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1851 Results

Location: San Luis Obispo x
2024.02.20 Motion for Leave to File FAC 258
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...omplaint against Plaintiff; PRCCC, Inc.; and 1144 Black Oak Associates, LLC (Cross -Defendants). Plaintiff also has a pending cross- complaint against other parties. The parties' dispute centers around their agreement concerning the sale of Plaintiff's restaurant in Paso Robles to Defendant Ayrapetian. Plaintiff asserts one cause of action for breach of contract against Defendant Ayrapetian, alleging Defendant failed to pay the cash purchase pric...
2024.02.20 Demurrer 077
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.20
Excerpt: ...ied, operated, controlled, supervised, patrolled, monitored, managed, and maintained a parking lot in Paso Robles. Plaintiff alleges the parking lot included a “posted warning sign1 regarding no overnight camping.” Plaintiff alleges the parking lot was open for use by members of the public including shoppers and pedestrians, like the Plaintiff, using the premises in its normally intended and foreseeable manner for foot traffic and passage. Pl...
2024.02.15 Motion to Tax Costs 374
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...ng), and judgment was entered in her favor on June 17, 2022. On August 25, 2022, this Court (Hon. Federman, presiding) denied Plaintiff's motion for a protective order and for sanctions. The Court granted the Guimaraes Defendants' request for sanctions in the amount of $6,540. Plaintiff's counsel was ordered to pay that amount to the Guimaraes Defendants on or before September 15, 2022. The Guimaraes Defendants' motion for summary judgment was gr...
2024.02.15 Motion to Compel Further Responses 679
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ... Drive, Santa Maria, California (the Property) from Defendants Joanie James and the Trust; Cornerstone is alleged to be the real estate agent for the Property. Plaintiffs assert causes of action for negligence, breach of contract, and fraud, alleging Defendants promised to undertake certain repairs to the property, that those repairs were not made, and that Plaintiffs suffered damages as a result. Now before the Court is Defendants' motion to com...
2024.02.15 Motion to Compel Arbitration 307
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...Quiky Associates), and Quiky Car Wash, LLC (Quiky LLC; collectively, Defendants). The dispute concerns the sale of substantially all of Quiky Associates' assets to Sun Day Carwash, Inc. (Sun Day). Sun Day is also named as a defendant. The complaint alleges the sale substantially damaged ownership interests in PFH and Defendants had no authority to approve the transaction under the parties' various agreements. Currently before the Court is Defenda...
2024.02.15 Motion for Relief from Dismissal 568
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...s Court set an Order to Show Cause re: Dismissal for January 9, 2023. This hearing date was later continued on order of the Court to March 1, 2023. Neither party appeared on March 1, 2023. Therefore, on this date, the Court (Hon. Rita Federman, presiding) dismissed the case. Now before the Court is Plaintiff's motion for relief from dismissal. Plaintiff requests the Court set aside the March 1, 2023 dismissal and stay this case pending the outcom...
2024.02.15 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.15
Excerpt: ...icial proceeding (Case No 19F -05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, affirmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (t...
2024.02.13 Petition for Writ of Mandate 287
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...s proposed project (the Project) to establish up to three acres of outdoor cannabis cultivation within hoop houses and a 10,000-square foot (sf) ancillary processing building on Real Party's 41-acre property located at 8770 Carrisa Highway, Santa Margarita, California 93453 (the Site). (Administrative Record [AR], at AR00055.) A. The Project. Real Party submitted their initial minor use permit application on February 19, 2018. (AR 541.) The Proje...
2024.02.13 Motion to Compel Further Responses 001
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...breached its warranty by failing to repair defects in the vehicle within a reasonable number of attempts and refusing to repurchase the Vehicle. Morales served GM with Plainti¯'s Requests for Production of Documents, Set One (“RFP”), and GM timely served Morales with responses. GM objected to all of the requests and agreed to produce some documents in response to some of the requests “subject to” the objections. Even if the objections w...
2024.02.13 Motion to Compel Arbitration 272
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...by Deendant Hyundai Motor America (“Warrantor”). Plainti¯ alleges both deendants violated the Song- Beverly Warranty Act (Civil Code sections 1790 et seq.) by ailing to repair Vehicle deects. Dealer and Warrantor are represented by the same attorneys and have each Þled a motion to compel arbitration and or stay o this action until the conclusion o arbitration. Warrantor relies on the arbitration provision in the RISC between Plainti...
