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2024.06.13 Motion to Compel Arbitration 021
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...ng Act (FEHA); 2) discrimination in violation of FEHA; 3) failure to prevent discrimination, harassment and retaliation; and 4) intentional infliction of emotional distress. Plaintiff alleges that she was a teller at Wells Fargo, and in May 2022, Gonzalez was transferred to the Nipomo Branch where he was appointed branch manager. (FAC, ¶¶ 8, 10.) Plaintiff alleges that Gonzalez humiliated and degraded a majority of women at the branch, creatin...
2024.06.13 Motion for Judgment on the Pleadings 379
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...rt, San Luis Obispo Superior Court, Case No. 21FL -0599. (Divorce Action). In the Divorce Action the family court ruled that Defendant held title to the house as separate property and could sell the house, which Defendant has done. Before this Court is Defendant's motion for judgment on the pleadings. Defendant argues that the Divorce Action ruling as to ownership of the house bars all of Plaintiff's claims. Defendant also asserts the claims are ...
2024.06.13 Motion for Determination of Good Faith Settlement 565
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.13
Excerpt: ...ng his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. Plaintiff's fourth cause of action is alleged against Carlos Hernandez (Hernandez), Juan Perez and Lilly Perez (collectively Perez), and Eric Juarez (Juarez) (collectively the Caravan Defendants). The Caravan Def...
2024.06.12 Motion to Compel Further Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.06.12
Excerpt: ...the general contractor for the Project. Garden Street and Specialty entered into a contract in April 2015. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in SCI and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of multiple related actions, all of which involve the Project. Defendant Trisura Insuran...
2024.06.12 Motion to Compel Arbitration 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.06.12
Excerpt: ...2023, Defendant filed a notice of related case and on August 15, 2023, the Court entered an order consolidating this action with Plaintiff's separate Private Attorney General Act (PAGA) action pursuant to a stipulation of the parties. On April 10, 2024, the parties filed a joint case management statement in which Defendant states that it “recently become aware of the existence of an arbitration agreement.” On April 26, 2024, Defendant file...
2024.06.11 Motion for Preliminary Injunction 093
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.06.11
Excerpt: ...e Tomasovich Family Trust dated August 30, 2013. Defendants are Charles Mitchell Inman Jr. and Agnes Maria -Mitchell Inman. The Easement rises steeply off Highway 41. Four properties share the Easement: the Inmans, the Stephensons, the Sarangs, and the Tomasoviches. Along the Easement are several blind turns, two of which are in close proximity to the Inmans' house, which is the first house one passes after turning off Highway 41. Plaintiffs con...
2024.06.11 Demurrer 207
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.06.11
Excerpt: ...f alleges that on September 20, 2022, she slipped and fell on metal plates attached to the sidewalk at or near 9400 El Camino Real in Atascadero. Plaintiff alleges that she slipped and fell due to Defendants' negligence in maintaining, inspecting, repairing, managing, supervising, owning, controlling, and safeguarding the sidewalk located at the sidewalk at or near 9400 El Camino Real in the Atascadero. Plaintiff alleges Defendants knew, or in th...
2024.06.11 Application for Writ of Possession 366
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.06.11
Excerpt: ...s $243,689.18, payable with a ten percent interest rate and a maturity date of November 6, 2022. The complaint alleges Defendant breached the parties' agreement by failing to execute a Deed of Trust on his property and not paying the principal and accrued interest by the Note's maturity date. Plaintiff seeks a right to attach order (RTAO) in the amount of $358,227.29, which includes the amount due under the Note, as well as costs and attorney's f...
2024.06.06 Motion to Stay 689
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.06
Excerpt: ...2.3 and 52.4. Plaintiff's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in the District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of the District. (FAC, ¶ 2.) The District previously demurred to the FAC, arguing that Assembly Bill 218 (AB 218), which Plaintiff brings this lawsuit under, constitutes an impermissibl...
2024.06.06 Motion to Compel Neuropsychological IME 702
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.06.06
Excerpt: ...submit and appear for a neuropsychological independent medical examination (IME) on May 31, 2024, at 9:00 a.m. at 515 South Flower St., 42nd Floor, Los Angeles, CA 90071, with Clark Clipson, Ph.D., licensed psychologist.1 (Motion, p. 1, ln. 27 -p. 2, ln. 2.) Plaintiff agrees to appear and cooperate with the IME, but refuses to provide the raw test data to Plaintiff's counsel on the grounds that such disclosure would violate Dr. Clipson's ethical ...
2024.06.05 Motion to Compel Further Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.06.05
Excerpt: ... Project. Garden Street and Specialty entered into a contract in April 2015. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in SCI and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of multiple related actions, all of which involve the Project. Defendant Trisura Insurance Company (Trisura), Garden S...
2024.06.05 Motions to Compel Further Discovery Responses 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.06.05
Excerpt: ...ired Home Instead for personal care services and Defendants employed unfit caregivers who stole personal property from Plaintiff and mistreated him by, among other things, committing elder neglect, financial abuse, and isolation abuse. Before the Court are two motions filed by Plaintiff seeking to compel further responses to Home Instead Form Interrogatories (set two) (Home Instead FROG) and Alcantara Form Interrogatories (set two) (Alcantara ...
