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859 Results

Location: San Luis Obispo x
2021.05.06 Motion for Attorney Fees 224
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.06
Excerpt: ...iability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. The complaint alleges causes of action for (1) fraud; (2) misrepresentation and omission of material facts in violation of Corporation Code section 25401; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; and (5) breach of promissory note1 . On May 5, 2020, Plaintiffs filed proofs of service evidencing service of the summons, c...
2021.05.06 Demurrer, Motion to Strike 626
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.06
Excerpt: ... dismissed Defendants David B. Singer and REG Property Management, Inc., without prejudice. Plaintiffs and the individual Defendants reside in Emerald Hills Estates, a common interest development (the Development) located in the City of San Luis Obispo. The Development is subject to both the Davis‐Stirling Common Interest Development Act (Civ. Code, § 4000, et seq.; the Act) and a Declaration of Covenants, Conditions and Restrictions, which wa...
2021.05.05 Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...d Multiple Other Directly Related Issues; Surcharges and/or Sanctions (“Amended Petition”). The Amended Petition is 180 pages long, with over 240 paragraphs of allegations. The trust at issue is the Carl H. Goedinghaus Family Trust (the “Trust”) created on April 29, 1982, by Carl H. Goedinghaus and Claire Goedinghaus. Upon Carl's death on September 21, 2005, the Trust was subdivided into three subtrusts. Claire remained the sole trustee o...
2021.05.05 Motion to Consolidate 059
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...ivil Procedure section 1048(a), to consolidate the action for all purposes into a single case caption filed in the Probate, as the actions involve common questions of fact and law. Code of Civil Procedure section 1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consol...
2021.05.05 Motion to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...work. On January 22, 2021, Brown received by mail an Inspection Demand, Set 3, served by Plaintiff, and Hefele received an Inspection Demand, Set 2, served by Plaintiff. (Coffin Decl., ¶¶ 3, 4.; Exhs. B, C.) Each contained one Demand for Inspection (the “Demands”) seeking the following: Responding Party is to provide access to her electronic devices, including information stored on the primary device, external servers, the cloud, and delete...
2021.05.05 Motion for Summary Judgment 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...On November 6, 2006, Claire amended Trust A (the “Ninth Amendment”). She amended Trust A again on July 12, 2007 (the “Tenth Amendment”). Trust A became irrevocable when Claire died on July 25, 2012. After her death, a Notification by Trustee under Probate Code section 16061.7 was sent in July 2012 to the Settlors' children advising them that Trust A had become irrevocable. On August 24, 2012, an explanation letter enclosing the Notificati...
2021.05.05 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.05.05
Excerpt: ...y hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On October 23, 2020, Garden Street filed a first amended cross‐complaint (“FACC”) against Specialty.1 The cross‐complaint sets forth causes of action for (1) ...
2021.04.29 Motions to Compel Responses, to Deem RFAs Admitted 234
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ... which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories, special interrogatories, and requests for production of documents (“RFPs”) on Plaintiff. Responses were due on October 21, 2020. When no responses were received, Defendant's counsel sent a meet and confer letter to Plaintiff on October 27, 2020, asking for...
2021.04.29 Motions to Compel Further Responses 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ...ddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional Defendants. The dispute 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 F...
2021.04.29 Motion to Set Aside Default 534
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ...il Procedure section 473.5(a). Bronner's counsel, Harold Mesick, declares that a friend put him in touch with Bronner, and when he reviewed Bronner's paperwork he immediately called Plaintiff's then counsel, Stephen Mitchell, to inquire about setting aside the default and litigating the matter. (Mesick Decl., ¶ 3.) Mitchell agreed to stipulate to set aside the default. (Ibid.) Subsequently a different attorney, James Lee, from the same law firm ...
2021.04.28 Motion for Approval of PAGA Settlement 676
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...tiff's notice of unopposed motion for approval of PAGA settlement. Plaintiff requests the Court issue an order: (1) approving the parties' PAGA settlement; (2) appointing ILYM as the settlement administrator; (3) awarding Plaintiff a Representative Service Award of $5,000; (4) granting Plaintiff's attorney's fee request for $71,750; and (5) providing Plaintiff's counsel reimbursement of $8,537.32 in litigation costs. The PAGA statute provides tha...
2021.04.28 Motion for Sanctions 536
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ... cross‐complaint against Plaintiff. The parties' dispute arises from dueling easement claims between Plaintiff and Epifanio, who are neighbors in Arroyo Grande. Aaron Sr. is Epifanio's son, and Aaron Jr. is Aaron Sr.'s son and Epifanio's grandson. Plaintiff and Epifanio are each represented by attorneys. On November 4, 2019, Aaron Sr. filed a “response” to the complaint pro per and remains unrepresented by counsel. Also on November 4, 2019,...
2021.04.28 Motions to Compel Depositions 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...n, Keith McKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Under the terms of the Trust, upon the death of the first settlor, the Trust's assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary...
