San Luis Obispo County
283,111
3,304
San Luis Obispo
1850
District 1 – John Peschong
District 2 – Bruce Gibson
District 3 – Adam Hill
District 4 – Lynn Compton
District 5 – Debbie Arnold
General Law
055 Monterey Street D430 San Luis Obispo, CA 93408
The city of San Luis Obispo, from Mission San Luis Obispo, named after Saint Louis of Toulouse (Spanish for Saint Louis, the Bishop).
This matter will be called on the Law & Motion calendar on January 26, 2021, at 9:00 a.m. While representations have been made to the Court that the bankruptcy stay has been lifted, nothing has been filed with the Court to confirm this status. Absent clarification in writing, filed with the Court, the hearing on demurrer will not proceed....
Jan 26, 2021
San Luis Obispo County, CA
TENTATIVE RULING This hearing has been continued to February 2, 2021....
Jan 26, 2021
San Luis Obispo County, CA
TENTATIVE RULING On May 15, 2020, Frank Ulloa Lujan, individually and as heir to Harley Nicole McGrew Lujan, deceased; and Christopher Nehemiah Rodriguez, through his guardian ad litem Frank Ulloa Lujan (Plaintiffs) filed a wrongful death lawsuit against Ryan Michael Pavone, Brian Christopher Terrizzi, and Daniel Wayne Federico Smith (Defendants)...
Jan 26, 2021
San Luis Obispo County, CA
TENTATIVE RULING This hearing has been continued to February 2, 2021....
Jan 26, 2021
San Luis Obispo County, CA
_____________________________________________ P.A., a minor, by and through her Guardian Ad Litem (“Plaintiff”), filed this action against the Atascadero Unified School District (the “District”), on April 23, 2020. Plaintiff, who was three years old at the time of the incident, alleges that she was sexually assaulted on a school bus operated by t...
Jan 26, 2021
San Luis Obispo County, CA
TENTATIVE RULING Brock Veillette (“Plaintiff”) filed this lemon law action against Fiat Chrysler Automobiles, LLC (“FCA”) on August 31, 2018. Plaintiff filed a first amended complaint on September 27, 2018. The dispute arises out of Plaintiff’s purchase of a 2017 Dodge Ram 1500 in October 2017, which he asserts is defective. The first amended com...
Jan 26, 2021
San Luis Obispo County, CA
On May 11, 2018, Steve and Lisa Canchola (“Plaintiffs”) filed this action against Merrill & Associates Real Estate (“Merrill”), Andrew Berry, Scott Berry, Kleck Road, LLC (“Kleck”), and Phoenix Construction & Remodeling (“Phoenix Construction”).1 Plaintiffs filed a second amended complaint (“SAC”) on December 10, 2018. The parties’ dispute arises o...
Jan 21, 2021
San Luis Obispo County, CA
Jason Papich and April Papich, as Trustees of the Papich Family Trust, dated September 20, 2004 (“Plaintiffs”), filed this breach of contract action against Alliance Ready Mix, Inc. (“Defendant”) on August 7, 2020. Plaintiffs allege they suffered damages when Defendant failed to comply with Section 1.04 of an Industrial Real Estate Lease, which req...
Jan 21, 2021
San Luis Obispo County, CA
Unifund CCR LLC, as assignee (“Plaintiff”), filed this credit card collection action against Darren Mulder (“Defendant”), on September 25, 2019. Defendant filed his answer on October 18, 2019. On May 12, 2020, Plaintiff served Request for Admissions, Set One, which included 11 requests for admission. (Burrows Decl., ¶ 3; Exh. A.) No response was ...
Jan 21, 2021
San Luis Obispo County, CA
On its own motion, the Court continues the demurrer and motion to strike filed by Helios Dayspring, Helios Management Group LLC, and 7510 LOVR LLC currently set for January 20, 2021, to January 27, 2021 at 9:00 a.m. in Department 9....
Jan 20, 2021
San Luis Obispo County, CA
PB Companies, LLC (“Plaintiff”) filed this action derivatively, on behalf of Tank Farm Center, LLC (“TFC”), against Taylor Judkins (“Judkins”) and nominal defendant TFC (collectively “Defendants”), on May 18, 2020. Plaintiff brings causes of action for (1) disassociation and expulsion of defendant as member of Tank Farm Center, LLC; (2) breach of f...
Jan 20, 2021
San Luis Obispo County, CA
This application is an effort by John C. Wright, dba Medi-Dental Adjustment Bureau (“Wright”), to collect on a default judgment for which Wright is the assignee from the original plaintiff, the Donald M. Johnson Living Trust dated 1/27/2000 (the “Trust”), entered by this Court on October 10, 2008, against Robert J. Gumer (“Defendant”). Wright seeks...
