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1875 Results

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2020.02.13 Motion for Attorney's Fees 181
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.13
Excerpt: ... of $800 on the 15th of each month, with the first payment due on April 15, 2014. The Note was to be secured by, among other things, a prior installment note recorded on January 31, 2008 (the Installment Note). The Installment Note provided funds ($50,000.00) for the construction of a home on real property located at 850 Taft Street in Pismo Beach, California. The Installment Note was itself secured by a deed of trust recorded against Defendant's...
2020.02.06 Motion to Compel Further Responses 569
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.06
Excerpt: ...sed the subject vehicle, a 2013 Dodge Durango (the “Durango”), and that during the warranty period, the Durango developed defects related to its engine. On March 4, 2019, Plaintiffs served Requests for Production of Documents, Set One (the “RFPs”) on FCA US LLC (“FCA”). Plaintiffs requested that FCA produce documents concerning FCA's internal investigation and analysis of the alleged engine defect (RFP Nos. 1, 10, 17, 19‐24, 63) and...
2020.02.06 Motion for Attorney's Fees 566
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.06
Excerpt: ... Pursuant to Motions Heard on February 28, 2019 (the May Ruling). The May Ruling required the District to submit two categories of documents for the Court's in‐camera review: (1) e‐mails between the District's employees, and (2) various miscellaneous items (collectively, the Non‐Produced Documents). Both categories were listed on the District's privilege log, and were not produced to The Tribune. The Court ultimately determined that both ca...
2020.02.06 Motions to Certify Class and Subclasses 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.06
Excerpt: ...tively set for June 22, 2020, prior to the five‐year deadline for bringing an action to trial. (Code Civ. Proc., § 583.310.)2 Cipriano Ponce (“Ponce”) was employed by Agro‐Jal until September 2014. The parties dispute whether he was misclassified as an exempt employee. Carlos Farias (“Farias”) was employed by Paloma from May 2008 to January 2010, and again from April 2010 to April 2012. Ponce was Farias' supervisor during those times...
2020.02.06 Motion to Enforce Settlement 275
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.06
Excerpt: ...11, 2019, and reached a full and complete agreement. The parties signed a Settlement Agreement and Release (Agreement), wherein Defendants agreed to pay Plaintiffs $41,8500. (Belaga Decl., Ex. A, ¶ 2.) The Agreement includes the following paragraph: The parties shall execute a copy of this Agreement, which shall be binding and enforceable according to its terms, subject to approval by the Board of Supervisors of the County of San Luis Obispo (�...
2020.02.06 Motion to Strike 724
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.02.06
Excerpt: ...ctober 30, 2019, added a cause of action for fraud. Prior to that on January 22, 2019, IVDC 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 arises out of three loans funded by S...
2020.02.05 Motion to Compel Responses 242
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.05
Excerpt: ...n (Objector) is a trust beneficiary and filed an objection to the petition. On May 24, 2019, Petitioner served interrogatories (Ex. A), form interrogatories (Ex. B), requests for admission (Ex. C), and requests for production of documents (Ex. D), on Objector. Now before the Court is Petitioner's motion for an order compelling Objector to respond to the interrogatories, form interrogatories, requests for admission (RFAs), and requests for product...
2020.02.05 Motion to Compel Arbitration 395
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.02.05
Excerpt: ...laint [FAC], ¶¶ 5, 7.) Plaintiff's FAC includes causes of action for (1) penalties under the Private Attorneys General Act (PAGA); (2) meal period violations; (3) rest period violations; (4) wage and hour violations; (5) wage statement penalty; (6) waiting time penalty; and (6) unfair competition. On November 30, 2017, Plaintiff signed a Mediation and Arbitration Agreement (the Agreement), wherein she agreed to arbitrate certain disputes arisin...
