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1329 Results

Location: San Luis Obispo x
2022.08.17 Motion to Continue Motion for Summary Judgment 043
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...ary 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 opposes the motion. I. Legal Standard Section 437c(h) provides that: If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be present...
2022.08.17 Motion to Compel Further Responses, for Monetary Sanctions 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ... Lime Mountain Livestock, LLC (Lime Mountain) filed a lawsuit (San Luis Obispo Superior Court Case No. 18CVP‐0101) against Defendants Paul Richard Atkins, Schlegel North County Sand & Gravel, Inc. (Schlegel), David R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Ric...
2022.08.17 Motion to Bifurcate 258
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.17
Excerpt: ...vid R. Batdorf Jr. (Batdorf), and Loretta Borges, as Trustee of the Loretta Borges Trust dated March 18, 20091 (Borges). On August 9, 2019, Plaintiffs Cheryl Dodge and Richard Dodge (the Dodge Plaintiffs) filed a lawsuit against Paul Richard Atkins, Gary Robert Atkins, and Schlegel. Both lawsuits assert damages to properties near Lake Nacimiento due to the Chimney Fire. Shortly before the Chimney Fire, Plaintiff Paul Atkins and his brother Gary A...
2022.08.11 Motion to Enforce Peremptory Writ of Mandate and Award 516
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2022.08.11
Excerpt: ...itioner's motion for issuance of peremptory writ of mandate. Petitioner's four causes of action under the Fair Employment and Housing Act (FEHA) remain at issue. Petitioner sought an order addressing the remedy to be awarded on the writ. On June 16, 2022, the Court heard oral argument from the parties regarding their respective positions. At this hearing, Respondents argued that the Court should not enforce the writ and award until a final judgme...
2022.08.10 Motion to Strike or Tax Costs 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...ff's five causes of action are alleged against both Defendants, and both Defendants are represented by the same counsel. On March 29, 2022, Plaintiff filed a voluntary dismissal without prejudice for all causes of action against Hefele. The action remains pending against Brown. On April 13, 2022, Hefele filed her Memorandum of Costs After Judgment seeking $20,449.55 in costs. Plaintiff now moves for an order taxing and striking the costs claimed ...
2022.08.10 Motion to Compel Further Deposition 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...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. Trial was originally set to proceed on July 8, 2019, but the trial date was vacated at Petitioner's request. (Minutes, 08/23/18 & 04/29/19.) On November 23, 2020, the parties submitted a stipulation agreeing to a bifurcated trial. Phase one of the trial began on March 18, 2021, and the ...
2022.08.10 Motion for Judgment on the Pleadings 085
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.10
Excerpt: ...C&H Trust dated November 16, 2011 and restated on December 21, 2012 (the Trust). (FAC, Ex. B.)1 Rabobank, N.A., now Mechanic's Bank, is the trustee of the Trust. Upon the Decedent's passing, the Trust provides for trusts of $1 million to be created for the settlor's sisters and brother‐in‐law (Camilla Hairston, Emma Wright, and Roosevelt Wright), if they survive him.2 The Trust then provides that the residue shall be equally divided between D...
2022.08.09 Motion to Vacate Dismissal, to Enter Judgment 428
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ...inst Zach Manzano (Defendant). On August 23, 2021, the parties submitted a stipulation reporting they had reached a settlement, and requesting that the Court retain jurisdiction under Code of Civil Procedure section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to v...
2022.08.09 Motion to Compel 287
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.08.09
Excerpt: ... advantage, and (5) preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Martinez and PS filed a cross‐complaint against Plaintiffs, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) appropriation of name or likeness, and (5) violation of Business and Professions C...
2022.08.03 Demurrer 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...reach of Contract; (3) Fraud (Nondisclosure); and (4) Negligent Misrepresentation. Defendants demur to the second through fourth causes of action. For the reasons set forth below, the Court overrules the demurrer. I. LEGAL STANDARD A demurrer challenges only the defects that appear on the face of the pleading under attack, or from matters outside the pleading which are subject to judicial notice. (Code Civ. Proc., § 430.30(a).) Because a demurre...
2022.08.03 Demurrer to FACC 112
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...breach of fiduciary duty; (2) conversion; (3) breach of contract/duty of good faith and fair dealing; and (4) accounting. The parties own a construction company called Boneso Brothers Construction (the Company), with each brother owning a 50% interest. This lawsuit involves the brothers' dispute over Company management. According to Plaintiff, in October 2020, Defendant announced his intention to resign from the Company in Spring 2021. (FAC, ¶ 1...
2022.08.03 Demurrer to SAC 096
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...d; (3) constructive trust; (4) unjust enrichment; (5) civil damages under Penal Code section 496(c); and (6) accounting. The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as remainder beneficiaries of the Qualified Terminable Interest Property Trust (the QTIP Trust) established under the Roy Coats Family Trust dated June 15, 1978, as restated in its entirety on July 19, 1987, and as modified by order of...
