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1806 Results

Location: San Luis Obispo x
2023.06.27 Demurrer to SACC 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.27
Excerpt: ...rt as a director. On December 8, 2022, Robert filed a second amended cross- complaint (SAXC) against Steve. The SAXC also added BBC as a defendant and asserted derivative claims on its behalf. Currently on calendar is Steve's demurrer to the first, fourth, fifth, sixth, seventh, and eighth causes of action in the SAXC on the ground that they are uncertain and fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430....
2023.06.27 Motion to Bifurcate Trial 101
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.27
Excerpt: ...thwest of the community of Coalinga (the "Park Fire"). Calvin Louis Norman ("Norman") and Bryan Dillard ("Dillard") have since been added to the achon as defendants. The Kester Plaintiffs' operative pleading against the County and Norman alleges seven causes of action for: 1) inverse condemnation, 2) negligence, 3) nuisance, 4) trespass, 5) violation of Health and Safety Code section 13007, 6) Vehicle Code section 17001, and 7) Government Code 83...
2023.06.22 Motion to Set Aside Dismissal and Enter Judgment 261
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.22
Excerpt: ...sts ("Judgment Amount"). (Agreement 1). The Agreement sets forth a payment schedule and provides that upon default of any payment the entire judgment, less any amounts paid, is due and Plaintiff can move to vacate dismissal and request entry of judgment. (Agreement 1, 3, 4 and 7). On December 20, 2021, the Court dismissed the case pursuant to the Agreement and retained jurisdiction under Code of Civil Procedure section 664.6 ("section 664.6"). Pl...
2023.06.22 Demurrer to FACC 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.22
Excerpt: ...ended Cross-complaint ("FACC") alleges that the founding members orally agreed to enter into a partnership to grow and sell cannabis to dispensaries (the "Oral Agreement"). (FACC '112.) The parties formed the LLC and entered into a written Operating Agreement ("Operating Agreement") in accordance with the Oral Agreement. (FACC 14, 33.) The parties located agricultural real property ("Property") and agreed that Pritz would purchase the Property be...
2023.06.21 Motion to Furnish Security, for Prefiling Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ...ntinued 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 sub-trusts. 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 Diane Davies (Davies) as the court-appointed successor tru...
2023.06.21 Motion for Summary Judgment, Adjudication 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.21
Excerpt: ..., alleging seven causes of action for 1) breach of contract; 2) breach of fiduciary duty; 3) fraud; 4) accounting and of documents; 5) injunctive relief and constructive trust; 6) intentional interference with contractual relationship; and 7) negligent interference with contractual relationship (the "FAC"). On October 7, 2020, Plaintiffs filed a doe amendment naming Cornerstone Residential Real Estate, Inc. as Doe 1. The FAC arises out of an agre...
2023.06.15 Motion for Protective Order, to Compel Deposition ot PMK 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...ration); and Steve's ATV. The lawsuit centers around a September 6, 2021, accident in Pismo Beach that injured De Muhoz. On this date, De Muhoz was a front seat passenger in a Polaris RZR, a type of utlity vehicle (UTV), the Subject Vehicle. The Subject Vehicle is a 2010 Polaris RZR S 800, a side-by- side UT'v' designed for recreational use such as off-roading. Plaintiffs allege the Subject Vehicle was owned by Steve's ATV and was designed, manuf...
2023.06.15 Demurrer 856
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ... a superior court judge, Defendant Stephen Foley ("Judge Foley") was a commissioner of the Santa Barbara County Superior Court who presided over restraining order proceedings and issued a temporary restraining order against Plaintiff. Judge Foley demurs on the grounds that the Complaint is barred by absolute judicial immunity", is barred by plaintiff's failure to timely comply with the claim presentation requirements set forth in the Government C...
2023.06.15 Demurrer 091
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...sale of an allegedly defective off-road vehicle. On October 6, 2022, this Court sustained in part and overruled in part Defendants' demurrer to and motion to strike the complaint. The operative complaint is the second amended complaint (SAC), filed January 18, 2023. Now before the Court is Honda's demurrer to the SAC. Honda demurs to Plaintiff's sixth cause of action for violation of Business and Professions Code section 17200 et seq. on the basi...
2023.06.15 Motion for Summary Adjudication 037
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ... l. Background Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2016 or 2017 Plaintiff began working for Defendant as a caregiver for adults with intellectual disabilities at a facility known as Sunset Community Home aka Sunset House (hereinafter "Sunset House"). (UMF 1-2; Plaintiff's undisputed Addit...
2023.06.15 Motion for Summary Adjudication 084
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...ground Defendant provides services to adults with intellectual disabilities who cannot live alone and who need round-the-clock supervision. (Declaration of Michelle Payne ("Payne Decl.") '1 1, Ex. 2.) In 2020 Plaintiff was employed by Defendant as a "direct support professional" and part of the frontline staff that took care of the residents. (UMF 9-10.) Plaintiff was employed at Sunset House. Plaintiff's job duties included helping residents wit...
2023.06.15 Motion to Compel Production or for Further Responses 565
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.15
Excerpt: ...er 7, 2018, Plaintiffs' son, Jordon Grant,l was riding his motorcycle southbound on Highway 101, when Richard Giuli (Giuli), who was driving eastbound on El Campo Road, made a left turn onto the highway. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. At the tme of the incident, a GoPro camera was attached to Jordan's helmet. The memory card (Micro Secure Digital Card [SD Card)) from the GoPro camera was subs...
2023.06.13 Petition for Writ of Mandate 282
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...tlement, and the matter was dismissed as to Nahmias' claims. Petitioner now petitions, pursuant to Code of Civil Procedure sections 1085, 1094.5 and 1102 for the following relief: 1. An alternate and peremptory writ of mandate and prohibition commanding Respondents to take no further enforcement measures against Petitioners; 2. A stay, temporary restraining order, preliminary, and permanent injunction prohibiting Respondents from taking any furth...