2024.06.04 Demurrer 689
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.06.04
Excerpt: ...tiff alleges that in February 2023, Plaintiff and Defendants entered into “written Agreements,” whereby Defendants agreed to pay Plaintiff for the delivery of material to the Property, identified as 219 Castle Street in Cambria. (Id. at ¶¶ 4, 15.) Plaintiff alleges that beginning in February 2023 and periodically thereafter, Defendants ordered material from Plaintiff, which material was delivered by Plaintiff and approved and used by Defen...
2024.06.04 Demurrer 422
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.06.04
Excerpt: ...ime penalties for nonpayment of wages; and (5) unfair business practices. Plaintiff alleges Defendants hired him on or about August 1, 2020. (Compl., ¶ 10.) Plaintiff alleges he worked for Defendants as an Operations Manager in the Sales and Purchasing Department, performing duties including making sales; purchasing; performing production work not part of a supervisory function; checking and inspecting goods not part of a supervisory function; a...
2024.05.30 Second Amended Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...ion to Confirm Arbitration Award. On January 25, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to add Hurley as a named respondent on the petition. • On February 13, 2024, Plaintiffs filed an Amended Petition to Confirm Arbitration. On April 4, 2024, the Court continued the matter to allow Plaintiffs to address service issues and to amend the petition which misstated the terms of the arbitrator's awar...
2024.05.30 Motion for Judgment on the Pleadings 621
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...s negligence and punitive damages as alleged against it.1 Counsel for MJBS met and conferred via telephone with counsel for Plaintiffs before filing the motion, but the parties could not come to an agreement. (Declaration of Joseph Schultz.) Plaintiffs oppose the motion. I. Legal Standard A defendant can move for judgment on the pleadings on the grounds that the complaint does not state facts sufficient to constitute a cause of action against th...
2024.05.30 Demurrer 384
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...ond amended complaint for damages and declaratory relief (SAC). The SAC asserts causes of action for (1) writ of mandate (2) breach of mandatory duty/negligence and (3) declaratory and injunctive relief. Now before the Court is the County's demurrer to the SAC and each of the three causes of action therein. I. Background The crux of Petitioner's claim is that the County has a mandatory duty to establish a program to investigate whether mold in ho...
2024.05.30 Demurrer 200
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.30
Excerpt: ...filed her First Amended Complaint (FAC), which again alleges two causes of action for breach of contract and fraud. The District again demurs to both causes of action on the grounds that they fail to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Counsel for the District met and conferred with counsel for Plaintiff prior to filing the demurrer but the parties were unable to come an agreement. (Declaration of Stephanie A. Bowen, ¶¶ 2,...
2024.05.29 Motion to Compel Further Responses 156
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...cuments and strike Honda's objections to her Request for Production of Documents, Part One, served May 30, 2023. (Declaration of Hannah Theophil (Theophil Dec.), ¶ 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.1 (Id. ̧ ¶¶ 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), ¶ 6; Ex. C.) Specifically, Plaintiff moves to strike Honda's objections and compel furth...
2024.05.29 Motion for Preliminary Injunction 037
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ... trustee. Fred died in 2013, and Donna died on August 8, 2019. The Trust is comprised of 1,356.34 acres of land, including the Nick Ranch (the Ranch), securities, and membership interests in three family LLCs along with other personal property items. Petitioners allege the three beneficiaries (Juanell, Wayne, and Norman) are each one -third owners of the entire Ranch; Norman disputes this and asserts that Petitioners are each one -third owners o...
2024.05.29 Motion to Compel Further Responses 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...ped with the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 Plaintiffs did not appear at the initial hearing on the matter. In the tentati...
2024.05.29 Demurrer to TAC, Motion to Quash Service for Lack of Personal Jurisdiction 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...n (Gordon) and Orchard City RV, LLC's (Orchard City) demurrer to Plaintiff's Third Amended Complaint (TAC). Mitsubishi Fuso Truck and Bus Corporation (Mitsubishi) also specially appears and moves pursuant to Code of Civil Procedure section 418.10 for an order quashing service for lack of personal jurisdiction. Plaintiff's ThirdAmended Complaint alleges that Jutila was driving a Mitsubishi Fuso FE160 truck at the time of her accident. (TAC, ¶ 3.)...
2024.05.29 Motion to Set Aside Dismissal and Enter Judgment 122
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ... Court dismissed the case and retained jurisdiction pursuant to Code of Civil Procedure section 664.6 and the Stipulation. The Stipulation called for Gonzalez's insurer to pay State Farm $6,112.20 and for Gonzalez to pay State Farm a total of $1,500.00 in payments of $50.00 per month. (Declaration of Richard L. Mahfouz III (Mahfouz Dec.), Exh. A, ¶ 4.) State Farm asserts that Gonzalez is in default on the payments and seeks to have the dismissal...
