The Honorable Linda D. Hurst

San Luis Obispo Superior Court, Department P-2

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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

  • HARVEY HUNT AND GWENDOLYN M. HUNT, ET AL. V. MARTY R. ELISARRARAS, ET AL

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On August 6, 2017, Harvey C. Hunt and Gwendolyn M. Hunt, Trustees of the H&G Hunt Trust dated 9/27/1996 (Plaintiffs) filed this complaint against Marty and Sheila Elisarraras and Gilbert Arebalo (Plaintiffs) to foreclose on certain deeds of trust Plaintiffs recorded against real prope...

  • TIMOTHY FRANKLIN V. KENNETH FRANKLIN

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Timothy Franklin and Kirsal Kay Franklin (collectively “Plaintiffs”) and Central Coast Investments LLC filed this action for breach of contract—specific performance and declaratory relief against Cinthia Franklin, Kenneth Franklin (collectively “Defendants”) and Bank of America, N.A. ...

  • CVS AG, LLC V. VIEIRA

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    CVS AG, LLC (“Judgment Creditor”) obtained a default judgment on its breach of contract action against Christy Vieira, individually and dba Vieira Farms, and Josh Vieira, individually and dba Vieira Farms (“Judgment Debtors”) on February 10, 2020. Notice of Entry of Judgment was serve...

  • WISEGUYS 805 INC. V. MARISSA TODD, ET AL.

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Wiseguys 805, Inc. (Plaintiff) filed this action against Marissa Todd (Todd) in December 2018. Todd then filed a cross-complaint against Plaintiff and William Holmes (Holmes). The dispute arises out of remodeling work Plaintiff performed at Todd’s home. Plaintiff alleges amounts owing...

  • BENJAMIN C. SCHIEBEL V. DAVID C. SOMMERVILLE

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On July 31, 2019, Plaintiff Benjamin Schiebel filed this personal injury action against Defendant David Sommerville, individually and as trustee of the Sommerville Family Trust (the Trust). The first amended complaint (FAC) alleges that on August 17, 2017, Plaintiff was a guest in Def...

  • JACOBSON V. HANSEN

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On the Court’s own motion, given the illness of Attorney Cuttone, the motion and trial setting conference are continued from August 4, 2020 to August 25, 2020 at 9:00 a.m. in P2 by Zoom. Same call in instructions. Briefing is considered closed.

    ...

  • CECILIO CRUZ CARRILLO V. SAN MIGUEL EQUINE VETERINARY SERVICES

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Cecilio Cruz Carrillo and Jorge Padilla (“Plaintiffs”) filed this action on April 2, 2018, against their former employer, San Miguel Equine Veterinary Services Incorporated (“Defendant”), alleging Plaintiffs were owed unpaid wages, premium wages, Labor Code penalties, interest and att...

  • QUINN V. COUNTY OF SAN LUIS OBISPO

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Maureen Quinn (“Plaintiff”) filed this action on March 4, 2020 against the County of San Luis Obispo (the “County”). The County believed there were deficiencies in Plaintiff’s complaint, and the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, ...

  • RABBIT RIDGE WINE SALES, INC. ET AL. V. UNIGARD INSURANCE COMPANY, ET AL.

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Background.
    On April 3, 2019, Plaintiffs Rabbit Ridge Wine Sales, Inc., Erich Russell, and Joanne Russell filed a complaint against Defendants Unigard Insurance Company (Unigard) and Relation Insurance Services of Central California, Inc. (Relation). Plaintiffs’ first amended com...

  • JUAN MORENO V. SHANE GLENNON, ET AL.

    Aug 04, 2020 |  San Luis Obispo County

    Motion for Order Establishing Admissions
    TENTATIVE RULING
    Juan Moreno (“Plaintiff”) filed this personal injury action against Shane Glennon (“Glennon”) on May 21, 2019. Plaintiff filed a first amended complaint on June 10, 2019, adding EAN Holdings, LLC and Enterprise Rent-a-Car Company of San Fr...