2023.06.13 Petition for Writ of Mandate 074
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ... of action for constitutional taking. The dispute concerns a billboard located on Plaintiff's property, located at 6020 Conejo Road in Atascadero (the Property). With his request for writ of mandate, Petitioner requests the Court order Respondents to allow reconstruction of the billboard. l. Factual Background. A. The Original Billboard. Petitioner alleges he acquired the Property on April 26, 2016. (Pet„ 1.) Petitioner alleges the billboard on...
2023.06.13 Motion to Strike, to Consolidate 216
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...dants' filing that civil action. Defendants filed a demurrer to the original complaint in this action that was scheduled for hearing on June 15, 2023. Plaintiff filed a First Amended Complaint ("FAC") on May 15, 2023, that became the operative complaint. The demurrer is therefore moot. (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 505-505.) Two motons are at issue: Defendants' Motion to Strike the FAC and Defenda...
2023.06.13 Motion for Summary Judgment 271
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.13
Excerpt: ...e timely service on June 2, 2023. (Code Civ. Proc., SS 1170.7; Yanez v. Vasquez (2021) 65 Cal.App.5th Supp. 1, 8 [Code Civ. Proc., S 1013 applies].) Opposition, however, may be made orally at the hearing or in writing the court day before the hearing. (Cal. Rules of Court, rule 3.1351.) l. Legal Standard Summary judgment is proper when there are no triable issues of material fact, and the moving party is entitled to a judgment as a matter of law....
2023.06.08 Motion to Compel Responses 325
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.08
Excerpt: ...or Production of Documents, Set One ("RFP"); Form Interrogatories, Set One ("Form Interrogatories"); and Special Interrogatories, Set One ("Special Interrogatories"). Plaintiff served objections to the RFP and Special Interrogatories and objections to many of the Form Interrogatories. 1 On November 3, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel. Cannon attempted to meet and confer with Plaintiff and her former c...
2023.06.08 Motion for Preference 599
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.08
Excerpt: ...ed to pay. On October 21, 2022, Plaintiff filed this action against Defendant for Declaratory and Injunctive Relief, Breach of Contract, Negligence, and Breach of Fiduciary Duty. Plaintiff filed the subject motion seeking preference pursuant to Code of Civil Procedure section 36, subdivision (a), which provides that "[a] partyto a civil achon who is over 70 years of age may petition the court for a preference, which the court shall grant if the c...
2023.06.07 Motion to Compel Answers, for Protective Order, for Sanctions 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.06.07
Excerpt: ...roduce; 3. Precluding counsel for Garden Street SLO Partners, L.P. (Garden Street), Roy Ogden, from coaching Mr. Smith during his deposition; and 4. For sanctions of $2,800 against Mr. Smith, Mr. Ogden, and Garden Street.l Garden Street opposes the motion, and requests sanctions of $2,040 for its opposition. The motion is granted in part and denied in part as set forth below; and the parties' respective requests for sanctions are denied. A. Motio...
2023.06.06 Motion to Remove Director 112
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.06
Excerpt: ...h of fiduciary duty, and removal of director. On December 8, 2022, Robert filed a second amended cross-complaint against Steve alleging both individual and derivative claims. Steve alleges Robert has stolen BBC vehicles and equipment, misrepresented the profitability of a project leading to imprudent shareholder distributions, misused BBC assets to reduce his personal liability on outstanding personal guarantees, violated his obligation to sign b...
2023.06.06 Motion to Quash Subpoena or for Protective Order, for Sanctions 162
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.06
Excerpt: ...on October 23, 2021, in Paso Robles. Now before the Court is Plaintiff's motion to quash Defendants' subpoena for medical records or, in the alternative, for a protective order and order to modify the subpoenas issued to Sierra Vista Regional Medical Center and for sanctions in the amount of $1,130 against Defendants and their counsel of record. The Court is not in receipt of an opposition; a proof of service is on file. On October 18, 2022, Plai...
2023.06.06 Motion for Preliminary Injunction 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.06
Excerpt: ...rust. The Handleysl , Destino Investments LLC, and The Development Trust filed a cross- action Stier and John Handley. The operative cross-complaint is the fifth amended cross- complaint (5ACC), filed April 6, 2023, after this Court (Hon. Donald G. Umhofer, presiding) granted Cross-complainants' moton for leave to file an amended pleading. The 5ACC includes causes of action for (1) breach of partnership agreement; (2) intentional interference in ...
2023.06.06 Motion for Attorney Fees 244
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.06.06
Excerpt: ...otion for summary judgment. Now before the Court is Plaintiff's motion for an award of attorney's fees in the amount of $41,015.00. The Court is not in receipt of an opposition; a proof of service is on file. Plaintiff seeks attorney's fees under Civil Code section 5975(c), which mandates an award of attorney's fees to the prevailing party in an action to enforce a homeowners association's governing documents as a matter of right. Plaintiff broug...
2023.06.01 Demurrers 856
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.01
Excerpt: ...eys, several individuals, and a Santa Barbara County Superior Court Judge ("the Complaint"). Four demurrers filed by the following defendants are at issue: 1. City of Santa Barbara and its employees sued in this case (collectively referred to as "City Defendants"); 2. Attorney Gabriela Ferreira ("Ferreira"); 3. Lisa Ann O'Niahll ("O'Niahll"); 4. Attorney Christopher E. Haskell ("Haskell") All the demurrers are brought on the grounds that the Comp...