2024.05.29 Motion to Strike 499
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...ort the required elements of oppression, fraud, or malice. A complaint is subject to a motion to strike if it fails to allege facts supporting punitive damages. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) The complaint must allege the elements as stated in Civil Code section 3294 and include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious to support a claim for punitive damag...
2024.05.29 Motion to Stay Civil Proceedings 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...n's husband and injuring Susan Owens. Counsel for McDuffee states that McDuffee is believed to have been in custody since the date of the incident and is difficult to contact. (Declaration of Natalya Samsonova (“Samsonova Dec.”), ¶¶ 3, 4.) McDuffee seeks to stay this civil action pending the resolution of the criminal action against McDuffee, San Luis Obispo Superior Court, Case No. 21F -04974. McDuffee seeks a short stay of four (4) weeks ...
2024.05.29 Motion to Waiver or Reduce Bond Amount 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.29
Excerpt: ...ok advantage of Sylvia June Asavis 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 had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposited ...
2024.05.28 Application for Writ of Possession 426
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.28
Excerpt: ...proximately $44,644 on the contract. Defendant was personally served with the summons, complaint, notice of application and hearing, a copy of the application, and the supporting declaration and memorandum of points and authorities, on April 8, 2024. (Code Civ. Proc., § 512.030.) A writ of possession shall issue if the plaintiff has (1) established the probable validity of his or her claim to possession of the property and (2) met the undertakin...
2024.05.28 Motion to Compel Arbitration 417
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.28
Excerpt: ...ion agreement he signed was with World Wind & Solar (WWS), and that he never agreed to arbitrate disputes with Defendant. Defendant argues that it acquired WWS including its employees and can enforce the arbitration agreement. 1. Legal Standard for Compelling Arbitration Both the Federal Arbitration Act (FAA) and California law favor arbitration. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339; OTO, L.L.C. v. Kho (2019) Cal.5th 111, 125...
2024.05.28 Motion for Post Judgment Attorney Fees 303
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.28
Excerpt: ...in obtaining the judgment. Defendant did not remove the fence as ordered by the Court. Plaintiff incurred fees filing additional papers, appearing for hearings, and hiring a contractor to shorten Defendant's fence as agreed to by Defendant. Plaintiff now seeks to recover the additional fees and costs. Plaintiff filed and served the moving papers and memorandum of costs on April 17, 2024, by mail. No opposition or objection has been filed. Code...
2024.05.23 Motion to Compel Arbitration and Stay Action 524
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.23
Excerpt: ... Santander is the Holder of the subject agreement and that Plaintiff has been paying Santander on the agreement. Plaintiff now moves pursuant to Code of Civil Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Association (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (t...
2024.05.23 Petition for Writ of Mandate 264
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.23
Excerpt: ...s the real party in interest. The dispute concerns the City's rejection of a recall petition aimed at Rushing, which Petitioners submitted on April 4, 2024 (the April Recall Petition). (Pet., Ex. 1.) Mr. Rushing's term is set to expire in December 2026. (Rushing Decl., ¶ 4.) On April 15, 2024, the City rejected the April Recall Petition stating: “Pursuant to Elections Code section 11042, subdivisions (c) and (d) and Elections Code section 1104...
2024.05.21 Motion to be Deemed Prevailing Parties, for Reasonable Attorney Fees 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.21
Excerpt: ... was deemed his successor in interest for purposes of pursuing this litigation. The complaint included twelve causes of action. The individual defendants Arciero and Grinager were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During...
2024.05.21 Discovery Motions 570
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.21
Excerpt: ...o easement, (3) declaratory relief, (4) willful trespass, (5) negligent trespass, (6) nuisance, and (7) injunctive relief. Bentotage P. DeSilva and Rupak Gautam filed a cross -complaint alleging causes of action for (1) intentional interference in business advantage and (2) declaratory relief. The lawsuit is a neighbor dispute concerning an easement. Now before the Court are six discovery motions filed by Plaintiffs. On December 14, 2023, Plain...
2024.05.21 Demurrer 058
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.21
Excerpt: ...ton (Campton Dec.), ¶ 5.) On March 7, 2023, the Court overruled in part, and sustained in part (with leave to amend) the third amended complaint. On April 7, 2023, Crosbie filed her fourth amended complaint, and on October 24, 2023, the Court sustained Defendant's demurrer to the first, third and fourth causes of action in that fourth amended complaint with leave to amend. On November 21, 2023, Plaintiff filed her fifth amended complaint (5t...
2024.05.16 OSC Re Preliminary Injunction 152
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.16
Excerpt: ...ion (State Lands) and the California Coastal Commission (the Commission) as the respondents. The dispute centers around three offshore wind leases issued by the Bureau of Ocean Energy Management (BOEM) to Atlas Wind, LLC also known as Equinor (Atlas Wind), Golden State Wind, LLC also known as Central Coast Offshore Wind, LLC (Golden State), and Even Keel Wind, LLC also known as Invenergy California Offshore LLC (Invenergy; collectively, the Lesse...
