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295 Results

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Location: San Luis Obispo x
Judge: Garrett, Ginger E. x
2020.08.13 Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief 597
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ... 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 t...
2020.08.13 Motion for Preliminary Approval of Class Action Settlement 036
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ...n of Settlement (the Settlement). Arguello brings this unopposed motion for preliminary approval of class action settlement, moving the Court for an order: (1) granting class certification of the Class solely for settlement purposes, pursuant to Code of Civil Procedure section 382; (2) preliminarily approving the Settlement; (3) appointing David Spivak of The Spivak Law Firm and Walter Haines of the United Employees Law Group as Class Counsel; (4...
2020.08.13 Motion for Judgment on the Pleadings 777
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ...ings pursuant to Code of Civil Procedure section 438, on the ground that the complaint does not contain facts stating a cause of action against U.S. Bank. U.S. Bank argues that the complaint does not state facts sufficient to allege the elements of conversion and lacks sufficient facts to establish that Plaintiff has standing to assert claims on behalf of the Estate of Victor Raigoza. The complaint alleges one cause of action against U.S. Bank fo...
2020.08.13 Demurrer 777
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.13
Excerpt: ... complaint pursuant to Code of Civil Procedure section 430.10(e), on the ground that the pleading does not state facts sufficient to constitute a cause of action. Defendants demur to the entirety of Plaintiff's complaint on the grounds that the action is barred by the statute of limitations for actions against state employees, and that Plaintiff lacks standing to challenge the disposition of a check made out to the Estate of Victor Raigoza, as he...
2020.08.06 Motion to Compel Further Responses 158
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.06
Excerpt: ...causes of action for (1) declaratory 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 (Di...
2020.08.06 Demurrer, Motion to Strike 140
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.08.06
Excerpt: ...int centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions. Plaintiff alleges she presented the Vehicle to Defendant's repair personnel on several occasions, and on each occasion, those representatives confirmed the defects/malfunctions would be remedied. Plaintiff alleges that those representations were false and that the Vehicle's defects/malfunctions still...
2020.07.30 Motion for Summary Judgment, for Good Faith Settlement Determination 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ...oyo Grande owned by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages and general damages. Plaintiff contends that he was injured on property located in Arroyo Grande owned and operated by the defendants, and suffered serious injury to his ankle when he fell into a hole. Plaintiff has subsequently suffered amputation below the knee, which he contends is a result of his fal...
2020.07.30 Motion for Prejudgment Possession 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ... (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 Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary constru...
2020.07.30 Demurrer 127
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.30
Excerpt: ...Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP). The Property is described as part of a “Larger Parcel.” The City seeks the following interests (the Easement Interests) in portions of this Larger Parcel: a. A permanent pipeline easement consisting of approximately 37,026 square feet (0.85 acres); b. A temporary construction easement for a ...
2020.07.16 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...d a limited liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 own a 50% membership interest in the LLC, which was managed by a board of managers comprised of tw...
2020.07.16 Motion for Summary Judgment 657
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.16
Excerpt: ...y and post‐operative care, Defendants lacked reasonable skill and care, causing unintended injury to Plaintiff. Plaintiff alleges he was left with temporary blindness, and underwent additional corrective medical procedures due to the complications caused by the injury to his eye. Now before the Court is Defendants' motion for summary judgment. Legal Authority. “The purpose of a summary judgment proceeding is to permit a party to show that mat...
2020.07.09 Motion for Summary Judgment, Good Faith Settlement 513
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...by James Modder and Ladera Plaza, and managed by GMC. Plaintiff seeks damages for wage loss, medical expenses, property damages, and general damages. Motion for Summary Judgment GMC moves for summary judgment against Plaintiff and Intervenor Alaska National Insurance Company2 . pursuant to Code of Civil Procedure section 437c, on the ground that no triable issue of material fact exists, and that GMC is entitled to summary judgment as a matter of ...
2020.07.09 Motion for Summary Judgment, to Compel, to Strike 983
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...1) Elder Abuse – Negligence; (2) Elder Abuse – Fraud; and (3) Elder Abuse – Mental Suffering against Defendants PSHHC and TDG. Plaintiff alleges that he is a resident in the Ocean View Manor Apartments (the “Apartments”) in Morro Bay, California, which are owned by PSHHC with property management by TDG. Plaintiff alleges that on May 16, 2017, Wi‐Fi internet service with ten routers was installed in the Apartments. Plaintiff contends t...
