Excerpt: ...ranet / Claire K. Mitchell of Rimon, P.C. and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULING: For reasons more fully articulated below, motions will be denied in their entirety. Background: This action was commenced on November 25, 2019, by the fil...

Excerpt: ...P.C. For Defendant, Cross-complainant, and Cross-Defendant Brian M. Metcalf: Jason W. Wansor, R. Scott Mullen, Rogers, Sheffield & Campbell, LLP TENTATIVE RULING: For all reasons discussed herein, plaintiff's petition to quash is denied with the following conditions imposed by the court: 2. Except upon further order of the court, the shall be limited in time from the opening of the account in 2017, to March 29, 2021. This limitation is without pr...

Excerpt: ... of plaintiff Jason Welsh for summary judgment is denied. Appearances are required at the case management conference to be conducted concurrently with the hearing on the motion for summary judgment, and the parties are to be prepared to discuss the issues identified herein at that conference. Background: On February 15, 2022, petitioner Jason Welsh filed his petition pursuant to Corporations Code section 17711.06 to determine the fair value of We...

Excerpt: ...and through the Department of Parks & Recreation: Rob Bonta, Christine E. Garske, Kelly T. Smith, Offce of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of plaintiff for leave to file a second amended complaint is granted. Plaintiff shall file and serve the second amended complaint, in the form attached to plaintiffs motion, on or before November g, 2023. Background: On June 27, 2022, plaintiff ...

Excerpt: ...Koopmans and Lynda Koopmans: Jacob Lister and Tionna Dolin For Defendant Genera/ Motors, LLC: Ryan Kay and Mary Arens McBride TENTATIVE RULING: Defendant's demurrer to plaintiff's first amended complaint is overruled. Defendant's motion to strike punitive damages from plaintiff's first amended complaint is denied. Defendant shall file and serve an Answer to the first amended complaint no later than November 24, 2023. Background: This achon was co...

Excerpt: ...ckground: Plaintiff's original complaint, filed April 21, 2023, named only Goleta Valley Cottage Hospital (GVCH) as a defendant, and set forth causes of action for professional negligence, medical battery, nonconsensual implantation of subcutaneous device (Civ. Code, S 52.7), and non-disclosure and fraudulent concealment. The complaint alleged that it is related to Santa Barbara Superior Court Case No. 1402957 (Richard L Cain v. Pueblo Radiology ...

Excerpt: ...tt A. Jaske, Mark T. Coffn, PC For Defendants and Cross-complainants DS Infinity Holding Corp. and Daniel Starr: Lawrence J. Conlan, G. Michael Brelje, and Andrew J. Dickerson, Cap#llo & Noel LLP TENTATIVE RULING: The (motion) of plaintiff and cross-defendant Litchfield Builders and cross-defendants Stephan Litchfield and Tara Fergusson is granted in part and denied in part. The motion is granted to order to arbitration all claims in the first am...

Excerpt: ...-Defendant MARON to answer Form Interrogatories, Set One without objection within ten (10) days; and 2. Cross-Defendant ROBERT MARON is ordered to pay sanctions in the amount of payable to Cross-complainant THE SANTA BARBARA SMOKEHOUSE INC. and its counsel of record within ten (10) days of the date of this Order." The Court will strike paragraph #1 and sign and date the Order. 3. The Trial Date of 2/28/24 and the MSC Date of 2/2/24 are confirmed....

Excerpt: ...rther responses to requests for production of documents (set one), and for sanctions, as to Defendant General Motors, LLC, is continued to January 4, 2024. 2. Counsel shall meet and confer, in good faith, either in-person, virtually, or telephonically no later than November 15, 2023, to resolve, or narrow, their discovery dispute. Counsels' meet and confer shall specifically include which documents are discoverable in this matter and which object...

Excerpt: ...vid Ellinwood: Robert M. Sanger, Stephen K. Dunkle, Miguel A. Avila, Sanger Dunkle Law, P.C. For Defendant County of Santa Barbara: Sean A. Andrade, Andrade Gonzalez LLP RULINGS (1) Appearances are required for the case management conference to be held at the same time as the hearing on this motion at 10m a.m. (2) For the reasons discussed herein, the motion to compel is continued to December 13, 2023, at 10m a.m. Opposition to the motion to comp...

