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1329 Results

Location: San Luis Obispo x
2022.09.22 Motion for TRO and Preliminary Injunction 689
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.22
Excerpt: ... Trust UDT dated 2/27/01, and Marco Specchierla on December 31, 2020 (the “Cziraki Action”). Plaintiffs filed a First Amended Complaint on March 22, 2021. They assert causes of action for: (1) wrongful interference with easement; (2) quiet title to easement; (3) trespass: (4) nuisance; (5) intentional infliction of emotional distress; (6) declaratory relief; and (7) injunctive relief. Now before the Court is Plaintiff's Motion for Temporary R...
2022.09.15 Motion to Set Aside Dismissal 070
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... appear at a case management conference. As a result, the Court set an OSC re Dismissal for hearing on September 14, 2021. On May 24, 2021, Plaintiff filed an ex parte Application for Writ of Possession and a request for a TRO. At a hearing conducted on July 6, 2021, the Court found that Plaintiff had established the probable validity of his claim to possession of the Jeep, and probable cause to believe it was located at Defendant's property in A...
2022.09.15 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ... to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his s...
2022.09.15 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...lileo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed...
2022.09.15 Demurrer 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.15
Excerpt: ...ud and deceit; and (4) dissolution and accounting. On December 27, 2021, Defendants (hereinafter referred to as Cross‐Complainants) filed a cross‐ complaint against all three Plaintiffs (hereinafter referred to as Cross‐Defendants) alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) negligent misrepresentation of a material fact; (4) intentional misrepresentation of a ...
2022.09.14 Motion to Strike 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...es against Ulberg only. Ulberg now moves to strike Plaintiff's claim for punitive damages. (FAC, p. 3, ¶ 14; Exemplary Damages Attachment.) Ulberg contends that the allegations of Plaintiff's FAC are conclusory and that she fails to allege sufficient facts to establish malice or despicable conduct. Plaintiff opposes the motion. Counsel for Ulberg met and conferred with counsel for Plaintiff prior to filing the motion, but the parties were unable...
2022.09.14 Motion to Set and Fix Amount of Bond 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...hn W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Dan2 ) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defen...
2022.09.14 Motion for Preliminary Approval of Class Action Settlement 016
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.09.14
Excerpt: ...and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The action was settled and on May 4, 2022, the Court preliminarily approved the settlement. Plaintiff has now filed a Motion for Final Approval of Class Action Settlement, Class Representative's Enhancement Payment, and Attorneys' Fees and Costs (“Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed. The settl...
2022.09.13 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...t yet been issued. The City of Atascadero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is ...
2022.09.13 Motion for Evidentiary Sanctions, to Compel Responses, for Monetary Sanctions 217
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2022.09.13
Excerpt: ...fered severe burns to her wrist and thigh when a vape device in her purse exploded. Plaintiff asserts causes of action for strict liability, negligence, and breach of warranty against Defendants. Vapor filed an answer on July 23, 2021. Now before the Court are two unopposed discovery motions filed by Plaintiff: (1) Motion for evidentiary sanctions based on Vapor's failure to respond to requests for admissions (RFAs); and (2) Motion to compel Vapo...
2022.09.01 Motion for Leave to File Amended Answer 644
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...oute 41 in San Luis Obispo County. The named Defendants include Haneul Kyung Lee (Lee), the California Department of Transportation (Caltrans), CHG Medical Staffing, Inc. (CHG), DaVita, Inc. (DaVita), and Foundation Medical Staffing (FMS). On July 22, 2021, the Court granted Plaintiffs' motion for leave to file a fourth amended complaint (4th AC). On August 3, 2021, Plaintiffs filed the 4th AC. On August 16, 2021, Defendants CHG, DaVita, and FMS ...
2022.09.01 Motion for Summary Judgment, Adjudication 610
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...enforcement; and (2) breach of fiduciary duty against Kern Legacy Classic Choice a/k/a/ County of Kern Point of Service Employee Medical Plan a/k/a Ken Legacy Health Plan a/k/a Kern Legacy Health Plan Employee and Retiree Medical Benefit Plan a/k/a County of Kern Health Plan POS Medical Plan a/k/a POS Medical Plan a/ka/a county of Kern Health Plan a/k/a County of Kern Medical Plan; the County of Kern (collectively the County). Plaintiffs now move...
2022.09.01 Motion to Enforce Settlement 617
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...2, plus court costs (per a memorandum of costs). Plaintiff, however, agreed to hold off seeking entry of judgment provided Stroub followed a payment plan set forth in the Agreement. The parties also jointly requested that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6) to enforce the Agreement's terms. The Court agreed to such retention, ordering: The court hereby approves the settlement of the parties an...