2023.06.01 Motion for Summary Judgment, Adjudication 565
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.06.01
Excerpt: ...r 7, 2018, Plaintiffs' son, Jordon Grant (Jordan), was riding his motorcycle southbound on Highway 101, when Richard Giuli, who was driving eastbound on El Campo Road, made a left turn onto the highway. Mr. Giuli passed directly in front of Jordan resulting in a collision that killed Jordan. In the first amended complaint, Plaintiffs assert a single cause of action against the County for Dangerous Condition of Public Property under Government Cod...
2023.05.31 Motion to Compel Production of Records 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ... supervisor, Flores, while employed with CMD at the Grizzly Youth Academy (GYA) in San Luis Obispo. Now before the Court is Plaintiff's motion to compel the production of records from the California Highway Patrol (CHP) pursuant to Evidence Codel section 1043, known as a Pitchess2 motion. Legal Authority. Personnel records of peace officers as well as records of citizens' complaints against personnel maintained under Penal Code section 832.5 are ...
2023.05.31 Motion for Attorney Fees 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ... demurrer, which the Court sustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees in the amount of $58,772, pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out o...
2023.05.31 Motion to Expunge Lis Pendens, for Attorney Fees 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.31
Excerpt: ...ued the following day.l On August 22, 2022, Brian Harms (Harms), identified as the representative of the Estates of David Harms and Jolene Harms, filed a creditor's claim in the amount of $300,000. The Public Administrator rejected the claim in September 2022. In the interim, the Public Administrator had filed Notices of Proposed Action proposing to sell Decedent's real property. Harms then recorded a Notice of Pending Action (Lis Pendens) on Sep...
2023.05.25 Motion for Summary Judgment, Adjudication 174
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.05.25
Excerpt: ...te concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) l. FACTUAL BACKGROUND Plaintiffs are the owners of real property located at 5255 Cascabel Road in Atascadero (the Property). Priorto Plaintiffs' ownership, the Property was owned by Darren Thomas (Thomas). In September 2007, Thomas a...
2023.05.24 Motion to Bifurcate Trial 358
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...irst Amended Petition alleging wrongdoing by the trustee, Deborah Foster-Swenson (Swenson) .2 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 Petiton (the SAP). The 1994 Trust directed that the residual trust estate be divided 50% to Swenson (outright); 25% to Bruce (in a trust with the balance to his children upon his deat...
2023.05.24 Motion for Good Faith Settlement, for Judgment on the Pleadings 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ... large tree branch fell on him while he was working on a property located at or near 650 Tank Farm Road in San Luis Obispo on October 6, 2021. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is Covelop's motion for good faith settlement. Also on calendar is cross- defendant Box Kite Barnyard, Inc. (Doe 2)'s (BKB) motion for judgment on the pleadings as to Bunyon's cross-comp...
2023.05.24 Motion for Protective Order 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...Robert Leslie, at the deposition of Jeff Martin. Mr. Leslie represents Specialty Construction, Inc. (Specialty), and Mr. Martin is Specialty's senior vice president. Specifically, Moving Parties seek an order: 1. Precluding Specialtvs counsel from making speaking objections or coaching witnesses on the record; 2. Precluding Specialty's counsel from making personal attacks against opposing counsel during depositions; 3. Requiring the parties to me...
2023.05.24 Demurrer 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...n San Luis Obispo on October 6, 2021, when a large tree branch fell on him. Multiple cross-complaints are on file, including a cross-complaint filed by Bunpn on July 12, 2022. Now before the Court is cross-defendant RRM Design Group (Doe 3)'s (RRM) demurrer to Bunyon's cross-complaint. l. RRM's Demurrer RRM demurs to Bunyon's cross-complaint as follows: 1) The cross-complaint and each cause of achon therein as to RRM pursuant to Code of Civil Pro...
2023.05.24 Motion to Compel Compliance with Subpoena Duces Tecum 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...d Parker were served on October 31, 2022, and Weinberg was served on November 3, 2022. (Pl. Decl., 7, 15, 23.)1 The date for production on all three subpoenas was November 18, 2022. (Pl. On November 1, 2022, Jed Hazeltine (Hazeltine), the successor trustee of Trusts B and C informed Sander via email that he was asserting the attorney-client privilege in the documents.2 On November 9, 2022, Weinberg objected to the subpoena served on him. (Pl. Dec...
2023.05.24 Motion to Set Aside Default 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...had been entered earlier that morning. The deadline for Sharianne to file a responsive pleading was Thursday, September 8, 2022. (Code Civ. Proc., SS 412.20(a)(3), 415.10.) The request for entry of default against Michael was denied because his answer was timely filed. (Code Civ. Proc„ S 415.20(a).) Sharianne seeks to set aside her default under Code of Civil Procedure section 473. Under subsection (b) of section 473, the court may relieve a pa...
2023.05.24 Motion to Set Aside Default Judgment 478
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...between Plaintiff and ABC. A default against Szulborski was entered on January 25, 2021, and a default judgment was entered against him for the full amount allegedly owed on the contract, plus interest and attorney fees, on April 29, 2021. Szulborski filed the subject motion to set aside default on the grounds that he was never served with a summons, and the judgment was obtained by fraud in that Plaintiff failed to advise the Court that Van De S...
2023.05.24 Motion to Strike 412
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.24
Excerpt: ...irst Amended Complaint (FAC) was filed on March 7, 2023. Colorado Structures now moves pursuant to Code of Civil Procedure sections 435, subd. (b) and 436, to strike the alter ego allegation in paragraph 10 of the FACI , on the grounds that it lacks the specific particularity required for pleading.2 Plaintiffs oppose the motion and contend that the allegations are sufficient to put the defendants on notice of the claim. Code of Civil Procedure se...
2023.05.23 Motion to Compel Further Responses 027
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.23
Excerpt: ...f refused Defendant's requestfor an extension of time within which to serve responses, and Defendant served an objection only response. Plaintiff's counsel engaged in an effort to meet and confer, which Defendant argues was not in good faith. While Plaintiff gave Defendant a very short deadline (about 12 hours) to agree to a discovery conference or the subject moton would be filed, Plaintiff's counsel had already provided a detailed explanation c...
