Excerpt: ...a im s ATTO RN EYS : Fo r P la in t iff Ta lia Ke e lin g : Piya Mukherjee, Nicholas J. De Blouw For Defenda nt Vict oria 's Secret St ores, LLC. : Jennifer F. D e la r o s a , P h illip J . Es ke n a zi TEN TATIVE RU LIN G : Defendants' Motion to Compel Individual Arbitration is granted. Th e representative PAGA claims are ordered stayed pending the completion of arbitration. Background: This action commenced on December 19, 2023, by plaintiff T...

Excerpt: ...presented TEN TATIVE RU LIN G : The motion for summary judgment of plaintiff Anatega Partners, LLC, is denied. Background: Plaintiff Anatega Partners, LLC (APL), filed this unlawful detainer action against defendant Peter Lance (Lance) on February 28, 2024. As alleged in the complaint, APL and Lance entered into a fixed -term lease on February 6, 2020, for premises owned by pla intiff and located at 112 East Ortega Street, Unit #207, within the c...

Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...

Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...

Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...

Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...

Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...

Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...

Excerpt: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...

Excerpt: ...al Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (3) Motion To Compel Further Responses To Form Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (4) Motion To Compel Further Responses To Requests For Production Of Documents, Set One, and Request For Sanctions Against Defendant ATTO RN EYS : For Plaintiff Renee Yancheck: Bradley S. Wallace, Thomas R. Burns...

Excerpt: ...ven Lopez : Mark Cardona, Legal Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The demurrer of defendants to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file and serve any first amended complaint on or before April 22, 2024. Background : On January 19, 2024, plaintiff Leticia Castillo filed a complaint for unlawful detainer against defendants Natalie Aguirre and Deven Lopez (collectively, defendants). As ...

Excerpt: ...Calendar at 8:30am and the Law & Motion Calendar at 10:00am. Both matters will be called at 8:30am. The Demurrer: For the reasons set forth herein, Defendant's demurrer to P la in t if f 's f ir s t a m e n d e d c o m p la in t is s u s t a in e d w it h le a ve t o a m e n d . P la in t if f shall file and serve his second amended complaint no later than May 1, 2024. The CMC: The CMC is continued to July 10, 2024, at 8:30am Ba c kgr o u n d Thi...

Excerpt: ...g h t G a b le r H e a r in g : Plaintiff's Second Renewed Motion To Approve Settlement Agreement and Release Of PAGA Claims Pursuant To Labor Code Section 2698 et seq. R U LI N G For all reasons discussed herein, the second renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is granted. Ba c kgr o u n d O n Fe b r u a r y 2 5 , 2 0 2 2 , P la in t if f J o s e f in a ...

Excerpt: ... and served on 4/5/24 _ The reply was filed and served on 4/8 The Court has read and considered a total ofabout 180 pages submitted _ RUIINGSU-J 1. The Motion to Compel: For the reasons set out below the Motion To Compel is DENIED. 2. Ihe The Court has read and considered these documents; as for Plaintiffs report that the deposition ofMs. Gonzalez and completing the deposition of Detective Harrison are necessary for Plaintiff to be adequately pre...

Excerpt: ...meron Issue Defendant Art's Motion to Continue the Trial Date [and related dates]. R U LI N G 1 . Th e M o t io n is a GRAN TED . 2. The Current Trial Date of July 31, 2024 is continued 120+ days to December 4, 2024 at 11:30am. 3. The Current MSC Date of 7/ 12 is continued to 10/ 25/ 24 at 8:30am in Department #5. 4. The Current final CMC set for 5/ 1 is continued to 9/ 11/ 24 at 8:30am in this Department. 5. All trial related cutoff dates are no...

Excerpt: ...endant's person most knowledgeable shall take place no later than May 10, 2024. 2. Unless otherwise mutually agreed, the depositions shall occur in person. 3. Unless otherwise mutually agreed, the depositions shall take place in Santa Barbara at a location chosen by plaintiff. 4. Counsel for both parties are ordered to meet and confer - prior to the hearing on 4/ 10 - and with these guidelines in mind, agree on the deposition schedule. 5. Counsel...

Excerpt: ...& Martin for plaintiffs R. Sc o t t Turicchi and Lannette C. Turicchi Randy Quaid and Evgenia Quaid are currently in pro per TEN TATIVE RULIN G : For the reasons articulated below, the Court will strike the special motion to strike, based upon its extraordinary untimeliness, finding that it would be an abuse of the Court's discretion to hearing the motion on its merits under the circumst ance s which are present in this case. Background : This ac...