  • SANDRA BONESO V. 1238 CAMINO DE ROBLE DRIVE

    Jul 23, 2020 |  San Luis Obispo County

    Sandra Boneso, dba Camino Del Roble Senior Living (“Petitioner”), filed this verified Petition for Judgment of Abandonment, for Past Due Rent, Related Charges, and for Attorney’s Fees and Costs pursuant to Civil Code section 798.61, on February 7, 2020. Petitioner owns and operates the Camino Del Roble Sen...

  • TERRY SAUNDERS, ET AL. V. WOODARD, INC., ET AL.

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On June 15, 2020, the parties filed a stipulation stating they had reached a global settlement.1 The parties requested that the Court set an OSC re Dismissal for today’s date and agreed to use their best efforts to conclude the matter before July 15, 2020. The parties’ stipulation als...

  • G. WIEMANN CONSTRUCTION, INC. V. BANK OF THE SIERRA, ET AL.

    Jul 21, 2020 |  San Luis Obispo County

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

  • JUDITH LOCKE V. DENNIS MASSIE

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    The Court has reviewed the motion of Mr. Devitt to be relieved as counsel for Mr. Massie. There is proper notice and no opposition. The motion is granted.

    ...

  • ACTION PROFESSIONALS INC. V. HARRY ALLISON

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    The tentative ruling will be available at the hearing and can be sent to any party that appears.

    ...

  • G. WIEMANN CONSTRUCTION, INC. V. JOY WILDE, ET AL.

    Jul 21, 2020 |  San Luis Obispo County

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

  • BLIZZARD ENERGY, INC. V. BERND SCHAEFERS

    Jul 14, 2020 |  San Luis Obispo County

    Background
    On October 3, 2017, this Court entered a sister state judgment in favor of plaintiff/judgment creditor Blizzard Energy, Inc. (“Blizzard”) against defendant/judgment debtor Bernd Schaefers (“Schaefers”) in the amount of $3,825,000, plus interest and costs, pursuant to a judgment for fraud ob...

  • VADIM MIESEGAES V. STEPHANIE CLENDENIN

    Jul 14, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin in her capacity as director of the Department of State Hospitals (the “DSH”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 201...

  • STEVEN JONES V. GARY CONWAY, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On January 31, 2020, Steven Jones dba Jones Wine Consulting (Plaintiff) filed a lawsuit against Gareth Monello Carmody, aka Gary Conway; Chimney Rock Vineyards dba Carmody McKnight Estate Wines; and Natural Wine Company, LLC (Defendants). Plaintiff’s first amended complaint (FAC) incl...

  • RABBIT RIDGE WINE SALES, INC. ET AL. V. UNIGARD INSURANCE COMPANY, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    Background.
    On April 3, 2019, Plaintiffs Rabbit Ridge Wine Sales, Inc., Erich Russell, and Joanne Russell filed a complaint against Defendants Unigard Insurance Company (Unigard) and Relation Insurance Services of Central California, Inc. (Relation). Plaintiffs’ first amended complaint (FAC) alleges c...

  • VADIM MIESEGAES V. PAMELA AHLIN, STEPHANIE CLENDENIN

    Jul 14, 2020 |  San Luis Obispo County

    On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin in her capacity as director of the Department of State Hospitals (the “DSH”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019.
    On November 27...

  • VADIM MIESEGAES V. WILLIAM AUSTIN, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    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”; collectively, “Defendants”). The action concerns Plaintiff’s request to ASH personnel for a “preference diet” and his re...

  • KEITH FALERIOS V. AUSTIN FALERIOS

    Jul 07, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Court’s consideration of Default Judgment will go forward on July 7, 2020.

    ...

  • DENNIS BRADSHAW V. STEPHANIE TURNER

    Jul 07, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Hearing continued from June 23, 2020.

    ...

