Judge Linda D. Hurst: Professional Background and Legal Expertise

TENTATIVE RULING
Karen Stier (“Stier”) filed this action on September 27, 2013, against Jerry and Katherine Handley (the “Handleys”). The Handleys cross-complained against Stier, filing a fourth amended cross-complaint on December 30, 2014. The dispute concerns a partnership agreement related to the dev...

TENTATIVE RULING
A Stipulation and Order has been filed continuing the motion to compel arbitration to August 3, 2021, at 9:00 a.m. in P2.

TENTATIVE RULING
The Court will address this motion on the Law & Motion calendar on May 18, 2021 at 9 a.m. in P2 by Zoom.

Motion to Strike
TENTATIVE RULING
On November 14, 2016, William Powers, Jr. (“Plaintiff”) filed this action against Donald and Judith Jensen (the “Jensens”), Ty Christensen, Gary Nelson, and Webber-Nelson Realtors. The last three named defendants are referred to herein as the Real Estate Defendants o...

(2) Defendants’ Motion to Dismiss
TENTATIVE RULING
Background.
On August 3, 2018 Plaintiff Tom Fowler filed a verified complaint against Defendants Robert Champion and Doronda Champion. Plaintiff’s initial complaint purports to allege causes of action for fraud, embezzlement, conversion, and elder...

MINUTE ORDER
On November 15, 2019, Plaintiff Teresa Paramo filed an employment lawsuit against Martinez Farming, LLC (Martinez), Beato Farms, Vineyard Applications, and Sandro Martinez Mauro. On March 3, 2020, Plaintiff dismissed Defendants Vineyard Applications and Beato Farms from her lawsuit.
On D...

TENTATIVE RULING
On December 18, 2020, Hugo Cornejo (“Plaintiff”) filed this action against JPMorgan Chase Bank, N.A. (“Chase”), alleging four violations of the Fair Employment and Housing Act (“FEHA”), wrongful termination, and declaratory relief for reinstatement based on the alleged FEHA violations. ...

TENTATIVE RULING
Background.
On March 19, 2019, Zara Rivas (Plaintiff) filed a lawsuit in Santa Barbara County Superior Court. After a full recusal by the Santa Barbara Superior Court bench, and on the direction of the Judicial Council of California, this case was reassigned to the San Luis Obispo Su...

TENTATIVE RULING
On December 2, 2020, Wilmington Trust, National Association, as Trustee, for the benefit of the Holders of COMM 2016-DC Mortgage Trust Commercial Mortgage Pass Through Certificates, Series 2016-DC2 (“Wilmington”) filed this action for appointment of receiver, accounting and specific per...

TENTATIVE RULING
With the Court’s receipt of additional filings on May 13, 2021, this matter will be continued to the next available Law & Motion calendar: Tuesday, August 3, 2021 at 9:00 in P2.

TENTATIVE RULING
No tentative will be posted in this matter. The parties should come prepared to address issues that are raised by the motion.

TENTATIVE RULING
Department Stores National Bank (“Plaintiff”) filed this credit card collection action against Jay Bremer (“Defendant”) on June 11, 2019.
On July 26, 2019, Plaintiff filed proof of personal service of the summons and complaint on Defendant.
On August 29, 2019, Defendant, represent...

TENTATIVE RULING
First National Bank of Omaha (“Plaintiff”) filed this collection action on December 28, 2018, against Betty Cazaly (“Defendant”). Defendant answered the complaint on February 11, 2019. In May 2019, the parties submitted a “Stipulation for Entry of Judgment in the Event of Default” (the ...

TENTATIVE RULING
Fred Jackson (“Plaintiff”) is currently incarcerated. On August 23, 2017, Plaintiff filed a lawsuit against Karim Rasheed, M.D. (“Defendant”) alleging Defendant improperly performed eye surgery on Plaintiff, namely, a pterygium excision with autograft on Plaintiff’s right eye. Plaintiff...

TENTATIVE RULING
On August 28, 2019, G. Wiemann Construction, Inc. (“Plaintiff”) filed a complaint against Bank of Sierra (“Sierra”). The complaint arises out of an alleged embezzlement scheme by Plaintiff’s employee, Joy Wilde (“Wilde”). The complaint alleges that Wilde generated checks on Plaintiff’s ...

MINUTE ORDER
Per the parties’ stipulation, the hearing on Defendant Pacific Premier Bank’s motion to compel arbitration, originally set for May 4, 2021, is off calendar. A case management conference remains set for May 4, 2021, at 9:00 a.m. in Department P2 with appearances via Zoom.

TENTATIVE RULING
This matter was inadvertently placed on the Law & Motion calendar. The Court will call the matter first on the Court’s calendar at 9 am.
Petition, Orders and Proof of Publication are in order.
No objections have been submitted as of this posting.

Plaintiffs’ Motion to Strike Defendants’ Answers to Plaintiffs’ First Amended Complaint (x2)
MINUTE ORDER
Per the Court’s notice of April 29, 2021, the hearing on the following four motions has been continued to June 15, 2021, at 9:00 a.m.:
- Plaintiffs’ Special and General Demurrers to Amended An...

TENTATIVE RULING
This matter was inadvertently placed on the Law & Motion calendar. The Court will call the matter to conduct its inquiry but no earlier than 9:45 am. Counsel, Patricia Mullins and the Minor need not appear before that time.
In the interim, additional documentation is needed to be fil...

TENTATIVE RULING
Robert Walker (“Plaintiff”) filed this action on April 15, 2020, against the San Luis Obispo Regional Transit Authority (the “RTA”) and BYD Motors, Inc. (“BYD”). Plaintiff filed an amended complaint on October 2, 2020, which alleges causes of action for negligence, “common carrier/stric...

TENTATIVE RULING
On October 3, 2017, this Court entered a sister state judgment in favor of plaintiff/judgment creditor Blizzard Energy, Inc. (“Blizzard”) against defendant/judgment debtor Bernd Schaefers (“Schaefers”) in the amount of $3,825,000.00, plus interest and costs, pursuant to a judgment for f...

Gregory Howard Smith and Cherie Smith, Co-Trustees of the Howard E. Smith 1999 Revocable Trust dated November 5, 1999 (“Plaintiffs”), filed this action for ejectment, trespass, and injunctive relief against Robert C. Smith (“Defendant”), on September 23, 2020.
On November 3, 2020, Defendant filed an ans...

(consolidated with Mullins v. Hansen, 18CVP-0323)
Hearing: Motion for Attorney’s Fees
TENTATIVE RULING
On February 1, 2017, Second Press, Inc. (“Second Press”) filed a complaint for Conversion, Unjust Enrichment, and Breach of Contract against Maria Figueroa, Arnulfo Gonzalez, and Esperanza Hansen...

J. Benjamin Lara Chavez (“Plaintiff”), as the representative plaintiff, filed this class action lawsuit against Smart72, Inc. (“Defendant”). Defendant is alleged to provide installation and repair services for solar energy, heating and cooling, security and electrical systems throughout California. Plainti...