Tentative ruling issued by Judge Barry LaBarbera on Dec. 20, 2018 in San Luis Obispo County, CA - Case no: xxxxx316

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On December 20, 2018, Judge Barry LaBarbera of San Luis Obispo County Superior Court, Department 2, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) San Luis Obispo County, California. Hearing Date 12.20.2018.

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Plaintiff xxxxxxx xxxxxxxx (“Plaintiff”) filed this action on June 13, 2017, against Defendants Theresa Loumena (“Loumena”) and Dawna Davis (“Davis”). Loumena is Defendant’s daughter. Because Plaintiff has been determined to be a vexatious litigant, and because she is self- represented in this matter, she first sought and received Court approval to file her complaint.
Plaintiff’s complaint alleges four causes of action. The first cause of action for breach of contract is alleged against both Loumena and Davis.1 However, Plaintiff alleges separate claims for the two Defendants based on separate agreements. Plaintiff then alleges three causes of action against Loumena only, for assault, battery, and intentional infliction of emotional distress.
Loumena brings a Motion for Dismissal for Lack of Personal Jurisdiction and Improper Venue, and in the Alternative, Motion for Summary Judgment. Plaintiff opposes the motion.
As to Loumena’s alternative request for summary judgm….....

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