Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1889 Results

Location: San Luis Obispo x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 241))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 300,100
Array
(
)
2023.10.10 Motion for Final Approval of Class Action Settlement 080
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...
2023.10.05 Special Motion to Strike 162
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...
2023.10.05 Motion to Deposit Surplus Funds 430
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...er Beach, CA (“the Property”). If there is a surplus aLer payment of the secured obligaŸon, a trustee who does not Þle an interpleader must serve by mail a prescribed noŸce of such surplus on all persons enŸtled to noŸces of default under Civ. Code, § 2924b, subd. (b) and (c). (Civ. Code, § 2924j, subd. (a).) If a conßict between potenŸal claimants exists that the trustee cannot resolve through due diligence, the trustee may, o...
2023.10.05 Motion to Compel Arbitration 119
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...claiming he never agreed to sign an arbitration agreement electronically and did not do 1. Legal Standard The standard for determining a motion to compel arbitration is as follows: On a petition to compel arbitration, the trial court must first determine whether an "agreement to arbitrate the controversy exists." (Code Civ. Proc., S 1281.2.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the petition...
2023.10.05 Demurrer to FAC 856
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ...ttorney Haskell (res judicata) and Judge Foley (immunity) without leave to amend and sustained demurrers as to all other defendants with leave to amend. On July 27, 2023, Plaintiff filed a First Amended Fraud Complaint ("FAC"). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. The 44- page FAC alleges a myriad of facts, statements and thoughts with the word "fraud" interposed throughout and cit...
2023.10.03 Motion to Compel Responses 318
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.03
Excerpt: ...s, set two; (2) special interrogatories, set two; (3) requests for production, set two (RFPs); and (4) requests for admission, set one (RFAs). Responses to the discovery were due on February 27, 2023. (Code Civ. Proc., SS 2016.050, 2030.250, 2031.260, 2033.250, 1013 [deadline extended 5 calendar days when served by maill.) At the time of filing these discovery motions (April 3, 2023), Plaintiff had not yet served responses. On September 20, 2023,...
2023.10.03 Motion for Summary Judgment 093
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.03
Excerpt: ..."Campbell-Taylor") and Defendant and Cross-Defendant Jesus Morales ("Morales") for general negligence and premises liability. Campbell Taylor and his wife, Paula Campbell-Taylor own the real property where the accident happened and do business as Graveyard Vineyards. ((Morales's Separate Statement of Undisputed Material Facts ("SSUMF"), Fact Nos. 2, 15.) Morales is a tree trimmer and does business as Golden State Tree Service. In July 2016, Campb...
2023.09.28 Motion to Expunge Lis Pendens 379
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...ound a home they intended to buy, and decided to obtain the loan in Defendant's name only as her credit was better than Plaintiff's credit. Plaintiff alleges he gave Defendant $17,000 in order to obtain the loan. Plaintiff also alleges he performed renovations on the Property. Plaintiff alleges that Defendant is now the sole owner of property identified as 938 Pecho Street, Morro Bay, CA 93442 with Assessor's Parcel Number: 066-201-037 ("Property...
2023.09.28 Motion to Augment Record, Petition for Writ of Mandate 077
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...y the Commission. (Administrative Record [AR], 149, '1 2.) On October 29, 2020, Sandy, in her official capacity as Executive Director of the Commission, filed an Accusaton against Petitioner, requesting a hearing on the matters alleged and that the Commission issue a decision revoking Petitioner's teaching credential. (AR 149-156.) An administrative hearing was held October 4-8, 2021, before Administrative Law Judge (ALJ) Chantal M. Sampogna. (AR...
2023.09.28 Motion for Final Approval of Settlement 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ....). On April 27, 2023, this Court granted preliminary approval of the settlement. Plaintiff has now filed a Motion for Final Approval of Class Acton Settlement. The motion is unopposed. The settlement class consists of "all current and former non-exempt employees who worked for Defendant Holand America Flowers, LLC in California from May 11, 2017 through April 27, 2023 (the "Class Period.")" (Settlement Agreementl 1.) There are 803 Settlement Cla...
2023.09.28 Demurrer, Motion to Strike SAC 091
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ... in the ATV that render it unusable and were not fixed. Before the Court is Custom's demurrer to the Fourth, Fifth, and Sixth Causes of Acton in the SAC and Motion to Strike Paragraph 51, page 12, lines 16-23 and Prayer for Relief (c), page 15, lines 3-4 of the SAC. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. ...
2023.09.28 Demurrer 246 (2)
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.28
Excerpt: ...On July 21, 2023, Elyon filed a cross-complaint for: 1) foreclosure of mechanic's lien; 2) breach of written contract; and 3) quantum meruit. Elyon alleges that on October 11, 2022, it entered into a Professional Services Agreement under its dba, Schaefer Custom Homes (the Agreement), wherein it agreed to provide Mathias pre- construction services for a luxury custom home to be built on the Property. (X-Compl., '1 4.) Elyon provided pre-construct...
2023.09.26 Demurrer 237
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.26
Excerpt: ... the Trust. (Petn., 5.) On November 13, 2018, Petitioner, who is Respondent's sister, filed an action in this Court, case no. 18PR-0258 (the Prior Trust Action) seeking, among other things, to invalidate the seventh amendment to the Trust on the grounds of undue influence. (Petn. 8.) On December 11, 2018, Respondent filed a counter petition to determine validity of trust documents under Probate Code section 17200, subd. (b)(3).) (Petn., '19.) The...
