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LOREN NAUTA V. SUSAN MURPHY

On May 29, 2019, Loren Nauta, through his conservator Greg Nauta (“Nauta”), filed this action against his former attorney, Susan Murphy (“Murphy”). The complaint sets forth causes of action for breach of contract and legal malpractice and arises out of Murphy’s representation of Nauta in connection with a pending foreclosure. On October 15, 2019,...

  • Hearing

    Jul 22, 2020

ADRIENNE KINGSLYN, ET AL. V. WINNEBAGO INDUSTRIES

Background. Plaintiffs Adrienne Kingslyn and Robert Kingslyn filed this lemon law action against Defendant Winnebago Industries, Inc. on July 6, 2018. Plaintiffs’ lawsuit arises out of their purchase of a 2017 Winnebago Vista (the RV) and an alleged liquid propane gas (LP) leak in the RV and alleged defective LP alarm. Plaintiffs’ complaint alleg...

  • Hearing

    Jul 15, 2020

ESTATE OF: RICHARD MALONEY

Petitioner, Foresight Legal Group, PC (“Foresight”) brings a motion for Order to Show Cause re: Contempt (“Motion”) against Richard Maloney, Jr. (“Mr. Maloney”). Foresight was the attorney of record for Mr. Maloney during the majority of the time that Mr. Maloney acted as personal representative of the estate of Richard Maloney, Sr. (“Decedent”)1. ...

  • Hearing

    Jul 15, 2020

VADIM MIESEGAES V. STEPHANIE CLENDENIN

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, 2019. On November 27, 2019, Plaintiff filed a d...

  • Hearing

    Jul 14, 2020

BLIZZARD ENERGY, INC. V. BERND SCHAEFERS

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 obtained after a jury trial in the Twentieth Jud...

  • Hearing

    Jul 14, 2020

STEVEN JONES V. GARY CONWAY, ET AL.

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) includes causes of action for (1) breach of contra...

  • Hearing

    Jul 14, 2020

R. MORGAN HOLLAND V. COUNTY OF SAN LUIS OBISPO

I. BACKGROUND In February 2018, SLO Cultivation, Inc. (“SLO Cultivation”) filed an application for a Conditional Use Permit (“CUP”) to establish a cannabis operation on a 75-acre site zoned for agricultural use in Nipomo. (AR 0879.) The proposed site already included a 5-acre commercial greenhouse used for cucumber cultivation, an avocado grove, ...

  • Hearing

    Jul 14, 2020

VADIM MIESEGAES V. PAMELA AHLIN, STEPHANIE CLENDENIN

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, 2019, Plaintiff filed a demurrer to the seve...

  • Hearing

    Jul 14, 2020

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

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 causes of action for Plaintiffs’ complaint incl...

  • Hearing

    Jul 14, 2020

VADIM MIESEGAES V. WILLIAM AUSTIN, ET AL.

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 request for a copy of the report which was cr...

  • Hearing

    Jul 14, 2020

JANE N.R. DOE, ET AL. V. LUCIA MAR UNIFIED SCHOOL DISTRICT, ET AL.

(18CV-0503, consolidated w. Jane V.L. Doe v. Lucia Mar Unified School District, et al., 19CV-0110) Hearing: Motion to Consolidate Background/Procedural History. There are currently three pending lawsuits in this Court, all which allege that Justin Magdaleno, a former wrestling coach and teacher at Nipomo High School (the High School), unlawfu...

  • Hearing

    Jul 09, 2020

PAUL RICHARD V. LADERA PLAZA, ET AL.

This negligence and premises liability action was filed on September 22, 2015, by Paul Richard (“Plaintiff”) against Ladera Plaza, LLC (“Ladera Plaza”) and Glenn Martin Company (“GMC”).1 Plaintiff contends that he suffered serious injury to his ankle when he fell into a hole while at work on property located in Arroyo Grande, owned by James Modder ...

  • Hearing

    Jul 09, 2020

HARRY SLOAN V. PEOPLES’ SELF-HELP HOUSING CORP., THE DUNCAN GROUP CORP.

Plaintiff Harry K. Sloan (“Plaintiff”) filed this action on October 17, 2018, against Defendants Peoples’ Self-Help Housing Corporation (“PSHHC”) and The Duncan Group Corporation (“TDG”) (collectively “Defendants”). Plaintiff filed this action on October 17, 2018, alleging three causes of action, for (1) Elder Abuse – Negligence; (2) Elder Abuse ...

