Excerpt: ...ion to strike portions of Plaintiff's complaint, is denied. Defendant shall file and serve his answer to the first amended complaint no later than February 12, 2024. Background: Plaintiff Jessica Naemi filed her original complaint on September 14, 2023, against Defendant Jaspal Padhal, setting forth causes of action for: (1) Quiet Title; (2) To Set Aside Fraudulent Transfer; (3) Conspiracy to Make Fraudulent Transfer; (4) Constructive Trust; (5) ...

Excerpt: ... violation of FEHA is overruled as to Zeb Albert. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is sustained with leave to amend as to Caroline Neufeld. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is overruled as to Trader Joe's Company. Defendants' demurrer to Plaintiff's tenth cause of action for emotional distress is sustained without leave to ame...

Excerpt: ...ari, Pietz & Shahriari, LLP For Defendant Sierra Property Group, Inc.: Ty S. Vanderford, Todd A. Picker, Guy Chezrony, Vanderford & Ruiz, LLP For Defendant Juergen U. Boehr: Gerald B. Velasco, Law Offices of Scott C Stratman TENTATIVE RULING: The motion of defendant Sierra Property Group, lnc„ to strike plaintiffs' demand for punitive damages is granted with leave to amend in accordance with this ruling. The following matters shall be stricken ...

Excerpt: ...sa Fassett, Jeremy Frankel PRICE, POSTEL & PARMA, LLP TENTATIVE RULING: The motion for summary adjudication is denied as to each cause of action: and the motion for summary judgment is therefore also denied. Background: Plaintiff, who was employed by Defendant as a landscaper/driver, alleges that he suffered an on- the-job injury to his knee; and that he was terminated at age 66 while still on medical leave for this injury. He asserts eight cause...

Excerpt: ...lass Kenneth P. Roberts / Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Devel...

Excerpt: ... on December 18, 2023, by the filing of the complaint for unlawful detainer by Lauri Bott ("Plaintiff") against Anissa Moritz ("Defendant"). The complaint alleges that defendant has been renting premises located at 922 Bath Unit 3, Santa Barbara, within the city limits of Santa Barbara, since June 5, 2020, pursuant to a written one-year lease, with monthly rent of $1,645.00. (Complaint, 3, 6.) The lease was amended on June 6, 2021, making the agr...

Excerpt: ...iff shall file a first amended complaint, if any, on or before January 30, 2024. Background: This action was commenced on December 1, 2023, by the filing of the complaint for unlawful detainer by Sierra Property Group, Inc. ("Plaintiff") against Teri Chavez ("Defendant"). The complaint alleges that defendant has been renting premises located at 818 Salsipuedes St., unit D, Santa Barbara, within the city limits of Santa Barbara, since February 18,...

Excerpt: ...l complaint in this action against defendants Ply Gem Pacific Windows Corporation (Ply Gem) and Homer T. Hayward Lumber Co. (Hayward) alleging six causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) product liability— design defect; (5) product liability—manufacturing defect; and (6) negligent misrepresentation. (Complaint, 8, Prod. L-4, Prod. L-5, Prod. L-6 & Attach...

Excerpt: ...le to attend a deposition. On or before January 31, 2024, plaintiff shall select a date for the deposition of defendant's person most qualified from the dates provided and notify defendant of that date. If defendant does not provide a date on which its person most qualified is available to attend a deposition by January 25, 2024, plaintiff may unilaterally select and notice a date for the deposition of defendant's person most qualified. The depos...

Excerpt: ...the University of California ("Regents"), Michael Little, and Greg Smorodinsky alleging causes of action for: (1) Harassment in Violation of FEHA; (2) Quid Pro Quo Sexual Harassment in Violation of FEHA; (3) Discrimination in Violation of FEHA; (4) Retaliation in Violation of FEHA; and (5) Violation of Labor Code secton 1102.5. As alleged in the complaint: Plaintiff was hired by Regents as a police officer in June 2015, following a panel review. ...