2023.09.21 Motion to Compel Further Responses 032
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...leging various wage and hour violations, violations of Business and Professions Code secton 17200, and a PAGA claim. On March 24, 2022, Plaintiff served his first set of special interrogatories (Interrogatories) and first set of requests for production of documents (RPD) on Defendant. As to the Interrogatories, Defendant made several objections but prov-ded no substantive responses. As to the RPDs, Defendant made several objections but prov-ded s...
2023.09.21 Motion Re Application of Delayed Discovery Rule 127
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...tion for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." Section 338, subdivision (d) is not authority for filing a motion determining whether the delayed discovery rule applies in a case. "In order to rely on the discovery rule for delayed accrual of a cause of action, '[al plaintiff whose complai...
2023.09.21 Demurrer to Petition for Writ of Mandate 114
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.21
Excerpt: ...is Obispo, and the Planning Commission of the County of San Luis Obispo (the Planning Commission) (collectively Respondents or the County). The Petition alleges seven causes of action: 1) Writ of Mandate for Abuse of Discretion, CCP S 1085 or CCP S 1094.5; 2) Writ of Mandate for Arbitrary and Capric:ious Conduct; 3) Writ of Mandate as Respondents Had No Authority to Deny", 4) Writ of Mandate (CCP S 1094.5) as Respondents' Decision is Not Supporte...
2023.09.19 Motion to Strike SAC 205
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ...ber 13, 2020. Plaintiffs alleges that DSI employees failed to cap the gas line when it removed Plaintiffs' old gas dryer, and on July 8, 2021, Plaintiffs' home was substantially destroyed in an explosion and fire. On February 7, 2023, the Court granted Defendants' motion to strike the FAC, in part, on the grounds that Plaintiffs had not alleged any actions that could constitute a "conscious disregard for the safety of others." (ld. at p. 2.) Plai...
2023.09.19 Motion to Continue Trial 325
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ... of action aga-nst the various Defendants. Plaintiffs' lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiffs allege they invested millions of dollars with Belsher and Wright, which investments have been lost. A court trial is set to begin on October 17, 2023. Now before the Court is Defendants' motion to continue the trial. The motion's focus is Wright's lack of attorney ...
2023.09.19 Demurrer, Motion to Strike 218
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.19
Excerpt: ...fs further allege that Defendant concealed that the transmission had major defects ("Defect"), that Plaintiffs began experiencing problems with the Subject Vehicle and repeatedly took it to be repaired, but the problems were not fixed. 9, 10, 11, 13, 14.) Defendant demurs to the Fourth Cause of Action on the grounds that it is barred by the statute of limitations and fails to allege sufficient facts to state a fraud cause of action. Defendant mov...
2023.09.14 Motions for Protective Order 262
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.14
Excerpt: ...s perc:ipient witnesses. After the depositions on June 1, 2023, Plaintiff designated 188 non-reta-ned expert witnesses, including the five police department witnesses. (Declaration of John A. Demarest, 3.) Defendant Kayla Myers ("Defendant") noticed their depositions as non-retained experts. Plaintiff filed the subject motions for protective order to bar Defendant from deposing the five witnesses for a second time. Defendant opposes the motions a...
2023.09.14 Motion to Amend Complaint 158
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.14
Excerpt: ...arties presented legal theories they previously had not advanced. The Court therefore authorized each party to file a response to the Statement of Decision filed by the other party. The Court issued its proposed Statement of Decision on May 22, 2023, addressing the issues raised in the parties' prodigious filings, including the arguments raised: (1) in the trial briefs; (2) during closing argument; (3) in the pocket briefs addressing the decision...
2023.09.13 Motion to Quash Deposition, Stay Deposition, Issue Protective Order 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...mer employer, the California Miliary Department (CMD); her former supervisor and alleged sexual harasser, Francisco Flores; and other Defendants who have since been dismissed. Plaintiff has three remaining causes of action at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flor...
2023.09.13 Motion to Expunge Lis Pendens, for Attorney Fees, Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...See also Local Rules 5.00, 9.03 [sanctions for failure to comply].) Background. On January 7, 2022, James W. Hamilton, CPA, San Luis Obispo County Public Administrator (the Public Administrator) filed a petition for probate initiating this action and seeking appointment as administrator of the estate of Gary Alan Thatcher (Decedent). The Court granted the petition on March 15, 2022, and letters of administration were issued the following day. On ...
2023.09.13 Motion for Summary Adjudication 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...e general contractor forthe Project. On March 13, 2020, Specialty filed an achon against Garden Street for: 1) Breach of Written Contract; 2) Breach of Covenant of Good Faith and Fair Dealing; and 3) Quantum Meruit. The Specialty action, 20CV-0167, is now consolidated with lead action Sahara Construction Co., Inc. v. Specialty Construction, lnc„ 19CV-0589, as well as multiple other actions. On June 10, 2020, Garden Street filed a cross-complain...
