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2022.09.15 Demurrer 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...
2022.09.14 Motion for Preliminary Approval of Class Action Settlement 016
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...
2022.09.14 Motion to Strike 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...
2022.09.14 Motion to Set and Fix Amount of Bond 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defen...
2022.09.13 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...
2022.09.13 Motion for Evidentiary Sanctions, to Compel Responses, for Monetary Sanctions 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...
2022.09.01 Motion to Set Aside Dismissal 001
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...
2022.09.01 Motion to Enforce Settlement 617
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...
2022.09.01 Motion for Summary Judgment, Adjudication 610
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...
2022.09.01 Motion for Leave to File Amended Answer 644
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...
2022.08.25 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...
2022.08.25 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ...eo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed hi...
2022.08.24 Motion to Compel Compliance with Deposition Subpoenas 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...n subpoenas that were personally served on two non‐party witnesses: Kevin De La Cruz (De La Cruz) and Jimmy Cervantes (Cervantes) (the Deponents). The Deponents both failed to appear at their depositions, and Defendant's counsel made a record of the non‐appearances and now seeks monetary sanctions against the deponents, as well as an order compelling them to comply. When the motions initially came on calendar, they had not been served on the ...
2022.08.24 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ..., or in the alternative summary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposed the motion. Prior to the initial hearing on the motion, the Court posted a tentative ruling that anticipated denying the motion on the grounds that Plaintiff had not made the requisite showing. At the hearing, counsel provided further information, and t...
2022.08.24 Motion to Enforce Settlement 169
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...inst Successor Trustee, Kristen R. Barba (“Respondent”). On April 3, 2021, the parties entered into settlement agreement pursuant to which they agreed to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”) (“Agreement”.) On January 24, 2022, the parties appeared before the Court for an Order to Show Cause re: Dismissal hearing. At that time, all the terms of the Agreement had been comple...
2022.08.23 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...adero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is “a public entity.” Despite two c...
2022.08.23 Demurrer 242
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...r part of a tree when the lift came into contact with an electrical wire. (FAC, ¶¶ 1, 10.) The contact caused electric current to pass through his body causing him injury. (FAC, ¶ 1.) The incident took place on November 23, 2019. (FAC, ¶ 10.) The FAC names PG&E as a defendant in the fourth (strict liability), fifth (loss of consortium), and sixth (negligence) causes of action. Before the Court is PG&E's demurrer to the fourth cause of action....
2022.08.18 Petition for Writ of Administrative Mandamus 554
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...��) is attached to the Petition. “[I]n the absence of the administrative record, the sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.” (Caveness v. State Personnel Bd. (1980) 113 Cal.App.3d 617, 630.) I. BACKGROUND On March 31, 2021, the District sent a Notice of Intended Disciplinary Action – Termination to Crawford, which included an investigati...
2022.08.18 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 479
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...xecuted a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befor...
2022.08.18 Motion to Compel Second Deposition 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ... the Court is Plaintiff's motion to compel Williams to appear at second deposition and request for monetary sanctions in the amount of $4,500.00. Legal Authority “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code...
2022.08.18 Motion to Compel Production of Docs, for Monetary Sanctions 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...duce documents and for monetary sanctions in the amount of $4,500 against Guimaraes and/or his counsel. Discussion At the outset, it is unclear to the Court to which set of discovery Plaintiff seeks further responses and responsive documents. Plaintiff first outlines requests for production that were served on the Guimaraes Defendants (one to Guimaraes, and one to Central Coast Behavioral Health) on February 8, 2021. To the extent Plaintiff seeks...
2022.08.17 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...ary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposes the motion. I. Legal Standard Section 437c(h) provides that: If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be present...
2022.08.17 Motion to Compel Further Responses, for Monetary Sanctions 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ... Lime Mountain Livestock, LLC (Lime Mountain) filed a lawsuit (San Luis Obispo Superior Court Case No. 18CVP‐0101) against Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Ric...
2022.08.17 Motion to Bifurcate 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...vid R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to properties near Lake Nacimiento due to the Chimney Fire. Shortly before the Chimney Fire, Plaintiff Paul Atkins and his brother Gary A...