2020.02.04 Motion to Compel Further Responses 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...endant”). Defendant served responses on September 5, 2019. On October 2, 2019, Plaintiff's counsel sent a meet and confer letter to Defendant's counsel regarding Defendant's responses to the discovery. On October 15, 2019, Defendant served supplemental responses; verifications were received by Plaintiff on October 22, 2019. Plaintiff sent another meet and confer letter on November 13, 2019, regarding the supplemental responses to the Form Inter...
2020.02.04 Motion to Compel Compliance 296
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...nty Act (Civ. Code, § 1790 et seq.; the “Act”). On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019. FCA agreed in the supplemental responses to “comply in full” with Plaintiff's RFP numbers 16 and 22. Plaintiff states that at the tim...
2020.02.04 Demurrers, Motions to Strike 276
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.02.04
Excerpt: ...n the lid on the cup she was given at the drive‐through window was not properly secured. The FAC further alleges that after the initial spill occurred, the “extremely hot coffee caused the Plaintiff to flinch, and then the entire cup of coffee spilled on her.” The FAC identifies St. Jude Enterprises, Inc. as the franchisee who owned and operated the restaurant, and the other two defendants as the parent companies (collectively, the “McDon...
2020.01.30 Demurrer, Motion for Protective Order, to Stay, for Preliminary Injunction 530
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.30
Excerpt: ...iff was sentenced to prison for 26 years‐to‐life after the jury found him guilty of first‐degree murder, first‐degree residential burglary, conspiracy to commit robbery, two counts of first‐degree residential robbery, and found true a firearm enhancement. (Id. at pp. 627, 637.) In 2018, the Legislature passed, and the Governor signed into law, Senate Bill No. 1437 (SB 1437, codified at Penal Code1 section 1170.95) which restricted the c...
2020.01.30 Motions to Compel Further Responses 146
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.30
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 – restit...
2020.01.30 Motion to Set Aside Entry of Default 442
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.30
Excerpt: ...er entered on September 17, 2019, after the filing of an amended proof of service. On September 20, 2019, Plaintiff filed an amendment to the complaint correcting the spelling of Defendant's last name and including her full middle name. The amendment was served by mail, and a second entry of default with Defendant's correct name was entered on October 30, 2019.1 Defendant now seeks to set aside the entry of default pursuant to Code of Civil Proce...
2020.01.29 Writ of Administrative Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only r...
2020.01.29 Motion to Bifurcate 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...2, 2017, and Guzman from 2014 to May 2017. 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 sixth causes of action are derivative and seek penalties related to wage statement and waiting time violation...
2020.01.29 Motion for Preliminary Approval of Class Action Settlement 672
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...e‐based care services to disabled and/or elderly individuals in California. A former non‐exempt employee of Defendants, Plaintiff's complaint alleges claims for (1) failure to provide meal periods and/or pay meal period premiums, (2) failure to provide off‐duty rest periods and/or pay rest break premiums; (3) failure to provide accurate wage statements; (4) waiting time penalties, (5) failure to pay equal wages, (6) violations of the Unfair...
2020.01.29 Demurrer 391
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.29
Excerpt: ...s will to probate. Both requests were granted on February 5, 2018, and Testamentary Letters issued to Ginamarie that same day. On June 18, 2019, Fred and Laurie Siegenthaler (“Petitioners”) filed a petition to determine ownership of estate property under Probate Code section 850 (the “850 Petition”). Laurie is Decedent's cousin once removed (i.e., the daughter of Decedent's cousin). Probate Code section 850(a)(2) permits any interested pe...
2020.01.28 Motion to Strike 230
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...ons Code section 7031, (7) warranty of fitness, and (8) declaratory relief. Plaintiffs' lawsuit concerns a residential and commercial vineyard property in Paso Robles. (FAC, ¶ 18.) Plaintiffs allege they entered into a contract with Woodard wherein Woodard agreed to supply, install, and oversee the installation of ten exterior doors and 25 windows at the property. (FAC, ¶¶ 19, 20.) Plaintiffs allege the doors and windows were negligently and c...