2023.09.13 Motion for Correction and Amendment of Order 179
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.13
Excerpt: ...held a 50% ownership in the Property. The same percentage of ownership was reported on Schedules A, L, and N of Bozner's First and Final Account. The Court approved Bozner's First and Final Account in March 2018, and provided for distribution of that 50% interest in the Property to her. The Court's order further provided that any of Decedent's separate property would be divided 50% to Bozner, and 25% to each of the decedent's sisters.l Neither re...
2023.09.12 Motion to Set Aside Dismissal and Enter Judgment 184
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.09.12
Excerpt: ...settlement (Filed Stipulation). The Filed Stipulation reported that the parties had entered into a separate stipulation regarding entry of judgment, which set forth the terms of their settlement (Settlement Stipulation). The Court granted the request to retain jurisdiction, and dismissed the action on October 7, 2022. Plaintiff now seeks to set aside the dismissal and have the Court enter judgment pursuant to the Settlement Stipulation. No opposi...
2023.09.07 Motion to Set Aside Default 279
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...his action against Defendants for allegedly breaching the Contract and failing to pay for Plaintiff's services. The Contract includes a mandatory arbitration clause, and Plaintiff's counsel acknowledged that the dispute would have to be arbitrated ifthe parties could not reach a settlement. (Complaint, Ex. 1 S 6.2; Amended Declaration of Wesley Bonnheim ("Bonnheim Dec.") '1 7, Ex. 2.)1 On or about February 16, 2023, Plaintiff advised Defendants t...
2023.09.07 Motion to Quash Service of Summons 162
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...fore the Court is Cotton's motion to quash service of summons. Code of Civil Prmædure section 418.10, subdivision (a)(l) entitles a defendant to file a motion to quash service on the ground of lack of jurisdiction. In response to a motion to quash, the plaintiff has the burden of establishing the facts that demonstrate the court's acquisition of personal jurisdiction over the defendant, including the facts showing effective service of process. (...
2023.09.07 Demurrer to SAC 193
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.09.07
Excerpt: ...y"). In August 2012, Krista Koening ("Koening") and David Kneller leased a portion of the Huasna Property for use as a horse training facility. (Second Amended Complaint "SAC" '17.) In 2016, Koening registered to grow cannabis on the Huasna Property allegedly with the Smiths' knowledge and approval. (SAC 10.) In 2017, Koening and others formed SLOS for the purpose of applying for a cannabis permit to grow cannabis on the Huasna Property. (SAC '11...
2023.09.06 Motion for Approval of PAGA Settlement 663
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.09.06
Excerpt: ...f Labor Code section 2699(c). Now before the Court is Plaintiff's unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order approving the $600,000 settlement between Plaintiff and Defendant; appointing CPT Group, Inc. as the settlement administrator; granting Plaintiff's attorneys' fees request for $200,000; and providing Plaintiffs counsel reimbursement of $10,490.15 in litigation costs. The PAGA statute provi...
2023.08.31 Motion to Declare Vexatious Litigant 053
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...ly filed (and then dismissed) complaint did not qualify as "litigation" for purposes of vexatious litigant law. Subsequently, on July 13, 2023, the Court ordered Plaintiff to posta $15,000 bond pursuant to Code of Civil Procedure section 1030. Currently on calendar is Defendant's renewed Mohon to Deem Plaintiff a Vexatious Litigant. (Code Civ. Proc., S 391.1.)1 Plaintiff opposes the motion. The Court grants Defendant's Request for Judicial Notce....
2023.08.31 Motion for Summary Adjudication, Demurrer, Motion to Strike 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...inst multiple defendants including Alfred Nevis (Nevis), Makat Investments LLC (Makat) and Corbett AG, LLC (Corbett) (collectively the Nevis Defendants). The Live Oak Action alleges five causes of action for: 1) cancellation of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; and 5) declaratory judgment. On that same date, Manji 2514 W, LLC (Manji) filed an action (22CV-0430, the Manji Acton) against multiple def...
2023.08.31 Demurrer, Motion to Strike FAC 577
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...ts misclassified him as an exempt employee and did not pay him in compliance with the Labor Code. LeMoine alleges that he was terminated in retaliation for raising the issue of unpaid wages and objecting to a deduction in wages for a business loss. Before the Court is Defendants' demurrer to the Sixth, Seventh and Ninth Causes of Action in the FAC and Devries' Motion to Strike paragraph 62 of the FAC. Defendants contend that the Sixth Cause of Ac...
2023.08.31 Demurrer 053
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.31
Excerpt: ...with the City of Pismo Beach Police Department ("CPMPD"). (Complaint, p. 2, II. 16-18.) Plaintiff alleges that Defendant failed to timely respond to that request. (Cal. Gov't Code S 6253, subd. (c).) Approximately one week after the deadline to respond had passed, Plaintiff followed up with CPMPD, but the dispatcher could not assist him. (Complaint, pp. 2-3, II. 26-2.) Plaintiff left a message with the Chief's secretary but received no return cal...
2023.08.30 Motion to Vacate Default Judgment 347
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.30
Excerpt: ...ection (b) of section 473, the court may relieve a party from a default based on "mistake, inadvertence, surprise, or excusable neglect." Defendant submits a proposed demurrer, motion to strike and answer along with his moton. Plaintiff opposes the motion. Defendant's moton is timely, as it was filed within six months of September 20, 2022, the date the clerk entered default. (Kramerv. Traditional Escrow, Inc. (2020) 55 Cal.App.5th 13, 39 [six- m...
