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2022.01.11 Motion to Compel Further Responses, for Sanctions 325
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.01.11
Excerpt: ... and Debora Chase Revocable Living Trust dated February 2, 2006's motion to compel Ryan Petetit a.k.a. Ryan Wright (Wright)'s further response to form interrogatory no. 15.1, and request for monetary sanctions in the amount of $3,000 against Wright and his attorneys. On January 20, 2020, Plaintiffs propounded form interrogatories, set one, on Wright. On or around March 10, 2020, Wright served responses to the interrogatories, including to interro...
2022.01.11 Motion for Relief from Jury Waiver 302
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.01.11
Excerpt: ...unitive damages. This case has not been set for trial. Neither party has posted jury fees. Plaintiffs allege that, in May 2013, they hired Defendant Handy Home to perform repairs to and around their home. Plaintiffs further allege that Handy Home's employee, Owens, secretly filmed and photographed Tanya1 with the intent of transferring, storing, and keeping the images “for his own inappropriate personal use.” Plaintiffs allege that in Novembe...
2022.01.11 Demurrer, Motion to Strike 196
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.01.11
Excerpt: ...mplaint sets forth three causes of action: (1) general negligence against chief Jerel Haley; (2) general negligence against detective Nick Coughlin; and (3) intentional tort against detective Nick Coughlin. The complaint also seeks punitive damages. Currently before the Court is the City of Atascadero's (the City) demurrer and motion to strike.1 For the reasons set forth below, the demurrer is sustained with leave to amend; and the motion to stri...
2022.01.06 Demurrer 211
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.01.06
Excerpt: ... on June 16, 2021. Now before the Court is Plaintiffs' demurrer to Defendants' answer. Discussion Plaintiff demurs to 21 of the 25 affirmative defenses asserted by Defendants. Plaintiff argues that several of the affirmative defenses lack factual support; that the answer improperly alleges denials in the form of affirmative defenses; that the affirmative defenses are duplicative and uncertain; and that Defendants' reservation of additional affirm...
2022.01.05 Petition for Writ of Mandate 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ..., 2020, termination from employment. (AR 34, 38.) Petitioner requests that he be reinstated to his position with the Department with back pay and benefits from the date of his termination. The October 23, 2019, Incident. On October 23, 2019, Petitioner was present at a training class at the Department's Honor Farm. Prior to classroom instruction, Petitioner walked by a female employee named Brooke Jordan, whom he knew from her work as a psychiatr...
2022.01.05 Motion to Compel Second Inspection 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ...or Inspection of Real Property, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the s...
2022.01.05 Motion to Compel Further Responses 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ...and as trustee of the Trust. Petitioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are two motions to compel filed by Petitioners: 1. Motion to compel Kim Kunz's further responses to Petitioners' special interrogatories (set one) ...
2022.01.05 Demurrer 275
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.01.05
Excerpt: ... (CCP § 1094.5), and/or writ of traditional mandate (CCP § 1085) on May 11, 2021. The action is filed against the California Department of Parks and Recreation (“State Parks”), County of San Luis Obispo (the “County”), California Department of General Services (“DGS”), State of California (the “State”), San Luis Obispo County Air Pollution Control District (the “APCD”), the APCD Board of Directors, the APCD Hearing Board, an...
2021.12.23 Motion to Strike Punitive Damages 301
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.23
Excerpt: ...t to Code of Civil Procedure section 436 and 436 to strike Plaintiff's punitive damages claims from the complaint. (Notice of Motion, 1:26‐2:21.) Plaintiff opposes the motion. Legal Standard Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...
2021.12.23 Demurrer, Motion to Strike 656
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.23
Excerpt: ...defamation – false light; and (3) intentional infliction of emotional distress (“IIED”). The dispute arises out of statements which Hale made about Plaintiff to the San Luis Obispo Police Department (the “SLO‐PD”) in July 2019, and on Facebook. Currently, on calendar is Hale's demurrer and motion to strike pursuant to Code of Civil Procedure sections 430.10 and 435, respectively.1 For the reasons set forth below, the demurrer is overr...
2021.12.21 Motion to Compel Deposition of PMK, for Monetary Sanctions 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ...ight aka Ryan Petetit; PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. N...