Excerpt: ...r Pla int iff Employers Assura nce Co m p a n y : Tim o t h y Ca r l Air e s For Defendant Santa Barbara Shellfish Co m p a n y : No appearance For Defendant Death Star, LLC : No appearance TEN TATIVE RULIN G : P la in t if f 's m o t io n is d e n ie d . Background: This action was commenced on August 4, 2023, by the filing of the complaint by plaintiff Employers Assurance Company (“EAC”) against defendants Santa Barbara S h e llf is h C o ....

Excerpt: ...n d a n t is d e n ie d as to the ninth cause of action alleged in plaintiff's complaint. (2) For all reasons discussed herein, the motion of plaintiff to seal the declaration of Alexander Alobeydi is granted. The declaration of Alexander Alobeydi lodged conditionally under seal on February 20, 2024, is ordered filed under seal. No ot he r court records or records relating to the case are to be sealed at this stage of the proceedings. Only the co...

Excerpt: ...or assault, battery, in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s , a n d n e g lig e n c e . As alleged in the complaint: On May 19, 2022, at 20 Winchester Canyon Road, Goleta, plaintiff was approached by defendant, who is taller and heavier than plaintiff, wherein an argument ensued, and defendant picked plaintiff up and dropped him to the floor causing injuries. (Complaint, ¶ 4.) Defendant was served with the summon...

Excerpt: ... as the status of the District Court case, no later than April 17, 2024. 3. P la in t if f s h a ll p r o v id e n o t ic e o f t h is r u lin g t o a ll p a r t ie s . Background: Th is a c t io n c o m m e n c e d o n J u ly 3 , 2 0 1 8 , b y t h e f ilin g o f t h e o r ig in a l c o m p la in t b y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does ...

Excerpt: ... . Th e action is ordered stayed pending the completion of arbitration. Ba c kgr o u n d This action commenced on August 4, 2023, by the filing of the complaint by Plaintiff Katie Carpenter against Defendants Kathy Mora, Assad Mora, and The Assad and Kathy Mora Trust. The complaint alleges two causes of action as f o llo w s : (1 ) N e g lig e n c e , a n d ( 2) Fraud and Deceit: Fraudulent Concealment; Negligent and Intentional Misrepresentation...

Excerpt: ...e Law Group, APC R U LI N G For all reasons discussed herein, the motion of Plaintiff to compel the deposition of the person most knowledgeable for Defendant is granted, in part. The deposition of Defendant's person most knowledgeable shall commence on April 12, 2024, unless the part ies otherwise agree in writing. Except as otherwise herein granted, the motion is denied. The Court will not continue the trial date. Ba c kgr o u n d O n Ap r il 6 ...

Excerpt: ...oca-Cola Bottling, LLC and Garfield Beach CVS LLC: Traci S. Lagasse and Austin R. Wallick R U LI N G For the reasons set forth herein each of Defendants' motions for summary judgment or in the alternative summary adjudication are denied. Ba c kgr o u n d This action commenced on July 27, 2022, by the filing of the complaint by Plaintiff Robin Kimball against Defendant Garfield Beach CVS, LLC, erroneously sued as CVS Pharmacy, Inc. (“GBCVS”), ...

Excerpt: ... Trust, and Linda G. Clough, trustee of the Li n d a G . Clough Trust : Timothy J. Trager, Reicker, Pfau, Pyle & McRoy LLP R U LI N G For the reasons set forth herein, the motion of Defendants for summary adjudication is denied. Ba c kgr o u n d (1 ) Allegations of the Complaint As a lle g e d in t h e c o m p la in t o f P la in t if f s Alla n G a g e O ls o n a n d D a n ie l A. O ls o n (t h e Olsons), co-trustees of the Olson Family Trust da...

Excerpt: .... shall revise the proposed order to reflect that the application for determination of good faith settlement was challenged. Background: Th is a c t io n c o m m e n c e d o n M a y 2 , 2 0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Construction Company (�...

Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...

Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...

Excerpt: ...ee motions to compel that had been partially addressed previously and were continued for a further meet and confer. These motions were originally set for hearing on March 20. The Court tentatively set them for April 3 when other motions were c alendared; counsel objected and asked that they be addressed on March 20; the Court accommodated counsel and set them for March 27. Motions to: (1 ) Compel Further Deposition of Sansum Clinic's PMQ. (2) Qua...

Excerpt: ...mmary judgment is denied. Ba c kgr o u n d O n Ap r il 6 , 2 0 2 3 , p la in t if f Ty le r P o w e ll f ile d a c o m p la in t f o r v io la t io n o f s t a t u t o r y obligations against defendant General Motors LLC (GM) alleging five causes of action: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdiv is io n (b ) Civ il Co d e s e c t io n 1 7 9 3 .2 ; (3 ) v io la t io n o f s u b d iv is io n (a )(3 ) ...