2023.08.30 Motion to Compel Discovery Responses 112
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.30
Excerpt: ...ral individuals, including Respondent and moving party Phillip Ralls ("Moving Party"). Settlor died on September 13, 2021. On February 4, 2022, Reina and Marna filed a petition against Moving Party and several other recipients of gifts from Settlor seeking to set aside the gifts and for damages. On September 13, 2022, Moving Party propounded Form Interrogatories, Special Interrogatories and Requests for Production of Documents on Responding Party...
2023.08.30 Demurrers, Motion to Strike 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.30
Excerpt: ...ant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq., and under California common law ("Com...
2023.08.30 Demurrer to SAC 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.30
Excerpt: ...-Terrain Vehicles (ATVs) (SAC, 3.) All of the vehicles were owned by Defendants Orchard City RV, LLC (Orchard) and Matthew Gordon (Gordon) (collectively Defendants). (ld., 3.) Orchard is owned and operated by Gordon. (ld., '1 8.) At the time of the incident, Jutla was acting as an agent for Defendants Orchard and Gordon. (ld., 6.) Jut-ila was driving to deliverthe equipment to the California Department of Forestry and Fire Protection (Cal Fire) p...
2023.08.29 Motion for Sanctions 391
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.29
Excerpt: ...er) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition).l on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs pl...
2023.08.29 Demurrer 212
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.29
Excerpt: ...eges that, on May 26, 2015, the parties entered into a one-page agreement captioned "Nunno Wine Storage & Service Agreement" (the Agreement), whereby Plaintiff would store its wine at Defendant's facility on Dry Creek Road. (Compl., 8.) Plaintiff alleges that it began storing its wine on May 27, 2015, and that under the Agreement's terms, Plaintiff was charged monthly storage fees based on the wine inventory on hand at the facility at the end of ...
2023.08.23 Motion for Summary Judgment 306
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.23
Excerpt: ...17, 2021, Bright filed a cross-complaint against Batie alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) open book account; (4) account stated; (5) fraud; (6) unjust enrichment; and (7) quantum meruit. The parties' dispute centers around their agreement that Bright would repair, restore, and/or customize Batie's 1963 Chevrolet Bel Air vehicle (the Vehicle). The parties' ag...
2023.08.22 Motion to Compel Further Responses 003
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.22
Excerpt: ...de section 172W. Plaintiff alleges he owns the residence located at 1315 Stoney Creek, Paso Robles, 93446 (the Property). Plaintiff alleges Defendant has a deed of trust on the Property. Plaintiff alleges he has attempted to work with Defendant on his mortgage payments, but that Defendants have not provided him with a loan mtxlification agreement. Plaintiff initiated this lawsuit to halt foreclosure proceedings on the Property. Now before the Cou...
2023.08.22 Motion to Compel Deposition 401
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.22
Excerpt: ...a subsequent deposition 'for cause shown' pursuantto C.C.P section 2025.610." Exh. A, "l 4, 5.) Defendant seeks an order compelling the deposition of Plaintiff pursuant to Code of Civil Procedure section 2025.610. Code of Civil Procedure section 2025.610 precludes the subsequent of a person unless the court orders it based on good cause. Defendant argues that there is good cause for allowing a second deposition of Plaintiff because it has been mo...
2023.08.22 Motion for New Trial, for Modified Judgment, to Vacate 282
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.22
Excerpt: ...100 acres of land located at 6955 Estrella Road in San Luis Obispo County ("Property") from Jeannot Nahmias ("Nahmias") who had previously used the land forfarming grapes. (Pet. , 1, 19, 28-29.)1 Petitioner leased the land for the purpose of growing hemp for research purposes. The Property is located in the agriculture land use category. (AR 019.) On June 18, 2019, the County adopted an interim zoning/urgency ordinance, Ordinance No. 3393") pursu...
2023.08.22 Discovery Motions 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.08.22
Excerpt: ...ee of Defendants' employees. In the notices of the three depositions, Plaintiff made document requests. No documents were produced at the first of the three depositions, and Plaintiff's counsel suspended the deposition after one-half hour and refused to go forward with the other two depositions. Before the court is Plaintiff's motion to compel the three depositions and the production of documents. Also before the court is Defendants' motion to st...
2023.08.16 Motion to Strike 250
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.16
Excerpt: ...ions seeking punitive damages. That moton to strike was granted in part, with leave to amend. Plaintiffs filed a first amended complaint (FAC) on April 13, 2023. According to the FAC, on September 1, 2021, Edmunson was driving a truck tractor towing a trailer loaded with an excavator on Highway 101, when a tire blew out. As a result, Edmunson lost control of the truck tractor, veering off the paved highway and striking a guardrail on an overpass....
2023.08.16 Motion to Dismiss 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.16
Excerpt: ...est for appointment of a receiver in the sixth cause of action. Provisional remedies, such as a request for appointment of a receiver or injunctive relief, were excluded from the parties' arbitration agreement. The litigation was otherwise stayed in this Court. The Court later denied Plaintiff's request for appointment of a receiver. (Ruling, 03/30/22.) Currently before the Court is Judkins' motion to dismiss for delay of prosecution under Code o...
