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1889 Results
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2019.8.21 Motion for Summary Adjudication 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.21
Excerpt: ...causes of action against Winnebago: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; and (4) breach of express warranty, Civil Code sections 1791.2(a) and 1794. Plaintiffs move here for summary adjudication of their first cause of action for failure to repurchase/replace the RV and fourth cause of action f...
2019.8.20 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...ubstituted service on September 11, 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default. According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed into receive...
2019.8.20 Motion for Relief from Provisions of Government Code 945.4 186
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...h the claims statute bars the claim against the public entity. (§ 945.4; see also State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented by the six‐month deadline, the claimant may submit a written application to the public entity seeking leave to present a late claim. (Gov. Code, § 911.4(a).) Any such applications must be made “within a reasonable time not to exceed one year after the accrual of ...
2019.8.20 Demurrer 118
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.8.20
Excerpt: ...46. A first amended complaint (“FAC”) was filed on June 12, 2019, and alleges negligence, dangerous condition of public property, and negligent design of roadway. The first cause of action is asserted solely against the Estate of Catherine Fox. The last two causes of action are asserted against CalTrans and brought pursuant to Government Code section 835.1 CalTrans demurs to the FAC on the ground that Plaintiffs failed to set forth, within th...
2019.8.15 Petition to Compel Arbitration 300
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...d minimum wages; (2) nonpayment for overtime compensation; (3) premium pay for rest period violations; (4) premium pay for meal period violations; (5) itemized wage statement violation; (6) waiting time penalty for nonpayment of wages; (7) failure to pay for expense reimbursement; (8) violation of unfair business practices; and (9) representative action for civil penalties for violation of the Private Attorneys General Act (PAGA). Before the Cour...
2019.8.15 Motion to Dismiss 119
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...unsel declares that Plaintiff's counsel, James McKiernan, Esq. (“McKiernan”) represented that Plaintiff's daughter, Megan Tomassian (“Tomassian”) would be the new plaintiff in the case. (Abboud Decl., ¶ 5.) In an effort to resolve the matter, Defendants agreed to mediate with Tomassian, but shortly before the mediation was scheduled, the parties settled. (Id. at ¶¶ 6‐7.) McKiernan represented that Tomassian approved the settlement, b...
2019.8.15 Motion to Compel Further Supplemental Discovery 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...ff sustained severe injuries to his left leg that eventually caused his left leg to be amputated below the knee. Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental discovery (supplemental interrogatories for its form and special interrogatories, and supplemental requests for production of documents); (2) requesting monetary sanctions against Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesti...
2019.8.15 Motion for Judgment on the Pleadings, to Compel Discovery 028
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...t James McKiernan Lawyers, his second cause of action is pleaded against Geico Insurance Company, and his third cause of action is pleaded against Pasadena Hospital Association, Ltd., sued as Huntington Memorial Hospital. James McKiernan, individually and dba James McKiernan Lawyers (“McKiernan”) demurred to the first cause of action in Plaintiff's complaint, which is the only cause of action pleaded against McKiernan, on the grounds that it ...
2019.8.15 Demurrer, Motion to Strike 270
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.15
Excerpt: ...dwards during a massage at Alchemie's location at 269 Madonna Road in San Luis Obispo. Plaintiff alleges that Mr. Edwards was administering a massage to Plaintiff when he digitally penetrated her genitals, covered her mouth with his hand, orally assaulted her breasts and mouth, and touched himself. Plaintiff seeks punitive damages. Now, before the Court is Alchemie's demurrer to and motion to strike the complaint. Demurrer. A demurrer tests the l...
2019.8.14 Motion for Change of Venue 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ... on November 5, 2014, alleging that Foster had not complied with a provision of the Trust that required the trustee to pay Morris $600 per month in rent to Morris' landlord (the “850 Petition”). Dennis James Balsamo, Esq. (“Balsamo”) represented Foster in connection with the 850 Petition. The parties settled the matter in September 2015, and the action was dismissed. Pursuant to the settlement, Balsamo became successor trustee of the Trus...
