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1806 Results

Location: San Luis Obispo x
2021.09.30 Request for Sanctions 234
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...
2021.09.30 Demurrer, Motion to Strike 047
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...
2021.09.30 Motion for Terminating and Monetary Sanctions 224
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ...implants and restorative dentistry.” (Comp., ¶¶ 6, 10.) On April 15, 2021, the Court granted Dr. Phillips' (1) motions to compel responses to form interrogatories (set two) and requests for production (set five); and (2) motion to deem requests for admission (set two) admitted. The Court also granted discovery sanctions in the amount of $1,300. Plaintiff was ordered to provide her discovery responses and pay the sanctions by May 7, 2021. The ...
2021.09.30 Motion for Entry of Judgment 550
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.30
Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...
2021.09.29 Motion to Compel, to Quash, for Protective Order 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production 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. On October 8, 2019, Ben...
2021.09.29 Motion to Compel Amended Responses, Further Production of Docs 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Currently on calendar is Garden Street's motion to compel amended responses to requests for...
2021.09.29 Motion for Preference 147
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...buse; (2) fraud, intentional misrepresentation and concealment of fact; (3) breach of contract; (4) conversion; (5) accounting; (6) negligence; (7) negligent infliction of emotional distress; (8) intentional infliction of emotional distress; (9) professional negligence by an attorney; (10) breach of fiduciary duty; (11) breach of fiduciary trust duty; (12) conspiracy; and (13) declaratory relief. Now before the Court is Plaintiff's motion for tri...
2021.09.29 Motion for New Trial 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...tnership (the Limited Partnership); and other Defendants who are no longer a party to the lawsuit. Intervening Plaintiff Daniel Eddleman joined the lawsuit shortly before trial. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision. Plaintiffs now move for a new trial under Code of Civil Procedure section 657. Intervening Plaintiff Daniel Eddleman has filed a notice of joinder to the motion. A ...
2021.09.29 Motion for Clarification and Reconsideration 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...�). The parties agreed that the Court would decide certain preliminary issues in Phase I of the trial, on the papers and after oral argument, which occurred on March 18, 2021. Thereafter, the parties filed final briefing and the matter was deemed submitted on March 30, 2021. On May 17, 2021, the Court issued its Ruling on Phase I of the Trial, which addressed eleven separate issues. Ten days later, Karen Tallent (“Respondent”) filed a Motion ...
2021.09.29 Motion to Consolidate 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.29
Excerpt: ...d 2/27/01, and Marco Specchierla (collectively “Defendants”) on December 31, 2020, 20CV‐0689 (the “Cziraki Action”). The Czirakis filed a First Amended Complaint on March 22, 2021. The Czirakis own and reside on property abutting Defendants' property. (Cziraki First Amended Compliant (“Cziraki FAC.”), ¶¶ 5‐6, 10‐11.) The Cziraki property is accessible only by way of a recorded private access easement across Defendants' propert...
2021.09.28 Motion for Summary Adjudication 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...t it is the owner of real property located at 2445 Brady Lane, Arroyo Grande, California (the Property) consisting of a one hundred and twenty‐eight (128) acre parcel which sits adjacent to Highway 101 (the Highway), and which shares frontage with the Highway for approximately one‐third (1/3) of a mile, with the Highway elevated above the Property. (SAC, ¶¶ 1, 3.) Plaintiff alleges its uses of the Property includes or will include residenti...
2021.09.28 Motion for Attorney Fees 609
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...g amounts. Wigwam moves here for its attorneys' fees and costs incurred in attempting to collect on the Judgment, in the amount of $2,658.16. Wigwam served the motion on Judgment Debtors, but no opposition was filed. Wigwam's unopposed Request for Judicial Notice (“RJN”) is granted; the Court shall take judicial notice of Exhibits 1‐3 to the RJN. Wigwam moves pursuant to Code of Civil Procedure sections 685.040 and 685.080 on the grounds th...
2021.09.28 Motion to Compel Deposition 256
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...incorporated San Luis Obispo County. (Compl., passim.) The plaintiffs are German nationals who, at the time of the incident, were vacationing in California. Now before the Court is Defendant's Motion to Compel Deposition of Plaintiff Pierre Hempel (“Plaintiff”). The notice of motion, motion and supporting documents were served by email on counsel for the plaintiffs via email on July 26, 2021. No opposition is on file. On June 2, 2021, Defenda...
2021.09.28 Motion to Continue Trial 277
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.28
Excerpt: ...2017. Plaintiff then filed a first amended complaint on July 20, 2017. On March 1, 2021, this Court (Hon. Linda D. Hurst, presiding) granted Plaintiff's motion for leave to file a second amended complaint, now the operative pleading in the case. The Court also granted a trial continuance from April 6, 2021, to December 7, 2021. Now before the Court is Defendant's motion to continue the December 7, 2021, trial date. As outlined in its motion, Defe...
2021.09.23 Petition to Confirm Arbitration Award 269
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.23
Excerpt: ... On January 19, 2021, W. Craig Robertson III, of the American Arbitration Association, conducted a telephonic arbitration hearing. (Petition, ¶¶ 6, 7.) Respondents did not appear at the arbitration. On this same date, Mr. Robertson awarded Petitioner $114,589.86 in damages. (Petition, ¶ 8.) The Award is attached to the petition and was served on all parties on January 28, 2021. Petitioner petitions the Court for confirmation of the arbitration...
