Excerpt: ...pt to incorporate the contents of the Memorandum of Points and Authorities into any åuture declaration. These are separate documents and should be treated accordingly. Counsel should download, read: and follow the recommendations stated in the Los Angeles County Superior Court Civil Department Checklist for Preliminary Approval of Class Action Settlements. This document outlines best practices to follow The court preliminarily appoints Mr. Reube...

Excerpt: ...st defendant Peter Kurrels: individually and dba The Engine Company Auto Repair for breach of contract and common counts. Lund alleges that Peter Kurrels failed to make monthly payments pursuant to a promissory note signed by the parties. Coult records reflect that the default of the named defendant was entered on December 1 2020. A court judgment by default against ' 'Peter KulTels dba The Engine Company Auto Repair" in the amount of was filed o...

Excerpt: ...a proposed order that conforms to the court: s ruling herein. Background: The c#rative pleading in this matter is the first amended complaint (FAC) filed on October 27 2022, by plaintiffs Brian Willis: Maeve Willis: and minors Enzo Willis and Mia Willis by and through their guardian ad litem_ As alleged in the FAC: on May 1 : 201 S: plaintiffs were stopped in their vehicle on US. Highway 101 at the Nojoqui grade in the County of Santa Barbara whe...

Excerpt: ... when he encountered a dangerous and unsafe walkway on the property which was unguarded causing plaintiff to fall more than 25 feet resulting in severe and permanent injuries. (Complaint: 6, 7 _ ) At the time of his injury: plaintiff was employed by Legado Compames dba JDC Management Co. ("JDC")_ LSR owns a private 158-acre ranch and corporate retreat located at 2720 Painted Cave Road in Santa Barbara. (Litwin Dec.: 3.) JDC serves as the property...

Excerpt: ...r to reflect plaintiff s true name. Background: This is a whistleblower retaliation and wronghal termination action. Plaintiff filed her complaint on December 4: 2020, under the pseudonym Jane Doe "in order to protect her legitimate privacy rights" and because she is "fearful of åurther retaliation by Defendants and others in the local medical community if her tme identity is revealed publicly in connection with this lawsuit" (Complaint: _ ) The...

Excerpt: ...lden State Papayas, LLC and Damien Raquinio, to Plaintiffs' complaint is sustained, with leave to amend, as to Defendant Damien Raquinio. (2) To the extent that Defendants demur to the complaint as it applies to Golden State Papayas, LLC, the demurrer is overruled. (3) Defendants Golden State Papayas, LLC and Damien Raquinio's motion to strike is denied. (4) Plaintiffs shall file and serve their first amended complaint no later than April 5, 2023...

Excerpt: ...complaint is overruled. Defendant shall file and serve its answer to Plaintiff's complaint on or before March 27, 2023. Trial Date of 1/31/24, MSC Date of 1/12/24, the next CMC Date of 5/17/23 [to allow time for Jose Gomez and Adrian Doe to be served] and Final CMC Date of 12/6/23 are all confirmed. Background Plaintiff Rosario Duran filed her complaint in this matter on October 14, 2022, alleging three causes of action titled general negligence ...

Excerpt: ...aine Spath, Renee Spath, Rita Marinello, and Walnut Park Associates: Barry J. Reagan, Guillermo E. Partida, Slaughter, Reagan & Cole, LLP TENTATIVE RULING: The court grants defendants' motion. The court corrects nunc pro tunc the Minute Order dated November 7, 2022, in accordance with this ruling. Further, the court vacates the “Order on Plaintiffs' Motion For Protective Order” entered and filed on November 23, 2022, and orders the “Notice ...

Excerpt: ...r summary adjudication is denied in its entirety. Background: (1) Allegations of Plaintiffs' Complaint As alleged in the complaint: Plaintiffs Richard Weger (Weger) and Kathleen Dagg (Dagg), as trustees of the Weger/Dagg Family Trust dated October 5, 1996, are owners of real property located at 1429 Olive Street, Santa Barbara (Plaintiffs' Property). (Complaint, ¶ 5.) Defendant Mary Alice Medina (Medina) is the owner of real property adjacent to...

Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...

Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...

Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...

Excerpt: ... ruling on the waiver of objections for Request for Production Nos. 9-40; (2) the Court did not order that all responsive documents must be provided by November 18, 2022, and in fact the time for production pursuant to the responses was not in issue before the Court on those motions. To the extent that a legitimate dispute arises about the production of documents, it can be brought before the Court by means of a further motion to compel productio...

Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...

