Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

551 Results

Location: San Luis Obispo x
2020.07.02 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, inc...
2020.07.02 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...
2020.07.02 Motion for Preliminary Injunction 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...
2020.07.02 Demurrers, Motion to Strike 252
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...
2020.07.02 Motion to Tax Costs 389
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...
2020.07.01 Petition for Writ of Mandate 321
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ...l circumstances' exception at issue here. That exception provides that a categorical exemption may not be used ‘where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.' (Guidelines, § 15300.2, subd. (c).) (World Business Academy v. State Lands Commission (2018) 24 Cal.App.5th 476, 491 [internal citations omitted].) Two alternative analyses apply when determining ...
2020.07.01 Motion to Quash 002
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ... request for entry of default was filed by Plaintiff but rejected, as the Proof of Service failed to attach either a completed notice of acknowledgment and receipt or a signed return receipt. On June 10, 2020, Defendant specially appeared and filed a motion to quash service of summons pursuant to Code of Civil Procedure section 418.10 on the grounds that the summons and complaint were not properly served on him and the Court lacks jurisdiction. P...
2020.07.01 Motion to Amend Protective Orders 083
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.07.01
Excerpt: ...om Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action. The class is defined as all non‐exempt employees of Clearwater and Custom Labor, who have worked i...
2020.06.30 Motion to Set Aside Default Judgment 156
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...tions 473 and 473.5 on the grounds that the judgment is void as a matter of law because Plaintiff failed to properly serve Collect Access. Plaintiff opposes the motion. Plaintiff filed a Proof of Service of Summons on November 20, 2018, declaring that Collect Access was served by substituted service (the “Proof of Service”). On March 4, 2019, Plaintiff filed and served his Request for Entry of Default against Collect Access. On July 15, 2019,...
2020.06.30 Motion to Quash 144
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...insured motorist who was in an accident with Ms. Armstrong on February 25, 2017, at 2214 Main Street in Cambria near the French Corner Bakery. (Compl., ¶¶ 5‐7.) Plaintiff alleges it paid $250,000 under Ms. Armstrong's policy, and now seeks to recover that amount from Defendant. (Compl., p. 3, ll. 15‐17.) Plaintiff filed a proof of service of the summons, complaint, and other relevant documents, purporting to show Defendant was served via su...
2020.06.30 Motion for Attorneys' Fees 149
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.30
Excerpt: ...et seq.). The Act is commonly known as California's “lemon law.” The dispute arises out of Plaintiff's purchase of a used 2010 Ford Fusion in June 2013. The vehicle's purchase price was $24,909.00, which included the price of the car, taxes, optional service plans and coverage, and financing charges. On May 1, 2019, Plaintiff served Ford with an offer to compromise under Code of Civil Procedure section 998 in the amount of $59,351.08.1 The pa...
2020.06.24 Demurrer, Motion to Strike 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ... amended complaint (SAC) includes causes of action for (1) financial elder abuse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) constructive trust; (7) negligence; (8) negligent infliction of emotional distress; (9) intentional infliction of emotional distress; (10) professional negligence by an attorney; (11) breach of fiduciary duty; (12) breach of fiduciary trust d...
2020.06.24 Demurrer 747
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...ontract (CC&Rs) (against Orradre), (3) professional negligence (against Martin), and (4) breach of written contract (management agreement) (against Martin). Plaintiffs allege they own commercial real property at 1550‐1566 West Branch Street in Arroyo Grande (Parcel B), and that Orradre Ranch (Orradre) owns commercial real property at 1570 West Branch Street in Arroyo Grande (Parcel A). (Compl., ¶¶ 1, 2.) Plaintiffs allege that Mr. Martin is a...
2020.06.24 Motion to Compel Depositions of Third Parties 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. On November 22, 2016, Decedent's son, 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 pe...
2020.06.24 Motion for Terminating Sanctions 257
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ... controlled by Union Pacific. (FAC, p. 4.) Plaintiff alleges that on the property was a dangerous condition, namely an abandoned thick metal cable, secured to the ground on one end and hidden by heavy vegetation. (Ibid.) While Plaintiff was riding his Dirt Bike the cable caught on his left foot, causing Plaintiff to suffer multiple foot and ankle fractures. (Id. at p. 5.) Plaintiff fell off the Dirt Bike onto the ground, which caused other injuri...
2020.06.24 Motion to Compel, Demurrer 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.24
Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...
2020.06.23 Motion for Preliminary Injunction 282
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.23
Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...
2020.06.23 Demurrer 247
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2020.06.23
Excerpt: ...igence; (2) general negligence; (3) assault; (4) battery; and (5) elder abuse under Welfare and Institutions Code section 15600, et seq. Defendant is named in all five causes of action as an individual defendant, but is named as a defendant in his capacity as trustee of the Trust on only the first two causes of action. The FAC alleges that on August 17, 2017, Plaintiff was a guest in Defendant's home when Defendant came into contact with Plaintif...
2020.06.18 Motion to Stay Civil Proceedings 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...
2020.06.18 Motion for Trial Preference 328
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... trial setting under Code of Civil Procedure section 36,1 which provides as follows: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in litigation. P...
2020.06.18 Motion for Summary Judgment, Adjudication 115
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...orth various affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is US Bank's motion for summary judgment, or in the alternative summary adjudication. The motion addresses the first two causes of action. No opposition has been filed. As an initial matter, the Court grants US Bank's request for judicial notice. (Evid. Code, § 452(a)‐(c).) As the moving party, US Bank has the initial burden ...
2020.06.18 Motion for Summary Judgment 807
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... (the Citation) against Plaintiff, assessing a penalty in the amount of $17,100. (Compl., p. 4, ¶¶ 1, 2.) Plaintiff alleges the Citation asserts certain regulatory failures and that such failures presented an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result. (Compl., p. 4, ¶ 3.) Plaintiff alleges that the asserted regulatory failures did not occur, “or were ...
2020.06.18 Motion for Preliminary Injunction, to Compel Responses 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...
2020.06.18 Motion for Good Faith Settlement Determination 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...
2020.06.17 Motion to Compel Responses, Demurrer 523
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2020.06.17
Excerpt: ...is program, Plaintiff alleges he was given polygraph testing conducted by the Defendant. Plaintiff claims that Defendant misrepresented the results of Plaintiff's polygraphs, causing Plaintiff damages and setbacks in his treatment program. On November 15, 2019, Plaintiff filed a first amended complaint (FAC), and then on January 9, 2020, Plaintiff filed a second amended complaint (SAC). Plaintiff's SAC lists six unspecified “causes.” Now befo...

551 Results

Per page

Pages