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Recent Rulings by Hon. Linda D. Hurst

  • HARVEY HUNT AND GWENDOLYN M. HUNT, ET AL. V. MARTY R. ELISARRARAS, ET AL

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On August 6, 2017, Harvey C. Hunt and Gwendolyn M. Hunt, Trustees of the H&G Hunt Trust dated 9/27/1996 (Plaintiffs) filed this complaint against Marty and Sheila Elisarraras and Gilbert Arebalo (Plaintiffs) to foreclose on certain deeds of trust Plaintiffs recorded against real prope...

  • TIMOTHY FRANKLIN V. KENNETH FRANKLIN

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Timothy Franklin and Kirsal Kay Franklin (collectively “Plaintiffs”) and Central Coast Investments LLC filed this action for breach of contract—specific performance and declaratory relief against Cinthia Franklin, Kenneth Franklin (collectively “Defendants”) and Bank of America, N.A. ...

  • CVS AG, LLC V. VIEIRA

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    CVS AG, LLC (“Judgment Creditor”) obtained a default judgment on its breach of contract action against Christy Vieira, individually and dba Vieira Farms, and Josh Vieira, individually and dba Vieira Farms (“Judgment Debtors”) on February 10, 2020. Notice of Entry of Judgment was serve...

  • WISEGUYS 805 INC. V. MARISSA TODD, ET AL.

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Wiseguys 805, Inc. (Plaintiff) filed this action against Marissa Todd (Todd) in December 2018. Todd then filed a cross-complaint against Plaintiff and William Holmes (Holmes). The dispute arises out of remodeling work Plaintiff performed at Todd’s home. Plaintiff alleges amounts owing...

  • BENJAMIN C. SCHIEBEL V. DAVID C. SOMMERVILLE

    Aug 11, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On July 31, 2019, Plaintiff Benjamin Schiebel filed this personal injury action against Defendant David Sommerville, individually and as trustee of the Sommerville Family Trust (the Trust). The first amended complaint (FAC) alleges that on August 17, 2017, Plaintiff was a guest in Def...

  • JACOBSON V. HANSEN

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On the Court’s own motion, given the illness of Attorney Cuttone, the motion and trial setting conference are continued from August 4, 2020 to August 25, 2020 at 9:00 a.m. in P2 by Zoom. Same call in instructions. Briefing is considered closed.

    ...

  • CECILIO CRUZ CARRILLO V. SAN MIGUEL EQUINE VETERINARY SERVICES

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Cecilio Cruz Carrillo and Jorge Padilla (“Plaintiffs”) filed this action on April 2, 2018, against their former employer, San Miguel Equine Veterinary Services Incorporated (“Defendant”), alleging Plaintiffs were owed unpaid wages, premium wages, Labor Code penalties, interest and att...

  • QUINN V. COUNTY OF SAN LUIS OBISPO

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Maureen Quinn (“Plaintiff”) filed this action on March 4, 2020 against the County of San Luis Obispo (the “County”). The County believed there were deficiencies in Plaintiff’s complaint, and the parties met and conferred. Plaintiff filed a First Amended Complaint, and then on June 5, ...

  • RABBIT RIDGE WINE SALES, INC. ET AL. V. UNIGARD INSURANCE COMPANY, ET AL.

    Aug 04, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Background.
    On April 3, 2019, Plaintiffs Rabbit Ridge Wine Sales, Inc., Erich Russell, and Joanne Russell filed a complaint against Defendants Unigard Insurance Company (Unigard) and Relation Insurance Services of Central California, Inc. (Relation). Plaintiffs’ first amended com...

  • JUAN MORENO V. SHANE GLENNON, ET AL.

    Aug 04, 2020 |  San Luis Obispo County

    Motion for Order Establishing Admissions
    TENTATIVE RULING
    Juan Moreno (“Plaintiff”) filed this personal injury action against Shane Glennon (“Glennon”) on May 21, 2019. Plaintiff filed a first amended complaint on June 10, 2019, adding EAN Holdings, LLC and Enterprise Rent-a-Car Company of San Fr...