2023.05.18 Motion to Strike Expert Designation 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.05.18
Excerpt: ... of Civil Procedure section 2023.040. Defendants contend that Plaintiffs served a non-complaint Supplemental Designation of Experts that included admissions that it was intended as a placeholder. Defendants seek an order striking the supplemental designation, a sanction order prohibiting introduction of expert testimony by Plaintiffs at trial (aside from rebuttal testimony) and monetary sanctions against counsel for Plaintiffs payable to Defendan...
2023.05.18 Discovery Motions 506
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.05.18
Excerpt: ...l Defendant to prov-de further discovery responses and to have requests for admissions deemed admitted. No opposition has been filed. The specific discovery at issues is as follows: 1. Plaintiff's Form Interrogatories, Set One, ("Form Interrogatories") interrogatory numbers 2.1, 2.2, 2.3, 2.5, 2.5, 2.7, 2.8, 2.9, 2.10, 17.1, 50.1, and 50.6; 2. Plaintiff's Special Interrogatories, Set One, ("Special Interrogatories") interrogatory numbers 5 and 6;...
2023.05.11 Motion to Compel Further Responses 266
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.05.11
Excerpt: ...assaulted her while giving her a massage. When questioned by Defendant, Denneen admitted Plaintiff's allegations and was fired. Denneen had worked for Defendant for fifteen years and three customers had complained about Denneen's odd behavior. Plaintiff alleges that Defendant knew or should have known of Denneen's propensity to act inappropriately, and to commit acts of sexual misconduct but breached its duty of care to warn and protect its patro...
2023.05.10 Motion to Quash Deposition Subpoenas 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ...ting that the Court remove Matthew as Trustee for, among other things, breach of trust. Petitoner also requests the Court remove Jennifer as Matthew's successor trustee. On March 8, 2023 a Stipulation and Order was filed agreeing to specific affirmative defenses. Now before the Court is Petitioner's motion to quash two business records subpoenas for her medical records. l. Background Petitioner is the beneficiary of the Denise Solters Special Nee...
2023.05.10 Motion in Limine 214
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ...out and eliminates off-highway vehicle ("OHV") use at the Oceano Dunes State Vehicle Recreation Area ("ODSVRA"), managed and operated by State Parks. Three of the consolidated petitions were filed by Friends of Oceano Dunes, Inc. ("Friends"), and the remaining petition was filed by Ecologic Partners, Inc. and Specialty Equipment Market Association (collectively, "EcoLogic".) All four of the petitions seek a writ of mandamus pursuant to Code of Ci...
2023.05.10 Motion for Increased Fee Allowance 411
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.10
Excerpt: ....98, plus interest, costs, and fees. Local Rule 25.02 provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 provides as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation o...
2023.05.09 Motion to Quash Summons and Complaint 216
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.09
Excerpt: ... that it is a partnership. The complaint is signed by a partner. The Defendants have provided a lengthy recitaton of the facts giving rise to their motion, including the fact of a related case in which Defendants are suing Plaintiff. (Related Case No. 23CVP-0130 — Jerome Zalusky dba Uncle Ed's Outfitters, et al v. Plaza de Pueblo, et al.) Now before the Court is the Defendants' moton to quash the summons and complaint. For purposes of this limi...
2023.05.09 Motion to Compel Further Responses 081
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.09
Excerpt: ...anty by failing to repair multiple defects in the vehicle within a reasonable number of attempts. Linane also alleges GM knew that the vehicle suffered from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of the Lemon Law. Linane served GM with Plaintiff's Requests for Production of Documents, Set One ("RPD"), and GM timely served Linane with responses. GM objected to all 89 of the requests and agreed to...
2023.05.09 Motion for Summary Judgment 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.09
Excerpt: ... of Business & Professions Code secton 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 reconstruction. (4AC, 14.) In October 2018, Dr. Chalekson performed a second surgery to remove torn mesh and repair a hernia. (ld. at q 36.) Plaintiff...
2023.05.03 Demurrer 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...g as an agent for Defendants [Gordon] and [Orchardl and was working and driving in the Trinity County area" when the accident occurred. (FAC, 4.) Jut-ila alleges she was delivering vehicles and equipment to the California Department of Forestry and Fire Protection ("Cal Fire") for Defendants and their benefit, pursuant to a contract between Orchard and the USCA Forest Service. (FAC, 3,14, 15.) Jutla alleges that at the time of the accident she "h...
2023.05.03 Motion for Change of Venue 329
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ion, breach of fiduciary duty, and elder abuse. 80th defendants reside in San Diego County. The complaint alleges that venue is proper in this County because a substantial portion of the acts and omissions complained about occurred in this County. (Cmp., 7, 8.) Ditty seeks to transfer venue to San Diego County Superior Court (North County Division) pursuant to Code of Civil Procedure sections 395(a) and 396(a). 1 Picozzi has filed a joinder to th...
2023.05.03 Motion for Sanctions 170
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ugust 9, 2022, Petitioner dismissed the action. On August 18, 2022, Respondent filed a motion to vacate the dismissal (the Mohon to Vacate), which was opposed by Petitoner. The Court denied the motion to vacate the dismissal. Petitioner now moves for sanctons against Respondent under Code of Civil Procedure section 128.7, subdivisions (b) (1-3).1 Code of Civil Procedure section 128.7, subdivisions (b) provides that: (b) By presenting to the court...