2022.08.11 Motion to Enforce Peremptory Writ of Mandate and Award 516
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.11
Excerpt: ...itioner's motion for issuance of peremptory writ of mandate. Petitioner's four causes of action under the Fair Employment and Housing Act (FEHA) remain at issue. Petitioner sought an order addressing the remedy to be awarded on the writ. On June 16, 2022, the Court heard oral argument from the parties regarding their respective positions. At this hearing, Respondents argued that the Court should not enforce the writ and award until a final judgme...
2022.08.10 Motion for Judgment on the Pleadings 085
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...
2022.08.10 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...
2022.08.10 Motion to Strike or Tax Costs 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...ff's five causes of action are alleged against both Defendants, and both Defendants are represented by the same counsel. On March 29, 2022, Plaintiff filed a voluntary dismissal without prejudice for all causes of action against Hefele. The action remains pending against Brown. On April 13, 2022, Hefele filed her Memorandum of Costs After Judgment seeking $20,449.55 in costs. Plaintiff now moves for an order taxing and striking the costs claimed ...
2022.08.09 Motion to Vacate Dismissal, to Enter Judgment 428
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ...inst Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement, and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to v...
2022.08.09 Motion to Compel 287
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ... advantage, and (5) preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Martinez and PS filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions C...
2022.08.03 Motion to Vacate Court Order 044
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...
2022.08.03 Motion to Strike FAC 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...
2022.08.03 Demurrer to SAC 096
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...
2022.08.03 Demurrer to FACC 112
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...
2022.08.03 Demurrer 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...
2022.07.27 Motion to Quash 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...
2022.07.27 Motion to Compel Depositions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...tum, and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On November 30, 2018, Defendants filed an amended cross‐ complaint substituting Roe No. 40 for The Western Surety Company. On November 18, 2021, Mark Coffin, counsel for Defendants, emailed Notices of Deposition for: ...
2022.07.27 Motion for Leave to File SAP 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ... petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed a first amended petition (FAP) in July 2017. The FAP set forth the following causes of action: (1) Instructions as to Language of Trust; (2) Suspend and Remove Successor Trustee and Appointment of Successor Trustee; (3) Breach of Trust; (4) Breach of Fiduciary Duty; and (5) Compel Accounting. Trial was origin...
2022.07.19 Motion to Compel Deposition 310
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.19
Excerpt: ...ntiff alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff moved for an order compelling the deposition testimony of Thanom, or alternatively for an order compelling the production of Thanom's contact information, namely his home address, so that he can be subpoenaed, o...
2022.07.19 Motion to Expunge Lis Pendens 102
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.19
Excerpt: ...reement entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expung...
2022.07.13 Motion to Amend Complaint 337
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.13
Excerpt: ...plaint alleges that Lowry submitted his disability retirement application in February 2019, but the District failed to timely process it, and instead deemed him voluntarily resigned. The complaint alleges (1) wrongful discharge; (2) disability discrimination – failure to engage in good faith in the interactive process; (3) disability discrimination – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of ac...
2022.07.12 Motion to Vacate Dismissal, to Enter Judgment 428
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...re section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to vacate the dismissal and Motion for Entry of Judgment Under the Terms of the Stipulated Settlement. No opposition has been filed despite proof of service showing timely service at Defendant's address of rec...
2022.07.12 Motion to Tax Costs 156
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ... amended cross‐complaint (FACC) on November 1, 2017. The FACC alleged fraud and misrepresentation, as well as common counts for nonpayment on two loads of firewood. Trial took place in May 2021, and the Court issued a Final Statement of Decision on January 14, 2021. On January 31, 2021, the Court entered judgment in favor of SMR on both the complaint and the FACC. Judgment on the FACC was limited to the second cause of action (a common count fo...
2022.07.12 Motion to Expunge Lis Pendens 102
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...ent entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expunge th...
2022.07.12 Motion to Compel Answers 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ... condemnation. Plaintiff alleges that it has incurred damages, including remediation costs in excess of $200,000. (SAC ¶ 13.) Plaintiff alleges that it is the owner of real property consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (“Highway”), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Plaintiff inte...
2022.07.12 Motion for Summary Judgment 088
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...at Templeton Surgery Center. On October 3, 2020, the two actions were consolidated. On December 1, 2020, Plaintiff dismissed Templeton Surgery Center with prejudice. Now before the Court is Dr. Bolivar's motion for summary judgment. The Court is not in receipt of an opposition; a proof of service is on file. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the ...
