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Location: San Luis Obispo x
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2021.03 25 Motion for Preliminary Approval of Class Action Settlement 373
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03
Excerpt: ... Defendants have disputed all liability and argued that the case should not be maintained as a class action. The action has been heavily litigated. Nonetheless, after attending mediation, the parties reported that they settled the matter. (Stip., filed 01/15/21.) Currently on calendar is Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (the “Motion”). (Cal. Rules of Court, rule 3.769.) The Motion is unopposed and seeks a...
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 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...
2021.06.17 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 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...
2021.06.08 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 for Preliminary Injunction 040
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...wn Creek Lane, Paso Robles, and Defendants own 7330 Town Creek Lane, Paso Robles. (Compl., ¶¶ 1, 3.) Plaintiff alleges the two properties share a common border with the lake during high water levels, but because of the drought, Plaintiff “has consistently crossed over the Raad Property during periods of low water levels by way of an access road [the Lake Access Road] openly and without permission for a period in excess of twenty years.” (Co...
2021.05.27 Motion for Final Approval of Class Action Settlement 036
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ... (the Settlement). On August 13, 2020, this Court granted the parties' motion for preliminary approval of the Settlement. Now before the Court is Arguello's unopposed motion for final approval. The settlement class consists of 1,227 Class Members, defined as all persons that Defendant employed in California during the class period. The class period is May 21, 2014 through August 13, 2020, the date the Court granted preliminary approval. The parti...
2021.05.27 Motion for Summary Judgment, Adjudication 169
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...intiff filed her first amended complaint on June 1, 2018. Plaintiff filed her Second Amended Complaint (”SAC”) on October 3, 2018. The SAC alleges three causes of action, for (1) negligence against SPS; (2) violation of the Homeowner Bill of Rights (“HBOR”) against all Defendants; and (3) and Unfair Business Practices under Business and Professions Code section 17200, et seq., against all Defendants. The action arises out of Plaintiff's a...
2021.05.27 Motion for Summary Judgment, Adjudication 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...laint (“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles. The SAC sets forth the following allegations. On June 23, 2015, Plaintiffs entered into a New Construction Residential Purchase Agreement and Joint Escrow Instruction (the “Purchase Agreement”) with Kleck, the owner of the property. Merrill and Andrew were, respectively, the broker and agent negotiating ...
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...
2021.05.27 Motion to Compel Further Discovery 471
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.27
Excerpt: ...aintiff alleges he was injected with something to be “put to sleep,” and that after a second injection, he felt “like he was going to die.” Plaintiff alleges he could not move his body, could not speak, and vomited. Plaintiff alleges he was injected with something to stop the vomiting but that Dr. Cruz wanted to proceed with the “surgery” without anesthesia. Plaintiff alleges he refused and postponed his surgery. Plaintiff alleges he ...
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...
2021.05.20 Petition to Confirm Arbitration Award 181
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.20
Excerpt: ...ntacted by the arbitrator by phone. On November 14, 2018, the arbitrator issued and served his decision, which awarded $7,693 in favor of Ausman, plus interest at the legal rate of ten percent per annum “from the 30th day after the date of service of this award.” Although the arbitration was non‐binding, it becomes binding unless a party has sought trial within 30 days after service of the award. (Bus. & Prof. Code, § 6203(b).) If no actio...
2021.05.20 Motion to Quash 626
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.20
Excerpt: ...t (“REG”) and its chief executive officer, David Singer, were also named as defendants. They were dismissed without prejudice on April 2, 2021. On May 17, 2021, EHHOA filed a cross ‐complaint against Plaintiffs. Plaintiffs and the individual Defendants all reside within Emerald Hills Estates, a common interest development, located in San Luis Obispo (the “Development”). The Development is subject to both the Davis‐Stirling Common Inte...
2021.05.20 Motion to Compel Arbitration 031
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.20
Excerpt: ...ictoria Street Partners, LLC alleging causes of action for (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duty; (3) money had and received; (4) offer and sale of unqualified non‐exempt securities; (5) misrepresentation or omission of material facts in violation of Corporations Code section 25401; (6) conversion; (7) accounting; and (8) fraud. The parties' dispute arises out of what Plaintiffs allege is a “shell game...