2021.12.21 Motion for Preliminary Injunction 570
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ... causes of action for (1) quiet title, (2) quiet title to easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. This is a neighbor dispute. The Mullaney Plaintiffs are alleged to own real property located at 2866 Corte de Mayo in Arroyo Grande (the Mullaney Property). (Compl., ¶ 7.) The Hamilton Plaintiffs are alleged to own real property located at 504 Mesa View Drive in Arroyo ...
2021.12.21 Motion for Preliminary Injunction 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.12.21
Excerpt: ... is the owner of 1650 Buggy Whip Lane in Paso Robles, California (the “Property”) and is a member of the HROA. Plaintiff alleges that Jefferson constructed a twenty‐five foot fence on the Property (the “Fence”) without approval from the HROA and in violation of the HROA's Declaration of Covenants, Conditions, and Restrictions, recorded in the Official Records of the County of San Luis Obispo on May 25, 1972, as Document No. 16590 and su...
2021.12.16 Demurrer 576
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ...The FAC alleges RRM “designed and/or manufactured and/or inspected and/or installed the Subject Slide.” (FAC, ¶ 3.) RRM is named as a defendant in the first (negligence), second (strict products liability), and fifth (loss of consortium) causes of action. Currently on calendar is RRM's demurrer to all three causes of action on the ground that Plaintiffs failed to attach a certificate of merit as required by Code of Civil Procedure section 41...
2021.12.16 Motion to Compel Production of Docs 626
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ..., a common interest development, located in San Luis Obispo. The individual Defendants are members of the EHHOA board. On July 6, 2021, EHHOA filed a First Amended Cross‐Complaint against Plaintiffs. Daniel DeGroot (“DeGroot”) moves for an order compelling Joseph Seither and Bruce Neuschwander (collectively “Defendants”) to provide a supplemental production of documents to DeGroot's Request for Production of Documents, Set No. One, Nos....
2021.12.16 Motion for New Trial of Appellate Ruling 559
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ... October 9, 2020, judgment was entered in favor of Plaintiff. Defendant appealed the judgment. On January 4, 2021, the Court conducted a trial de novo and issued a written ruling. Judgment was entered in favor of Plaintiff. Notice of entry of judgment was served by the Court on the parties on January 5, 2021. In its January 4, 2021, order, the Court ruled: “The law in California permits a tenant to sublease property unless the lease between the...
2021.12.16 Motion for Protective Order 249
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.16
Excerpt: ... 2021, Plaintiff dismissed BANA from the action without prejudice. Currently before the Court is BANA's motion for protective order, filed on July 20, 2021, by BANA in its capacity as a real party in interest. The motion concerns a subpoena served by Plaintiff requesting video surveillance footage of the April 10, 2021, incident that is at issue in this lawsuit. BANA contends the video footage includes scenes of three bank employees using bank co...
2021.12.15 Motion to Strike TAC, PAGA Claim, Demurrer to TAC 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...); Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plaintiffs seek penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). On July 29, 2020, th...
2021.12.15 Motion to Augment, Correct Record, Petition for Writ of Mandate 402
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...e CCC's Executive Director John (Jack) Ainsworth (“Ainsworth”), and the California Department of Parks and Recreation (“State Parks”).1 Friends seeks a writ challenging the CCC's approval of an amendment (Coastal Development Permit (“CDP”) Amendment No. 3‐12‐050‐A1) to a coastal development permit (CDP No. 3‐ 12.050) expanding the dust control program at Oceano Dunes State Vehicular Recreation Area (the “Dunes” or the “S...
2021.12.15 Motion for Terminating Sanctions 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... Now before the Court is Defendants' motion for terminating sanctions against Humberto Avelar based on his failure to participate in this lawsuit, including failing to appear for his deposition. Defendants request this Court issue terminating sanctions and dismiss Avelar's claims in their entirety, with prejudice. The Court has the authority to issue terminating sanctions in the form of a dismissal of the action for a party's misuse of the discov...
2021.12.15 Motion for OSC Re Contempt 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ... scheduled to take place on May 2, 2019. Respondent's then counsel objected to the Deposition Subpoenas on Jennifer's behalf.1 No documents were produced in response to the Deposition Subpoena and Jennifer did not appear for her deposition. In October 2019, Petitioner followed up with a motion to compel and request for sanctions, which the Court granted in part on January 15, 2020. The Court directed Jennifer to appear for her deposition, but fou...