2024.02.13 Motion to Allow Limited Discovery on Punitive Damages 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...kid steer with an auger attachment. (Compl., p. 4.) Plainti¯ alleges that an employee o Quinn Rental Services was getting the skid steer ready or pickup when he caused a portion to all on Plainti¯'s head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. On December 12, 2023, this Court granted Plainti¯'s motion to amend the complaint to add a claim or punitive damages. Plainti¯'s motion was based o...
2024.02.13 Demurrer 174
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.13
Excerpt: ...pley (Decedent) was driving through the intersection of 34th Street and Spring Street in Paso Robles on January 13, 2022, when his vehicle was struck by another car driven by Galvez. The complaint alleges that Galvez failed to yield because his visibility and sightline of oncoming tra¯ic was blocked or impaired due to improper design, construction, and/or maintenance of the intersection. Currently on calendar is the City's demurrer to the secon...
2024.02.08 Demurrer 246
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...e owns at 849 PaciÞc Avenue in Cayucos, California (the Property). Defendants now demur to each of the four of the causes of action in the FAC pursuant to Code of Civil Procedure section 430.10, subdivisions (d) [misjoinder of parties], (e) [failure to state a cause of action] and (f) [uncertainty].) Counsel for Defendants declares that she sent a meet and confer letter to Plainti¯ via email on August 23, 2023. (Declaration of Sue Carrasco, ¶...
2024.02.08 Motion for Attorney Fees 264
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...tion for attorney's fees. Defendant does not dispute that Plainti¯ is the prevailing party and is entitled to fees but rather objects that the requested billing rate is unreasonable, the number of attorney hours is inßated and duplicative, and the result does not justify the amount of fees requested. Plainti¯ seeks $26,350.00 reßecting 50.3 attorney hours attributed to two attorneys. The hourly attorney billing rates are $500 and $600. (Dec...
2024.02.08 Motion to Strike, Demurrer 442
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...¯ alleges he received a judgment from a “private administrative proceeding” and seeks to enforce that judgment under the California Sister State Money Judgments Act, Code of Civil Procedure sections 1710.10 through 1710.65 (the Act). (Compl., at pp. 12, 14, 16.) Plainti¯ alleges that, prior to Þling this lawsuit, he “initiated an action by counter claim in the Adjudicator Court, a Privat[e] Administrative Court of Record and Alternativ...
2024.02.08 Motion for Attorney Fees 656
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.08
Excerpt: ...l proceeding (Case No 19F-05075). On November 4, 2021, the Court (Hon. Rita Federman) granted MacDonald's special motion to strike under Code of Civil Procedure section 425.16.1 Judgment was issued on December 27, 2021. Orcutt appealed. On March 16, 2023, the Second Appellate District Court denied Orcutt's appeal, a¯irmed this court's judgment, and found MacDonald to be the prevailing party entitled to attorneys' fees and costs on appeal (the A...
2024.02.07 Motions to Compel Further Responses to Discovery 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...eendants oppose the motions. Plainti¯ declares that on September 19, 2022, he served Request or Production o Documents, Set One, and Form Interrogatories (Construction), Set One, on Deendants. It is unclear i single sets directed at all Deendants were served or i separate sets were served. Deendants responded on March 16, 2023, but Plainti¯ considered the responses non-compliant, and on March 21, 2023, Plainti¯ sent meet and coner ...
2024.02.07 Motion to Enforce Discovery Order, for Issue, Evidence, and Monetary Sanctions 209
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...y respond, Natali Þled motions to compel responses. The Court granted those motions on May 10, 2023, and ordered Mathis to provide responses without objections by May 31, 2023. Mathis served responses by the deadline. Natali states the responses included objections. Her counsel sent a meet and confer letter on June 29, 2023, regarding the special interrogatories and a separate letter on July 11, 2023, regarding the form interrogatories. Over the...
