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1662 Results

Location: San Luis Obispo x
2023.10.24 Demurrer 112
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
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
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
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
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
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...
2023.10.17 Motion for Summary Judgment 003
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...d Fair Dealing and violation of Business and Professions Code section 17200, et seq. Plaintiff seeks damages and equitable relief. According to Plaintiff's Complaint, on or about September 4, 2015 [sic]l , Plaintiff executed a non-negotiable promissory note and a Deed of Trust on his property. On May 23, 2012, Plaintiff suffered a work-related injury. The injuries caused Plaintiff to be unable to continue working as he required multiple surgeries...
2023.10.17 Demurrer, Motion to Strike FAC 302
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...arbara Lane, presiding) sustained in part and overruled in part the District's demurrer to the complaint. Likewise, the Court granted in part and denied in part the District's motion to strike the complaint. Plaintiffs filed their first amended complaint (FAC) on March 30, 2023. As against the District, Plaintiffs' FAC asserts causes of action for violation of the Unruh Civil Rights Act (Unruh), violation of the Americans with Disabilities Act (A...
2023.10.17 Demurrer 098
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.17
Excerpt: ...rsuant to Cade of Civil Procedure section 430.10, (e) and (f). Pearce demurs on the grounds that Plaintiff's claims are barred because he cannot establish publication of any alleged defamatory statement. Plaintiff opposes the demurrer. For the reasons set forth below, the demurrer is sustained without leave to amend. l. Background Plaintiff was employed by Pearce as a cell phone tower maintenance worker from April 2021 until May 3, 2022. (FAC 8.)...
2023.10.12 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ... cancellation 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 Rentals, 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 complaint to be fraudu...
2023.10.12 Demurrer 638
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ...h of the covenant of good faith and fair dealing; 4) specific performance; 5) accounting; and 6)-7) declaratory relief. The action arises out of an alleged partnership between Plaintiff and Defendants to purchase and develop property. Plaintiff seeks an order that Jack Ranch transfer two lots of land to Plaintiff or in the alternative he seeks more than in damages. Defendants demur to the first and fifth causes of action pursuant to Code of Civil...
2023.10.12 Motion for Tardy Expert Designation 578
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ...hat the rodents caused significant damage to the Property. On December 16, 2022, the Court granted the motion to strike expert witness designation filed by Defendants OiC Real Estate Services, Inc. (OiC) and Kristenann Murchison (Murchison). In their motion, Defendants argued that the expert designation was not only tardyl but also failed to include a declaration from counsel in support describing the expert witness's areas of expertise. In grant...
2023.10.12 Motion to Deem RFAs Admitted, for Sanctions 211
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.12
Excerpt: ... 2021, Defendants filed their answer. At the same time, Defendants propounded their initial round of discovery on Plaintiff which consisted of form and special interrogatories and requests for production of documents. (Declaration of Christopher J. Mohamed (Mohamed Decl.) 3.) Plaintiff provided responses on September 8, 2021, and on January 25, 2022, Defendants filed their first amended answer to the complaint. On August 15, 2022, Plaintiff's for...
2023.10.11 Special Motion to Strike, to Seal Peer Review Info 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... 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 that he was terminated for an alleged medical disciplinary cause or reason and his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code secti...
2023.10.11 Motion to Set Aside Dismissal 946
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ... of Laura M. D'Anna ("D'Anna Decl.") 4.) Shortly after being served, Defendant contacted Plaintiff's counsel and the parties agreed to a settlement spread out in monthly payments. (ld., 5.) On or about August 11, 2020, Plaintiff's counsel filed a Notice of Settlement, advising the Court that the settlement would be completed prior to December 30, 2022, and a dismissal would be filed. (ld., 6.) On August 14, 2020, the Court filed a Notice of Dismi...
