anderson acted as the Apodacas' agent to list and sell their property, and during her efforts to do so, made false statements regarding Plaintiff and Plaintiff's property. In particular, Anderson asserted that the Apodacas have reversionary rights to Lot 28 and that the lot is a “non‐buildable abandoned easement.” The complaint f...
2021.12.01 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.01
Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...
2021.11.30 Motion for Entry of Judgment Under Terms of Stipulated Settlement 423
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.30
Excerpt: ...ies. Pursuant to the settlement agreement, the Court is to retain jurisdiction under Code of Civil Procedure section 664.61 . The settlement agreement provides that the parties agree that $3,529.82 plus court costs is the accurate amount Defendant owes Plaintiff; and that Defendant agrees to pay Plaintiff a minimum of $50.00 on or before the 19th day of each month beginning June 2017, followed by a minimum of $100.00 on or before the 19 th day of...
2021.11.24 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...
2021.11.24 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...
2021.11.24 Demurrer 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...
2021.11.18 Motion to Tax Costs 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...ears”). On September 30, 2021, Long and the Fears submitted memoranda of costs. Currently on calendar is the City of Exeter, Clifton Bush, and Brett Inglehart's (collectively, the “City”) motions to tax costs. 1. The City's Motion to Tax the Fears' Requested Costs The Fears memorandum of costs sets forth costs of $49,179, which includes $22,081 in court reporter fees. (Code Civ. Proc., § 1033.5(a)(11).)1 The City takes issue with the amoun...
2021.11.18 Motion for New Trial 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...buted $1,300,000 to economic damages and $12,500,000 to noneconomic damages); and (2) Rachel, Sarah, and Steven Fear (the “Fears”) damages of $7,000,00, all of which was attributed to noneconomic damages. With respect to liability, the jury found (1) the City of Exeter to be 83.5% at fault (split between its employees Brett Inglehart at 42% and Clifton Bush at 41.5%); (2) Alex Geiger to be 16.5% at fault; and (3) Christopher and Monica Belavi...
2021.11.17 Motion to Expunge Lis Pendens 300
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...ust originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares with t...
2021.11.17 Motion for Judgment on the Pleadings 577
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...
2021.11.10 Demurrer, Special Motion to Strike, for Specified Discovery, for Appointment of Free Counsel 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...
2021.11.10 Motion to Vacate Dismissal 464
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...
2021.11.10 Motion to Compel Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...
2021.11.09 Motion for Judgment on the Pleadings or to Strike 108
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ed, (3) breach of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages ...
2021.11.09 Demurrer, Motion to Strike 056
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...
2021.11.09 Motion to Compel Further Responses 078
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...
2021.11.04 Demurrer 433
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.04
Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [Citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 C...
2021.11.03 Motions to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...
2021.11.03 Motion for Summary Judgment, Adjudication 641
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...
2021.11.03 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...
2021.11.03 Motion for Leave to File Amended Complaint 221
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...
2021.11.03 Application for Right to Attach Order 288
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...
2021.11.02 Motion to Compel Deposition, for Monetary Sanctions, to Quash Business Records, for Protective Order 325
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.02
Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...
2021.10.28 Demurrer 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Dece...
2021.10.28 Motion to Quash 031
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...
2021.10.28 Motion to Compel Release of Psychiatric Treatment Records 254
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...
2021.10.27 Motion for Terminating Sanctions 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...
2021.10.27 Motion for Summary Judgment, Adjudication 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...
2021.10.27 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...
2021.10.27 Motion for Judgment on the Pleadings 160
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...
2021.10.27 Motion for Judgment on the Pleadings 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store 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 group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...
2021.10.27 Motion for Final Approval of Class Action Settlement 543
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ... General Act (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was not opposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to be sent to class members by Ju...
2021.10.26 Motion to Change Venue 403
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.26
Excerpt: ...is Defendant's motion to transfer venue to the Napa County Superior Court. Defendant moves pursuant to Code of Civil Procedure section 397(a), i.e., that the court designated in the complaint is not the proper court. 1 Plaintiff opposes the motion. For the first time in his initial reply, submitted on July 29, 2021, Defendant argued that the matter should be transferred under section 397(c), i.e., convenience of witnesses and ends of justice. At ...
2021.10.26 Motion for Judgment on the Pleadings 301
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.26
Excerpt: ...quests for admissions, set one (the RFAs), based on Defendant's failure to respond to Plaintiff's RFAs. Now before the Court is Plaintiff's motion for judgment on the pleadings. The Court is not in receipt of an opposition; a proof of service is on file. A plaintiff may move for judgment on the pleadings where the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts ...
2021.10.21 Motion to Strike 656
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.21
Excerpt: ...onald made about Plaintiff in May and June 2019 to the San Luis Obispo Police Department (the “SLO‐PD”), in connection with a pending criminal investigation and at a preliminary hearing in the resultant judicial proceeding (Case No 19F‐05075). Currently, on calendar is MacDonald's motion to strike pursuant to Code of Civil Procedure section 425.16,1 also known as the Anti‐SLAPP statute. For the reasons set forth below, the motion is gra...

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