Excerpt: ... e r a li SP A UK Branch, Ce rt ain Unde rwrite rs at Lloyd's and London Market Companies, Great Lakes Reinsurance (UK), Lloyd's Un de rwrite r Syndicate, Sompo Canopius dba Canopius Underwriting Agency Inc., Westport Insurance Corporat ion, Zurich Insurance PLC UK Branch, and Chubb Insurance Company of Canada: Ro n H . Burnovski, Charles W. Deutsch, Sava Alexander Vojcanin For Defendant Liberty Mutual Fire Insurance Company: Nicholas J. Boos. R ...

Excerpt: ...red on January 5, 2024, and the default judgment by court entered on January 26, 2024, are vacated and set aside. Background: Plaintiff Ismael Beserra filed his original complaint against defendant Daniel Stehno on June 5, 2023. On July 21, 2023, defendant filed a demurrer to the complaint filed by plaintiff, setting the hearing on the demurrer for August 28, 2023. Plaintiff filed a first amended complaint (the FAC) on August 21, 2023. On August ...

Excerpt: ... : Robert S. Kennard and Daniel Soo For Defendant Daniel B. Sperling : No Appearance TENTATIVE RULING : Plaintiff Bank of America N.A.'s motion for order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on September 27, 2019, by the filing of the complaint by plaintiff Bank of America, N.A. (“BofA”) against defendant Daniel B. Sperling (“defendan...

Excerpt: ...kground: This action commenced on January 7, 2022, by the filing of an unlawful detainer complaint by plaintiff Raymond Briare (“plaintiff”) against his son, defendant Timothy Briare (“defendant”). By way of the original complaint, plaintiff alleges that defendant resides at premises located at 7149 Armstrong Rd., Goleta. (Complaint, ¶¶ 1 -3.) On October 1, 2019, defendant agreed to rent the premises on a month- to-month tenancy, for $0...

Excerpt: ... 2024 HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EY...

Excerpt: ...HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EYS : Fo...

Excerpt: ...RN EYS : For Pla int iff Ferna ndo Ca st ro -Ra m ir e z : Nancy Zhang, Corinna Jiang, Consumer Law Experts, PC For Defendant General Mot ors, LLC : Mary Are ns McBride , Ryan Kay, Erskine Law Gr o u p , P C TEN TATIVE RULIN G : (1) For all reasons discussed herein, the motion of plaintiff to compel further responses and documents to plaintiff's request for production of documents, set o n e , is d e n ie d w it h o u t p r e ju d ic e . (2) Plai...

Excerpt: ...r Seal 2. Nina Johnson's Motion to File Records Under Seal 3. City Of Santa Barbara's Motion for Judgment on the P le a d in g s ATTO RN EYS : Fo r P la in t iff Nin a J o h n s o n : Christina A. Humphrey, Robert N. Fis h e r , Ch r is t in a H u m p h r e y La w , P .C. For Defendant City of Santa Barbara: Sa ra h J. Kn e c h t , To m R. Shapiro, John S. Doimas, Office of the City Attorney TEN TATIVE RULIN G : For all reasons discussed herein: ...

Excerpt: ...ff County of Santa Barbara: Rachel Van Mullem, Daniel Lopez For Defendant American Surety Company: John M. Ro r a b a u g h TEN TATIVE RULIN G : American Surety Company's motion to vacate summary judgment, reinstate, and exonerate bail bond is denied. Background: On July 16, 2021, in criminal case No. 21CR05624, defendant American Surety Company (“ASC”) posted bond number AS100 -161926, in the amount of $100,000.00, for the release of crimina...

Excerpt: ...ndant Jose Cervantes' motion for order of d is m is s a l is d e n ie d . Ba c kgr o u n d This action commenced on November 2, 2023, by the filing of the complaint by Plaintiff Velocity Investments, LLC (“Velocity”) against Defendant Jose Cervantes for breach of contract and open book account. Velocity alleges that Cervantes took out a credit a ccount from Cross River Bank and failed to make payments as agreed. Velocity bought the debt and a...

Excerpt: ...Sure Manageme nt t o Plaint iff's complaint is overrule d. (2) For all reasons discussed herein, the motion of Defendant Sure Oil & Chemical Corp. dba Sure Management to strike portions of Plaintiff's complaint is d e n ie d . (3) Defendant shall file and serve its answer to Plaintiff's complaint on or before April 2, 2024. Ba c kgr o u n d On December 6, 2023, Plaintiff Soukeyna M. Gresham -Moore filed a complaint against Defendants Sure Oil & C...