2022.07.12 Motion for Preliminary Injunction 262
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...e was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of Ca Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outli...
2022.07.12 Demurrer 318
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...gan renting real property from the Switzers in October 2018. Wiley alleges that from that time until May 2021, Joel repeatedly made sexual comments to her. Wiley alleges that she informed Terri of Joel's harassment, and as a result, the Switzers initiated an eviction action against her in September 2021. The unlawful detainer complaint and summons are attached as Exhibit A to the complaint. In addition to the sexual harassment allegations, the co...
2022.07.12 Demurrer 293
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...ntract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; and 4) fraud. Now before the Court is Defendants demurer to the FAC on the grounds that it fails to state a claim for relief. (Code Civ. Pro. § 430.10(e).) I. Background On or about May 25, 2019 Plaintiffs purchased the Property from Defendants for $2,525,000. (Complaint ¶ 12.) Plaintiffs obtained title to the Property in August 2019 (Id. ¶ 13). Plaintiffs...
2022.07.07 Demurrer, Motion to Strike 703
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.07.07
Excerpt: ...int alleges Plaintiff was a civil service employee for the District from March 26, 2012, through April 1, 2021. (Complaint, ¶ ¶ 1‐2.) Koon was Plaintiff's direct supervisor. (Id. at ¶ 3.) Koon was offered a full‐time position, which Plaintiff believed was improper and could lead to a lawsuit against the District. (Id. at ¶ 11.) After Koon was hired full‐time, “increasing levels of stress and duress were placed on the plaintiff by the ...
2022.06.30 Demurrer to SAC 064
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.30
Excerpt: ... January 22, 2021. The FAC alleges Ginger, through her company Wapita, was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The FAC reports that the Mankins have repaid a portion of the converted funds. On June 23, 2020, B&D Farms, Inc., and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). It also alleges that Gi...
2022.06.30 Petition for Writ of Mandate 531
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.30
Excerpt: ...an investigation by the Cal Poly Office of Equal Opportunity (OEO), Hearing Officer Lisa Jaye found Petitioner committed sexual misconduct as that term is defined in CSU Executive Order 1097 (revised March 29, 2019) (the Policy). With this action, Petitioner requests the Court set aside the findings made and sanctions imposed by Cal Poly and order no further administrative action be taken against Petitioner. FACTUAL BACKGROUND A. The December 8, ...
2022.06.30 Motion to Compel Responses 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.30
Excerpt: ...5 Higuera LLC, a dissolved California limited liability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. On July 28, 2021, Plaintiffs served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (the Discovery), on defendant Belsher. (Raftery Dec., ¶ 2.) After failing to receive timely responses, and after meeting and conferring with Belsher, Plaintiffs...
2022.06.29 Demurrer 365
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.29
Excerpt: ...lleging causes of action for (1) sexual battery (against Mauro), (2) intentional infliction of emotional distress (against Mauro), (3) negligent infliction of emotional distress (against Martinez and Mauro), (4) harassment in violation of the Fair Employment and Housing Act (FEHA) – hostile work environment (against Martinez and Mauro), (5) wrongful termination in violation of the FEHA (against Martinez), and (6) retaliation for engaging in a p...
2022.06.29 Motion for Relief from Waiver 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.29
Excerpt: ...ommodate a medical condition; (2) failure to engage in the interactive process; (3) discrimination, and (4) retaliation. Before the Court are three motions: (1) Plaintiff's motion for relief from waiver of discovery objections to first sets (sic) of form interrogatories; (2) Plaintiff's motion for relief from waiver of discovery objections to request for admissions; and (3) Plaintiff's motion for relief from waiver of discovery objections to requ...
2022.06.22 Demurrer, Motion to Strike 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.22
Excerpt: ...he FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. Now before the Court is Defendants' motion to strike and demurrer. Defendants move to strike all references to fraud, malice, oppression and/or puni...
2022.06.16 Motion to Compel Further Responses, Deposition 064
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.16
Excerpt: ...a).1 On June 23, 2020, B&D Farms, Inc. (B&D) and Gary McKinsey (collectively McKinsey) filed a separate action against Ginger, Mark, and Wapita (20CV‐0310). Mark is named in the first cause of action for fraud and conspiracy to defraud, and the fifth cause of action for unjust enrichment. The Court consolidated the two actions for pretrial purposes. On December 9, 2021, Mark filed a second amended cross‐complaint (SAXC) against Ginger, Wapita...