2021.05.20 Motion for Preference 631
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.20
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...
2021.05.13 Motion to Enforce Discovery Order, to Seal 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.13
Excerpt: ...(5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action...
2021.05.13 Motion to Compel Responses 234
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.13
Excerpt: ...Shane Duclos (“Plaintiff”) filed this personal injury action on April 19, 2019, against Anil Chandular Panchal (“Defendant”). Defendant answered the complaint on May 30, 2019. The parties' dispute arises out of a motor vehicle versus motorcycle accident which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories,...
2021.05.06 Motion for Attorney Fees 224
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.06
Excerpt: ...iability company formerly known as Coast National Holdings, LLC and Higuera Holdings, LLC. The complaint alleges causes of action for (1) fraud; (2) misrepresentation and omission of material facts in violation of Corporation Code section 25401; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; and (5) breach of promissory note1 . On May 5, 2020, Plaintiffs filed proofs of service evidencing service of the summons, c...
2021.05.06 Demurrer, Motion to Strike 626
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.05.06
Excerpt: ... dismissed Defendants David B. Singer and REG Property Management, Inc., without prejudice. Plaintiffs and the individual Defendants reside in Emerald Hills Estates, a common interest development (the Development) located in the City of San Luis Obispo. The Development is subject to both the Davis‐Stirling Common Interest Development Act (Civ. Code, § 4000, et seq.; the Act) and a Declaration of Covenants, Conditions and Restrictions, which wa...
2021.04.29 Motion to Set Aside Default 534
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ...il Procedure section 473.5(a). Bronner's counsel, Harold Mesick, declares that a friend put him in touch with Bronner, and when he reviewed Bronner's paperwork he immediately called Plaintiff's then counsel, Stephen Mitchell, to inquire about setting aside the default and litigating the matter. (Mesick Decl., ¶ 3.) Mitchell agreed to stipulate to set aside the default. (Ibid.) Subsequently a different attorney, James Lee, from the same law firm ...
2021.04.29 Motions to Compel Further Responses 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ...ddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional Defendants. The dispute arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In F...
2021.04.29 Motions to Compel Responses, to Deem RFAs Admitted 234
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.29
Excerpt: ... which occurred in Pismo Beach on April 30, 2017. A. Form Interrogatories, Special Interrogatories, and Requests for Production On September 18, 2020, Defendant served form interrogatories, special interrogatories, and requests for production of documents (“RFPs”) on Plaintiff. Responses were due on October 21, 2020. When no responses were received, Defendant's counsel sent a meet and confer letter to Plaintiff on October 27, 2020, asking for...
2021.04.15 Motion to Quash Subpoena 254
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: ... and Chorro Streets in San Luis Obispo. (SAC, p. 4.) Plaintiffs allege that Defendant negligently and proximately caused Thomas' death because: 1. Defendant, who was aware that Thomas was an alcoholic, nonetheless encouraged Thomas, shortly before his death, to become excessively intoxicated and paid for all of Thomas' numerous alcoholic drinks on the evening of Thomas' death; 2. Defendant failed to call 911 or otherwise report Thomas' excessive ...
2021.04.15 Motion for Judgment on the Pleadings, for Leave to File Complaint 047
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: .... Plaintiff's First Amended Verified Complaint, filed on May 15, 2020, alleges five causes of action to, and for (1) Quiet Title; (2) Enjoin Private Nuisance and Trespass; (3) Declaratory Relief; (4) Damages for Nuisance, Trespass, Trespass to Timber and Slander of Title; and (5) Punitive Damages (the “FAC”). Defendants filed their verified answer on July 2, 2020, in which they admit the allegations in part, deny the allegations in part, and ...
2021.04.15 Demurrer, Motion to Strike 186
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: ... fell due to the debris strewn about from the collision. Plaintiff suffered a fractured hip that required hospitalization and surgery. The first amended complaint (“FAC”), filed on August 28, 2020, sets forth causes of action for (1) motor vehicle negligence, and (2) intentional tort. Plaintiff also seeks punitive damages. Currently before the Court is Defendant's (1) demurrer to the intentional tort cause of action, and (2) Defendant's motio...