2021.09.23 Motion to Set Aside Dismissal 253
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.23
Excerpt: ...t a motion to vacate the order prior to that date. Plaintiff now brings a motion to set aside the dismissal, to set aside the Notice of Settlement filed March 11, 2021, and to set the case for trial. Plaintiff served the notice of motion and motion on Defendant at her address of record. No opposition is on file. The moving papers show that on August 18, 2020, the parties negotiated a settlement with respect to the monetary terms but subject to a ...
2021.09.22 Motions to Compel Further Responses, for Protective Order 109
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ber 13, 2019, Sandra Natali (“Natali”) served a second set of requests for production of documents (“RFPs”) on the personal representative, Kim Mathis (“Mathis”). On December 11, 2019, Natali served a third set of RFPs (nos. 34‐101) on Mathis. Mathis served responses to both the second and third sets of RFPs on January 13, 2020. On February 18, 2020, Natali's counsel sent a meet and confer letter outlining his issues with the respon...
2021.09.22 Motion for Summary Judgment, Adjudication 099
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ocated at 783 Asilo Street, Arroyo Grande, California 93420 (the “Property”) to her and that she has invested significant money in the Property, but that Defendants did not convey title to her. Defendants now move for summary judgment, or in the alternative summary adjudication, as to each of Plaintiff's causes of action, on the grounds that Plaintiff is judicially estopped from asserting that she owns the property; therefore, there are no tr...
2021.09.22 Motion for Summary Judgment 498
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...ublic policy; and (4) promissory estoppel. Plaintiff worked for Defendant as a Warranty Administrator from September 8, 2015, to February 9, 2018. (Separate Statement of Undisputed Material Fact [UMF] 1.) A Warranty Administrator submits all warranty claims to manufacturers so Defendant can be reimbursed for jobs completed under those manufacturers' warranties. (UMF 2.) There is some dispute between the parties as to whether Plaintiff was the onl...
2021.09.22 Motion for Leave to File FAC 042
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ...Larry, and caused a head‐on collision with Plaintiff. Now before the Court is Plaintiff's motion for leave to file a first amended complaint (FAC), which is opposed by Defendants. Legal Authority. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading...” (Code Civ. Proc., § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsui...
2021.09.22 Motion for Attorney Fees 519
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.22
Excerpt: ... filed an answer to the complaint. Coasthills thereafter moved for summary judgment as to McGinty, which was granted. Judgment was entered on July 26, 2019, in the amount of $9,373.41. Coasthills now moves the Court for a determination that Coasthills is the prevailing party and, as such, requests that its attorney's fees be recoverable as an item of costs in the sum of $10,780. Coasthills served the motion and supporting declarations on McGinty,...
2021.09.16 Motion to Augment Administrative Record 652
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.16
Excerpt: ...n April 22, 2021. That same day, the City filed a cross‐complaint against VLS alleging breach of contract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross‐ complaint against the City for breach of contract, breach of the implied covenant of good faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. According to the petition, in January 2018, the City contracted wit...
2021.09.16 Motion for Leave to File FAA 742
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.16
Excerpt: ...e to file a first amended answer. Defendant seeks to add a fourteenth affirmative defense to Plaintiff's claims. The Court is not in receipt of an opposition from Plaintiff; Defendant has filed a notice of non‐receipt of opposition. Defendant's proposed fourteenth affirmative defense states: Plaintiff's claims are barred by the settlement and release entered into by the parties in or around January 2019 in the matter before the Department of Fa...
2021.09.15 Motion for Judgment on the Pleadings 100
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ... official capacity as Interim Executive Director of the Commission (the “Executive Director”), and California Department of Parks and Recreation (“State Parks”), and Real Parties‐in‐Interest San Luis Obispo County Air Pollution Control District, its Board of Directors, and its Hearing Board (the “District”). Petitioner's Petition challenges the Executive Director's issuance of two emergency coastal development permits (“ECDPs”...
2021.09.15 Motion for Preliminary Approval of Class Action Settlement 146
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ...he Grand View Apartments (the Property), in Paso Robles. Plaintiffs' complaint alleges causes of action for (1) tortious breach of the implied warranty of habitability; (2) breach of implied warranty of habitability; (3) specific performance of lease agreements; (4) violation of Civil Code section 1942.4; (5) bad faith retention of security deposits; (6) damages for nuisance; (7) abatement of nuisance – injunctive relief; (8) violation of Busin...
2021.09.15 Petition for Writ of Mandate 514
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.15
Excerpt: ...��), and the California Department of Parks and Recreation (“State Parks”). Petitioner filed a First Amended Verified Petition on October 27, 2014. Petitioner brings its Petition on the grounds that the APCD, through an agreement with State Parks, substantively changed a District regulation (Rule 1001) without public notice, an opportunity for public comment, or a hearing as required by state air quality statutes; and as such, the agreement i...
2021.09.14 Motion to Dismiss 261
Location: San Luis Obispo
Judge: Baltodano, Hernaldo J
Hearing Date: 2021.09.14
Excerpt: ...ins 26 questions directed to the Plaintiff. So far as the Court can tell, the only relief requested is that Plaintiff respond to the questions. The Court is also in receipt of a proof of service showing the document was served on Plaintiff's counsel via mail on July 28, 2021. Interrogatories may be sent to “any other party” in the action. (Code Civ. Proc., § 2030.010(a).) Interrogatories are not to be filed with the Court “unless they are ...