2020.01.28 Motion for Good Faith Settlement 084
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...sulting in entry of her default on July 10, 2019. On October 23, 2019, Plaintiff and BBC reported that they had reached a conditional settlement. Under the settlement, BBC will pay $4,000 to Plaintiff in exchange for a full release and dismissal of all claims. BBC now seeks a court determination that the settlement was reached in good faith. The motion is unopposed. BBC contends that a non‐settling party has twenty‐five days to contest the mo...
2020.01.28 Demurrer, Motion to Strike 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...graph 10 of the complaint alleges (1) general negligence; (2) an intentional tort; (3) violation of licensing laws; and (4) violations of the Public Records Act (Gov. Code, § 6250 et seq.; the “PRA”). It appears that the first three causes of action are alleged against Beraud and the fourth cause of action against Austin. (Cmp., ¶ 2.) The complaint alleges that Beraud, the responsible dietician, met with Plaintiff on October 12, 2018, follo...
2020.01.28 Demurrer 303
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.28
Excerpt: ...nd (4) misappropriation of trade secrets. Plaintiff is a pest control business, and Mr. Hatfield is a former employee of Plaintiff. (FAC, ¶¶ 9, 10.) Plaintiff alleges Mr. Hatfield was terminated from employment on or about September 4, 2019. (FAC, ¶ 11.) Plaintiff alleges all three Defendants then “undertook an aggressive campaign to disrupt and interfere with Plaintiff's contractual relationships with its customers throughout San Luis Obisp...
2020.01.23 Motion to Compel Further Responses 101
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.23
Excerpt: ...served their first set of written and special interrogatories (the “Discovery”) on Plaintiff. Plaintiff served initial responses to the Discovery on May 13, 2019, and amended responses on July 31, 2019. In September, Defendants' counsel sent further meet and confer correspondence regarding the amended responses, and the parties agreed to an extension of Defendants' deadline to file a motion to compel. The parties met and conferred but could n...
2020.01.23 Motion for Leave to File Amended Complaint 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.23
Excerpt: ...DG”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC, with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, a...
2020.01.23 Motion to Compel Responses 724
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.23
Excerpt: ...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 arises out of three loa...
2020.01.23 Motion to Strike 565
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.23
Excerpt: ...d against the State of California (the “State”), amongst other Defendants. The State moves here to strike lines 8‐11 of paragraph 18 of the complaint, and lines 19‐21 of paragraph 19 of the complaint, on the grounds that the factual allegations in those portions of the complaint are not fairly reflected in, or are in variance with, the government claims submitted by Plaintiffs. The Court grants the State's Request for Judicial Notice and ...
2020.01.22 Motion for Preliminary Injunction 720
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.22
Excerpt: ...r competition; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) civil conspiracy; (7) breach of contract (against the Hive, only); and (8) declaratory judgment (against the Hive, only). Plaintiff alleges it is California's single‐largest cannabis cultivator, and is in the business of cultivating, processing, and distributing cannabis extracts. (Compl., ¶¶ 11,...
2020.01.22 Motion for Payment of Costs for Service of Process 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.22
Excerpt: ...obate department and assigned case number PR12‐0218. Plaintiff filed an amended petition in December 2018. In the interim, on April 30, 2018, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (“Davis”), Gail Edwards (“Edwards”), and Martin Harris (“Harris”).1 According to the complaint, Davis and Edwards are the former successor trustees of the Carl H. Goedinghaus Family Trusts A, B, and C; and Harris is ...
2020.01.16 Special Motion to Strike 494
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.16
Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...
2020.01.16 Motion for Summary Judgment 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.16
Excerpt: ...ly, “Plaintiffs”)1 filed this action against Alex Geiger (the dogs' owner, “Geiger”), 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.2 According to Plaintiffs, Geiger was a K‐9 Officer with the City of Exeter and the handler for a K‐9 named “Neo,” the primary aggressor in the attack. Prior to ...