Excerpt: ...unza Trucking Corp ("Inzunza") is represented by German A. Marcucci, Dominique Sicari. Cross Defendant Lowe's Home Centers, LLC ["Lowe's" and sometimes "Lowes"] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie. Inzunza's Motion for Summary Judgment/summary Adjudication Ruling 1. For the reasons set out below Inzunza is not entitled to summary judgment or summary adjudication as triable issues of material fact exist whethe...

Excerpt: ... Kevi n Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, TENTATIVE RULING: 1. Plaintiffs' motion to compel further responses to requests for production of documents (set one), as to defendant Jaguar Land Rover North America, LLC, is continued to January 8, 2024. 2...

Excerpt: ...: The demurrer of defendant to plaintiffs complaint is overruled. Defendant's time to file an answer to plaintiff's complaint shall be extended until five days after service upon defendant of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: On September 14, 2023, plaintiff Sierra Property Group, INC, filed its complaint for un...

Excerpt: ...o, Law Firm of Rivers J. Morrell Ill APC TENTATIVE RULING: The motion of plaintiff Jane Doe for an order permitting discovery of defendant's financial condition is denied. Background: Plaintiff Jane Doe filed her complaint in this matter on December 8, 2022, alleging six causes of achon against defendant Maksim Mironov (Mironov): (1) battery; (2) violation of Civil Code section 1708.5; (3) violation of Civil Code section 1708.6; (4) intentional i...

Excerpt: ...n & O'Brien, LLP, Joshua Lynn, Elizabeth O'Brien, and Andrew B. Mitchell: David Davidson, O'Hagan Meyer TENTATIVE RULING: (1) Defendants' demurrer to plaintiff's second amended complaint is overruled in its entirety. (2) Defendants' moton to strike portions of plaintiffs second amended complaint is granted as follows: (a) The motion to strike the follow-ng language is granted without leave to amend: " 'However, Defendants carried too heavy a case...

Excerpt: ...C. 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 portions of plaintiff's second amended complaint is granted with leave to amend. Plaintiff shall file and serve her third amended complaint no later than November 20, 2023. Background: This action commenced ...

Excerpt: ...er. UCSB terminated Little for alleged violations of the UCSB Police Department Policy Manual. Little worked for the university of California from 2004 to 2007. He was then employed by the City of Santa Barbara Police Department until 2014, when he returned to the University of California Police Department. UCSB alleged that, among other violations, Little performed a simulated draw of his firearm against other police officers. He never actually ...

Excerpt: ...nts, including Cottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9...

Excerpt: ...tribution 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 sale of cannabis products. (ld. at '19.) On October 1, 2019, HERBL and CCA entered into a written agreement (the agreement) providing that HERBL would be the exclusive California distributor for CCA products through the end of September 2023. ...

Excerpt: ...dent. He alleges that the substandard lanes and the absence of a shoulder on the narrow bridge, which required bicyclists to travel in the same lane as motorists, created a dangerous condition. Plaintiff asserts causes of action against the California Department (Caltrans) for dangerous condition of public property (3's c/a), and negligent act or missions of public entity or public employee (4th c/a). He also asserts a cause of action against Sus...

Excerpt: ... to the date for hearing on the motion for determination of faith settlement. Toyota Motor Sales, U.S.A„ Inc., and Toyota Motor Engineering & Manufacturing North America, Inc. shall serve notice of this ruling on all parties, including The State of California Department of Transportation, and file a proof of service, no later than October 31, 2023. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the ...

Excerpt: ...ended Petition As alleged in the #titoners' third amended petition and complaint (TAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and petitioners Carpinteria Valley Water District, the City of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, the Goleta Water Distri...

Excerpt: ...March 15, 2015 (the account). Within the last four years, defendant Jon Hampton McKean became indebted to FIA Card Services, N.A., who is the predecessor in interest to BOA, on the account. The last payment received on the account was on October 29, 2019. The account was charged off on April 30, 2020. The reasonable value due and unpaid from defendant is $3,025.77. The complaint alleges one cause of action for common counts. On May 19, 2023, BOA ...