Excerpt: ...n C. Von Dollen , individually and dba De lw ic h e & Vo n Do lle n : Michael McCarthy, Kenny C. Brooks, Nemecek & Cole TEN TATIVE RULIN G : The motion of defendant Steven C. Von Dollen, individually and dba Delwiche & Von Dollen for summary judgment is denied. Background: In their operative pleading, the first amended complaint (FAC), plaintiffs Joseph Bo h n e t t a n d Sa n d y Bo h n e t t (c o lle c t iv e ly , p la in t if f s ) a lle g e :...

Excerpt: ...nted For Defendant Fiore Management, Inc. : Fre de rick W arre n Strasser, FW Strasser Associates LLC TEN TATIVE RULIN G : (1 ) For the reasons set forth herein, the hearing on the motion of counsel for defendant Fiore Management, Inc., attorney Frederick Warren Strasser, is continued to April 26, 2024. Attorney Strasser shall serve the moving papers together with this ru ling continuing the hearing on Fiore Management on or before April 5, 2024,...

Excerpt: ...n ad litem Julia E. Briscoe a nd Julia E. Briscoe: J u lia E. Br is c o e For Defendants Tracie Simolon and the Archdiocese of Los Angeles Education & Welfa re Corpora t ion : Fre d Grannis TEN TATIVE RULIN G : (1) For all reasons discussed herein, the demurrer of defendants to plaintiffs' complaint is sustained, in part and with leave to amend as to the second, third, fourth, and fifth causes of action alleged in the complaint and titled as, re ...

Excerpt: ...en, and Milden, LLC : Bert H. Deixler, P a t r ic k J . So m e r s , D a v id T. Fr e e n o c k, Ke n d a ll Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons discussed herein, the motion of Defendants for judgment on the pleadings is denied. The Court on its own motion strikes the words “sixteenth cause of action” from page 32, line 10 of the first amended complaint as improper mat t e r ...

Excerpt: ... Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons set forth herein, the motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, for judgment on the pleadings is granted, with leave to amend, as to the second through ninth causes of action of the first amended complaint and is den ie d a s t o t h e f ir s t c a u s e o f a c t io n . P la in t if f Bu i Sim o n s h a ll file and ser...

Excerpt: ...l La w y e r s For De fe nda nt Aysh a Da vis : Christ ophe r P. W e sie rski, Kat hryn J. Harve y, W e sie rski & Z u r e k LLP For Opposing Nonpart y Wawanesa General Insurance Company : Peter H. Klee, Thomas R. Proctor, Sheppard, Mullin, Richter & Hampton LLP TEN TATIVE RU LIN G : The motion of plaintiffs to transfer and consolidate is denied without prejudice. Background: Th is a c t io n a r is e s f r o m a m o t o r v e h ic le c o llis io...

Excerpt: ... int iff Cody Pa rker: Jonathan Melmed, Megan E. Ross, Hannah Becker, Melmed Law Group P.C. For Defendant The Clary Group, L.L.C. : Douglas J. Farmer, Allison J. Fernandez, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant JBS Energy Solutions California LLC: David D. Cardone, Bradley A. Lebow, Adam J. Yarbrough, Dunn DeSantis Walt & Kendrick TEN TATIVE RU LIN G : Plaintiff's motion for an order granting preliminary approval of class a...

Excerpt: ...ss -Complainants Viranda Singh, Rehanna Singh, and The V. Singh Family Living Trust, UTD, 1 1 / 2 9 / 2 0 0 4 : Robert L. Sco t t TEN TATIVE RU LIN G: Plaintiff and cross -defendant Jason Leggitt's anti -SLAPP motion is granted as to the sixth cause of action contained in the Singh's cross -c o m p la in t f o r interference with prospective advantage, and that cause of action is stricken. Background: This action commenced on July 20, 2022, by th...

Excerpt: ...use of action, first paragraph no. 1 (“For disgorgement of all sums paid under the illegal Construction Agreement”); prayer for relief, first cause of action, first paragraph no. 3 (“For attorney's fees”); and prayer for relief, second cause of action, second paragraph no. 2 (“For attorney's f e e s ”). (3) Leave to amend granted herein is limited to providing further allegations relating to any claim for disgorgement and or attorney'...

Excerpt: ...e and serve their answer to plaintiff's first amended complaint on or before March 18, 2024. Background : On February 28, 2023, plaintiff David McKay filed a complaint against defendants Hopp Technologies, Inc., (Hopp), Fabrice Allain (Fabrice), Antoine Allain (Antoine), Ratna Madeka (Madeka); Matt Barnes (Barnes), Khalid Taylor (Taylor), and Ray Young (Young) (collectively, defendants), alleging nine causes of action: (1) fraud; (2) civil conspi...