2024.02.07 Motion to Amend or Set Aside Court Order, to Compel Further Responses 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...served on the City of San Luis Obispo, Michael Codron, John Mezzapesa and Steve Sheats (collectively the City Defendants). Plainti¯ concurrently brings a motion to amend or set aside a court order. Both motions arise out of discovery disputes between the parties. On April 6, 2023, Plainti¯ and the City Defendants participated in a voluntary informal discovery conference before this Court. The conference was initiated by Plainti¯ following a...
2024.02.07 Motion for Summary Adjudication 400
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.02.07
Excerpt: ...l 2019, which included a trust accounting covering the period September 16, 2012 through January 6, 2018.1 Currently on calendar is Petitioner's Motion for Summary Adjudication on the cause of action seeking to invalidate powers of appointment exercised by his and Respondent's mother during her lifetime. The Court denies the motion. I. BACKGROUND The parties agree on the following facts:2 • On September 16, 2012, the parties' parents, Donald Ba...
2024.02.06 Motion to Sever Actions 102
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...yard, Inc.; Richard L. Quinn; and David Nichols (“Deendants”) Þled the subject motion to sever Geo¯rey's and Bonnie's claims on the grounds that the claims do not meet the standard or permissive joinder and to “prevent any party rom being embarrassed, delayed, or put to undue expense.” 1. Joint Ownership or Control o the Inn and Winery Deendants have not shown that the Inn and Winery were owned and controlled by completely separat...
2024.02.06 Motion to Compel Further Responses, for Monetary Sanctions 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...Pamela Pierce to Form Interrogatories, Set One, and Request for $4,000 in Monetary Sanctions (3) Plainti¯'s Motion to Compel Further Responses from Defendants Kedrin Van Steenwyk; KMBG, LLC; and Adelaida Cellars, Inc. to Requests for Production of Documents, Set One, and Request for $4,000 in Monetary Sanctions (4) Plainti¯'s Motion to Compel Further Responses from Defendants Applied Technologies Associates, Inc.; ATA Ranches, Inc.; Daniel Ca...
2024.02.06 Motion for Summary Judgment 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...ng in physical and emotional injuries. The complaint sets orth the ollowing causes o action: (1) Battery; (2) Negligence; (3) Intentional Inßiction o Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Deendants) now move or summary judgment on the ground Plainti¯ cannot prove causation. Plainti¯ opposes the motion. This is Deendants' second motion or summary judgment on the issu...
2024.02.06 Motion for Sanctions 106
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...d that his room was contaminated with bed bugs resulting in physical and emotional injuries. The complaint sets forth causes of action for (1) Battery; (2) Negligence; (3) Intentional Inßiction of Emotional Distress; (4) Fraudulent Concealment; and (5) Public Nuisance. The Hotel, Weyrich, and Guerrero (Defendants) previously Þled a motion for summary judgment. The thrust of Defendants' motion was that they lacked notice of bed bugs at the Hotel...
2024.02.06 Demurrer 408
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.02.06
Excerpt: ...hicle su¯ered rom deects and no-ncomormities, including transmission deects and inotainment deects, and that Ford ailed to repurchase or replace the Vehicle ater a reasonable number o repair attempts. (Compl., ¶¶ 15-18.) Plainti¯'s Þrst Þve causes o action are alleged against Ford only. Plainti¯'s sixth cause o action alleges negligent repair by Santa Maria. (Compl., ¶¶ 72-76.) Deendants now demur to the Þth and sixth ca...
2024.02.01 Motion to Compel Further Responses 156
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ... Theophil (Theophil Dec.), II 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced. 1 (ld. 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 116; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51,54, 56, 57, 74, 75, 82, 84, 85, and 86. Honda oppo...
2024.02.01 Motions to Compel Discovery Responses 032
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ...misuse o discovery. Plainti¯ reports that during meet and coner discussions Deendant indicated it would provide urther responses once a protective order was entered. (Declaration o Alexander G.L. Davies (“Davies Decl., ¶ 10.) On July 12, 2023, the Court entered a stipulated protective order (“Protective Order”). As o the date Plainti¯ Þled the subject motions (August 24, 2023), Deendant had not provided urther responses. The m...