Excerpt: ...Bilotti Revocable Trust Dated May 19, 2CU5: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, cuie compliant, responses no later than November 1, ...

Excerpt: ...laint is overruled. Defendants' time to file their answer to plaintiff's complaint shall be extended until five days after service upon defendants of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: This is an unlawful detainer action filed on September 12, 2023, by plaintiff Carp Property LLC, against defendants Claudia Ramos...

Excerpt: ...ura, Blake D. Heller, Miles Weiss, Lisa O. Lwäkainen, Andrew Sullivant, and Rachelle H. Dean: T. Arce, Dana L. Segal, Liebert Cassidy Whitmore TENTATIVE RULING: 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 plaintiff Hyelim Cho's first amended complaint is sustained with leave to amend. Plaintiff shall file and s...

Excerpt: ...Compel Compliance And Request For Sanctions For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & 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 motion of plaintiff to compel is denied as moot. (2) The motion of plaintffto compel compliance is denie...

Excerpt: ...Tetalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The Court continues the hearing on the motion of defendants for summary judgment or, in the alternative, summary adjudication to December 4, 2023, to permit defendants to file an appropriate motion to seal medical records submitted in support of the motion. ...

Excerpt: ...dant Ghitterman, Ghitterman & Feld and its Attorneys of Record. ATTORNEYS: Christina M. Coleman for plaintiff Russell R. Ghitterman of Ghitterman, Ghitterman & Feld, for defendant TENTATIVE RULING: Defendant's motion for summary judgment, or, in the alternative, summary adjudication, is denied. Plaintiff's motion for sanctions is denied. Background: This is a wrongful termination action, arising from plaintiff Lucy Bernal's (Berna') previous empl...

Excerpt: ...sed, by and through her personal/legal representative, Jeani Burke, Jeani Burke individually, Kathy Silkett, and Chris Beck: Jacob L Stipp and Robert F. Bristow For Defendant Powers Park Healthcare, Inc. dba Channel Islands Post Acute: Lisa A. Cross For Defendant Jacqueline Cabrera: No appearance For Defendant Bernie Butac: No appearance TENTATIVE RULING: Plaintiff Jeani Burke's petition to bring elder abuse achon in the name of decedent Kathlyn ...

Excerpt: .... Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the clerk shall file in the public record the Notice Of Lodgment Of Exhibit(s) Filed Under Seal Pursuant To Protective Order which was conditionally under seal by Defendant the Santa Barbara Unified School District on June 15, 2023. (2) For all reasons discussed herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or...

Excerpt: ... with additional information, as set forth below, no later than October 31, 2023. Background Plaintiff Cristina Calzada-Guido filed her complaint on March 18, 2021. The complaint alleges causes of action for: (1) unpaid overtime, (2) unpaid meal period premiums, (3) unpaid rest period premiums, (4) unpaid minimum wages, (5) final wages not timely paid, (6) wages not timely paid during employment, (7) non-compliant wage statements, (8) failure to ...

Excerpt: ...he motion of Defendant Mullen & Henzell L.L. P. for summary judgment is denied. Background On October 6, 2022, Plaintiffs Susan Smyth (Smyth), Pedro Baltadano (Baltadano), Martin Engriser (Engriser), and Don McIntyre (McIntyre) (collectively, Plaintiffs) filed their original complaint in this achon asserting one cause of action for intentional interference with expected inheritance (IIEI claim). On January 11, 2023, Plaintiffs filed their operati...

Excerpt: ...chel Van Mullem, Julian Abanise, Santa Barbara County Counsel TENTATIVE RULING: For the reasons set forth herein, the motion of defendant County of Santa Barbara for summary judgment and/or summary adjudication is denied. Background: Plaintiff Rebecca Fraser was injured when she tripped and fell while walking on Channel Drive in Montecito on the evening of November 17, 2020. Ms. Fraser contends that an asphalt lump in the road caused her to trip ...

