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2019.12.19 Motion to Compel Further Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.19
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...
2019.12.19 Motion for Summary Judgment, Adjudication 640
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.19
Excerpt: ... County) owned, operated, and controlled catch basins, storm drain systems, drainage systems, and/or street improvements on North Oak Park Boulevard adjacent to CCS, which caused or contributed to the flooding. Plaintiffs' First Amended Complaint (FAC) alleges seven causes of action against Defendants CCS, the County, and the City of Arroyo Grande (the City). After Plaintiffs dismissed two causes of action pled against the County, two causes of a...
2019.12.18 Petition to Compel Arbitration, Motion for Terminating Sanctions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...nd winding up of limited partnership. On August 26, 2019, this Court ordered the parties to attend mediation, to be completed by December 6, 2019. (Pick Decl., Ex. F.) Mediation was scheduled for November 6, 2019. (Pick Decl., ¶ 14.) However, Mr. Pemberton, by this time was no longer represented by counsel1 , and did not appear at the mediation. (Ibid.) On August 15, 2019, Defendants – still represented by counsel – filed a petition to compe...
2019.12.18 Motion to Strike 508
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...s Pismo Beach Self‐ Storage, L.P. (PBSS); PBGP, LLC; and M.J. Ross Construction, Inc. (MJR), and alleges causes of action for (1) negligence, (2) removal of lateral support (against PBSS and PBGP, only); (3) negligence per se; (4) trespass; and (5) private continuing nuisance. This lawsuit concerns two adjacent parcels of property located at 100 Five Cities Drive (the PBSS Property) and 200 Five Cities Drive (the Jasool Property). (FAC, ¶¶ 3,...
2019.12.18 Motion to Set Aside Default 385
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ... served with the summons and complaint on April 10, 2019. He too did not file an answer, and his default was entered on May 21, 2019. On August 28, 2019, Defendants moved to set aside their respective entries of default. However, the proofs of service did not indicate that the motions were served on Plaintiff, the notice of motion was incorrect, and the motions did not indicate under what statute or on what grounds the parties were seeking to set...
2019.12.18 Motion to Compel Arbitration 390
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...use of action for violation of Business and Professions Code sections 17200, et seq. Plaintiff's FAC alleges that Mindbody engaged in unfair business practices because he and other similarly situated employees in California were not paid overtime at the correct rate, were not provided with duty‐free meal and rest periods, were not paid meal period premiums, and were not reimbursed for their business expenses, in violation of various provisions ...
2019.12.18 Motion for Summary Judgment, Adjudication 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...n Trust. Pursuant to the terms of the Trust, and its amendments, Claire continued to serve as the 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. The Settlors' son, Peter, served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in a trust proceeding (Case N...
2019.12.18 Motion for Change of Venue 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...uta's behalf in the United States District County Central District, which is located in Los Angeles County. That action was dismissed shortly thereafter at the request of Nauta's mother, in order to make some changes. A revised complaint was filed against Bank of America in the same court on February 16, 2018. It was later dismissed at Nauta's direction, on April 23, 2018. (Murphy Decl., ¶¶ 9‐12.) Murphy reports that she and Nauta have been e...
2019.12.18 Demurrer 276
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.12.18
Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...
2019.12.12 Petition for Writ of Mandate 286
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.12
Excerpt: ... Off Highway Motor Vehicle Recreation (State Parks) is a real party in interest because the complained‐of activity occurred partially on its land. Petitioner's allegations. This action centers around the County's alleged mismanagement of a lagoon at the mouth of the Arroyo Grande Creek in San Luis Obispo County (the Lagoon). Petitioner alleges the County has “manipulated this Lagoon primarily during the rainy season for flood control purposes...
2019.12.12 Motion to Set Aside Good Faith Settlement 372
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.12.12
Excerpt: ...S. Highway 101. On June 7, 2019, Coleman filed a Notice of Settlement and an Application for Determination of Good Faith Settlement which reported that he had settled with Plaintiffs in the amount of $15,000. The Court approved the application 26 days later, on July 3, 2019. On July 5, 2019, Defendant filed three declarations in opposition to the application; and a week later, on July 10, 2019, filed an opposition to the application. The Code of ...
2019.12.10 Motion to Compel Further Responses 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.10
Excerpt: ...f the rent generated by the Property's three‐units. Defendant answered the complaint on May 1, 2019, and filed a cross‐complaint alleging common counts that same day. The cross‐complaint, which was filed using a Judicial Council form, does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property....
2019.12.10 Demurrer 095
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.12.10
Excerpt: ...tinuing nuisance, (2) declaratory relief, and (3) to enjoin harassment and threatening behavior. On December 11, 2018, Plaintiff filed a complaint against the City of Atascadero (the City), alleging causes of action relating to Ms. Powell's alleged use of her property. The crux of both complaints is that Ms. Powell has used her property in such a way that untreated sewage has flowed from it to Plaintiff's Property. Plaintiff also alleges that the...
2019.11.27 Motions to Compel Further Discovery Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.27
Excerpt: ...work. Defendants filed a Cross‐Complaint. On April 15, 2019, Plaintiff served form interrogatories (set one) on Brown and on Hefele. On May 7, 2019, Plaintiff served form interrogatories (set two) on Brown and on Hefele, inspection demands (set one) on Brown and on Hefele, and special interrogatories (set one) on Brown and on Hefele1 . Defendants each served their objections and responses to the discovery (including both sets of form interrogat...
