The Honorable Linda D. Hurst

San Luis Obispo Superior Court, Department P-2

Biography

The Hon. Linda D. Hurst is a judge for the Superior Court of San Luis Obispo County in California. She was appointed to the bench by former Governor Arnold Schwarzenegger in 2009, filling a vacancy created by the conversion of a court commissioner position.

Hurst earned a bachelor’s degree from the University of California, Davis. She has also completed a J.D. from Western State University College of Law as well as an LL.M. from Golden Gate University.

Prior to her appointment to the bench, Hurst was a partner at Hall, Hieatt & Connely since 2003. Before that, she spent five years as an attorney in her own private practice. She has also worked as an associate at Smith, Helenius & Hayes as well as Merrill, Thiessen & Gagen. Over the course of her legal career, she specialized in criminal and personal injury defense, expanding her repertoire to also include medical malpractice and construction defects.

Recent Rulings by Hon. Linda D. Hurst

  • REBECCA TOM V. KURT JAMES TOM

    Dec 01, 2020 |  San Luis Obispo County

    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”).
    Plaint...

  • PTASZENSKI FAMILY TRUST V. JUAN CARLOS MUNGUIA

    Dec 01, 2020 |  San Luis Obispo County

    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 par...

  • DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

    Dec 01, 2020 |  San Luis Obispo County

    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...

  • ADRIANE WALKER-BAILEY V. NUGENT

    Nov 17, 2020 |  San Luis Obispo County

    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 Restrain...

  • ROBERTO MERCADO V. ART DANSBY

    Nov 17, 2020 |  San Luis Obispo County

    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 perf...

  • SYDNEY RANGEL V. WESTMONT LIVING, INC.

    Nov 17, 2020 |  San Luis Obispo County

    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 ad...

  • OSUNA V. CHALEKSON

    Nov 17, 2020 |  San Luis Obispo County

    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”). T...

  • SUSAN HALL, ET AL. V. COLUMBIA BURLAP AND BAG COMPANY, INC.

    Nov 17, 2020 |  San Luis Obispo County

    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...

  • FRANK ULLOA LUJAN, ET AL. V. RYAN MICHAEL PAVONE, ET AL.

    Nov 17, 2020 |  San Luis Obispo County

    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...

  • DITECH FINANCIAL LLC V. MONIQUE MCTEER

    Nov 17, 2020 |  San Luis Obispo County

    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 t...

  • MARGARET SAUER V. PRISCILLA KIESSIG

    Nov 10, 2020 |  San Luis Obispo County

    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 ...

  • BARBARA HOUSLEY V. FCI LENDER SERVICES, INC.

    Nov 10, 2020 |  San Luis Obispo County

    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...

  • ZARA RIVAS V. COUNTY OF SANTA BARBARA

    Nov 10, 2020 |  San Luis Obispo County

    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.

  • WILLIAM POWERS, JR. V. DONALD JENSEN, ET AL.

    Nov 10, 2020 |  San Luis Obispo County

    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 Def...

  • CAPITAL ONE BANK (USA), N.A. V. JEREMY DOUGHERTY

    Nov 03, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On December 2, 2019, Capital One Bank (USA), N.A. (Plaintiff) filed this limited civil action against Jeremy J. Dougherty (Defendant) alleging one cause of action for common counts. Plaintiff seeks to recover $6,571.76 plus interest for unpaid money lent by Plaintiff to Defendant. Def...

  • PTASZENSKI FAMILY TRUST V. JUAN CARLOS MUNGUIA

    Nov 03, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On July 28, 2020, James Francis Ptaszenski and Lisa C. Ptaszenski, Trustees of the Ptaszenski Family 2000 Trust dated June 2, 2000 (Plaintiffs) filed a lawsuit against Juan Carlos Munguia (Defendant) alleging causes of action for breach of contract and common counts.
    In their com...

  • BARRY PICKELL ET AL. V. COUNTY OF SAN LUIS OBISPO ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    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), Triburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine. Plaintiffs’ first amended complaint (FAC) ...

  • ARTHUR PATTERSON III V. CITY OF PASO ROBLES

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Arthur Patterson III (“Plaintiff’) filed this action for negligence, dangerous condition of public property and public nuisance on January 16, 2019, against multiple defendants. The action arises out of an August 21, 2017 accident wherein Plaintiff was struck by a vehicle while riding...