2020.07.09 Motion to Consolidate 110
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.09
Excerpt: ...nlawfully sexually harassed, battered, and assaulted several female students. The first lawsuit was filed on August 16, 2018 by Jane S.G. Doe, and names as Defendants Lucia Mar Unified School District (Lucia Mar), the High School, and Mr. Magdaleno (referred to as the 2018 Action, San Luis Obispo Superior Court Case No. 18CV‐0503). The 2018 Action alleges causes of action for (1) negligent supervision (against Lucia Mar and the High School), (2...
2020.07.02 Motions to Compel Further Responses 427
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...n, (5) claim and delivery, and (6) ejectment. Plaintiff's 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, inc...
2020.07.02 Motion to Tax Costs 389
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...The Watsons now file a Motion to Tax Costs pursuant to California Rules of Court, rule 3.1700(b), to exclude certain non‐allowable costs in Stalwork's cost bill. Code of Civil Procedure section 1033.5(a) sets forth allowable costs and subsection (b) sets forth costs that are not allowable, except where expressly authorized by law. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or ben...
2020.07.02 Motion to Disqualify Counsel 171
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...d liability company called The Yard at Victoria, LLC (the “LLC”). The purpose of the LLC was development of a residential housing project on Victoria Avenue in San Luis Obispo known as “The Yard.” Plaintiff filed this action individually and derivatively on behalf of the LLC. The LLC is not named as a party. Both Plaintiff and PCO3 owned a 50% membership interest in the LLC. The LLC then was managed by a board of managers comprised of two...
2020.07.02 Motion for Preliminary Injunction 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...ting and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to han...
2020.07.02 Demurrers, Motion to Strike 252
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.07.02
Excerpt: ...aintiffs filed their First Amended Complaint. On September 12, 2019, Schneeberger and Smart's claims were ordered to arbitration. On September 30, 2019, Natale filed her Second Amended Complaint, and on November 21, 2019, Natale filed her Third Amended Complaint (“TAC”). Natale's TAC alleges ten causes of action against Defendants: 1) Wrongful Termination in Violation of Public Polices; 2) Retaliation; 3) Disparate Treatment; 4) Failure to Re...
2020.06.23 Motion for Preliminary Injunction 282
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.23
Excerpt: ...ion of the California Environmental Quality Act (CEQA), Public Resources Code sections 21168 and 21168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation1 , formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit centers ar...
2020.06.18 Motion to Stay Civil Proceedings 064
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...ng that time misappropriated over $3 million worth of Plaintiff's assets. Ginger and Wapita filed an answer on March 26, 2020, and Mark filed a demurrer, presently before the Court. Also before the Court is Ginger and Wapita's Motion to Stay the Civil Proceedings Pending Resolution of the Related Criminal Matter (Case No. 20F‐00984). The criminal complaint was filed on February 5, 2020, two days before this civil action was filed and includes m...
2020.06.18 Motion for Trial Preference 328
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... trial setting under Code of Civil Procedure section 36,1 which provides as follows: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in litigation. P...
2020.06.18 Motion for Summary Judgment, Adjudication 115
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...orth various affirmative defenses. The dispute arises out of a past due credit card balance. Currently before the Court is US Bank's motion for summary judgment, or in the alternative summary adjudication. The motion addresses the first two causes of action. No opposition has been filed. As an initial matter, the Court grants US Bank's request for judicial notice. (Evid. Code, § 452(a)‐(c).) As the moving party, US Bank has the initial burden ...
2020.06.18 Motion for Summary Judgment 807
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ... (the Citation) against Plaintiff, assessing a penalty in the amount of $17,100. (Compl., p. 4, ¶¶ 1, 2.) Plaintiff alleges the Citation asserts certain regulatory failures and that such failures presented an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result. (Compl., p. 4, ¶ 3.) Plaintiff alleges that the asserted regulatory failures did not occur, “or were ...
2020.06.18 Motion for Preliminary Injunction, to Compel Responses 749
Location: San Luis Obispo
Judge: Garrett, Ginger E.
Hearing Date: 2020.06.18
Excerpt: ...business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff's office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insura...

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