2019.11.27 Motion to Deem Requests for Admissions Admitted, Request for Sanctions 298
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.27
Excerpt: ...ntial building in exchange for payment from Defendant. (Compl., ¶ 3.) Plaintiff alleges it performed, but that Defendant failed to pay an invoice in the amount of $8,298. (Compl., ¶¶ 4‐6.) On April 26, 2019, Defendant filed an answer, denying Plaintiff's allegations. Now, before the Court is Plaintiff's motion to deem the truth of the matters specified in Plaintiff's requests for admission (RFAs) to Defendant admitted, and for sanctions in t...
2019.11.27 Motion to Vacate Dismissal and Enter Judgment 975
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.27
Excerpt: ...suant to a Stipulation filed September 11, 2019, Defendant agreed to judgment in Plaintiff's favor in the amount of $4,074,60, representing the unpaid credit card balance and court costs. (Stip., ¶ 1.) The Stipulation further provided that Plaintiff would not request judgment be entered so long as Defendant did not default with a payment plan. (Id. at ¶ 4.) Per the Stipulation, Defendant was required to make payments directly to Plaintiff's cou...
2019.11.26 Demurrer 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ... Defendants). Plaintiffs' complaint alleges causes of action1 for (1) intentional interference with contractual relations (by Mr. Letters, Letters, Inc., and WCG), (2) intentional interference with prospective economic advantage, (3) violation of California Business and Professions Code (B&PC) section 17045, and (4) declaratory relief. Plaintiffs allege they are each separate, independent retail services stations with fuel dispensaries who entere...
2019.11.26 Motion to Compel Mediation 193
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...r for litigation. Defendant argues that Plaintiff improperly filed this action without first pursuing mediation. Plaintiff argues in opposition that no legal authority supports this petition, and that none of the statutes or rules cited by Defendant authorize the Court to grant Defendant the relief she seeks. Plaintiff further argues that mediation would be futile. The statutes and rules cited by Defendant's motion, Code of Civil Procedure sectio...
2019.11.26 Petition to Confirm Arbitration Award 619
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...horized the $6,500 payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requ...
2019.11.26 Motion to Set Aside Default Judgment 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.26
Excerpt: ...il conspiracy and the sixth cause of action for violation of California Business & Professions Code section 17200. After a prove‐up hearing, a default judgment was entered against ZLG on July 15, 2019. ZLG now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473(b) and 473.5. Although not set forth in the caption for their motion, ZLG further argues the judgment should be set aside under section 473(d), as a v...
2019.11.21 Demurrer, Motion to Strike, to Enforce Settlement 571
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.21
Excerpt: ...rian Symcox, an individual, filed a second amended complaint (SAC) against RIG, TheClymb, and Does 1 through 15 alleging causes of action for (1) breach of contract, (2) fraudulent transfer, (3) conspiracy to defraud, (4) successor liability, (5) an accounting, (6) declaratory relief, and (7) unfair competition. Plaintiffs allege that RIG is an Oregon corporation whose license is “administratively suspended,” but has “never formally dissolv...
2019.11.21 Motion for Preliminary Injunction 724
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.21
Excerpt: ...st amended complaint filed on October 30, 2019 added a cause of action for fraud. Prior to that on January 22, 2019, IVDC had filed a cross‐complaint for breach of contract, breach of duty of good faith and fair dealing, breach of fiduciary duty, injunctive relief, declaratory relief, receipt of stolen property, negligence, and unfair competition. Sterling and Ciano Real Estate, Inc. are named as the cross‐defendants. The parties dispute aris...
2019.11.21 Demurrer 477
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.21
Excerpt: ...e at California Men's Colony (CMC). Plaintiff alleges that, on July 2, 2018, the Investigative Service Unit at CMC conducted a contraband search in prison dorm 16 while the inmates were at breakfast. (Pet., p. 1 and Ex. B.) Plaintiff claims that after this search, he discovered that his personal items were scattered, and he was missing items from his locker, identified as a battery charger, 4 AA batteries, 6 AAA batteries, and a book lamp. (Pet.,...
2019.11.21 Motion for Leave to File Amended Complaint 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.21
Excerpt: ...TDG”) (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 California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, and a...
2019.11.20 Motion for Attorney's Fees 516
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.20
Excerpt: ...e the Court is Defendant's motion for attorney's fees. The motion is unopposed. Section 527.6 of the Code of Civil Procedure1 which governs requests for, and issuances of, temporary restraining orders (TROs), was enacted “to protect the individual's right to pursue safety, happiness and privacy as guaranteed by the California Constitution.” (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 729‐730, citing Stats.1978, ch...
2019.11.20 Motion for TRO 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.20
Excerpt: ...endant. Plaintiff takes issue with this testing, and purports to allege a cause of action for “intentional tort.” (Compl., p. 4) Plaintiff alleges that Defendant misrepresented the results of Plaintiff's polygraphs, and that Plaintiff has suffered damages and setbacks in his treatment program as a result. Plaintiff seeks compensatory damages in the amount of $2,500,000, punitive damages, costs, and requests that Defendant's license and certif...