Excerpt: ...ation of municipal ordinances. 3. Defendants' motion to strike is denied in its entirety. 4. Plaintiffs shall file and serve their third amended complaint no later than March 29, 2023. Background: This action commenced on June 27, 2023, by the filing of the complaint by plaintiffs Haley Christina Thomas and Alexandre Hort (collectively “plaintiffs”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting fo...

Excerpt: ...s or costs will be awarded. Background: This action commenced on August 1, 2023, by the filing of the complaint by plaintiff J. Blair Pence II against several defendants including Richard D. Starnes, individually and dba RDS Architecture & Planning (collectively “Starnes”), Mark Thomas Ventura, individually and dba Ventura Pools, Ventura Pools, Inc., dba Ventura Pools, Scott Joseph Ventura, individually and dba Ventura Pools, Microplasma Ozon...

Excerpt: ...nd Bryan W. Edgar For Defendant Aaron Mayer : No appearance. R U LIN G For the reasons set forth herein: The motion for approval of settlement under the private attorney's general act is denied without prejudice. Background Plaintiff Alejandro Mazantini, on behalf of himself and all similarly situated, filed his original representative action for PAGA penalties on June 8, 2023, against Defendants Mission Park Health Center, Pacificare Health Mana...

Excerpt: ...J u s t in P . W y n n e o f California Dept. of Transp. Legal Division for Caltrans R U LIN G For the reasons more fully articulated below, the demurrer will be sustained, without leave to amend. BACKGRO UN D P e t it io n e r Co a s t a l Ra n c h e s Co n s e r va n c y (CRC) file d it s o r igin a l ve r ifie d P e t it io n fo r Writ of Mandate and Declarat ory and Injunctive Relief on July 2 2 , 2 0 2 2 , and its First Amended Petition on S...

Excerpt: ...demand), set eight; (2) responses by defendant Moseley to plaintiff's requests for production of documents (inspection demand), set nine; and (3) responses by defendant Moseley to plaintiff's spec ia l in t e r r o g a t o r ie s , s e t f o u r . The remaining seven motions were filed by moving party plaintiff People on February 7, with an original hearing date of April 15. These motions are motions to compel: (4) responses by defendant Moseley ...

Excerpt: ...a : Se lf -Represented For Defendant Ms. Gooch's Nat ural Food Market s, Inc. dba Whole Food s Ma rke t , Stephanie Botello, Julisa Perez, Makenzie Champion, Jacob Foley, Da nie lle Ive rson, Ge orge La za ro, Ka t hy Wise , Silvia Brown, a n d Sylvia Silva : Matthew E. Bennett TEN TATIVE RU LIN G : Plaintiff's motion for leave to file second amended complaint is denied. Background: Plaintiff Susan Lea (“Lea”) filed her original verified comp...

Excerpt: ...er Entrekin TEN TATIVE RU LIN G : The demurrer to plaintiff's complaint is sustained without leave to amend. Background: This action was commenced on January 18, 2024, by the filing of the complaint for unlawful detainer by Blue Horizon Property Management Company (“Plaintiff”) against Lana Perfect (“Defendant”). The complaint alleges that defendant has been renting premises located at 1711 De La Vina Street, Unit B, Santa Barbara, within...

Excerpt: ... shall file and serve her second amended complaint no later than March 22, 2023. c. Plaintiff may remove causes of action but may not add any new causes of action without first following the proper procedure for doing so. 2 . D e f e n d a n t 's m o t io n t o s t r ike p o r t io n s o f p la in t if f 's f ir s t a m e n d e d c o m p la in t is taken off-calendar as moot. Background: On June 7, 202, plaintiff Sheba Lux, trustee of the Sheba L...

Excerpt: ... the motion of defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zebroeck for summary a d ju d ic a t io n is d e n ie d in it s e n t ir e t y . Background: (Note: Plaintiff and cross-defendant Max Liskin, Trustee of the Max Liskin Trust dated July 18, 2003, is referred to herein as Liskin or plaintiff. Defendant and cross -complainant Creciente, LLC, and defendants Marc A. Lowe, and Pauline Lo w e a r e c o lle c t iv...

Excerpt: ...intiff's second amended complaint no later than March 22, 2024. Background: On June 27, 2022, plaintiff Danielle Sue Blum (Blum) filed her original complaint in this matter alleging one cause of action against the California Department of Parks and Recreation (the Department) for dangerous condition of public property. On November 28, 2022, Blum filed a first amended complaint (the FAC) against the Department alleging the same sole cause of actio...

