Excerpt: ...s (2) Plaintiff's Motion To Compel Compliance And Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Jennifer S. McGeorge, Hilda Aguilar, Ford & Harrison LLP TENTATIVE RULING: (1) The court continues the hearing on plaintiff's motion to c...

Excerpt: ...: August 7, 2023 MATTER: (1) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories and For Monetary Sanctions (2) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents and For Monetary Sanctions (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff's Further Responses To Employment Form In...

Excerpt: ...ttorney fees are awarded in favor of plaintiffs Nicole Nagel and Esy Investments, LLC, and against all defendants, jointly and severally, in the total amount of $6,369,793.98. $3,515,775.50 payable to Barnes & Thornburg, LLP; $316,145.89 to Rincon Venture Law Group; $114,640.00 to Kathleen Bliss Law PLLC; and $2,423,232.59 to Valle Makoff LLP. (2) Costs in favor of Plaintiffs a. Costs in the amount of $3,559.00 are allowed for filing and motion f...

Excerpt: ..., and Diego Rodriguez Garcia filed their original complaint in this action against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC generally denying t...

Excerpt: ...ff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages, and $5,620.42 in taxes, fees, and gratuity. When presented with the final invoice at 3:14 a.m. on October 16, 2021, defendant refused to pay any portion of the bill. The complaint states causes of action for breach of contract, unjust enrichment, fraud, common count (goods and services ren...

Excerpt: ...birth at Santa Barbara Cottage Hospital (the hospital). Plaintiff Roe filed her original complaint in this matter on December 22, 2022, alleging five causes of action for violation of Civil Code section 52.1 (the Tom Bane Civil Rights Act or Bane Act), battery, sexual battery, medical battery, and intentional infliction of emotional distress against Dr. Ramos and Dr. Susanne L. Ramos, M.D., Inc. (Ramos MD) (collectively, defendants.) After the Co...

Excerpt: ..., Melissa Rapp, Office of the City Attorney RULING (1) For all reasons discussed herein, the court grants defendants' motion for judgment on the pleadings without leave to amend. (2) For all reasons discussed herein, the court orders the motion to compel and first amended motion to compel filed by plaintiff on, respectively, July 10 and 13, 2023, off- calendar. (3) The trial set for 8/2/23 at 11:30am is off calendar and the case is dismissed prej...

Excerpt: ...I-J. Analysis The Complaint [filed 5/5/23]; 126-pages. Sets out three counts: 1. Judicial view restoration 2. Declaratory relief 3. Private nuisance Prays for 1. An order (a) requiring Defendants to restore Plaintiff's scenic views by the pruning, trimming, thinning, removal, and/or other maintenance of trees and other vegetation on Defendants' property that interfere with Plaintiff's views in a manner consistent with applicable laws; (b) enjoini...

Excerpt: ...l and Mark Campbell: Marc S. Shapiro, Jonathan P. Cyr, Bridget K. Hockaday, Hanger, Steinberg, Shapiro & Ash TENTATIVE RULING: (1) The demurrer of defendants to the fifth cause of action alleged in plaintiff's second amended complaint is sustained with leave to amend. (2) Defendants' motion to strike portions of plaintiff's second amended complaint is granted, in part, with leave to amend. The allegations of paragraph 59 of the second amended com...

Excerpt: ...id Foundation of Santa Barbara County TENTATIVE RULING: For all reasons discussed herein, defendant's demurrer to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file its second amended complaint, if any, on or before August 7, 2023. Background: Plaintiff Dario L. Pini dba DP Investments filed an original complaint for unlawful detainer on April 27, 2023. On May 10, 2023, defendant Amber Asher (Asher) filed a general demur...

Excerpt: ...demurrer to the FAC is overruled as to the statute of limitations bar, and is sustained as to the failure to specifically allege facts constituting the breach of the policy, with leave to amend. The motion to strike the prayer for attorneys' fees is granted, with leave to amend, to permit plaintiff one further opportunity to allege a proper basis for the attorneys' fees claim. The prayer was stricken by this Court from plaintiff's original compla...

Excerpt: ...ve to amend. Judgment shall be entered in favor of plaintiff and against defendant in the amount of $6,164.34. Plaintiff is entitled to recover its prevailing party costs. Background: Plaintiff Capital One, N.A. (Capital One) filed its complaint in this action on April 10, 2023. The complaint alleges causes of action for common counts (open book account, money lent, money paid) against defendant Miraya M. Ramirez (Ramirez). The complaint sought d...