2024.05.15 Demurrer to TAC, to Quash Service 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...n (Gordon) and Orchard City RV, LLC's (Orchard City) demurrer to Plaintiff's Third Amended Complaint (TAC). Mitsubishi Fuso Truck and Bus Corporation (Mitsubishi) also specially appears and moves pursuant to Code of Civil Procedure section 418.10 for an order quashing service for lack of personal jurisdiction. Plaintiff's ThirdAmended Complaint alleges that Jutila was driving a Mitsubishi Fuso FE160 truck at the time of her accident. (TAC, ¶ 3.)...
2024.05.15 Motion to Strike 499
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...ort the required elements of oppression, fraud, or malice. A complaint is subject to a motion to strike if it fails to allege facts supporting punitive damages. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) The complaint must allege the elements as stated in Civil Code section 3294 and include specific factual allegations showing that defendant's conduct was oppressive, fraudulent, or malicious to support a claim for punitive damag...
2024.05.15 Motion to Waive Bond Requirement or Reduce Bond Amount 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.15
Excerpt: ...ok advantage of Sylvia June Asavis 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 had recently met. On November 21, 2022, the Court issued a ruling on Petitioners' motion for a preliminary injunction. The Court granted Petitioners' motion, ordering Petitioners to furnish an undertaking in the amount of $193,566.70 within 30 days. Petitioners never deposited ...
2024.05.14 Motion for Protective Order, to Quash 676
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...tiff was approximately seven to eight years old. (First Amended Complaint [FAC], ¶ 1.) Plaintiff alleges that Mr. Ilger, now deceased, was convicted in 1988 of molesting underage children in his classroom, and was sentenced to eight years in prison. (Id. at ¶¶ 12, 24.) Plaintiff further alleges that Mr. Ilger was arrested against in 2002 for failing to register as a sex offender and sentenced to 32 months in prison. (Id. at ¶ 24.) Plaintiff's...
2024.05.14 Demurrer 173
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...(Tri -Counties), Louis Carnesale (Louis) 1 , John Carnesale (John), and the City of Atascadero (the City). 10850, Tri Counties and John Carnesale demurred to the FAC, and that demurrer was partially sustained with leave to amend. On December 21, 2023, Plaintiff filed her Second Amended Complaint (SAC), which alleges causes of action for 1) negligence [against all defendants other than the City]; 2) nuisance and trespass [against all defendants o...
2024.05.14 Demurrer 022
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ..., 2024, def endants Rockport Administrative Services, LLC (Rockport), Boardwalk West Financial Services, LLC (Boardwalk) and Shlomo Rechnitz (collectively Managing Defendants) represented by Gordon Rees Scully Manshukhani, LLP (Gordon Rees) demurred to the complaint. The County of San Mateo was not listed on the caption as a defendant represented by Gordon Rees. On April 4, 2024, Gordon Rees filed an amended notice of demurrer and amended suppor...
2024.05.14 Demurrer, Motion to Strike 237
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.05.14
Excerpt: ...urt are papers John's filed demurring to the unjust enrichment cause of action on the ground that it is not a cause of action and seeking to strike the cross -complaint on the ground that Baker did not obtain leave of court to file it. There are irregularities in the moving papers, however, Baker had sufficient time to file substantive oppositions to the motions. The Court will consider the motions on the merits. 1. Demurrer Johns argues that ...
2024.05.09 Motion to Compel Responses, for Sanctions 206
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...s needed before any records could be produced. In an attempt to obtain Plaintiff's signature on the authorizations, Defendants served Plaintiff with a Request for Production of Documents attaching the requisite authorizations (the RFPs), and asking Plaintiff to sign and return the authorizations. Defendants' counsel explained the authorizations were served as part of a request for production “so there is a mechanism to compel a response, if nee...
2024.05.09 Motion to Compel Further Responses 577
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...sher Dec.), ¶ 5.) Plaintiff served RFP, Set Three, on Smart72 and RFP, Set One, on DeVries, on July 10, 2023. (Id., ¶ 8.) Both sets of requests sought documents relating to Angela DeVries' role in the Smart72 business and her communications relating to Plaintiff. (Ibid.) Plaintiff now moves to compel further responses from Smart72 as to Request No. 12 from RFP Set Two, and Request Nos. 21 -28 from RFP Set Three. Plaintiff also moves to compel f...
2024.05.09 Motion for Summary Adjudication, to Continue Trial 388
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ided that BCP would provide labor, services, equipment, and materials for installation of HVAC systems for five different projects. BCP now moves for summary adjudication of its fifth and eighth causes of action for breach of written contract, and ABC moves to continue trial of this matter, currently scheduled for June 24, 2024. Both motions are opposed. Motion for Summary Adjudication BCP's fifth cause of action arises out of a June 27, 2019 ...
2024.05.09 Demurrer 212
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ... light, causing his vehicle to hit Plaintiff's vehicle. Plaintiff alleges one count of negligence against Dunbar, and one count of negligence (Gov. Code, § 815.2) against the State. In the complaint, Plaintiff alleges that he timely served government claims against the State, which claim was rejected. (Compl., ¶ 10.) Now before the Court is Defendants' demurrer to the complaint. Legal Authority. Under the California Tort Claims Act (the Act), n...