Jan 20, 2021
San Luis Obispo County, CA
(2) Motion to Quash Background. On August 16, 2019, Larry Curlee (Plaintiff) filed a complaint against John E. Odum (Defendant). Plaintiff is currently a patient at Coalinga State Hospital and is a participant in the Sex Offender Treatment Program (SOTP). (Plaintiff Decl., ¶ 1.) As part of this program, Plaintiff alleges he was given polygraph ...
Jan 20, 2021
San Luis Obispo County, CA
Background. On July 19, 2016, Keith Garl (Plaintiff) filed a lawsuit against Ben Ferrari and Robert Nicholson (collectively Defendants) alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) quantum meruit; and (4) specific performance of memorandum of agreement. The parties’ dispute arise...
Jan 20, 2021
San Luis Obispo County, CA
TENTATIVE RULING William Carlyle (“Plaintiff”) filed this action on June 17, 2019, against David Macagni (“Macagni”), the Department of Forestry and Fire Protection (sued as “Cal Fire”), and the County of San Luis Obispo (the “County”). The dispute arises from damages caused by a car fire which spread to Plaintiff’s property. The fire occurred on...
Jan 19, 2021
San Luis Obispo County, CA
TENTATIVE RULING Background. On September 27, 2019, Barry V. Pickell and Melody Pickell (Plaintiffs) filed a verified complaint against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine1. Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) inverse condemna...
Jan 19, 2021
San Luis Obispo County, CA
Plaintiff’s Request for Leave to File a Third Amended Complaint Date: January 19, 2021 (continued from 11/10/20) TENTATIVE RULING William Carlyle (“Plaintiff”) filed this action on June 17, 2019, against David Macagni (“Macagni”), the Department of Forestry and Fire Protection (sued as “Cal Fire”), and the County of San Luis Obispo (the “Coun...
Jan 14, 2021
San Luis Obispo County, CA
Natalie Nasser (“Nasser” or “Plaintiff”) filed this action on May 8, 2019, against Margarita Adventures, LLC (“Defendant”). Plaintiff’s complaint alleges that she was injured while riding on a zipline owned and operated by Defendant, when the retrieval “robot”, a device attached to the zipline which is used to retrieve stuck riders, shot up the lin...
Jan 14, 2021
San Luis Obispo County, CA
Natalie Nasser (“Nasser” or “Plaintiff”) filed this action on May 8, 2019, against Margarita Adventures, LLC (“Defendant”). Plaintiff’s complaint alleges that she was injured while riding on a zipline owned and operated by Defendant when the retrieval “robot”, a device attached to the zipline which is used to retrieve stuck riders, shot up the line...
Jan 14, 2021
San Luis Obispo County, CA
Duc Nguyen (“Plaintiff”) filed this action against Mark Mahaffie (“Defendant”) on July 8, 2020, alleging claims for (1) Violation of Cal. Corp. Code §§ 2500, et seq. – Unlawful Conduct of Business as an “Investment Advisor” and “Broker,” (2) Fraud, (3) Negligent Misrepresentation, (4) Intentional Misrepresentation, (5) Fraud/Breach of Fiduciary Dut...
Jan 14, 2021
San Luis Obispo County, CA
(consolidated with 20CVP-0064) Hearing: Demurrer On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed this action against Ginger Mankins, Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064, and is referred to herein as the “Machado Action.” The co...
Jan 14, 2021
San Luis Obispo County, CA
(consolidated with 20CV-0310) Hearing: Demurrer On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed this action against Ginger Mankins, Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064, and is referred to herein as the “Machado Action.” The com...
Jan 14, 2021
San Luis Obispo County, CA
(2) Motion for Sanctions Background. On February 26, 2019, Plaintiff Drew B. Grundfor filed a lawsuit against Defendants Allstate Northbrook Indemnity Company (Allstate); John Demarest; and Hanger, Steinberg, Shapiro & Ash (the Law Firm). Plaintiff’s first amended complaint (FAC) alleges causes of action for (1) negligence (against Mr. Demarest...
Jan 14, 2021
San Luis Obispo County, CA
Background. On July 11, 2018, Emmett Rushing and Annette Rushing (Plaintiffs) filed a lawsuit against Michael Ryan, M.D.; Dave Anderson, PA-C; Than Luu, M.D.; George Hansen, M.D.; Central Coast Chest Consultants; and All for Health, Health for All, Inc. (collectively Defendants). On October 21, 2019, Plaintiffs filed an amendment to the complaint...