2019.11.20 Petition for Minor's Compromise Under Seal 562
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.20
Excerpt: ...r stipulation of the parties) on July 31, 2019. The amended complaint added Hudson Portesi, a minor, as a plaintiff. Uber Technologies, Inc, and Rasier ‐CA, LLC (the “Moving Parties”) now seek an order allowing the Petition for Approval of Minor's Compromise to be filed under seal. The Moving Parties argue the proposed petition requires disclosure of the “settlement amount” within a confidential settlement agreement, and that the partie...
2019.11.19 Motion for Summary Adjudication 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.19
Excerpt: ...each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing” (DTW) standard. The TAC alleges that with respect to each contract, Eagle improperl...
2019.11.14 Motion to Compel Arbitration 270
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.14
Excerpt: ...08.5), (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) gender violence (Civ. Code, § 52.4). Plaintiff alleges that on May 11, 2017, she was sexually assaulted by Mr. Edwards 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 assaulte...
2019.11.14 Motion to Set Aside Entry of Default, Judgment, to Quash Service 397
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.14
Excerpt: ... High Ridge Manor, and the other partners, HRM 1, LLC and Lane Yudell (collectively with High Ridge Manor, “Defendants”). The complaint alleges, among other things, that Defendants failed to make the payments required under the partnership agreement. The proofs of service on file indicate that on January 2, 2019, at 7:00 p.m., Lane Yudell was personally served, both in his individual capacity and as the authorized agent for the two entity def...
2019.11.14 Motion for Post-Judgment Costs and Fees 259
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.14
Excerpt: ...efore the Court again on November 30, 2017, when Martell filed a claim of exemption to an earnings withholding order. After reviewing Martell's Financial Statement, the Court ordered her to pay $150 per month starting December 15, 2017. A writ of execution returned on April 16, 2019, reports that Martell has paid $3,962.50 towards the judgment, and that there is $2,580.03 left owing. Simmons now moves for an award of post‐ judgment costs and at...
2019.11.13 Motion for Attorney's Fees 067
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.13
Excerpt: ...n default on rents due from December 2017 through March 2018. Plaintiff was awarded judgment in the net amount of $3,619, and as the prevailing party, was awarded attorney's fees in the amount of $11,831.25, and costs in the amount of $1,015. Defendant timely filed her notice of appeal. On June 25, 2019, the appellate court upheld the judgment of the trial court, finding in Plaintiff's favor. The clerk served the remittitur on July 29, 2019. Plai...
2019.11.13 Motion for Judgment on the Pleadings 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.13
Excerpt: ...pers for Defendants. Lua worked for Defendants from May 2005 to June 12, 2017, and Guzman from 2014 to May 2017. (Cmp., ¶¶ 13, 14, 22.) Plaintiffs' first and second causes of action seek to recover unpaid minimum wages and overtime compensation, as well as statutory penalties for any violations (Lab. Code, § 1197.1). Plaintiffs' third and fourth causes of action seek damages for unpaid rest and meal breaks. Plaintiffs' fifth and seventh causes...
2019.11.12 Petition to Appoint Arbitrator 288
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.12
Excerpt: ...ter two small claim actions filed against Goodan were filed on August 2, 2019. Each of these matters is on calendar today for a case management conference. On September 3, 2019, Bella, the Ellises, Goodan, Grief, and the Harmony Ranch Association (the “HRA”) filed this action against the Pelfreys (19CVP‐0288). The dispute arises out of a shared road (easement), known as Harmony Ranch Road, which services six parcels of property. The Pelfrey...
2019.11.7 Motion for Reconsideration 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.7
Excerpt: ...d 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”). Since the complaint was filed, the Court has ruled on the Defendants' following motions: • A demurrer by PHA, which was sustained without leave to amend on April 25, 2019, and for which notice of order was served on May 1, 2019; • A demurrer by McK...
2019.11.7 Motion for Leave to File Amended Complaint 366
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.7
Excerpt: ...omplaint (FAC) adding causes of action under the Private Attorneys General Act (PAGA), and for failure to produce personnel and payroll records upon request. Defendant was served with the FAC and other relevant documents on July 23, 2019. A default was entered against Defendant on September 18, 2019. Now, before the Court is Plaintiff's motion for leave to file a second amended complaint. “The court may, in furtherance of justice, and on any te...
2019.11.7 Motion to Strike or Tax Costs 155
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.11.7
Excerpt: ...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.) On March 29, 2019, the Port filed a motion for judgment on the pleadings, which the Court granted, without leave to amend, on June 20, 2019. The Port served notice of entry of judgment on July 15, 2019. On Augu...
2019.11.6 Motion to Compel Responses, to Deem Admitted Requests for Admission, for Monetary Sanctions 248
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.6
Excerpt: ...counting, Remove Trustee, Appoint Successor Trustee, and Compel Redress for Breach of Trust against Respondent Geraldine Lopez Macklin (“Macklin”), Trustee of the Antonette Waiton Family Trust, dated March 7, 2006.1 On December 3, 2018, Petitioners filed their Verified Amended Petition. On January 23, 2019, Macklin was personally served with Petitioners' Request for Production of Documents (Set One) and Petitioners' Requests for Admissions (S...
2019.11.6 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.11.6
Excerpt: ...ium. Plaintiffs' complaint further 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 is a motion for summary judgment brought by Dr. Ryan, Mr. Anderson, and Central Coast Che...
