Excerpt: ...Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her class and representative action complaint, filed February 14, 2020, alleges two causes of action against defendant Trader Joe's Company for (1) violation of Labor Code §§ 201 ‐203, and (2) violation of Labor Code § 2698, et seq. (the Private Attorneys General Act of 2004 or PAGA). In its prior rulings, the Court has set forth the detailed background of this c...

Excerpt: ...s, Wheeler Trigg O'Donnell LLP (For other appearances see list) HEARING Motion of Defendant ITW Food Equipment Group LLC for Summary Adjudication RULING For the reasons set forth herein, the motion of defendant ITW Food Equipment Group LLC for summary adjudication is denied. Background The initial complaint in this action was filed on October 24, 2011, on behalf of plaintiffs Julie Lee, Julie Lacey, Lourdes Munoz, Martha Silva, Brandon Adams, Laf...

Excerpt: ...ity of the CoastHills Alternate Dispute Resolution Agreement (titled “Resolving Disputes”) (the “Arbitration Agreement”) and any subsequent determination on the merits. [P] Plaintiffs PAGA claim is not subject to the Arbitration Agreement and all further judicial proceedings are stayed pending the earlier of (1) the resolution of the arbitration, or (2) the arbitrator's determination that Plaintiffs claims are not subject to arbitration.�...

Excerpt: ...e Santa Barbara County Flood Control & Water District (Water District). On April 1, 2022, Cassady answered and filed a verified cross‐complaint against RL Enterprises, Lompoc, and Water District for quiet title, judicial foreclosure, and declaratory relief, superseded by a first amended cross‐complaint filed on July 6, 2022. In dispute in both pleadings is the ownership of property located at 205 Princeton Place, Lompoc (hereafter, real prope...

Excerpt: ...��Aguilar: Self represented For Defendants Saint Barbara Parish (erroneously sued as Roman Catholic Archbishop of Los Angeles, a California corporation sole, for and on behalf of Saint Barbara Parish, also known as Old Mission Santa Barbara, without prejudice to Canon Law), Father Dan Lackie, and Roy Spicer: Daniel W. Bir, Matthew R. Groseclose, Joel C. Gerson, Polsinelli LLP TENTATIVE RULING: Defendants' motion is denied. Background: Plaintiff H...

Excerpt: ...zandeh, Cory T. Baker, Reicker, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is overruled. Defendants shall file and serve their answer to plaintiffs' First Amended Complaint on or before September 9, 2022. Background: Plaintiff Edward St. George, Trustee of the Edward St. George Revocable Trust Dated May 16, 2002 (St. George) filed a verified co...

Excerpt: ... shall file and serve a supplemental response to the supplemental separate statement, in accordance with this ruling, on or before September 23, 2022. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and CSE on condition that these...

Excerpt: ...aintiffs of committing certain criminal acts, and intruding on plaintiffs' private affairs by, among other things, unlawfully accessing plaintiffs' cell phones and social media accounts. (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Plaintiffs' complaint, filed on September 11, 2020, asserts 16 causes of action for (1...

Excerpt: ...roy, seeking to recover the amount of $1,454.51 as a balance due from defendant in connection with a charged‐off credit account issued to Monroy. On December 8, 2020, plaintiff filed a settlement agreement pursuant to which defendant agreed to settle this matter for $1,454.51, plus costs set forth in the agreement, to be paid to plaintiff pursuant to a payment schedule set forth in the settlement agreement. Pursuant to the agreement, the partie...

Excerpt: ...filed in 12/2021. The action stems from the alleged breach of a settlement agreement. Alsana is a behavioral health company that provides residential and outpatient treatment services for persons suffering from eating disorders, chemical dependency, and other mental health issues. Steiner is the former Chief Executive Officer of Alsana's facility in Santa Barbara, California. Steiner worked for Alsana from October 2, 2017, until her separation on...

Excerpt: ...s engaged in the business of cultivation and sale of cannabis products on a wholesale basis to various consumer cannabis companies. Defendant is also a purveyor of cannabis products and is located within Santa Barbara County. In October 2020, Plaintiff entered into a verbal agreement with Defendant regarding a mutual business relationship they intended to pursue together. Pursuant to that agreement, Defendant agreed to cure and process Plaintiff'...

Excerpt: ...al Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defendant and Defendant Financial Credit Net...

Excerpt: ...e, M.D.'s Motion For Relief From Dismissal Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defe...

