Excerpt: ...e and serve their answer to plaintiff's first amended complaint on or before March 18, 2024. Background : On February 28, 2023, plaintiff David McKay filed a complaint against defendants Hopp Technologies, Inc., (Hopp), Fabrice Allain (Fabrice), Antoine Allain (Antoine), Ratna Madeka (Madeka); Matt Barnes (Barnes), Khalid Taylor (Taylor), and Ray Young (Young) (collectively, defendants), alleging nine causes of action: (1) fraud; (2) civil conspi...

Excerpt: ...use of action, first paragraph no. 1 (“For disgorgement of all sums paid under the illegal Construction Agreement”); prayer for relief, first cause of action, first paragraph no. 3 (“For attorney's fees”); and prayer for relief, second cause of action, second paragraph no. 2 (“For attorney's f e e s ”). (3) Leave to amend granted herein is limited to providing further allegations relating to any claim for disgorgement and or attorney'...

Excerpt: ...ation of municipal ordinances. 3. Defendants' motion to strike is denied in its entirety. 4. Plaintiffs shall file and serve their third amended complaint no later than March 29, 2023. Background: This action commenced on June 27, 2023, by the filing of the complaint by plaintiffs Haley Christina Thomas and Alexandre Hort (collectively “plaintiffs”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting fo...

Excerpt: ...nd Bryan W. Edgar For Defendant Aaron Mayer : No appearance. R U LIN G For the reasons set forth herein: The motion for approval of settlement under the private attorney's general act is denied without prejudice. Background Plaintiff Alejandro Mazantini, on behalf of himself and all similarly situated, filed his original representative action for PAGA penalties on June 8, 2023, against Defendants Mission Park Health Center, Pacificare Health Mana...

Excerpt: ...J u s t in P . W y n n e o f California Dept. of Transp. Legal Division for Caltrans R U LIN G For the reasons more fully articulated below, the demurrer will be sustained, without leave to amend. BACKGRO UN D P e t it io n e r Co a s t a l Ra n c h e s Co n s e r va n c y (CRC) file d it s o r igin a l ve r ifie d P e t it io n fo r Writ of Mandate and Declarat ory and Injunctive Relief on July 2 2 , 2 0 2 2 , and its First Amended Petition on S...

Excerpt: ...demand), set eight; (2) responses by defendant Moseley to plaintiff's requests for production of documents (inspection demand), set nine; and (3) responses by defendant Moseley to plaintiff's spec ia l in t e r r o g a t o r ie s , s e t f o u r . The remaining seven motions were filed by moving party plaintiff People on February 7, with an original hearing date of April 15. These motions are motions to compel: (4) responses by defendant Moseley ...

Excerpt: ...a : Se lf -Represented For Defendant Ms. Gooch's Nat ural Food Market s, Inc. dba Whole Food s Ma rke t , Stephanie Botello, Julisa Perez, Makenzie Champion, Jacob Foley, Da nie lle Ive rson, Ge orge La za ro, Ka t hy Wise , Silvia Brown, a n d Sylvia Silva : Matthew E. Bennett TEN TATIVE RU LIN G : Plaintiff's motion for leave to file second amended complaint is denied. Background: Plaintiff Susan Lea (“Lea”) filed her original verified comp...

Excerpt: ...er Entrekin TEN TATIVE RU LIN G : The demurrer to plaintiff's complaint is sustained without leave to amend. Background: This action was commenced on January 18, 2024, by the filing of the complaint for unlawful detainer by Blue Horizon Property Management Company (“Plaintiff”) against Lana Perfect (“Defendant”). The complaint alleges that defendant has been renting premises located at 1711 De La Vina Street, Unit B, Santa Barbara, within...

Excerpt: ... shall file and serve her second amended complaint no later than March 22, 2023. c. Plaintiff may remove causes of action but may not add any new causes of action without first following the proper procedure for doing so. 2 . D e f e n d a n t 's m o t io n t o s t r ike p o r t io n s o f 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 taken off-calendar as moot. Background: On June 7, 202, plaintiff Sheba Lux, trustee of the Sheba L...