2019.11.5 Demurrer 245
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.5
Excerpt: ...ed by the San Luis Obispo County Department of Planning and Building (the County) to Petitioner, alleging she was engaging in “unlawful cannabis activity” on the Property in violation of the County Code. (Pet., p. 2, ll. 17‐23.) To abate the nuisance, Petitioner alleges she was ordered to destroy all cannabis plants on the Property. (Pet., p. 2, l. 28.) Petitioner alleges that a hearing on the Notice was held June 8, 2018, during which time...
2019.11.5 Petition to Confirm Arbitration Award 619
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.11.5
Excerpt: ... payment which had been made by credit card. Pursuant to the parties' written contract, they attended binding private arbitration in November 2018. On December 4, 2018, the arbitrator issued his award directing Respondent to pay Petitioner $6,544.27 for the work performed. Petitioner now seeks confirmation of the arbitration award and entry of judgment pursuant to Code of Civil Procedure section 1285 et seq. Petitioner also requests costs of suit...
2019.10.31 Motion to Consolidate 063
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.31
Excerpt: ...tively with Haagensen “Plaintiffs”) had filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Gustin's complaint sets forth fifteen causes of action. Both complaints allege that Nielson started his own gymnastics training center; and both allege that Nielson made defamatory statements about them individually at the Center and the gymnastics community at large. Gus...
2019.10.29 Motion to Transfer Venue 221
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...rocedure sections 395 and 397, to transfer venue on the grounds that venue in San Luis Obispo County is improper, as Defendant is a resident of Santa Clara County. Plaintiff opposes the motion. Defendant sent correspondence to Plaintiff prior to filing her motion, seeking to have Plaintiff transfer venue. Plaintiff refused. Code of Civil Procedure section 395(a) provides that: [I]f a defendant has contracted to perform an obligation in a particul...
2019.10.29 Motion to Proceed to Trial 299
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...At the MSC, the matter settled as to Giordano only. The Court approved the terms of the settlement as cited into the record, ordered the parties to comply with the executory provisions thereof, and ordered the agreed disposition enforceable by motion pursuant to Code of Civil Procedure section 664.6. Giordano agreed to have an automatic deduction from his bank account sent directly into the Plaintiffs' account. (Exh. A, 4:2‐5.) Plaintiffs' coun...
2019.10.29 Motion to Intervene 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ...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 issued a 31 page opinion affirming the trial court's fra...
2019.10.29 Motion for Confirmation of Good Faith Settlement 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.29
Excerpt: ... by another student. (Complaint, ¶ 21.) She alleges that she suffered from injuries including a concussion, post‐ concussion syndrome, extensive bruising to cervical spine, loss of concentration and loss of mental functioning. (Complaint, ¶ 24.) On October 11, 2018, Plaintiff filed an amendment adding San Luis Physical Therapy & Orthopedic Rehabilitation (“SLPT”) to the complaint as a Doe defendant. SLPT was added as a defendant because w...
2019.10.24 Demurrer 663
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.24
Excerpt: ...he Private Attorneys General Act (PAGA), Labor Code section 2698, et seq. On March 21, 2019, this Court granted VSS's motion to compel arbitration as to all of Plaintiff's claims except for her PAGA claim. The Court stayed Plaintiff's PAGA claim pending the arbitration. On July 9, 2019, the parties filed a stipulation indicating that Plaintiff had agreed to dismiss all the causes of action in her complaint, without prejudice, save for her PAGA cl...
2019.10.24 Motion for Leave to File Amended Complaint 724
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.24
Excerpt: ...tion. Sterling Pacific seeks leave to allege an eleventh cause of action for fraud against Defendants. The Court may allow the amendment of any pleading at any time before in the furtherance of justice, and upon such terms as may be proper. (Code Civ. Proc., ¶¶ 473(a), 576.) The Court's discretion is to be exercised liberally to permit the amendment of pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) If the motion is timely and doe...
2019.10.24 Motion for Attorney's Fees 191
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.24
Excerpt: ... make a prompt offer to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.2...
2019.10.24 Motion to Tax Costs 191
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.24
Excerpt: ...urchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure1 section 998. Now, before the Court is Defendants' motion to tax Plaintiff's costs. Legal Authority. “[Code of Civil Procedure] section 1033.5, enacted in 1986, codified ...
2019.10.23 Motion to Enforce Settlement Agreement 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.23
Excerpt: ...red dollars ($600.00) each month rent for my son BENJAMIN W. MORRIS III direct to his landlord for the life of BENJAMIN W. MORRIS. The trustee shall establish a reserve fund for the rent, and keep sufficient assets in the trust if necessary. This gift shall not be paid during any periods that my son may be incarcerated. Morris filed a Petition for Order Establishing Title to Trust Property on November 5, 2014, alleging that Foster had not complie...
2019.10.23 Motion to Bifurcate Trial 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.23
Excerpt: ...e landlord. The Lease included an agreement between the parties regarding the construction of tenant improvements. On July 24, 2019, the Court granted Plaintiff's motion to file a fourth amended complaint (“FAC”) to add causes of action for disgorgement under Business and Professions Code section 7031, and for restitution/injunctive relief under Business and Professions Code section 17200, et seq. The Court adopted its tentative ruling which ...