2022.08.03 Motion to Strike FAC 423
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...fendants.” On April 13, 2022, the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“FAC”) which was filed with the Court on July 25, 2022, against all Defendants.2 The FAC alleges that on or about October 18, 2018, Defendants negligently caused a motor vehicle collision with Plaintiff causing serious injuries. (Complaint ¶ 15.) Plaintiff alleges that the collision occurred during the course and scope of employm...
2022.08.03 Motion to Vacate Court Order 044
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.08.03
Excerpt: ...l 3, 2018. On November 4, 2021, Tobe filed a Petition for Determination of Entitlement to Estate Distribution under Probate Code section 11700. The Court approved the petition on November 23, 2021, and a month later signed an order which: (1) found Tobe and Decedent's five children to be the heirs of his estate; (2) set forth what property constituted Decedent's separate and community property interests; and (3) set forth what was Tobe's communit...
2022.07.27 Motion to Quash 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...espondents took advantage of Sylvia June Asavis (Decedent) during the last month of her life and coerced her into changing her estate plan to leave the bulk of the estate to Respondents, whom she recently met. Petitioners served a business records subpoena on Bank of America that sought “all documents and communications regarding a personal bank account xxx‐xxxx‐0683.” (Declaration of Christian Iverson (“Iverson Decl.”) ¶ 2.)1 Respon...
2022.07.27 Motion to Compel Depositions 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ...tum, and Billy Tatum for breach of contract, negligence, fraud, unfair business practices, and recovery on license bond. The Cross‐Complaint contains allegations that Plaintiff is the alter ego of Charessa Tatum and Billy Tatum. On November 30, 2018, Defendants filed an amended cross‐ complaint substituting Roe No. 40 for The Western Surety Company. On November 18, 2021, Mark Coffin, counsel for Defendants, emailed Notices of Deposition for: ...
2022.07.27 Motion for Leave to File SAP 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.27
Excerpt: ... petition under Probate Code section 17200, seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed a first amended petition (FAP) in July 2017. The FAP set forth the following causes of action: (1) Instructions as to Language of Trust; (2) Suspend and Remove Successor Trustee and Appointment of Successor Trustee; (3) Breach of Trust; (4) Breach of Fiduciary Duty; and (5) Compel Accounting. Trial was origin...
2022.07.19 Motion to Expunge Lis Pendens 102
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.19
Excerpt: ...reement entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expung...
2022.07.19 Motion to Compel Deposition 310
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.19
Excerpt: ...ntiff alleges that Mr. Carre Thanom (Thanom), 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.) Plaintiff moved for an order compelling the deposition testimony of Thanom, or alternatively for an order compelling the production of Thanom's contact information, namely his home address, so that he can be subpoenaed, o...
2022.07.13 Motion to Amend Complaint 337
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2022.07.13
Excerpt: ...plaint alleges that Lowry submitted his disability retirement application in February 2019, but the District failed to timely process it, and instead deemed him voluntarily resigned. The complaint alleges (1) wrongful discharge; (2) disability discrimination – failure to engage in good faith in the interactive process; (3) disability discrimination – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of ac...
2022.07.12 Motion to Vacate Dismissal, to Enter Judgment 428
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...re section 664.6 (Section 664.6). A week later, the Court approved the parties' settlement agreement and dismissed the matter subject to the Court retaining jurisdiction under Section 664.6. Currently before the Court is Plaintiff's request to vacate the dismissal and Motion for Entry of Judgment Under the Terms of the Stipulated Settlement. No opposition has been filed despite proof of service showing timely service at Defendant's address of rec...
2022.07.12 Motion to Tax Costs 156
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ... amended cross‐complaint (FACC) on November 1, 2017. The FACC alleged fraud and misrepresentation, as well as common counts for nonpayment on two loads of firewood. Trial took place in May 2021, and the Court issued a Final Statement of Decision on January 14, 2021. On January 31, 2021, the Court entered judgment in favor of SMR on both the complaint and the FACC. Judgment on the FACC was limited to the second cause of action (a common count fo...
2022.07.12 Motion to Expunge Lis Pendens 102
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...ent entered by the parties on November 17, 2020. The FAC alleges that pursuant to this agreement, Defendants agreed to sell to Plaintiffs real property located on San Antonio Road in Atascadero (the Property). At the time of filing the initial complaint, Plaintiffs also filed a Notice of Pendency of Action (the Lis Pendens). Plaintiffs recorded a copy of the Lis Pendens the following day.1 Currently on calendar is Defendants' motion to expunge th...
2022.07.12 Motion to Compel Answers 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ... condemnation. Plaintiff alleges that it has incurred damages, including remediation costs in excess of $200,000. (SAC ¶ 13.) Plaintiff alleges that it is the owner of real property consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (“Highway”), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. Plaintiff inte...
2022.07.12 Motion for Summary Judgment 088
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2022.07.12
Excerpt: ...at Templeton Surgery Center. On October 3, 2020, the two actions were consolidated. On December 1, 2020, Plaintiff dismissed Templeton Surgery Center with prejudice. Now before the Court is Dr. Bolivar's motion for summary judgment. The Court is not in receipt of an opposition; a proof of service is on file. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that material factual claims arising from the ...

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