  • Hearing

    Jul 09, 2020

PAUL COLLAGAN V. ASHLEA BOYER, ET AL.

Paul Collagan (“Plaintiff”) filed this personal injury action on January 29, 2019, against Ashlea and Michael Boyer (“Defendants”). The dispute arises out of a motor vehicle accident which occurred on June 28, 2018, on the Halcyon offramp of Highway 101. Defendants filed an answer to the complaint on October 7, 2019. Currently before the Court is...

  • Hearing

    Jul 08, 2020

BRETT SMITH V. KENNEDY MANAGEMENT SERVICES

Brett Smith, as an individual and on behalf of all others similarly situated (“Plaintiff”), filed this wage and hour action against Kennedy Management Services, Inc. (“Defendant”) on December 7, 2017. The matter was settled after the parties attended mediation; and the Court preliminarily approved the settlement in February 2020. Plaintiff has now ...

  • Hearing

    Jul 08, 2020

PAUL COLLAGAN V. ASHLEA BOYER, ET AL.

Paul Collagan (“Plaintiff”) filed this personal injury action on January 29, 2019, against Ashlea and Michael Boyer (“Defendants”). The dispute arises out of a motor vehicle accident which occurred on June 28, 2018, on the Halcyon offramp of Highway 101. Defendants filed an answer to the complaint on October 7, 2019. Currently before the Court is...

  • Hearing

    Jul 08, 2020

ROCELIA ALVAREZ V. KATHERINE ROSE MILLER

(2) Defendant’s Motion to Permit Second Independent Medical Examination Background. On April 27, 2017, Rocelia Alvarez (Plaintiff) filed a lawsuit against Katherine Rose Miller (Defendant). The action arises out of a May 3, 2015 accident where Plaintiff, a pedestrian, was struck by Defendant’s vehicle while crossing Santa Rosa Street in San Lui...

  • Hearing

    Jul 08, 2020

MARCELLA ANDERSON V. KENNETH GOLDBERG, DMD

Marcella Anderson (“Plaintiff”) filed this action on January 29, 2020, against Kenneth Goldberg, DMD (“Goldberg”), Coastal Oral Surgery & Dental Implant Center (“Coastal Oral”), and Keystone Dental (“Keystone”). The dispute concerns a defective dental implant. The complaint alleges causes of action for professional negligence and products liability...

  • Hearing

    Jul 08, 2020

KEITH FALERIOS V. AUSTIN FALERIOS

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

  • Hearing

    Jul 07, 2020

DENNIS BRADSHAW V. STEPHANIE TURNER

TENTATIVE RULING Hearing continued from June 23, 2020....

  • Hearing

    Jul 07, 2020

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

Motion to File Records Under Seal TENTATIVE RULING Background. Complaint. On June 3, 2019, Susan Hall and Anthony Hall (collectively Plaintiffs) 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 agr...

  • Hearing

    Jul 07, 2020

LISA HOGUE V. CHRISTOPHER HULBURD, M.D. ET AL.

TENTATIVE RULING This is a medical malpractice action. Lisa Hogue (Plaintiff) filed a lawsuit against Christopher Hulburd, M.D.; Pacific Eye Surgeons; and other Defendants who have since been dismissed. Plaintiff alleges that all Defendants failed to diagnose lattice degeneration in her eyes, which failure eventually led to a retinal tear and det...

  • Hearing

    Jul 07, 2020

AMC, LLC V. OCEANA FOODS

TENTATIVE RULING Currently before the Court is a petition filed by AMC, LLC (“Petitioner”) seeking to compel Oceana Foods, Inc., (“Respondent”) to arbitration. According to the verified petition, the parties entered into a written contract on November 5, 2018, and a supplemental written contract on April 16, 2019.1 The petition states the contrac...

  • Hearing

    Jul 07, 2020

HEADWAY CAPITAL, LLC V. SONJA LOCKSHAW

TENTATIVE RULING On August 9, 2019, Headway Capital, LLC (“Plaintiff”) filed this action alleging breach of contract and common counts against Sonja Lockshaw (“Lockshaw”) and Vintage Ranch Vineyard, LLC (collectively with Lockshaw, “Defendants”). The proofs of service on file show Defendants were personally served on August 23, 2019. Defendants d...

  • Hearing

    Jul 07, 2020

DAVID RADMACHER V. JOANN SALINAS

TENTATIVE RULING Background. The Complaint. 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. In his complaint, Plaintiff a...

  • Hearing

    Jul 02, 2020

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