2023.08.16 Motion to Consolidate for Trial Only 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.16
Excerpt: ...3 Higuera Street (the Property). (Comp. , "1 3, 4.) The John Action alleges causes of action for breach of contract, negligence, intentional misrepresentation, concealment, fraud, duress and deceit, negligent misrepresentation, rescission, restitution, and money had and received arising out of the remodel. Plaintiff now moves to consolidate for purposes of trial only the John Acton with Douglas Littlejohn v. City of San Luis Obispo, et. al., 22CV...
2023.08.16 Motion for Summary Judgment 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.16
Excerpt: ...ter demurrers, there are three causes of achon at issue in Plaintiff's Third Amended Complaint (TAC): Negligent Misrepresentation; Fraud (False Promise); and Professional Negligence. Defendant seeks summary judgment or summary adjudication as to these causes of action. A. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. ...
2023.08.10 Demurrer 672
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.10
Excerpt: ...and Labor Code section 1102.5. Factual Allegations In his complaint, Plaintiff alleges that on September 18, 2017, he filed a complaint against his then-employer, the Lucia Mar Unified School District (LMUSD), for its alleged violation of the Education Code by MUSD's installation of video cameras in Plaintiff's instructional area. (Compl., '1 1.) On October 10, 2017, Plaintiff sent an email to the parents of an affected student with a copy to LMU...
2023.08.10 Motion for Change of Venue 653
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.10
Excerpt: ...endant entered into a transaction with Westlake Farms, Inc. (Westlake) and Ceil Howe, Jr. by which: (1) Westlake and Mr. Howe's predecessors in interest sold 14,469 acres of farm land in the Kettleman City area of California to Defendant (the Land Sale Agreement); (2) Westlake, via a Leaseback Agreement, leased back more than 12,000 acres of that land from Defendant for a minimum term of 30 years to farm. (Compl., '17.) Plaintiff alleges the Leas...
2023.08.10 Motion for Leave to File FAC 656
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.10
Excerpt: ...Plaintiff to the San Luis Obispo Police Department in July 2019, and on Facebook. Trial in this matter is set for February 26, 2024. Plaintiff seeks to file a first amended complaint which: (1) clarifies the actionable statements attributed to Hale; (2) attaches additional exhibits that reflect the date and time Hale made her Facebook statements; and (3) dismisses the cause of action for defamation — false light. No opposition is on file. The C...
2023.08.09 Motion for Judgment on the Pleadings 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.09
Excerpt: ...her defendants in this action have been dismissed or had judgment entered in their favor after successful motons for summary judgment. Davis is named as a defendant in first (intentional interference with expected inheritance), second (fraud), third (constructive fraud), tenth (breach of fiduciary duty), eleventh (breach of fiduciary duty), twelfth (breach of fiduciary duty), thirteenth (breach of fiduciary duty), twenty-second (intentional infli...
2023.08.09 Motion for Attorney Fees 591
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.09
Excerpt: ...ver the term of the Lease Agreement ("Contract") of $28,214.52. The complaint alleges violations of the Song-Beverly Consumer Warranty Act (the "Act"), and (Civ. Code S 1790 et seq.). Shortly after entering into the lease agreement, Plaintiffs presented the Vehicle to Defendant for repairs, specifically for defects related to: (a) hesitation during acceleration on two (2) separate occasions; (b) abnormal loud thud and rattling noises while drivin...
2023.08.09 Demurrer 491
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.09
Excerpt: ...essary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant filed a demurrer to the FAC on the grounds that Plaintiffs claims are barred because the achon was not brought within six months of the rejection of his government claim, and that Plaintiff has failed to "state a cognizable claim for relief as to any theory of liability." (Demurrer, p.l.) No opposition is on file. Demurrers can be us...
2023.08.09 Demurrer 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.09
Excerpt: ...red and/or distributed by Defendant Diamond C Trailers ("Diamond C") and/or The Trailer Specialist, Inc. ("Trailer specialist") (SAC, '123-24.) The truck, trailers and ATVs were owned by Defendants Orchard City RV, LLC ("Orchard") and Matthew Gordon ("Gordon"). (SAC, 3.) At the time of the incident, Jutila was acting as an agent for Defendants Orchard and Gordon. (SAC, 6.) Jut-ila was driving to deliverthe equipment to the California Department o...
2023.08.09 Motion for Summary Judgment, Adjudication 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.09
Excerpt: ...the demurrer with leave to amend and granted the motion to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) violation of state and federal civil rights; 2) trespass; 3) oppression, fraud and malice; 4) Bane Act violation; and 5) vicarious liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises owned by Plain...
2023.08.08 Petition to Compel Non-Party Response to Subpoena 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.08.08
Excerpt: ...fendants, including Respondent. On April 11, 2022, the Nevada court dismissed Respondent from the action for lack of personal jurisdiction. (Declaration of Ronald Green (Green Dec.), Ex. 1.) On November 4, 2022, Petitioner served Respondent, a California res-dent, with a deposition subpoena for personal appearance and production of documents, electronically stored information, and things in action appearing outside California. (Green Dec., Ex. 2....
2023.08.08 Motion to Compel Deposition of PMK, Production of Docs 081
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.08.08
Excerpt: ...and breached its warranty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Plaintiff also alleges Defendant knew the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Act. Now before the Court is Plaintiff's motion to compel the deposition of Defendant's person most knowledgeable (PMK) and request for production of documents. Discussi...