2024.02.01 Motion to Compel Responses, to Deem RFAs Admitted 234
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.02.01
Excerpt: ...ses to the orm interrogatories and to deem the requests or admission as admitted. (Code Civ. Proc., §§ 2030.290, 2033.280.) The motions and notice o hearing were served by mail on Plainti¯ at his address o record and no opposition was Þled. As to the requests or admission, i a party ails to timely respond the requesting party may move or an order that the genuineness o any documents and the truth o any matters speciÞed in the requ...
2024.01.31 Motion to Strike Punitive Damages 154
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ... Springer dba Patriot Plumbing and Drain Cleaning (Patriot) and Tracy Ann Fairchild; Patriot has instituted its own cross-action against Defendants. As against the Defendants, Plainti¯s assert causes of action for (1) violation of the Mobilehome Residency Law (MRL); (2) negligence; (3) negligence per se; (4) breach of contract—written agreement; (5) breach of contract—oral promise; (6) breach of implied covenant—quiet enjoyment; (7) breac...
2024.01.31 Motion for Protective Order, for Sanctions 589
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.31
Excerpt: ...treet and Specialty entered into a contract in April 2015 (the Prime Contract). In furtherance of the Project, Specialty hired subcontractors. At some point, for disputed reasons, payments stopped, resulting in Specialty and various subcontractors recording mechanics' liens. Those liens in turn led to this litigation and the consolidation of several related actions, all of which involve the Project. Trial is set to begin on April 3, 2024. Under t...
2024.01.30 Motion to Set Aside Evidentiary Sanction 391
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...obate Code section 850 to determine ownership of certain shares of stock.1 On March 19, 2020, Andreoli Þled a counterpetition against Siegenthaler alleging Þnancial abuse and fraud. The counterpetition alleged Siegenthaler and her husband had coerced Decedent out of approximately $3.5 million prior to his death. Andreoli supplemented her counterpetition in June 2022, alleging additional wrongful takings by Siegenthaler. On June 24, 2022, Andreo...
2024.01.30 Demurrer 362
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...housed (“ASH”). 1. DEMURRER LEGAL STANDARD A demurrer tests the legal su¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaints form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plain...
2024.01.30 Demurrer 361
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.30
Excerpt: ...ER LEGAL STANDARD A demurrer tests the legal su¯iciency of the allegations in a complaint. It raises issues of law, not fact, regarding the complaint's form or content. (Code Civ. Proc. § 430.10; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Lewis v. Safeway (2015) 235 Cal.App.4th 385, 388.) A demurrer “admits the truth of all material factual allegations in the complaint...the question of plainti¯'s ability to prove thes...
2024.01.25 Petition to Confirm Contractual Arbitration Award 539
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.25
Excerpt: ... to confirm the arbitration award. No opposition is on file; however the petition was not properly served. A copy of the petition and written notice of the time and place of the hearing thereof and any other papers upon which the petition is based must be served. (Code Civ. Proc., S 1290.4, subd. (a).) Service must be in the manner provided in the arbitration agreement for the service of such petition and notice. (Ibid.) Ifthe arbitration agreeme...
2024.01.25 Motions to Compel Further Discovery Responses 262
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.25
Excerpt: ...A2"); 3. Plaintiff's Form Interrogatories, Set Three (FROG3"); and 4. Plaintiff's Request for Production of Documents, Set 5 ("RFP5") 1. SROG3 and RFP5 On June 14, 2023, pursuant to the parties' informal discovery conference, the Court ordered Defendant to answer SROG3 and RFP4 ("6/14/23 Ruling"). Plaintiff relies on the 6/14/23 Ruling (Reply SROG3, p. 2, Ins. 12-13) without acknowledging that the current objections were asserted after June 14, 2...
2024.01.24 Motion to Vacate Dismissal and Enter Judgment 630
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ...ce of se©lement, which was granted on December 7, 2022. On December 16, 2022, State Farm Þled a sŸpulaŸon for se©lement and entry of judgment (the SŸpulaŸon or Se©lement Agreement). On December 20, 2022, the Court signed an order dismissing the acŸon without prejudice and, pursuant to the request of the parŸes in the SŸpulaŸon, retaining jurisdicŸon to enforce the Se©lement Agreement pursuant to Code of Civil Procedure ...