2019.10.23 Motion for Summary Adjudication 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.23
Excerpt: ...yn Lue Eddleman (Mattie), bring this derivative action on behalf of The Morro Bay Ranch Limited Partnership (MBRLP or the Partnership) contending that the general partners breached their fiduciary obligations to the Partnership because John utilized the Ranch for his own operations without paying a fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ 24.) Plaintiffs allege there was a misappropriation of Partnership opportu...
2019.10.23 Demurrer 782
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.23
Excerpt: ...erse condemnation was pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation was pleaded against the Fire Department. The action arises out of a fire at Plaintiffs' property on December 26, 2015, and Defendants' firefighting policies. Defendants demurred to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendant...
2019.10.23 Demurrer 414
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.23
Excerpt: ...rust proceeding. In July, 2019, a few days prior to the hearing on Hoyt's motion, Corral dismissed the civil action. Hoyt initiated this civil action on July 12, 2019, wherein she alleges a single cause of action for financial elder abuse against Corral. Currently on calendar is Corral's demurrer which argues that this civil action and the trust proceeding address the “same cause of action.” On those grounds, she seeks dismissal of this civil...
2019.10.17 Motion for Entry of Stipulated Judgment, for Attorneys' Fees 262
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.17
Excerpt: ...tract, (2) property damage, and (3) injunctive relief. Plaintiffs' lawsuit centers around real property located at 383 Alder Street in Arroyo Grande (the Subject Property). Plaintiffs and Defendants entered into an agreement to purchase and develop the Subject Property. These development plans were unsuccessful for a variety of reasons, and this lawsuit followed, as well as a cross‐complaint filed by DVR Development Company, LLC; PB Companies, ...
2019.10.17 Motions to Certify Class and Subclasses 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.17
Excerpt: ...esident, director, and sole shareholder of Paloma Packing, Inc. (“Paloma”). Paloma harvests the crop once it is ready to be shipped and packed. There is an ongoing dispute as to whether Agro‐Jal is a “joint employer” with Paloma. Paloma employees are non‐exempt employees who work in harvest related activities, i.e., packers, stackers, and cutters, as well as crew bosses who supervise the harvesting employees. The crew bosses report to...
2019.10.17 Motion for Summary Judgment 046
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.17
Excerpt: ...ed by Oetiker. (See Complaint.) Plaintiff's complaint includes counts for strict products liability, negligence, and breach of warranty. Oetiker now brings a motion for summary judgment pursuant to Code of Civil Procedure section 473c on the grounds that this action is barred as a matter of law under the 10‐year statute of repose within California's Right to Repair Act (the “Act”). Plaintiff opposes the motion. As the moving party, Oetiker ...
2019.10.16 Demurrer 276
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.16
Excerpt: ...ainst Apio: His sixth cause of action for negligent supervision and seventh cause of action for vicarious liability. Apio demurs here to both causes of action alleged against it. Plaintiff opposes the demurrer. The parties met and conferred before the demurrer was filed. This action arises out of claims and allegations related to Roldan's sexual assaults of Plaintiff while Plaintiff was a minor, between August 2014 and mid‐2017. (SAC, ¶¶ 19, ...
2019.10.16 Demurrer 099
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.10.16
Excerpt: ...ns real property located at 783 Asilo Street in Arroyo Grande (the Subject Property). Plaintiff alleges that in 2003, Defendants “agreed to gift the Subject Property to Plaintiff if Plaintiff agreed to relocate her family from southern California to Arroyo Grande, CA, so that Plaintiff and her grandchild would be near defendants.” (Compl., ¶ 4.) Plaintiff alleges that she agreed to this proposal, and sold her home in Southern California, qui...
2019.10.3 Motion to Compel Further Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.3
Excerpt: ...n Kleck Road. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction with the owner of the property. Merrill and Berry were, respectively, the broker and agent negotiating the sale; and represented both the owner and Plaintiffs. Berry also performed earthwork and paving at the construction site in connection with his business Castle Construction, LLC. On July 26, 2019, Plaintiffs f...
2019.10.3 Motion for Attorney's Fees 191
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.10.3
Excerpt: ...r to repurchase or replace the vehicle, alleging violations of the Song‐Beverly Consumer Warranty Act (the Act) and fraud. On April 25, 2019, Plaintiff filed a notice of settlement of this action after Defendants accepted Plaintiff's offer to compromise under Code of Civil Procedure section 998. Now, before the Court is Plaintiff's motion for attorney's fees, costs, and expenses. Plaintiff requests a total award of $129,755.20, consisting of $1...
2019.10.1 Motion to Compel Responses to Discovery 567
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.1
Excerpt: ...il (Set One) (the “Interrogatories”), and Request for Production of Documents (Set One) (the “RFPs”). The RFPs contained six requests for production. (Arakawa Decls., Exhs. 1.) On April 17, 2019, Plaintiff mailed a letter to Defendant asking for responses and attempting to meet and confer. (Arakawa Decls., Exhs. 2.) No response to the letter was received, and no responses to the Interrogatories or the RFPs were received. (Arakawa Decls., ...
2019.10.1 Motion for Judgment on the Pleadings 005
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.10.1
Excerpt: ...fenses. Now, before the Court is Plaintiff's motion for judgment on the pleadings1 . A plaintiff may move for judgment on the pleadings on the ground that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438(c).) Here, Plaintiff's motion is based on Defendant's answer, wherein she admits al...
