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771 Results

Location: San Luis Obispo x
2021.02.25 Motion to Declare Vexatious Litigant 454
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff had pre‐ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick‐up counter to retrieve his food. (FAC, 4:4‐6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9‐10.) Plai...
2021.02.25 Motion to Compel Compliance with Subpoena 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...r 24, 2020, the Guimaraes Defendants served a subpoena for the production of business records on the San Luis Obispo County Probation Department (the County), requesting the following records for Keith Bernard Murphy, date of birth 12/1/1990: Complete records from the first date to the present, including but not limited to call recordings, call logs, transcripts, CAD logs, traffic collision reports, photographs, MPEG or JPEG files, digital images...
2021.02.25 Motion to Compel 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ..., by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000, representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (...
2021.02.24 Motion to Strike SAC 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...Cambria was Plaintiff's broker and Mr. 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 to strike portions of the SAC. Analysis. Code of Civil Procedure section 436 aut...
2021.02.24 Demurrer, Motion for Sanctions 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...of emotional distress. Defendant demurred to the complaint and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action, and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (“FAC”) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of c...
2021.02.24 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.24
Excerpt: ...laintiff and Knudson are shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a franchise agreement with NFP (within a protected territory in California). The complaint further alleges that in May 2020, Plaintiff and Knudson entered into an agreement under which Plaintiff would pay Knudson $148,000 for his shares in Premier. In the interim, Knudson moved to Idaho and NFP alleges that Knudson...
2021.02.23 Petition to Compel Arbitration 165
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ... delivery of the Spinks' daughter, Betty, whom Plaintiffs allege suffered severe injuries during the delivery process. On December 14, 2020, Plaintiffs filed the instant petition to compel arbitration pursuant to a “Physician‐Patient Arbitration Agreement” (the Agreement) that Krista1 signed on January 29, 2014. The Court is not in receipt of an opposition; a proof of service is on file. The Agreement states in relevant part: Article 1: Agr...
2021.02.23 Motions to Compel Further Responses 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...time penalties, and (6) restitution. Now before the Court are two motions to compel filed by Plaintiff: (1) Motion to compel Defendant's further responses to requests for production (RFPs); and (2) Motion to compel Defendant's further response to special interrogatories. The Court has received Defendant's opposition to compel further responses to the RFPs. The Court did not receive an opposition to the motion to compel further responses to the in...
2021.02.23 Demurrers 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.23
Excerpt: ...oard of Supervisors (collectively, “Defendants”). On April 20, 2020, Plaintiff filed an amended petition and complaint, which sets forth six causes of action: (1) inverse condemnation; (2) injunctive relief; (3) violation of the Public Records Act; (4) breach of contract; (5) breach of contract ‐ easement; and (6) declaratory relief. The basis of the amended complaint is that Defendants, in breach of their legal and contractual obligations ...
2021.02.18 Motion to Compel Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. 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 lessee1 , for the Property...
2021.02.18 Motion for Leave to File SAC, Demurrer, Motion to Strike 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...s of action for general negligence, as well as “wrongful death, pain and suffering, funeral expenses, and legal expenses.” The FAC also seeks punitive damages and $250,000 in compensatory damages. In the FAC, Plaintiff alleges she is the “mother of the deceased (Keith Bernard Murphy II)” (Decedent). Plaintiff alleges that Decedent suffered from various mental health issues, and had a history of substance abuse and suicidal ideation. Plain...
2021.02.18 Motion for Attorney Fees 287
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...enying the restraining order, on the grounds that Petitioner failed to meet the burden of proof. On September 16, 2020, Volk filed a memorandum of costs in the amount of $761.36; no motion to tax costs was filed. Volk now brings a motion for an award of reasonable attorney's fees pursuant to Code of Civil Procedure section 527.6(s), which provides that the prevailing party in an action brought pursuant to section 527.6 may be awarded court costs ...
2021.02.11 Motion for Leave of Court for Limited Deposition 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.11
Excerpt: ...rner negligently drove forward without confirming Plaintiff was safely in the vehicle and drove over Plaintiff's left foot and leg, causing serious injury. (Complaint, ¶ 6.) Turner now moves for an order pursuant to Code of Civil Procedure section 2025.610(b) for a subsequent limited deposition of Plaintiff for the purpose of inquiry regarding documents produced subsequent to Plaintiff's first deposition, which are inconsistent with Plaintiff's ...
2021.02.10 Motion for Summary Judgment 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.10
Excerpt: ... written construction contract entitled “Contract for Construction of the Measure K‐14 Street Rehabilitation and Repair Project CIP 2295‐4‐ 2016‐ 1” (the Contract). (Undisputed Material Fact [UMF] 1; Mtn., Ex. C.) The parties entered into the Contract on May 15, 2017. The Contract provides that Plaintiff will perform certain roadway and underground construction and mediation in the City of Grover Beach (the Project). Plaintiff commenc...