2024.01.24 Motion for Summary Judgment, Adjudication 443
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.24
Excerpt: ... (FAC), alleges two causes of action for 1) negligence, malicious, gross negligent and/or reckless wanton conduct, and 2) negligent hiring and supervision. Sun Buggie now moves for summary adjudication of its affrmative defense of express waiver because the relevant waiver is valid and enforceable under California law. Sun Buggie's eighth affrmative defense for express waiver is alleged as follows: As a separate and affirmative defense to the Com...
2024.01.23 Motion for Attorney Fees 164
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.23
Excerpt: ...ollectively as "Petitioners." The parties reside in a rural neighborhood in Atascadero, and have been at odds for several years.l On July 12, 2021, the Court (Hon. Linda D. Hurst) issued a temporary restraining order. A year later, after a ten-day evidentiary hearing held over the months of February, March, April, May, and July 2022, the Court (Hon. Hernaldo J. Baltodano) issued a three-year Civil Harassment Restraining Order, set to expire on Au...
2024.01.23 Motion for Summary Judgment 100
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.23
Excerpt: ...reached her duties with respect to medical liens submitted against the settlement funds.l Harris filed this interpleader achon on April 20, 2022, and deposited with the Court the remainder of the settlement funds after deducting legal costs and her forty percent contingent fee. Metzner filed the malpractice cross-complaint on October 4, 2022. Harris argues that the attorney-client relationship ended on January 19, 2021, the date Harris filed a no...
2024.01.18 Motion to Compel Responses 659
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...amages due to the accident. The parties have a contractual arbitration agreement and are arbitrating the claim. Insurance Code section 11580.2, subdivision (f), expressly commits the resolution of discovery disputes in uninsured motorist arbitrations to the jurisdiction of the superior court. (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920.) Before the Court are three motions to compel initial discovery responses and for sanctio...
2024.01.18 Motion to Compel Further Responses 156
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ... Theophil (Theophil Dec.), '1 15; Ex. 3.) Honda responded, serving its verification on August 14, 2023, but no documents have been produced.l (ld," 17, 18, 23, Exs. 4, 5; Declaration of Jeanette Suarez (Suarez Dec.), 6; Ex. C.) Specifically, Plaintiff moves to compel further responses to request for production (RFP) nos.: 1-3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51, 54, 55, 57, 74, 75, 82, 84, 85, and 86. Honda oppos...
2024.01.18 Motion for Summary Judgment, Adjudication, for Leave to File FAC 030
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...ion 134 (fraudulent writing). On July 12, 2019, the San Luis Obispo County District Attorney's office filed felony charges against Orcutt in connection with four cardsl sent to different local real estate agencies that rented properties in Orcutt and Vice's neighborhood (Cavalier Lane in the City of San Luis Obispo). The complaint alleges the cards warned the recipient real estate agencies not to rent neighborhood properties to racial minorities ...
2024.01.18 Motion for Preliminary Approval of Class Action Settlement 065
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.18
Excerpt: ...PAGA), Labor Code section 2699 et seq. Plaintiff and Defendant have settled, and Plaintiff moves for preliminary approval of the class action settlement pursuant to Code of Civil Procedure section 382 and California Rules of Court, rule 3.769. Plaintiff seeks an order: 1. Granting preliminary approval of the Class Acton and PAGA Settlement Agreement (the Settlement Agreement, Declaration of David Winston (Winston Dec.), 19; Ex. 1); 2. Approving t...
2024.01.17 Special Motion to Strike 268
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ach of contract; (5) slander of title; and (7) infliction of emotional distress. The body of Plaintiff's complaint is one page long. The purported causes of action are not separated as required by the Rules of Court. (Cal. Rules of Court, rule 2.112.) In his complaint, Plaintiff makes the following allegations: - PWB is "a California state-chartered bank and at the time of this complaint a resident of Los Angeles, CA." (Compl., 2.) - On October 8...
2024.01.17 Motion to Vacate Dismissal and Restore Action to Civil Active List 324
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...uses to sell or move off the Trust property. The Parties attended mediation with Andrew R. Weiss on August 30, 2023. On October 9, 2023, Mr. Weiss filed a statement of agreement indicating the mediation ended with a full agreement between the parties. The Court notified the parties the matter would be dismissed on November 27, 2023, absent a motion to vacate filed by counsel priorto that date. Petitioner now moves to vacate the dismissal on the b...