Excerpt: ...ition, the court awards sanctions in favor of plaintiff against Ruth Bodine in the amount of $1,250.00, payable to plaintiff's counsel. Payment of sanctions is due by September 19, 2022. (2) Plaintiff and defendant are ordered to complete a further meet and confer in person, by phone or by video conference regarding plaintiff's form interrogatory no. 17.1 and defendant's responses thereto, in accordance with this ruling. The meet and confer order...

Excerpt: ...25 of the first and third causes of action alleged in the complaint is denied. Defendants' motion to strike allegations contained in paragraphs 33 and 38 of the fifth and sixth causes of action alleged in the complaint is moot. Background: As alleged in the complaint filed on February 28, 2022, plaintiff Paree Sobhani Moradpour, Trustee under the Declaration of Trust of Paree Sobhani Moradpour is the owner of commercial property located at 401 We...

Excerpt: ... all reasons noted in this ruling. This ruling is without prejudice to a future noticed motion for appropriate discovery sanctions, if warranted. Background Plaintiff Ronald Heller (Heller) filed this action against defendant Andrew B. Mitchell (Mitchell) on May 25, 2021, alleging a cause of action for legal malpractice related to Mitchell's representation of Heller in his divorce proceedings. Mitchell answered the complaint, in pro per, on Augus...

Excerpt: ...ash is denied. Plaintiff's motion for a protective order is granted in part. The Court limits the production of documents sought in the deposition subpoena for production of business records in accordance with this ruling. Background This is an appeal of an Order, Decision, or Award (ODA) issued by the Labor Commissioner on February 4, 2022. As stated in the ODA, a copy of which is attached to the Amended Notice of Appeal filed on March 3, 2022 (...

Excerpt: ...Ankle Concepts, Inc. committed professional negligence in their pre‐surgical and post‐surgical care of his condition, leading to the partial amputation of his right foot. Special Damages: $300,000.00; General Damages: $250,000.00; estimates 5‐ day jury trial; expects discovery to be done [except experts] by August 1, 2022. The defense reported via Bradley J. McGirr that it expects discovery to be done [except experts] by September 2022. On ...

Excerpt: ...ns, is denied without prejudice. Background Plaintiffs Tonya R. Teaney and Brandon T. Mix's First Amended Complaint (FAC), filed on October 28, 2021, alleges two causes of action for breach of contract and fraudulent concealment against defendants Hidden Oaks Ranch, LLC (Hidden Oaks), The Palm Grove, LLC (Palm Grove), and Dennis Hoey (Hoey). As alleged in the FAC, on February 25, 2020, June 29, 2020, and again on March 17, 2021, plaintiffs entere...

Excerpt: ...nta Barbara and Board of Supervisors of Santa Barbara County: Rachel Van Mullem, Lina Somait, Office of the County Counsel Emails: [email protected]; [email protected]‐barbara.ca.us HEARING (1) Demurrer of Respondents to Petition (2) Motion of Respondents to Strike Portions of Petition (3) Contempt RULINGS (1) The demurrer of respondents County of Santa Barbara and Board of Supervisors of Santa Barbara County to the petition is overrul...

Excerpt: ...nts Evgenia Quaid and Randall Quaid are self‐represented TENTATIVE RULINGS: The motion to dismiss the FAC is denied. The motions to compel escrow documents have been withdrawn by the moving defendants; both requests for sanctions are denied. Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C. Turicchi. At that time, the complaint alleged a cause of a...

Excerpt: ...For Defendant and Cross‐Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross‐Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: The demurrer of cross‐defendant L.A. Models, Inc., to the first amended cross‐complaint of Brighton Collectibles, LLC, is overruled in its entirety. L.A. Models, Inc., shall file and serve its answer to t...

Excerpt: ...issions, without objection except as to privilege, on or before August 29, 2022. As to any information or document withheld on the grounds of privilege, FCP Private, LLC, and Wiles shall each concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the total amount of $2,500in favor of ...

Excerpt: ...s east of the intersection with Painted Cave Road. (FAC, ¶¶ 5, 8.) Mary Sheryl Treventhan Scott (Mary Scott) was in the front passenger seat. (Ibid.) A vehicle travelling in the opposite direction crossed over the center line. (Id., ¶ 8.) Chris Scott took evasive maneuvers to avoid a pending head‐on collision, and in doing so, lost control over his vehicle, which travelled south off the roadway, traversing the solid white line and asphalt sh...

Excerpt: ...stress). Defendant Jacqueline Lucas was the only named defendant to that cause of action. No challenge was made to any other cause of action at that time. The court expressly indicated in the March 8, 2022, order that plaintiffs had 30 days to file an amended pleading. On April 18, 2022, Ms. Lucas and the remaining defendants filed a demurrer to all remaining causes of action. The court continued the hearing date and requested supplemental briefi...