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: ...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...