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239 Results

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Location: San Luis Obispo x
Judge: Federman, Rita Coyne x
2023.12.28 Motion to Compel Arbitration 524
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ...de of Civ-l Procedure section 1281.2 to compel Coast Nissan and Santander to arbitrate this controversy with the American Arbitration Associaton (AAA), and for a stay of the action pending arbitration. Plaintiff purchased a used car from Coast Nissan pursuant to a Retail Installment Sales Agreement (the Contract). (Declaration of Nima Heydari (Heydari Dec.), Ex. 2.) Plaintiff alleges that Santander is the holder of the Contract. Plaintiff contend...
2023.12.28 Motion for Award of Reasonable Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.28 Motion for Leave to File Complaint 255
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.28
Excerpt: .... The proposed cross-complaint ("Cross-complaint") is attached to the Declaration of Josiah Boggs in support of the motion ("Boggs Decl."). It alleges that if Defendant "is held liable, which liability is specifically denied, then Cross-Defendants, and each of them, are primarily and actively responsible and negligent in causing and bringing about the alleged injuries to Plaintiff. Any liability of Cross-complainant will be computed on the basis ...
2023.12.21 Special Motion to Strike 258
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...cese's request for a temporary restraining order (TRO) was granted on May 19, 2023, and the Court set a further hearing on June 2, 2023. After the June 3, 2023, evidentiary hearing, the Court granted the petition and entered a three- year restraining order. Ingham's counsel did not attend the hearing because the email serving him with notice went to his email's spam folder. The Court granted a subsequent motion to set aside the restraining order ...
2023.12.21 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...SLOCAL now moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton.2 l. Legal Standard A party may move for summary judgment in a...
2023.12.21 Motion for Reasonable Award of Attorney Fees 232
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ... 17200, et. seq.). On March 18, 2022, the Court granted Plaintiff's motion to summarily adjudicate the first and second causes of action for civil penalties under Labor Code section 226, subdivision (f) (payroll records) and section 1198.5, subdivision (k) (personnel records).l The Court also granted Plaintiff's claim for attorney fees and costs under section 1198.5. The Court denied Plaintiff's motion to summarily adjudicate his injunctive relie...
2023.12.21 Demurrer 200
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.21
Excerpt: ...o causes of action for breach of contract and fraud. Plaintiff alleges that she and the District entered into a written contract on January 27, 2022. (Compl., p. 3, SC-I; Ex. A (the Contract or Offer Letter).) Plaintiff alleges that Defendant breached the Contract on March 25, 2022, by refusing to pay Plaintiff the full contractual amount for 75 days, the "minimum number of days of service," and instead the district stated it was releasing Plaint...
2023.12.14 Motions to Compel Further Discovery Responses 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...rogatories, Set One ("Form Interrogatories"); 3. Defendant's Supplemental Interrogatory ("Supp. Interrogatory"); 4. Defendant's Supplemental Request for Production of Documents ("Supp. RFP"); 5. Defendant's Requests for Admissions, Set One ("RFA"). Plaintiff opposes the motions and argues that his objections have merit and he has provided responsive answers to the extent possible. 1. Standard for Determining Motion to Compel Further Discovery Res...
2023.12.14 Motion for Summary Adjudication 621
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.14
Excerpt: ...auses of action for gross negligence and intentional infliction of emotional distress, respectively. Defendants move on the grounds that their complaint of fall well short of the required showing of "extreme" and "outrageous" conduct on behalf of the moving defendants. Plaintiffs oppose the moton as to Shelley only. As to Robert Higginbotham, Plaintiffs do not oppose a dismissal of him as a defendant with respect to their sixth and seventh causes...