2021.04.15 Demurrer 701
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.15
Excerpt: ...dgments to take my legal documents.” (Compl., p. 2.) Plaintiff's complaint originally pled causes of action for conversion (Compl., p. 1) and a violation of the 14th Amendment of the United States Constitution (Id. at p. 4). Plaintiff requested that the 3,000 pages be returned to him, $75,000 in damages, and $25,000 in punitive damages. (Compl., pp. 4, 7.) On June 2, 2020, this Court sustained Defendant's demurrer to the complaint and ordered P...
2021.04.08 Motion for Sanctions 656
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.08
Excerpt: ...enses and attorney's fees against Defendant pursuant to Code of Civil Procedure section 128.5, for bad faith actions and tactics that were frivolous and solely intended to cause unnecessary delay in respect to the parties' mediation. Plaintiff contends that Defendant, and his insurance company and adjuster, failed to participate in good faith, preceding and during the parties' November 19, 2020 mediation. Defendant opposes the motion. No reply wa...
2021.04.08 Motion for Determination of Good Faith Settlement 550
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.08
Excerpt: ...int 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, and was struck by a ...
2021.04.01 Motion to Intervene 508
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.01
Excerpt: ...nt failed to appear in the action and default was entered against Defendant on January 6, 2021. No default judgment has yet been entered. Sentry's motion for leave to file complaint‐in‐intervention is now on calendar. The motion was served on Plaintiff and no opposition was filed. Defendant is an electrical contractor, hired by Plaintiff's employer, Entegris, to install electrical components that after installation caused Plaintiff to suffer ...
2021.04.01 Motion to Compel Responses, Request for Sanctions 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.01
Excerpt: ... receive the verification, their counsel followed up by emailed letter on November 12, 2020, in anticipation of the upcoming trial. Having received no response, counsel for the Fears sent a second follow‐up letter on November 20, 2020 (setting a compliance deadline of November 25, 2020); and a third follow‐up letter on November 30, 2020 (setting a compliance deadline of December 2, 2020). (Denove Decl., ¶¶ 2‐8, Exs. 1‐5.) On December 1,...
2021.04.01 Demurrer 535
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.04.01
Excerpt: ...on, Unlawful Business Practices (Bus. & Prof. Code, §17200, et. seq.). Defendant now demurs to the complaint and each cause of action in the complaint. Plaintiff opposes the demurer. The Court grants Defendant's Request for Judicial Notice (“RJN”.) The parties met and conferred prior to the filing of the demurrer. (Mu Decl., ¶¶ 6, 7.) I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pl...
2021.03.25 Demurrer 777
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...plaint is filed on behalf of Plaintiff and the Estate of Victor Raigoza. The CDCR now demurs to the complaint pursuant to Code of Civil Procedure sections 430.10(a) and (e) on the ground that the pleading does not state facts sufficient to constitute a cause of action.2 The CDCR demurs to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against public entities, that Plaintiff...
2021.03.25 Demurrer 138
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...unds, and after the time to oppose had passed, the parties stipulated that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse and wrongful death. Plaintiffs allege that in December 2014, their father, Mauricio Cardenas, was a resident of the The Manse on Marsh, and that Defendan...
2021.03.25 Motion to Quash 235
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...s filed. Defendant contends that she was not personally served with the summons and complaint within sixty days of the filing of the action, pursuant to California Rules of Court, rule 3.110(b). Additionally, Plaintiff failed to file a request for extension to serve the complaint or an order issued by the Court. Defendant therefore contends that the purported service on her is not valid and should be quashed. Defendant denies being personally ser...
2021.03.25 Motion for Summary Judgment 259
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...ises from a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange) and the California State Grange, on the one hand, and the California Guild, on the other hand. As outlined in the FAC: The National Grange is a nationwide, multi‐tier fraternal organization that was founded in 1867 to promote the interests of farmers and communities throughout the United States. The National Grange is the name...
