1806 Results
2024.01.17 Motion to Stay Deposition and Quash Deposition Notice 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...
2024.01.17 Motion to Compel Further Responses 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ... trustee. On November 22, 2015, 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 petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...
2024.01.16 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...
2024.01.16 Demurrer 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...
2024.01.10 Motion to Renew Judgment 633
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...
2024.01.10 Motion to Renew Judgment 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...
2024.01.10 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...
2024.01.09 Motion to Quash 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.09
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.09
Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...
2024.01.04 Petition to Reduce Voting Percentages 533
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...
2024.01.04 Motions to Compel Responses 271
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...
2024.01.04 Demurrer, Motion to Strike 437
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...
2023.12.28 Motion for Award of Reasonable Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.28 Motion to Compel Arbitration 524
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...
2023.12.28 Motion for Leave to File Complaint 255
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...
2023.12.21 Special Motion to Strike 258
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...
2023.12.21 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...
2023.12.21 Motion for Reasonable Award of Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.21 Demurrer 200
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...
2023.12.20 Motion for Trial Setting Preference 320
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...
2023.12.20 Motion for Leave to File TAC 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...
2023.12.20 Motion for Leave to Conduct Mental Exam 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...
2023.12.20 Demurrer, Motion to Strike 569
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...
2023.12.18 Motion for Attorney Fees 191
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...After a five-day trial the Court issued a Ruling on Decision After Trial in favor of Plaintiffs for $40,470.52. Plaintiffs now seek attorney's fees of $197,541.00 pursuant to section Paragraph 25 of the parties' Motel Lease, which provides as follows: In the event of the commencement of any action by either party hereto, or their respective successors in interest, hereon or hereunder or by reason of the breach of any covenant or condition on the ...
2023.12.18 Motion for Reconsideration or for Correction and Clarification of Court Ruling 009
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...
2023.12.18 Petition for Relief from Government Filing Requirements 247
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...
2023.12.14 Motions to Compel Further Discovery Responses 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...rogatories, Set One ("Form Interrogatories"); 3. Defendant's Supplemental Interrogatory ("Supp. Interrogatory"); 4. Defendant's Supplemental Request for Production of Documents ("Supp. RFP"); 5. Defendant's Requests for Admissions, Set One ("RFA"). Plaintiff opposes the motions and argues that his objections have merit and he has provided responsive answers to the extent possible. 1. Standard for Determining Motion to Compel Further Discovery Res...
2023.12.14 Motion for Summary Adjudication 621
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...auses of action for gross negligence and intentional infliction of emotional distress, respectively. Defendants move on the grounds that their complaint of fall well short of the required showing of "extreme" and "outrageous" conduct on behalf of the moving defendants. Plaintiffs oppose the moton as to Shelley only. As to Robert Higginbotham, Plaintiffs do not oppose a dismissal of him as a defendant with respect to their sixth and seventh causes...
2023.12.13 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...
2023.12.13 Motion for Additional Attorney Fees 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...
2023.12.13 Demurrer 540
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...
2023.12.12 Motion to Amend Complaint 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...uger attachment. (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Plaintiff's motion to amend the complaint to add a claim for pun-tive damages. Legal Authority. "The court may, in furtherance of justice, and on any...
2023.12.12 Motion for Entry of Judgment 235
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Danna Dec.); Ex. 1. Stip., 1, 2.) Judgment shall not be entered in favor of Plaintiff and against Defendant so long as Defendant pays to Plaintiff the compromise sum of $2,365 by making an initial payment of $111, followed by payments of $98 per month until the compromise amount was paid. (ld., 'l 3.) Should Defendant default, she is entitled to a noticed motion to enter judgment pursuant to the stipulation in the amount of $3,637.38, less paymen...
2023.12.12 Demurrers to FAC 267
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Verduzco), (2) negligence (against CDSH and CDCR), and (3) negligent entrustment, hiring, supervision, training, and/or retention (against CDCR). Plaintiff alleges he is currently in custody with CDSH in Coalinga. (FAC, 1.) Plaintiff alleges that Adame and Verduzco were hired and employed by the State of California, by and through COCR, and also alleges Adame and Verduzco are employed by CDSH. (ld. at "1 31, 32, 35, 45.) Plaintiff alleges he has ...