2021.09.09 Demurrer, Motion to Strike 484
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.09
Excerpt: ...Plaintiffs' lawsuit stems from their overnight stay at The Inn, where they allege they suffered personal injuries resulting from bedbug bites. The two individual Defendants are alleged to be The Inn's owners. Plaintiffs' sought‐after relief includes punitive damages and attorneys' fees. Now before the Court is Defendants' demurrer and motion to strike the complaint. Demurrer Legal Authority A demurrer tests the legal sufficiency of the allegati...
2021.09.09 Demurrer 235
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.09
Excerpt: ...tiff failed to file an opposition. As an initial matter, Defendant failed to file and serve a declaration showing an attempt to meet and confer prior to filing the demurrer. (Code Civ. Proc., § 430.41.) Nonetheless, a determination by the Court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (Code Civ. Proc., § 430.41(a)(4).) Defendant demurs, pursuant to Code of Civil Procedure section ...
2021.09.09 Motion to Strike 181
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.09
Excerpt: ...ver into the opposite lane of traffic causing a head‐on collision with Plaintiff's vehicle. Attachment 10F of the complaint alleges: [Defendant] willfully consumed alcoholic beverages to the point of intoxication, knowing that he thereafter would operate a motor vehicle and knowing that drinking impaired his driving skills and/or judgment such that he knew it was dangerous, thereby combining sharply impaired physical and mental facilities with ...
2021.09.09 Motion for Summary Adjudication 184
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.09
Excerpt: ...esentation and a survey performed in 2000, Plaintiffs erected various structures, including their home. In 2016, a preliminary survey showed that Plaintiffs' improvements encroached on the neighboring land. The Georges purchased that neighboring land in February 2018, and prior to the purchase Plaintiffs informed the Georges of the survey and of the encroachments. After completing the purchase of their property, the Georges took various actions i...
2021.09.09 Motion to Confirm Arbitration Award 156
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2021.09.09
Excerpt: ...the parties had entered into a written attorney‐client agreement in November 2018. The agreement included an arbitration clause. On August 19, 2020, the Court granted the petition to compel arbitration; and on September 16, 2020, appointed John Drath as the arbitrator. Respondent did not appear during the judicial proceedings. On June 2, 2021, Mr. Drath conducted an arbitration hearing. Respondent did not appear at the arbitration. On June 15, ...
2021.09.08 Motions to Enforce Discovery Order 333
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ...“Seaside”; collectively, “Defendants”).1 Marissa and Seaside filed answers to the complaint on July 29, 2019, and Donald filed an answer on September 3, 2019. The dispute arises out of a Property Management Agreement entered into between Plaintiff and Seaside regarding the management of Plaintiff's residential units located on Monterey Avenue in Morro Bay, California. Under the agreement, Defendants were given the right to rent, lease, op...
2021.09.08 Motion to Compel Mental Evaluation 162
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ...p. The amended petition seeks appointment of a third‐party professional fiduciary as conservator of Respondent's person,1 based on allegations that he lacks capacity to give informed consent to medical treatment. The amended petition, however, does not seek dementia powers. The amended petition also seeks to limit contact between Respondent and his niece (Virginia Garcia), as well as her husband (Allen Garcia). The amended petition alleges that...
2021.09.08 Motion for Reconsideration 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.08
Excerpt: ... to deliver certain documents by April 23, 2019. At the same time, Petitioner served a Deposition Subpoena for Personal Appearance and Production of Documents and Things on both individuals. The depositions were scheduled to take place in early May 2019. Respondent's prior counsel (Adam Daner) objected to the subpoenas on behalf of Black and Chafin. Black and Chafin did not appear for their depositions, nor did they produce any documents in respo...
2021.09.01 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ...addition to the cross‐complaint, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC�...
2021.09.01 Motion for Reconsideration 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ...of that order pursuant to Code of Civil Procedure section 1008(a).2 Under that section, a party may make a motion before the same judge to reconsider the judge's earlier ruling and enter a different order, provided the party meets certain conditions. First, a party seeking reconsideration must make the application “within 10 days after service upon the party of written notice of entry of the order.” (Code Civ. Proc., § 1008(a).) Here, Hazelt...
2021.09.01 Motion to Compel Deposition of PMK 705
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.09.01
Excerpt: ... Obispo, California. (Compl., ¶ 4.) Plaintiff alleges the Subject Vehicle had various nonconformities to warranty, including but not limited to shaking excessively while driving (under normal driving conditions, “in hot weather,” and “after sitting in warm weather and subsequently being driven”) and abnormally clunking when braking. (Compl., ¶ 11.) Now before the Court is Plaintiff's motion to compel a further deposition of Defendant's ...
2021.08.25 Motion to Consolidate 205
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.25
Excerpt: ...alleges that he accepted a settlement offer that Corentec belatedly claimed was revoked, refusing to comply with the agreement's terms. (Cmp., ¶ 2.) This civil action is referred to herein as the “Ferro Action.” The dispute underlying the arbitration arose from a consulting agreement entered into between the parties in March 2015, under which Dr. Ferro alleged Corentec owed him royalties. The arbitration itself began in December 2020, and af...
