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1289 Results

Location: San Luis Obispo x
2022.10.06 Motion to Enter Judgment 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.10.06
Excerpt: ...sing the action under the conditions stipulated to by the parties and retaining jurisdiction under Code of Civil Procedure section 664.6 (the Order). The Order provides that: The court hereby approves the settlement of the parties and orders that judgment be entered upon the application of plaintiff pursuant to stipulation in the event the defendant shall default on any of the terms of the settlement as set forth in the stipulation. Plaintiff's a...
2022.10.04 Motion to Compel Further Responses 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...s of record in the amount of $2,205. Ford opposes the motion. Plaintiff served his first set of requests for production (RFPs) on May 17, 2022. (Declaration of Armando Lopez (Lopez Dec.), ¶ 3; Ex. A.) On June 16, 2022, Ford served responses. (Id., ¶ 4; Ex. B.) Plaintiff contends the responses were not code‐ compliant, contained numerous objections, and failed to include a production of documents. (Ibid.) On June 27, 2022, Plaintiff initiated ...
2022.10.04 Motion for Leave to File Complaint 100
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.10.04
Excerpt: ...ner in a personal injury action against the other driver (Case No. 18CVP‐0338).1 The personal injury action ultimately settled for $37,000. CCPMS and Galileo asserted liens, totaling $23,475.36, against the settlement proceeds. After payment of attorney's fees and costs, Harris currently holds $16,165.02 in her client trust account. In light of the competing claims, Harris filed this complaint in interpleader on April 20, 2022, against CCPMS, G...
2022.09.29 Motion to Vacate and Set Aside Clerk's Defaults and Judgment 645
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ...d against Defendants on December 27, 2021. On January 12, 2022, a default judgment was entered against Defendants. An amended judgment was filed on February 1, 2022 and notice of entry of judgment was filed and served on Defendants on February 2, 2022. On March 21, 2022, Defendants filed a motion to set aside the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b), on the grounds of excusable neglect. Pl...
2022.09.29 Motion for Bench Trial 158
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ...on for declaratory relief and quiet title. On May 2, 2019, Eureka filed a cross‐complaint against Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for declaratory relief and quiet title. 1. The Parties The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee,1 for use of the ...
2022.09.29 Motion for Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.29
Excerpt: ... (Business and Professions Code section 17200, et. seq.). Plaintiff moved for summary adjudication. The Court granted summary adjudication of the first two causes of action for civil penalties under Labor Code section 226, subdivision (f) [payroll records], and Labor Code section 1198.5, subdivision (k) [personnel records], as well as Plaintiff's claim for attorney fees and costs under Labor Code section 1198.5 pursuant to motion. The Court denie...
2022.09.27 Motion to Vacate and Set Aside Confession of Judgment 143
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...court places its imprimatur when submitted to the clerk for entry. [Citation.]” (Efstratis v. First Northern Bank (1997) 59 Cal.App.4th 667, 672 (Efstratis).) The Confession of Judgment was accompanied by the required declaration of counsel confirming he had advised his clients, Nicola Allegretta and Carmen Escobeda (Defendants), of the waiver of their rights and defenses under the confession of judgment procedure. (Merzon Supp. Decl., ¶ 2; Co...
2022.09.27 Motion for Reconsideration 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...26, 2022 after the Court sustained, in part, Defendant Puckett's demurrer. A hearing on the Plaintiff's motion for preliminary injunction was held on July 12, 2022 at which time the Court denied the Plaintiff's motion. Now before the Court is Plaintiff's motion for reconsideration pursuant to Code Civil Procedure section 1008. Under that section, a party affected by a prior court order “may, within 10 days after service upon the party of writte...
2022.09.27 Demurrer 262
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.27
Excerpt: ...ed the demurrer as to the defamation claim and granted leave to file an amended complaint against Puckett for intentional infliction of emotional distress. On April 26, 2022 Plaintiff filed her First Amended Complaint (FAC). The FAC outlines the escalating feud between the parties regarding noises alleged caused by roosters, dogs and explosives kept or used by Defendants. As a result of the ongoing conflict, Puckett3 and Beltran III4 both obtaine...
2022.09.22 Special Motion to Strike, Demurrer 385
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.22
Excerpt: ...2022, Daniel's wife, Kristin Ciecek, filed a CHRO request against Ingham (San Luis Obispo Superior Court Case No. 22CV‐0072). ‐ On February 22, 2022, Ingham filed a CHRO request against Daniel (San Luis Obispo Superior Court Case No. 22CV‐0085). On April 25, 2022, after two days of hearings, the Court denied Ingham's request for a restraining order and granted Kristin's request for a restraining order. The Court issued a three‐ year restr...
2022.09.22 Motion for TRO and Preliminary Injunction 689
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.22
Excerpt: ... Trust UDT dated 2/27/01, and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiff's Motion for Temporary R...
2022.09.15 Demurrer 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...
2022.09.15 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his s...
2022.09.15 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...lileo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed...
2022.09.15 Motion to Set Aside Dismissal 070
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... appear at a case management conference. As a result, the Court set an OSC re Dismissal for hearing on September 14, 2021. On May 24, 2021, Plaintiff filed an ex parte Application for Writ of Possession and a request for a TRO. At a hearing conducted on July 6, 2021, the Court found that Plaintiff had established the probable validity of his claim to possession of the Jeep, and probable cause to believe it was located at Defendant's property in A...
2022.09.14 Motion to Strike 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...
2022.09.14 Motion to Set and Fix Amount of Bond 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defen...
2022.09.14 Motion for Preliminary Approval of Class Action Settlement 016
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...
2022.09.13 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...
2022.09.13 Motion for Evidentiary Sanctions, to Compel Responses, for Monetary Sanctions 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...
2022.09.01 Motion to Set Aside Dismissal 001
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...
2022.09.01 Motion to Enforce Settlement 617
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...
2022.09.01 Motion for Summary Judgment, Adjudication 610
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...
2022.09.01 Motion for Leave to File Amended Answer 644
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...
2022.08.25 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...

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