2019.8.14 Motion for Summary Judgment 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.8.14
Excerpt: ...um. Plaintiffs' complaint alleges that Defendants were negligent in the examination and treatment of Mr. Rushing. (Compl., ¶ 10.) Plaintiffs contend that Mr. Rushing “has been rendered sick, sore, lame, disabled and disordered, both internally and externally” as a result of Defendants' negligent treatment. (Compl., ¶ 11.) Now before the Court are two motions for summary judgment. The first is brought by Dr. Hansen; the second is brought by ...
2019.8.1 Motion to Strike, to Compel Further Responses 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...G”) (collectively “Defendants”). Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC, with property management by TDG. (Complaint, ¶ 1.) Plaintiff alleges that in 2016, the Apartments were rehabilitated with partial financial help from the California State Treasurer's Office through a program of the California Tax Credit Allowance Committee, an...
2019.8.1 Motion to Set Aside Default, Judgment 186
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...
2019.8.1 Motion to Consolidate 260
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ...ants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to the...
2019.8.1 Demurrer 198
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.8.1
Excerpt: ... balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment. Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller's opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract...
2019.7.31 Motion for Summary Judgment, Adjudication 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...een Plaintiff, as the lessor, and the Limited Partnership, as the landlord, at property located at 4251 S. Higuera Street, Suite 101, in San Luis Obispo (the Subject Property). Plaintiff's fourth amended complaint (FAC) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) frau...
2019.7.31 Motion for Judgment on the Pleadings, for Physical Solution 041
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.31
Excerpt: ...roperty”) against Defendant Lorraine Janet Andrews (“Defendant”). The Property was ordered to be sold by the Court; during the overbid process at the hearing, Defendant was the successful bidder and purchased Plaintiffs' interest in the Property. Prior to the hearing, Plaintiffs argued that if the property was sold to Defendant or any third party, they needed an easement for maintenance and repair of a water pipe that ran across the Propert...
2019.7.30 Motion for New Trial 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ...f action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her hospitalization at Twin Cities in October 2016. 1 Dr. Saul filed a motion for summary judgment which was heard on April 23, 2019. This Court took the matter under submission, and on May 3, 2019, issued its ruling granting Dr. Saul's motion. Judgment was entered in Dr. Saul'...
2019.7.30 Motion to Set Aside Default, Judgment 301
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.30
Excerpt: ..., 2017. Service was complete on September 21, 2017. (Code Civ. Proc., § 415.20 [10th day after mailing].) ACC's default was entered on October 24, 2017.1 ACC now seeks to set aside that default under Code of Civil Procedure section 473(b). According to ACC, upon being served, it forwarded the complaint to its insurance broker for purposes of submitting a claim under its liability policy. The broker informed ACC that its insurer had been placed i...
2019.7.25 Motion to Strike or Tax Costs, for Attorneys' Fees 383
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Excerpt: ...mmission (LAFCO) and the Special District Risk Management Authority (SDRMA2 ), and the City of Pismo Beach (the City) and Central Coast Development Company (CCDC). LAFCO contends the Indemnity Agreements required the City and CCDC to reimburse LAFCO for certain attorneys' fees it incurred. As has been extensively outlined in prior rulings, the underlying dispute involves efforts to annex certain real property into the City of Pismo Beach. CCDC, d...
2019.7.25 Motion for Terminating Sanctions 499
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.25
Excerpt: ...orm Interrogatories, Special Interrogatories (set one), and Requests for Production of Documents (set one), on Plaintiff. Defendant granted Plaintiff three extensions to submit responses with the latest deadline falling on December 10, 2018, but no responses were served. On November 27, 2018, Plaintiff brought a Motion for Protective Order, seeking to protect him from having to respond to the discovery. The motion was heard and denied by the Cour...
2019.7.24 Motion for Leave to Amend 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...s the lessor, and the LP as the landlord. Plaintiff's third amended complaint (“TAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. The Court previously sustained a demurrer to the fourth cause of actio...