2021.08.24 Motion to Compel Arbitration 042
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ... by an authorized dealership in California1 . (Compl., ¶ 9.) Plaintiff further alleges that she submitted the Fiesta to PRF for substantial repair on at least on occasion. (Compl., ¶ 50.) Plaintiff's complaint alleges seven causes of action: 1) Violation of Subdivision (D) of Civil Code section 1793.2, against FMC, based on FMC's Express Written Warranty (Exh. A to the Compl.); 2) Violation of Subdivision (B) of Civil Code section 1793.2 agains...
2021.08.24 Motion for Judgment on the Pleadings 261
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...for an order deeming the facts and documents in the RFAs admitted. This Court granted Plaintiff's motion in a July 22, 2020 order. Plaintiff thereafter moved for judgment on the pleadings. In the motion, Plaintiff requested the Court grant judgment on Plaintiff's complaint and find as a matter of law that the complaint states facts sufficient to constitute a cause or causes of action against Defendants, and that the answer fails to state facts su...
2021.08.24 Motion for Attorney Fees 378
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...e and owing unpaid balance of $168,168.18, and interest of $6,240.59, with interest accruing at the rate of $56.06 per diem. (Compl., ¶ 8.) On June 8, 2021, this Court granted Plaintiff's unopposed motion for summary judgment. Plaintiff now moves for its attorney's fees and costs. No opposition is on file; Plaintiff's proof of service evidences that service was effected on Defendant's attorney. Plaintiff seeks to recover attorney's fees in the a...
2021.08.24 Motion for Sanctions or Contempt 087
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.24
Excerpt: ...are of the rent generated by the Property's three rental units. Defendant answered the complaint on May 1, 2019 and filed a cross‐complaint alleging common counts that same day. The form cross‐complaint does not set forth the facts on which the common counts are based. However, Defendant's discovery responses indicate the claims are based on upkeep and repairs undertaken by Defendant to maintain the Property. On March 3, 2020, the parties rea...
2021.08.18 Motion for Leave to File Complaint 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.18
Excerpt: ...rney, filed a response to the complaint, and two purported “counterclaims” for breach of written contract and “material misrepresentation – fraud.” On April 22, 2021, Defendant filed a substitution of attorney, indicating he is now represented by counsel. A court trial is set to begin on September 13, 2021. Now before the Court is Defendant's motion for leave to file a cross‐complaint. Legal Authority. “The court may, in furtherance...
2021.08.18 Motion for Class Certification 377
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.18
Excerpt: ...dividuals employed under common circumstances and facts, have filed this class action lawsuit against Defendants The Berry Man, Inc.; All About Produce Corp.; Les Clark; and Oscar Camacho. Plaintiffs' third amended complaint1 (TAC) alleges wage and hour violations, including unpaid minimum wages and overtime, failure to provide meal and rest periods, failure to provide accurate wage statements, and failure to reimburse for business expenses. Plai...
2021.08.17 Motion to Quash Service of Summons Based on Lack of Personal Jurisdiction 059
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.17
Excerpt: ...the California Department of Transportation. On May 20, 2021, Levonian and Wandzell (collectively “Cross‐Complainants”) filed a Cross‐Complaint for Equitable Indemnity against Steve's RV. The Cross‐Complaint was served by email on counsel for Steve's RV. On June 14, 2021, Steve's RV, specially appeared and filed a motion to quash service of summons based on lack of personal jurisdiction. Steven Stevens, one of the owners and managers of...
2021.08.17 Motion to Enforce Stipulatted Judgment 041
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.17
Excerpt: ...ion for Entry of Judgment and Order Thereon (Stipulated Judgment), which was signed by the Court this same date. The Stipulated Judgment provides that Plaintiff is entitled to possession of the Property. (Stipulated Judgment, ¶ 2.) The Stipulated Judgment also provides that Defendant shall vacate the Property on or before April 5, 2020. (Ibid.) The Stipulated Judgment also states that a writ of possession shall issue upon default. (Id. at ¶ 4.)...
2021.08.12 Motion to Compel Further Responses 256
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.12
Excerpt: ...cific inspection date but asked for a “mutually agreeable time and date no less than thirty (30) days after service of [the] demand.” (Plaintiff's Ex. A.) Hazeltine provided verified written responses by mail (and email) on September 18, 2020. (Plaintiff's Ex. B.) Plaintiff, however, did not reach out to coordinate an inspection time until February 27, 2021. (Hazeltine's Ex. A.) Inspection of the documents ultimately occurred over several day...
2021.08.12 Motion for Good Faith Settlement 644
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.12
Excerpt: ...ian Cuellar and Ruben Cuellar. The second occurred on June 12, 2018, and involved Plaintiff as a pedestrian and Brenda Pettit, driving a car owned by Joseph Pettit. Plaintiff and the Cuellar Defendants have reached a settlement, and the Cuellar Defendants move for an order determining the settlement is in good faith. (Code Civ. Proc., § 877.6, et seq.) After negotiations, Plaintiff and the Cuellar Defendants have agreed to settle Plaintiff's cla...
2021.08.11 Motion for Leave to File FAC 095
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.11
Excerpt: ...tively “Defendants”). Plaintiff brings this action pursuant to the Labor Code Private Attorneys General Act of 2004 (“PAGA”), Labor Code section 2698, et. seq., on behalf of the State of California, for approximately 2,000 non‐exempt similarly situated current and former aggrieved employees of Defendants who worked for Defendants or who were terminated at any time from December 6, 2019, through resolution of this action. The complaint a...