2023.12.12 Demurrer 173
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Counties), Louis Carnesale (Louis) 1, John Carnesale (John), and the City of Atascadero. 10850, Tri Counties and John Carnesale (collectively Defendants) now demur to the complaint as a whole as alleged against them and to each of the first four causes of action .2 Defendants demur to all causes of action on the grounds that the pleading is internally inconsistent as to the date for the alleged actionable event and on the grounds that each cause ...
2023.12.07 Motion for Final Approval of Class and PAGA Settlement, for Class Counsel Award and Class Representative Service Payment 533
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ifornia. Plaintiff worked for Defendants from March 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. In March, 2023, Plaintiff and Defendants entered into a Stipulation of Settlement of Class and PAGA Acton Claims and Release of Claims ("Settlement Agreement"). (Declaration of Jean-Claude Lapuyade ("Lapuyade Decl."), Ex. 1.) Plaintiff did not notify the Labor and Workforce Develo...
2023.12.07 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...m SLOCAL. SLOCAL moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton. On November 28, 2023, after their opposition was filed,...
2023.12.07 Motion to Compel Arbitration and Stay Litigation Pending Arbitration 307
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ky Car Wash Associates, L.P.; Quiky Car Wash, LLC (collectively "Defendants"); and Sun Day Carwash, Inc. ("Sun Day"). Plaintiffs' complaints sets forth fifteen causes of acton. The summary of Plaintiffs' claims is as follows: Defendants Hamish Marshall ("Marshall") and Rodney Cegelski ("Cegelski") (collectively, the "Individual Defendants"), individually and through their entities, are wrongfully taking steps to cause (1) the asset sale of Nomina...
2023.12.07 Motions to Compel Further Discovery Responses 259
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...hell Tae-Yeon Kim is Grace's sister. Grace's father, Kenny Kim, is not a party to this action. (Compl., '1 8.) The dispute centers around real property located at 802 Park Way in Arroyo Grande (the Property). Plaintiffs allege that Mary and Kenny, through the Trust, purchased the Property in 2018 for Plaintiffs and their young son to live in with the understanding that Plaintiffs would make payments on the Property for thirty years, or until 2048...
2023.12.06 Motion for Summary Judgment, Adjudication 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...
2023.12.06 Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...
2023.12.05 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code section 3294. Defendants' coun...
2023.12.05 Motion to Set Aside Dismissal and Enter Judgment 257
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...ocedure secŸon 664.6. This Court entered an order for dismissal that retained jurisdicŸon pursuant to the parŸes' request on July 9, 2021. NaŸonwide now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure secŸon 664.6. Code of Civil Procedure secŸon 664.6 provides that: If parŸes to pending liŸgaŸon sŸpulate, in a wriŸng signed by the parŸes outside of the presence of the court or orally...
2023.12.05 Motion to Disqualify Attorneys of Record 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...cannabis in violation of County regulations. The County initiated two administrative actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceed-ngs. (Ibid.) Plaintiff alleges the Armstrong Defenda...
2023.12.05 Demurrer 116
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross-complaint against Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross-complaint against various Cross-Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of Ame...
2023.11.30 Motion to Set Aside Summary Judgment on Bond Forfeiture 762
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...nitial forfeiture gave the bail agent 185 days from the date of forfeiture to locate and return Ms. Vargas to custody. (Pen. Cade, S 1305.) On January 13, 2023, notice of the forfeiture was sent to Bail Hotline's agent and its surety, Financial Casualty and Surety, Inc. (Moving Party). This notice informed Bail Hotline's agent and Moving Party that the forfeiture would become absolute on July 23, 2023, following the 185-day statutory timeframe ou...
2023.11.30 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...tion of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV-0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FAC on the grounds that they are fraudul...