2021.03.25 Motion to Compel Production of Docs 278
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...d 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 between the signing of the op...
2021.03.25 Motion to Increase Deposit 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...he Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). With its lawsuit, the City seeks to acquire the following easements in the Property, collectively referred to as the Easement Interests: ‐ A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres) (the South Pipeline Easement); ‐ A temporary construction ea...
2021.03.25 Motion to Compel Further Responses 222
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.25
Excerpt: ...o Provide Further Written Responses To Form Interrogatories And For An Award Of Sanctions. Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the mot...
2021.03.18 Motion to Quash Deposition Subpoena for Production of Business Records 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.18
Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...
2021.03.18 Motion for Preliminary Injunction 626
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.18
Excerpt: ...ohn Robinson, and Joseph Seither are members of the EHHOA board, while David Singer is the chief executive officer of REG Property Management (“REG”), and the property manager at REG, responsible for handing the EHHOA account. Plaintiffs and the individual Defendants all reside within Emerald Hills Estates, a common interest development located in San Luis Obispo (the “Development”). The Development is subject to both the Davis‐Stirling...
2021.03.18 Motion for Judgment on the Pleadings, to Strike, to Compel Deposition 252
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.18
Excerpt: ...Machado Action.” The complaint alleges 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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple co...
2021.03.11 Demurrer 547
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.11
Excerpt: ...ons and Rehabilitation (CDCR) as Defendants. The FAC alleges causes of action for negligence, declaratory and injunctive relief, conversion, and emotional distress, and Plaintiff seeks compensatory damages and punitive damages. Plaintiff's lawsuit stems from the confiscation of his Sony boombox upon his arrival at CMC. Plaintiff alleges he was previously allowed to have the boombox at another penal institution. Plaintiff alleges that Sergeant Dav...
2021.03.04 Motion to Bifurcate 264
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...ista. Plaintiff alleges that prior to the surgery he could walk, but immediately after, he was unable to walk or move his legs. Trial is set for October 25, 2021. Currently before the Court is Defendant's motion to bifurcate. Specifically, Defendant seeks a separate trial and jury for his medical malpractice statute of limitations defense under Code of Civil Procedure section 340.5, to precede trial on Plaintiff's medical malpractice cause of act...
2021.03.04 Motion for Summary Judgment 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...roducts and negligence, and seeks damages of approximately $425,000 representing the sums Sentinel paid out to resolve its insured's claim. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (“Beshert”), and CV Commercial Real Estate (“CV Commercial”). On January 4, 2019, DC Design filed a cross‐ complaint against Chro...
2021.03.04 Demurrer, Motion to Strike 027
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...es that Ms. Schwind is the sole principal of PGF, and uses that entity as her alter ego. (Id., p. 2, ¶ 9.) Plaintiff alleges that on or about June 27, 2017, Plaintiff made a partly written, partly oral agreement with Schwind and PGF. (FAC, p. 3, ¶ BC‐1.) Plaintiff alleges that it hired PGF, which supplied Ms. Schwind to provide consulting services to Plaintiff's licensed cannabis cultivation clients, and Plaintiff agreed to pay PGF for such s...
2021.03.04 Demurrer 631
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.03.04
Excerpt: ...ee 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 complaint also identifies Vincent's then three‐year...
2021.02.25 Motion to Compel 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ..., by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000, representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Centervest Capital, LLC, Beshert Holdings, LLC (�...
2021.02.25 Motion to Declare Vexatious Litigant 454
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...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 had pre‐ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick‐up counter to retrieve his food. (FAC, 4:4‐6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9‐10.) Plai...
2021.02.25 Motion to Compel Compliance with Subpoena 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.25
Excerpt: ...r 24, 2020, the Guimaraes Defendants served a subpoena for the production of business records on the San Luis Obispo County Probation Department (the County), requesting the following records for Keith Bernard Murphy, date of birth 12/1/1990: Complete records from the first date to the present, including but not limited to call recordings, call logs, transcripts, CAD logs, traffic collision reports, photographs, MPEG or JPEG files, digital images...
