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Jan 03, 2018 San Luis Obispo County
On July 8, 2016, William King (“King”) filed a personal injury action against Steven Snyder (“Snyder”). The complaint alleges that Snyder failed to yield the right of way when entering a roadway and hit King who was riding his bicycle. Snyder answered the complaint on August 23, 2016.
On February 6...
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Dec 27, 2017 San Luis Obispo County
TENTATIVE RULING
Catalina Structured Funding, Inc. (“Petitioner”) petitions for approval of its purchase of $30,000.00 in guaranteed payments that are to be made to John Luis (“Seller”) from an annuity he received pursuant to the settlement of a personal injury action. This would be Seller’s sixth ...
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Dec 27, 2017 San Luis Obispo County
TENTATIVE RULING
Plaintiff State of California Grandmothers’ Club, Inc. (“Plaintiff”) brings this action for unlawful detainer against defendants David L. Ward and Kim A. Ward (collectively “Defendants”). Plaintiff’s verified complaint, filed on November 22, 2017 (“Complaint”), alleges that Plainti...
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Dec 27, 2017 San Luis Obispo County
TENTATIVE RULING
Sanctuary 805, Inc. (“Sanctuary” or the “Corporation”) owns Shell Café in Pismo Beach. The Corporation’s Board of Directors (“Board”) consists of two members,1 Charles Brunetti (“Charles”) and Dennis Balsamo (“Balsamo”).2 Charles is the Corporation’s majority shareholder, as well a...
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Dec 27, 2017 San Luis Obispo County
TENTATIVE RULING
In January 2013, Plaintiffs Lori A. Gill and Craig A. Gill, Trustees of the Gill Intervivos Revocable Trust dated June 29, 2005 (“Gill”), filed the instant action (“Complaint”) for partition by sale of certain improved real property at 2702 and 2710 Reservoir Canyon Road (APN 070-2...
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Dec 20, 2017 San Luis Obispo County
On September 1, 2017, Obispo Constructors, Inc. (“Plaintiff”) filed a breach of contract complaint against Ashley Day (“Day”) and N999DA, LLC (“Defendant LLC”) in connection with the sale of a Rockwell International 500S-1976 airplane (“Plane”).
A First Amended Complaint (“FAC”), filed on Septembe...
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Dec 20, 2017 San Luis Obispo County
David Rios and others (“Plaintiffs”) were secured investors in a real estate development project to be completed by Morro Road Homes, LLC (“Morro Road”). Morro Road was controlled by Defendant Kelly Gearhart (“Gearhart”); and Defendant Hurst Financial Corporation (“Hurst”) was the “hard money” lender on th...
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Nov 29, 2017 San Luis Obispo County
J.P. Morgan Chase Bank (Plaintiff) brings this CCP §1161a unlawful detainer action against Wes Johnson (Defendant), to take possession of real property that Plaintiff purchased at a trustee’s sale. Defendant now moves for summary judgment on the grounds Plaintiff’s action is barred by res judicata due to P...
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Nov 29, 2017 San Luis Obispo County
Soutsida Inpravongviengkham (Plaintiff) brings this action against Shawn Kahanu (Defendant) for common counts and fraud. Plaintiff alleges that she was in a personal relationship with Defendant and loaned him money which he has never repaid.
Defendant demurs to the complaint on the grounds both ca...
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Nov 29, 2017 San Luis Obispo County
Douglas MacDonald (MacDonald or Plaintiff) brings this action against Mason Taylor Smith (Smith) for serious personal injuries suffered in a head-on motor vehicle collision. Among other injuries, MacDonald suffered the amputation of his right leg below the knee. He names as additional defendants Brian and ...
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Nov 29, 2017 San Luis Obispo County
The Department of Fair Employment and Housing (DFEH) initiated this action against the California Department of Corrections and Rehabilitation (CDCR) for discrimination and retaliation against Amanda Van Fleet (Van Fleet), a former employee with CDCR.
Pursuant to CCP §387, the Court granted Van Fl...
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Nov 29, 2017 San Luis Obispo County
On May 4, 2017, Jennifer Kent, Director of the Department of Health Care Services, (“Plaintiff”) filed this action against Hardie B. Phillip, as successor trustee of the Theodosia M. Phillip Trust and individually (“Phillip”), Roger M. Phillip, and Laurie Phillip, (Defendants) to enforce and collect money ...