2021.12.15 Motion for Final Approval of Class Action Settlement 146
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.15
Excerpt: ...artments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Business and Professi...
2021.12.09 Petition to Permit Entry on Property 323
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.09
Excerpt: ...d evidentiary hearing, as discussed below. The “Particular Use” Requirement Section 1245.010 provides that “any person authorized to acquire property for a particular use by eminent domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use.” The County has th...
2021.12.08 Demurrer, Petitions to Confirm Arbitration Award and Enter Judgment, to Vacate Arbitration Award 205
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...erro and Corentec to resolve a dispute pending before the American Arbitration Association (AAA).” (Cmp., ¶ 1.) Dr. Ferro alleges that he accepted a settlement offer, that Corentec contends the offer had been revoked, and that Corentec thereafter refused to comply with the agreement's terms. (Cmp., ¶ 2.) The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Fer...
2021.12.08 Motion to Compel Second Inspection 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...rty, Set One, seeking to inspect and photograph the estate's real property which is to be sold as part of settling the estate. That inspection was conducted by agreement in two phases. The first phase, on March 2, 2021, covered the modular home parcel, the undeveloped parcel, and the exterior of the main house. The second phase occurred on June 4, 2021, and covered the interior of the main house. Natali claims that the second part of the first in...
2021.12.08 Motion to Compel Further Responses, for Sanctions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...w before the Court is Brown's motion to compel Plaintiff's further responses to requests for production of documents, set 4, nos. 48, 50, 62, and 63, and for sanctions in the amount of $2,707.50. The timing of the events associated with this motion are important. The Court lays out the following timeline: On February 5, 2021, Plaintiff served responses to the subject requests for production (RFPs). (Coffin decl., Ex B.) After meet and confer effo...
2021.12.08 Motions to Compel Further Responses 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.08
Excerpt: ...oners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. Now before the Court are three motions to compel filed by Petitioners: (1) Motion to compel Respondent Carolyn Dougherty's further responses to form interrogatories and for sanctions in the amount of $2,...
2021.12.02 Motion to Strike Punitive Damages 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...�Lot 28”), which shares a common boundary with real property owned by the Apodacas. The complaint alleges that Anderson acted as the Apodacas' agent to list and sell their property, and during her efforts to do so, made false statements regarding Plaintiff and Plaintiff's property. In particular, Anderson asserted that the Apodacas have reversionary rights to Lot 28 and that the lot is a “non‐buildable abandoned easement.” The complaint f...
2021.12.02 Motion for Summary Adjudication 663
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...ught a motion to transfer venue, or in the alternative, compel arbitration. The Court denied the motion to transfer venue and granted the motion to compel arbitration as to all claims except for the PAGA cause of action. Following that order, Plaintiff dismissed all of her individual claims and filed a Second Amended Complaint, alleging a single cause of action under PAGA (the “SAC”). VSS now moves for summary adjudication of four claims with...
2021.12.02 Motion for Entry of Judgment Under Terms of Stipulated Settlement 539
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.12.02
Excerpt: ...ties jointly requested that the Court retain jurisdiction under Code of Civil Procedure, section 664.6, along with a Notice of Conditional Settlement. (Ex. A.) On June 3, 2020, the Court entered an order dismissing the action under conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6. The Court ordered that judgment be entered upon the application of Plaintiff, pursuant to the stipulation,...
2021.12.01 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.12.01
Excerpt: ...int (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statemen...
2021.11.30 Motion for Entry of Judgment Under Terms of Stipulated Settlement 423
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.30
Excerpt: ...ies. Pursuant to the settlement agreement, the Court is to retain jurisdiction under Code of Civil Procedure section 664.61 . The settlement agreement provides that the parties agree that $3,529.82 plus court costs is the accurate amount Defendant owes Plaintiff; and that Defendant agrees to pay Plaintiff a minimum of $50.00 on or before the 19th day of each month beginning June 2017, followed by a minimum of $100.00 on or before the 19 th day of...
2021.11.24 Motion for Final Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...aint (“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs FAC alleges that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statement...
2021.11.24 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...