2023.11.30 Demurrer to SAP 315
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...ment Permit Project No. P20-000076 (the Administrative Permit). Currently before the Court is the City's demurrer to the SAP on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. Specifically, the City argues that Petitioners' claim is barred by the relevant statute of limitations. (Gov. Code, S 65009, subd. Section 65009, subdivision (c)(1)(E) requires that any action challenging cond...
2023.11.29 Motion to Lift Stay and Stay Arbitration Proceedings 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.29
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.29
Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...
2023.11.27 Motion to Tax Costs 158
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.27
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.27
Excerpt: ...e Court." (Minutes, 05/24/23.) Plaintiff has not yet done so. On July 28, 2023, Defendant filed a Motion to Tax Costs. Defendant notes that the motion is in response to a Memorandum of Costs Dated July 11, 2023, served on his counsel that same day. Plaintiff never filed a Memorandum of Costs with the Court. under California Rules of Court, rule the prevailing party must serve and file memorandum of costs within a specified number of days after en...
2023.11.22 Motion for New Trial, to Vacate Judgment 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...
2023.11.22 Motion for Summary Judgment 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...
2023.11.21 Demurrer 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...
2023.11.21 Motion to Compel Further Responses 218
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...
2023.11.21 Motion for Judgment on the Pleadings 318
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...
2023.11.21 Motion for Summary Judgment 774
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...
2023.11.16 Motion to Enforce Settlement 618
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...
2023.11.16 Motion to Compel Further Responses 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...
2023.11.16 Motion to Compel Deposition 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...
2023.11.16 Motion for Summary Judgment 616
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...
2023.11.15 Motion for Leave to File FAC 719
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.15
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.15
Excerpt: ...quest by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit "A". The Plaintiff has performed all conditions precedent to bringing this action orthe same have been waived by the ...
2023.11.14 Motion for Summary Judgment, Adjudication 263
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Excerpt: ... to local hospitals including Marian Medical Center (Marian). Marian contracts with PHC for these services and pays PHC accordingly. CCOMG is the local orthopedic group that provides services to Marian and other affliated and non-affiliated hospitals in the area. (Mtn., p. 5, II. 25-28.) The FAC names PHC on the fourth and fifth causes of action, i.e., breach of contract and promissory estoppel, respectively. PHC seeks summary judgment, or in the...
2023.11.14 Motion for Bond, to Stay, Demurrer 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.14
Excerpt: ...Van Steenwyk-Marsh GSTTrust and The Gretchen Marie Van Steenwyk-Marsh Issue Trust; and derivatively on behalf of Nominal Defendants Applied Technologies Inc. and ATA Ranches, Inc. filed a lawsuit. On 10, 2023, Plaintiff filed a first amended complaint (FAC). The named Defendants in the FAC include Kedrin E. Van Steenwyk, individually as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1995 Revocable Trust; Daniel Car...
2023.11.09 Motion to Compel Further Responses 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...
2023.11.09 Motion for Summary Judgment 185
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...
2023.11.09 Motion to Compel Arbitration 524
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...e of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration (AAA), and for a stay of the action pending arbitration. The moton and supporting papers were served on Defendants' counsel on October 4, 2023; no opposition is on file. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Hey...
2023.11.09 Motion to Dismiss, to Strike 414
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...
2023.11.09 Motion to Deem RFAs Admitted, to Compel Responses, for Terminating Sanctions 646
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...
2023.11.09 Motion to Stay 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...
2023.11.09 Motion to Renew Judgment 083
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...
2023.11.08 Motion to Expunge Lis Pendens 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...pleton Property). On November 22, 2015, 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. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...
2023.11.08 Motion to Dismiss 175
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin November 13, 2023. Defendant Ezzell now brings a moton to dismiss...
2023.11.08 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...
2023.11.08 Discovery Motions 361
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...
2023.11.08 Demurrers, Motions to Strike, Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.08
Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...
2023.11.07 Motion for Summary Judgment 313
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.07
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.07
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.) Factual Background. Plaintiff's lawsuit relates to her pro#rty located at 5295 Toro Creek Road in Atascadero (the Property). Plaintiff alleges that...