Excerpt: ...ted against her by eliminating her position after she repeatedly complained to management that Cottage's new Chief of Pediatrics, Dr. Kanard, was placing patents' safety at risk, and was deviating from the standard of care. Although Plaintiff was offered a position as a PA in robotics surgery, with the same pay and benefits, she asserts that this transfer was a demotion and an adverse employment action, and that it ruined her career and opportuni...

Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...

Excerpt: ...October 18, 2023, by the filing of the complaint by plaintiff Eric Phillips ("Phillips") against defendant Bruker Nano, Inc. ("Nano") alleging causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Violation of Government Code section 12940, subdivision (a); (3) Violation of Government Code section 12940, subdivision (m); (4) Violation of Government Code section 12940, subdivision (n); (5) Violation of Government Code s...

Excerpt: ...d herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or, in the alternative, summary adjudication, is denied. Background The first amended complaint ( AC) filed in this matter on August 24, 2022, by Plaintiff John Doe #3 (a pseudonym used for these litigation purposes) is the operative pleading. As alleged in the FAC: Plaintiff Doe was the victim of unlawful sexual assault, abuse, and other misconduct ...

Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...

Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...

Excerpt: ...ion of the first and second causes of action of the fourth amended cross-complaint of Signal Hill Service, Inc., and cross-complainant Carone Petroleum Corporation. Summary judgment is granted in favor of cross-defendant California State Lands Commission and against cross-complainant Carone Petroleum Corporation. In all other respects, the motion is denied. Background: Plaintiff State Lands Commission (Commission) and defendant Signal Hill Servic...

Excerpt: ...duction Nos. 104 and 105, and that such disobedience has had the effect of suppressing discoverable evidence. These findings will be considered by the court in determining appropriate jury instructions and in ruling on appropriate motons in limine at the time of trial. The court additonally grants monetary sanctions in fawr of plaintiff Vranish and against defendant Raytheon and its counsel, Gordon Rees Scully Mansukhani, LLP, jointly and several...

Excerpt: ...Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to...

Excerpt: .... (3) Plaintiffs shall file and serve their second amended complaint on or before January 19, 2024. Background: Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed a complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mit...

Excerpt: ...iffs shall file and serve their second amended complaint, in the form attached to plaintiffs' non- oppositions to the demurrer and motion to strike of Kone, on or before January 19, 2024. Background: Plaintiffs Benjamin Kenan (Benjamin) and India Kenan (India), by and through her guardian ad litem Benjamin (collectively, plaintiffs), filed a complaint for damages on March 25, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, ...

Excerpt: ...ty"]: Barbara A. Carroll; Callie Patton Kim Issue (1) Hearing on return on Remittitur; (2) County's request to lift the stay", (3) to dissolve the preliminary injunction; (4) to deny the Petition for writ of mandate and (5) to reconsider this Court's ruling on the 1st cause of action in the County's Cross-complaint. Rulings 1. The Court lifts the stay of the litigation in its entirety imposed on June 12, 2023. 2. The Court immediately dissolves t...

Excerpt: ...ocuments (Set One) as to Defendant Jaguar Land Rover North America, LLC ATTORNEYS: For Plaintiffs Gerardo Trujillo Morales and Luis Gerardo Morales: Kevi n Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, TENTATIVE RULING: Plaintiffs' motion to compel further resp...

Excerpt: ...C: Default taken TENTATIVE RULING: The motion of plaintiff Steve Schwab for terminating sanctions is granted. Defendant Christopher Bowen's answer is stricken, and default judgment shall be entered against defendant Christopher Bowen and in favor of plaintiff Steve Schwab. Counsel for plaintiff shall prepare the judgment. Background: On March 16, 2023, plaintiff Steve Schwab filed his complaint for breach of contract against defendants Christophe...

Excerpt: ...st dated May 29, 2019: Melissa Fassett and Jeff F. Tchakarov TENTATIVE RULING: 2. 3. 4. Defendants' demurrer to the ninth and fourteenth causes of action is sustained with leave to amend. Defendants' demurrer is overruled as to all other causes of action. Plaintiffs shall file and serve their first amended complaint no later than January 29, 2024. Plaintiffs shall not add any new causes of action without first obtaining permission of the court to...