Excerpt: ...of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, code compliant, responses no later tha...

Excerpt: ...relieving counsel shall be delayed until proofs of electronic and mail service of a copy of each signed order on Jacqueline Rubasky and on Fountain Group, LLC, have been filed with the Court. (4) Counsel for Jacqueline Rubasky and Fountain Group, LLC, shall, in accordance with this ruling, serve a copy of the Court's ruling on each defendant by electronic and regular mail, and file appropriate proofs evidencing such service. (5) For all reasons d...

Excerpt: ...dant Colosi to dismiss is denied. (3) The motions by defendants Guier and Hutcheson for immediate release of funds is denied, without prejudice to their continued pursuit of their claims at the court trial of this action. (4) The motons to quash filed by various parties failed to provide sufficient notice to defendant Colosi; nonetheless, they raised issues regarding court proceedings which must be addressed by the Court. No appearances or docume...

Excerpt: ...ottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9-18.) Griggs the...

Excerpt: ...causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to avoid any confusion, the Court will refer to the Tarnutzer defendants by their first names; no is intended.] The complaint alleged that in reliance on various represe...

Excerpt: ...O'Melveny & Meyers LLP For Defendants Mahan Ranch, LLC, et al.: Jim McDermott, Neal P. Maguire, Jessica M. Wan, Shane M. Maguire, Ferguson Case Orr Paterson LLC RULING For the reasons set forth herein, the motion of Defendants Mahan Ranch, LLC, et al., is granted to strike (1) the memorandum of costs filed on August 2, 2023, by the Las Posas Farming Group, and (2) the memorandum of costs filed on August 3, 2023, and supplemented on August 7, 2023...

Excerpt: ...ase no. 22CV01055) and John Doe 3 (related case no. 22CV01608) ("Plaintiffs") move for an Order Consolidating the Related Cases for Trial pursuant to California Code of Civil Procedure 91048(0) on the following grounds: 1. Plaintiffs' cases have been deemed related and consolidated for purposes of discovery. Through discovery it has become apparent that judicial economy and efficiency will be served by consolidating the three cases for trial. 2. ...

Excerpt: ...g Zeb Albert and Caroline Neufeld as Defendants is GRANTED: (1) the Amended Complaint is to be filed by 10/17/23; (2) the two new Defendants are to be personally served by 10/31/23. (Do not raise the issue of who pays for cost of personal service; Plaintiff or Plaintiff's counsel pays for it now; Plaintiff may seek reimbursement in a cost bill if he prevails.) 2. The Court designates this case as complex litigation because of the unusual backgrou...

Excerpt: ...aw Firm, LLP TENTATIVE RULING: The motion of defendant Tesla, Inc. to seal portions of the case doc:ket and filings is denied. Background: This action relates to the purchase of a new 2015 Tesla Model S which allegedly developed numerous problems with its automaton system that substantially impaired the use, value, and safety of the subject vehicle. Plaintiffs Alexandro Filippini and laian Filippini filed their original complaint for damages agai...

Excerpt: ...alcolm S. Schryer and Diane M. Schryer (Deceased): Erin O. Hallissy, David R. Lang, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP TENTATIVE RULING: Plaintiffs' motion for an order that this matter proceed pursuant to a HIPPA qualified stipulated medical record protective order is denied without prejudice. Plaintiffs may properly bring a motion for protective order, if allowed by statute or other legal authority, as to specific requests or subp...

Excerpt: ...shall serve further responses to requests for production Nos. 1 and 2 without objection and consistent with this ruling. UWCD shall concurrently produce all documents responsive to such requests as set forth herein. Documents produced in response to this order shall be used and disclosed only in connection with this action. In all other respects, the motion is denied without prejudice. (2) Until further order of the court, and except for initial ...

Excerpt: ...rdan 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 Ill, Thyne Taylor Fox Howard, LLP RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...

Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...

Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. Background On August 3, 2023, John De Herrera (Petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...

Excerpt: ...Issues as Respects Second Cause of Acton and Punitive Damages ATTORNEYS: Lloyd For Plaintiffs Passport 420, LLC; Spring Creek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: Starr Indemnity & Liability Company's motion for summary adjudication of issues as respects second ...