2023.05.03 Motion for Summary Adjudication 504
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...ess. Defendant demurred to the complaint, and the Court overruled Defendant's demurrer to Plaintiff's second and third causes of action and sustained the demurrer to the fourth through sixth causes of action with leave to amend. On July 8, 2020, Plaintiff filed his First Amended Verified Complaint for Damages (FAC) alleging four causes of action for 1) professional negligence (medical malpractice); 2) battery; 3) lack of consent; and 4) reckless ...
2023.05.03 Motion to Amend Complaint 234
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.05.03
Excerpt: ...s Obisipo County ("Property") from Developer. The Property was a new construction project, and the sale was completed on April 27, 2018. Plaintiffs allege that the Property began to manifest observable damages after the close of escrow and within one year of being completed, and further allege that the same damages have appeared in each of the homes in the same layout built by Contractor. Plaintiffs allege the Property fails to comply with multip...
2023.05.02 Motion to Compel Arbitration and Stay Proceedings 152
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.02
Excerpt: ...alleges that defects and nonconformities appeared within the applicable express warranty period, including the engine. (ld., '1 16.) Plaintiff brought the Vehicle into an authorized Ford repair facility but after numerous attempts, the repairs were not able to be made to the applicable express warranty. (ld., 19.) Plaintiff alleges that under the Song-Beverly Act, Ford had an affirmative duty to promptly offer to repurchase or replace the Vehicle...
2023.05.02 Demurrer 232
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.05.02
Excerpt: ...ll, 2021, and that the prior owners of the Property ("the Durands") entered into three separate agreements with Defendant as follows: A Grant of Easement recorded August 9, 2000, which states that Defendant is granted "those appurtenant non-exclusive easements ("the easement area") located in Tract 1599, ." for the purposes of water well sites, including ingress and egress to install and maintain wells and their accompanying equipment ("2000 Ease...
2023.04.27 Motions for Summary Judgment, Adjudication 626
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.27
Excerpt: ...nder), John Robinson (Robinson), and Joseph Seither (Seither).l The individual defendants are members of the EHHOA board, and are named as defendants in the complaint's first and fifth causes of action (breach of fiduciary duty and gross negligence, respectively). Plaintiffs and the individual defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo, California. The parties' dispute concerns Pla...
2023.04.27 Motion for Preliminary Injunction 020
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.27
Excerpt: ...horses, other farm animals and farming operations on Petitioner's Property. On November 14, 2022, Petitioner filed an application with the Department of Fish Wildlife for an emergency permit allowing her to install a temporary, prefabricated bridge across the Creek in an area outside the Access Road. The Department of Fish Wildlife allows for work to be conducted on an emergency basis with the determination of whether an emergency exists being ma...
2023.04.27 Motion for Preliminary Approval of Class Action Settlement 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.27
Excerpt: ... Lab. Code, S 2698, et seq.). Plaintiff reports the matter has settled and moves for preliminary approval of the Stipulation of Settlement (the Agreement). (Code 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 class representative; (4) appointing Plaintiff's counsel as class coun...
2023.04.26 Motion to Lift Stay and Vacate Order Compelling Arbitration 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.26
Excerpt: ...aiding 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.) Th...
2023.04.26 Motion to Compel Arbitration and Stay Action 546
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.26
Excerpt: ...motion. (Declaration of Peter Pritchard, '13.) l. Legal Standard California law favors arbitration. (OTO, LLC. v. Kho (2019) 8 Cal.5th 111, 125.) Under California law, "[a] written agreement to submit to arbitration an existing controversy or a controversy thereafter is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract." (Code Civ. Proc„ S 1281.) The right to arbitration depends on the exist...
2023.04.26 Demurrer to SAC 399
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.26
Excerpt: ...ave to amend. Plaintiff's second amended complaint (SAC) alleges the same causes of action as the FAC, namely (1) breach of partnership/joint venture agreement; (2) declaratory relief; (3) equitable contribution; and (4) promissory estoppel. Now before the Court is Defendant's demurrer to the SAC. 1 l. Legal Standard A demurrer tests the legal sufficiency of the allegations in a complaint. It raises issues of law, not fact, regarding the complain...
2023.04.26 Application for Writ of Possession 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.26
Excerpt: ...("Equipment"). Defendant promised to pay to Plaintiff the financed amount of $36,579.49. A true and correct of the Retail Installment Contract and Security Agreement ("Contract") is attached hereto as Exhibit "A" and incorporated herein by this reference. (Cmp., 6.) Defendant was personally served with the summons and complaint on August 19, 2022. Defendant failed to file a responsive pleading, and his default was entered on September 23, 2022. P...
2023.04.25 Motion for Preliminary Injunction 444
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.04.25
Excerpt: ... real property adjacent to real property owned by the defendant Wykoff-Newberg Corporation and leased by Defendants. Defendants grow awycado trees for commercial on the leased property. Defendants installed three wind machines on their leased property to protect their avocado trees from frost. Plaintiffs allege that they are disturbed by the extreme noise the wind machines generate which has interfered with their ability to sleep or watch televis...
2023.04.20 Application for Writ of Attachment 070
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.20
Excerpt: ...et (the "Lease") for space in the Brickyard property ("the Premises"). (Segal Decl. 5.) The Lease term is for two (2) years and five (5) months commencing on November 1, 2020, and expiring on March 31, 2023. (Segal Decl. Ex. A.) Defendant Alexander Nikolas Gierczyk ("Gierczyk") guaranteed Defendant Life-FX'S performance of the Lease, including its timely payment of all amounts owed under the Lease, pursuant to a Guaranty of Lease ("Guaranty"). (S...
2023.04.19 Demurrer to TAC 096
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.19
Excerpt: ...ive trust; (4) unjust enrichment; (5) civil damages under Penal Code secton 496(c); and (6) accounting. On August 3, 2022, the Court sustained Defendants' demurrer to the SAC with leave to amend. A Third Amended Complaint (TAC) was filed on August 15, 2022. Now before the Court is Defendants' demurrer to the Third Amended Complaint. l. Background The three Plaintiffs are sisters, filing this lawsuit in their individual capacities, as well as rema...