2021.11.24 Demurrer 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...
2021.11.18 Motion for New Trial 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...buted $1,300,000 to economic damages and $12,500,000 to noneconomic damages); and (2) Rachel, Sarah, and Steven Fear (the “Fears”) damages of $7,000,00, all of which was attributed to noneconomic damages. With respect to liability, the jury found (1) the City of Exeter to be 83.5% at fault (split between its employees Brett Inglehart at 42% and Clifton Bush at 41.5%); (2) Alex Geiger to be 16.5% at fault; and (3) Christopher and Monica Belavi...
2021.11.18 Motion to Tax Costs 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...ears”). On September 30, 2021, Long and the Fears submitted memoranda of costs. Currently on calendar is the City of Exeter, Clifton Bush, and Brett Inglehart's (collectively, the “City”) motions to tax costs. 1. The City's Motion to Tax the Fears' Requested Costs The Fears memorandum of costs sets forth costs of $49,179, which includes $22,081 in court reporter fees. (Code Civ. Proc., § 1033.5(a)(11).)1 The City takes issue with the amoun...
2021.11.17 Motion for Judgment on the Pleadings 577
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...
2021.11.17 Motion to Expunge Lis Pendens 300
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...ust originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares with t...
2021.11.10 Motion to Vacate Dismissal 464
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...
2021.11.10 Motion to Compel Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...
2021.11.10 Demurrer, Special Motion to Strike, for Specified Discovery, for Appointment of Free Counsel 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, 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. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...
2021.11.09 Motion to Compel Further Responses 078
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...
2021.11.09 Motion for Judgment on the Pleadings or to Strike 108
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ed, (3) breach of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages ...
2021.11.09 Demurrer, Motion to Strike 056
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...
2021.11.04 Demurrer 433
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.04
Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [Citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 C...
2021.11.03 Motion for Leave to File Amended Complaint 221
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...
2021.11.03 Application for Right to Attach Order 288
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...
2021.11.03 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...
2021.11.03 Motion for Summary Judgment, Adjudication 641
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...
2021.11.03 Motions to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...
2021.11.02 Motion to Compel Deposition, for Monetary Sanctions, to Quash Business Records, for Protective Order 325
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.02
Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...
2021.10.28 Motion to Quash 031
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...
2021.10.28 Motion to Compel Release of Psychiatric Treatment Records 254
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...
2021.10.28 Demurrer 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems 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 Dece...
2021.10.27 Motion for Terminating Sanctions 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...
2021.10.27 Motion for Summary Judgment, Adjudication 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...
2021.10.27 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...
2021.10.27 Motion for Judgment on the Pleadings 160
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...worth, in his official capacity as Interim Executive Director of the Commission (the “Executive Director”), California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District and its Board of Directors (the “District”). Petitioner's petition challenges an emergency coastal development permit issued on March 11, 2016 (the “2016 ECDP”), and the underl...
2021.10.27 Motion for Judgment on the Pleadings 124
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...or shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter.” (Id. at subd. (a).) Violators are subject to a civil penalty of $500. (Id. at subd. (i).) At the time of its enactment, the statut...
2021.10.27 Motion for Final Approval of Class Action Settlement 543
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ... General Act (“PAGA”). Plaintiffs and Defendants settled, and Plaintiffs moved for preliminary approval of the class action settlement. (Cal. Rules of Court, rule 3.769.) The motion was not opposed, and the Court granted preliminary approval. The Court's June 2, 2021, order granting preliminary approval set a hearing for final approval of the settlement on October 27, 2021. Per that order, notice packets were to be sent to class members by Ju...
2021.10.26 Motion for Judgment on the Pleadings 301
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.26
Excerpt: ...quests for admissions, set one (the RFAs), based on Defendant's failure to respond to Plaintiff's RFAs. Now before the Court is Plaintiff's motion for judgment on the pleadings. The Court is not in receipt of an opposition; a proof of service is on file. A plaintiff may move for judgment on the pleadings where the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts ...
2021.10.26 Motion to Change Venue 403
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.26
Excerpt: ...is Defendant's motion to transfer venue to the Napa County Superior Court. Defendant moves pursuant to Code of Civil Procedure section 397(a), i.e., that the court designated in the complaint is not the proper court. 1 Plaintiff opposes the motion. For the first time in his initial reply, submitted on July 29, 2021, Defendant argued that the matter should be transferred under section 397(c), i.e., convenience of witnesses and ends of justice. At ...
