Excerpt: ...Berger & Associates R U LI N G (1) For all reasons discussed herein, the motion of Plaintiff to compel further responses to set one form interrogatories and for monetary sanctions against Defendant Art & Elements, Inc., is granted, in part, as to Plaintiff's form int e rrogat ory numbe rs 1 4.1, 14.2, and 16.8, and denied as to form interrogatory number 16.7. (2) For all reasons discussed herein, the motion of Plaintiff to compel further response...

Excerpt: ...o mp an y [“HLC”]: Ro b e rt J. W ilge r, Sarah Jab i n Issue Defendants Motion for Summary Judgment R U LI N G S For the reasons set out below W 1 . P la in t if fs o b je c t io n t h a t t h e M SJ w a s u n t im e ly f ile d is D EN IE a 2. HLC's MSJ against Counts #1 and #2 and #3 and #4 are DENIED . 3 . HLC's M SJ a s t o t h e P la in t iff's P u n it ive Da m a ge Cla im is GRAN TED . Acknowledgement s The Court acknowledges and appre...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...& 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: ... 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: ...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: ... . 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: ...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: .... 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: ... 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: ...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: ...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: ...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: ...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: ...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...