2023.11.02 Demurrer, Motion to Strike FAC 106
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...o Plaintiff's First Amended Complaint ("FAC"). Defendants demur to the Third Cause of Acton for Breach of Covenant of Quiet Enjoyment and Fourth Cause of Action for Breach of Implied Warranty of Habitability. Defendants move to strike allegations in paragraphs 1, 21, and 28 of the FAC for punitive damages and the prayer for punitive damages. 1. Legal Standard for Demurrer A demurrer tests the legal sufficiency of the allegations in a complaint. I...
2023.11.02 Petition for Writ of Administrative Mandamus 652
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...ract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross-complaint against the City for breach of contract, breach of the implied covenant of gtncl faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. Factual Background First Debarment On December 19, 2017, after a competitive bidding process, the City awarded VLS a contract in the amount of $2,091,486 for the Five Cites...
2023.11.02 Motion for Preliminary Approval of Class Action Settlement 513
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.02
Excerpt: ...aintiff had filed a PAGA Representative Action (Case No. 21CV-0651) (the PAGA Acton). Plaintiff reports the matter has settled and moves for preliminary approval of the Joint Stipulation of Class Action Settlement (the Agreement). Civ. Proc., S 382; Cal. Rules of Court, rule 3.769.) Specifically, Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) certifying a class for settlement purposes; (3) appointing Plaintiff as the cl...
2023.11.01 Motion to Enforce Settlement 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...
2023.11.01 Motion to Compel Arbitration 695
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...
2023.11.01 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...
2023.11.01 Demurrer to SAC 126
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...
2023.11.01 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.01
Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...
2023.10.31 Motion to Seal 247
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.31
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.31
Excerpt: ...exhibit is a psychological report of PeŸŸoner prepared by Premier Forensic Psychology. The version Þled with the peŸŸon has been redacted. An unredacted version has been lodged “CondiŸonally Under Seal” in connecŸon with this moŸon. “Unless conÞdenŸality is required by law, court records are presumed to be open.” (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court, however, may order that a record be Þled under ...
2023.10.26 Motion to Expunge Lis Pendens 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...
2023.10.26 Motion to Bifurcate Punitive Damages 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...
2023.10.26 Motion for Leave to File Complaint in Intervention 221
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.26
Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...
2023.10.25 Demurrer to SAC, Motion to Quash Subpoenas, for Protective Order 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...) demurrer to Plaintiff's Second Amended Complaint (SAC). Also on calendar is Plaintiffs Motion to Quash Subpoenas for Production of Business Records and Request for Protectve Order. l. DEMURRER The Court previously sustained Gordon and Orchard City's (collectively Defendants) demurrer to the FAC with leave to amend. In sustaining the demurrer, the Court found that Plaintiff had provided no authority or explanation as to why an employer's violati...
2023.10.25 Demurrer 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...(Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $3W,OW. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (lis pendens) on September 12, 2022, and a corrected lis pendens on September 13, 2022....
2023.10.25 Motion for Preliminary Approval of Class Action Settlement 131
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... cash value of less than $10M. Such failures are alleged to be in violation of Civil Code section 1749.5, subd. (b)(2).1 The primary relief sought is equitable relief. Now before the Court is Plaintiff's unopposed motion for preliminary approval of class action settlement and conditional certification of the class. Plaintiff seeks an order: (1) preliminarily approving the settlement; (2) provisionally certifying a plaintiff class; (3) appointing ...
2023.10.25 Demurrers, Motions to Strike, for Summary Adjudication 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ... Company, a California partnership, who Plaintiff hired for a remodeling project at 1343 Higuera Street (the Property). (FAG 3-5.) Plaintiff alleges claims for 1) breach of contract; 2) negligence; 3) intentional misrepresentation; 4) rescission; 5) restitution; 6) money had and received; 7) breach of the covenant of good faith and fair dealing; and 8) exemplary and punitive damages arising out of the construction contract and remodel. Now before...