  • ALLIANZ INSURANCE CO. V. ANGELICA CRUZ

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Allianz Insurance Company (“Plaintiff”) filed this subrogation action on September 27, 2016, against Angelica Estrada Cruz (“Cruz”) and Jorge Ocampo Palacios (“Palacios”). According to the complaint, Palacios was driving a vehicle owned by Cruz on August 22, 2015, when he rear- ended ...

  • MALGORZATA JOHNSON V. CHRISTINE ANN VENARDOS, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    On October 20, 2020, the Court signed the parties’ stipulation and order regarding the filing of Plaintiff’s second amended complaint. The second amended complaint filed June 29, 2020 is hereby stricken. The three motions to strike the second amended complaint, filed by Defendant Christie Ann Venardos, Def...

  • VADIM MIESEGAES V. WILLIAM AUSTIN, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On October 11, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Wendell Austin (“Austin”), Ellen Beraud (“Beraud”), and the Department of State Hospitals, Atascadero (“ASH”). The action concerns Plaintiff’s request to ASH personnel for a “preference diet” and his request ...

  • MIKE’S CIGARETTES, INC. V. UNITED SPECIALTY INSURANCE COMPANY

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Mike’s Cigarettes Inc. (“Plaintiff”) filed this action for breach of contract and tortious breach of the implied covenant of good faith and fair dealing against United Specialty Insurance Company (“Defendant”) on March 5, 2019. Defendant is Plaintiff’s insurer, and the action arises o...

  • AQUILLA CHASE, ET AL. V. H. BARCA CHASE, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Brothers, Aquilla, Dan, Erich, and Malcolm Chase (“Plaintiffs”), initiated this litigation against Martha, Barca, Hester, Katherine, Rowan, and Tubuloq Chase (“Defendants”) on September 26, 2017. Plaintiffs and all defendants, except Rowan, are Martha’s children.1 Rowan is Martha’s st...

  • MARIO CLAMAR V. FCA US, LLC, ET AL.

    Oct 20, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Background.
    On May 10, 2019, Mario Clamar (Plaintiff) filed this action against Defendants FCA USA LLC (FCA) and MT Mullahey, Inc., doing business as Mullahey Chrysler Dodge Jeep Ram (Mullahey). Plaintiff’s complaint alleges causes of action for (1) breach of express warranty – v...

  • See More Results

Recent Rulings by Hon. Linda D. Hurst

  • REBECCA TOM V. KURT JAMES TOM

    Dec 01, 2020 |  San Luis Obispo County

    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”).
    Plaint...

  • PTASZENSKI FAMILY TRUST V. JUAN CARLOS MUNGUIA

    Dec 01, 2020 |  San Luis Obispo County

    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 par...

  • DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

    Dec 01, 2020 |  San Luis Obispo County

    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...

  • ADRIANE WALKER-BAILEY V. NUGENT

    Nov 17, 2020 |  San Luis Obispo County

    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 Restrain...

  • ROBERTO MERCADO V. ART DANSBY

    Nov 17, 2020 |  San Luis Obispo County

    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 perf...

  • SYDNEY RANGEL V. WESTMONT LIVING, INC.

    Nov 17, 2020 |  San Luis Obispo County

    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 ad...

  • OSUNA V. CHALEKSON

    Nov 17, 2020 |  San Luis Obispo County

    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”). T...

  • SUSAN HALL, ET AL. V. COLUMBIA BURLAP AND BAG COMPANY, INC.

    Nov 17, 2020 |  San Luis Obispo County

    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...

  • FRANK ULLOA LUJAN, ET AL. V. RYAN MICHAEL PAVONE, ET AL.

    Nov 17, 2020 |  San Luis Obispo County

    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...

  • DITECH FINANCIAL LLC V. MONIQUE MCTEER

    Nov 17, 2020 |  San Luis Obispo County

    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 t...

  • MARGARET SAUER V. PRISCILLA KIESSIG

    Nov 10, 2020 |  San Luis Obispo County

    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 ...

  • BARBARA HOUSLEY V. FCI LENDER SERVICES, INC.