2024.01.17 Motion to Stay Deposition and Quash Deposition Notice 379
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ...ting (the Notice). (Declaration of Douglas Littlejohn (Littlejohn Dec.), Ex. 1.) Plaintiff now moves pursuant to Code of Civil Procedure section 2025.410, et seq., for an order staying his deposition and quashing Defendants' Notce. Plaintiff contends that the Notice is not statutorily authorized and is a fishing expedition and abuse of process. Plaintiff contends that the Notice does not lawfully command the attendance and testimony of an out-of-...
2024.01.17 Motion to Compel Further Responses 352
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.17
Excerpt: ... trustee. On November 22, 2015, Decedent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017. Phase I of the trial has been completed, and Phase II of the trial is set to begin on June 3, 2024. Currently before the Court are Petitioner's motions to compel further responses to the fourth...
2024.01.16 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ...d Donald Messer (Defendants). The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code s...
2024.01.16 Demurrer 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.16
Excerpt: ... actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at '1 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceedings. (Ibid.) Plaintiff alleges the Armstrong Defendants breached their duty to exercise reasonable care, skill, and diligence on Plai...
2024.01.10 Motion to Quash 215
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...
2024.01.10 Motion to Renew Judgment 531
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ... Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. 2...
2024.01.10 Motion to Renew Judgment 633
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2024.01.10
Excerpt: ...n Application for and Renewal of Judgment (Renewal) and accompanying paperwork to extend the enforceability of the judgment. The Clerk's Office (San Luis Obispo branch) rejected the Renewal on Monday, March 20, 2023. The rejection notice stated: "Requested Interest does not comply with new California Law for 2023. Thank you." (Haney Decl., Ex. 8.) In 2022, the Legislature amended Code of Civil Procedure section 585.010 (Section 685.010). (Stats. ...
2024.01.09 Motion to Quash 146
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2024.01.09
Excerpt: ...aintiff"). The defendants are Kedrin E. Van Steenwyk, individually and as successor trustee of the Donald H. Van Steenwyk and Elizabeth A. Van Steenwykl 1996 Revocable Trust; Daniel Carter; Kieran Duggan; Pamela Pierce; Joseph McCoy; Steve Orr; Wesley Shedd; Gordon Thompson; Adelaida Cellars, Inc.; and KMBG, LLC (collectively "Defendants"). When Defendants filed the subject motion to quash business record subpoenas, this action included sharehold...
2024.01.04 Petition to Reduce Voting Percentages 533
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...rised of eighteen (18) attached single-family townhouse residences in nine (9) buildings, together with one (1) single-family res-dence, and one (1) common area lot. ("Development"). The Association has nineteen (19) members ("Members"). The Development is subject to a "Declaration of Covenants, Conditions and Restrictions of Sea Dunes" ("CC&Rs") that was executed by Bill Simpson Construction, Inc., a California corporation (hereinafter "Declaran...
2024.01.04 Motions to Compel Responses 271
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...n of Documents, Set One. 1. Form Interrogatories and Request for Admissions Plaintiff served unverified responses to the form interrogatories and request for admissions. Unverified responses are "tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636, citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Thus, there is no time limit for these motions, and meeting and confer...
2024.01.04 Demurrer, Motion to Strike 437
Location: San Luis Obispo
Judge: Van Rooyen, Craig B
Hearing Date: 2024.01.04
Excerpt: ...because the claims are barred by the statute of limitations. Plaintiff argues that the achon is timely because the statute of limitations did not accrue on the various causes of action until Defendant breached the parties' contract, rather than when Defendant indicated an intent to breach. Plaintiff alleges thirteen causes of action as follows: First Cause of Acton for Breach of Fiduciary Duty, by FMA on behalf of Aspire SLO; Second Cause of Acti...
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 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 ...
2023.12.28 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...
2023.12.21 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...
2023.12.20 Demurrer, Motion to Strike 569
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...
2023.12.20 Motion for Leave to File TAC 473
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...
2023.12.20 Motion for Trial Setting Preference 320
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...