Jan 13, 2021
San Luis Obispo County, CA
Ford Motor Credit Company, LLC (“Plaintiff”) filed this action in November 2004, against Benjamin Bliss and Katherine E. Bliss, regarding amounts owed on a motor vehicle lease agreement. Benjamin H. Bliss was served with the summons and complaint through substitute service on January 7, 2005. (Chen Decl.. ¶ 3; Exh. 2.) Katherine E. Bliss was serv...
Jan 13, 2021
San Luis Obispo County, CA
Coasthills Credit Union, Inc. (“Plaintiff”) filed this action against Danial Rueda and Molly Rueda (collectively “Defendants”) on July 1, 2019. On November 19, 2019, Defendants filed an answer and cross-complaint against Plaintiff. On January 31, 2020, Defendants served discovery on Plaintiff, including Requests for Production of Documents, Set O...
Jan 13, 2021
San Luis Obispo County, CA
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 Superior Court on January 30, 2020. Plaintiff...
Jan 12, 2021
San Luis Obispo County, CA
TENTATIVE RULING On March 25, 2019, Karen Ann Mabry (“Plaintiff”) filed a medical negligence action against David A. Bolivar, M.D (19CVP-0088). On June 26, 2019, Plaintiff filed a related medical negligence action against Templeton Surgery Center (19CVP-0209). On October 3, 2020, the two actions were consolidated. On October 26, 2020, Templeton...
Jan 12, 2021
San Luis Obispo County, CA
TENTATIVE RULING On August 3, 2018 Plaintiff Tom Fowler filed a verified complaint against Defendants Robert Champion and Doronda Champion. Although somewhat unclear, Plaintiff’s complaint purports to allege causes of action for fraud, embezzlement, conversion, and elder abuse. Defendants filed an answer and are currently self-represented. On o...
Jan 12, 2021
San Luis Obispo County, CA
Background. This lawsuit concerns the 2,400-acre parcel known as Wild Cherry Canyon (the Property) near Avila Beach in San Luis Obispo County. On March 18, 2019, Plaintiffs Pacho Limited Partnership (Pacho) and San Luis Bay Limited Partnership (San Luis Bay) filed a complaint against Defendant Eureka Energy Company (Eureka), alleging causes of ac...
Jan 07, 2021
San Luis Obispo County, CA
TENTATIVE RULING On April 24, 2020, Marsh Higuera Mixed Use, LLC; Taylor Judkins; and The Donald R. Judkins and Maxine Judkins Revocable Trust dated January 3, 1985 (collectively Plaintiffs) filed a lawsuit against John W. Belsher; Ryan Joseph Wright formerly known as Ryan Joseph Petetit; PB Companies, LLC; and 486 Marsh/545 Higuera LLC, a dissol...
Jan 07, 2021
San Luis Obispo County, CA
Motion to Compel Further Responses to Requests for Admission, Set Three to the City of Exeter, Clifton Bush, and Brett Inglehart (filed by Betty Long) Both the parties and the Court are familiar with the background of the case so that the Court recites only that portion of the matter’s history necessary for purposes of these motions.1 Trial is ...
Jan 07, 2021
San Luis Obispo County, CA
Both the parties and the Court are familiar with the background of the case so that the Court recites only that portion of the matter’s history necessary for purposes of these motions.1 Trial is currently set to begin on January 25, 2021; and has been granted preference. (Min. Order, 02/07/20.) Because the trial date had been continued (from May ...
Jan 07, 2021
San Luis Obispo County, CA
State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action on March 18, 2014, against Erin Cameron (“Defendant”). The action sought to recover payments totaling $14,860.29, which Plaintiff had made to its insured (Edward Lee Seidel) in connection with an automobile accident in Cambria, California on August 31, 2012. ...
Jan 06, 2021
San Luis Obispo County, CA
Stephanie Patterson (“Plaintiff”) filed this action on August 7, 2020, against Julia Ogden and Habitat for Humanity for San Luis Obispo County (collectively, “Defendants”). The complaint sets forth one cause of action for negligence, arising out of a vehicle collision on August 18, 2018. According to the complaint, Plaintiff’s husband, Joseph Patte...
Jan 06, 2021
San Luis Obispo County, CA
On December 20, 2019, Hector Montoya, as an individual and a representative plaintiff (“Plaintiff”), filed this wage and hour action against Kings Oil Tools, Inc. (“Defendant”). Plaintiff filed a first amended complaint on January 15, 2020, which Defendant answered on March 9, 2020. Plaintiff now reports that the matter has been resolved pending th...
Jan 05, 2021
San Luis Obispo County, CA
On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed an action against Ginger Mankins (“Ginger”), Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064 (the “Machado Action”). The complaint alleges that Ginger, through her company Wapita, was Machado’s b...
