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1875 Results

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2018.7.18 Demurrer 235
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.18
Excerpt: ...perty”). (Compl., ¶ 7.) The Premier Defendants1 allegedly acted as dual agents for Mr. Gunther, the seller of the Subject Property, and Plaintiff, the buyer. (Compl., ¶ 8.) Plaintiff alleges that on or about April 25, 2017, “defendants, falsely and fraudulently represented to Plaintiff that the property was in a condition to be developed and built upon, and that Plaintiff could build a house on the property as was his purpose...” (Compl.,...
2018.7.17 Motion to Compel Further Responses, for Sanctions 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...urt (Case No. NC053600). This action is an attempt to enforce that judgment, by setting aside a transfer of real property in Colorado under the Uniform Voidable Transactions Act (Civ. Code, § 3439, et seq.). On August 28, 2017, Plaintiffs propounded a first set of Special Interrogatories and Requests for Production on Matthew. After much back and forth regarding service of the discovery, Bryan filed a motion to compel Matthew to respond to the f...
2018.7.17 Motion for Judgment on the Pleadings 175
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...e Court notes there is no declaration confirming Capital One satisfied the meet and confer requirement set forth in Code of Civil Procedure section 439(a). The Court directs the parties to participate in a meaningful meet and confer prior to 11:00 a.m. on Monday, July 16, 2018. Capital One is then to submit a declaration confirming the meet and confer and the results thereof by 1:30 p.m. that same day. The tentative ruling will be posted followin...
2018.7.17 Motion to Quash Service of Summons 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.17
Excerpt: ...possesses certain real property located at Nacimiento Reservoir subject to a grazing lease, which it used for the raising of livestock (the “Subject Property”). (Compl., ¶ 3.) Plaintiff alleges Batdorf owns real property adjacent to the Subject Property, identified as Assessor's Parcel No. 014‐011‐009 (the “Batdorf Property”). (Compl., ¶ 6.) The complaint alleges that, on or about August 13, 2016, Atkins was “acting within the cou...
2018.7.11 Petition to Compel Arbitration 291
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ... 2016. Petitioner alleges he was covered by bodily injury liability insurance policies containing uninsured/underinsured motorist coverage that were applicable on February 4, 2015 (policy number BA 8646989), and January 26, 2016 (policy number BAA (16) 56 47 56 16). (See Exhs. 1, 2, to Declaration of Don A. Ernst (“Ernst Decl.”.) On June 28, 2017, Petitioner sent a letter demanding arbitration under the uninsured and underinsured motorist pro...
2018.7.11 Motion to Vacate Dismissal 196
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...vit of fault. Section 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Counsel provides a declaration confirming that he failed to appear at the OSC because due to his mistake, inadvertence and surprise he was not aware of the hearing. Relief from the judgmen...
2018.7.11 Motion to Set Aside Dismissal 053
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...ion 473 relief applies to dismissals if it results from counsel's failure to appear, which is comparable to the entry of a default against a defendant that fails to appear. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal.App.4th 603, 619.) Relief from the judgment of dismissal is mandatory when there is an attorney affidavit of fault and the motion is brought within six months of the dismissal. (Code Civ. Proc., § 473(b).) Here, the motion w...
2018.7.11 Motion to Require Undertaking 548
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...urther requests that Defendants provide additional support for the amount of the requested undertaking. Parties should come prepared to discuss dates for the continued hearing. ...
2018.7.11 Motion to Quash, for Protective Order 331
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...ility, and Mrs. McAvoy asserts a claim for loss of consortium. (Compl., passim.) Plaintiffs contend that on December 3, 2013, while using a rung ladder between dock doors six and seven at a FedEx facility at 250 Bonetti Drive in San Luis Obispo, Mr. McAvoy slipped from the ladder and fell, suffering severe personal injuries. Plaintiffs contend that the placement of an electrical conduit near the rung ladder created a slipping hazard, leading to M...
2018.7.11 Motion to Deem Requests for Admission Admitted, for Sanctions 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...endant Tamara A. McGinty (“RFAs”). As of the date of filing the Motion, Plaintiff had not received any responses from McGinty. Plaintiff moves here to have the RFAs deemed admitted. On July 3, 2018, Plaintiff filed an Amended Notice of Non‐Opposition to Motion to Deem Request for Admissions Admitted and for Monetary Sanctions. In the Amended Notice, Plaintiff stated that subsequent to filing the Motion, McGinty served responses to the RFAs,...
2018.7.11 Demurrer, Motion to Strike 550
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.7.11
Excerpt: ...es utilized a corporation, previously formed by Dennis, called Sanctuary 805, Inc. (“Sanctuary” or the “Corporation”). Sanctuary acquired all of the assets of Shell Café and, in exchange, the Brunettis received 75% of the Corporation's shares of stock and the Balsamos received 25% of the stock shares. The parties agreed to a three‐person Board of Directors (“Board”), but only selected two initial Board members, Charles and Dennis. ...
2018.7.10 Motion for Leave to File Complaint 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...independent retail service stations, joined in this action to allege that each of them entered into their respective contracts with Defendant Eagle Energy, Inc. (“Eagle”) and Linda Schultze (“Ms. Schultze”) for the exclusive supply of gasoline products for a ten‐year term. According to the second amended complaint (“SAC”), the Parties agreed that pricing would be accomplished according to the industry “Dealer Tank Wagon Pricing”...