2019.7.24 Motion to Vacate and Set Aside Entry of Default, Judgment 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.24
Excerpt: ...rds, accounting, and dissolution and winding up of limited partnership. On October 12, 2018, Defendants filed a stipulation between the parties to stay the action pending a written agreement to arbitrate the matter, and to continue the case management conference. The order was entered the same day. On December 19, 2018, Defendants' counsel filed motions to be relieved as counsel. The motions were heard and granted on January 16, 2019. At that hea...
2019.7.23 Motion for Summary Judgment 029
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ..., John Llerenas, attended an event at the Vineyard called the Midsummer Night's Dinner. (UMF No. 10.) At the event, guests were invited to participate in the stomping of the grapes. (Hooks Depo., 127:5‐7.) Participation in the grape‐stomping activity was entirely voluntary. (UMF No. 6.) Plaintiff wanted to participate in the grape‐stomping activity for the experience, because she was curious and thought it would be fun. (UMF No. 13.) Hooks ...
2019.7.23 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.23
Excerpt: ...lation of the Song‐Beverly Act section 1793.2; and (4) fraudulent inducement – concealment. Plaintiff's lawsuit concerns FCA's disclosure and warranty obligations for a vehicle (the Subject Vehicle) Plaintiff purchased from Mullahey in December 2017. The complaint alleges that FCA concealed a known defect; specifically, the vehicle's “electrical architecture and/or its central gateway module, known as the [Body Control Module],” and the �...
2019.7.18 Motion to Consolidate 260
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...endants). On January 17, 2018, Plaintiffs filed a first amended complaint (FAC) alleging causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to equitable easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has been their sole access to ...
2019.7.18 Motion to Quash 123
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...f counsel's long‐time law partner, and declaring that counsel would see to it that the summons and complaint are served on all Defendants. At the August 24, 2018 hearing, the Court vacated the OSC. On December 11, 2018, Plaintiff again failed to appear at a Case Management Conference and the matter was again set for an OSC re: Dismissal. Plaintiff's counsel filed another declaration that stated that the complaint was out with Federal Express fo...
2019.7.18 Application for Writ of Possession 267
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ... to Code of Civil Procedure section 512.010. Kaney filed an opposition on Sunday, July 14, 2019, directing the Court to her verified answer. (Code Civ. Proc., § 512.050 [court shall make its determination upon the basis of the pleadings and other papers in the record].) Service: Under Code of Civil Procedure section 512.030, if a defendant has not yet appeared in the action, then the application for a writ of possession must be served in the sam...
2019.7.18 Demurrer 653
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...tus assumpsit; (3) account stated; (4) quantum meruit; (5) foreclosure of mechanic's lien; (6) unjust enrichment; and (7) fraud and deceit—intentional misrepresentation of fact. Defendants demur here to Plaintiff's seventh cause of action for fraud1 pursuant to Code of Civil Procedure section 430.10(e), on the grounds that Plaintiff does not allege the requisite elements of fraud with sufficient particularity, and fails to state facts sufficien...
2019.7.18 Motion to Compel Further Responses 013
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ... action for (1) violation of the Fair Employment and Housing Act; (2) discrimination, retaliation, and harassment on the basis of anticipatory California Family Rights Act leave; (3) breach of express oral contract not to terminate employment without good cause; (4) breach of implied‐in‐fact contract not to terminate employment without good cause; (5) negligent hiring, supervision, and retention; (6) wrongful termination in violation of publi...
2019.7.18 Petition for Coordination and Motion for Stay 306
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...ial Council Coordination Proceeding No. JCCP5036 Hearing: Petition for Coordination and Motion for Stay Date: July 18, 2019 ____________ On May 21, 2018, Arturo Arguello (“Arguello”) filed a class action suit against Community Health Centers of the Central Coast, Inc. (“CHC”), alleging various Labor Code violations. The action was filed with the San Luis Obispo County Superior Court. A second amended complaint was filed in April 2019. Thi...
2019.7.18 Motion to Quash Service of Summons 735
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.18
Excerpt: ...as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019. The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in Califo...