2024.05.09 Application for Relief Under CCP Section 473 578
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.09
Excerpt: ...ds and that the rodents caused significant damage to the Property. On December 16, 2022, the Court (Hon. Donald G. Umhofer, presiding) granted Defendants OiC Real Estate Services, Inc. and Kristenann Murchison's motion to strike Plaintiffs' expert witness designation. In their motion, Defendants argued that Plaintiffs' expert designation was tardy and failed to include a required declaration from counsel describing the expert witnesses' areas of...
2024.05.08 Motions to Compel Further Discovery Responses 308
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.08
Excerpt: ...ed Home Instead for personal care services and Defendants employed unfit caregivers who stole personal property from Plaintiff and mistreated him by, among other things, committing elder neglect, financial abuse, and isolation abuse. Before the Court are four motions filed by Plaintiff seeking to compel further responses to discovery requests. The specific discovery requests are as follows: 1. Special Interrogatories to Alcantara, Set One (Al...
2024.05.02 Motion to Expunge Lis Pendens 506
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...) fraud and deceit (against both Defendants). On October 2, 2020, 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 or the Property). Plaintiffs filed another “notice of pending action” on February 23, ...
2024.05.02 Demurrer 689
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.05.02
Excerpt: ...f's lawsuit centers around sexual abuse she alleges she suffered while attending a high school in Roe 1 District. Plaintiff alleges beginning in or around 1984, Plaintiff was sexually harassed and abused by Roe 2 Teacher, an employee and agent of Roe 1 District. (FAC, ¶ 2.) Plaintiff alleges Roe 2 Teacher began grooming Plaintiff when she was a 15 -year -old freshman. (FAC, ¶ 14.) Plaintiff alleges Roe 2 Teacher often flirted with Plaintiff an...
2024.05.01 Motion to Amend Petition 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...l 2019. Petitioner now seeks to amend the petition to delete the request to compel an accounting and add claims for (a) financial elder abuse claim, including relief under Probate Code section 259, 1 and (b) breach of duty to follow terms of trust. In addition, Petitioner seeks to add and delete various paragraphs for clarification. I. LEGAL STANDARD The Court may allow the amendment of any pleading at any time in the furtherance of justice, an...
2024.05.01 Petition for Writ of Mandate 060
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ... allegedly “without following the rules and regulations of the County relating to said Guesthouse.” (Pet, ¶ 3.) At the time the Petition was filed, the Guesthouse was under construction, but has now been built. LOGG seeks a writ of mandate under Code of Civil Procedure section 1085 directing the County to rescind the construction permit for the Subject Property and directing the County to provide public notice of the project, including a No...
2024.05.01 Motion to Compel Further Responses 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...les Bachtell (Bachtell), is one of the named individual director -defendants. Cresco Labs, Inc. is a Canadian corporation with its principal place of business in Chicago, Illinois (Canadian -Cresco). In response to the complaint, Canadian -Cresco filed a motion to quash service of the summons and complaint on the ground the Court lacks jurisdiction over it. (Code Civ. Proc., § 418.10.) The Court continued the motion to allow Plaintiffs an oppor...
2024.05.01 Motion to Quash Subpoenas 053
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.05.01
Excerpt: ...roduction at hearing or trial, served on Petitioner, Bank of America, N.A., PayPal INC., Corporation Service Company, Wells Fargo Bank, N.A., and William B. Dyer. (Declaration of Laura Hoffman King, ¶ 2; Ex. A.) (Code Civ. Proc., § 1987.1.) The initial hearing on the motion was continued as no proof of proper service was on file. Petitioner served notice of hearing, but there was no proof showing that the moving and supporting papers were serv...
2024.04.30 Motion to Compel Arbitration 359
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...f to be Chief Operating Officer (COO) for MLV's new venture of opening The Human Bean coffee shop franchises. (Declaration of Pat Mitchell (Mitchell Dec), ¶¶ 5, 6.) Plaintiff alleges he became seriously ill and had to use a wheelchair at work. He claims he was wrongfully terminated due to his disability. Defendants seek to compel arbitration pursuant to the employee handbook that includes an arbitration agreement. They do not present a signed a...
2024.04.30 Motion for Judgment on the Pleadings 391
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...mine Ownership of Estate Property and for Order Authorizing and Directing Executor to Transfer Estate Property to Petitioner (the Petition). The Petition was brought pursuant to Probate Code section 850, and seeks a determination of ownership of USG stock. The basis of Siegenthaler's claim is a June 16, 2016 gift letter signed by Decedent and attached as exhibit C to the Petition. (Pet., ¶¶ 4 -6.) Currently on calendar is Andreoli's motion for ...
2024.04.30 Demurrer 006
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.30
Excerpt: ...ligent Infliction of Emotional Distress. Plaintiff alleges that she has been suffered heart palpitations, tremors and shortness of breath due to the crowing of roosters and barking, whining and crying of dogs at property owned by Beltran. (Cmpl., passim.) Plaintiff alleges that Puckett and Ochoa assist in the care and maintenance of the dogs and roosters. (Cmpl., ¶ 9.) She alleges that this complaint “follows in continuous succession of, and ...