2018.7.10 Claim of Exemption 300
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...wage garnishment. Defendant has filed a claim of exemption in which he reports a net monthly income of $3,648.82;1 and expenses of $3,595 (a difference of $53.82). The Sacramento County Sheriff's Office reports that as of May 25, 2018, it was not holding any funds. In addition to Defendant's claim of exemption, the Employer's Return states there are two other earnings withholding orders currently in effect. One of which was received on May 17, 20...
2018.7.10 Motion to Dismiss, to Strike PAGA Claim 369
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...rivate Attorneys General Act (“PAGA”; Lab. Code, § 2698, et seq.). Plaintiff has since dismissed all of her individual causes of action, and only the PAGA claim remains. On November 27, 2017, Sierra Vista filed a petition to compel arbitration, which this Court denied in an order dated February 28, 2018 (“Order”). Notice of Entry of the Order was entered on April 27, 2018. On June 26, 2018, Plaintiff filed a Notice of Appeal of the Order...
2018.7.10 Motion to Compel Responses 202
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...y the LLC and constructed by the Corporation. On February 27, 2018, Plaintiff served (a) special interrogatories (Set One); (b) form interrogatories (Set One); and (3) requests for production of documents (Set Two) on the LLC. That same day, Plaintiff served (a) special interrogatories (Set One); and (b) requests for production of documents (Set Two) on the Corporation. Responses were due on April 3, 2018. Plaintiff's counsel followed up with def...
2018.7.10 Motion to Stay 054
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.7.10
Excerpt: ...h Carolina. (See also 50 U.S.C. Appen. § 522(b).)2 Under that section, upon application by the service member, the Court must stay the action, “unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.” Christopher enlisted in the United States Army Reserve on August 30, 2017, and will serve thre...
2018.6.28 Petition for Approval of Transfer of Structured Settlement Payment Rights 287
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ...nteed future payments since May 2016. On May 26, 2016, the Court approved a transfer of $50,000 in a future payment due on July 15, 2020. On September 15, 2016, the Court approved a transfer of $50,000 of a July 12, 2020 payment. On January 12, 2017, the Court approved the transfer of $81,720.88 from a July 12, 2025 payment. On April 13, 2017, Payee transferred $25,013.96 from the July 12, 2020 payment and $78,011.23 from the July 12, 2025 paymen...
2018.6.28 Motion to Bifurcate 377
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ...staurant, Yanagi Sushi & Grill on James Way in Pismo Beach (“Yanagi”). On April 24, 2017, default was entered against C‐JDR. On May 26, 2017, Plaintiff amended her complaint to add JE&E, Inc. (“JE&E”) as a defendant under a successor liability theory. Plaintiff had moved for leave to amend after Yanagi was sold to JE&E, and after Plaintiff purportedly learned that C‐JDR's CEO, Kyong Jeong, left the country prior to trial. JE&E moves h...
2018.6.28 Motion for Summary Judgment, Adjudication 651
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ...pervising Environmental Health Specialist with the CUPA. (LaBarre Decl., ¶ 2.) Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (“EHS”), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST. (Faulkner Decl., ¶ 2.) Beginning in 2006, EHS employees observed a series of violations at facilities (...
2018.6.28 Motion for Mediation Agreement to Become Judgment 149
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ...weeks. Plaintiffs have yet to file a proof of service of Summons via publication. (See Code Civ. Proc., § 415.50(c); Gov. Code, § 6064 [service completed on the 28th day following the first day of publication].) Now, before the Court is Plaintiffs' “Petition (Motion) for Mediation Agreement to Become a Judgment, Court to Retain Jurisdiction Under CCP § 664.6” (“the Motion”). In their Motion, Plaintiffs aver that they mediated a dispute...
2018.6.28 Motion for Judgment on the Pleadings 496
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ...Tom Diaz, about a possible job opportunity as a mechanic. After the initial interview, Plaintiff spoke with Diaz by phone, in early August 2016, and informed Diaz that he would need to make at least $90,000 a year (or $7,500 a month) in order for a move to California to be financially viable due to the higher costs of living. Plaintiff alleges Diaz responded that (a) he had already “got approval for [a] $30 ‘flat hourly rate', (or $30 an hour...
2018.6.28 Motion for Attorney's Fees 067
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.28
Excerpt: ... attorney, Sig Haddad, as well as a copy of the lease containing the attorney's fees provision and invoices from her counsel. No opposition has been filed by Defendant Leanne M. Rozier (“Rozier”) The proof of service for the motion shows that it was timely served by mail on Rozier. However, the Court has no evidence in its file that the address to which the motion was mailed is a correct address for Rozier. The Court understands that Rozier p...
2018.6.27 Petition to Compel Arbitration 253
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.27
Excerpt: ...y injury liability insurance policy with uninsured/underinsured motorist coverage. In her Petition, Petitioner alleges she was in an automobile accident on August 29, 2015 with an underinsured motorist. Petitioner thereafter filed a claim for underinsured motorist benefits pursuant to her policy with Respondent. Petitioner alleges that the Parties have been unable to agree upon a neutral arbitrator. (Petition, p. 2, ll. 23‐24.) Petitioner reque...
2018.6.27 Petition for Relief from Financial Obligations during Military Service 350
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.27
Excerpt: ...2017. Romero consequently seeks to stay his mortgage payments, pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for service of...
2018.6.27 Motion for Summary, Adjudication 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.27
Excerpt: ... attempted to take Mayer's locked ammunition box from Mayer's possession. Mayer further alleges that the employee attempted to wrest the box from his control, causing Mayer to fall to the ground, and to sustain physical and mental injuries. Defendant moves here for summary judgment on the complaint, or in the alternative, summary adjudication. Mayer opposes the motion. As the moving party, Defendant has the initial burden to make a prima facie sh...

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