Dec 31, 2020
San Luis Obispo County, CA
On July 5, 2017, Plaintiff Wesco Insurance Company filed this limited civil action against Defendants Omega aka Omega Concrete; Lawrence Leroy Hall, individually and dba Omega Concrete; and Jennette Hall, individually and dba Omega Concrete. The complaint alleges one cause of action for breach of contract. The dispute stems from Plaintiff’s provi...
Dec 31, 2020
San Luis Obispo County, CA
TENTATIVE RULING This is a consolidated action. Sharon Boyd filed her complaint for damages against Paul Scott Hanna on October 6, 2017 (17CVP-0276; Lead Case). Paul Hanna and Miranda Hanna filed their complaint for damages against Sharon Boyd and the County of San Luis Obispo on December 14, 2017 (17CVP-0351). Multiple cross-complaints have been...
Dec 22, 2020
San Luis Obispo County, CA
TENTATIVE RULING Tentative will be distributed to the parties by email at the time of the hearing....
Dec 22, 2020
San Luis Obispo County, CA
TENTATIVE RULING On March 19, 2020, Plaintiff S.R. Bray, LLC, doing business as Power Plus!, filed this action against Defendants Central Coast Power Services, LLC (CCPS) and American Contractors Indemnity Company (ACIC). The complaint alleges a breach of contract claim and three common counts against CCPS for allegedly failing to pay for materia...
Dec 22, 2020
San Luis Obispo County, CA
TENTATIVE RULING Cavalry SPV I, LLC (“Judgment Creditor”) has an outstanding judgment against Tom Allen (“Judgment Debtor”). As of November 6, 2020, the judgment is in the amount of $6,194.94. Judgment Creditor now seeks to enforce the judgment, and Judgment Debtor has filed a claim of exemption. A judge is vested with broad discretion in det...
Dec 22, 2020
San Luis Obispo County, CA
TENTATIVE RULING Currently before the Court is Plaintiff Keith Falerios’ motion for a default judgment against Defendant Austin Falerios. On August 24, 2020, this Court ordered Attorney Gregory Gillett to represent Defendant. (50 U.S.C. § 3931.) Counsel appeared at the October 6, 2020 hearing on this motion, wherein the Court continued the hear...
Dec 18, 2020
San Luis Obispo County, CA
John Dauphinee and eight others (collectively, “Plaintiffs”) filed this action on May 1, 2020, against All Access Coach Leasing, LLC (“All Access”), Modern Management, Inc. (“MMI”), and Bradley Dratnol (“Dratnol”). The complaint alleges (1) wrongful death, (2) strict liability for defective design; (3) negligent design; (4) negligent hiring-retenti...
Dec 17, 2020
San Luis Obispo County, CA
Patrick O’Sullivan (“Plaintiff”) filed this personal injury action on December 2, 2019, against April Botts (“Defendant”). The dispute arises out of an incident on August 21, 2019, when Defendant, who was driving a Land Rover on Avila Beach Drive, veered onto the road’s righthand shoulder and struck Plaintiff who was riding his bicycle. The complai...
Dec 16, 2020
San Luis Obispo County, CA
Background. Petitioner Lars Luther filed this lawsuit against Respondents the County of San Luis Obispo Civil Service Commission (the Commission) and the County of San Luis Obispo (the County1). At the time this lawsuit was filed, Petitioner was a longtime employee of the County Sheriff’s Department (the Department). With this lawsuit, Petitioner...
Dec 16, 2020
San Luis Obispo County, CA
TENTATIVE RULING Unifund CCR, LLC (“Plaintiff”) filed this credit card collection action against Susan Coyle (“Defendant”) on January 30, 2020. Proof of personal service of the summons and complaint on Defendant was filed on February 3, 2020, wherein the registered process server declares that Defendant was personally served on February 2, 2020. ...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING On August 3, 2018 Plaintiff Tom Fowler filed this lawsuit against Defendants Robert Champion and Doronda Champion. Although somewhat unclear, Plaintiff’s complaint purports to allege causes of action for fraud, embezzlement, conversion, and elder abuse. Defendants filed an answer and are currently self-represented. Now before t...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING Plaintiff Tess Trudgeon (“Plaintiff”) filed this action against defendant Margarita Adventures, LLC (“Defendant”) on September 14, 2017. Defendant runs a recreational zip line tour located in Santa Margarita, California. Plaintiff alleges that on February 22, 2016, she participated in Defendant’s zip line ride and Defendants’ gui...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING Background. On September 27, 2019, Barry V. Pickell and Melody Pickell (Plaintiffs) filed a verified complaint against Defendants the County of San Luis Obispo (the County), Tiburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine. Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) inverse condemnat...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING Clayton Bradshaw and Allison Bradshaw (collectively “Plaintiffs”) filed this construction failure action against Justin Martin Sorrentino dba Legacy Built on August 5, 2019. On November 18, 2019, Justin Martin Sorrentino dba Legacy Built (“Sorrentino” or “Legacy Built”) filed a cross-complaint for equitable and implied indemnit...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING 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. Plaintiff was employed with Defendant...