2021.08.10 Motion for Preliminary Approval of Class Action Settlement 361
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...nd Firestone Brewing Company. Martinez‐Gonzalez's second amended complaint alleges various wage and hour causes of action under the Labor Code and the Private Attorneys General Act1 (PAGA). On October 1, 2020, Plaintiff Guillermo Ojeda filed a class action employment lawsuit in the San Luis Obispo Superior Court, case no. 20CVP‐0318 (the Ojeda Action), against Defendant Firestone Walker, Inc. Ojeda is represented by the same counsel as Martin...
2021.08.10 Motions to Expunge Lis Pendens, Demurrer 103
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...ee of The Brian J. Vincik Living Trust dated May 1, 2001, and the B&E Vincik Family Trust. Plaintiffs' complaint alleges causes of action for (1) breach of contract; or (2) “alternatively, promissory estoppel.” Defendants have also filed a cross‐complaint against Plaintiffs alleging causes of action for (1) intentional interference with prospective economic relations; (2) negligent interference with prospective economic relations; and (3) s...
2021.08.10 Motion to Quash 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ... 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 SAC asserts eighteen causes of action against the various Defendants. Now before the Court is Wright's motion to quash untimely and duplicative expert witness exchange demand and for related protective order, and for monetary...
2021.08.10 Motion to Require Security 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.10
Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...
2021.08.04 Motion to Compel Mental Evaluation 162
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...rently on calendar is Petitioner's Motion to Compel a Mental Evaluation of Respondent, made pursuant to Code of Civil Procedure sections 2032.020 and 2032.310, et seq. In response, Respondent has submitted a document entitled, “Objection to Court Proceeding with Conservatorship and to Exercise of Jurisdiction.” Respondent objects to the current request on various grounds. First, Respondent states he was never served with the motion, which was...
2021.08.04 Motion to Compel Further Responses 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.08.04
Excerpt: ...d Roberta Chavez, alleging seven causes of action, for (1) breach of contract; (2) breach of fiduciary duty; (3) fraud; (4) accounting and production 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. ...
2021.08.03 Motions to be Personally Present for Trial 219
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ...urt that he be transported to San Luis Obispo and personally present for trial in this matter. The Court set a reservation for a motion regarding an order for personal appearance on his behalf at a May 11, 2021, hearing. Plaintiff has repeatedly raised his request to be personally present to this Court, and the issue has been discussed, but no orders have yet been made. Trial has been repeatedly continued due to the COVID‐19 pandemic and no tri...
2021.08.03 Motion to Compel Depositions 774
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ...lendar is Plaintiff's “Motion for Special Depositions,” seeking to take the depositions of five ASH employees. Plaintiff alleges that these individuals “have factual information about Plaintiff's claims against Defendant Beraud that support his contentions.” (Mtn., p. I, ll. 19‐21.) ASH opposes the motion, and Beraud has filed a joinder to that opposition. Plaintiff seeks to hold the depositions inside ASH with one of its police officer...
2021.08.03 Motion for Summary Judgment, Adjudication 215
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.08.03
Excerpt: ... capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Department of State Hospitals ‐ Atascadero (“ASH”). (Plt. Decl., ¶ 2.) Plaintiff's amended complaint seeks (1) declaratory relief regarding the parties' rights and duties under the June 2018 certifica...
2021.07.29 Motion to Expunge Lis Pendens 224
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.29
Excerpt: ...�), which shares a common boundary with real property owned by Defendants. After filing the complaint, Plaintiff recorded a Notice of Pendency of Action, on May 17, 2021 (the “Lis Pendens”). The Lis Pendens states the action concerns real property owned by Defendants, identified as APN 090‐ 372‐027 (“Lot 27”).1 The complaint alleges that Anderson acted as Defendants' agent to list and sell their property, and during her efforts to do ...
2021.07.22 Motion to Sever Cross-Complaint 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.22
Excerpt: ...s injured leg was subsequently amputated below the knee, which he contends was a result of his fall. Plaintiff dismissed Ladera from the action on November 9, 2020, after the Court approved the parties' good faith settlement. Prior to that, on September 3, 2020, GMC filed a cross‐complaint against Dr. Eric Ford Shepard (“Shepard”), the surgeon who performed the amputation.2 According to GMC's cross‐complaint, the amputation was an electiv...
2021.07.22 Demurrers 105
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.22
Excerpt: ...breach of insurance contract (against Allstate). The Law Firm Defendants filed a demurrer to the single cause of action pled against them in the FAC. On January 14, 2021, this Court sustained the Law Firm Defendants' demurrer with leave to amend. On March 1, 2021, Plaintiff filed a second amended complaint, wherein he amended both causes of action against all Defendants. Allstate objected to this second amended complaint because Plaintiff amended...
2021.07.15 Motion to Quash Deposition Subpoena for Production of Business Records 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.15
Excerpt: ..., was Machado's bookkeeper for more than 20 years and during that time misappropriated over $3 million worth of Machado's assets. The complaint further alleges that the Mankins have repaid a portion of the converted funds. In addition to the civil action, a criminal complaint was filed against Ginger on February 5, 2020, and includes multiple counts of embezzlement, under Penal Code section 487(b)(3). Six of the counts allege embezzlement from Ma...