2021.02.09 Motion to Strike 515
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.09
Excerpt: ...out June 22, 2019 at 2515 Victoria Way in Cambria. On January 7, 2020, Roberto and Alberto Mercado (collectively Plaintiffs) filed a verified first amended complaint (FAC) against Art Dansby, again alleging causes of action for (1) breach of contract and (2) common counts. The FAC seeks $18,500 for outstanding invoices. On September 10, 2019, Defendant filed a cross‐complaint against Roberto, Alberto2 , and Mercado Gardening & Hauling3 alleging...
2021.02.04 Special Motion to Strike, to File Docs Under Seal, Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.04
Excerpt: ...lity violations, malice, right to privacy violations, disclosure of private facts, abuse of process and theft. (Complaint (“Compl.”), p. 3.) Plaintiff's form complaint alleges a series of intentional torts, including obtaining medical records for the purpose of financial gain and to intimidate, harass, embarrass, and humiliate Plaintiff in the process and abuse of discovery (Compl., p. 4); violation of Plaintiff's privacy by violating the Inf...
2021.02.03 Motion for Summary Judgment, Adjudication 502
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...ability are alleged against Defendants and Bartholomew, and the third cause of action for negligent supervision/retention/hiring is alleged against CAPSLO. CAPSLO and Gomez (collectively “Defendants”) move here for summary judgment or, in the alternative, for summary adjudication as to each cause of action. Bartholomew and Plaintiff oppose the motion.3 I. Legal Standard Defendants may move for summary judgment where an action has no merit. (C...
2021.02.03 Motion for Security 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.02.03
Excerpt: ...LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The parties' dispute arises out of cannabis business ventures. The FAC sets forth various causes of action against the Defendants. On February 1, 2021, this Court sustained, in part, a demurrer to the FAC filed by Defendants Helios Dayspring, Helios Management Group...
2021.02.02 Motions to Compel 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...rty, (3) dangerous condition caused by negligence of public employees, (4) trespass, (5) nuisance, (6) failure to discharge mandatory duty, and (7) temporary restraining order, and preliminary and permanent injunctions. The Individual Defendants are alleged to be employed with the County. (FAC, ¶¶ 3, 4.) On June 30, 2020, Plaintiffs propounded requests for production (RFPs) – one set to the County, and one set to Mr. Rovenstine. Both the Coun...
2021.02.02 Motion to Declare Vexatious Litigant 189
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...ADA”), and the California Disabled Persons Act (“DPA”), and asserts construction‐related accessibility claims. (Cmp., ¶¶ 1, 8.)1 Plaintiff dismissed the entire action on January 3, 2021. Cheval reports that Plaintiff is a former Arizona attorney who was suspended by the Arizona State Bar on July 11, 2018 after filing over 1,700 fraudulent ADA lawsuits in the state and federal courts. (See RJN, Ex. 1 [AZ suspension] and Strojnik v. Bak...
2021.02.02 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...e of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certification letter;1 (2) a judicial declaration finding Protocol 30 is unconstitutional, invalid, and void on its face under the Administrative Procedure Act; and (3) injunctive relief prohibiting Defendant “administering crushed medicatio...
2021.02.02 Motion for Protective Order 208
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.02.02
Excerpt: ...mic advantage, and unfair trade practices against Plaintiffs. This action arises out of the parties' joint ownership of real property located at 7210 Vineyard Drive, in Paso Robles, California. Defendant now moves for a protective order that the Special Interrogatories, Numbers 1 to 278, Set One, propounded by Plaintiff and Cross‐Complainant Laird Foshay (Sanford Decl., Exh. A; the “Interrogatories”) need not be answered, pursuant to Code o...
2021.01.28 Motion to Contest Good Faith Settlement 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.28
Excerpt: ... arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...
2021.01.27 Motion to Discharge Peremptory Writ of Mandate 576
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ...ber 4, 2018, Petitioner filed its First Amended Verified Petition for Writ of Administrative Mandamus (Code Civ. Proc. § 1094.5) and/or Traditional Mandamus (Code Civ. Proc. § 1085), and Complaint for Injunctive Relief (the “Petition”), against the California Coastal Commission (the “CCC”)1 . On March 19, 2019, the parties filed a stipulation and order dismissing counts two and seven from the Petition. Petitioner challenged a coastal de...
2021.01.27 Demurrer, Motion to Strike 436
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.01.27
Excerpt: ... AG Holdings LLC; AG Investment Holdings, LLC; Patrick Adel Girgis; Adel Girgis; Innovative Investments PBK LLC; Sarwar Payind; Shayan Payind; 8901 PB, LLC; VMG Holdings, LLC; and Valnette Garcia. The FAC sets forth causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) declaratory relief, (4) breach of manager's fiduciary duty/duty of loyalty, (5) breach of manager's duty of care, (6) breach of member's duty of goo...

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