Excerpt: ...en), Trustees of the Shevitz Family Trust, Dated August 6, 2013 (c o lle c t iv e ly, p la in t if fs ), f ile d a c o m p la in t fo r s p e c if ic p e r f o r m a n c e a n d d a m a g e s against defendants Bradley G. Vernon, Shannon Vernon, Shaun Lynch (Lynch), and Evoke Design, Inc. (Evoke), alleging five causes of action: (1) breach of contract – specific performance; (2) breach of implied covenant of good faith and fair dealing; (3) neg...

Excerpt: ...iscussed herein, the motion of Defendant Carpinteria Unified School District for judgment on the pleadings is ordered off -calendar. Background On December 21, 2022, Plaintiff Roxanne Coles filed a complaint in this matter alleging seven causes of action against Defendants Carpinteria Unified School District (the District) and Veronica Gallardo (Gallardo): (1) failure to prevent d is c r im in a t io n in violation of Government Code section 1294...

Excerpt: ...lls Fargo shall modify the proposed judgment to remove the costs. Costs are appropriately claimed by way of a memorandum of costs pursuant to California Rules of Court, rule 3.1700. The trial date of 4/ 17/ 24 is vacated. Background This action commenced on June 26, 2023, by the filing of the complaint by Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against Defendant Brandon Vargas setting forth causes of action for breach of written cont...

Excerpt: ...n, the motion of Defendants to strike punitive damages is granted, in part, with leave to amend. The following matters shall be stricken from Plaintiff's first amended complaint: (1) the term “punitive damages” appearing in p aragraph 14(a)(2) of the first amended complaint; and (2) the entirety of the first paragraph of Attachment 14.a(2) only, beginning with “[a]s to all causes of action” and ending with “Civil Code § 3294(c)”. Exc...

Excerpt: ...Gerard Pepe : Ale xa n d e r En t r e kin , Le g a l Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The motion to strike of defendant Gerard Pepe is granted, in part, with leave to amend. The following matters shall be stricken from plaintiff's complaint: “late fees pursuant to Lease” appearing in paragraph 19(i)(2) of the complaint. Except as otherwise herein granted, the motion to strike of defendant is denied. Defendant shall...

Excerpt: ...greement (CCP § 664.6.) ATTO RN EYS : Fo r P la in t iff Ba n k o f Am e r ic a , N.A. : Robert S. Kennard and Daniel Soo For Defendant Adam Deshaies : No Appearance TEN TATIVE RU LIN G : The motion of plaintiff Bank of America N.A. for an order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on February 8, 2022, by the filing of the complaint by pla...

Excerpt: .... 21CV04978 consolidated with Case No. 20CV02833 He aring Dat e : February 26, 2024 M ATTER : Defendants' Motion For Terminating Sanctions or, Alternatively, Issue and/ or Evidentiary Sanctions and for Imposition of Monetary Sanctions Against Plaintiff Jesse Zaragoza ATTO RN EYS : Fo r P la in t iff a n d Cr o s s -Defendant Jesse Zaragoza: Se lf Represented For Defendant s AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crum...

Excerpt: ..., Daniel J. Podolsky, Koron & Podolsky, LLP For Defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant , and Rachelle H. Dean : Elizabeth T. Arce, Dana L. Se g a l, Lie b e r t Ca s s id y W h it m o r e TEN TATIVE RU LIN G : The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of ...

Excerpt: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...

Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...

Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...

Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...

Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...

Excerpt: ...a hy : David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Ch r is Kr o e s For Defendants Patricia Wollum and Susan Reynolds : Ga b r ie lla L. St e r n f e ld , D a v id A. Nappe r, Gre gory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Brandt O. Caudill, Joan E. Tr im b le For Defendant Patrick Leahy : Se lf-Represented R U LIN G S For the reasons set forth herein: Defendant Channe Col...

Excerpt: ...e & Case LLP, Nathan Ro g e r s , Ro g e r s , Sh e f f ie ld & Ca m p b e ll, LLP For Defendant Richard Dean Carson : J . P a u l Gig n a c , Cla ir e K. M it c h e ll, Rim o n , P .C. For Defendant ProHealth Inc. : Nick S. Pujji, Emma Moralyan, Dentons US LLP R U LIN G (1 ) For all reasons discussed herein, the demurrer of Defendant ProHealth Inc., to Plaintiff's complaint is sustained as to the seventh cause of action, with leave to amend. Exc...

Excerpt: ...: Chandra A. Beaton, Kathleen M. Fe llo w s , Lig h t Ga b le r R U LIN G For all reasons discussed herein, the renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is denied without prejudice. Background On February 25, 2022, Plaintiff Josefina Arzate filed a class action complaint against Coastal Blooms Nursery, LLC (CBN). On April 29, 2022, Arzate filed a first amend...