2021.07.15 Motion for Summary Judgment, Adjudication 120
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.15
Excerpt: ...,494.25, plus interest. (Compl., ¶ 10.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. Defendant has filed an opposition. As the moving party, Plaintiff bears the burden to produce admissible evidence on each element of each cause of action entitling it to judgment. (Code Civ. Proc., § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If Plaintiff makes a prima facie showing, the burd...
2021.07.14 Motions to Compel Further Responses 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...hes of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Property is Not a Trust Asset, against Respondent Mark Braaten, individually and as Trustee of the Trust. Respondent filed a verified Response and Objection on June 30, 2020. Now before the Court are three motions to compel filed by Respondent: (1) Motion to compel further responses to form interrogatories, and for $2,785.50 in sanction...
2021.07.14 Motion to Seal 524
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ... that the Administrative Record in this matter contains confidential peace officer personnel records within the meaning of Penal Code sections 832.7(a) and 832.8, including personal data, election of employee benefits, employee appraisal and discipline, complaints and investigation and disposition of complaints, information derived from such confidential records and other information, the disclosure of which would constitute an unwarranted invasi...
2021.07.14 Motion for Judgment on the Pleadings 100
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...essel Family Trust on April 28, 1992 (the “Trust”). Ralph had one child from a prior relationship, Gregory Wessel (“Respondent”), and Evelyn had two children from a prior relationship (Petitioners). Evelyn and Ralph served as co‐trustees until Evelyn passed away, on June 25, 2005. After her death, Ralph executed thirteen amendments to the Trust (dated 07/01/05; 07/27/05; 02/07/06; 02/28/09; 05/04/11; 01/13/12; 10/19/12; 07/15/13; 03/24/...
2021.07.14 Demurrer, Motion to Strike 152
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...tioners allege causes of action for (1) invalidation of purported trust amendment; (2) invalidation of will; (3) removal of successor trustees; (4) recovery of trust property; (5) finding of breach of trust; (6) undue influence; and (6) accounting. On June 30, 2020, Respondents filed an “Answer to Verified Petition as to Invalidation of Will,” in which Respondents asserted: Respondents only intend to respond with this answer to the Second Cau...
2021.07.14 Demurrer 490
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.14
Excerpt: ...nt, NFP and Davis have sued Knudson, but not Plaintiff, in San Diego County. (RJN, Exs. 1, 2.)1 The cross‐complaint in this action and the amended complaint in the San Diego action assert the same five causes of action. Nunes is not named as a defendant in either of those pleadings. After a successful demurrer to the interpleader cause of action filed by Knudson, Plaintiff filed a first amended complaint (“FAC”), on March 5, 2021. The Court...
2021.07.13 Motion to Compel Deposition, Further Responses, for Monetary Sanctions 182
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...'s Motion to Compel Plaintiff's Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Date: July 13, 2021 TENTATIVE RULING Background. In August 2005, Plaintiff Matthew Hunt purchased a vehicle, which purchase was financed by Defendant Ford Motor Credit Company, LLC. On March 4, 2009, Defendant obtained a default judgment against Plaintiff in the amount of $16,934.79 (San Luis Obispo Superior Court Case No. ...
2021.07.13 Demurrer, Motion to Strike 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...fire which spread to Plaintiff's property. The fire occurred on June 27, 2017. On September 4, 2020, Plaintiff filed a second amended complaint (“SAC”). The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. The SAC set forth three causes of action: (1) gross negligence against Macagni and Garcia; (2) violation of constitutional rights against the County; a...
2021.07.13 Motion for Final Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...
2021.07.13 Demurrer 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...
2021.07.13 Motion to Compel Depositions of Expert Witnesses 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...fs' purchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. The Crabtree Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges c...
2021.07.13 Motion to Permit Discovery of Profits and Financial Condition 239
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...rchase of real property and business assets including a winery, vineyards, a bed and breakfast, and other improvements, located in Paso Robles, California, known as the San Marcos Creek Winery and Vineyard (the Property.) Plaintiffs allege numerous improprieties in the sale of the Property. Defendants represented both Plaintiffs and the sellers in this real estate transaction. Plaintiffs' second amended complaint (SAC) alleges causes of action ag...
2021.07.13 Motion to Require Security 266
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...in the District Court of Barton County, Kansas, Case No. 2015‐CV‐000055. Schaefers filed an appeal, and on April 19, 2019, the Kansas Court of Appeals affirmed the trial court's fraud judgment against Schaefers. On May 17, 2019, Schaefers filed a Petition for Review with the Kansas Superior Court. On December 19, 2019, the Kansas Supreme Court denied the petition for review. The Kansas judgment is final. Schaefers initially sought a stay of t...
2021.07.13 Motions to Compel Further Responses 195
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.07.13
Excerpt: ...h spread to Plaintiff's property. The fire occurred on June 27, 2017. Plaintiff filed a second amended complaint (“SAC”) on September 4, 2020. The SAC named a new defendant, mechanic Robert Garcia (“Garcia”), based on work he performed on Macagni's vehicle on the day of the fire. After a successful demurrer and motion to strike, Plaintiff filed a third amended complaint (“TAC”) on February 26, 2021. The only remaining defendants are M...