Excerpt: ... the motion of defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zebroeck for summary a d ju d ic a t io n is d e n ie d in it s e n t ir e t y . Background: (Note: Plaintiff and cross-defendant Max Liskin, Trustee of the Max Liskin Trust dated July 18, 2003, is referred to herein as Liskin or plaintiff. Defendant and cross -complainant Creciente, LLC, and defendants Marc A. Lowe, and Pauline Lo w e a r e c o lle c t iv...

Excerpt: ...intiff's second amended complaint no later than March 22, 2024. Background: On June 27, 2022, plaintiff Danielle Sue Blum (Blum) filed her original complaint in this matter alleging one cause of action against the California Department of Parks and Recreation (the Department) for dangerous condition of public property. On November 28, 2022, Blum filed a first amended complaint (the FAC) against the Department alleging the same sole cause of actio...

Excerpt: ...en), Trustees of the Shevitz Family Trust, Dated August 6, 2013 (c o lle c t iv e ly, p la in t if fs ), f ile d a c o m p la in t fo r s p e c if ic p e r f o r m a n c e a n d d a m a g e s against defendants Bradley G. Vernon, Shannon Vernon, Shaun Lynch (Lynch), and Evoke Design, Inc. (Evoke), alleging five causes of action: (1) breach of contract – specific performance; (2) breach of implied covenant of good faith and fair dealing; (3) neg...

Excerpt: ...iscussed herein, the motion of Defendant Carpinteria Unified School District for judgment on the pleadings is ordered off -calendar. Background On December 21, 2022, Plaintiff Roxanne Coles filed a complaint in this matter alleging seven causes of action against Defendants Carpinteria Unified School District (the District) and Veronica Gallardo (Gallardo): (1) failure to prevent d is c r im in a t io n in violation of Government Code section 1294...

Excerpt: ...n, the motion of Defendants to strike punitive damages is granted, in part, with leave to amend. The following matters shall be stricken from Plaintiff's first amended complaint: (1) the term “punitive damages” appearing in p aragraph 14(a)(2) of the first amended complaint; and (2) the entirety of the first paragraph of Attachment 14.a(2) only, beginning with “[a]s to all causes of action” and ending with “Civil Code § 3294(c)”. Exc...

Excerpt: ...lls 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. The trial date of 4/ 17/ 24 is vacated. Background This action commenced on June 26, 2023, by the filing of the complaint by Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against Defendant Brandon Vargas setting forth causes of action for breach of written cont...

Excerpt: ...Gerard Pepe : Ale xa n d e r En t r e kin , Le g a l Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The motion to strike of defendant Gerard Pepe is granted, in part, with leave to amend. The following matters shall be stricken from plaintiff's complaint: “late fees pursuant to Lease” appearing in paragraph 19(i)(2) of the complaint. Except as otherwise herein granted, the motion to strike of defendant is denied. Defendant shall...

Excerpt: ...greement (CCP § 664.6.) ATTO RN EYS : Fo r P la in t iff Ba n k o f Am e r ic a , N.A. : Robert S. Kennard and Daniel Soo For Defendant Adam Deshaies : No Appearance TEN TATIVE RU LIN G : The motion of plaintiff Bank of America N.A. for an 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 February 8, 2022, by the filing of the complaint by pla...

Excerpt: .... 21CV04978 consolidated with Case No. 20CV02833 He aring Dat e : February 26, 2024 M ATTER : Defendants' Motion For Terminating Sanctions or, Alternatively, Issue and/ or Evidentiary Sanctions and for Imposition of Monetary Sanctions Against Plaintiff Jesse Zaragoza ATTO RN EYS : Fo r P la in t iff a n d Cr o s s -Defendant Jesse Zaragoza: Se lf Represented For Defendant s AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crum...

Excerpt: ..., Daniel J. Podolsky, Koron & Podolsky, LLP For Defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant , and Rachelle H. Dean : Elizabeth T. Arce, Dana L. Se g a l, Lie b e r t Ca s s id y W h it m o r e TEN TATIVE RU LIN G : The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of ...

Excerpt: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...

Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...

Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...

Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...

Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...

Excerpt: ...Maureen Wo ot e n a n d VRTCAL Ma rke t s, In c. : Robert A. Curtis, Aaron L. Arndt, Jordan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire : Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-Complainant DelPlaya Media, Inc. : John J. Thyne III, Thyne Taylor Fox Howard, LLP R U LIN G For the reasons set forth herein: 1. P...