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1806 Results

Location: San Luis Obispo x
2021.11.24 Demurrer, Motion to Strike 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors, including Blum & Sons Electric, Inc. (“Blum”). On November 3, 2020, Garden Street filed a cross‐complaint against Blum. The cross‐complaint set forth causes of action for (1) negligence; (2) fraudulent billing; (3) breach of third‐party beneficiary contract; (4) negligent misrepresentation; and (5) declarat...
2021.11.24 Demurrer 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.24
Excerpt: ...].) At some point, disputes arose between Garden Street and Specialty regarding the Project's timeline and budget. On May 20, 2021, Garden Street filed a second amended cross‐complaint (“SACC”) against Specialty. The cross ‐complaint sets forth causes of action for (1) breach of pre‐construction contract; (2) breach of prime contract; (3) breach of express warranties; (4) breach of implied warranties; (5) negligence; (6) breach of impli...
2021.11.18 Motion to Tax Costs 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...ears”). On September 30, 2021, Long and the Fears submitted memoranda of costs. Currently on calendar is the City of Exeter, Clifton Bush, and Brett Inglehart's (collectively, the “City”) motions to tax costs. 1. The City's Motion to Tax the Fears' Requested Costs The Fears memorandum of costs sets forth costs of $49,179, which includes $22,081 in court reporter fees. (Code Civ. Proc., § 1033.5(a)(11).)1 The City takes issue with the amoun...
2021.11.18 Motion for New Trial 529
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.18
Excerpt: ...buted $1,300,000 to economic damages and $12,500,000 to noneconomic damages); and (2) Rachel, Sarah, and Steven Fear (the “Fears”) damages of $7,000,00, all of which was attributed to noneconomic damages. With respect to liability, the jury found (1) the City of Exeter to be 83.5% at fault (split between its employees Brett Inglehart at 42% and Clifton Bush at 41.5%); (2) Alex Geiger to be 16.5% at fault; and (3) Christopher and Monica Belavi...
2021.11.17 Motion to Expunge Lis Pendens 300
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...ust originally provided that upon the surviving settlor's death, the trust estate was to be divided evenly between Petitioner and Respondent (after two specific gifts of $10,000). After David's death, Joan executed two amendments, both of which changed the distributive provisions of section 3.3 of the Trust. The first amendment, executed on July 18, 2017, contained two specific gifts of $10,000,1 and divided the remainder into three shares with t...
2021.11.17 Motion for Judgment on the Pleadings 577
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.17
Excerpt: ...been filed. “A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same standard of review.” (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961; Hightower v. Farmers Ins. Exch. (1995) 38 Cal.App.4th 853, 858 [the same rules apply].) Thus, like a demurrer, the grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts subject to jud...
2021.11.10 Motion to Vacate Dismissal 464
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...he Court dismissed the matter. Currently before the Court is Wells Fargo's motion to set aside the dismissal pursuant to Code of Civil Procedure section 473. Wells Fargo reports that when it received the conformed copy of the complaint in May 2019, the matter was assigned case number 19LCP‐0332. Wells Fargo further reports that it reached a settlement with Martinez on April 9, 2021, but when it attempted to file the resultant Stipulation for En...
2021.11.10 Motion to Compel Responses 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ... of which concerned construction of Hotel Cerro, and other improvements, in downtown San Luis Obispo. On February 23, 2021, Garden Street electronically served a single special interrogatory on AES. Responses were due on March 29, 2021. On April 1, 2021, Garden Street followed up by email regarding the status of the responses. Two weeks later, Garden Street followed up a second time. Counsel for AES (Michael Wayne) responded: “[M]y client is pu...