2023.04.19 Motion for New Trial 378
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.19
Excerpt: ...dgment was entered on February 8, 2023, and notice of entry of judgment was filed and served on February 21, 2023. Hugh now timely moves the Court to vacate and set aside the decision of the Court. Theresa opposes the motion. Per his notice of motion, Hugh seeks a new trial on the following issues: 1. The Court had no authority to nullify the provisions of the trust amendment made in 2006 and find that the original trust provisions made in 2005 s...
2023.04.13 Motion to Set Aside Ruling 374
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.13
Excerpt: ..., subdivision (b), setting aside this Court's August 25, 2022, order denying Plaintiff a protective order and awarding sanctions (the Order). Plaintiff further requests an order setting a hearing date regarding Plaintiff's motion for a protective order. The Guimaraes Defendants oppose the motion. Pursuant to Code of Civil Procedure section 473, subdivision (b): The court may, upon any terms as may be just, relieve a party or his or her legal repr...
2023.04.13 Motion for Summary Judgment, Adjudication 174
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.13
Excerpt: ...pute concerns alleged construction defects. Specifically, "major foundation settlement [issues] that will require stabilization and related repairs to the damaged structure," i.e., Plaintiffs' residence. (FAC, 10, 11.) Palomar moves for summary judgment, or in the alternative summary adjudication on the ground Plaintiffs' claims are barred by the applicable statutes of repose. (Code Civ. Proc„ SS 337.1, 337.15.)1 For the reasons set forth below...
2023.04.13 Motion for Judicial Reference 425
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.13
Excerpt: ...ground The lawsuit arises out of five loans made to Plaintiff, which is a developer of a residential housing project ("Project") in Lompoc, California. The loans were brokered by MCC. Crooks is the President of MCC. All loans were secured by deeds of trust on lots of land within the Project. Each loan had an interest rate of 11% which would increase to 15% in the event of default. At some point, Plaintiff decided to pursue a construction loan wit...
2023.04.13 Demurrer 127
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.13
Excerpt: ...3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11-12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the property placed into escrow, but that Plaintiff first neede...
2023.04.13 Anti-SLAPP Motion to Strike 127
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.13
Excerpt: ... $80,000. (ld. p. 3, II. 19-20, 28.) Plaintiff alleges the offer was accepted on behalf of Wa ler by her attorney Vincent Martinez. (ld. p. 4, II. 1-2.) Plaintiff alleges that he sent payment of $20,000 to Martinez's lawfirm of Twitchell and Rice ("Twitchell"), along with other payments. (ld. II. 11- 12, 17-18.) In January of 2019, Plaintiff was informed by a secretary for Twitchell that the contract would be written up and the Property placed in...
2023.04.12 Motion to Expunge Notice of Pendency of Action 009
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.12
Excerpt: ...Harms, representative of the estate of David Harms and Jolene Harms (Harms) filed a creditor's claim in the total amount of $300,000. On September 21, 2022, the Public Administrator filed and served a rejection of that claim. Additionally, on August 24, 2022, and September 7, 2022, the Public Administrator filed notices of proposed action proposing to sell Decedent's real property. On December 21, 2022, Harms filed a petition for declaratory reli...
2023.04.12 Motion for Summary Judgment, Adjudication 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.12
Excerpt: ...ed with the Court's probate department and assigned case number PR120281. Plaintiff filed an amended petition in December 2018 (the Amended Petition). 1 on September 9, 2019, Plaintiff filed a separate Petition for Instructons re Corrections, which he amended on August 24, 2020 (the 2020 Petition). In the interim, Plaintiff filed this civil complaint against Hazeltine, Glenn, Marianne Davis (Davis), Gail Edwards (Edwards), and Martin Harris (Harr...
2023.04.12 Motion for Increased Fee Allowance 411
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.12
Excerpt: ...15.98, plus interest, costs and fees. San Luis Obispo County Local Rule 25.02, provides a fee schedule for the award of attorney fees. Plaintiff now moves pursuant to Local Rule 25.04 for an increase in the amount of attorney fees awarded. Local Rule 25.04 prov-des as follows: In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and ...
2023.04.12 Demurrer to FAC, Motion to Strike 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.12
Excerpt: ...ey Harold Messick. Now before the Court is the demurrer filed by the Municipal Defendants. Plaintiff brings multiple causes of action which are premised on alleged mishandling of inspections or applications by the Municipal Defendants. Plaintiff opposes the demurrer.l Defendants have also filed a separate Motion to Strike portions of the FAC which is addressed herein. l. Background Plaintiff's FAC contains many causes of action and facts but enco...
2023.04.11 Motion for Summary Judgment 313
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.04.11
Excerpt: ...c property, (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 alleg...
2023.04.11 Motions to Compel Further Responses 046
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.04.11
Excerpt: ...endant has generally denied all allegations against it, including that it negligently started the fire. On July 7, 2022, Plaintiff served Defendant with Special Interrogatories, Set One, consisting of five interrogatories ("Interrogatories") and Requests for Admissions, Set One, consisting of six requests ("Requests"). Defendant's responses were due on August 8, 2022. Defendant did not request an extension of time to serve responses. Defendant se...
2023.04.11 Motion to Compel Plaintiff to Join Personal Representative of Dismiss Action 177
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.04.11
Excerpt: ...er 2, 2021, and Plaintiffs have been unrepresented since that date. The Court has held multiple case management conferences at which Plaintiffs represented they were seeking to obtain counsel, but no counsel has appeared. Plaintiff Candace Dowden informed the Court at an August 15, 2022, case management conference that defendant William Dowden was deceased. On November 4, 2022, Defendants filed a motion to compel the remaining plaintffs to join a...