2022.06.15 Motion to Continue Trial 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18, 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase I of the trial began on March 18, 2021, and the Court issued its “Ruling on ...
2022.06.15 Motion for Terminating Sanction, Issue Sanctions, and Monetary Sanctions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ... with prior discovery motions. Specifically, the Court's orders on (1) January 26, 2022, regarding Petitioner's third set of requests for production; and (2) March 11, 2022, regarding Petitioner's second set of requests for production. Respondent served initial responses to set two on April 1, 2022, and supplemental responses to set three on March 2, 2022.1 2 For the reasons set forth below, the motion is denied in its entirety. A. The Second Set...
2022.06.15 Motion for Preliminary Approval of Class Action Settlement 501
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...mium wages; 3) inaccurate wage statements; 4) waiting time penalties; 5) unfair competition pursuant to Business and Professions Code sections 17200 et seq.; and 6) civil penalties under the Private Attorneys General Act of 2004 (PAGA). Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintif...
2022.06.15 Motion for Judgment on the Writ 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.15
Excerpt: ...ic access easement. The Petition alleges 1) abuse of discretion; failure to proceed in a manner required by law; and 2) abuse of discretion; findings are not supported by substantial evidence. The Petition also seeks damages for unlawful taking. Respondent now brings a motion for judgment on the writ. Petitioner opposes the motion. The Court grants Respondent's Requests for Judicial Notice. I. Background This matter involves a lengthy dispute ove...
2022.06.08 Motion to Compel Further Responses 358
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.08
Excerpt: ...e Foster has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition. On September 3, 2021, Respondent served Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions of Fact, Set One, and Request for Production of Documents, Set One (the Discovery), on Petitioner. On October 8, 2021, Petitioner served...
2022.06.08 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.08
Excerpt: ...er Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 and 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the C...
2022.06.07 Motion for Attorney Fees 156
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ... default and default judgment entered against it, and on August 19, 2020, Defendant filed a responsive pleading. On November 2, 2021, a bench trial was held. This Court's ruling in favor of Plaintiff was filed on December 16, 2021, and the judgment against Defendant was entered on January 12, 2022 (the “Judgment”). The Judgment awards Plaintiff reasonable attorneys' fees and costs according to proof by a properly noticed motion, pursuant to C...
2022.06.07 Motion for Approving Receiver's Plan 202
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ...ver over real property located at 1760 Shepherd Drive, Paso Robles, California, 93446 (the Property) to abate a public nuisance from an accumulation of junk and debris that are consistent with hoarder conditions. Busch is the record owner of the Property, and Wells Fargo has a secured interest in the Property. On December 10, 2021, this Court granted the City's Petition, appointed GS Strategies, Inc. (Receiver), as receiver for the Property end e...
2022.06.07 Motion to Dismiss 018
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ...sonry by Darin.” In the motion, Vandeventer states that his motion to dismiss should be granted because the parties are bound by an arbitration agreement. Plaintiff did not file an opposition. It is unclear which corporate entity, if any, is a proper party to this lawsuit. However, a corporate defendant may not represent itself and must appear through an agent who is a member of the bar. (Merco Construction Engineers, Inc. v. Municipal Court (1...
2022.06.07 Motion for Preliminary Injunction 262
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ... was allegedly due to a whining dog kept outside, Defendants' letting off fireworks, and Defendants' roosters. As against Defendants, the FAC raises claims for violations of CA Civil Code section 1708, public nuisance, and private nuisance, and defamation per se/slander, aiding and abetting tort, and intentional infliction of emotional distress against Defendants and Puckett. Plaintiff seeks punitive damages against all defendants. The FAC outlin...
2022.06.07 Motion to Compel Deposition 310
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ... alleges that Mr. Carre Thanom (Thanom), an employee of Quinn Rental Services, was getting the skid steer ready for pickup when he caused a portion to fall on the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) Plaintiff seeks to depose Thanom, who is the only known percipient witness to the incident, in order to establish liability and causation. Plaintiff moves for an order compelling the deposition testimony of Thanom, or alternat...