2021.02.18 Motion to Compel Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...relief, and (2) quiet title. On May 2, 2019, Eureka filed a cross‐complaint against both Plaintiffs and HomeFed Corporation (HomeFed), also alleging causes of action for (1) declaratory relief, and (2) quiet title. The Parties. The parties' dispute centers around a lease agreement (the 1968 Lease) entered into between Luigi Marré Land and Cattle Company (LMLCC), the lessor, and Diablo Canyon Corporation (Diablo), the lessee1 , for the Property...
2021.02.18 Motion for Leave to File SAC, Demurrer, Motion to Strike 374
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...s of action for general negligence, as well as “wrongful death, pain and suffering, funeral expenses, and legal expenses.” The FAC also seeks punitive damages and $250,000 in compensatory damages. In the FAC, Plaintiff alleges she is the “mother of the deceased (Keith Bernard Murphy II)” (Decedent). Plaintiff alleges that Decedent suffered from various mental health issues, and had a history of substance abuse and suicidal ideation. Plain...
2021.02.18 Motion for Attorney Fees 287
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.18
Excerpt: ...enying the restraining order, on the grounds that Petitioner failed to meet the burden of proof. On September 16, 2020, Volk filed a memorandum of costs in the amount of $761.36; no motion to tax costs was filed. Volk now brings a motion for an award of reasonable attorney's fees pursuant to Code of Civil Procedure section 527.6(s), which provides that the prevailing party in an action brought pursuant to section 527.6 may be awarded court costs ...
2021.02.11 Motion for Leave of Court for Limited Deposition 294
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.11
Excerpt: ...rner negligently drove forward without confirming Plaintiff was safely in the vehicle and drove over Plaintiff's left foot and leg, causing serious injury. (Complaint, ¶ 6.) Turner now moves for an order pursuant to Code of Civil Procedure section 2025.610(b) for a subsequent limited deposition of Plaintiff for the purpose of inquiry regarding documents produced subsequent to Plaintiff's first deposition, which are inconsistent with Plaintiff's ...
2021.02.04 Special Motion to Strike, to File Docs Under Seal, Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.02.04
Excerpt: ...lity violations, malice, right to privacy violations, disclosure of private facts, abuse of process and theft. (Complaint (“Compl.”), p. 3.) Plaintiff's form complaint alleges a series of intentional torts, including obtaining medical records for the purpose of financial gain and to intimidate, harass, embarrass, and humiliate Plaintiff in the process and abuse of discovery (Compl., p. 4); violation of Plaintiff's privacy by violating the Inf...
2021.01.28 Motion to Contest Good Faith Settlement 025
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.28
Excerpt: ... arises out of water damage caused in March 2017, by an Instant‐Flow Water Heater, at premises insured by Plaintiff. Plaintiff seeks damages of approximately $425,000 representing the sums it paid out to resolve its insured's claim. The complaint sets forth causes of action for strict products liability and negligence. In February 2018, Chronomite filed a cross‐complaint for indemnity against Roe Defendants, later identified as DC Design, Cen...
2021.01.21 Motion to Strike, Request for Sanctions 417
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ... guarantees be executed. Defendant moves to strike the complaint pursuant to Code of Civil Procedure section 435, and for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiffs oppose the motion. Defendant argues that Plaintiffs' complaint was filed in bad faith, is frivolous, and was filed in disregard for the current global pandemic landscape. Defendant's counsel submits his declaration in support. Defendant argues t...
2021.01.21 Motion to Compel Compliance with Deposition Subpoena, Request for Sanctions 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.21
Excerpt: ...“SAC”) on December 10, 2018. The parties' dispute arises out of the negotiation, sale, and construction of a home in Paso Robles on Kleck Road. On June 17, 2020, Kleck served an individual Deposition Subpoena for Production of Business Records (the “Subpoenas”) on nonparties Dean Stroud and Lynn Stroud (the “Strouds”). Lynn Stroud is Plaintiff Lisa Canchola's sister. The Strouds live next door to Plaintiffs and in August 2018, also fi...
2021.01.14 Demurrer 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts alleg...
2021.01.14 Demurrer 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...achado'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 these civil proceedings, a criminal complaint was filed on February 5, 2020, two days before the Machado Action, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the counts allege ...