2019.1.30 Request for Jury Trial 952
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.1.30
Excerpt: ...nt claims that Plaintiff is not entitled to ownership or possession of the Subject Property. (Ans., ¶¶ 3.k.) Defendant asserts he is the rightful owner of the Subject Property, and that the foreclosure sale at which “Plaintiff purported to purchase and acquire title was conducted by a foreclosure trustee and a foreclosing beneficiary who had no power under or interest in the deed of trust being foreclosed.” (Ans., Attachment 3k.) Defendant ...
2019.1.30 Petition to Reduce Voting Percentages to Amend CC&Rs 684
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.1.30
Excerpt: ...s, Conditions and Restrictions and Grants and Reservations for Easements and Rights for [the Development]” (the “CC&Rs”), which was recorded on December 19, 1984. In addition, Petitioner is regulated by its Articles of Incorporation filed with the Secretary of State and its Amended and Restated Bylaws (the “Bylaws”). On November 6, 2018, Petitioner filed a verified Petition to Reduce the Required Voting Percentages to Amend the CC&Rs, p...
2019.1.30 Motion to Compel Responses, Request for Sanctions 340
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.1.30
Excerpt: ...iff served Special Interrogatories, Set One (“Interrogatories”) and Request for Production of Documents, Set One (“RFPs”) (collectively “Discovery”) on Defendant. On August 27, 2018, Plaintiff granted Defendant a two‐week extension to respond to the Discovery, making Defendant's deadline to respond September 19, 2018. (Opposition, Exh. B.) Defendant timely served responses, containing only objections, to both the Interrogatories and...
2019.1.28 Motion to Vacate Judgment 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.1.28
Excerpt: ...persons unknown, claiming any legal or equitable right, title estate, lien or interest in the property described in the cross‐complaint, and ROES 1 to 20, inclusive, Cross‐Defendants. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Vacate the Judgment under CCP §473 Plaintiff/Cross‐Defendant Timothy Mattson (“Mattson”) filed this action against Defendants/Cross‐Complainants Chelsey Baker and Jer...
2019.1.28 Motion for Summary Judgment, to Compel Compliance, to Amend 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.1.28
Excerpt: ... The Complaint alleges causes of action for financial elder abuse, unjust enrichment/restitution, fraud and declaratory relief with regard to financial and other issues related to real property located at 16555 Morro Road in Atascadero, California (“Property”). On October 10, 2017, the Bakers filed a Cross‐Complaint for Partition of Real Property against Mattson, Linda Riley (“Riley”), and various entity defendants seeking a judgment pa...
2019.1.24 Motion to Strike Portion of Complaint 646
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.1.24
Excerpt: ...e parties, Plaintiff has now amended his complaint twice. Plaintiff's Second Amended Complaint for Damages (“SAC”) states one cause of action under the Fair Employment and Housing Act (“FEHA”) (Cal. Government Code Sec. 12940, et. seq.). Defendant moves here, pursuant to Code of Civil Procedure sections 435 through 437, to strike page 5, lines 14‐15, from Plaintiff's SAC, which lines state: “when he was retaliated against for filing a...
2019.1.24 Motion to Compel Further Responses 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.1.24
Excerpt: ...alendar are two motions to compel.2 In the first motion, Plaintiffs seek 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. In the second motion, Plaintiffs seek further responses to Special Interrogatories (Set Two) Nos. 70‐72 from all of the Defendants. Plaintiffs argue that the responses in both motions relate to Defe...
2019.1.24 Motion to Compel Compliance or Clarification of Court Order 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.1.24
Excerpt: ..., including form interrogatories, special interrogatories, and requests for production (“RFPs”). Paloma provided responses, but Plaintiff argued 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 Motions”). At that time, the par...
2019.1.24 Motion for Summary Judgment 576
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.1.24
Excerpt: ...ffs allege that Mrs. Hamrick, Defendants' patient, suffered injuries due to Defendants' negligence. Mrs. Hamrick initially presented to Limburg Eye Surgery on June 9, 2015, where she was diagnosed with macular puckering, pre‐retinal fibrosis, chronic cataract, and nuclear sclerosis in her left eye. (Undisputed Material Fact [UMF] 1.) Mrs. Hamrick returned to Limburg Eye Surgery on August 7, 2015, at which time surgery was scheduled with Dr. Mar...
2019.1.23 Motion for Summary Judgment 307
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.1.23
Excerpt: ...e Civ. Proc., § 474.) Plaintiff's complaint asserts one cause of action for premises liability. Plaintiff alleges that all Defendants owned or controlled the premises located at 1248 E. Grand Avenue in Arroyo Grande (the Subject Property). Plaintiff further alleges that on December 14, 2015, she tripped and fell on an entrance step at the Subject Property, suffering injuries. Now, before the Court is Ms. Innes' motion for summary judgment. (Code...
2019.1.23 Motion to Compel Further Deposition, for Protective Order
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.1.23
Excerpt: ...r negligence and premises liability, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs are represented by Attorney Don Ernst. Hannah is represented by Attorney Jennifer Capabianco. Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe persona...