2022.06.07 Motion to Set Aside Dismissal and Notice of Settlement and Request to Reset Case for Trial 608
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.06.07
Excerpt: ...h counsel – reached a settlement on or about October 9, 2018. Plaintiff's counsel sent a conditional settlement agreement to Defendant for execution on October 11, 2018, but Defendant never signed the agreement. Despite never signing the agreement, Defendant made payments per the agreement's terms through January 24, 2019. Plaintiff's counsel stated he contacted defense counsel several times in March of 2019, and then once in August of 2021. De...
2022.06.02 Motion to Deem RFAs Admitted 605
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.02
Excerpt: ...ing to receive any responses, counsel for Wells Fargo followed up with a meet and confer letter on December 14, 2021, providing a one‐week extension. (Kerfan Dec., ¶¶ 1‐5; Exs. 1 & 2.) Wells Fargo now moves to have the 2021 RFAs deemed admitted under Code of Civil Procedure section 2033.280 (Section 2033.280). The Court notes that the RFAs at issue are the same Requests for Admissions propounded as “set one” on December 11, 2020 (the 20...
2022.06.02 Motion to Continue Action Against Person Representative or Successor In Interest 626
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.02
Excerpt: ...ividual defendants are members of the EHHOA board. On May 17, 2021, EHHOA filed a cross‐complaint against Plaintiffs. Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo (the “Development”). The parties' dispute concerns the construction of a fence on Plaintiffs' property (which Defendants argue varies from the original approval), and Defendants' enforcem...
2022.06.02 Motion to Compel Further Responses 186
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.02
Excerpt: ...n Defendant. The RFPs included only one request: ALL DOCUMENTS in your custody or control from YOUR cell phone service provider, evidencing YOUR cell phone use, including but not limited to billing records identifying: all inbound and outbound telephone numbers; all inbound and outbound SMS and text messages; all elapsed times and usage duration for calls and texts; and all data usage from January 10, 2020, during the hours of 4:00 p.m. through 9...
2022.06.02 Motion for Summary Judgment, Adjudication 186
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.06.02
Excerpt: ...January 10, 2020, Defendant crashed his truck into a cement retaining wall located at 1965 La Jolla Court (the Property). Plaintiff and her husband heard the crash, came out of their house, and saw Defendant's vehicle when they rounded the corner of Oak Park Boulevard and Capistrano Court. Plaintiff entered the backyard of the Property where Defendant's vehicle had come to a rest. The accident had “created a large debris field of wood, protrudi...
2022.06.01 Motion for Summary Judgment, Adjudication 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ...(s) upon request by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit “A”. The Plaintiff has performed all conditions precedent to bringing this action or the same have bee...
2022.06.01 Motion for Reconsideration 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ... legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. On November 10, 2021, the Court sustained Defendants' demurrer to the complaint without leave to amend. Plaintiff now moves pursuant to Code of Civil Procedure section 10081 for reconsideration of this Court's order sustaining the demurrer (the “Order”). Plaintiff conten...
2022.06.01 Demurrer 399
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.06.01
Excerpt: ...st, to construct and operate a hemp farm in Squaw Valley, California. (FAC, ¶¶ 5, 9.) Plaintiff alleges the parties agreed to split all costs and profits 50/50 and provide services to the partnership in equal percentages. (Id. at ¶ 7.) Plaintiff alleges the parties formed a company called Central Coast Hemp Company (the Company). (FAC, ¶ 8.) Plaintiff alleges the Company's articles of incorporation were filed with the California Secretary of ...
2022.05.31 Motion to Transfer Venue 417
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.05.31
Excerpt: ... June 2, 2022. Prior to the filing of this action, Jason Dominguez (Dominguez) was appointed temporary conservator over Perez's person and estate by the Santa Barbara County Superior Court (Case No. 21PR00508). That appointment was extended on December 15, 2021, and Letters of Temporary Conservatorship issued on January 13, 2022.1 Dominguez, an attorney, is serving as a third‐party fiduciary. In addition to the conservatorship, Dominguez report...
2022.05.31 Motion to Expunge Lis Pendens 391
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.05.31
Excerpt: ...o Andreoli that same day. On June 18, 2019, Fred and Laurie Siegenthaler (the Siegenthalers) filed a petition under Probate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli filed a counterpetition against the Siegenthalers alleging financial abuse and fraud, and alleging the Siegenthalers had coerced Decedent out of approximately $3.5 million prior to his death. On June 1, 2020, Andreoli recorded a ...