Excerpt: ...Law Office of Matthew Olufs TENTATIVE RULING: The motion for summary judgment or, in the alternative, summary adjudication of defendants Mikki Reilly and Fitness Transform, LLC, is denied. Background: The second amended complaint for damages and injunctive relief (the SAC) filed by plaintiff Ann Fristoe, M.D. (Fristoe) on February 6, 2023, is the operative pleading in this matter. As alleged in the SAC, on January 10, 2020, Fristoe hired Mikki Re...

Excerpt: ...rney General of California TENTATIVE RULING: The parties are ordered to appear at the hearing and be prepared to discuss the matters described herein. Background: On June 2, 2023, petitioner Richard Morse filed a verified petition for writ of mandate directed to respondent Nancy Farias who is alleged to be the Director of the California Employment Development Department, State Disability Insurance Division (respondent), and a notice of hearing fo...

Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...

Excerpt: ...er, Harris Personal Injury Lawyers, Inc. For Defendants Silver Star Transportation and Gleb Stenin: Rosemarie S. Lewis, Edward J. Morales, Bradford A.M. Smith, Borton Petrini, LLP TENTATIVE RULING: For all reasons discussed herein, the motion of defendants Silver Star Transportation and Gleb Stenin to strike all claims for punitive damages in plaintiff's first amended complaint is granted with leave to amend. The following matters shall be strick...

Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...

Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...

Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...

Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...

Excerpt: ... D. Estes to confirm contractual arbitration award is ordered off-calendar. Background: On July 21, 2023, Ronald D. Estes (Estes) filed a petition to confirm a contractual arbitration award (the petition) against respondent Elmer Guevara Chacon (Chacon). As alleged or effectively alleged in the petition, Estes and Chacon entered into a written agreement (the agreement) on February 19, 2023, pursuant to which Estes hired Chacon to remove an old fe...

Excerpt: ... reasons set forth herein: Defendant's demurrer to plaintiff's complaint is sustained in part and overruled in part as follows: 2. 3. 4. 5. Defendant's demurrer to plaintiff's first cause of action for Violation of the California Constitution, art. l, sections 1 and 7, is overruled. Defendant's demurrer to plaintiff's second cause of action for Violation of the Unruh Civil Rights Act, is overruled Defendant's demurrer to plaintiff's third cause o...

Excerpt: ...ff Nina Johnson (Johnson) was employed by defendant the City of Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, 1, 17, 40.) As alleged in the complaint, during Johnson's employment with the City, she was for high visibility, high-level, and complex assignments on behalf of the City Administrator and City Council which involved directing interdepartmental teams, serving as t...

Excerpt: ...ulting from the Thomas Fire and a subsequent rainstorm and ensuing mudslides that occurred on January 9, 2018, the alleged wrongful and bad faith handling and denial of insurance benefits by defendant National Fire & Marine Insurance Company (National Fire), and the alleged professional negligence of defendant Brown & Brown Insurance Services of California, Inc. (Brown & Brown), in allegedly failing to procure adequate insurance coverage for the ...

Excerpt: ...regarding the continued deposition. Counsel is ordered to appear at the hearing on this matter, either in person or remotely, to discuss selection of the discovery referee. Plaintiff will pay one-half of the discovery referee's fees and defendants will pay one-half of the fees. The court retains jurisdiction to reallocate the fees at the time of trial or further order. Background: Plaintiff Montecito Country Club, LLC ("MCC") filed its original c...

Excerpt: ...he rights and safety of others" only); and prayer for relief paragraph 4 in its entirety. Any first amended complaint that may be filed by plaintiff must be filed and served on or before September 25, 2023. Background: This action arises from a vehicle collision that occurred on June 16, 2021, on southbound U.S. Highway 101 (the highway). As alleged in the complaint filed in this action on June 14, 2023, plaintiff Maesyn Rose Fitzgibbons was driv...

