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Location: San Luis Obispo x
Judge: Garrett, Ginger E. x
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 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...
2021.07.22 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...
2021.07.15 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...
2021.07.08 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 ...
2021.07.01 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...
2021.06.24 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 ...
2021.06.24 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 ...
2021.06.17 Demurrer 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.17
Excerpt: ...Ginger, through her company Wapita, 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 (two days before the Machado Action), and includes multiple counts of embezzlement under Pena...
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 ...
2021.06.17 Motion to Compel Production of Docs 278
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.17
Excerpt: ... a consultant who assisted with the planned subdivision. On May 5, 2020, Plaintiff served a Deposition Subpoena for Production of Business Records on Kirk Consulting. Kirk Consulting complied with the subpoena by producing responsive documents, as well as a one‐page privilege log objecting to production of seven emails on the grounds of attorney‐client privilege and/or the work product doctrine. Defendant reports that all correspondence betwe...
2021.06.08 Motion to Set Aside Entry of Dismissal 015
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.08
Excerpt: ...g on January 6, 2021, at 9:00 a.m. in “Paso Robles Department 2.” OSC stated that it would be vacated if a response was filed or if a default judgment was entered at least 10 court days prior to the hearing. On December 24, 2020, the Court electronically served on Plaintiff's counsel a Notice of Hearing by Zoom, which confirmed the date, time, and department (“Paso Robles Department 2”) for the OSC. Plaintiff did not appear at the OSC hea...
2021.06.08 Motion to Permit Discovery of Profits and Financial Condition 239
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.08
Excerpt: ... 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 against Defendant...
2021.06.08 Motion for Summary Judgment, Adjudication 378
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.08
Excerpt: ...due 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.) Plaintiff now seeks summary judgment, or in the alternative, summary adjudication. No opposition has been filed.1 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. Atla...
2021.06.08 Motion for Reconsideration 296
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.08
Excerpt: ...7, which he asserts is defective. On May 15, 2019, Plaintiff propounded a first set of requests for production of documents (“RFP”) on FCA. FCA served initial responses on July 2, 2019, objecting to the RFPs on various grounds. FCA then served supplemental responses on September 13, 2019, in which it agreed to “comply in full” with Plaintiff's RFP numbers 16 and 22. Those RFPs requested: REQUEST FOR PRODUCTION NO. 16: All DOCUMENTS, inclu...
2021.06.08 Demurrer 128
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.08
Excerpt: ... of action1 on the grounds that it fails to allege facts sufficient to state a cause of action for quiet title under Code of Civil Procedure section 430.10(e). U.S. Bank filed a notice of joinder in the demurrer. However, U.S. Bank filed an answer to the complaint on July 10, 2020, almost nine months before the demurrer was filed. A joinder seeks the same relief sought in the moving party's papers. (See Weil & Brown, Cal. Practice Guide: Civil Pr...
2021.06.03 Special Motion to Strike 680
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.03
Excerpt: ...on or review by a judicial body or other official proceeding (Code Civ. Proc., § 425.16(e)(2)); and/or 2) in furtherance of the exercise of the constitutional right of petition or constitutional right of free speech in connection with a public issue(s) or issue(s) of public interest. (Code Civ. Proc., § 425.16(e)(4).) Defendant contends that Plaintiff's complaint arose from Defendant's protected activity and Plaintiff cannot establish a probabi...
2021.06.03 Motion to Transfer 269
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.03
Excerpt: ...d into a contract with Webcor Construction, LP to construct a project, and that Webcor then entered into a written subcontract with Plaintiff for the project with an agreed‐upon contract price of $16,424,494. (FAC, ¶¶ 8‐9.) Plaintiff alleges that Webcor has not paid Plaintiff nearly three million dollars under the contract. (FAC, ¶ 16.) Plaintiff alleges that it previously served on CSU a stop payment notice in the amount of $2,864,487.54,...
2021.06.03 Demurrer 469
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.06.03
Excerpt: ...verse condemnation. In their FAC, Plaintiffs allege they own a 48‐acre parcel in the San Luis Obispo County (the Property) to cultivate wine grapes. (FAC, ¶ 8.) Plaintiffs allege they acquired the Property in 2012. (FAC, ¶ 9.) Plaintiffs allege in summer 2013, they hired Miller Drilling Company to install an electric water pump and related water supply facilities on the Property's existing water well for the purpose of irrigating Plaintiffs' ...
2021.05.27 Motion to Set Aside Default Judgment 345
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...nded Summons and Complaint were served on Jay Coakley at 32230 N. Harbor Dr., Fort Bragg, CA 95437 (the Fort Bragg Address”) via substituted service. The documents were left with Jay Coakley Jr., son of Defendant, on January 17, 2018 at 3:35 p.m., and were mailed to that same Fort Bragg Address on that same date from Ft. Bragg, California. Defendant did not appear in the action. On June 3, 2019, default was entered against Defendant. On January...
2021.05.27 Motion to Quash Subpoenas 565
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...ition of Public Property is alleged against the State of California (the “State”), amongst other Defendants. On January 12, 2021, the State served two deposition subpoenas for business records relating to Jordan's records on California Polytechnic State University, in San Luis Obispo (“Cal Poly”), and on Cal Poly Campus Health & Well Being, seeking production of records, on February 8, 2021 (the “Subpoenas”). The Subpoenas were both a...

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