2022.05.26 Motion for Summary Judgment, Adjudication, to Seal 362
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.26
Excerpt: ...ion is a qui tam claim asserted by Relator on behalf of the People of the State of California pursuant to the California Insurance Frauds Prevention Act, for violation of Insurance Code section 1871.7 and Penal Code section 550. Aetna dismissed the second through fifth causes of action on April 2, 2019. Pain Management Specialist Medical Group (Pain Management), Cypress Ambulatory Surgery Center (Cypress), Galileo Surgery Center (Galileo), Camari...
2022.05.26 Motion for Summary Judgment 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.26
Excerpt: ...s from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep records “of all visits to Defendants' offices and/or all communications...
2022.05.26 Motion for Approval of PAGA Settlement 025
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.26
Excerpt: ...neys General Act (PAGA). Now before the Court is Plaintiff's motion for approval of the PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing Phoenix Settlement Administrators as the settlement administrator; (3) approving the proposed Explanatory Letter to be distributed to the aggrieved employees; (4) directing the funding and distribution of the Gross Settlement Amount under th...
2022.05.26 Demurrer to TAC 414
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.26
Excerpt: ...er, Inc., and John Pepper, individually. The TAC alleges causes of action for: (1) violation of Corporations Code section 1601; (2) violation of Labor Code section 204; (3) involuntary judicial dissolution; (4) employment discrimination (Gov. Code, § 12900); (5) wrongful termination in violation of public policy; (6) retaliatory discharge in violation of Government Code section 12940, subdivision (h); (7) conversion; and (8) breach of fiduciary ...
2022.05.26 Motion to Contest Good Faith Settlement Applications 562
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.26
Excerpt: ...iffs allege that Baylee Pyzer was driving a vehicle owned by Rick Pyzer, when she collided with Deanna Corzo (Corzo), who was driving a car in which Plaintiffs were passengers. On December 7, 2020, Baylee Pyzer and Rick Pyzer filed a cross‐complaint against Corzo for implied indemnity, contribution and declaratory relief. Defendant Corzo made offers to each plaintiff pursuant to Code of Civil Procedure section 998, which Plaintiffs accepted. Pl...
2022.05.25 Motion to File FAC 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.25
Excerpt: ...inda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the 2017 Trust); and Johnny Lawrence Newton (Newton), an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the 2017 Trust. Raelene Ramos and Bowlby are sisters. Their parents John and Thelma Hindmarsh settled the Irrevocable Trust and Revocabl...
2022.05.25 Motion to Enforce Settlement Agreement 624
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.25
Excerpt: ...bject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “Es...
2022.05.24 Motion to Bifurcate 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.05.24
Excerpt: ...oss‐complained against Plaintiff, asserting two causes of action for trespass and recovery of penalties and costs pursuant to Streets and Highways Code section 720 et seq. Plaintiff alleges it owns real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for appro...
2022.05.24 Motion for Leave to File TAC 101
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.05.24
Excerpt: ... on the side of the road southwest of the community of Coalinga (the “Park Fire”).1 The Kester action alleges in essence that the Park Fire was caused by a 2014 International Asphalt hot patch truck with loader owned by the County and operated by its employee to compact and scrape loose asphalt on Parkfield Road. Plaintiffs generally allege that scraping the metal bucket of the loader on the road caused sparks that caught dry grass on the sid...
2022.05.19 Motion for Leave to File FAC 621
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.19
Excerpt: ...014, Plaintiffs entered into a lease agreement for a residential property located at 212 Seaview Avenue, Pismo Beach (the “Premises”). Shortly after moving into the Premises, Plaintiffs began suffering adverse health effects. In 2019 the Plaintiffs became aware of significant amounts of moisture, mold, fungus, and bacteria, which they allege caused physical injury and damages. Plaintiffs have filed two motions for leave to file a first amende...
2022.05.19 Demurrer, Motion to Strike 158
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.19
Excerpt: ... Ronald Berry (“Ron”), was dismissed from the action on August 1, 2018.1 The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. On May 27, 2021, the Court ruled on Scott's motion for summary judgment, treating it as a motion for judgment on the pleadings. The Court granted the motion with leave to amend “to allege facts supporting inclusion of Scott in the first, second, fourth, and sixth causes...