    Nov 10, 2020 |  San Luis Obispo County

    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...

  • ZARA RIVAS V. COUNTY OF SANTA BARBARA

    Nov 10, 2020 |  San Luis Obispo County

    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.

  • WILLIAM POWERS, JR. V. DONALD JENSEN, ET AL.

    Nov 10, 2020 |  San Luis Obispo County

    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 Def...

  • CAPITAL ONE BANK (USA), N.A. V. JEREMY DOUGHERTY

    Nov 03, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On December 2, 2019, Capital One Bank (USA), N.A. (Plaintiff) filed this limited civil action against Jeremy J. Dougherty (Defendant) alleging one cause of action for common counts. Plaintiff seeks to recover $6,571.76 plus interest for unpaid money lent by Plaintiff to Defendant. Def...

  • PTASZENSKI FAMILY TRUST V. JUAN CARLOS MUNGUIA

    Nov 03, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On July 28, 2020, James Francis Ptaszenski and Lisa C. Ptaszenski, Trustees of the Ptaszenski Family 2000 Trust dated June 2, 2000 (Plaintiffs) filed a lawsuit against Juan Carlos Munguia (Defendant) alleging causes of action for breach of contract and common counts.
    In their com...

  • BARRY PICKELL ET AL. V. COUNTY OF SAN LUIS OBISPO ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    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), Triburcio Perez, and Martin D. Rovenstine aka Marty Rovenstine. Plaintiffs’ first amended complaint (FAC) ...

  • ARTHUR PATTERSON III V. CITY OF PASO ROBLES

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Arthur Patterson III (“Plaintiff’) filed this action for negligence, dangerous condition of public property and public nuisance on January 16, 2019, against multiple defendants. The action arises out of an August 21, 2017 accident wherein Plaintiff was struck by a vehicle while riding...

  • ALLIANZ INSURANCE CO. V. ANGELICA CRUZ

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Allianz Insurance Company (“Plaintiff”) filed this subrogation action on September 27, 2016, against Angelica Estrada Cruz (“Cruz”) and Jorge Ocampo Palacios (“Palacios”). According to the complaint, Palacios was driving a vehicle owned by Cruz on August 22, 2015, when he rear- ended ...

  • MALGORZATA JOHNSON V. CHRISTINE ANN VENARDOS, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    On October 20, 2020, the Court signed the parties’ stipulation and order regarding the filing of Plaintiff’s second amended complaint. The second amended complaint filed June 29, 2020 is hereby stricken. The three motions to strike the second amended complaint, filed by Defendant Christie Ann Venardos, Def...

  • VADIM MIESEGAES V. WILLIAM AUSTIN, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On October 11, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Wendell Austin (“Austin”), Ellen Beraud (“Beraud”), and the Department of State Hospitals, Atascadero (“ASH”). The action concerns Plaintiff’s request to ASH personnel for a “preference diet” and his request ...

  • MIKE’S CIGARETTES, INC. V. UNITED SPECIALTY INSURANCE COMPANY

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Mike’s Cigarettes Inc. (“Plaintiff”) filed this action for breach of contract and tortious breach of the implied covenant of good faith and fair dealing against United Specialty Insurance Company (“Defendant”) on March 5, 2019. Defendant is Plaintiff’s insurer, and the action arises o...

  • AQUILLA CHASE, ET AL. V. H. BARCA CHASE, ET AL.

    Oct 27, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Brothers, Aquilla, Dan, Erich, and Malcolm Chase (“Plaintiffs”), initiated this litigation against Martha, Barca, Hester, Katherine, Rowan, and Tubuloq Chase (“Defendants”) on September 26, 2017. Plaintiffs and all defendants, except Rowan, are Martha’s children.1 Rowan is Martha’s st...

  • MARIO CLAMAR V. FCA US, LLC, ET AL.

    Oct 20, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Background.
    On May 10, 2019, Mario Clamar (Plaintiff) filed this action against Defendants FCA USA LLC (FCA) and MT Mullahey, Inc., doing business as Mullahey Chrysler Dodge Jeep Ram (Mullahey). Plaintiff’s complaint alleges causes of action for (1) breach of express warranty – v...

  • See More Results

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.