2021.01.14 Motion to Quash 262
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...meanor at the scene of the accident as follows: “She was shaken up, definitely scared. ... She seemed a little incoherent. It was very difficult recalling certain things until I convinced her to get checked out by the medics on scene.” (Opp., Ex. A [transcript of Officer Donovan deposition].) About twenty minutes later, Myers sought additional treatment at the Cal Poly athletic training office, and because she reported symptoms of a concussio...
2021.01.14 Demurrer, Motion for Sanctions 105
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...tortious breach of insurance contract (against Allstate). Plaintiff's lawsuit stems from a December 28, 2014 automobile accident he was involved in with Nicole Missamore, also known as Nicole Mayfield, who suffered injuries. Two lawsuits – one civil (the Civil Case) and one criminal (the Criminal Case) – arose from this accident, both filed in the San Luis Obispo Superior Court. The Civil Case is captioned as case no. 15CV‐0388, Nicole Miss...
2021.01.14 Motion to Compel Arbitration 339
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ... Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes. Defendant contends that Plaintiff's claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff's claims and for an order that Plaintiff's action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.) Defendant filed his motion to compel ...
2021.01.14 Motion for Summary Judgment, Adjudication 148
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2021.01.14
Excerpt: ...wards her, striking her in the back of the head below the helmet she wore. Plaintiff alleges two causes of action, for (1) negligence and/or gross negligence; and (2) negligence per se – violation of Title 8, sections 344.5‐344.17, 3195.1‐3195.14, Civil Code § 2101. Defendant now moves pursuant to Code of Civil Procedure section 437c, subdivisions (a)(1) and (f)(1), for summary judgment, or, in the alternative, summary adjudication, on the...
2020.12.17 Motion to Compel Further Responses 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.17
Excerpt: ... liability for defective design; (3) negligent design; (4) negligent hiring‐retention; and (5) loss of consortium. Plaintiffs filed a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named the “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David...
2020.12.10 Motion to Stay, to Consolidate Actions 310
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...h 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. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The cri...
2020.12.10 Motion to Lift Stay 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...ookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado's assets. Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark's demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F‐00984) related to the same alleged fraud. The criminal complaint was filed on February...
2020.12.10 Motion for Protective Order, to Quash 529
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.12.10
Excerpt: ...Fears”) are David Fear's children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September 28, 2017, and named the City of Exeter and its police department (the “City”) as defendants.1 Plaintiffs allege the City and two of its employees were negligent in selling one of the dogs from the City's K‐9 unit to its handler, who then left the City's employment. On February 28, 2018, Plaintiffs filed a se...
2020.11.19 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ... and delivery, and (6) ejectment. Plaintiffs' lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.) The California State Grange is the National Grange's state‐level division, with jurisdictions over the divisions of other Granges in California, including “Su...
2020.11.19 Motion for Summary Judgment, Adjudication 516
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...s causes of action for (1) wrongful termination on the basis of disability in violation of the Fair Employment and Housing Act (FEHA); (2) failure to reasonably accommodate disability in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; and (4) failure to prevent discrimination in violation of the FEHA. Now before the Court is Defendants' motion for summary judgment or summary adjudication of the is...
2020.11.19 Demurrer 138
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.19
Excerpt: ...ted that Plaintiffs could file an amended complaint without a motion. On August 28, 2020, Plaintiffs, for the Estate of Mauricio Cardenas, filed a First Amended Complaint (“FAC”) for negligence, willful misconduct, elder abuse, and wrongful death. Plaintiffs allege that in December 2014 their father, Mauricio Cardenas, was a resident of the Manse on Marsh, and that Defendants, who owned the Manse, failed to use ordinary care in the management...
2020.11.12 Motion for Preference 244
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...take six to seven weeks. On March 16, 2020, the Court suspended the trial due to the coronavirus pandemic. Thereafter, the jury completed a questionnaire regarding their availability to continue to serve as jurors in light of the pandemic. Several jurors, and all the alternate jurors, were no longer able to serve due to the pandemic. On June 25, 2020, the Court declared a mistrial. A jury trial is now set to begin on March 8, 2021, and is anticip...