2022.05.19 Motion to Quash 031
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.19
Excerpt: ...anagers, general partners, or chief executive officers of, or otherwise manage and control” the Marshall Company Defendants. (FAC, ¶ 5.) She alleges that she has an equitable and/or legal interest in the Marshall Company Defendants “either held individually, in the Trust, community property and/or now as tenant in common due to the impact of her dissolution with Braff.” (FAC, ¶ 7.) Defendants “willfully, knowingly, and blatantly diverte...
2022.05.19 Motion to Compel Further Responses, for Sanctions 427
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.19
Excerpt: ... class action lawsuit filed by Plaintiffs Tam Farias and Nicholas Calvi, against Defendant Compass Health, Inc. The Farias first amended complaint (FAC) alleges multiple causes of action under the Labor Code, Business and Professions Code, and Private Attorneys General Act (PAGA). The Calvi complaint alleges one cause of action under Business and Professions Code. Now before the Court are the following motions: (1) Plaintiff Farias' motion to com...
2022.05.19 Motion to Strike 158
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.19
Excerpt: ...e allegations regarding punitive damages (¶¶ 82, 89, 109) and the corresponding prayer for relief in the TAC. (See Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164 [a complaint is subject to a motion to strike if it fails to allege facts supporting a punitive damages claim].) Punitive damages are governed by Civil Code section 3294, which requires allegations of “oppression, fraud, or malice ....” Under subdivision (b) of Civil Code...
2022.05.18 Motion to Consolidate 677
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.18
Excerpt: ...rty), and that Defendants entered into an agreement with Milstein, on June 21, 2021, to sell him the Property. Milstein alleges that Defendants breached the agreement by refusing to do so. Attached to the complaint is a California Residential Purchase Agreement (the RPA) signed by the parties in June 2021. On March 9, 2022, Defendants filed an unlawful detainer action against Milstein seeking possession of the Property. The attached lease, which ...
2022.05.18 Motion for Summary Judgment, Adjudication 337
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.18
Excerpt: ...ility – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of action was filed as a violation of the Fair Employment and Housing Act (the FEHA). I. STATEMENT OF FACTS The District hired Lowry in 2001 for the position of Harbor Patrol Officer (HPO) I. He was subsequently promoted to HPO II and HPO III. In addition, Lowry served as the interim Harbor Chief from September 2011 to October 2015. On March 11, 2016...
2022.05.18 Demurrer 501
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.18
Excerpt: ...that she was part of a security breach. (Id. ¶ 8.) After calling the number on the warning, Plaintiff was advised by a man named “Naz Adams” (“Adams”) of the extent of the purported breach and so began a series of phone calls with Adams (Id.) At some point, Adams informed Plaintiff that her bank account had also been compromised and introduced her to a man named Jack Wells (“Wells”) who claimed to work for Mechanics Bank. (Id. ¶ 9.)...
2022.05.12 Motion for Summary Judgment 647
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.12
Excerpt: ... following issues: that Garden Street is liable to Lindvall for breach of a promissory note under the first cause of action; that Marshall is liable to Lindvall for breach of a written guaranty under the second cause of action; and that Defendants' affirmative defenses are insufficient to excuse Defendants' breach of the note and guaranty. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding i...
2022.05.11 Petition for Writ of Mandate 282
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.11
Excerpt: ... violation of the California Environmental Quality Act (CEQA), Public Resources Code sections 21 168 and 21 168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation, formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit cen...
2022.05.11 Motion to Quash, for Protective Order 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.11
Excerpt: ...y 23, 2022. In the FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. The FAC alleges that Acramonte is an 88‐year‐old man with multiple health problems including Alzheimer's and dementia. (FAC ¶¶...
2022.05.11 Motion to Enforce Settlement Agreement 624
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.05.11
Excerpt: ...ubject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “E...
2022.05.05 Motion to Compel Further Responses 388
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.05.05
Excerpt: ...to produce the requested documents. On June 21, 2021, having received no documents from ABCI, counsel for BCP served a Request For Supplemental Responses To Requests For Production of Documents and Tangible Things on ABCI. (Declaration of Sherrie Flynn (“Flynn Dec.”), ¶¶ 5‐7; Exs. A‐C.) After no documents were produced, and after the parties exchanged meet and confer correspondence, BCP filed a motion to compel ABCI to produce further r...

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