2021.07.08 Motion to Compel Further Responses 631
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.08
Excerpt: ...months old at the time) suffered burns from hot coffee left on a table while in Defendant's care. After seeking leave to amend, Jennifer filed a first amended complaint on October 23, 2020, adding a request for punitive damages. Defendant answered the FAC on November 20, 2019. In addition to filing an action on behalf of the minor, Jennifer filed an individual action for negligent infliction of emotional distress (20CV‐0322) in June 2020. The c...
2021.07.08 Motion for Reconsideration, to Dismiss 454
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.08
Excerpt: ...m a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20‐24.) Plaintiff alleges that during this visit, Defendant's employees informed Plaintiff that dogs are not allowed in its restaurant. Plaintiff's lawsuit seeks a state‐wide permanent injunction requiring Defendant's restaurants throughout California to adopt a general nondiscrimination policy...
2021.07.08 Motion for Determination of Good Faith Settlement 550
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.08
Excerpt: ...to their complaint adding Rossetti Company Management, Inc. (“Rossetti”), the Karen Lunn Waugaman Irrevocable Trust dated 5/08/09 (“Waugaman Trust”), and Waugaman Properties, LLC (“Waugaman Properties”) (collectively the “Waugaman Defendants”) as Doe Defendants. The action arises out of an automobile accident on October 20, 2018, wherein Lois Heal (“Decedent”), was a pedestrian in the parking lot for Miner's Ace Hardware, wher...
2021.07.08 Demurrer 265
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.08
Excerpt: ...demur to the SAC. Henry Alan Heer (“Heer”) now demurs to Plaintiffs' eleventh cause of action for Unfair Business Practices under Business and Professions Code sections 17200, et seq. (the “UCL”), in the SAC, on the grounds that the SAC fails to allege facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Counsel for the parties met and conferred prior to filing this demurrer. (See Newsum Decl.) I. Standard at ...
2021.07.06 Motion for Final Approval of Class Action Settlement 413
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.07.06
Excerpt: ...ter at mediation, with Defendant to pay a gross settlement amount of $450,000. The Court preliminarily approved the settlement on March 15, 2021, and conditionally certified the settlement class as follows: “All individuals employed by defendant Kings Oil Tools, Inc. [] as a non‐exempt service employee in the State of California for the period from December 30, 2015, through the earlier of February 3, 2021 or the date the Court grants prelimi...
2021.07.01 Motions to Strike 656
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.07.01
Excerpt: ...t of statements that Defendants made about Plaintiff to Detective Eric Stradley of the San Luis Obispo Police Department, during an investigation in June 2019. Attached in support of the complaint's allegations are police reports prepared by Detective Stradley, memorializing his discussions with two witnesses, identified by Plaintiff as Defendants. (Cmp., Exs. 1, 3.) Currently before the Court are the Defendants' individual motions to strike purs...
2021.06.30 Motion to Strike 030
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...ce filed felony charges against Plaintiff on July 12, 2019, in connection with four “correspondences” sent to different local real estate agencies that rented properties in Plaintiff and Defendant's neighborhood. The complaint alleges the letters warned the recipient real estate agencies not to rent neighborhood properties to racial minorities and threatened to shoot any such renters and the real estate agents if that occurred. The complaint ...
2021.06.30 Motion to Amend Interlocutory Judgment 480
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.30
Excerpt: ...n agreeing (1) to the appointment of Judge Douglas George Hilton (the “Referee”) as referee in this partition matter; (2) that each party may make a recommendation of a broker, but the final decision would be made by Judge Hilton; and (3) that all parties would cooperate with the referee in the partition process; if Plaintiff wished to invest in testing or “beautification”, that will be at the discretion of and performed through the refer...
2021.06.24 Motion to File Under Seal Confidential Docs 644
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.24
Excerpt: ...in San Luis Obispo County. Plaintiffs subsequently filed three amended complaints and have named multiple additional defendants, including the California Department of Transportation, Caltrans, the State of California, CHG Medical Staffing, Inc., DaVita, Inc., and Foundation Medical Staffing. CHG Medical Staffing Inc., Foundational Medical Staffing, and DaVita Inc. (“Defendants”) now move this Court for an order permitting them to file under ...
2021.06.24 Request for TRO, Preliminary Injunction 232
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.24
Excerpt: ...ffering from the coronavirus at other California penal institutions to be moved to the California Men's Colony in San Luis Obispo (the “CMC”). The petition asks, among other things,1 that the Court prohibit the California Department of Corrections and Rehabilitation (“CDCR”) from making any such future transfers. Respondent has not yet been served with the petition. On October 27, 2020, Petitioner filed a request for an order (1) that he ...
2021.06.23 Motion to Require Mechanic's Lienholders to File Supplemental Complaints 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...uction, Inc. (“Specialty”) to serve as the general contractor for the Project. In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens.1 Those liens in turn led to this litigation and the consolidation of several related actions, all of which concern the Project. On April 8, 2021, the Court approved Garden...
2021.06.23 Motion to Compel Deposition, to Quash Deposition Subpoena 260
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... to quash Plaintiff's deposition subpoena and production of documents to Michelle Hugo (5) Defendant Taylor Judkins' motion to quash Plaintiff's deposition subpoena and production of documents to Kalin Eisenbeis Date: June 23, 2021 Background. On May 18, 2020, Plaintiff PB Companies, LLC, derivatively on behalf of Tank Farm Center, LLC, filed a lawsuit against Defendants Taylor Judkins and Tank Farm Center, LLC1 alleging causes of action for (1) ...