Excerpt: ...olina Pizarro in the amount of $14,579. CL (2) Counsel are ordered to appear at the hearing on this motion and are to be prepared to discuss whether, and to what extent, other relief may be appropriate pending disposition of the pending petition. Background: On December 7, 2022, petitioner Carolina Pizarro filed her petition for letters of administration and authorization to administer under the Independent Administration of Estates Act the estat...

Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...

Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...

Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...

Excerpt: ...Pacific Palms Condominium Association to enforce judgment is denied. Background: This action commenced on March 8, 2018, by the filing of the complaint by plaintiff Pacific Palms Condominium Association ("PPCA") against defendant Phillip S. Woyak for: (1) Breach of Covenants; and (2) Nuisance. As alleged in the complaint: Woyak owns property that is subject to Covenants, Conditions, and Restrictions ("CC&R's") of PPCA. (Complaint, 2, 5, 7.) Almos...

Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...

Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...

Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...

Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...

Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...

Excerpt: ...aint by plaintiff The Armand Hammer Foundation, Inc. (“AHF”), against defendants Rex K. Alexander, Misty Hammer, Mark L. Alfano, and Bull Canyon, Inc. As neither Alfano nor Bull Canyon have made appearances in this action, Alexander and Hammer will be collectively referred to as “defendants.” As alleged in the complaint: Prior to November 20, 2022, AHF had six members of its board of directors including defendants. (Complaint, ¶ 11.) Fol...

Excerpt: ...ontinued to October 13, 2023.m (3) For all reasons discussed herein, defendants' motion to consolidate and stay the unlawful detainer action is ordered off-calendar, subject to re-filing in accordance with this ruling. (4) To the extent a substitution of counsel for either defendant Jacqueline Rubasky or defendant The Fountain Group, LLC, is not filed and served in this matter by September 11, 2023, counsel shall file and serve an amended motion ...

Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...

Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...

Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...

Excerpt: ...mpany, Jaeseong NA, Dong Ha Lee, and Kim Sung Hwan: Anne Singer For Defendants Galaxy Venture Capital, LLC and Adam Lewis: Jordan D. Hankey TENTATIVE RULING: The motion of plaintiff Nathan Joon-Seok Rim for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $162,038.05 plus 10% interest from July 5, 2023. Plainti...

Excerpt: ...Barnard: Tionna Dolin, James L. Carroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The Court grants plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions. On or before September 28, 2023, or on another date to be determined at the hearing, defendant Gene...

Excerpt: ...TIVE RULING: The Court overrules the demurrer of defendants Maria E. Rangel and Julio Rodriguez Ornelas to plaintiff's complaint. Defendants shall file and serve their individual answers or a joint answer to plaintiff's complaint no later than five days after service of written notice of entry of the Court's order herein, notwithstanding the time periods provided in Code of Civil Procedure section 1013. Defendants shall also serve notice of the C...

Excerpt: ... on the part of defendant and awarding plaintiff $2,000,000 in past non-economic damages and $1,250,000 in future non-economic damages. The jury was polled and the verdict was supported by 11 of the twelve jurors. Judgment was filed on 6/13/2023. Defendant has filed a motion for a new trial pursuant to CCP section 657, 659 or for a remitter pursuant to CCP section 662.5. Plaintiff has filed opposition. The Court finds that the evidence was suffic...

Excerpt: ...al injury action on December 15, 2021, by plaintiff William B. Rosenberg (“Rosenberg”) against defendant The Ritz-Carlton Hotel Company, LLC (“Ritz”). As alleged in the judicial council form complaint, on December 25, 2019, Rosenberg, while a guest at a Ritz property in Santa Barbara, slipped and fell down a marble staircase due to a dangerous and defective condition. (Complaint, ¶ GN-1.) Rosenberg alleges that he suffered wage loss, hos...

Excerpt: ...es. The Neutral entity provider in this case is JAMS. JAMS requires that the parties deposit the fees and expenses for the Arbitration from time to time during the course of proceedings and prior to the scheduled Arbitration Hearing. (JAMS Employment Rules, Rule 31(b).) No due date is specified in the JAMS rules. In fact, the JAMS rules suggest that the responsible party has until the date of the arbitration to pay the fees. The factual aspect of...