Excerpt: ... denied in part as follows: (1) The motion is granted as to Requests for Admissions Nos_ 4, 5, 11, 12, and 18. It will also be granted as to Special Interrogatories Nos. 13: 14: 15: 16: 17 1. The granting of the protective order with respect to these requests for admissions and special interrogatories is without prejudice should further discovery put plaintiff's physical health, mental health, or alcohol use at issue as it pertains to this action...

Excerpt: ...tions, LLC: Catherine L. Deter and Briana J. Kutinsky For Defendant and Cross-Complainant Judith H. Wood: Thomas S. Gelini and Jennifer A. Kung Gelini For Defendant Wood Environmental Services, LLC: No appearance TENTATIVE RULING: The motion to strike is granted with leave to amend. Plaintiff shall file and serve her second amended complaint no later than August 21, 2023. Background: This action commenced on February 7, 2023, by the filing of the...

Excerpt: ...Plaintiffs allege that defects and nonconformities to the warranty manifested within the express warranty period, including, but not limited to, transmission defects, that the defects substantially impair the use, value, or safety of the vehicle, and the value of the vehicle is therefore worthless or de minimis. While Ford had an affirmative duty to promptly offer to repurchase or replace the vehicle when it failed to conform the vehicle to the t...

Excerpt: ...Willis, and minors Enzo Willis and Mia Willis by and through their guardian ad litem. As alleged in the FAC, on May 1, 2018, plaintiffs were stopped in their vehicle on U.S. Highway 101 at the Nojoqui grade in the County of Santa Barbara when a vehicle driven by defendant Felipe Hernandez, who is an employee of defendant the California Highway Patrol (“CHP”), struck plaintiffs' vehicle. (FAC, ¶ 13.) The collision injured plaintiffs and cause...

Excerpt: ...ction. By this action, the City seeks to obtain the full fee interest of real property located at 2733 and 2735 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Ya...

Excerpt: ...seeks to obtain the full fee interest of real property located at 2726 and 2728 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Yanez decl., ¶ 3.) The Project al...

Excerpt: ... will order this matter transferred to North County to be reset for hearing upon transfer unless plaintiff shows good cause for why this matter should not be transferred. Any papers responding to the court's ruling herein shall be filed and served on or before August 4, 2023. Background: Plaintiff David Noriega's complaint filed on June 29, 2022, alleges two causes of action for premises liability and negligence against defendants Floriano's Mexi...

Excerpt: ...rney's general act is denied without prejudice. Background Plaintiff Josefina Arzate filed her original class action complaint on February 25, 2022, against Coastal Blooms Nursery, LLC (“CBN”). After the filing of the original complaint CBN submitted an arbitration agreement signed by Plaintiff. On April 29, 2022, Arzate filed her first amended complaint (“FAC”), which is the operative complaint, adding a PAGA cause of action. The FAC all...

Excerpt: ...Inc., Chad Sanchez, and David Esquer: Mark A. Love and Julie V. Oneto RULING For the reasons set forth below, Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's demurer to portions of Plaintiff's first amended complaint is overruled. Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's motion to strike portions of Plaintiff's first amended complaint is denied. Insulate SB, Inc., Chad Sanchez, and David Esquer shall file and ...

Excerpt: ...mmary judgment is granted. The court has reviewed the proposed judgment submitted by Wells Fargo. Wells 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. Background: This action commenced on October 26, 2022, by the filing of the complaint by plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against defendant Emma C. ...

Excerpt: ...e a supplemental brief in accordance with this ruling that provides legal authority for the order requested in the present motion. Plaintiff shall give notice of this ruling to defendant at all known addresses. Background: On October 12, 2021, plaintiff Capital One Bank (USA), N.A. (Capital One) filed a complaint alleging one cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock becam...

Excerpt: ...gement Services, LLC (Partners) filed its complaint in this matter on February 17, 2023, alleging three causes of action against defendant Noble House Home Furnishings LLC (Noble House) for (1) breach of contract, (2) nonpayment on an open book account, and (3) nonpayment on an account stated. As alleged in the complaint, Partners provides temporary labor to businesses. Noble House is in the business of distributing home furnishings. On September...

Excerpt: ...er responses, including responsive documents, without objections other than those based on privilege, no later than August 11, 2023. 3. The motion to compel further responses to requests Nos. 6, 7, 8, 9, and 10 is denied, without prejudice as set forth below. 4. To the extent that defendant withholds documents based on privilege, defendant shall serve a privilege log identifying each responsive document withheld on the ground of privilege togethe...