2020.11.12 Petition to Release Property from Mechanic's Lien 548
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...ays it was for work and material furnished by Respondent “at the request of, or under contract, with: Alex Nguyen / Ray Bascos, owners” at Lotus Restaurant. Petitioners state that they did not hire Respondent and that the work performed was done for Lotus Restaurant (and its principals), a tenant restaurant at the Property. Petitioners now seek to release the Property from the recorded lien on the ground that Respondent has failed to file an ...
2020.11.12 Motion for Terminating Sanctions, to Deem RFAs Admitted 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...n for (1) breach of contract, (2) declaratory relief, and (3) unjust enrichment. The parties' dispute relates to their written agreement to open and market a new Allstate Insurance Agency. Now before the Court are two motions filed by Plaintiff/Cross‐Defendant: (1) motion for terminating sanctions for refusal to comply with discovery orders; and (2) motion for an order establishing admissions and for sanctions. The Court is not in receipt of De...
2020.11.12 Motion to Transfer Venue 264
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.12
Excerpt: ...1, C, and C1 (the “Project”). The Project is a pipeline located in San Luis Obispo County that carries water from Lake Nacimiento to various public agencies. The District is the owner of the Project and Teichert was the District's general contractor. Teichert's portion of the Project involved installation of pipeline crossings underneath the Nacimiento and the Salinas Rivers. The Project was completed in 2010, and the complaint alleges that i...
2020.11.05 Motion to Enforce Settlement 030
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ... served with the summons and complaint on January 13, 2020, at 6:48 pm. Thereafter, the parties entered into a Stipulation Agreement (the “Stipulation”), which was executed by Defendant on February 22, 2020, and Plaintiff on March 11, 2020. (Exh. 1) Plaintiff now moves to enforce the Stipulation and enter judgment against Defendant. The motion and supporting documents were served on Defendant, but no opposition or objection was filed. Plainti...
2020.11.05 Motion to Compel Compliance with Deposition Subpoena 063
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...Gustin”; collectively with Haagensen “Plaintiffs”) filed a complaint (19CV‐0063) against the same Defendants, as well as two additional individuals, Julie Feuerstein and Kelly Rojas. Both complaints allege that Nielson, who owns a gymnastics training center, made defamatory statements about Plaintiffs at the Center and the gymnastics community at large. Gustin, a gymnastics coach and owner of a gymnastics team, alleges Nielson engaged in ...
2020.11.05 Motion for Entry of Proposed Order for Prejudgment Possession 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...r supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City's motion for prejudgment possession. The Court did not sign the proposed orde...
2020.11.05 Motion for Attorney's Fees 037
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...he Note, the most recent of which was executed in 2015. On May 15, 2018, the Court issued a Right to Attach Order in favor of Plaintiff and against Mr. Takken in the amount of $598,487.52. The order covered all of Mr. Takken's interests in real and personal property as listed in Code of Civil Procedure section 487.010(c), including his interest in Takken Investment Properties, LLC (the LLC). A Writ of Attachment was issued on July 3, 2018, specif...
2020.11.05 Demurrer 236
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.11.05
Excerpt: ...iled a first amended complaint (“FAC”) alleging the same causes of action on June 11, 2020. According to the FAC, Plaintiffs were passengers aboard a motor coach named “Landry,” when it crashed in San Luis Obispo County, causing serious personal injury to each of the Plaintiffs and causing the death of David Turner (whose estate is represented by his surviving spouse, one of the Plaintiffs to this action). The Landry was part of a tour gr...
2020.10.29 Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief 597
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.10.29
Excerpt: ...d his First Amended Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief Pursuant to Cal. Gov. Code 11350 (“the Petition”) on October 17, 2019. Defendants oppose the Petition. On March 26, 2020, Defendants lodged the administrative record in this matter with the Court, Bates Nos. AR000001‐AR000023. Farmer's Petition seeks a declaration that California Code of Regulations, Title 16, section 5040(b)(3), adopted by ...

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