2023.10.11 Motion for Return of Wrongfully Taken Trust Funds, OSC Re Contempt 180
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...rty). Petitioner alleges that when assumed the office of trustee in 2013 (after the settlors' deaths), the Property was unencumbered, and that since then, Respondent has borrowed approximately $550mo in secured loans against the Property. The dispute is set for trial in April 2024. On February 17, 2022, the Court issued an order instructing Respondent to execute the dtNuments necessary to complete the sale of the Property and direct that all proc...
2023.10.11 Demurrers 667
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...s 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 his staff privileges were wrongfully terminated without adequate notice or hearing as required by California Business and Professions Code sections 809 et seq. and common law ("Comp...
2023.10.11 Demurrer 491
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.10.11
Excerpt: ...o provide necessary medical assistance which ultimately led to Plaintiff suffering a painful urinary tract infection. Defendant demurs to the FAC pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant demurs on the grounds that Plaintiff's claims are barred because the achon was not brought within six months of the rejection of his government claim and because the FAC fails to state a claim for negligence. Plaintiff oppose...
2023.10.10 Pitchess Motion 139
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...istian's employment and personnel records pursuant to Evidence Code Section 1043 (Pitchess motion). l. Legal Standard Penal Code section 832.7 provides that peace officer personnel records are confidential and shall not be disclosed in any civil proceeding except by discovery pursuant to Evidence Code sectons 1043 through 1047.2 (See also Pen. Code, S 832.8 [defining "personnel records"l.) The Pitchess statutory scheme set forth at Evidence Code ...
2023.10.10 Motion to Vacate Entry of Sister-State Judgment and Stay Enforcement, to Quash or Set Aside Default 086
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ers agreed to service of process by registered or certified mail, return receipt requested sent to 751 Higuera Street in San Luis Obispo, California (the Service Address). (Id„ Ex. A [Agt., '150].) Sellers also agreed to "promptly notify" Plaintiff in writing of any change of address. (Ibid.) On August 17, 2021, the Sellers and Plaintiff entered into a second sale and purchase agreement, which contained the same service term and address. (ld., ...
2023.10.10 Motion to Compel Further Responses 056
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ve documents, the responses are not code compliant. (Declaration of Christine Balbo Fenech in support of Defendant's motion ("Fenech Decl.") Exhs. 8 and D.) Plaintiffs did not identify which of the previously prcKluced documents are responsive to each request. Plaintiffs contend that Defendant failed to meet and confer in good faith prior to filing the subject motion. "'[AI reasonable and good faith attempt at informal resolution entails somethin...
2023.10.10 Motion to Compel Further Discovery Re Photographs 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ... (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 the head of Plaintiff, causing Plaintiff serious injury. (Ibid.) The history of the efforts by Plaintiff in this case to conduct discovery into what should be a relatively simple and straightforward set of issues the identification and inspection of the equipment that was involved in the inci...
2023.10.10 Motion for Summary Judgment 774
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...f dependent adult abuse and neglect when his dietary requests were denied. On March 25, 2021, Plaintiff filed his third amended complaint (TAC) in which he alleged a single cause of action against DSH-A for violation of Gov. Code section 815.6. Now before the Court is DSH-A's Moton for Summary Judgment. For the reasons set forth below, the motion is granted. Plaintiff's Request for Judicial Notice is granted. However, while the Court can take not...
2023.10.10 Motion for Final Approval of Class Action Settlement 080
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.10.10
Excerpt: ...ods not provided, failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). The parties have engaged in extensive negotiations at arms' length, and after mediation with Glenn E. Lerman, Esq., reached a settlement and entered into a Stipulation Class Action and PAGA Settlement and Releas...
2023.10.05 Special Motion to Strike 162
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.10.05
Excerpt: ... before the Court is Natwick's Motion to Strike pursuant to Code Civil Procedure section 425.16. Cotton has filed a Notice of Joinder. The Court takes judicial notce of the matters as requested by the Defendants. The Court grants Defendants' objection to Plaintiff's declaration as the declaration is not in compliance with Code of Civ. Proc. Section 2015.5.1 For the reasons set forth below, the moton to strike is granted. l. Background2 In 1988, J...

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