2018.8.9 Motion to Compel 025
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.9
Excerpt: ...iding coverage for any damages to the property located at 1039 Murray Avenue, Suite 120, San Luis Obispo, California 93405 (the “Subject Property”). (Compl., ¶ 10.) Plaintiff alleges Defendant “designed, manufactured, distributed, marketed, supplied, sold, assembled, and/or otherwise placed in the stream of commerce” a water heater, model number SR‐40/208, serial number 756841 (the “Water Heater”), in an office located at 1039 Murr...
2018.8.9 Petition for Relief from Government Entity 650
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.9
Excerpt: ...n July 2, 2018, Petitioner filed an Amended Petition. Respondent opposes Petitioner's request. Petitioner claims he suffered injuries while a passenger in an RTA bus, on September 27, 2016. Petitioner claims the bus was traveling southbound on Santa Rosa Street, turning right on Monterey, when the driver braked suddenly, causing the bus to hit a lightpole, shattering the passenger side windows. (Amended Petition, p. 6, ll. 15‐19.) Petitioner al...
2018.8.8 Petition for Relief from Financial Obligation During Military Service 310
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ...ing to the home station. Stark seeks to stay his payments obligation pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for serv...
2018.8.8 Motion to Vacate Dismissal 275
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ...n an attorney affidavit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because he inadvertently miscalendared the hearing date for April 19, 2017 (not 2018). Rel...
2018.8.8 Motion for Summary Judgment, Adjudication 489
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ...lleging similar claims stemming from his employment. The two cases were consolidated on December 19, 2017. Plaintiffs2 allege causes of action3 for (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 issue accurate wage statements; (6) failure to timely pay wages due at t...
2018.8.8 Motion for Costs and Expenses to Enforce Requests for Admissions 485
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ... Defendant Meghan Hughes (“Defendant”), arising out of an automobile accident. Motion for Costs and Expenses to Enforce Requests for Admissions Pursuant to Code of Civil Procedure section 2033.430, Plaintiff now moves for the recovery of expenses, including attorney's fees and costs incurred, in proving at trial the truth of certain matters that were denied by Defendant in response to requests for admissions. Plaintiff's motion seeks $182,573...
2018.8.8 Demurrer 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ...ll named beneficiaries of the Estate of Howard W. Lester, deceased. On December 27, 2017, Plaintiff filed his First Amended Complaint (“FAC”). Plaintiff alleges that he is the son of Howard W. Lester (“Howard”). (FAC, ¶ 9.) Howard divorced Plaintiff's mother in 1967, and in 1971 married Jonnie Braaten (“Jonnie”), who had two children at the time of the marriage, the Defendants. (FAC, ¶¶ 8‐10.) On May 20, 1992, Howard and Jonnie e...
2018.8.8 Demurrer 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.8.8
Excerpt: ...ed as co‐trustees.1 In November 2005, Floyd and Joan purchased real property on Alameda Drive in Paso Robles, which served as their primary residence (the “Alameda Property”). Floyd and Joan took title as “husband and wife as joint tenants.” Floyd passed away on May 29, 2008, after which Joan became sole trustee of the Trust. In July 2008, Joan recorded (1) an Affidavit – Death of Joint Tenant removing Floyd from title on the Alameda ...
2018.8.2 Motion for Attorneys' Fees 295
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.2
Excerpt: ...y moved for an award of attorneys' fees ($68,549.60) pursuant to the parties' Operating Agreement and Civil Code section 1717.1 By its terms, Civil Code section 1717 applies only to actions “on a contract” and to fees “which are incurred to enforce that contract.” (See Santisas v. Goodin (1998) 17 Cal.4th 599, 615.) Defendant, however, did not explain how the claims in the three versions of the complaint were “on the contract,” i.e., ...
2018.8.2 Demurrer 460
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.2
Excerpt: ...ten or oral; and (3) is uncertain. 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.) 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 (2009) 178 Cal.App.4th 1020, 1...
2018.8.2 Motion for Discovery of Financial Condition 380
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.2
Excerpt: ...t. Plaintiff alleges that Defendant had been drinking at the Cliffs' restaurant; that he was intoxicated at the time of the incident; and that Plaintiff and Defendant had an altercation prior to Defendant striking Plaintiff with his (Defendant's) vehicle. Plaintiff's complaint includes a claim for punitive damages against Defendant. Pursuant to Civil Code section 3295(c), Plaintiff now brings a motion for order allowing pretrial discovery of Defe...
2018.8.2 Motion for Summary Judgment 359
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.2
Excerpt: ...s that on July 24, 2016, she visited the Property to access the beach below the Property, known as Shelter Cove. Plaintiff alleges the walkway down to Shelter Cove gave way, causing her to fall down to the beach below, sustaining injuries. (Compl., ¶ 8.) On the date of her injury, Plaintiff was not a paying guest at Defendant's Property, but rather visited the Property to access the beach, where she planned to meet her friends. (Def.'s Separate ...
2018.8.2 Motion to Redact 834
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.8.2
Excerpt: ...de Defendant's confidential information, including financial account numbers and Defendant's social security number. Plaintiff now moves to redact Defendant's “personal identifiers” from the complaint. (Cal. Rules of Court, rule 1.201.) The motion is unopposed. Plaintiff seeks to replace the complaint with a redacted copy omitting all but the last four digits of Defendant's financial account and social security numbers. Plaintiff's counsel av...