  • SANDRA BONESO V. 1238 CAMINO DE ROBLE DRIVE

    Jul 23, 2020 |  San Luis Obispo County

    Sandra Boneso, dba Camino Del Roble Senior Living (“Petitioner”), filed this verified Petition for Judgment of Abandonment, for Past Due Rent, Related Charges, and for Attorney’s Fees and Costs pursuant to Civil Code section 798.61, on February 7, 2020. Petitioner owns and operates the Camino Del Roble Sen...

  • TERRY SAUNDERS, ET AL. V. WOODARD, INC., ET AL.

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On June 15, 2020, the parties filed a stipulation stating they had reached a global settlement.1 The parties requested that the Court set an OSC re Dismissal for today’s date and agreed to use their best efforts to conclude the matter before July 15, 2020. The parties’ stipulation als...

  • G. WIEMANN CONSTRUCTION, INC. V. BANK OF THE SIERRA, ET AL.

    Jul 21, 2020 |  San Luis Obispo County

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

  • JUDITH LOCKE V. DENNIS MASSIE

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    The Court has reviewed the motion of Mr. Devitt to be relieved as counsel for Mr. Massie. There is proper notice and no opposition. The motion is granted.

    ...

  • ACTION PROFESSIONALS INC. V. HARRY ALLISON

    Jul 21, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    The tentative ruling will be available at the hearing and can be sent to any party that appears.

    ...

  • G. WIEMANN CONSTRUCTION, INC. V. JOY WILDE, ET AL.

    Jul 21, 2020 |  San Luis Obispo County

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

  • BLIZZARD ENERGY, INC. V. BERND SCHAEFERS

    Jul 14, 2020 |  San Luis Obispo County

    Background
    On October 3, 2017, this Court entered a sister state judgment in favor of plaintiff/judgment creditor Blizzard Energy, Inc. (“Blizzard”) against defendant/judgment debtor Bernd Schaefers (“Schaefers”) in the amount of $3,825,000, plus interest and costs, pursuant to a judgment for fraud ob...

  • VADIM MIESEGAES V. STEPHANIE CLENDENIN

    Jul 14, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin in her capacity as director of the Department of State Hospitals (the “DSH”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 201...

  • STEVEN JONES V. GARY CONWAY, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    On January 31, 2020, Steven Jones dba Jones Wine Consulting (Plaintiff) filed a lawsuit against Gareth Monello Carmody, aka Gary Conway; Chimney Rock Vineyards dba Carmody McKnight Estate Wines; and Natural Wine Company, LLC (Defendants). Plaintiff’s first amended complaint (FAC) incl...

  • RABBIT RIDGE WINE SALES, INC. ET AL. V. UNIGARD INSURANCE COMPANY, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    Background.
    On April 3, 2019, Plaintiffs Rabbit Ridge Wine Sales, Inc., Erich Russell, and Joanne Russell filed a complaint against Defendants Unigard Insurance Company (Unigard) and Relation Insurance Services of Central California, Inc. (Relation). Plaintiffs’ first amended complaint (FAC) alleges c...

  • VADIM MIESEGAES V. PAMELA AHLIN, STEPHANIE CLENDENIN

    Jul 14, 2020 |  San Luis Obispo County

    On November 27, 2019, Vadim Miesegaes (“Plaintiff”) filed this action against Stephanie Cledenin in her capacity as director of the Department of State Hospitals (the “DSH”). Plaintiff filed an amended complaint on August 19, 2019, to which Defendant filed an answer on November 8, 2019.
    On November 27...

  • VADIM MIESEGAES V. WILLIAM AUSTIN, ET AL.

    Jul 14, 2020 |  San Luis Obispo County

    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”; collectively, “Defendants”). The action concerns Plaintiff’s request to ASH personnel for a “preference diet” and his re...

  • KEITH FALERIOS V. AUSTIN FALERIOS

    Jul 07, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Court’s consideration of Default Judgment will go forward on July 7, 2020.

    ...

  • DENNIS BRADSHAW V. STEPHANIE TURNER

    Jul 07, 2020 |  San Luis Obispo County

    TENTATIVE RULING
    Hearing continued from June 23, 2020.

    ...

  • See More Results

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