2023.08.08 Motion for Leave to File SAC 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.08.08
Excerpt: ...r 27, 2022, the demurrer was partially overruled and partially sustained without leave to amend. Plaintiff now moves for leave to file a second amended complaint. Plaintiff's proof of service shows that she served the motion on counsel for Defendants via email on July 14, 2023. No opposition is on file. Plaintiff's points and authorities describe the amendments she proposes to make to her SAC, and she provides a declaration and a copy of the FAC....
2023.08.03 OSC Re Preliminary Injunction 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.03
Excerpt: ... with a related achon filed on March 13, 2023, by Defendant against Plaintiff. The actions arise out of ownership, control and management of Grossini's Autobody, lnc„ located in Grover Beach (Grossini's or the Corporation). Plaintiff now seeks a preliminary injunction restraining Defendant and her agents representatives, or persons acting in concert or participation with her, from "controlling, transferring, withdrawing, encumbering, or otherwi...
2023.08.03 Motion to Post Out-of-State Bond 185
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.03
Excerpt: ... driven by McCullough. The incident occurred on February 15, 2019, on the US-IOI freeway near Price Street in Pismo Beach. Plaintiffs allege that the collision was caused by McCullough's negligent driving. Pursuant to Code of Civil Procedure section 1030, 1 McCullough and RTA (collectively Defendants) move for an order requiring Plaintiffs to file an undertaking in the amount of $37,009.00 to secure any award of costs that may be awarded against ...
2023.08.03 Motion to Compel Compliance with Deposition Subpoena 474
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.08.03
Excerpt: ...urrently before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendants argue the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All document...
2023.08.02 Demurrer to FAC, Motion to Strike, for Monetary and Non-Monetary Sanctions 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.02
Excerpt: ...vin Newsoml ; Jay M. Coggan, individually and in his official capacity as commanding general of the California State Guard2 Peter 8. Cross, individually and in his official capacity as commander of California Military Department Youth & Community Programs Task Force; and Francisco Flores, individually and in his official capacity as commander of Grizzly Youth Academy (GYA). On October 12, 2022, this Court issued a ruling on a demurrer to the comp...
2023.08.02 Motions to Seal 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.02
Excerpt: ...ntial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) A. CenCal Health's Motion to Seal Sections of Exhibit 54 CenCal Health reports that exhibit 54 contains highly confidential information relating to CenCal's provider payment methodologies...
2023.08.02 Motion for Class Certification 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.02
Excerpt: ...cedent was enrolled as a Medi-Cal recipient. Capitation payments are part of a "risk-sharing arrangement" between Medi-Cal and a managed care organization (MCO), under which Medi-Cal pays a monthly fixed amount for each enrolled person to cover contracted services (capitated basis), and the MCO "assumes the full risk for the cost of [those] contracted services without regard to the type, value or frequency of services provided." (Centinela Freema...
2023.08.02 Motion for Early Expert Exchange 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.08.02
Excerpt: ... SLO, L.P. (Garden Street),l hired Specialty Construction, Inc. (Specialty) to serve as its general contractor, and Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanic's liens. On October 4, 2019, one of the subcontractors, Sahara Constructon Co., Inc., filed a complaint against Specialty for damages. On May 8, 2020, Specialty filed a cross-com...
2023.08.01 Motion for Sanctions 391
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.08.01
Excerpt: ...r) filed a petition under Probate Code secton 850 to determine ownership of certain shares of stock (the Petition). on March 19, 2020, Andreoli filed a counterpetition against Siegenthaler alleging financial abuse and fraud. Andreoli now moves the Court pursuant to Code of Civil Procedure section 128.72 for an order striking Siegenthaler's Petition and awarding monetary sanctions in the anticipated amount of $9,500 in attorney fees and costs plus...
2023.07.25 Motion for Continuance of Trial and MSJ Date 127
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.07.25
Excerpt: ... her claims. On March 1, 2023, the Court granted Plaintiff's counsel's motion to withdraw as counsel for Plaintiff. Before withdrawing, Plaintiff's counsel filed the subject motion to continue the trial date and the hearing on the State's motion for summary judgment. Defendant Adam McLaughlin does not oppose a continuance. (Declaration of Terence D. Edwards ("Edwards Decl."), 4.) State would not stipulate to continue the trial and summary judgmen...
2023.07.19 Motion to Strike Punitive Damages 363
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.19
Excerpt: ...nd negligence. Now before the Court is Replogle's motion to strike Plaintiffs' request for punitive damages. A. Background Facts Cambria is a Limited Partnership and the owner of real property located at 1509 24th Street in Oceano, California ("Cambria Property"). Rust is the owner of real property located at 1517 24th Street in Oceano, California ("Rust Pro#rty"). Willard lives in the Cambria Property as a tenant of Cambria. Replogle is the owne...
2023.07.19 Motion to Compel Further Deposition Testimony, for Monetary Sanctions 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.19
Excerpt: ...r and briefly describe the exhibit." (See also San Luis Superior Court Local Rules 5M, and 9.03 [sanctions for failure to comply].) Background On December 1, 2021, Plaintiff Simone Y. Hosey filed this employment lawsuit against Defendants California Military Department ("CMD"); Peter B. Cross, individually and in his offcial capacity as commander of California Military Department Youth & Community Programs Task Force; Francisco Flores, individual...