2023.12.07 Motion for Summary Judgment 481
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...m SLOCAL. SLOCAL moves for summary judgment on Plaintiffs' sole cause of action alleged against it for negligent entrustment on the grounds that SLOCAL met its duty of care by determining that Aversano possessed a valid driver's license and because it had no reason to believe that Aversano was intoxicated or otherwise unable to reasonably operate a motor vehicle. Plaintiffs oppose the moton. On November 28, 2023, after their opposition was filed,...
2023.12.07 Motion for Final Approval of Class and PAGA Settlement, for Class Counsel Award and Class Representative Service Payment 533
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ifornia. Plaintiff worked for Defendants from March 2017 to March 2019. Defendants filed an answer generally denying all allegations and asserting affirmative defenses. In March, 2023, Plaintiff and Defendants entered into a Stipulation of Settlement of Class and PAGA Acton Claims and Release of Claims ("Settlement Agreement"). (Declaration of Jean-Claude Lapuyade ("Lapuyade Decl."), Ex. 1.) Plaintiff did not notify the Labor and Workforce Develo...
2023.12.07 Motion to Compel Arbitration and Stay Litigation Pending Arbitration 307
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...ky Car Wash Associates, L.P.; Quiky Car Wash, LLC (collectively "Defendants"); and Sun Day Carwash, Inc. ("Sun Day"). Plaintiffs' complaints sets forth fifteen causes of acton. The summary of Plaintiffs' claims is as follows: Defendants Hamish Marshall ("Marshall") and Rodney Cegelski ("Cegelski") (collectively, the "Individual Defendants"), individually and through their entities, are wrongfully taking steps to cause (1) the asset sale of Nomina...
2023.12.07 Motions to Compel Further Discovery Responses 259
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.12.07
Excerpt: ...hell Tae-Yeon Kim is Grace's sister. Grace's father, Kenny Kim, is not a party to this action. (Compl., '1 8.) The dispute centers around real property located at 802 Park Way in Arroyo Grande (the Property). Plaintiffs allege that Mary and Kenny, through the Trust, purchased the Property in 2018 for Plaintiffs and their young son to live in with the understanding that Plaintiffs would make payments on the Property for thirty years, or until 2048...
2023.11.30 Motion to Set Aside Summary Judgment on Bond Forfeiture 762
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...nitial forfeiture gave the bail agent 185 days from the date of forfeiture to locate and return Ms. Vargas to custody. (Pen. Cade, S 1305.) On January 13, 2023, notice of the forfeiture was sent to Bail Hotline's agent and its surety, Financial Casualty and Surety, Inc. (Moving Party). This notice informed Bail Hotline's agent and Moving Party that the forfeiture would become absolute on July 23, 2023, following the 185-day statutory timeframe ou...
2023.11.30 Motion for Summary Adjudication 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...tion of instrument; 2) quiet title to real property; 3) constructive trust; 4) conversion; 5) theft; and 6) declaratory judgment. This achon is consolidated with three other actions, with Live Oak, LLC v. Nevis, 22CV-0429 as the lead action. Now on calendar is Manji's moton for summary adjudication of its first cause of action for cancellation of instruments and as to each of the grant deeds alleged in the FAC on the grounds that they are fraudul...
2023.11.30 Demurrer to SAP 315
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.30
Excerpt: ...ment Permit Project No. P20-000076 (the Administrative Permit). Currently before the Court is the City's demurrer to the SAP on the ground it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. Specifically, the City argues that Petitioners' claim is barred by the relevant statute of limitations. (Gov. Code, S 65009, subd. Section 65009, subdivision (c)(1)(E) requires that any action challenging cond...
2023.11.16 Motion to Enforce Settlement 618
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...2020, Michael and Maureen filed a cross-complaint against Plaintiffs. Kathryn followed by filing her own cross- complaint against Plaintiffs, and then a first amended cross-complaint (FAXC). Plaintiffs are the owners of real property located at 676 Newsom Springs Road in Arroyo Grande (Parcel A). The Specchierla defendants are the owners of real property located at 610 Newsom Springs Road (Parcel C). Plaintiffs claim a right to use an access ease...