2021.06.23 Motion for Summary Adjudication 494
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...6 (the Revocable Trust); Linda J. Bowlby, individually and as beneficiary under and Successor Trustee of the John L. Hindmarsh Trust Dated on or about February 9, 2017 (the February 9, 2017 Trust); and Johnny Lawrence Newton, an individual and as beneficiary under the Revocable Trust and Irrevocable Trust and as contingent beneficiary under the February 9, 2017 Trust. Plaintiffs' complaint alleges causes of action for: (1) declaratory relief, (2)...
2021.06.23 Motion for Summary Adjudication 034
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ... 23, 2021, hearing date for a motion for summary adjudication. On May 28, 2021, defendant Heidi Huff filed a motion entitled “Motion for Order of Non Responsibility of Defendant Heidi Huff,” along with supporting declarations, for the June 23, 2021 hearing. Ms. Huff's motion does not state that she moves pursuant to Code of Civil Procedure section 437c, and it is not titled a motion for summary adjudication. The motion relies on evidence, and...
2021.06.23 Motion for Preliminary Approval of Class Action Settlement 689
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2021.06.23
Excerpt: ...“FAC”) that added a ninth cause of action for Civil Penalties under Labor Code sections 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff's FAC alleged that Defendants failed to (1) provide all meal periods, (2) provide all rest periods, (3) pay all wages for all hours worked, (4) indemnify for business expenses, (5) pay accrued vacation pay, (6) issue accurate and complete itemized wage statements, (7...
2021.06.22 Motions to Compel, Deem Admitted 312
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ... on Defendant, including demands for production of documents, special interrogatories, form interrogatories and requests for admission. Defendant failed to respond to any of the discovery. On January 29, 2021, Plaintiffs' counsel sent a meet and confer letter to Defendant requesting that Defendant respond to the discovery on or before February 12, 2021. Defendant failed to respond. Plaintiffs thereafter filed four discovery motions: • Motion to...
2021.06.22 Motion to Require Mental Health Exam, to Compel Compliance and Release of Psychotherapy Records 253
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...action for: (1) negligence; (2) assault; (3) battery; (4) sexual assault; (5) false imprisonment; and (6) intentional infliction of emotional distress. Kurt Tom is named as a defendant as to all causes of action; his parents, the Toms, are named as to the first and sixth causes of action. Now before the Court are two motions filed by Defendants: 1. Motion for order requiring mental health examination (MHE) of Plaintiff; and 2. Motion to compel co...
2021.06.22 Motion to Quash 287
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ... preliminary and permanent injunction for unfair competition pursuant to Business and Professions Code section 17200 et seq. On October 11, 2019, Mr. Martinez and PS.37:4 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 Code sectio...
2021.06.22 Motion for Protective Order 325
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...rrevocable 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 SAC asserts eighteen causes of action against the various Defendants. Plaintiff's lawsuit arises from their investments in various real estate projects through Defendants John Belsher and Ryan Wright. Plaintiff alle...
2021.06.22 Motion for Attorney Fees 274
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...nd (3) unjust enrichment. Plaintiff's lawsuit stems from her agreement with Defendants regarding Plaintiff's “dream wedding and reception,” which was to be held at Defendants' facility in Paso Robles, Home Sweet Home Cottage & Ranch (the Premises). (FAC, ¶¶ 1, 3.) On March 2, 2021, this Court sustained Defendants' demurrer to the first and second causes of action with leave to amend, and the third cause of action without leave to amend. The...
2021.06.22 Demurrers, Petition for Writ of Mandamus and Complaint 010
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...ounty and its Board of Supervisors (collectively, “Defendants”). After a partially successful demurrer, Plaintiff filed a second amended petition and complaint (“SAC”), on April 30, 2021. The SAC added Cathy Wolfe, Harvey Smith, and Harry Batrum as individual defendants (collectively with the NRWMAC, “Plaintiffs”). The SAC sets forth five causes of action: (1) inverse condemnation; (2) violation of the Public Records Act; (3) breach o...
2021.06.22 Demurrer 009
Location: San Luis Obispo
Judge: Hurst, Linda
Hearing Date: 2021.06.22
Excerpt: ...ute of limitations set forth in Code of Civil Procedure section 340.5. Specifically, the allegations which sought to state a breach of the standard of care based on acts prior to “late September 20218.”1 On November 17, 2020, the Court heard Plaintiff's request for leave to file a second amended complaint (“SAC”). The Court granted Plaintiff's request to add intentional tort claims. Plaintiff filed the SAC the following day. On January 18...
2021.06.17 Motion to Set Aside Default Judgment, Quash Writ of Execution 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.17
Excerpt: ...ranted Plaintiff's unopposed motion for terminating sanctions. Defendant's answer and cross‐complaint were stricken, and default was entered. On January 13, 2021, the Court held a default prove‐up hearing, at which Plaintiff was sworn and examined. On January 14, 2021, default judgment was entered against Defendant in the total amount of $1,060,351. On March 11, 2021, Defendant filed a substitution of attorney, wherein her current counsel at ...

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