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1026 Results

Location: San Luis Obispo x
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 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 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 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...
2021.10.06 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 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 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...
2021.10.05 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 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...

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