Excerpt: ...s For the reasons set out below: 1. Defendants request that this Court grant a protective order to prevent any questioning of Dr. O'Callaghan and/ or Dr. Newman in the Jane Doe I case until such time as Defendants have been able to obtain Jane Doe II's deposition t e s t im o n y is GRAN TED . 2. Plaintiffs request for a motion to compel and sanctions, is continued to 3/ 20/ 24 at 10am, the same day set for the Court to rule on the Plaint...

Excerpt: ...he motion of Defendant Karl Storz Imaging, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. The MSC date of 3/ 1/ 24 and the Trial Date of 3/ 27/ 24 are confirmed. Do not request a continuance. The event leading up to the filing of the complaint occurred on 7/ 26/ 22; the case was filed in 12/ 2022; the trial date was set on 5/ 3/ 23 ; t h is is a ju r y t r ia l; t h e Co u r t h a s r e s e r v e d...

Excerpt: ...Maureen Wo ot e n a n d VRTCAL Ma rke t s, In c. : Robert A. Curtis, Aaron L. Arndt, Jordan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire : Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-Complainant DelPlaya Media, Inc. : John J. Thyne III, Thyne Taylor Fox Howard, LLP R U LIN G For the reasons set forth herein: 1. P...

Excerpt: ...that request is denied. The Court's order compelling responses without objections is made without prej u d ic e to BMW's ability to file a properly supported motion for relief from its waiver of objections. If such a motion has been filed and served prior to March 7, 2024, the March 7, 2024, deadline for providing responses without objections will be deferred pending a ruling on the motion. Background : P la in t if f 's c o m p la in t , f ile d...

Excerpt: ... in t if f ”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (5) Failure to pay wages when due. (6) Unfair Business Practices. (7) Unlawful retaliation. As alleged in the complaint: In April 201...

Excerpt: ... 1 , 2 0 2 4 , t h e p a r t ie s s h a ll s u b m it a jo in t r e p o r t , o r in d iv id u a l s t a t u s r e p o r t s , in accordance with this ruling. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d );...

Excerpt: ...2 ) As set forth herein, by the granting of leave to file a second amended complaint, the demurrer to the first amended complaint is moot and ordered off c a le n d a r . (3 ) For the reasons set forth herein, the motion of defendant for a protective order is denied. Plaintiffs' request for an award of monetary sanctions is denied. Background: On May 12, 2023, plaintiffs Alex Pananides, individually and as trustee of the Alexander Nicholas Panani...

Excerpt: ...David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles: R. Ch r is Kr o e s F o r D e f e n d a n t s P a t r ic ia W o llu m a n d Su s a n Re y n o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. N a p p e r, Gre go ry K. Sa b o For De fe ndant and Cross-Complainant Help Unlimited, Inc.: Brandt O. Caudill, J o a n E. Tr im b le For Defendant Patrick Leahy: Self -Represented R U LI N G The Court will call the...

Excerpt: ...ga : Kr is t i D . Ro t h c h ild , J u lia n Alw ill, Ro t h s c h ild & Alw ill, AP C R U LI N G (1) For the reasons set forth herein, the general demurrer of Defendant John Chapman is sustained, with leave to amend, as to the first and third causes of action of the complaint, and the special demurrer is sustained, with leave to amend, as to each caus e of action of the complaint. (2) For the reasons set forth herein, the motion of Defendant Jo...

Excerpt: ...rrer is overruled. (2) For all reasons set forth herein, defendant's motion to strike the fourth and fifth causes of action alleged in plaintiff's first amended complaint is denied. (3) Plaintiff shall file and serve her second amended complaint, if any, on or before February 20, 2024. (4) At the hearing on defendant's demurrer and motion to strike, the parties shall be prepared to discuss, in accordance with this ruling, consolidation of the pre...

Excerpt: ... First Amended Complaint is overruled. 4. Defendants County of Santa Barbara and California Coastal Commission shall file and serve their answers to plaintiff's first amended complaint no later than February 29, 2024. Background: This action commenced on March 9, 2023, by the filing of the original petition and complaint by plaintiff Casa Blanca Beach Estates Owners' Association (“CBBEOA”) against defendant State of California ex rel. State L...

Excerpt: ...heston Administrative Trust under the Cochran-Cheston Trust (the Administrative Trust), and as Trustee of the Bayshore Tower Apartments Trust (the Bayshore Trust) (collectively, plaintiff) filed a complaint against defendant Bayshore Housing, LLC. The complaint alleges three causes of action against defendant: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) declaratory relief. As alleged in the complaint...