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Nov 29, 2017 San Luis Obispo County
On August 2, 2017, Plaintiff Matthew Easterbrook (“Plaintiff”) filed a complaint against Inter-Con Security Systems, Inc. (“Inter-Con”), California Department of Transportation (“Cal-Trans”), Vince Zorn (“Zorn”), Buddy Cruz (“Cruz”) and Leonard Phillips (“Phillips”). The complaint alleges eight causes of a...
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Nov 27, 2017 San Luis Obispo County
Motion to Enforce the Settlement Agreement
This is a wrongful foreclosure case that has now been pending for more than three years. Trial has been rescheduled on several occasions, and most recently was to begin earlier this month. Due to some scheduling conflicts, the early November trial date was...
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Nov 08, 2017 San Luis Obispo County
Eric and Leona Wahl (Plaintiffs) brought this unlawful detainer action against Christopher Thomas (Defendant) to recover possession of commercial property located in Shell Beach. Plaintiffs allege that Defendant was in violation of certain provisions of the written commercial lease.
The matter proc...
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Nov 08, 2017 San Luis Obispo County
On April 11, 2012, First California Bank (“First California”) had judgment entered against Defendant Greg Nester (“Nester”) in the amount of $230,619.10, for breach of written personal guarantees of two construction loans (“Judgment”). The Judgment included an award of attorney’s fees. As of September 2017...
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Nov 08, 2017 San Luis Obispo County
Defendant’s Motion to Strike
Colleen Harmon (Plaintiff) was employed with the County of San Luis Obispo (Defendant) from 2000 to 2012, as a Software Engineer III. Plaintiff’s FEHA action alleges discrimination and retaliation based upon sex and age arising out of her employment. Plaintiff further a...
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Nov 01, 2017 San Luis Obispo County
Kevin Burkhammer (Plaintiff) brought this action against Allied Interstate LLC (Defendant) as a representative for consumers that were victims of alleged violations of the Rosenthal Fair Debt Consumer Protection Act (RFDCPA). Defendant allegedly sent consumers written communication that incorrectly identif...
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Nov 01, 2017 San Luis Obispo County
On August 2, 2017, Plaintiff Matthew Easterbrook (“Plaintiff”) filed a complaint against Inter-Con Security Systems, Inc. (“Inter-Con”), California Department of Transportation (“Cal-Trans”), Vince Zorn (“Zorn”), Buddy Cruz (“Cruz”), and Leonard Phillips (“Phillips”). The complaint alleges eight causes of ...
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Oct 25, 2017 San Luis Obispo County
BCC Corporation dba Sunset Terrace Apartments (Plaintiff) brings this unlawful detainer action against Johnny and Lisa Franklin (Defendants) to obtain possession of Apartment No. 21 at 1534 Brighton Avenue in Grover Beach, due to Defendants’ failure to pay rent.
Plaintiff now moves for summary jud...
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Oct 25, 2017 San Luis Obispo County
Donald Daniels (Plaintiff) brought this action against Jon and Nancy Murray (Defendants) and their business entities to collect on loans that Plaintiff made to the business entities. All of the loans were personally guaranteed by Defendants.
On March 23, 2017, the parties reached a mediated writte...
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Oct 25, 2017 San Luis Obispo County
Carson Knibb (Plaintiff) brings this action against Scott Johnson (Defendant) for serious personal injuries suffered when Defendant allegedly reversed his vehicle into Plaintiff, who was standing behind it.
Defendant eventually pled guilty to a criminal reckless driving charge arising out of the in...
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Oct 11, 2017 San Luis Obispo County
Craig P. Bell (Bell) brings this unlawful detainer action against JTS, Inc., Sheldon Moseley, and Leland Simpson, to obtain possession of commercial property located in Grover Beach. Bell seeks possession, back rent of $40,000, and holdover damages. Defaults have been entered against JTS, Inc. and Sheldon ...
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Oct 11, 2017 San Luis Obispo County
Bernard Bredl, Gillian Bredl, Joshua Young, Jordan Bredl, and Amy Bredl (Plaintiffs) bring this action against Beverly Yvonne Herrera (Defendant) for personal injuries suffered in a motor vehicle accident.
Plaintiffs originally noticed Defendant’s deposition for November 4, 2016, but then reschedul...