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).
20CV-0412) Hearing: (1) Demurrer and (2) Motion to Strike This consolidated lawsuit concerns the construction of the Hotel Cerro in downtown San Luis Obispo. The lead case is captioned Sahara Construction Co., Inc. v. Specialty Construction, Inc. et al., Case No. 19CV-0589. Consolidated with the lead case are Case Nos. 20CV-0167; 20CV- 0306; 20...
Mar 03, 2021
San Luis Obispo County, CA
Background. On August 19, 2020, Plaintiff Riki Neice Hosier filed a lawsuit against Defendants Randall Clagg and Channon Clagg, alleging causes of action for (1) conversion, (2) breach of oral agreement, (3) unjust enrichment, and (4) fraud in the inducement. On October 6, 2020, Plaintiff filed a first amended complaint (FAC) alleging causes of a...
Mar 02, 2021
San Luis Obispo County, CA
Pursuant to the parties’ stipulation, Defendants’ motion for sanctions now scheduled for March 2, 2021, shall be continued to May 18, 2021....
Mar 02, 2021
San Luis Obispo County, CA
_____________________________________________ Background. Plaintiff Norgrove Gardens, LLC brings this action against Defendant California Department of Transportation. Plaintiff’s first amended complaint (FAC) alleges four causes of action for negligence/dangerous condition of public property under Government Code section 835, trespass, nuisanc...
Mar 02, 2021
San Luis Obispo County, CA
Mark Ober v. Bruce Drucker, 20CVP-0319 Hearing: Motion for Attorney’s Fees and Costs x2 Background. Bruce Drucker (Drucker) and Mark Ober (Ober) are neighbors living on adjacent properties in Cambria. Both properties are on a hillside, with the Ober property overlooking the Drucker property. The motions before the Court stems from dueling r...
Mar 02, 2021
San Luis Obispo County, CA
Background. The Instant Lawsuit. Plaintiff Arthur Mogilefsky filed this lawsuit against Defendant Panda Express, Inc. on August 27, 2020. Plaintiff’s first amended complaint (FAC) includes causes of action for (1) violation of the Unruh Act, (2) negligent employee training, and (3) unfair competition (Bus. & Prof. Code, § 17200). Plaintiff’s ...
Feb 25, 2021
San Luis Obispo County, CA
Troy Javadi and Lorraine Javadi (“Plaintiffs”) filed this action against the County of San Luis Obispo (the “County”), on September 4, 2020. The County responded to the complaint by filing the present demurrer. Under Code of Civil Procedure section 472, a party may amend its pleading once without leave of court at any time after a demurrer is fil...
Feb 25, 2021
San Luis Obispo County, CA
Sentinel Insurance Company, Ltd. (“Plaintiff”) filed this action on January 10, 2018, against Chronomite Laboratories, Inc. (“Chronomite”). On June 6, 2018 and January 16, 2019, Plaintiff added Elmco/Duddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional Defendants. The dispute arises out of water damage cause...
Feb 25, 2021
San Luis Obispo County, CA
Plaintiff Lupe Carney filed the instant lawsuit against Pedro D. Guimaraes, M.D., Central Coast Behavioral Health, Inc.1, and Susan Williams. Plaintiff’s claims center around the death of her adult son, Keith Bernard Murphy (the decedent). Plaintiff contends that Defendants were negligent in the case and treatment of the decedent, who died in Augus...
Feb 25, 2021
San Luis Obispo County, CA
H. Gale Kyle, Inc. dba Kyle Company Roofing (“Plaintiff”) filed this action for breach of contract on March 27, 2019, against Ryan Perron (“Defendant”). Plaintiff moved for summary judgment of its single cause of action against Defendant, and that motion was granted. Plaintiff’s contract with Defendant provided that the prevailing party in the ...
Feb 24, 2021
San Luis Obispo County, CA
Jose Luis Garza (“Plaintiff”) filed this action against Lee Joseph Piatek, M.D. (“Defendant”) on August 28, 2019. Plaintiff’s verified complaint for damages alleged six causes of action against Defendant: 1) professional negligence (medical malpractice); 2) battery; 3) lack of consent; 4) reckless infliction of emotional distress; 5) general neglig...