2023.04.11 Motions to Compel Discovery Responses 263
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.04.11
Excerpt: ...On May 31, 2022, Defendant served timely objection-only responses to the Interrogatories and Document Request. On September 26, 2022, Plaintiff filed the subject Motion to Compel Verified Responses to Plaintiff's Form Interrogatories — Employment Law (Set One) ("Interrogatory Motion") and Motion to Compel Verified Responses to Plaintiff's Request for Production of Documents (Set One) ("Document Motion"). The Interrogatory Motion and Document Mo...
2023.04.06 Motion for Preliminary Injunction 376
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.06
Excerpt: ...equitable easement, (5) quiet title to easement by necessity, (6) declaratory relief, and (7) preliminary and permanent injunction. The Verified Complaint Plaintiff's verified complaint sets forth the following facts. The Properties Plaintiff alleges she owns real property situated in an unincorporated area of San Luis Obispo County near Avila Beach, legally described as Parcel 2 of Parcel Map CO-99-037 in the County of San Luis Obispo. (Plaintif...
2023.04.06 Motion for Attorney Fees 039
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.04.06
Excerpt: ...MW SLO, which BMW SLO accepted. On August 23, 2022, judgment was entered against Defendants pursuant to that offer. Pursuant to the accepted 998 Offer, the parties stipulated for purposes of the offer and acceptance that judgment would be entered against BMW SLO in the amount of $47,021.75, exclusive of costs; that Plaintiff is the "prevailing plaintiff as used and defined by Civil Code section 1794, subdivision (d); and that Plaintiff would surr...
2023.04.05 Motion for Preference 195
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.04.05
Excerpt: ...ing yard at property located at or near 550 Tank Farm Road in San Luis Obispo on October 6, 2021, when a large tree branch fell on him. On October 19, 2022, this Court denied Plaintiff's motion for an order granting trial preference pursuant to Code of Civil Procedure2 section 36(a). Now before the Court is Plaintiff's renewed motion for preference. Oppositions are on file from Agera, Bunyon, and Covelop. The City has filed a joinder to the motio...
2023.03.30 Motion to Set Aside Default 199
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.30
Excerpt: ...ved with the summons and complaint on May 13, 2022. Hansen did not file a responsive pleading, and default was entered on August 11, 2022. Hansen now moves to set aside the default. The Court is not in receipt of an opposition; a proof of service is on file. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Cod...
2023.03.30 Motion for Sanctions 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.30
Excerpt: ...C (Defendants). Plaintiffs also seek an order holding Belsher in contempt of court. Defendants oppose the motion. Relevant Factual Background This case has been heavily litigated. Of note are the following motions: On June 30, 2022, this Court denied Plaintiffs' motion to compel discovery as moot. The Court granted Plaintiffs' request for sanctions and ordered Belsher to pay Plaintiffs $2,695 in sanctions within 30 days. In the instant motion, Pl...
2023.03.30 Demurrer to FAC 425
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.30
Excerpt: ...dential housing project in Lompoc, California. The loans were brokered by defendant Mid-coast Capital, Inc. ("MCC'). The lender of four of the five loans in question was non-party Miller Family Trust ("Trust"). The loans were secured by deeds of trusts on various lots of real property (Lots 1-5). At some point, Plaintiff decided to pursue a construction loan with RC8 Equities and agreed with RCB that it would have the lenders on the five loans re...
2023.03.29 Motion for Summary Judgment 575
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.29
Excerpt: ...wned by Henry Pangelinan ("Pangelinan") and leased by the Hickeys (the "Condo".) Allegedly, the fire began when the Grays, who were social guests of the Hickeys, negligently used the oven in the Condo. The Condo is part of the BaycliffVillage Homeowner's Association, which is insured through Traveler's. Now before the Court is the Grays' motion for summary judgment. The Grays have raised the issue of whether a social guest should be treated as a ...
2023.03.28 Motion to Set Aside Default 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.28
Excerpt: ...le a responsive pleading. A default judgment was entered on October 20, 2022. Notice of Entry of Judgment was served on October 24, 2022. Joseph filed the subject motion to set aside default on October 28, 2022. Jemmstone, LLC filed opposition to the motion on March 10, 2023. Joseph filed his reply on March 21, 2023. Joseph seeks discretionary relief from default based on excusable neglect. Joseph declares that he worked for many years on commerc...
2023.03.28 Motion to Compel Further Responses 150
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.28
Excerpt: ...lapsed under her. On June 30, 2022, Defendant served Requests for Production Set One ("RFP"), Form Interrogatories Set One, and Special Interrogatories Set One (collectively "interrogatories") on Plaintiff. On August 17, 2022 Plaintiff served her responses to all discovery requests. Plaintiff served an amended response on October 25, 2022. Defendant's counsel attempted a meet and confer by letter dated November 21, 2022. (Declaration of Matthew H...
2023.03.22 Motion for Attorney Fees 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.22
Excerpt: ...ustained with leave to amend. On October 8, 2021, Plaintiff filed a second amended complaint (SAC). On May 16, 2022, the Court sustained Knudson's demurrer to the SAC without leave to amend. 1 Knudson now seeks attorney's fees of $58,772 pursuant to section 6.8 of the parties' Stock Purchase Agreement (SPA), which provides in relevant part: Attorney's Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought ...
2023.03.22 Motion for Summary Judgment, Adjudication 330
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.22
Excerpt: ...nswer on June 22, 2022. Wells Fargo now moves for summary judgment pursuant to Code of Civil Procedure section 473c. Wells Fargo moves on the ground that there is no triable issue of fact as to each of its six causes of action. Its motion is supported by its separate statement, a declaration from counsel, Defendant's responses to Wells Fargo's Requests for Admission, and the declaration of Plaintiff's Qualified Witness Margaret Schulze, Loan Work...