2022.09.01 Motion to Set Aside Dismissal 001
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.09.01
Excerpt: ...aintiff alleges that Defendant presented a check in the amount of $2,000 to Plaintiff as a payment in an unrelated case, San Luis Obispo Superior Court case no. 14CV‐0279, and the check was returned for insufficient funds. Plaintiff's complaint seeks damages in the amount of the check ($2,000), plus treble damages pursuant to Civil Code section 1719, subdivision (a)(2), prejudgment interest, and attorney fees pursuant to Civil Code section 1717...
2022.08.25 Motion for Summary Judgment 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ... undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surg...
2022.08.25 Motion for Appointment of Counsel 471
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.25
Excerpt: ...eo) to undergo a spinal tap. Plaintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting, but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed hi...
2022.08.24 Motion to Enforce Settlement 169
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...inst Successor Trustee, Kristen R. Barba (“Respondent”). On April 3, 2021, the parties entered into settlement agreement pursuant to which they agreed to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6 (“Section 664.6”) (“Agreement”.) On January 24, 2022, the parties appeared before the Court for an Order to Show Cause re: Dismissal hearing. At that time, all the terms of the Agreement had been comple...
2022.08.24 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ..., or in the alternative summary adjudication (MSJ). On July 19, 2022, Plaintiff filed a motion to continue the County's MSJ pursuant to Code of Civil Procedure section 437c(h).1 The County opposed the motion. Prior to the initial hearing on the motion, the Court posted a tentative ruling that anticipated denying the motion on the grounds that Plaintiff had not made the requisite showing. At the hearing, counsel provided further information, and t...
2022.08.24 Motion to Compel Compliance with Deposition Subpoenas 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.24
Excerpt: ...n subpoenas that were personally served on two non‐party witnesses: Kevin De La Cruz (De La Cruz) and Jimmy Cervantes (Cervantes) (the Deponents). The Deponents both failed to appear at their depositions, and Defendant's counsel made a record of the non‐appearances and now seeks monetary sanctions against the deponents, as well as an order compelling them to comply. When the motions initially came on calendar, they had not been served on the ...
2022.08.23 Motion to Dismiss 196
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...adero (the City) nonetheless responded by filing a demurrer and motion to strike. Although not specifically named as a defendant, the City assumed that Plaintiff intended it as a defendant because (1) Plaintiff wrote the short title of the case as “Brasuell v. Atascadero Police” and “Brasuell v. Atascadero,” and (2) paragraph 5 of the complaint states it is against the “Atascadero Police,” which is “a public entity.” Despite two c...
2022.08.23 Demurrer 242
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.23
Excerpt: ...r part of a tree when the lift came into contact with an electrical wire. (FAC, ¶¶ 1, 10.) The contact caused electric current to pass through his body causing him injury. (FAC, ¶ 1.) The incident took place on November 23, 2019. (FAC, ¶ 10.) The FAC names PG&E as a defendant in the fourth (strict liability), fifth (loss of consortium), and sixth (negligence) causes of action. Before the Court is PG&E's demurrer to the fourth cause of action....
2022.08.18 Petition for Writ of Administrative Mandamus 554
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...) is attached to the Petition. “[I]n the absence of the administrative record, the sufficiency of the evidence is not an issue open to question. Rather, we must presume that the findings were supported by substantial evidence.” (Caveness v. State Personnel Bd. (1980) 113 Cal.App.3d 617, 630.) I. BACKGROUND On March 31, 2021, the District sent a Notice of Intended Disciplinary Action – Termination to Crawford, which included an investigati...
2022.08.18 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 479
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...xecuted a Stipulation for Settlement (“Stipulation”) and the matter was dismissed. Plaintiff now seeks to enforce the parties' Stipulation and have judgment entered pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). Specifically, Plaintiff seeks judgment of $7,956.36, which represents the amount still owing under the Stipulation, plus court costs of $265. The Court entered a dismissal on October 25, 2021. Currently befor...
2022.08.18 Motion to Compel Second Deposition 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ... the Court is Plaintiff's motion to compel Williams to appear at second deposition and request for monetary sanctions in the amount of $4,500.00. Legal Authority “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code...
2022.08.18 Motion to Compel Production of Docs, for Monetary Sanctions 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.18
Excerpt: ...duce documents and for monetary sanctions in the amount of $4,500 against Guimaraes and/or his counsel. Discussion At the outset, it is unclear to the Court to which set of discovery Plaintiff seeks further responses and responsive documents. Plaintiff first outlines requests for production that were served on the Guimaraes Defendants (one to Guimaraes, and one to Central Coast Behavioral Health) on February 8, 2021. To the extent Plaintiff seeks...

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