Dec 15, 2020
San Luis Obispo County, CA
Motion to Substitute Assignee TENTATIVE RULING Two motions are on calendar on December 15, 2020 in this action. The tentative rulings will be posted on December 15, 2020 and the motions will be heard on Wednesday, December 16, 2020 on the 9:00 a.m. calendar....
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING On March 28, 2018, Ditech Financial, LLC (“Ditech”) filed this action against Monique McTeer (“McTeer”) for reformation of legal description and assessor’s parcel number in deed of trust, and declaratory relief. Ditech’s complaint seeks to reform a deed of trust securing a loan taken out by McTeer to refinance her preschool bus...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING Manuel Vasquez, Jr. (“Plaintiff”) filed a complaint on August 17, 2020, against J.F. French, Ronald French,1 Daniel French,2 and Pine Street Saloon LLC (“Pine Street”).3 The complaint alleges the following causes of action: (1) Negligent Hiring, Retention, Supervision, and Failure to Terminate; (2) Assault; (3) Battery; (4) Inten...
Dec 15, 2020
San Luis Obispo County, CA
TENTATIVE RULING On May 28, 2020, Plaintiff Raymond Peloso filed an employment lawsuit against Defendants Arciero & Sons, Inc.; Robert Arciero; and Susan Grinager. Plaintiff alleges causes of action for (1) wrongful termination in violation of public policies; (2) age discrimination; (3) harassment based on age; (4) disability discrimination; (5)...
Dec 15, 2020
San Luis Obispo County, CA
On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed this action against Ginger Mankins, Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064, and is referred to herein as the “Machado Action.” The complaint alleges Ginger, through her company Wapita, w...
Dec 10, 2020
San Luis Obispo County, CA
McKinsey’s Motion to Consolidate Actions On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed this action against Ginger Mankins, Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064, and is referred to herein as the “Machado Action.” The complaint al...
Dec 10, 2020
San Luis Obispo County, CA
On December 13, 2016, Betty Long (“Long”) and David Fear, residents of Grover Beach, were attacked by two dogs. Long was injured and David Fear died from his injuries three days later. Rachel, Sarah, and Steven Fear (the “Fears”) are David Fear’s children and sole heirs. Long and the Fears (collectively, “Plaintiffs”) filed this action on September...
Dec 10, 2020
San Luis Obispo County, CA
Motion to Compel Responses to Special Interrogatories Motion to Compel Responses to Requests for Production of Documents Motion to Deem Requests for Admission, Admitted Kirit Patel (“Plaintiff”) initiated this action on July 30, 2019, against Crystal Spaletta (“Defendant”). The dispute arises out of Defendant’s rental of commercial space owned by...
Dec 10, 2020
San Luis Obispo County, CA
San Luis Obispo Wellness Center, Corp. (“Petitioner” or “SLO Wellness”) filed its Verified Petition for Writ of Mandate against the City of San Luis Obispo (“Respondent” or the “City”) on January 17, 2020. Petitioner desired to obtain a Commercial Cannabis Business Operators Permit (“Permit”) from the City. After the City initially awarded Petiti...
Dec 09, 2020
San Luis Obispo County, CA
Integrated Franchise Solutions, Inc. (“Plaintiff”) filed this action for breach of contract, intentional and negligent misrepresentation, fraud, negligence, and rescission against SMTMS II, Inc., on July 19, 2018. This action arises out of Plaintiff’s purchase of the Sport Clips CA 781 franchise store (the “Business”) in early 2017. Plaintiff alleg...
Dec 09, 2020
San Luis Obispo County, CA
This is a probate proceeding wherein Petitioner Michalle Kathryn McCoy seeks to appoint Heidi Marie McCoy as Conservator over Michalle1’s mother (and Heidi’s grandmother), Conservatee Diane Marie McCoy. By Order entered June 19, 2020, Heidi was appointed Temporary Conservator of the Estate of Diane McCoy. Letters of Temporary Conservatorship were i...
Dec 09, 2020
San Luis Obispo County, CA
This action was filed on March 30, 2010, by Polly Maloney (“Plaintiff”). A default judgment was entered against defendant Deven Wek (“Wek”) on January 11, 2011. On January 3, 2020, Plaintiff assigned her interest, right and title to the judgment to Pinnacle Financial Services, LLC (“Pinnacle”). Wek now moves to set aside the default and the defau...