Excerpt: ... and Christopher De La Vega: Michael B. Wilk, David D. Samani, Lewis Brisbois Bisgaard & Smith LLP RULING 1. For all reasons discussed herein: 2. The motion of Plaintiff for an order permitting discovery of Defendant Isla Vista Owner, LLC's, financial condition, is denied. 3. But the Court has been here many times in the past 26 years. 4. The Court alerts the Defendants; if the jury comes back with a finding that Plaintiff is entitled to punitive...

Excerpt: ...d. Plaintiff may re-serve the discovery in compliance with the California Rules of Court. Plaintiff is to give notice of this ruling and attach a copy of the minute order. Background This action was commenced on May 12, 2023, by the filing of the complaint by Plaintiff The Jean Michele Cross Revocable Trust (“Trust”) against Defendants Four P's Group, LLC (“Four P's) and Jeff L. Handy (collectively “Defendants”). The complaint alleges c...

Excerpt: ... For Defendant Anchor Heating & Air Conditioning, Inc.: Michael E. Gallagher, Caroline B. Fawley, Edlin Gallagher, Huie Blum For Defendants John L. Bunce and Elizabeth N. Bunce: No appearance RULING For all reasons discussed herein, the motion of Defendant Giffin & Crane General Contractors, LLC, for summary judgment or, in the alternative, summary adjudication, is denied. Background In his complaint filed on October 24, 2022, Plaintiff Rogelio J...

Excerpt: ...rt's January 25, 2023 order, granting Ford Motor Company's motion to compel arbitration and stay action, is denied. Background Plaintiff Deborah Andrews filed her complaint against Defendants Ford Motor Company (FMC) and Jim Vreeland Ford (JVF) on August 23, 2022. As alleged in the complaint, Andrews entered into a warranty contract with FMC, on or about April 22, 2020, regarding a 2020 Ford Escape. (Complaint, ¶ 10.) “Defects and nonconformit...

Excerpt: ...exler / Molly A. DeSario / Jonathan Lee of Capstone Law APC for Plaintiff Carmen Martinez Paul K. Wilcox / Jared M. Katz / Christina M. Behrman of Mullen & Henzell LLP for Defendants SYR Service Company, LLC, San Ysidro BB Property, LLC, and Ty Warner Hotels & Resorts RULING The Court will grant both motions. BACKGROUND These actions consist of (a) a wage and hour action (Case No. 21CV03118) filed August 4, 2021, alleging causes of action for (1)...

Excerpt: ... Coffin and Scott A. Jaske RULING For the reasons set forth herein: 1. The demurrer of cross-defendants Isabel Huerta and Martin Huerta, to the cross-complaint, is overruled. 2. Cross-Defendants shall file and serve their answer to the cross-complaint no later than February 17, 2024. The Case Management Conference of 3/20/24 is confirmed; please meet and confer prior to that hearing and provide the trial date you want for the case in your CMCS. B...

Excerpt: ...defendant Dorothy M. Austin. Plaintiff shall submit a corrected proposed judgment in accordance with this ruling and shall give notice of the court's ruling to defendant at all known physical or electronic mailing addresses. Background: Plaintiff Jason E. Colbert filed a complaint in this matter on September 15, 2017, seeking damages in the amount of $48,500 from defendant, Dorothy M. Austin (Austin), who is plaintiff's maternal aunt. Plaintiff's...

Excerpt: ...PC For Defendant Costco Wholesale Corporation: Sean R. Burnett, Jessica Farley, Snyder Burnett Egerer LLP TENTATIVE RULING: (1) The court grants the motion of plaintiff to compel defendant Costco Wholesale Corporation to provide further responses to form interrogatories. On or before February 19, 2024, defendant shall serve verified further responses to plaintiff's set one form interrogatory nos. 1.1, 3.1, 3.6, 3.7, 4.1, 12.1 through 12.7, 13.1, ...

Excerpt: ...e, John Matheny, Excelsior Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross-Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: LA Models, Inc.'s motion for summary judgment or, in the alternative, summary adjudication against cross-complainant Brighton Collectibles, LLC is denied. Background: On December 16...

Excerpt: ...racy N. LeRoy, Wynn B. McCloskey, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Theresa L. Huggins, Emily Steirwalt, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC: Brad D. Brian, Henry Weissmann, Daniel B. Levin, Robyn K. Bacon, Munger, Tolles & Olson LLP; Craig S. Granet, Rimon PC TENTATIVE RULI...

Excerpt: ...ttend the hearing in this matter, either in-person or remotely, to discuss the scheduling of a further Case Management Conference. 3. Defendants' motions to compel further responses to discovery are taken off-calendar to be re-set for hearing after the stay is lifted. Background: This action was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Von...