Excerpt: ...pursuant to a stipulation by the parties and with leave of court, plaintiff HERBL, Inc. (HERBL) filed its second amended complaint (SAC) in this matter. The SAC is the operative pleading. As alleged in the SAC, HERBL operates a group of distribution centers that sell legal cannabis products across the State of California. (SAC, ¶ 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and ...

Excerpt: ...Law For Additional Defendants: See list RULING For all reasons stated herein, the motion of Lisa Jaquez Quiroga for an Order Declaring Lack of Jurisdiction Over Defendant Manuel Jaquez or the Estate of Manuel Jaquez is denied without prejudice. Background Plaintiffs Cabo Pulmo Partnership (the partnership), Richard Underhill, and Fernando Mejorado (collectively, Plaintiffs) filed their complaint on April 23, 2014, alleging four causes of action f...

Excerpt: ...kground Plaintiff Grant Beall filed the original complaint in this action on April 29, 2022. Prior to service of the complaint, he filed his First Amended Complaint (FAC) on May 19, 2022. The FAC alleged causes of action on behalf of Plaintiff and a class of similarly situated persons for (1) breach of contract, (2) breach of the warranty of habitability, (3) unfair business practices, (4) declaratory relief, and (5) unfair business practices—g...

Excerpt: ... other health hazards. He alleges that he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there. Code of Civil Procedure section 1030 provides that upon a defendant's motion, the trial court “shall” order an out-of-state plaintiff to file an undertaking to secure recoverable costs and attorney's fees if the defendant shows a reasonable possibility that it will obtain judgment ...

Excerpt: ...for defendants, cross-complainants, and cross-defendants Annette Rubin and A. Stuart Rubin Daniel E. Engel for cross-defendant Las Canoas Co. dba Construction Plumbing TENTATIVE RULING: The Court will grant the motion, and impose upon the Rubins the requirement that they post an undertaking in the amount of 1.2 times the amount of the judgment entered against them (($577,424.75 x 1.2 = $692,909.90),, in order to stay enforcement of the judgment p...

Excerpt: ...s of James Howard For Defendant Brian Gooch: No appearance TENTATIVE RULING: The motion of defendant Sean Wilczak for summary judgment and adjudication is denied. Background: This is an unlawful detainer action filed by plaintiff Americana Independence, Ltd., against defendants Sean Wilczak (Wilczak) and Brian Gooch (Gooch). As alleged in plaintiff's First Amended Complaint (FAC) filed on November 3, 2022, plaintiff is the owner of premises locat...

Excerpt: .... Elkort, Ajay Sood, Morgenstern Law Group TENTATIVE RULING: (1) Defendant's motion for summary adjudication is granted in part with respect to plaintiff's claim for punitive damages only. Except as otherwise herein granted, plaintiff's motion for summary adjudication or, alternatively, summary judgment, is denied. (2) Plaintiff's counsel, John Kenneth Dorwin, is ordered to appear on March 27, 2023, at 10:00 a.m. in this Department, and show caus...

Excerpt: ...iltner, Autumn S. Frye, Miltner & Menck, APC TENTATIVE RULING: The demurrer of defendants Outco Labs, Inc., and Outco Mendocino-CD LLC is sustained, without leave to amend, as to the fifth cause of action (for issuance of a preliminary injunction) and is in all other respects overruled. Defendants Outco Labs, Inc., and Outco Mendocino-CD LLC shall file and serve their answer to the first amended complaint (as it is following this ruling) on or be...

Excerpt: ... El Capitan Canyon, LLC, and its counsel of record Murchison & Cumming, LLP, jointly and severally, in the amount of $1,260, payable to plaintiff's counsel. Payment of sanctions is due by March 24, 2023. Background: Plaintiff Mina Kolahi's complaint filed on August 12, 2020, alleges two causes of action for negligence and premises liability against defendant El Capitan Canyon, LLC. As alleged in the complaint, on June 30, 2020, plaintiff was with...

Excerpt: ...it provides that the Motion for Summary Judgment filed on behalf of Defendant JERRY MITCHELL, M.D. is hereby granted in all respects. Background Plaintiff's complaint, filed December 21, 2021, alleges a single cause of action for medical negligence against various health care providers, including Defendant Jerry Mitchell, M.D. It alleges that Plaintiff underwent a right hip surgery on October 29, 2020, during which his right upper extremity was n...

Excerpt: ...rst amended complaint no later than March 15, 2023. Background On January 4, 2023, Plaintiff Joseph DiBartolomeo filed his judicial council form complaint in this action asserting a single cause of action against defendant Unilab Corporation dba Quest Diagnostics, Inc. (Unilab) for breach of contract. As alleged in Plaintiff's complaint, on an unspecified date, there was a written contract wherein “[Unilab] would rent real property, and upon en...