Dec 02, 2020
San Luis Obispo County, CA
Background. This lawsuit concerns the Thompson Family Trust (the Trust), created in 1989 by Fred Thompson (Fred1) and Mary Lucile Thompson (Lucile). Lucile, the surviving trustor, died in July 2011. Melinda Jones (Petitioner) is the Thompsons’ daughter and has been the Successor Trustee since that time. On July 26, 2018, Petitioner filed a peti...
Dec 02, 2020
San Luis Obispo County, CA
TENTATIVE RULING On July 27, 2018, Plaintiff Rebecca Tom (“Plaintiff”) filed this action against her ex- husband Kurt James Tom, and her former in-laws, William Tom and Hua Ping Guan Tom (collectively “Defendants”). On November 27, 2018, Plaintiff filed her First Amended Complaint (“FAC”). Plaintiff alleges and contends that she suffered physic...
Dec 01, 2020
San Luis Obispo County, CA
Hearing on November 3, 2020. This Motion for Change came on regularly for hearing on November 3, 2020. In its tentative ruling at that time, the Court noted that Plaintiffs’ opposition was supported by a declaration, without supporting documents, that Defendant’s payments were, by agreement of the parties, directly wired to Plaintiffs’ bank accou...
Dec 01, 2020
San Luis Obispo County, CA
TENTATIVE RULING David Minser (“Plaintiff”) filed this action against Collect Access, LLC, (“Collect Access”) First Select Inc. and the law firm Zee Law Group, PC (“ZLG”) on June 17, 2016. On March 5, 2019, default was entered against Collect Access. On July 15, 2019, default judgment was entered against Collect Access and Zee Law Group, PC (“Z...
Dec 01, 2020
San Luis Obispo County, CA
Nicholas Toti (“Plaintiff”) filed this action against Segura Security Services (“Defendant”) on September 16, 2019. The parties settled the case and filed a stipulation and order for the Court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6. The Court signed that order, and then entered judgment pursuant to it. Defendant ...
Nov 25, 2020
San Luis Obispo County, CA
Paul Collagan (“Plaintiff”) filed this personal injury action against Ashlea Boyer and Michael Boyer (collectively “Defendants”), on January 29, 2019, arising from a motor vehicle accident. Defendants now move pursuant to Code of Civil Procedure sections 2023.010, 2030.290, and 2031.320, for terminating sanctions. Defendants served their motion o...
Nov 25, 2020
San Luis Obispo County, CA
Factual and Procedural Background. On September 25, 2020, Plaintiffs Raelene M. Ramos and Annastasia C. Ramos filed a lawsuit against Defendants Linda J. Bowlby, individually and as beneficiary of The Hindmarsh Irrevocable Trust Dated September 6, 1996 (the Irrevocable Trust); Linda J. Bowlby, individually and as beneficiary under The Hindmarsh T...
Nov 25, 2020
San Luis Obispo County, CA
This action was initiated on June 4, 2020, with a Petition to Instruct Trustee pursuant to Probate Code section 17200(b)(6), filed by Shawnette Rice Frost (“Trustee”), Trustee of the Esther A. Borja Irrevocable Trust Dated November 29, 2019 (the “Trust”). On October 14, 2020, Esther Borja (“Borja”) filed in this action her own Petition, which see...
Nov 24, 2020
San Luis Obispo County, CA
Paul Cardenas and Samuel Cardenas (collectively “Plaintiffs”) filed this action for premises liability and wrongful death against Horizon Senior Living, Inc., Gary Potts, the Manse on Marsh LP (the “Manse”), and Christopher Skiff (“Skiff”), on March 3, 2020. After Skiff filed a demurrer on statute of limitations grounds, and after the time to oppos...
Nov 19, 2020
San Luis Obispo County, CA
Background. On July 17, 2019, California State Grange and San Luis Obispo Grange No. 639 (Plaintiffs) filed a lawsuit against San Luis Obispo Guild Hall (Defendant). Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) declaratory judgment, (2) cancellation of deed and quiet title, (3) slander of title, (4) conversion, (5) c...
Nov 19, 2020
San Luis Obispo County, CA
Introduction. On August 22, 2018, Plaintiff Marc Buentiempo filed an employment lawsuit against Defendants California Department of Corrections and Rehabilitation (CDCR) and Josephine Gastelo. Ms. Gastelo is the warden at California Men’s Colony (CMC) where Plaintiff was and is employed as a Painter II. Plaintiff’s first amended complaint for dam...
Nov 19, 2020
San Luis Obispo County, CA
This matter will be taken off calendar because Plaintiffs have filed a dismissal with prejudice in favor of the moving party, Edward Jones. No appearances are required. The matter is next on calendar, January 25, 2021, for a status conference at 9:00 a.m....