2023.10.25 Motion for Determination of Good Faith Settlement 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...n Brothers Tree Care, Inc. (Bunyan) and Agera Grove Investments, LLC (Agera). 1 Plaintiff alleges he was injured while working at property located at or near 6fl Tank Farm Road in San Luis Obispo (the Property) on October 6, 2021, when a large tree branch fell on him. Agera owns the Property on which the tree is located. Several cross-complaints have been filed, including one filed by Bunyon on June 26, 2023, which names, among others, Terra Verd...
2023.10.25 Motion to Compel Arbitration 564
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.25
Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...
2023.10.24 Motion to Quash Deposition of Non-Party Witness 358
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ... 1994 Trust, the settlor executed a restatement of trust on March 2, 2010 (the 2010 Restated Trust). On February 4, 2020, the petitioners filed a First Amended Pettion alleging wrongdoing by the trustee, Deborah Foster-Swenson2 (Swenson). Bruce has since settled and dismissed his claims, leaving Sarah Foster as the sole remaining petitioner. On April 25, 2022, Sarah Foster (Petitioner) filed a Second Amended Petition (the SAP). The 1994 Trust dir...
2023.10.24 Demurrer 112
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ...t. Steve, SC8C, and CCV (collectively Defendants) have filed a special and general demurrer to each of the complaint's thirteen causes of action. Plaintiff opposes the demurrer. The demurrer is overruled except for the first and tenth causes of action. The demurrer to the first cause of action is sustained without leave to amend, and the demurrerto the tenth cause of action is sustained with leave to amend. l. Legal Standard A demurrer challenges...
2023.10.24 Demurrer 058
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.24
Excerpt: ...d amended complaint. On April 7, 2023, a fourth amended complaint (4thAC) was filed by Crosbie alone (hereinafter, Plaintiff) after Beraud apparently settled her claim with Defendant. (4thAC 3.) Defendant now demurs here to the first, third, and fourth causes of action in Plaintiff's 4thAC. Plaintiff opposes the demurrer.l l. Background Plaintiff is 51 years old and has been working at California Department of State Hospitals - Atascadero as a Re...
2023.10.19 Motion to Expunge Lis Pendens 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ...on (Case No. 23CV-0157) seeking to quiet title to real property identified as 813 Trouville, Grover Beach, California (the Property) against 441S5th, LLC and Zion Jerge (Moving Parties). The two matters, along with two other cases, were consolidated in April 2023. On April 10, 2023, Nevis recorded a Notice of Pendency of Acton (Lis Pendens) with the San Luis Obispo County Recorder's Office. On August 31, 2023, the Court dismissed the quiet title ...
2023.10.19 Motion to Bifurcate Punitive Damages 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ...or an order bifurcating the punitive damage phase of the trial from the liability phase of trial, and excluding all evidence of the wealth, profits and/or financial condition of any defendants unless and until the trier of fact returns a verdict for Plaintiffs against Defendants awarding actual damages and finding any Defendants guilty of malice, oppression or fraud in accordance with Civil Code section 3294. The Court grants Defendants' request ...
2023.10.19 Motion for Leave to File Complaint in Intervention 221
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.19
Excerpt: ... ("Insurer") prov-des worker's compensation insurance to Monterey Peninsula Horticulture ("Employer") and asserts that Plaintiff was acting within the course and scope of employment with Employer when he was injured. (Motion for Leave to File Complaint in Intervention ("Motion"), p. 2, Ins. 3-7.) Insurer has paid and continues to pay workers' compensation benefits to, and on behalf of Plaintiff, and desires to intervene in this lawsuit to seek re...
2023.10.17 Motion to Proceed Pseudonymously, for Protective Order 248
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...rmination in violation of public policy, and intentional infliction of emotional distress. Now before the Court is Plaintiff's motion for leave to pseudonymously and for a protective order. There is no proof of service for either the Complaint or the instant motion. l. Background Plaintiff is an undocumented Venezuelan citizen, who was employed by Taste! from November 2022 until April 13, 2023. (Complaint '15.) During her employment interview, Pl...