2020.01.16 Demurrer, Motion to Strike 561
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.16
Excerpt: ...efore an opposition to the demurrer was due, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff's FAC alleges one cause of action for declaratory relief. Plaintiff's SAC, filed after Defendants' demurrer was filed, alleges additional causes of action for commercial disparagement and defamation, among other new allegations. On December 20, 2019, Defendants filed a motion to strike the SAC on the grounds that Plaintiff had already am...
2020.01.15 Motion to Compel Depositions of Third Parties 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ...ibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by f...
2020.01.15 Motion to Bifurcate, for Leave to File Amended Complaint 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: .... Sandra1 is John's sister and JoAnn's daughter. She and her daughter, Madelyn 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 fair market value of rent for such use. (Second Amended Complaint [SAC], ¶ ...
2020.01.15 Demurrer, Motion to Strike 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ..., Sales (11th 2018) § 393.) Under Section 122354.5, “a pet store operator1 shall not sell a live dog, cat, or rabbit in a pet store2 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 group3 that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil ...
2020.01.15 Demurrer 168
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.15
Excerpt: ...laintiff to receive wire instructions for an incorrect bank account at BANA. Plaintiffs wired the funds as directed in the fraudulent email, and as a result lost $183,443. BANA is named as a defendant in the first three causes of action for (1) negligence; (2) violation of Civil Code section 1798.81.5; and (3) negligence per se. BANA demurs to all three causes of action, and the entire complaint, for failure to state facts sufficient to constitut...
2020.01.14 Demurrer 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ...replacement at Plaintiff's facility in San Luis Obispo. Plaintiff alleges that C.R. has health insurance provided by Defendant. Plaintiff alleges that prior to the surgery, C.R. executed an Assignment of Benefits (the Assignment) obligating Defendant to pay health insurance benefits for its insured (i.e., C.R.) directly to Plaintiff. (Compl., Ex. A.) Plaintiff alleges that C.R. executed the Assignment prior to receiving any medical services or pr...
2020.01.14 Motion for Leave to File Amended Complaint 150
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ... on December 18, 2015, which sets forth causes of action against Defendants for breach of restrictive covenant and/or equitable servitude and declaratory relief.1 Plaintiffs also seek injunctive relief. The dispute concerns the construction of Defendants' home within the development known as Stoneridge II. Specifically, Plaintiffs allege the height of Defendants' home violates the Design Guidelines adopted for the development. On February 4, 2016...
2020.01.14 Motion for Reconsideration of Demurrer 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ... by a car fire which spread to Plaintiff's property on June 27, 2017. Plaintiff also alleges damages arising from the County's subsequent code enforcement when, after the fire, Plaintiff moved to a lot which he owns in Cambria, California. On November 5, 2019, the Court sustained Cal‐Fire's demurrer without leave to amend on the ground that Plaintiff failed to comply with the Government Claims Act. Cal‐Fire mailed out a Notice of Ruling two d...
2020.01.14 Motion to Set Aside Default 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.14
Excerpt: ...pril 26, 2019, Plaintiff filed proofs of substituted service of the summons and complaint, one for each Defendant, indicating the documents and a Notice of Assignment and Case Management Conference were left at “500 Linn Rd., Paso Robles, CA 93446.” The proofs of service indicate that the documents were also mailed to this address on April 15, 2019. On June 3, 2019, defaults were entered against both Defendants. Mr. Sharp alleges he travels 3...
2020.01.09 Special Motion to Strike 494
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.09
Excerpt: ...August 4, 2014, alleging professional negligence. (See 14CV‐0410, the 2014 Action.) The crux of the 2014 Action was that Mr. Hagan improperly advised the Rikers to waive their homestead exemption in their bankruptcy proceeding. When the Rikers failed to appear at the trial readiness conference in the 2014 Action, the case was dismissed with prejudice, and judgment was entered in Mr. Hagan's favor on July 5, 2016. On May 7, 2017, Mr. Hagan filed...
2020.01.09 Motion for Summary Judgment, Adjudication 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.09
Excerpt: ...; (3) fraudulent inducement – concealment; and (4) fraudulent inducement – intentional misrepresentation. This lawsuit arises out of Plaintiff's purchase of a new 2013 BMW X5 vehicle that was equipped with a faulty Takata airbag. Now before the Court is Defendants' motion for summary judgment or, in the alternative, summary adjudication. Legal Standard. “The purpose of a summary judgment proceeding is to permit a party to show that material...