Feb 24, 2021
San Luis Obispo County, CA
Background/Procedural History. On November 7, 2017, Stephanie Singh (Plaintiff) filed a lawsuit against Defendants Bruce Koontz, Robert Russell Kasper, individually and dba The Real Estate Company of Cambria (Cambria), and other Defendants who have since been dismissed. Plaintiff’s lawsuit stems from her purchase of real property in Los Osos (the...
Feb 24, 2021
San Luis Obispo County, CA
(2) Petition to Remove Administrator and Appoint Successor (Prob. Code, § 8500, et seq.) (3) Petition for Letters of Administration (successor) (Prob. Code, § 8400, et seq.) These matters should have been set on the Court’s probate calendar, and will be moved to Tuesday, June 29, 2021....
Feb 24, 2021
San Luis Obispo County, CA
On September 21, 2020, Craig Nunes (“Plaintiff”) filed a complaint in interpleader against Matt Knudson (“Knudson”) and NufinishPro Franchising, LLC (“NFP”). NFP filed an answer on October 13, 2020, as well as a cross-complaint, against Knudson and Boise Bathtub Refinishing, Inc. (“BBR”). NFP’s owner, Brett Davis (“Davis”), is also named as a cross...
Feb 24, 2021
San Luis Obispo County, CA
Background. On March 15, 2019, Plaintiff Michael Wolf, individually and on behalf of all others similarly situated, filed an employment class action lawsuit against Defendant The Oaks Hotel Paso Robles, Inc., alleging causes of action for (1) rest periods, (2) meal periods, (3) failure to provide notice of sick leave, (4) failure to provide accur...
Feb 23, 2021
San Luis Obispo County, CA
The motion for summary judgment will be continued to March 23, 2021, at 9:00 a.m. in P2. The matter remains on calendar for a Case Management Conference....
Feb 23, 2021
San Luis Obispo County, CA
On May 28, 2020, Betty Spinks, a minor, by and through her guardian ad litem Krista Spinks; Krista Spinks and Kelly Spinks (collectively Plaintiffs) filed a personal injury lawsuit against Defendants Steven J. Herron, M.D. and Twin Cities Community Hospital, alleging causes of action for general negligence and emotional distress. The lawsuit stems ...
Feb 23, 2021
San Luis Obispo County, CA
On January 15, 2019, Nacimiento Regional Water Management Advisory Committee (“Plaintiff”) filed a petition for writ of mandamus and complaint against the Monterey County Water Resources Agency, its Board of Supervisors and Board of Directors, as well as Monterey County and its Board of Supervisors (collectively, “Defendants”). On April 20, 2020,...
Feb 23, 2021
San Luis Obispo County, CA
Plaintiffs Kurt Kupper and Kathleen Kupper (“Judgment Creditors”) obtained a judgment in a breach of contract action against Defendant Robert Muriset, on March 29, 1989. The judgment has been renewed several times, most recently on August 29, 2018, and abstracts of judgment have been recorded. (O’Neill Decl., ¶¶ 2, 3; Exhs. A, F.) Judgment Creditor...
Feb 18, 2021
San Luis Obispo County, CA
Tzeims Risk-Koutsoukos (“Koutsoukos” or “Petitioner”) filed a Request for Civil Harassment Restraining Orders pursuant to Code of Civil Procedure section 527.6, against Kenneth Q. Volk III (“Volk”), on June 5, 2020. The Request came on for hearing on September 2, 2020, and after presentation of evidence by Petitioner, the Court granted Volk’s ora...
Feb 18, 2021
San Luis Obispo County, CA
(3) Motion to Strike x2 Background On July 22, 2020, Lupe Carney and Randall A. Carney filed a complaint in pro per. On August 26, 2020, Lupe Carney, as the sole Plaintiff, filed a first amended complaint (FAC) against Pedro D. Guimaraes, Suzan Logsdon, and Central Coast Behavioral Health, Inc.1 (collectively Defendants). The FAC alleges causes...