2023.07.13 Motion for Preliminary Approval of Class and PAGA Settlement 533
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.07.13
Excerpt: ... March 2019. Defendants filed an answer generally denying all allegations and asserting affrmative defenses. Plaintiff reports the matter has been resolved and seeks preliminary approval of the settlement by the Court. Specifically, Plaintiff seeks an order as follows: 1. Preliminary approval of the settlement described in the Stipulation of Settlement of Class and PAGA Action Claims and Release of Claims, attached as Exhibit 1 to the Declaration...
2023.07.12 Motion to Compel Arbitration 301
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.12
Excerpt: ...er four attempts. Plaintiff filed this lawsuit, alleging one cause of action against Defendant for violating the Song-Beverly Consumer Warranty Act. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although it is not a party to t...
2023.07.12 Motion to Bifurcate 175
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.07.12
Excerpt: ...tion under Business and Professions Code section 17200, et seq. (the LJCL), and a representative cause of action for civil penalties underthe Private Attorneys General Act, Labor Code section 2598, et seq. (PAGA). Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged aga-nst all Defendants. Shortly before the jury trial in t...
2023.07.11 Application for Right to Attach Order and Writ of Attachment 216
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.07.11
Excerpt: ...ondragon and Jiminez, dba Paradise Grill ("Lessee") leased the Property, as well as furniture and fixtures contained therein, for the purpose of running a sit down family restaurant. Plaintiff alleges that Defendants failed to pay rent as required and that rent is now due in excess of $204,687, 13, exclusive of attorney's fees and costs. (Leggitt Decl. '192-11.) On September 22, 2022, Plaintiff filed an Application for the Right to Attach Order a...
2023.07.11 Motion for Attorney Fees 609
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.07.11
Excerpt: ...m moves here for its attorneys' fees and costs incurred in domesticating the Judgment and in attempting to collect on the Judgment, in the amount of $1,470.36. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice ("RJN") is granted; the Court shall take judicial notce of Exhibits 1-3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure section 685.080 on the grounds that...
2023.07.11 Motion to Amend Judgment to Include Prejudgment Interest 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.07.11
Excerpt: ...from Eagle. Then as Cross-complainant Eagle Energy, Inc. ("Eagle") was granted summary judgment on its breach of contract claims against Cross- Defendants WCG and Letters, the amount of damages to be awarded to Eagle was left to be tried by jury. Judgment was entered on the amounts determined after jury trial. Eagle now seeks to amend the judgment to include prejudgment interest on the ground that interest was capable of being made certain by cal...
2023.06.29 Motion to Set Aside Summary Judgment on Bond Forfeiture 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.29
Excerpt: ...efendant appeared for arraignment and executed a waiver of personal presence under Penal Code section 977 ("977 waiver"). 1 (Opposition, Ex. A.) Defendant did not appear thereafter, with all appearances being made by his attorney. (See Motion, Ex. B.) On February 9, 2022, at a pretrial conference, Defendant's counsel informed the court that he had lost contact with Defendant and the Court ordered the bond forfeited. A Notce of Forfeiture was file...
2023.06.29 Motion to Compel Compliance with Deposition Subpoena 474
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.29
Excerpt: ..., before the Court is Defendant's motion for an order compelling a nonparty to comply with a deposition subpoena for the production of business records. Defendant argues the records sought are relevant to Plaintiff's claims. No opposition has been filed. On December 23, 2023, Defendant served a subpoena for the production of business records (the "Subpoena") on the Arroyo Grande Police Department ("Police Department") seeking: All documents inclu...
2023.06.29 Motion to Award Costs and Amend Judgment 362
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.29
Excerpt: ...Center, Galileo Surgery Center, Camarillo Ambulatory Surgery Center, Spanish Hills Surgery Center, Cypress Ave. Realty Investment Co., LLC, Central Coast Medcare, LLC, PK Surgery Investors, LLC, Healthcare Billing & Bookkeeping Services, Inc., Healthcare Billing and Management Services, Inc., Boris Pilch, M.D., Jashvant Patel, M.D., and Marc Wolfsohn, M.D. (“Defendants”) Þled a moŸon for summary judgment, which was granted in its enŸrety...
2023.06.29 Motion for Summary Judgment 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.29
Excerpt: ...ect that was not dangerous as a matter of aw. It also contends that Frucht cannot prove City had actual or constructve notice of the defect. Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., S 437c, subd. (c).) As the moving party, City has the initial burden to show the cause of action has no merit by either showing that one or more e...
2023.06.29 Motion for Attorney Fees 427
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.29
Excerpt: ...s pecuniary damages pursuant to the Third Cause of Acton for Slander of Title." As such, Plaintiff is entitled to its attorney fees as damages. Defendant San Luis Obispo Guild Hall opposes the motion, arguing it is improper because Defendant has appealed the Court's ruling on Plaintiff's summary judgment moton. Defendant contends the Judgment awarded Plaintiff attorney fees "once as damages," but that Plaintiff now seeks to "double that recovery ...
2023.06.28 Motion for Attorney Fees 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.28
Excerpt: ...AC), Knudson again responded by demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal act...
