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1875 Results

Location: San Luis Obispo x 
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2018.6.27 Demurrer, Motion to Strike 318
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.27
Excerpt: ...int (“FAC”) alleges causes of action for (1) breach of lease, (2) breach of contract, (3) breach of implied covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) declaratory relief, (6) fraud‐misrepresentation, (7) fraud‐concealment, (8) unjust enrichment, and (9) accounting. On April 4, 2018, this Court sustained Defendants' demurrer to Plaintiff's second, third, and fifth causes of action with leave to amend, and ov...
2018.6.27 Motion for OSC 130
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.27
Excerpt: ...f filed suit against Compass Holding, Inc. and Compass Health, Inc., asserting two causes of action for Elder Abuse and Negligent Hiring and Supervision. French is not named as a defendant. Evidence Code section 1158 states: Before the filing of any action or the appearance of a defendant in an action, if an attorney at law or his or her representative presents a written authorization therefor signed by an adult patient, by the guardian or conser...
2018.6.26 Motion for Summary Judgment 324
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the City in connection with Plaintiffs' development of 802 acres in the City of Atascadero (the “Project”).1 The Project, known as “Oak Ridge Estates,” includes the development of 111 residential units, a water tank parcel, and three open space lots (which total 251.66 acres). In March 1995, the City adopted Ordinance No. 286 which found the final Environmental Impact Report (“EIR”) on the Project adequate and established the Planned ...
2018.6.26 Motion for Mediation Agreement to Become Judgment 045
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...ants filed a cross‐complaint against Plaintiffs, alleging causes of action for breach of contract and negligence. At a readiness conference on January 31, 2018, the Parties represented that they settled after mediation. The Parties agreed on the record that settlement would be enforceable by motion pursuant to Code of Civil Procedure, section 664.6. Plaintiffs now petition the Court for the mediation agreement to become a judgment, and request ...
2018.6.26 Motion for Charging Orders 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...nergy, LLC and BKS Cambia, LLC with payment of the unpaid balance of the judgment entered in this action, which currently totals $3,836,883.63; and (2) directing the LLCs and all members thereof to pay any money or property due or to become due to the Judgment Debtor directly to Plaintiff until the amount remaining due on the judgment, plus accrued interest and post‐judgment costs thereon is paid in full. Judgment Debtor opposes the Motion. Thi...
2018.6.26 Demurrer, Motion to Strike 168
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...the Motorhome is uninhabitable due to mold and contamination. Plaintiff sought leave from this court to file a First Amended Complaint (“FAC”), which was granted, and the FAC was filed on January 30, 2018. The FAC alleged two causes of action: 1) Breach of Implied Warranties Pursuant to the Song‐ Beverly Consumer Warranty Act; and 2) Elder Abuse pursuant to Welfare & Institutions Code section 15610.30. The FAC further pleaded a statutory en...
2018.6.26 Demurrer 056
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.26
Excerpt: ...bt. (First Amended Complaint (“FAC”), ¶¶ 19, 21.) Plaintiff alleges she received written and telephonic communications from Defendant attempting to collect on the debt, which communications constituted a “debt collection” as that phrase is denied in the Act. (FAC, ¶ 22, citing Civ. Code, § 1788.2(b).) On August 18, 2017, Plaintiff advised Defendant in writing that she refused to pay the alleged debt, but Defendant has continued to con...
2018.6.21 Petition to Shorten Time or Suspension of Trustee 375
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.21
Excerpt: ...ntinued to June 4, 2018, before Judge Hurst. The matter was then moved to this date by Judge Hurst. The dispute involves the administration of the Edgar and Bernice Smith Revocable Trust, dated June 17, 2005 (“Edgar and Bernice Trust”)1 . Michael, the Petitioner, is a beneficiary of the Edgar and Bernice Trust. Michael's original underlying Petition, filed on October 19, 2017, claims a second trust, the Edgar L. Smith Trust (“Edgar's Trust�...
2018.6.21 Motion for Summary Judgment, Adjudication 249
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.21
Excerpt: ...., ¶ 2.) Plaintiffs' complaint alleges one cause of action for medical malpractice (wrongful death). The complaint alleges that Decedent was an 84‐year‐old patient suffering from dementia who was prescribed and dispensed Seroquel, and that his ingestion of Seroquel caused Decedent injuries and eventually, his death. (Compl., ¶ 15.) Plaintiffs specifically allege that Defendant “prescribed and dispensed” Seroquel to Decedent; that Defend...
2018.6.20 Motion to Compel 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.20
Excerpt: ...nding Petitioner and Respondent's daughter are contingent/remainder beneficiaries. Petitioner alleges that Respondent breached her fiduciary duties by not following the asset allocation formula provided for in the Trust, which is division between Marital and Family shares. The Family Share trust became irrevocable on Jerry McKibben's death. The Trust held six parcels of real property1 as well as a business known as Loyola Automotive, which Petiti...
2018.6.20 Motion for Summary Judgment, Adjudication 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.20
Excerpt: ...r in the alternative summary adjudication against Defendant, pursuant to Code of Civil Procedure section 437c. The motion and supporting papers, including a Memorandum of Costs, were served by mail on Defendant on January 31, 2018. Defendant does not oppose the motion. Plaintiff has the initial burden to make a prima facie showing that there are no triable issues of material fact and that it is entitled to judgment as a matter of law. (Code Civ. ...
2018.6.20 Motion for Preliminary Injunction 427
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.20
Excerpt: ...destrian bridge is present on the Property. (Compl., ¶ 6.) Plaintiff believes that Defendant “has illegally squatted on the Property on various occasions over the past several years.” (Compl., ¶ 7.) Plaintiff avers it has contacted its private security and law enforcement multiple times over the years to remove Defendant from the Property. (Compl., ¶¶ 10, 11.) In November 2017, Plaintiff learned that Defendant alleged an ownership interes...