2021.10.21 Motion to Strike 656
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.21
Excerpt: ...onald made about Plaintiff in May and June 2019 to the San Luis Obispo Police Department (the “SLO‐PD”), in connection with a pending criminal investigation and at a preliminary hearing in the resultant judicial proceeding (Case No 19F‐05075). Currently, on calendar is MacDonald's motion to strike pursuant to Code of Civil Procedure section 425.16,1 also known as the Anti‐SLAPP statute. For the reasons set forth below, the motion is gra...
2021.10.21 Motion to Set Aside Notice of Settlement and Restore Case 902
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.21
Excerpt: ...ng the matter dismissed on May 13, 2020, absent a motion to vacate the order by counsel prior to that date. No motion to vacate was filed prior to that date. On June 16, 2021, Plaintiff filed a Motion to Set Aside Notice of Settlement and Restore Case to Active Docket. The motion was served on Defendant but no opposition was filed. Plaintiff seeks to set aside the Notice of Settlement and enter default against Defendant. Plaintiff contends that D...
2021.10.21 Motion for Order of Possession 309
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.21
Excerpt: ...tions of the Property for a 60‐ month temporary construction easement (the Construction Easement) of approximately 2,910 square feet, or 0.06737 of an acre, for the construction of the Santa Margarita Creek Bridge on El Camino Real Project (the Project). (Compl., ¶ 3.) The County alleges that, prior to filing the instant lawsuit, and providing notice pursuant to Code of Civil Procedure1 section 1245.235, the County Board of Supervisors by a vo...
2021.10.19 Motion to Impress Workers Compensation Lien, to File Complaint in Intervention 321
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.19
Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...
2021.10.19 Motion to Compel Further Responses 325
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.19
Excerpt: ...LC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The TAC asserts thirteen causes of action against the various Defendants. Now before the Court is Plaintiff's motion to compel Wright's f...
2021.10.19 Motion for Summary Judgment 182
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.19
Excerpt: ...rthur Trinidade (“Trinidade”), was rear ended by a vehicle driven David Hacker, from the California Department of Fish and Wildlife. After this action was filed, the County accepted Plaintiff's workers compensation claim. Subsequently, Plaintiff dismissed the County and Trinidade from the action. The County filed a workers compensation lien claim on February 13, 2019, which it amended twice. (Hughes Decl., Exhs. 4‐6.) After mediation, Plain...
2021.10.07 Request for Sanctions 234
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.07
Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...
2021.10.07 Motion to Expunge Lis Pendens 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.07
Excerpt: ... deceit (against both Defendants). On February 24, 2021, Plaintiffs filed a “notice of pending action” with the County Recorder's office, indicating this lawsuit had been filed, which lawsuit affects title to and the right to possession of real property located at 1475 New Cuyama Highway in San Luis Obispo County (the Cuyama Highway Property). Plaintiffs filed another “notice of pending action” on February 23, 2021, again relating to the ...
2021.10.07 Motion for Entry of Judgment 550
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.07
Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...
2021.10.07 Demurrer, Motion to Strike 047
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.07
Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...
2021.10.06 Motion for Judgment on the Pleadings 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ... Koontz (also a broker) worked for Cambria. After this Court's ruling on Defendants' motion for summary judgment/adjudication, the Court granted Plaintiff leave to file a second amended complaint (SAC). The SAC pleads causes of action for (1) breach of fiduciary duty, and (2) negligence. Now before the Court is Defendants' motion for judgment on the pleadings. Legal Authority. A defendant may move for judgment on the pleadings where the complaint...
2021.10.06 Demurrer 002
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...apacity to execute the First Amendment, dated November 7, 2018. The petition is brought under Probate Code sections 850 and 17200. Currently on calendar is Clark's demurrer, which argues (1) venue is improper, and (2) the fourth cause of action is barred under Code of Civil Procedure section 366.2. For the reasons set forth below, the demurrer is overruled. (1) Venue Probate Code section 17005(a)(1) provides that venue is proper in “the county ...
