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WILLIAM CARLYLE V. CAL FIRE, ET AL.

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...

  • Hearing

    Jan 19, 2021

WILLIAM CARLYLE V. CAL FIRE, ET AL.

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...

  • Hearing

    Jan 14, 2021

NATALIE NASSER V. MARGARITA ADVENTURES, LLC

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...

  • Hearing

    Jan 14, 2021

NATALIE NASSER V. MARGARITA ADVENTURES, LLC

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...

  • Hearing

    Jan 14, 2021

DUC NGUYEN V. MARK MAHAFFI

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...

  • Hearing

    Jan 14, 2021

B&D FARMS, INC. V. GINGER L. MANKINS, ET AL.

(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...

  • Hearing

    Jan 14, 2021

RICK A. MACHADO V. GINGER L. MANKINS, ET AL.

(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...

  • Hearing

    Jan 14, 2021

DREW B. GRUNDFOR V. ALLSTATE NORTHBROOK INDEMNITY COMPANY, ET AL.

(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...

  • Hearing

    Jan 14, 2021

EMMETT RUSHING, ET AL. V. MICHAEL RYAN, MD, ET AL.

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...

  • Hearing

    Jan 13, 2021

FORD MOTOR CREDIT COMPANY V. BENJAMIN BLISS

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...

  • Hearing

    Jan 13, 2021

COASTHILLS CREDIT UNION V. DANIEL RUEDA

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...

  • Hearing

    Jan 13, 2021

ZARA RIVAS V. COUNTY OF SANTA BARBARA, ET AL.

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...

  • Hearing

    Jan 12, 2021

MABRY V. BOLIVAR

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...

  • Hearing

    Jan 12, 2021

TOM FOWLER V. ROBERT CHAMPION, ET AL.

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...

  • Hearing

    Jan 12, 2021

PACHO LIMITED PARTNERSHIP, ET AL. V. EUREKA ENERGY COMPANY

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...

  • Hearing

    Jan 07, 2021

MARSH HIGUERA MIXED USE, LLC ET AL. V. JOHN W. BELSHER, ET AL.

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...

  • Hearing

    Jan 07, 2021

BETTY LONG, ET AL. V. ALEX GEIGER, ET AL.

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 ...

  • Hearing

    Jan 07, 2021

BETTY LONG, ET AL. V. CITY OF EXETER, ET AL.

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 ...

  • Hearing

    Jan 07, 2021

STATE FARM MUTUAL AUTOMOBILE INS. CO. V. ERIN CAMERON

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. ...

  • Hearing

    Jan 06, 2021

STEPHANIE PATTERSON V. JULIA OGDEN, ET AL.

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...

  • Hearing

    Jan 06, 2021

HECTOR MONTOYA V. KINGS OIL TOOLS, INC.

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...

  • Hearing

    Jan 05, 2021

B&D FARMS, INC. V. GINGER L. MANKINS, ET AL.

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...

  • Hearing

    Dec 31, 2020

WESCO INSURANCE COMPANY V. JENNETTE HALL

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...

  • Hearing

    Dec 31, 2020

ACTION PROFESSIONAL V. GARCIA

TENTATIVE RULING Tentative will be distributed to the parties by email at the time of the hearing....

  • Hearing

    Dec 22, 2020

SHARON BOYD V. PAUL HANNA

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...

  • Hearing

    Dec 22, 2020

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