2023.11.16 Motion to Compel Further Responses 456
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ...lity, failure to warn, and gross negligence. Steve's ATV filed a cross-complaint against Munoz for express contractual indemnity, breach of contract, and declaratory relief based on the contract Munoz signed ("Cross-complaint"). On June 5, 2023, Munoz propounded Demands for Production, Set One ("RFP") on Steve's ATV seeking documents related to the vehicle Munoz was riding in when the accident occurred, as well as documents regarding other claims...
2023.11.16 Motion to Compel Deposition 262
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... a trial setting conference conducted on September 20, 2023, it was agreed that the period for expert designations is closed; however, depositions of retained experts are governed by the new trial date. The Court set a hearing on November 16, 2023, to discuss the cutoff date for non- retained expert Pursuant to the Court's direction the parties have filed briefs on the issue.l At an informal discovery conference on June 14, 2023, the Court grante...
2023.11.16 Motion for Summary Judgment 616
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.16
Excerpt: ... (SAC) on July 21, 2021. RRM Design Group (RRM), one of multiple defendants in this action now moves for summary judgment as to Plaintiff's SAC on the ground that the undisputed evidence establishes that the completed and accepted doctr-ne applies to RRM and thus Plaintiff's action against RRM is barred. RRM pleaded the completed and accepted doctrine in its thirtieth affirmative defense. RRM further asserts the dtNtrine of issue preclusion as a ...
2023.11.09 Motion to Stay 620
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...ualty Company of America and The Travelers Indemnity Company of Connectcut (collectively Travelers) has agreed to defend the City under a reservation of rights as an additional insured in the Underlying Lawsuits pursuant to policies Travelers issued to Vernon Edwards, the general contractor on the Project. Notwithstanding its agreement to defend the City in the Underlying Actions, 1 Travelers filed the instant coverage lawsuit against the City (a...
2023.11.09 Motion to Renew Judgment 083
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal that same day. The rejection notice stated: "For any Judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5%. Please see new Laws for 2023." (Haney Decl., Ex. B.) On May 2, 2023, Plaintiff's counsel received a filed Renewals of Judgments from the Clerk's Office (Paso Robles branch) in a dif...
2023.11.09 Motion to Dismiss, to Strike 414
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...deceased), filed a third amended complaint (TAC) against Howard & Pepper, Inc. (Trailer Hitch), and John Pepper, individually. After this Court sustained Defendants' demurrer to the TAC with leave to amend, Plaintiffs filed a fourth amended complaint (4AC). After a 16, 2022, request for dismissal filed by Stephen Howard, the following causes of action remained in the 4AC: (1) violation of Corporations Cuie section 1601 (asserted by Stephenl again...
2023.11.09 Motion to Deem RFAs Admitted, to Compel Responses, for Terminating Sanctions 646
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ...) was filed on February 20, 2019. CXR now brings three motions to have its Requests for Admissions (RFAs), Set Three, deemed as admitted; to compel responses to Form Interrogatories —General, Set Two; and for terminating sanctions based upon Plaintiff's willful non-compliance with a discovery order issued on April 13, 2023. CChCR's motions were served by mail on counsel for Plaintiff on May 12, 2023. Plaintiff filed a late opposition on Novembe...
2023.11.09 Motion to Compel Further Responses 429
Location: San Luis Obispo
Judge: Federman, Rita Coyne
Hearing Date: 2023.11.09
Excerpt: ... and Makat (Case No. 22CV- 0431). Plaintiff's complaint alleges Nevis executed, without authority, a grant deed transferring ownership of real property located at 557 10th Street in Grover Beach, California to Makat in July 2022. The two matters, along with two other cases, were consolidated in April 2023. On January 17, 2023, Plaintiff propounded Requests for Production of Documents, Set One (RFPs) on Nevis and Makat. Nevis and Makat responded o...

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