Nov 18, 2020
San Luis Obispo County, CA
Loretta Fontecchio (“Plaintiff”) filed her class action complaint for violation of California Labor Code section 226(a) against Family Care Network, Inc. (“Defendant”) on April 25, 2019. Plaintiff alleges that Defendant, as a matter of corporate policy and practice, furnished wage statements that violated Labor Code section 226(a) by failing to ide...
Nov 18, 2020
San Luis Obispo County, CA
Motion to Compel Responses to Requests for Production of Documents Motion to Deem Requests for Admission, Admitted On October 11, 2019, Kevin Azzouz, Jr. petitioned for appointment as temporary and general conservator of his father, Kevin Azzouz, Sr. Ten days later, the proposed conservatee’s daughter, Melanie Azzouz Potter, filed competing petit...
Nov 18, 2020
San Luis Obispo County, CA
TENTATIVE RULING Adriane Even Walker-Bailey (“Petitioner”) filed this Request for Civil Harassment Restraining Orders pursuant to Code of Civil Procedure section 527.6 on May 15, 2020 against Casey Nugent. (20CVP-0154) On that same date, Petitioner filed a related Request for Civil Harassment Restraining Order pursuant to Code of Civil Procedure ...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING Background/Procedural History. On July 16, 2019, Roberto Mercado (Roberto1) filed this limited civil action against Art Dansby (Defendant) alleging causes of action for (1) breach of contract and (2) common counts. Roberto alleges that the parties orally agreed Roberto would perform landscaping work for Defendant at the rate of...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING Sydney Rangel (“Plaintiff”) filed this action on July 29, 2020, against Westmont Living, Inc. (“Defendant”).1 The complaint alleges 24 causes of action, including various Labor Code violations on behalf of Plaintiff individually and similar situated current and former employees. In addition, Plaintiff alleges, on her own behalf, ...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING Monique Osuna (“Plaintiff”) filed this action for negligence/medical malpractice on January 6, 2020, against Charles P. Chalekson, M.D. (“Dr. Chalekson”) and Twin Cities Community Hospital, Inc. (“Twin Cities”). On March 30, 2020, Plaintiff filed her First Amended Complaint (“FAC”). The FAC alleged professional negligence in rela...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING On June 3, 2019, Plaintiffs Susan Hall and Anthony Hall filed a lawsuit against Columbia Burlap and Bag Company, Inc. (Columbia) alleging causes of action for (1) failure to pay all wages; (2) waiting time penalties; (3) breach of written employment agreement; (4) wrongful termination in violation of public policy; (5) retaliatio...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING On May 15, 2020, Frank Ulloa Lujan, individually and as heir to Harley Nicole McGrew Lujan, deceased; and Christopher Nehemiah Rodriguez, through his guardian ad litem Frank Ulloa Lujan (Plaintiffs) filed a wrongful death lawsuit against Ryan Michael Pavone, Brian Christopher Terrizzi, and Daniel Wayne Federico Smith (Defendants)...
Nov 17, 2020
San Luis Obispo County, CA
TENTATIVE RULING On March 28, 2018, Ditech Financial, LLC (“Ditech”) filed this action against Monique McTeer (“McTeer”) for reformation of legal description and assessor’s parcel number in deed of trust, and declaratory relief. Ditech’s complaint seeks to reform a deed of trust securing a loan taken out by McTeer to refinance her preschool bus...
Nov 17, 2020
San Luis Obispo County, CA
On May 19, 2020, the San Luis Obispo County Flood Control & Water Conservation District (the “District”) filed this action against A. Teichert & Son, Inc., doing business as Teichert Construction (“Teichert”). The action arises from a public construction project known as the Nacimiento Water Project, Pipeline North Units A, A1, C, and C1 (the “Proj...
Nov 12, 2020
San Luis Obispo County, CA
Motion to Compel Responses to Special Interrogatories Motion to Compel Responses to Requests for Production Carmen Eulloqui and Francisco Velasquez (“Plaintiffs”) filed this action on January 21, 2020, against Gabriela Lopez and Jorge Vasquez (“Defendants”). The complaint alleges that Plaintiffs are the owners of real property in Nipomo, Californ...
Nov 12, 2020
San Luis Obispo County, CA
Motion to Deem RFAs Admitted Background. On December 10, 2019, David Radmacher (Plaintiff) filed a lawsuit against Joann Salinas (Defendant) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) constructive fraud, (4) money loaned, (5) unjust enrichment, and (6) conversion. Defendant filed a cross-compliant ag...