2024.04.25 Motion to Strike SAC 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...rt is Defendants' motion to strike the punitive damages allegations in paragraphs 14, 29,43, 58 and prayer #3 of Plaintiff's Second Amended Complaint (SAC). Plaintiff opposes the motion. 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 rule, or...
2024.04.25 Motion for Final Approval of Class Action Settlement 513
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...iff had filed a PAGA Representative Action (Case No. 21CV -0651) (the PAGA Action). Plaintiff and Defendants reached a settlement,1 which the Court preliminarily approved on November 30, 2023. At that time, the Court also approved the following class definitions: • The Agreement defines the “Class” and its members as “all current and former non - exempt employees who worked for Defendants Drake Farms as truck drivers and/or were issued...
2024.04.25 Motion for Attorney Fees 162
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...g) granted Natwick's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on November 30, 2023. Currently on calendar is Natwick's motion for attorney's fees. Plaintiff has filed an opposition. Under section 425.16, subdivision (c), any defendant who brings a successful special motion to strike is entitled to attorney fees and costs. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [Ketchum].) The determinati...
2024.04.25 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...f filed a First Amended Fraud Complaint (“FAC”). Before O'Niahll and Ferreira responded to the FAC, on October 5, 2023, the Court sustained the City and its employees' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (“SAC”). The 41 -page SAC alleges a myriad of facts, statements and thoughts that are no more intelligible t...
2024.04.25 Demurrers to FAC, Motion to Strike FAC 321
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.25
Excerpt: ...competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Plaintiff alleges there is a unity of interest and ownership between both Defendants, LTGB and Poswillo, such that any individuality and separateness between such Defendants has ceased, and that LTGB is the alter -ego of Defendants in that: (a) LTGB was and is a mere shell, instrumentality, and conduit through which Defendants carry on their business in said name e...
2024.04.24 Motion to Amend Petition 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.24
Excerpt: ...l 2019. Petitioner now seeks to amend the petition to delete the request to compel an accounting and add claims for (a) financial elder abuse claim, including relief under Probate Code section 259, 1 and (b) breach of duty to follow terms of trust. In addition, Petitioner seeks to add and delete various paragraphs for clarification. I. LEGAL STANDARD The Court may allow the amendment of any pleading at any time in the furtherance of justice, an...
2024.04.23 Motion to Quash Service of Summons and Complaint 242
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.23
Excerpt: ...y of Defendant PG&E, (5) loss of consortium, and (6) negligence against PG&E. Plaintiffs allege that on November 23, 2019, Mr. Szydlowski suffered severe injuries while operating a Niftylift TD34T boom lift, known as a bucket lift or “cherry picker,” at Defendant Casa Rio Atascadero. Plaintiffs allege that bucket lifts of the type Mr. Szydlowski used typically have an alarm system designed to alert the operator when the lift is close to elect...
2024.04.16 Motion for Prefiling Order Prohibiting Vexatious Litigation from Filing New Litigation in Propia Persona 266
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...fraud obtained after a jury trial in the Twentieth Judicial District in the District Court of Barton County, Kansas, Case No. 2015 -CV -000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals issued a 31 -page opinion affirming the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court deni...
2024.04.16 Motion for Summary Adjudication 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...f December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high- performance recreational vehicle. One of the guests who drove the vehicle was Arayza -Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such a vehicle, was under the influence when she did so, and was unaware that the property was near a sheer cliff. Arayza -Alvar...
2024.04.16 Motion to Compel Deposition of PMK, Production of Docs 165
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...8490; defects requiring the updating and/or reprogramming of the power steering control module (“PSCM”), transmission control module (“TCM”), and/or electronic brake control module (“EBCM”); defects causing shuttering; defects causing the failure and/or replacement of the torque converter; defects causing a vibration at highway speeds; defects causing a vibration upon acceleration; defects causing a hesitation upon acceleration; defec...
2024.04.16 Motion for Reconsideration 159
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.16
Excerpt: ...ication for preferential trial setting under Code of Civil Procedure section 36 (Section 36). After discussing the matter with the parties, the Court set the request for a hearing and stated the ex parte application would be treated as the moving papers. (Misc. Minute Order, 12/07/23.) Plaintiffs filed an opposition to the trial preference request on January 2, 2024, noting the ex parte application failed to attach the referenced exhibits. Defen...
2024.04.11 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.11 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.11 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.11
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...
2024.04.10 Motion to Enforce Discovery Order, Request for Issue, Evidence, and Monetary Sanctions 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.10
Excerpt: ...ed Mathis to provide partial responses without objections by May 31, 2023, and full responses by June 30, 2023. Mathis served responses on June 30, 2023. Natali states the responses include objections. Her counsel sent a meet and confer letter on August 3, 2023. Over the next several months, Mathis' counsel represented that he was working on replying to the meet and confer letters and supplemental responses. (See Declaration of Jonas Bailey ISO M...