2020.01.09 Demurrer, Motion to Strike 387
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.01.09
Excerpt: ...ia, under the custody of the California Department of Corrections and Rehabilitation (the “CDCR”). Plaintiff alleges that on January 13, 2016, he was diagnosed with degenerative spondylosis by a Dr. Gallagher. (FAC, First Cause of Action, p. 1, ¶ 1.) A second doctor, Dr. Voegele, allegedly gave Plaintiff a lifting restriction of 19 pounds. (Ibid.) Plaintiff alleges that thereafter prison personnel gave him a job assignment that he was medica...
2020.01.08 Writ of Administrative Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ts First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”). On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. After the dismissal of counts two and seven, the California Coastal Commission (“Respondent” or “CCC”) was the only re...
2020.01.08 Motion to Strike Motion to Enforce No Contest Clause 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ated on Hogan Court in Nipomo (the “Property”). Hoyt had six months following the death of the surviving settlor to exercise that option. Hoyt was also the nominated sole successor trustee. The residue of the Trust was to be divided as follows: 55% outright to Hoyt, 30% in trust to the Settlors' other daughter, Leslie Hoyt, and the remainder split in small percentages to six other individuals. Thelma died in September 2017. Wayne passed away ...
2020.01.08 Motion to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...cKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by...
2020.01.08 Motion to Compel Deposition 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.01.08
Excerpt: ...ants are collectively running an illegal puppy laundering operation in violation of Health and Safety Code section 122354.5. On July 1, 2019, Plaintiffs served a notice of deposition on Iowa Pets. (Sano Decl., Ex. A.) Following discussion between counsel, Plaintiffs served an updated notice indicating the Iowa Pets deposition would occur at its counsel's office in Santa Barbara on August 5, 2019. (Sano Decl., Ex. B.) On July 31, 2019, Iowa Pets s...
2020.01.07 Motion to Compel Production of Records 050
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...Further Responses to Request for Production of Documents, Set One, against Plaintiff, and a Motion to Compel Production of Records from City of Paso Robles pursuant to Evidence Code section 1043, against the City of Paso Robles (the “City”.) The Motion to Compel Further Responses to Request for Production of Documents is no longer at issue. Plaintiff filed a notice of non‐opposition, stating that he has complied with Defendants' request to ...
2020.01.07 Motion to Compel 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ..., and (6) restitution. Now before the Court is Defendant's motion for discovery orders “compelling responses to form interrogatories without objection,” “deeming admitted the facts requested admitted in Defendant's requests for admissions of fact and genuineness of documents,” and “for a terminating sanction and/or financial sanctions against Plaintiff and/or Plaintiff's counsel...in an amount of $4,169.35.” Defendant filed the instan...
2020.01.07 Motion for Preliminary Injunction 318
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...t to enter Heritage Ranch and injunctive relief barring Willis from further trespass. Willis' default was entered on December 3, 2019. Currently on calendar, is Plaintiff's request for a preliminary injunction. There is no proof of service showing the motion was served on Willis. However, as a party in default, he is not entitled to service of notice or other papers, except for amendments to pleadings and amended pleadings. (Code Civ. Proc., § 1...
2020.01.07 Demurrer, Motion to Strike 336
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.01.07
Excerpt: ...roup, Inc. (Paramount); Natural Healing Center, LLC (NHC); DMM Capital Group, LLC (DMM Capital); Prime Capital Venture, LLC (Prime); Action Investment Group, Inc. (Action), David Separzadeh1 , and Coker Ellsworth Development, LLC (Ellsworth), and alleges causes of action for: (1) anticipatory breach of contract; (2) breach of contract (implied covenant of quiet enjoyment); (3) breach of contract (implied covenant of quiet enjoyment); (4) breach o...

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