2021.11.10 Demurrer, Special Motion to Strike, for Specified Discovery, for Appointment of Free Counsel 123
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.10
Excerpt: ...presentation, and fraud. Plaintiff seeks damages in the amount of $1,440,000, legal fees and costs in the amount of $60,000, and punitive damages in the sum of $4,320,000, as well as an order that Defendants turn over a note and allonges to Plaintiff. Defendants now bring a demurrer to the entire Complaint under Code of Civil Procedure section 430.10(e), as well as a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16. Pla...
2021.11.09 Motion to Compel Further Responses 078
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...lder of El Camino Real, directly in the path of Plaintiff's vehicle.” Now before the Court is Defendants' motion to compel Plaintiff's further responses to special interrogatory nos. 33 and 34. The two interrogatories at issue relate to Plaintiff's mobile phone carrier. Interrogatory no. 33 requests the name of Plaintiff's mobile phone carrier; interrogatory no. 34 requests Plaintiff's mobile phone number on the date of the accident. Plaintiff ...
2021.11.09 Motion for Judgment on the Pleadings or to Strike 108
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ed, (3) breach of personal guarantee, (4) declaratory relief, and (5) open book account. Plaintiff seeks to recover an alleged debt owed by Intuitive to Plaintiff, pursuant to a Merchant Processing Agreement (the Agreement) between Plaintiff and Intuitive. Armata is the personal guarantor of Intuitive's obligations. Plaintiff alleges that Defendants owe $2,840,184.13 for their early termination, which includes $2,627,429.39 in liquidated damages ...
2021.11.09 Demurrer, Motion to Strike 056
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.09
Excerpt: ...ned down in a fire. Capps filed a demurrer and motion to strike, but before the hearing on the matter Plaintiffs filed a First Amended Complaint (“FAC”). Plaintiffs allege that Capps was given a set of plans prepared by an architectural and engineering firm from which he bid and agreed to reconstruct a home on the property. (FAC, Attachment BC‐2, ¶ 1.) Plaintiffs allege that Capps subsequently went rogue and began building a home in a diff...
2021.11.04 Demurrer 433
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.11.04
Excerpt: ...e Civ. Proc., § 430.10(e), (f).) A demurrer challenges defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) A demurrer tests only the legal sufficiency of the pleading, and “[t]he facts alleged in the pleading are deemed to be true, however improbable they may be. [Citation].” (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 C...
2021.11.03 Motions to Compel Further Responses 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...to compel Plaintiff's further responses to requests for admission, set three, nos. 55, 57, and 72; and (2) Motion to compel Plaintiff's further response to form interrogatory, set three, no. 17.1 Brown also requests $1,572.50 in sanctions. However, the notice of motion does not identify every person, party, and attorney against whom the sanction is sought. (Code Civ. Proc., § 2023.040.) The request for sanctions is therefore denied. Brown's requ...
2021.11.03 Motion for Summary Judgment, Adjudication 641
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...2020, Keshtgar Corporation – Atascadero, dba Round Table Pizza (“Round Table”), James Butler (“Butler”), Tyler Wilson1 (“Wilson”), and Saeed Keshtgar (“Keshtgar”) (collectively “Defendants”) filed their answer to the FAC. Defendants now move for summary judgment, or in the alternative summary adjudication of the FAC, pursuant to Code of Civil Procedure section 437c. The motion was served on then‐counsel for Plaintiff, and ...
2021.11.03 Motion for Summary Judgment 101
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). Plaintiff's first amended complaint (FAC) alleges it is a limited liability company formed on or about April 12, 2017. (FAC, ¶ 1.) Plaintiff alleges Darren Shetler is its 98% owner. (Ibid.) Plaintiff alleges that another limited liability company called Four Seasons Livestock, LLC was owned by members Darren Shetler and Kelli Shetler, who are now divorced ...
2021.11.03 Motion for Leave to File Amended Complaint 221
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...e answers on file. Now before the Court is Plaintiff's motion for leave to file an amended complaint. No opposition is on file. With his motion, Plaintiff outlines that his lawsuit arises from his purchase of a 2014 GMC Light Duty Acadia (the vehicle), with which he has experienced problems. Plaintiff states he has learned that Defendant Cardinale Protective Services, Inc. did not provide Plaintiff with a written warranty, but also did not sell t...