Nov 12, 2020
San Luis Obispo County, CA
Timothy Warlin (“Timothy”) 1, Brent Warlin (“Brent”), Janice Der Garabedian (“Janice” and Brian Der Garabedian (“Brian”) (collectively “Plaintiffs”) filed this action on February 21, 2020. Plaintiffs filed their First Amended Complaint on June 23, 2020 (“FAC”). This action arises out of the death and funeral arrangements for Cherie Warlin (“Cherie”...
Nov 12, 2020
San Luis Obispo County, CA
John Roffoni and others (“Petitioners”) initiated this action on October 19, 2020, against Brian Wick, doing business as Brian Boiler Works (“Respondent”). At issue is a mechanic’s lien recorded by Respondent on June 26, 2020, against Petitioners’ property on Higuera Street in San Luis Obispo, California (the “Property”). The lien claim is in the a...
Nov 12, 2020
San Luis Obispo County, CA
The parties are well-versed in the background of this case and the Court will not recite it here. Plaintiffs Westlake Farms, Inc. (Westlake) and Ceil Howe, Jr. filed suit against the County Sanitation District No. 2 of Los Angeles County (the District). A jury trial commenced on February 28, 2020 and was anticipated to take six to seven weeks. On M...
Nov 12, 2020
San Luis Obispo County, CA
Margaret Sauer (“Plaintiff”) filed this action on May 5, 2020, against Priscilla Kiessig (“Kiessig”) and Paso Robles Vacation Rentals, LLC (“PRVR”). On July 24, 2020, Airbnb, Inc. (“Airbnb”) was added as a defendant as Doe 1. Airbnb now moves to compel arbitration based on the Federal Arbitration Act (“FAA”) and Code of Civil Procedure section 12...
Nov 10, 2020
San Luis Obispo County, CA
Barbara Housley (“Plaintiff”) filed this action against California TD Specialists (“TD Specialists”), FCI Lender Services, Inc. (“FCI”) and the Rama Fund, LLC (“Rama”) (collectively “Defendants”) on August 5, 2020. Plaintiff’s complaint alleges seven causes of action, for 1) Violation of Civil Code section 2924; 2) Violation of Civil Code section 2...
Nov 10, 2020
San Luis Obispo County, CA
MINUTE ORDER To facilitate the effective case management of Plaintiff Zara Rivas’s lawsuit, the Court will special set the following matters for Tuesday, January 12, 2021 at 9:00 a.m.: - The demurrer to Plaintiff’s second amended complaint filed by Defendant Stacy Peterson on January 29, 2020. - The special motion to strike Plaintiff’s second...
Nov 10, 2020
San Luis Obispo County, CA
Motion for Vexatious Litigant Determination 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 or “REDs”. The dispute arises out of P...
Nov 10, 2020
San Luis Obispo County, CA
Plaintiff Pacific Western Bank filed this action against Defendants Robert and Linda Takken for breach of personal guaranties and unjust enrichment related to a promissory note signed by Takken Development Company, Inc. (the Note). At several points during the pendency of the Note, Defendants signed a personal “Commercial Guaranty” with respect to ...
Nov 05, 2020
San Luis Obispo County, CA
John Dauphine, and eight others, (collectively “Plaintiffs”) filed this action on May 1, 2020, against All Access Coach Leasing, LLC (“All Access”), Modern Management, Inc. (“MMI”), and Bradley Dratnol (“Dratnol”). The complaint alleges (1) wrongful death, (2) strict liability for defective design; (3) negligent design; (4) negligent hiring-retenti...
Nov 05, 2020
San Luis Obispo County, CA
This is an action in eminent domain where the City of Morro Bay (Plaintiff or the City) seeks to take certain property (the Property) located at 1290 Embarcadero in Morro Bay, belonging to Defendants Vistra Energy Corp. and Dynegy Morro Bay, LLC. The City seeks this property for the purpose of upgrading its wastewater treatment and water supply inf...
Nov 05, 2020
San Luis Obispo County, CA
This action arises out of a deluge that caused flooding of the Plaintiffs’ residences, which are located downslope of Defendant Coastal Christian School (CCS) and Oak Park Road. Plaintiffs Martin M. Wefald, Donna M. Wefald, Andrew E. Peterson, Liane H. Peterson, Tyler M. Cota, and Jerica L. Cota allege that the County of San Luis Obispo (the County...
Nov 05, 2020
San Luis Obispo County, CA
San Marcos Country Club Estates (Plaintiff) has an outstanding judgment ($26,519.15) against Chris Curiel (Defendant). Plaintiff obtained the judgment in the San Marcos Justice Court, Maricopa County, State of Arizona. (Request for Judicial Notice [RFJN], Ex. 2.) The Arizona Court awarded Plaintiff “all reasonable costs and attorneys’ fees incurred...
Nov 05, 2020
San Luis Obispo County, CA
Please wait a moment while we load this page.