2019.7.16 Motion for Leave to File Amended Complaint, to Continue Trial 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...(Letters) (collectively Plaintiffs) are separate independent retail service stations, joined in this action to allege that each of them entered into their respective contracts1 with Defendants Eagle Energy, Inc. (Eagle), a fuel distributor, and Linda Schultze2 (Ms. Schultze) for the exclusive supply of gasoline products for a ten‐year term. According to the third amended complaint (TAC), the parties agreed that pricing would be accomplished acc...
2019.7.16 Motion for Terminating Sanctions 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...int, Plaintiff filed a first amended complaint alleging causes of action for (1) motor vehicle and (2) general negligence. Plaintiff alleges that, on the date of the accident, Mr. Shields was in the performance of his duties as an employee of Michelin, and was operating a motorcycle in an extremely unsafe manner when he struck Plaintiff at a high rate of speed, causing severe injuries to Plaintiff and severe damages to Plaintiff's personal proper...
2019.7.16 Motion for Leave to File Amended Complaint 337
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ... leave to file a First Amended Complaint. Plaintiff seeks to add two causes of action to her complaint: 1) Retaliation in Violation of Labor Code section 1102.5 et seq., and 2) Wrongful Termination in Violation of Public Policy (Government Code section 12940 et seq.). Defendant filed a late opposition to the motion. The Court, in its discretion, will consider the opposition. Plaintiff asserts that during the course of discovery in this matter, sh...
2019.7.16 Motion for Arbitration Hearing Date 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.16
Excerpt: ...ims that he is experiencing complications, including double vision. At the time of the surgery, Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State Prison, Corcoran. Plaintiff moves here for the Court to appoint a neutral arbitrator to conduct a binding or non‐binding arbitration. Plaintiff argues that the parties already mediated in front of a neutral mediator appointed by the Court, but did not resolve th...
2019.7.11 Motion to Quash 283
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...can be released and to whom.” (Order, 10/09/18; Evid. Code, § 452(d).)2 There are two pending petitions for appointment of a general conservator. The first filed on August 30, 2018, by Deborah and Geoffrey Findley, Andrew's parents (collectively, the “Findleys”); and the second filed on October 19, 2018, by the Director of the California Department of Developmental Services (the “Department”), pursuant to Health and Safety Code section...
2019.7.11 Motion for Summary Adjudication 238
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...ility discrimination, (7) failure to engage the interactive process, (8) failure to provide reasonable accommodation, (9) intentional infliction of emotional distress (IIED), (10) negligent infliction of emotional distress (NIED), and (11) invasion of privacy. Plaintiff became employed with Compass Health, Inc. in 2005. (Undisputed Material Fact [UMF] 22.) Plaintiff alleges that she was sexually assaulted by her colleague, Mr. Smith1 , on or abou...
2019.7.11 Motion to Compel Further Responses 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2019.7.11
Excerpt: ...a faulty Takata airbag. On December 12, 2018, Plaintiff propounded his first set of Requests for Production of Documents (“RFPs”) on BMW. BMW responded on February 7, 2019. On February 21, 2019, Plaintiff's counsel sent a meet and confer letter setting forth their issues with BMW's responses. (Morse Decl., Exh. C.) On March 5, 2019, BMW responded to Plaintiff's letter, stating that it would not be amending its responses and providing support ...
2019.7.10 Motion for Terminating Sanctions 339
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ion with El Campo Road, in an unincorporated area of San Luis Obispo County. On June 7, 2018, Mary Walsh Beeson filed a separate lawsuit against Defendants concerning the same accident. On April 17, 2019, the Court ordered the two lawsuits consolidated. On January 31, 2019, Defendants served form interrogatories (set one), special interrogatories (set one), and a request for production (set one) on Ms. Haggarty via U.S. Mail. (Ex. 1.) When Ms. Ha...
2019.7.10 Motion for Summary Judgment 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...f Civil Procedure section 437c for summary judgment or in the alternative, summary adjudication, as to McGinty. Coasthills served the motion and supporting documents on McGinty, but McGinty has not responded or filed an opposition to the motion. As the moving party, Coasthills has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. Pr...