2023.06.27 Motion to Bifurcate Trial 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.27
Excerpt: ...thwest of the community of Coalinga (the "Park Fire"). Calvin Louis Norman ("Norman") and Bryan Dillard ("Dillard") have since been added to the achon as defendants. The Kester Plaintiffs' operative pleading against the County and Norman alleges seven causes of action for: 1) inverse condemnation, 2) negligence, 3) nuisance, 4) trespass, 5) violation of Health and Safety Code section 13007, 6) Vehicle Code section 17001, and 7) Government Code 83...
2023.06.27 Demurrer to SACC 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.27
Excerpt: ...rt as a director. On December 8, 2022, Robert filed a second amended cross- complaint (SAXC) against Steve. The SAXC also added BBC as a defendant and asserted derivative claims on its behalf. Currently on calendar is Steve's demurrer to the first, fourth, fifth, sixth, seventh, and eighth causes of action in the SAXC on the ground that they are uncertain and fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430....
2023.06.22 Motion to Set Aside Dismissal and Enter Judgment 261
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.22
Excerpt: ...sts ("Judgment Amount"). (Agreement 1). The Agreement sets forth a payment schedule and provides that upon default of any payment the entire judgment, less any amounts paid, is due and Plaintiff can move to vacate dismissal and request entry of judgment. (Agreement 1, 3, 4 and 7). On December 20, 2021, the Court dismissed the case pursuant to the Agreement and retained jurisdiction under Code of Civil Procedure section 664.6 ("section 664.6"). Pl...
2023.06.22 Demurrer to FACC 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.22
Excerpt: ...ended Cross-complaint ("FACC") alleges that the founding members orally agreed to enter into a partnership to grow and sell cannabis to dispensaries (the "Oral Agreement"). (FACC '112.) The parties formed the LLC and entered into a written Operating Agreement ("Operating Agreement") in accordance with the Oral Agreement. (FACC 14, 33.) The parties located agricultural real property ("Property") and agreed that Pritz would purchase the Property be...
2023.06.21 Motion for Summary Judgment, Adjudication 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...
2023.06.21 Motion to Furnish Security, for Prefiling Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ...ntinued 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 sub-trusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Diane Davies (Davies) as the court-appointed successor tru...
2023.06.15 Motion to Compel Production or for Further Responses 565
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...er 7, 2018, Plaintiffs' son, Jordon Grant,l was riding his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. At the tme of the incident, a GoPro camera was attached to Jordan's helmet. The memory card (Micro Secure Digital Card [SD Card)) from the GoPro camera was subs...
2023.06.15 Motion for Summary Adjudication 084
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...ground Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2020 Plaintiff was employed by Defendant as a "direct support professional" and part of the frontline staff that took care of the residents. (UMF 9-10.) Plaintiff was employed at Sunset House. Plaintiff's job duties included helping residents wit...
2023.06.15 Motion for Summary Adjudication 037
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...
2023.06.15 Motion for Protective Order, to Compel Deposition ot PMK 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...
2023.06.15 Demurrer 856
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...
2023.06.15 Demurrer 091
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...
2023.06.13 Petition for Writ of Mandate 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...tlement, and the matter was dismissed as to Nahmias' claims. Petitioner now petitions, pursuant to Code of Civil Procedure sections 1085, 1094.5 and 1102 for the following relief: 1. An alternate and peremptory writ of mandate and prohibition commanding Respondents to take no further enforcement measures against Petitioners; 2. A stay, temporary restraining order, preliminary, and permanent injunction prohibiting Respondents from taking any furth...
2023.06.13 Petition for Writ of Mandate 074
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ... of action for constitutional taking. The dispute concerns a billboard located on Plaintiff's property, located at 6020 Conejo Road in Atascadero (the Property). With his request for writ of mandate, Petitioner requests the Court order Respondents to allow reconstruction of the billboard. l. Factual Background. A. The Original Billboard. Petitioner alleges he acquired the Property on April 26, 2016. (Pet„ 1.) Petitioner alleges the billboard on...
2023.06.13 Motion to Strike, to Consolidate 216
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...dants' filing that civil action. Defendants filed a demurrer to the original complaint in this action that was scheduled for hearing on June 15, 2023. Plaintiff filed a First Amended Complaint ("FAC") on May 15, 2023, that became the operative complaint. The demurrer is therefore moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-505.) Two motons are at issue: Defendants' Motion to Strike the FAC and Defenda...
2023.06.13 Motion for Summary Judgment 271
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...e timely service on June 2, 2023. (Code Civ. Proc., SS 1170.7; Yanez v. Vasquez (2021) 65 Cal.App.5th Supp. 1, 8 [Code Civ. Proc., S 1013 applies].) Opposition, however, may be made orally at the hearing or in writing the court day before the hearing. (Cal. Rules of Court, rule 3.1351.) l. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law....
2023.06.08 Motion to Compel Responses 325
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.08
Excerpt: ...or Production of Documents, Set One ("RFP"); Form Interrogatories, Set One ("Form Interrogatories"); and Special Interrogatories, Set One ("Special Interrogatories"). Plaintiff served objections to the RFP and Special Interrogatories and objections to many of the Form Interrogatories. 1 On November 3, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel. Cannon attempted to meet and confer with Plaintiff and her former c...

1889 Results

Per page

Pages