Feb 18, 2021
San Luis Obispo County, CA
MINUTE ORDER On July 21, 2020, Plaintiff Drew B. Grundfor filed a first amended complaint (FAC). Defendant Allstate Northbrook Indemnity Company (Allstate) filed a demurrer to the FAC, currently scheduled for February 11, 2021. On January 14, 2021, this Court issued a ruling on a separate demurrer to the FAC. The Court sustained the demurrer wi...
Feb 11, 2021
San Luis Obispo County, CA
TENTATIVE RULING Cashelle Butler (“Plaintiff”) filed this action for personal injuries sustained in a motor vehicle accident against Teresa Turner (“Turner”) and other defendants on May 15, 2018. Plaintiff alleges that on June 2, 2016, Turner, who was driving for Uber, was picking up Plaintiff and her co-workers, and as Plaintiff was entering t...
Feb 11, 2021
San Luis Obispo County, CA
This is a conservatorship matter with competing petitions seeking to establish a conservatorship of Barbara Klein: one filed by Julie Klein (“Julie”)1, and a competing petition filed by Charles Klein (“Charles”). On August 3, 2020, Charles propounded four sets of discovery on Julie: 1) Form Interrogatories, Set One; 2) Request for Admissions, Set...
Feb 10, 2021
San Luis Obispo County, CA
Background. On July 8, 2019, Plaintiff V. Lopez Jr. & Sons General Engineering Contractors, Inc. filed a lawsuit against Defendant the City of Grover Beach (the City). Plaintiff’s first amended complaint (FAC) alleges causes of action for (1) breach of contract and (2) equitable adjustment to contract. The parties’ dispute arises out of a writt...
Feb 10, 2021
San Luis Obispo County, CA
UPDATED TENTATIVE RULING Hearing: Charles Klein’s Discovery Motions (x4) This is a conservatorship matter with competing petitions seeking to establish a conservatorship of Barbara Klein: one filed by Julie Klein (“Julie”)1, and a competing petition filed by Charles Klein (“Charles”). On August 3, 2020, Charles propounded four sets of discove...
Feb 10, 2021
San Luis Obispo County, CA
William Braaten (“Petitioner”), beneficiary of the Lester Family Trust, including the Howard W. Lester Survivor’s Trust and the Lester Disclaimer Trust (the “Trust”) filed a verified Petition for Removal Surcharge of Trustee for Breaches of Trust, Excessive Trustee Fees, Objections to Trust Accounts, and Request for Determination that Personal Prop...
Feb 10, 2021
San Luis Obispo County, CA
TENTATIVE RULING The stipulation to take the motion off calendar has been signed by the Court. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\True Farma Holding v. Mondo Wine Estate, 20CVP-0215.docx...
Feb 09, 2021
San Luis Obispo County, CA
TENTATIVE RULING This matter has been continued to March 2, 2021, in P2 at 9:00 a.m. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\Hosiervs v. Clagg, 20CVP- 0274.docx...
Feb 09, 2021
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...
Feb 09, 2021
San Luis Obispo County, CA
TENTATIVE RULING This matter has been continued to March 2, 2021, in P2 at 9:00 a.m. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\Hosier v. Clagg, 20CVP- 0274.docx...
Feb 09, 2021
San Luis Obispo County, CA
TENTATIVE RULING This matter has been continued to April 6, 2021, in P2 at 9:00 a.m. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\Rhoades v. General Motors, 20CVP-0090.docx...
Feb 05, 2021
San Luis Obispo County, CA
Tzeims Risk-Koutsoukos (“Plaintiff”) filed this action against attorney Christopher J. Duenow (“Defendant”) on June 1, 2020. Plaintiff’s complaint alleges that he suffered harassment, embarrassment, concealment, and detention of his child (child abduction), bullying, invasion of privacy, medical confidentiality violations, malice, right to privac...
Feb 04, 2021
San Luis Obispo County, CA
TENTATIVE RULING Procedural History. On August 17, 2020, Plaintiffs William Szymczak, 998 & 1030 Partners LLC, Dayspring Farms LLC, and OG Investors LLC filed this lawsuit against various Defendants. On October 20, 2020, Plaintiffs filed a first amended complaint (FAC) against Defendants Helios Dayspring; Helios Management Group LLC; 7510 LOVR ...