2021.10.06 Motion to Compel Further Responses 268
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...nancial fraud; (6) conversion; (7) misappropriation of trade secrets, unjust enrichment; (8) false imprisonment; and (9) intentional infliction of emotional distress. Plaintiff's complaint alleges he is a resident at Ocean View Manor apartments in Morro Bay. (Compl., ¶¶ 1, 10.) Plaintiff's lawsuit relates to Defendants' installation of WiFi at the Property, which Plaintiff alleges has caused him to suffer injuries. (Compl., ¶¶ 5, 46, 129.) Th...
2021.10.06 Motion for Summary Judgment 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...e action as to her. Defendant moves on the ground that there is no triable issue of fact that: 1) Defendant did not hire either Plaintiff; 2) Defendant, as the Vice President, did not have authority to determine the rate of pay of either Plaintiff and did not do so; 3) Defendant did not have the authority to pay either Plaintiff and did not do so; 4) Defendant, as Vice President of J&H Enterprises, Inc., did not have the authority to determine th...
2021.10.06 Motion to Consolidate 030
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...riminal threats); and (3) violation of Penal Code section 134 (fraudulent writing). The complaint alleges that the San Luis Obispo County District Attorney's office filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agen...
2021.10.06 Motion for Summary Judgment, Adjudication 649
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.06
Excerpt: ...e alternative, summary adjudication. The motion was served on counsel for Defendant. No opposition is on file. The Court grants Plaintiff's Request for Judicial Notice. 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. Proc. §437c(c); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Plaintiff has the bur...
2021.10.05 Motion to Strike 109
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.05
Excerpt: ... causes of action for negligence and negligence per se and also seeks punitive damages. Currently on calendar is Laura's motion to strike Plaintiffs' claim for punitive damages (Cmp., ¶¶ 41‐52, p. 10, l. 12). Plaintiffs oppose the motion. For the reasons set forth below, the motion is granted. Code of Civil Procedure section 436 permits a court to strike: (1) “any irrelevant, false, or improper matter inserted in any pleading”; and (2) �...
2021.10.05 Motion to Compel Further Responses, for Sanctions 015
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.05
Excerpt: ...f flooding to her property which she alleges was caused by the storm drain system adjacent to and near her property. Defendant City contends that the flooding was caused by the condition of Plaintiff's yard and changes she made to it. Now before the Court is Plaintiff's motion to compel the City to provide a further response to request for admissions, and request for monetary sanctions in the amount of $2,975. The City opposes the motion. There i...
2021.10.05 Motion to Compel Further Responses 255
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.05
Excerpt: ...ly owned property1 adjacent to a property owned by Defendants, and that from the beginning of Plaintiff's ownership, before May 21, 2012, his property used a sewer line that crosses on Defendants' property. (Compl., ¶¶ 6, 7, 10, 11.) Plaintiff alleges that in 2019, he discovered that despite the use of the sewer continuously before 2010, no formal grant of easement has been recorded in favor of the property. Plaintiff alleges that he has approa...
2021.10.05 Demurrer 127
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.10.05
Excerpt: ... Robles. The three properties at issue are: (1) 14615 Chimney Rock Road (APN: 080‐055‐015); (2) 15750 Natoma Pass Road (APN: 080‐171‐001); and (3) 3975 Natoma Pass Road (APN: 080‐071‐002). The complaint alleges the deeds were recorded on June 5, 2018, and identify Daniel as the grantor purporting to grant title to Arriela;1 and that Defendants have listed the Chimney Rock property for sale. Plaintiff states he did not discover the for...
2021.09.30 Request for Sanctions 234
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...
2021.09.30 Motion for Terminating and Monetary Sanctions 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ...implants and restorative dentistry.” (Comp., ¶¶ 6, 10.) On April 15, 2021, the Court granted Dr. Phillips' (1) motions to compel responses to form interrogatories (set two) and requests for production (set five); and (2) motion to deem requests for admission (set two) admitted. The Court also granted discovery sanctions in the amount of $1,300. Plaintiff was ordered to provide her discovery responses and pay the sanctions by May 7, 2021. The ...
2021.09.30 Motion for Entry of Judgment 550
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...
2021.09.30 Demurrer, Motion to Strike 047
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...
2021.09.29 Motion for New Trial 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...tnership (the Limited Partnership); and other Defendants who are no longer a party to the lawsuit. Intervening Plaintiff Daniel Eddleman joined the lawsuit shortly before trial. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision. Plaintiffs now move for a new trial under Code of Civil Procedure section 657. Intervening Plaintiff Daniel Eddleman has filed a notice of joinder to the motion. A ...