2023.12.20 Motion for Leave to Conduct Mental Exam 664
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.20
Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...
2023.12.18 Petition for Relief from Government Filing Requirements 247
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...ubd. Failure to meet that deadline bars the claim aga-nst the public entity. (S 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) When a claim is not presented within that six-month period, the claimant may submit a written application to the public entity for leave to present a late claim. (S 911.4, subd. (a).) Any such application must be made "within a reasonable time not to exceed one year after the accrual of the ca...
2023.12.18 Motion for Reconsideration or for Correction and Clarification of Court Ruling 009
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...) negligence (medical malpractice), (2) breach of fiduciary duty, (3) intentional misrepresentation, (4) intentional concealment, and (5) violations of Business & Professions Code section 17200. The lawsuit centers around Dr. Chalekson's medical care provided to Plaintiff. There are two surgeries at issue. The first occurred on October 23, 2015, when Dr. Chalekson performed a single mastectomy on Plaintiff's left breast with immediate tram flap r...
2023.12.18 Motion for Attorney Fees 191
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.18
Excerpt: ...After a five-day trial the Court issued a Ruling on Decision After Trial in favor of Plaintiffs for $40,470.52. Plaintiffs now seek attorney's fees of $197,541.00 pursuant to section Paragraph 25 of the parties' Motel Lease, which provides as follows: In the event of the commencement of any action by either party hereto, or their respective successors in interest, hereon or hereunder or by reason of the breach of any covenant or condition on the ...
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...
2023.12.13 Motion for Summary Judgment 165
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...
2023.12.13 Motion for Additional Attorney Fees 417
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...
2023.12.13 Demurrer 540
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.13
Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...
2023.12.12 Demurrer 173
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Counties), Louis Carnesale (Louis) 1, John Carnesale (John), and the City of Atascadero. 10850, Tri Counties and John Carnesale (collectively Defendants) now demur to the complaint as a whole as alleged against them and to each of the first four causes of action .2 Defendants demur to all causes of action on the grounds that the pleading is internally inconsistent as to the date for the alleged actionable event and on the grounds that each cause ...
2023.12.12 Motion to Amend Complaint 310
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...uger attachment. (Compl., p. 4.) Plaintiff alleges that an employee of Quinn Rental Services was getting the skid steer ready for pickup when he caused a portion to fall on Plaintiff's head, causing him serious injury. (Ibid.) A jury trial is scheduled to begin April 9, 2024. Now before the Court is Plaintiff's motion to amend the complaint to add a claim for pun-tive damages. Legal Authority. "The court may, in furtherance of justice, and on any...
2023.12.12 Motion for Entry of Judgment 235
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Danna Dec.); Ex. 1. Stip., 1, 2.) Judgment shall not be entered in favor of Plaintiff and against Defendant so long as Defendant pays to Plaintiff the compromise sum of $2,365 by making an initial payment of $111, followed by payments of $98 per month until the compromise amount was paid. (ld., 'l 3.) Should Defendant default, she is entitled to a noticed motion to enter judgment pursuant to the stipulation in the amount of $3,637.38, less paymen...
2023.12.12 Demurrers to FAC 267
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.12
Excerpt: ...Verduzco), (2) negligence (against CDSH and CDCR), and (3) negligent entrustment, hiring, supervision, training, and/or retention (against CDCR). Plaintiff alleges he is currently in custody with CDSH in Coalinga. (FAC, 1.) Plaintiff alleges that Adame and Verduzco were hired and employed by the State of California, by and through COCR, and also alleges Adame and Verduzco are employed by CDSH. (ld. at "1 31, 32, 35, 45.) Plaintiff alleges he has ...
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...
2023.12.07 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 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...
2023.12.06 Motion for Summary Judgment, Adjudication 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...
2023.12.06 Demurrer, Motion to Strike 281
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.12.06
Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...
2023.12.05 Motion to Disqualify Attorneys of Record 337
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...cannabis in violation of County regulations. The County initiated two administrative actions against Plaintiff and Hodge. Plaintiff alleges that Defendants John R. Armstrong and Armstrong Law Group (ALG) maintained that they represented Plaintiff in both administrative actions. (ld. at 16.) Plaintiff alleges that Mr. Armstrong "also and primarily represented" Hodge in the administrative proceed-ngs. (Ibid.) Plaintiff alleges the Armstrong Defenda...