2018.6.19 Demurrer 206
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...e Relief and Declaratory Relief, against the City only, pursuant to the California Constitution, article 1, subsections 2 and 3, and Civil Code sections 52.1 and 52.3 (“SAC”). The SAC set forth two causes of action: for Violation of Right to Free Speech, and for Declaratory Relief. The SAC contained a separate section for “Damages on All Causes of Action” before the prayer. The City demurred to the first cause of action in the SAC. The Co...
2018.6.19 Claim of Exemption 432
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...nings withholding order with instructions on Defendant's employer, the United States Postal Service. The Sheriff's Office filed a “Return on Attachment/Execution,” indicating “No Employer's Return Received.” The Sheriff's Office further indicates that, while it previously held $773.47 under the writ of execution, the monies were “refunded to the defendant.” As of May 1, 2018, the Los Angeles County Sheriff's Office was not holding any...
2018.6.19 OSC Re Preliminary Injunction 160
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...Robert Tevis, April Tevis, “and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to Plaintiffs' claim of ownership or any cloud upon Plaintiffs' title thereto” (“Defendants”). Plaintiffs assert one cause of action to quiet title to prescriptive easement, and request a restraining order and permanent injunction. (Compl., passim.) Plaintiffs allege they, De...
2018.6.19 Motion for Terminating Sanctions 306
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...isclosed. Parkside moves here for terminating sanctions based on Plaintiffs' failure to provide compliant discovery responses and failure to obey two Court orders compelling them to do so (“Motion”).1 Galgas joins the Motion and filed his own memorandum of points and authorities. Plaintiffs filed an untimely opposition to the Motion two court days before the hearing without leave of court or consent of counsel. On January 26, 2017, Parkside p...
2018.6.19 Motion to Dismiss, to Deem Requests for Admission Admitted 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...omplaint (“FACC”) against cross‐defendants, including the California Department of Housing and Community Development (“DHCD”). In his FACC, Wilson alleges that Wilkins gifted the mobile home to him. As to DHCD, Wilson alleges causes of action for negligent interference with a contractual relationship, intentional interference with a contractual relationship, and declaratory relief. (See FACC, pp. 15‐19.) DHCD demurred to the FACC on t...
2018.6.19 Motion to Tax Costs 107
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2018.6.19
Excerpt: ...ports of inadequate protocols and refusal to alter records in connection with the murder of a patient by another patient. (Ibid.) On January 19, 2018, Defendant filed a motion for summary judgment, which was set for hearing April 24, 2018. On March 22, 2018, Defendant filed a motion for judgment on the pleadings, also set for hearing April 24, 2018. On April 2, 2018, Plaintiff dismissed her lawsuit without prejudice. On April 11, 2018, Defendant ...
2018.6.14 Motion to Compel Discovery Responses 064
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.14
Excerpt: ...gatories, Special Interrogatories, Request for Production of Documents (“RFPs”), and Request for Statement of Damages. (Bowen Decl., Exs. A ‐ D.) Plaintiff's responses to the Request for Statement of Damages were originally due on or before October 12, 2017, and responses to the remaining discovery requests were originally due on or before October 27, 2017. After obtaining extensions from Defendants' counsel, Plaintiff served unverified res...
2018.6.14 Motion for Summary Judgment 209
Location: San Luis Obispo
Judge: LaBarbera, Barry
Hearing Date: 2018.6.14
Excerpt: ...itutional rights when he refused to accept mental health treatment from Dr. Kang‐Elliott. Dr. Kang‐Elliott is a medical doctor and part‐time psychiatrist at CMC. Mr. Sohner is a correctional officer at CMC. Defendants bring this motion for summary judgment (“MSJ”) on the ground that there are no triable issues of material fact that (1) Plaintiff has failed to timely or properly file a Government Tort Claim and, therefore, is barred from...
2018.6.13 Petition to Compel Arbitration 428
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.13
Excerpt: ... 4.) The contract contains a “Dispute Resolution” provision, providing: The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be su...
2018.6.13 Petition for Relief from Financial Obligation during Military Service 310
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.13
Excerpt: ...ng to the home station. Stark seeks to stay his payment obligations 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 servi...
2018.6.13 Motion to Expunge Lis Pendens 335
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.13
Excerpt: ... years. Petitioner claimed an equitable and/or legal ownership interest in real property held by Decedent based on express and implied agreements, as well as the co‐mingling of her assets with Decedent's, which assets were then used to acquire the properties. Petitioner requested a constructive trust to ensure the security of her remedies for her claims of breach of express and implied agreements, breach of partnership agreement, quantum meruit...
2018.6.13 Demurrer 111
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.13
Excerpt: ...merican Title Insurance Company and First American Trustee Servicing Solutions, LLC (collectively “First American”). The action arises out of a public foreclosure auction for property located in San Luis Obispo under a power of sale contained within a deed of trust, at which Plaintiff was the winning bidder. The day after the sale, First American declared the sale invalid and returned Plaintiff's payment. First American demurs here to the com...
2018.6.13 Demurrer
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2018.6.13
Excerpt: ...ory penalties of $3,600 per Civil Code section 1950.5, et seq. “for retention of deposit in bad faith1 ,” and “damages...for financial abuse of an elder.” (Compl., ¶ 10.) Plaintiff indicates that her damages are greater than $10,000 but less than $25,000, classifying the action as limited civil. Plaintiff alleges that she is, and has been at all relevant times, over 65 years old; that she entered into a contract (“the Lease Agreement�...

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