2021.09.29 Motion for Clarification and Reconsideration 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...�). The parties agreed that the Court would decide certain preliminary issues in Phase I of the trial, on the papers and after oral argument, which occurred on March 18, 2021. Thereafter, the parties filed final briefing and the matter was deemed submitted on March 30, 2021. On May 17, 2021, the Court issued its Ruling on Phase I of the Trial, which addressed eleven separate issues. Ten days later, Karen Tallent (“Respondent”) filed a Motion ...
2021.09.29 Motion to Compel, to Quash, for Protective Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production 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. On October 8, 2019, Ben...
2021.09.29 Motion for Preference 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...buse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) negligence; (7) negligent infliction of emotional distress; (8) intentional infliction of emotional distress; (9) professional negligence by an attorney; (10) breach of fiduciary duty; (11) breach of fiduciary trust duty; (12) conspiracy; and (13) declaratory relief. Now before the Court is Plaintiff's motion for tri...
2021.09.29 Motion to Compel Amended Responses, Further Production of Docs 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Currently on calendar is Garden Street's motion to compel amended responses to requests for...
2021.09.29 Motion to Consolidate 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...d 2/27/01, and Marco Specchierla (collectively “Defendants”) on December 31, 2020, 20CV‐0689 (the “Cziraki Action”). The Czirakis filed a First Amended Complaint on March 22, 2021. The Czirakis own and reside on property abutting Defendants' property. (Cziraki First Amended Compliant (“Cziraki FAC.”), ¶¶ 5‐6, 10‐11.) The Cziraki property is accessible only by way of a recorded private access easement across Defendants' propert...
2021.09.28 Motion to Continue Trial 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...2017. Plaintiff then filed a first amended complaint on July 20, 2017. On March 1, 2021, this Court (Hon. Linda D. Hurst, presiding) granted Plaintiff's motion for leave to file a second amended complaint, now the operative pleading in the case. The Court also granted a trial continuance from April 6, 2021, to December 7, 2021. Now before the Court is Defendant's motion to continue the December 7, 2021, trial date. As outlined in its motion, Defe...
2021.09.28 Motion to Compel Deposition 256
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...incorporated San Luis Obispo County. (Compl., passim.) The plaintiffs are German nationals who, at the time of the incident, were vacationing in California. Now before the Court is Defendant's Motion to Compel Deposition of Plaintiff Pierre Hempel (“Plaintiff”). The notice of motion, motion and supporting documents were served by email on counsel for the plaintiffs via email on July 26, 2021. No opposition is on file. On June 2, 2021, Defenda...
2021.09.28 Motion for Summary Adjudication 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...t it is the owner of 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 approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. (SAC, ¶¶ 1, 3.) Plaintiff alleges its uses of the Property includes or will include residenti...
2021.09.28 Motion for Attorney Fees 609
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...g amounts. Wigwam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $2,658.16. 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 notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure sections 685.040 and 685.080 on the grounds th...
2021.09.23 Petition to Confirm Arbitration Award 269
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.23
Excerpt: ... On January 19, 2021, W. Craig Robertson III, of the American Arbitration Association, conducted a telephonic arbitration hearing. (Petition, ¶¶ 6, 7.) Respondents did not appear at the arbitration. On this same date, Mr. Robertson awarded Petitioner $114,589.86 in damages. (Petition, ¶ 8.) The Award is attached to the petition and was served on all parties on January 28, 2021. Petitioner petitions the Court for confirmation of the arbitration...
2021.09.23 Motion to Set Aside Dismissal 253
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.23
Excerpt: ...t a motion to vacate the order prior to that date. Plaintiff now brings a motion to set aside the dismissal, to set aside the Notice of Settlement filed March 11, 2021, and to set the case for trial. Plaintiff served the notice of motion and motion on Defendant at her address of record. No opposition is on file. The moving papers show that on August 18, 2020, the parties negotiated a settlement with respect to the monetary terms but subject to a ...
2021.09.22 Motions to Compel Further Responses, for Protective Order 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ber 13, 2019, Sandra Natali (“Natali”) served a second set of requests for production of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third sets of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the respon...

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