2021.11.03 Application for Right to Attach Order 288
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.11.03
Excerpt: ...lso on this date, MA3C.com filed a cross‐ complaint against Plaintiff and Sorina Carabeth, M.D., a professional corporation, alleging causes of action for breach of contract and fraud. Mr. Bilicska and Obispo Hyperbaric Oxygen Therapy have yet to make an appearance in this action. Plaintiff Sorina Carabeth is Defendant Michael Bilicska's mother‐in‐law. (FAC, ¶ 2.) Plaintiff alleges that, in or about June 2014, she and Defendants entered in...
2021.11.02 Motion to Compel Deposition, for Monetary Sanctions, to Quash Business Records, for Protective Order 325
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.11.02
Excerpt: ... amended complaint (TAC) named as Defendants John W. Belsher; Ryan Wright aka Ryan Petetit;1 PB Companies, LLC; Las Tablas Villas, LLC; Russell Sheppel, individually and as trustee for the Russell M. Sheppel 2009 Irrevocable Trust; PB Opportunities, LLC; JB Devco, LLC; The Obispo Company, LLC; John W. Belsher and Jody Belsher, trustees of the El Cerrito Irrevocable Trust; Jody Belsher, individually; 2130 Morro Bay, LLC; and Belsher Law, PC. The T...
2021.10.28 Motion to Quash 031
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...st Victoria Street Partners, LLC, alleging causes of action for: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiff alleges is a “shel...
2021.10.28 Motion to Compel Release of Psychiatric Treatment Records 254
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...m the third or fourth floor of a parking garage located at the corner of Marsh and Chorro Streets, in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death. Defendant served subpoenas on Sarah Leon, LMFT, San Luis Obispo Behavioral Health, Al Santos, LMFT, and Central Coast Behavior Health aka Arroyo Grande Behavioral Health, along with Notices to Consumer, seeking psychiatric records rela...
2021.10.28 Demurrer 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.10.28
Excerpt: ...e to file a second amended complaint (SAC). The Court granted Plaintiff's motion. Plaintiff filed a SAC alleging three separate causes of action for general negligence against the three separate Defendants. Plaintiff's lawsuit stems from the Defendants' treatment of her late son, Keith Bernard Murphy II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Dece...
2021.10.27 Motion for Terminating Sanctions 097
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...rney's Office. Plaintiff alleges the County failed to accommodate and engage in the interactive process with her, and discriminated and retaliated against Plaintiff, all in violation of the Fair Employment and Housing Act (FEHA). On August 5, 2020, the County served form interrogatories (set one), special interrogatories (set one), request for production (set one), and requests for admission (set one), on Plaintiff's original counsel. After recei...
2021.10.27 Motion for Summary Judgment, Adjudication 261
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...recovery claim to $267,809.70. The latter figure is comprised of $261,957.40 in capitation payments remitted to CenCal Health and $5,852.30 in Medicare premiums. CenCal Health is a managed care plan in which Decedent was enrolled as a Medi‐Cal recipient. Capitation payments are part of a “risk‐sharing arrangement” between Medi‐Cal and a managed care entity, such as CenCal Health, under which (a) Medi‐Cal pays a fixed amount per enroll...
2021.10.27 Motion for Preliminary Approval of Class Action Settlement 623
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.10.27
Excerpt: ...e meal breaks; (2) failure to provide rest breaks; (3) penalties under Labor Code section 203; (4) violation of Business & Professions Code section 17200; and (5) penalties under the Private Attorneys General Act (PAGA), Labor Code section 2699, et seq. This action has now been resolved pending preliminary approval of the parties' Settlement. On May 19, 2021, this Court granted the parties' motion for preliminary approval of the Settlement. Now b...

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