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