2019.7.10 Motion for Attorneys' Fees, for Final Approval of Settlement 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...all class as “all royalty owners who have earned royalties at any time on or after March 22, 2009, under royalty interest agreements for oil wells in the unitized San Ardo Field ...” (the “Class”).1 In addition, the Court certified two subclasses: (a) royalty owners who share the cost of purchased gas by deductions to their royalties (the “Steam Generation Subclass”); and (b) royalty owners whose leases are potentially affected by a c...
2019.7.10 Demurrer 200
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.10
Excerpt: ...ses of action against Defendant. Defendant's counsel declares that she met and conferred with Plaintiff by telephone prior to filing the demurrer. (Declaration of Rachel M. Sanders.) Defendant submits a Request for Judicial Notice with 25 exhibits in support of its demurrer and its argument that this action is barred by res judicata. A demurrer can be used to challenge defects that appear on the face of the pleading under attack or from matters o...
2019.7.9 Motion to Strike Answer and Complaint 400
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...On that same day, Champions filed a cross‐complaint against Plaintiffs. On April 12, 2019, Minardo filed a substitution of attorney by which he became self‐ represented. On April 22, 2019, Champions filed a substitution of attorney, and was no longer represented by counsel. Minardo signed both substitutions. Plaintiffs move here pursuant to Code of Civil Procedure section 436 to strike Champions' answer and cross‐complaint, on the grounds t...
2019.7.9 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.9
Excerpt: ...lectively “Defendants”). Plaintiffs' complaint alleges one cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”), based upon the defendants' medical care and treatment provided to Landin during her delivery of a premature and non‐viable fetus and hospitalization at Twin Cities in October 2016, which treatment and care Plaintiffs claim caused Landin's death.1 Drs. Wiese and Mulder brought a motion ...
2019.7.3 Motion to Strike 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...or traffic, pleading a single cause of action for motor vehicle negligence. Plaintiff alleges that Costa was guilty of malice and oppression as defined in Civil Code section 3294, because Costa consumed an unknown amount of CNS depressants and cannabis to the point of intoxication, then willfully and with malice drove her car and collided with Plaintiff's vehicle. Plaintiff alleges that Costa consumed those substances knowing that she would opera...
2019.7.3 Motion for Leave to File Complaint, to Consolidate 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...ief. Plaintiff's allegations stem from Defendant's demands that Plaintiff vacate certain residential property located at 1520 Hogan Court, Nipomo, California (the Property). The Property was owned by Defendant's late father, Wayne E. Hoyt (Decedent). In her complaint, Plaintiff alleges that she was Decedent's fiancée and resided with him at the Property since February 2018. (Compl., ¶¶ 6, 8.) Plaintiff alleges that before moving in with Decede...
2019.7.3 Motion to Strike and Demurrer 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2019.7.3
Excerpt: ...sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the settlors' children, Marianne and Gail, became the successor trustees of all three subtrusts and Peter served as a third trustee for Trusts B and C.1 Disagreements between the siblings resulted in this trust proceeding2 and the appointment of Diane Davies (“Davies”) as the court‐appointed successor trustee for Trust A, and Jed Haze...
2019.7.2 Motion for Summary Judgment 210
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ... cause of action for medical malpractice and the wrongful death of Ezmeralda Landin (“Landin”).1 The action arises from Landin's two admissions to Twin Cities, from October 1st to 7th, 2016, and October 20th to 21st, 2016. Dr. Blaney brings a motion for summary judgment pursuant to Code of Civil Procedure section 437c, on the grounds that no triable issue of material fact exists and the undisputed facts entitle Dr. Blaney to summary judgment ...
2019.7.2 Motion to Compel Release of Files 173
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2019.7.2
Excerpt: ...ibald's vehicle collided with her bicycle, causing her injuries. Defendants demurred to the FAC on the grounds that Plaintiff has not and cannot allege that she fulfilled the mandatory filing requirements of the Government Claims Act (Gov. Code, § 900 et seq.) The Court sustained the demurrer without leave to amend. Plaintiff now moves to compel her former counsel, the Law Offices of Jonathan Kashani (“Kashani”), to turn over her entire orig...