2024.04.10 Motion to Enforce Discovery Order, Request for Evidence, Issue, and Monetary Sanctions 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.10
Excerpt: ...bjections to each of the RFPs. Natali moved to compel further responses to the RFPs, which the Court granted, ordering further responses be served by Friday, July 28, 2023. On August 4, 2023, Natali belatedly served supplemental responses. Natali contends that the supplemental responses are insufficient, and seeks evidence and issue sanctions against Mathis, as it relates to RFP Nos. 24 -33, 40, 50- 54, 58-59, 65, 78, 97- 98, 177, 181 -182, and 1...
2024.04.09 Motions to Compel Oral Answers at Deposition 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ... the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high -performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was near a sh...
2024.04.09 Motion to Tax Costs 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ...idual defendants were named only in the third and fifth causes of action. Prior to trial, Martin agreed to withdraw the eleventh cause of action (misclassification as independent contractor) in exchange for Defendants withdrawing certain defenses. Trial took place in September 2023. During the trial, the Court granted nonsuit on the sixth, seventh, eighth, and twelfth causes of action (accommodation related claims and whistleblower retaliation)...
2024.04.09 Motion to Compel Further Responses 001
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.04.09
Excerpt: ...he Court then provided a detailed outline of the categories of documents that it generally regarded as relevant and properly to be produced in cases such as this. Finally, the court provided a briefing schedule for supplemental briefs if the good faith meet and confer efforts it was ordering did not fully resolve the dispute. Plaintiffs brief was due by March 22, 2024; Defendants brief was due by March 27, 2024. Plaintiff contends in a declarati...
2024.04.04 Demurrers to SAC 856
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...d a First Amended Fraud Complaint (“FAC”). Plaintiff added the Santa Barbara Superior Court and City Attorney Denny Wei as defendants in the FAC. On October 5, 2023, the Court sustained Denny Wei's demurrer to the FAC without leave to amend and sustained the City Defendants' demurrers to the FAC with leave to amend. On October 17, 2023, Plaintiff filed a Second Amended Complaint for Abuse of Process, Civil Perjury, and Civil Conspiracy (SAC)...
2024.04.04 Petition to Confirm Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...n January 25, 2024, the Court entered an order continuing the hearing on the petition so that Plaintiffs could properly serve all defendants. On February 13, 2024, Plaintiffs filed an amended petition to confirm the arbitration award and served it by email to attorneys Wesley Bonnheim and Travis Bonnheim. As explained in the Court's January 25, 2024, court order, emailing the petition to attorneys who have never appeared on behalf of Dos Osos a...
2024.04.04 Motion to Compel Arbitration 276
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.04.04
Excerpt: ...aintiff alleges Warrantor violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) (“Song -Beverly Act”) by failing to repair Vehicle defects. (Ameripour Decl., Exh. 1.)1 Warrantor seeks to compel arbitration and stay this action until the conclusion of arbitration. Warrantor relies on the arbitration provision in the RISC between Plaintiff and Dealer (Ameripour Decl., Exh. 2) and arbitration language in the Owner's Handbook...
2024.04.03 Motion to Compel Further Responses 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...
2024.04.03 Motion for Preliminary Injunction 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...
2024.04.03 Demurrer to SAC 466
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...ndant's demurrer to the complaint on the basis that the complaint was uncertain. Plaintiff filed a first amended complaint, Defendant demurrered, and on July 19, 2023, the Court sustained the demurrer with leave to amend on the ground that Plaintiff failed to state a cause of action. On July 25, 2023, Plaintiff filed a second amended complaint (SAC). The SAC specifies that it is for “breach of oral contract.” Plaintiff also checked the bo...
2024.04.03 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.04.03
Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...
2024.03.27 Motion to Quash 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...process is essential to establish personal jurisdiction.' [Citation.]” (Kremerman v. White (2021) 71 Cal.App.5th 358, 371.) The statutory procedures for effective service of process are set forth in Code of Civil Procedure section 415.10 et seq. “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such deliv...
2024.03.27 Motion to Compel Further Responses 104
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...th the CVT transmission.” On May 26, 2023, Plaintiffs served requests for production of documents (RFP) on Honda. Honda responded on August 11, 2023, and served verifications three days later. Plaintiffs now move to compel further responses to RFPs: 1 -3, 7, 9, 12, 17, 20, 21, 23, 25, 27, 29, 32, 33, 40, 42, 43, 47, 51, 53, 56, 58, 59, 76, 77, 84, and 86- 91.1 The 33 RFPs at issue are grouped into the following categories: • RFPs 1 -3, 7, 9,...
2024.03.27 Motion for Preliminary Injunction 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...tate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.) Plaintiff alleges it purchased the Propert...
2024.03.27 Demurrer 326
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.27
Excerpt: ...legal or equitable right, title, estate, lien, or interest in the property located at 490 Country Club Drive, San Luis Obispo, 93401 (the Subject Property). Plaintiff asserts causes of action for (1) quiet title, (2) intentional misrepresentation and fraudulent concealment, (3) declaratory relief, and (4) injunctive relief. Plaintiffs' Allegations. Plaintiff alleges it is a California limited liability company in San Luis Obispo. (Compl., ¶ 10.)...