Feb 03, 2021
San Luis Obispo County, CA
TENTATIVE RULING Procedural History. On August 17, 2020, Plaintiffs William Szymczak, 998 & 1030 Partners LLC, Dayspring Farms LLC, and OG Investors LLC filed this lawsuit against various Defendants. On October 20, 2020, Plaintiffs filed a first amended complaint (FAC) against Defendants Helios Dayspring; Helios Management Group LLC; 7510 LOVR ...
Feb 03, 2021
San Luis Obispo County, CA
Doris Consier-Faulkner (“Plaintiff”) filed this action against Community Action Partnership of SLO County1 (“CAPSLO”), Kindra Gomez (“Gomez”), and David Bartholomew (“Bartholomew”), for negligence, premises liability, and negligent supervision/retention/hiring on August 27, 2019.2 The first and second causes of action for negligence and premise...
Feb 03, 2021
San Luis Obispo County, CA
Wells Fargo Bank, N.A. (“Plaintiff”) filed this credit card collection action against Valentina Stene (“Defendant”,) on July 10, 2020. Defendant filed her answer on August 7, 2020. On September 30, 2020, Plaintiff propounded Requests for Admission on Defendant, and Defendant failed to respond. (Kerfan Decl., ¶¶ 2-4; Exh. 1.) On November 5, 2020, ...
Feb 02, 2021
San Luis Obispo County, CA
Laird Foshay and Lisa Foshay (collectively “Plaintiffs”) filed this action for partition by sale against WC Vineyard Properties, LLC (“Defendant”) on June 26, 2020. On July 31, 2020, Defendant filed a cross-complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, intentional interference ...
Feb 02, 2021
San Luis Obispo County, CA
On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin, in her capacity as director of the Department of State Hospitals (“Defendant”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019. Plaintiff is a patient committed to the care of the Departm...
Feb 02, 2021
San Luis Obispo County, CA
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 condemnation, (2) dangerous ...
Feb 02, 2021
San Luis Obispo County, CA
TENTATIVE RULING On June 8, 2020, Peter Strojnik (“Plaintiff”) filed this action against Hotel Cheval, LLC (“Cheval”) and others. All of the named defendants own or operate places of lodging in Paso Robles, California. (Cmp., ¶ 9.) The complaint is brought pursuant to the Unruh Civil Rights Act, the federal Americans with Disabilities Act (“ADA”)...
Feb 02, 2021
San Luis Obispo County, CA
A. BACKGROUND Sentinel Insurance Company, Ltd. (“Plaintiff”) filed this action on January 10, 2018, against Chronomite Laboratories, Inc. (“Chronomite”). On June 6, 2018 and January 16, 2019, Plaintiff added Elmco/Duddy, Inc. (“Elmco”) and DC Design & Construction (“DC Design”), respectively, as additional defendants. The dispute arises out of wa...
Jan 28, 2021
San Luis Obispo County, CA
TENTATIVE RULING This matter has been continued to March 30, 2021, in P2 at 9:00 a.m. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\Rhoades v. General Motors, 20CVP-0090.docx...
Jan 27, 2021
San Luis Obispo County, CA
TENTATIVE RULING This matter has been continued to March 2, 2021, in P2 at 9:00 a.m. O:\Operations\LKING\Judges\HURST\Tentatives\2021\Feb 2021\020921\Powers v. Jensen, 16CVP- 0312.docx...
Jan 27, 2021
San Luis Obispo County, CA
Procedural History On August 17, 2020, Plaintiffs William Szymczak, 998 & 1030 Partners LLC, Dayspring Farms LLC, and OG Investors LLC1 filed this lawsuit against various Defendants. On October 20, 2020, Plaintiffs filed a first amended complaint (FAC) against Defendants Helios Dayspring; Helios Management Group LLC; 7510 LOVR LLC; HS AG Holdings...
Jan 27, 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
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
_____________________________________________ 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 line...
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
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
(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
(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
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
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
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
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
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
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
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