Excerpt: ...ENIED. Defendant Yardi Systems Inc.'s Motion for Summary Adjudication as to the Third Cause of Action (Wrongful Death- Negligent Entrustment) is GRANTED. Plaintiffs' Motion to Amend Complaint to allege basis for punitive damages is DENIED. Basis for Ruling/ First and Second Causes of Action: The issue regarding Defendant Yardi Systems, Inc.'s (hereinafter “Defendant Yardi”) vicarious liability for Defendant Bryan Paul Charette's conduct turns...

Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...

Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...

Excerpt: ...lo ATTORNEYS: Plaintiffs John Marinello and Richard Marinello are sellf-represented Barry J. Reagan / Guillermo E. Partida / Gabriele Lashly of Slaughter,Reagan & Cole, LLP for defendants Joan Elaine Spath, Renee Spath, and Walnut Park Associates. TENTATIVE RULING: The motion is granted. Background: Plaintiffs John Marinello and Richard Marinello filed their complaint on April 29, 2021, alleging causes of action against Elaine Spath, Renee Spath,...

Excerpt: ...RULING: The application will be granted, and the court will issue a right to attach order and writ of attachment upon plaintiff's posting of an undertaking in statutorily required amount of $10,000.00. Background: Plaintiffs George LaPlante and Barbara LaPlante filed their complaint on April 17, 2023, alleging causes of action for breach of contract and common counts, and seeking damages of $753,320.00, plus interest. The complaint alleges that o...

Excerpt: ...defendant Simons Urbina-Mena TENTATIVE RULING: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $9,385.72, pursuant to the terms of Code of Civil Procedure section 664.6. Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $17,724.80 was sought in the complaint. On April 14, 2021, the parties entered into a St...

Excerpt: ... Law For Defendants Christian Younger and the Law Offices of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: (1) The Court continues the hearing on the motion to be relieved as counsel to September 18, 2023. On or before September 5, 2023, counsel for plaintiff shall file and serve a supplemental declaration or, alternatively, a proof of service and shall lodge a proposed order in accorda...

Excerpt: ... Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Cross-Defendant L.A Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING, Brighton's motions to compel deposition testimony and production of documents are denied. Background: (1) Plaintiff's Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint...

Excerpt: ...ek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard Lloyd For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: The motion to compel production of documents is denied. Background: Attorney Michael Avenatti (Avenatti) had previously acted as attorney for William Parrish (Parrish) with respect to various matters. In 2016, the tw...

Excerpt: ...nlawful detainer against defendant Luke Strauss (Strauss). As alleged in the complaint, Strauss agreed to rent premises located at 5671 Calle Pacific in Carpinteria, California (the premises) from plaintiff's deceased brother-in-law Brian Daily (Daily) as a month-to-month tenancy pursuant to a written agreement (agreement) dated February 1, 2022. (Complaint, ¶¶ 3.a., 6.a(1), 6.b(4).) Strauss agreed to pay monthly rent of $4,000. (Id. at ¶ 6.a(...

Excerpt: ...on. The Court intends to sign the proposed order submitted by defendant ISL Employees, Inc. Background: On May 31, 2023, plaintiff Antonia Ramirez, individually and on behalf of current and former non-exempt California employees, filed a class action complaint against defendants ISL Employees, Inc. (ISL), The Oak Cottage of Santa Barbara, LLC (Oak Cottage), and ADP Totalsource I, Inc. (ADP) (collectively, defendants) asserting eleven causes of ac...

Excerpt: ...ded complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (8) violation of title 42 United States Code section 1983. Defendants the Santa Barbara County Sheriff's Department, the County of...

Excerpt: ...it 1 to its opposition to defendant's demurrer, on or before August 28, 2023. (2) For all reasons discussed herein, the Court overrules the demurrer of cross-defendant Bernardino Garcia Hernandez to the cross-complaint filed by James P. Gerety. Cross-defendant shall file and serve his answer to the cross-complaint on or before August 28, 2023. Background: The complaint filed in this matter on January 19, 2023, by plaintiff American Mutual Insuran...

Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...

Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...

Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...