2024.03.26 Demurrer 277
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...
2024.03.26 Demurrer 302
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...rt and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserted causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (ADA), respondeat superior liability u...
2024.03.26 Motion for Summary Adjudication 397
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ing State Route 1 when Elk allegedly owned, kept or harbored by the defendants entered the road in front of her and her vehicle collided with the Elk, causing her serious injuries. (Cmp., ¶¶ 6, 15 -20.) The State of California, acting by and through the Department of Parks and Recreation (the Department) now demurs to the complaint and each cause of action alleged against it in the complaint, namely the first and third causes of action for dan...
2024.03.26 Demurrer to FAC 429
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...
2024.03.26 Motion to Compel Compliance with Third-Party Subpoena 110
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ...ed by Key Health Medical Solutions, Inc., a litigation funding company (Key Health). On February 18, 2022, Defendants served Key Health with a Deposition Subpoena for Personal Appearance and Production of Documents and Things for the Person Most Knowledgeable. On February 23, 2023, Key Health produced the person most knowledgeable (PMK) and responsive documents. Defendant asserts that the custodian affidavits were not signed and that the records ...
2024.03.26 Motion to Quash Third Party Business Record Subpoena 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.26
Excerpt: ... and into the early morning hours of December 21, 2020, Spano and Harmony Bluffs held a “Burning Man” type festival on their premises during which they permitted guests to operate a high performance recreational vehicle. One of the guests who drove the vehicle was Arayza- Alvarez. The complaint alleges that Arayza -Alvarez had no experience driving such vehicle, was under the influence when she did so, and was unaware that the property was n...
2024.03.21 Motion for Protective Order 321
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.21
Excerpt: ... Plaintiff, serve as Plaintiff's pest control advisor, and would arrange for the use of a cannabis distribution license to store and care for Plaintiff's cannabis material. Plaintiff's first amended complaint asserts causes of action for (1) breach of contract, (2) conversion, (3) breach of implied contract, (4) unfair competition, (5) negligence, (6) accounting, (7) unjust enrichment, and (8) fraud. Now before the Court is Defendants' motion fo...
2024.03.20 Demurrer to FAC 250
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.03.20
Excerpt: ...rs. The three plaintiffs are the adult children of Pyong Yun Song (Decedent). On April 13, 2023, Plaintiffs filed a FAC, alleging nine causes of action. Two causes of action are alleged against the State: the eighth cause of action for dangerous condition of public property, and the ninth cause of action for public employee/contractor liability for dangerous condition (a new cause of action in the FAC that was not included in the original compla...
2024.03.19 Motion for Preliminary Injunction 112
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...d asserted derivative claims on its behalf. Steve and Robert each hold a fifty percent interest in BBC and are the only two directors on the board. Robert now alleges that Steve is attempting to unilaterally transfer BBC's vehicles and equipment (the Fleet) to Steve's solely owned entity, Steve C. Boneso Construction, Inc. (SCBC), dba Boneso Plumbing & Mechanical (BPM). Robert seeks a preliminary injunction prohibiting Steve from transferring ti...
2024.03.19 Motion for Contempt 215
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...e, Plaintiff challenged the validity of ASH's Protocol 30, a policy requiring physician approval before certain patient medications could be crushed to prevent abuse. On August 3, 2021, the Court (Hon. Linda D. Hurst, presiding) granted Defendant's motion for summary judgment on Plaintiff's first cause of action and denied summary adjudication of Plaintiff's second and third causes of action. A court trial was held April 8, 2022 (Hon. Hernaldo J...
2024.03.19 Demurrer, Motion to Strike 262
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.03.19
Excerpt: ...dants demurred to the FAC1 , and on September 27, 2022, the demurrers were partially overruled and partially sustained without leave to amend. On October 10, 2023, after obtaining leave to amend, Plaintiff filed her Second Amended Complaint (SAC). Defendants now demur to and move to strike portions of the SAC. The SAC alleges an escalating feud between the parties regarding noise issues. Plaintiff opposes the motions. No replies are on file. Co...
2024.03.14 Motion to Compel Arbitration 511
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.14
Excerpt: ...of the house, heavy rains caused flooding and mold. Plaintiffs filed this fraud action alleging Defendants misrepresented in the sale disclosures that they were unaware of any water intrusion and mold when in fact Defendants had extensive flooding and mold remediation done only two years earlier. The parties signed the Sale Agreement and initialed the arbitration clause. (Blackford Decl., Exh. 1, ¶ 22(B).) The arbitration clause applies to �...
2024.03.14 Demurrer 707
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.03.14
Excerpt: ... of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson -Moss Warranty Act. Plaintiff alleges that on August 1, 2020, she entered into a warranty contract with Volkswagen regarding a 2018 Volkswagen Atlas (the Vehicle). (Compl., ¶ 8.) Plaintiff alleges the Vehicle suffered from defects and non -conformities, ...

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