2021.04.28 Petition to Compel Arbitration and Stay Proceedings 571
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.28
Excerpt: ...nosis with Coflex, an interlaminar stabilization device, pursuant to wrongful practices. UHC now petitions pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, or, in the alternative, Code of Civil Procedure sections 1281, 1281.2 and 1281.4, to compel arbitration and to stay the proceedings. Plaintiffs do not dispute that the FAA applies. I. Legal Standard Both the FAA and California law favor arbitration. (AT&T Mobility LLC v. Con...
2021.04.27 Special Motion to Strike, Demurrer 478
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...amended complaint on June 26, 2019, and was granted leave by the Honorable Jed Beebe to file a second amended complaint on August 22, 2019. The case was thereafter transferred to this Court as noted above. Plaintiff's second amended complaint (SAC) named as Defendants: The County of Santa Barbara; Child Welfare Services Workers Megan Klopp and Aimee Proietty; Cottage Hospital Social Worker Stacy Peterson; Cottage Hospital Psychiatrist Danielle Lo...
2021.04.27 Motion for Final Approval of Class Action Settlement 176
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...t piece‐rate employee, whereby he allegedly received certain compensation for certain tasks performed (also referred to as “task pay”). Plaintiff's first amended complaint (FAC) alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay all wages owed for rest period time; (3) failure to pay overtime wages; (4) failure to provide first meal periods timely; (5) failure to provide second meal periods; (6) unfair competi...
2021.04.27 Motion for Attorney's Fees 030
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.27
Excerpt: ...between the parties for Defendants' purchase of certain furniture, fixtures, and kitchen equipment related to the restaurant industry (the “FFE”). On September 26, 2018, Ron and Vickie Mullins (the “Mullins”) filed an unlawful detainer complaint against Esperanza Hansen (“Hansen”). (Case No. 18CVP‐0323, the “Mullins Action.”) The dispute concerned Hansen's lease of commercial restaurant space located in Paso Robles, California (...
2021.04.21 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.04.21
Excerpt: ...pecialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On November 3, 2020, Garden Street filed a cross‐complaint against Blum & Sons Electric, Inc. (“Blum”), one of the subcontractors on the Project. The cro...
2021.04.20 Motion to Enforce Settlement 233
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...proximate 3,600‐foot‐long road in Templeton, to which Plaintiff claims he is entitled in perpetuity. Defendants dispute this. Plaintiff alleges that Defendants caused a buyer for Plaintiff's property to cancel the purchase when Defendants claimed that no legal rights to the road exist. Plaintiff alleges he has been unable to market and sell the property due to Defendants' actions. On March 3, 2021, Plaintiff filed a notice of conditional sett...
2021.04.20 Motion to Compel 263
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...es of action for discrimination and harassment based on ancestry, race, and national origin, as well as retaliation under the Fair Employment and Housing Act (“FEHA”), intentional infliction of emotional distress, wage and hour violations under the Labor Code, and unfair business practices under Business and Professions Code section 17200, et seq. On February 28, 2020, Plaintiff served Requests for Production (Set One) on Defendants. On June ...
2021.04.20 Motion to Augment Expert Witness Disclosure 167
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, th...
2021.04.20 Motion for Summary Judgment 003
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.04.20
Excerpt: ...ists of ten parcels, all of which are accessed by a paved common road (i.e., Camino Vina). The parties' dispute arises out of Defendants' lease of their real property to AvantStay, Inc., (“AvantStay”) which conducts a short‐term rental operation at the premises. Currently on calendar is Plaintiffs' motion for summary judgment, or in the alternative, summary adjudication. Plaintiffs argue that AvantStay's activities constitute a breach of Ar...
2021.04.15 Motion to Quash Subpoena 254
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: ... and Chorro Streets in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death because: 1. Defendant, who was aware that Thomas was an alcoholic, nonetheless encouraged Thomas, shortly before his death, to become excessively intoxicated and paid for all of Thomas' numerous alcoholic drinks on the evening of Thomas' death; 2. Defendant failed to call 911 or otherwise report Thomas' excessive ...
2021.04.15 Motion for Judgment on the Pleadings, for Leave to File Complaint 047
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: .... Plaintiff's First Amended Verified Complaint, filed on May 15, 2020, alleges five causes of action to, and for (1) Quiet Title; (2) Enjoin Private Nuisance and Trespass; (3) Declaratory Relief; (4) Damages for Nuisance, Trespass, Trespass to Timber and Slander of Title; and (5) Punitive Damages (the “FAC”). Defendants filed their verified answer on July 2, 2020, in which they admit the allegations in part, deny the allegations in part, and ...
2021.04.15 Demurrer, Motion to Strike 186
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: ... fell due to the debris strewn about from the collision. Plaintiff suffered a fractured hip that required hospitalization and surgery. The first amended complaint (“FAC”), filed on August 28, 2020, sets forth causes of action for (1) motor vehicle negligence, and (2) intentional tort. Plaintiff also seeks punitive damages. Currently before the Court is Defendant's (1) demurrer to the intentional tort cause of action, and (2) Defendant's motio...

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