2018.7.31 Motion for Summary Judgment, Adjudication 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...otion is nonetheless still denied. RULING Castlerock Development and K&M Holding Corporation (collectively, “Plaintiffs”) initiated this litigation on November 29, 2016, against the City of Atascadero (the “City”). A first amended complaint and petition for writ of mandate (“FAC”) was filed on January 31, 2017. The FAC challenges certain development impact fees imposed by the City in connection with Plaintiffs' development of 802 acre...
2018.7.31 Motion for Judgment on the Pleadings 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...or judgment on the pleadings. There is no opposition.1 Prior to initial hearing on this matter, the Court posted a tentative ruling (1) directing the parties to participate in a meaningful meet and confer as required by Code of Civil Procedure section 439(a); and (2) directing Capital One to submit a declaration confirming compliance with that section. At the hearing on July 17, 2018, the Court was informed that the parties had not yet met and co...
2018.7.31 Demurrer, Motion to Strike 116
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.31
Excerpt: ...st since 2007, and was misclassified as an exempt employee. The complaint alleges that each Defendant is the alter ego of the other. (Cmplt., ¶¶ 17‐18.) The individual Defendants Quinn and Nichols demur to the entirety of the complaint on the grounds that it does not state facts sufficient to constitute a cause of action; and also move to strike specific lines in the complaint which reference “Labor Code §§ 558, 558.1 and other.”1 Speci...
2018.7.31 Claim of Exemption
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.31
Excerpt: ... to enforce the judgment against Defendant through a wage garnishment. Defendant has filed a claim of exemption in which he reports (a) his gross monthly income as $2,000, and (b) deductions of $200 for required federal and state withholdings, and $50 for a wage garnishment filed by the Employment Development Department (“EDD”). In addition to the existing wage garnishment, Defendant reports that his net monthly expenses ($1,850) exceed his n...
2018.7.26 Motion to Expunge Lis Pendens 352
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.26
Excerpt: ...ent's son, alleges he is also a current beneficiary. Respondent disputes this, contending Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is a division between Marital and Family shares. The Family Share trust became irrevocable upon Jerry McKibben's death. The Trust held six ...
2018.7.5 Motion to Strike 243
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ...013, Defendant expressed her concerns to Plaintiff regarding the absence and makeup policy in his P.E. class, in which Defendant's son was enrolled. (Compl., ¶ 6.) Defendant's concerns stemmed from her son's C‐grade, which Plaintiff explained was due to several absences, per department policy. (Ibid.) Thereafter, Defendant allegedly began a campaign to overturn what she considered an unfair policy concerning absences, involving several other s...
2018.7.5 Motion to Contest Good Faith Settlement 529
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ...er), Christopher and Monica Belavic (the owners of the residence where Geiger lived with the dogs), the City of Exeter, the City of Grover Beach, and the cities' respective police departments. The City Defendants had allegedly owned, maintained, utilized, or sought to procure one of the dogs (named Neo) as part of their K‐9 police units. The City of Grover Beach filed a cross‐complaint for indemnification against the other Defendants (except ...
2018.7.5 Motion for Summary Judgment 289
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ... Fact (“UMF”) 3.) Wendee Carr (“Defendant”), Mr. Carr's wife, is a signatory to the release with Ms. Perez's insurance company, which specifically states: “This is not to be construed as a release of any UIM claim.” (Compl., Ex. B.) At the time of the accident, Mr. Carr was insured under a policy of automobile liability insurance (“the Policy”) issued by Interinsurance Exchange of the Automobile Club (“Plaintiff”). The “Name...
2018.7.5 Motion for Relief from Default 059
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ...s on the underlying note. McClure was served by personal service on April 4, 2018. Her default was entered on May 8, 2018, and a default prove‐up hearing set for June 4, 2018. That hearing was continued to the present hearing date. In the interim, McClure filed this motion to set aside default pursuant to Code of Civil Procedure section 473(b).1 In her supporting declaration, McClure states that (1) she contacted Rossi after the complaint was f...
2018.7.5 Motion for Leave to File Complaint 196
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ...mplaint‐in‐intervention pursuant to Code of Civil Procedure section 387. According to the motion, Plaintiff was working in the course and scope of his employment with Aqua Systems when the accident occurred. Aqua Systems, at the time, was insured by Great American. Great American alleges that it has paid workers' compensation benefits to Plaintiff in connection with the incident. Under Labor Code sections 3852 and 3853, the insurer has a stat...
2018.7.5 Claim of Exemption 264
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ...eable debt under federal bankruptcy law. On October 6, 2017, the bankruptcy court returned the 2014 judgment to this Court. On January 5, 2018, Plaintiff was issued an Abstract of Judgment in the amount of $57,493.07 and a Writ of Execution in the amount of $57,968.07. On March 6, 2018, Plaintiff filed an Acknowledgment of Satisfaction of Partial Judgment, crediting Defendant for payments of $13,000. Plaintiff executed a bank levy on two of Defen...
2018.7.5 Claim of Exemption 248
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.7.5
Excerpt: ....) As of June 4, 2018, the Santa Barbara County Sheriff's Department is holding $3,887.30. Defendant filed a claim of exemption contending the levied funds are wages and checking the boxes indicating that (1) his claim is made “pursuant to a provision exempting property to the extent necessary” for the support of Defendant and his dependents, and (2) the property claimed to be exempt is “tools, implements, materials, uniforms, furnishings, ...

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