2023.12.05 Demurrer 116
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... re written grape purchase agreement, and (3) enforcement and foreclosure of producer's lien under Food & Agriculture Code section 55631 et seq. Rabbit Ridge and Fluid have filed a second amended cross-complaint against Plaintiff and Joanne Russell (collectively referred to as the Russells). On March 1, 2023, the Russells filed a cross-complaint against various Cross-Defendants, including Rabbit Ridge; Leroy Codding; Steven Jones; and Bank of Ame...
2023.12.05 Motion to Set Aside Dismissal and Enter Judgment 257
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ...ocedure secŸon 664.6. This Court entered an order for dismissal that retained jurisdicŸon pursuant to the parŸes' request on July 9, 2021. NaŸonwide now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure secŸon 664.6. Code of Civil Procedure secŸon 664.6 provides that: If parŸes to pending liŸgaŸon sŸpulate, in a wriŸng signed by the parŸes outside of the presence of the court or orally...
2023.12.05 Motion to Strike Punitive Damages 130
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.12.05
Excerpt: ... The action arises out of a leased commercial property dispute. Defendants now move pursuant to Code of Civil Procedure sections 435, 436 and 437 for an order striking certain portions of the complaint contained in paragraphs 65, 74, 75, and 82, as well as paragraph 4 of the prayer, on the grounds that they fail to set forth with particularity sufficient facts supporting a claim for punitive damages under Civil Code section 3294. Defendants' coun...
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...
2023.11.29 Motion to Lift Stay and Stay Arbitration Proceedings 393
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.29
Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...
2023.11.27 Motion to Tax Costs 158
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.27
Excerpt: ...e Court." (Minutes, 05/24/23.) Plaintiff has not yet done so. On July 28, 2023, Defendant filed a Motion to Tax Costs. Defendant notes that the motion is in response to a Memorandum of Costs Dated July 11, 2023, served on his counsel that same day. Plaintiff never filed a Memorandum of Costs with the Court. under California Rules of Court, rule the prevailing party must serve and file memorandum of costs within a specified number of days after en...
2023.11.22 Motion for Summary Judgment 285
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...
2023.11.22 Motion for New Trial, to Vacate Judgment 601
Location: San Luis Obispo
Judge: Coates, Tana L
Hearing Date: 2023.11.22
Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...
2023.11.21 Motion to Compel Further Responses 218
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...y motion. This is not acceptable. The law is clear that "notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP 52023.020.) It is also clear that something more than the firing off of well- honed and frequently deployed,...
2023.11.21 Motion for Summary Judgment 774
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...n her alleged failure to follow section 73325, of title 22 of the California Code of Regulations (Regulation 73325). Subdivision (a)(4) of Regulation 73325 provides that when it comes to the dietetic services of an intermediate care facility, "[platient food preferences shall be adhered to as much as possible and substitutes from all food refused shall be from appropriate food groups." Beraud moves for summary judgment on the grounds that Plainti...
2023.11.21 Motion for Judgment on the Pleadings 318
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...filed its answer on March 13, 2023. Cleveland has not served and has not appeared in the action. ADT and DPS (collectively Defendants) now move for judgment on the pleadings as to the entire complaint, as well as to each cause of action therein, pursuant to Code of Civil Procedure section 438, subdivision Defendants' counsel met and conferred with Plaintiffs' counsel on the telephone prior to filing the motion, but the parties were unable to reso...
2023.11.21 Demurrer 167
Location: San Luis Obispo
Judge: Kelley, Michael
Hearing Date: 2023.11.21
Excerpt: ...ion of the California Family Rights Act (CFRA), and (6) interference with CFRA. Plaintiff alleges he began his employment with Defendant as a locksmith. (FAC, 7.) Plaintiff alleges he notified Defendant of medical restrictions and/or need for accommodations to continue working and performing his job duties. (ld. at '18.) Plaintiff alleges Defendant refused to provide accommtxlations. (ld. at '19.) Plaintiff alleges his injuries constitute a physi...

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