2023.03.22 Motion for Summary Judgment 661
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.22
Excerpt: ...ownership of real property at 118 Clydell Court in Pismo Beach, California (the Property). Plaintiff alleges that he is the owner of an undivided 90% interest in the Property and Defendant is an owner of an undivided 10% interest in the Property. (Comp., "1 3, 4.) Plaintiff alleges that he and Defendant entered into a written agreement providing that he would convey Plaintiff a 10% undivided interest in the Property, and that the parties would li...
2023.03.22 Motion to Disqualify Supplemental Expert Witness 201
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.22
Excerpt: ...endants' motion to disqualify Plaintiff's supplemental expert witness Mark Apodaca. Under [Code of Civil Procedurel ] section 2034.210, subdivision (a), a party may demand a mutual and simultaneous exchange of each expert witness that any party 'expects to offer in evidence at trial.' And section 2034.260, subdivision (b)(l), requires an expert witness disclosure to list every expert 'that the party expects to offer' in evidence at trial... The s...
2023.03.21 Motion for Summary Judgment 050
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.21
Excerpt: ...empleton, CA (the "Property"), that Plaintiff alleges is her personal residence, and arises out of Plaintiff seeking a loan modification related to that Property. l. Background On or about May 17, 2006, Plaintiff obtained a $950,000 loan ("Loan") from Homecoming Financial Network, Inc. as evidenced by an Adjustable Rate Note dated May 17, 2006 and secured against the Property by Deed ofTrust recorded June 1, 2006. (UMF 1.) (Declaration of Gina Fe...
2023.03.21 Motion for Preliminary Approval of Class Action Settlement 080
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.21
Excerpt: ..., failure to provide notice of sick leave, and failure to provide accurate wage statements. Plaintiff seeks penalties and damages under the Labor Code, the Business and Professions Code, and the Private Attorneys General Act (PAGA). After a mediation with Glenn E. Lerman, Esq„ the parties have reached a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the class action settlement, wherein Plaintiff requests the ...
2023.03.16 Motions to Compel Further Responses 577
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.16
Excerpt: ... Exs. E, F, G.) Plaintiff found certain responses to be insufficient. After meeting and conferring, and follow-ng extensions of tme to respond, Plaintiff filed motons to compel further responses to certain RFPs, RFAs, and form interrogatories. Smart72 served amended discovery responses on Plaintiff concurrently with its opposition brief. (Further Supplemental Declaration of Rebecca Peterson-Fisher (F. Supp. Peterson-Fisher Dec.), 1, Ex. A.) Smart...
2023.03.16 Motion for Preliminary Injunction 320
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.03.16
Excerpt: ...ants Chad M. Reinhart; Jessica Reinhart née Stout; Stone Mountain Retreat, LLC; and Stone Mountain Ranch, LLC. The complaint asserts causes of achon for (1) breach and overburdening of easements; (2) trespass; (3) nuisance; (4) declaratory relief; and (5) injunctive relief. The Verified Complaint Plaintiffs' verified complaint sets forth the following facts. The Properties and Easements Plaintiffs and Defendants are neighbors who live on Davis C...
2023.03.15 Motion to Quash Service 044
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.15
Excerpt: ...motion to quash service. Respondent argues that at all times relevant to the Trust, he did not live in California and currently res-des in the State ofVirginia. (Declaration of Gregory Bernhard ("Bernhard Decl.") '1 5.) Respondent states that he does not own property or do business in California. (Ibid.) According to Respondent, in 2016, the Surviving Settlor of the Trust, Donald R. Bernhard ("Donaldl sold his California residence and moved to Vi...
2023.03.15 Motion to Compel Responses, for Sanctions 479
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.15
Excerpt: ...monthly payments of $679.60. Plaintiff alleges that Defendant has defaulted on the loan and refused to surrender possession of the Vehicle. Now before the Court are Plaintiff's unopposed motions to compel and request for sanctions. On April 8, 2022, Plaintiff served upon Defendant the following discovery requests: 1) Form Interrogatories, Set One; 2) Special Interrogatories, Set One; 3) Demand for Production of Documents, Set One; and 4) Requests...
2023.03.15 Motion for Summary Judgment, Adjudication 275
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.03.15
Excerpt: ...lief (Code Civ. Proc„ SS 760.020, 761.020); verified petitions for administrative writ (Code Civ. Proc„ S 1094.5), and/or writ of traditional mandate (Code Civ. Proc., S 1085) on May 11, 2021. The achon is filed against the California Department of Parks and Recreation (State Parks), County of San Luis Obispo (the County), California Department of General Services (DGS), State of California, San Luis Obispo County Air Pollution Control Distri...
2023.03.14 Motion to Set Aside Default 317
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.14
Excerpt: ...20, 2022. Defendant did not file a responsive pleading, and default was entered on March 3, 2022. Defendant now moves to set aside the default. Code of Civil Procedure section 473 authorizes the Court to set aside a default and grant leave to defend the action on grounds of "mistake, inadvertence, surprise or excusable neglect." (Code Civ. Proc., S 473(b).) The motion for discretionary relief must be filed within six months after the clerk's entr...
2023.03.14 Motion to Accommodate Court Reporter Services Via Video Conferencing to Conduct Depositions 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2023.03.14
Excerpt: ... to ASH personnel for a "preference diet." Currently on calendar is Plaintiff's request that the Court provide a court reporter to serve as a deposition officer for written depositions via video conferencing, or in the alternative, that the Court appoint a deposition offcer to conduct the written depositions, and have the defendants bear the cost. ASH opposes the request that it pay for the deposition officer.l Wr-tten depositions are authorized ...

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