Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...

Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...

Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...

Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...

Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...

Excerpt: ...; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitration, ruling the enforcement of Defendant's arbitration ...

Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...

Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...

Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...

Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...

Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....

Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...

Excerpt: ...Yocca Carlson & Rauth, APC for defendants TENTATIVE RULING: The motion for preliminary approval of class action settlement, and for approval of PAGA settlement, is granted. Background: This is a wage and hour action, filed March 24, 2021, in which plaintiff's original complaint alleged causes of action for (1) failure to pay minimum wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and ...

Excerpt: ...asquez, Law Office of Cristi Michelon Vasquez For Defendant Linda Cathleen Dav Duntlev: No Appearance TENTATIVE RULING: 1. The General and Special demurrer of Defendant Smitty's Towing to Plaintiff's Complaint is overruled in its entirety. 2. Defendant Smitty's Towing shall file and serve its Answer to Plaintiff's Complaint on or before March 24. 2022. 3. Smitty's Towing shall also provide notice of this ruling to Plaintiff at all known addresses...

Excerpt: ...n. (Administrative Record [AR] 14.) Bly was monitoring vehicular traffic on El Colegio Road near the UCSB Student Health Building. (Ibid.) As parked, Bly had a clear view of both eastbound and westbound traffic along this stretch of El Colegio Road. (Ibid.) At that time, Sergeant Bly observed a silver Mercedes sedan with tinted windows traveling at a high rate of speed, estimated by Bly to be 60 m.p.h. as it rapidly accelerated past another vehic...

Excerpt: ...e pleading is plaintiffs' third amended complaint (“TAC”), filed on February 4, 2021, for (1) quiet title to express easement and rights of use granted by recorded instrument, (2) quiet title to all water flowing from the subject spring, (3) quiet title to fixtures, (4) declaratory relief, (5) injunctive relief, (6) conversion of personal property, (7) breach of contract, (8) prescriptive easement, (9) equitable easement, and (10) implied eas...

Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...

Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...

Excerpt: ...cas only); 2) negligent (all defendants); 3) negligent infliction of emotional distress –direct victim (all defendants); 4) negligence (all defendants); 5, 6, and 7) negligent infliction of emotional distress – bystander; and 8) negligent hiring (Orcutt Burgers and Zafiris only). On November 8, 2019, Christopher Clayton, while in Orcutt Burgers on Clark Ave., was falsely accused by defendants of possessing, carrying, concealing, and/or brandi...

Excerpt: ... (collectively, defendants) for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud/deceit, negligent misrepresentation, conspiracy to defraud, breach of fiduciary duty, and violations of Business and Professions Code section 17200, et seq. Briefly, plaintiff alleges that defendants, who agreed to invest in renovations necessary for the occupancy at 921 W. Laurel Ave., Lompoc, had in reality “no intentions o...

Excerpt: ...TATIVE RULING: The petition will be granted. Background: This action arises from an automobile accident which occurred on April 27, 2018 on the US 101 northbound, 400 feet north of Los Positas Road, in Santa Barbara. According to the complaint, filed September 23, 2019, defendant Alma Medina negligently operated a vehicle owned by Edgar Fulbright, in a manner which caused injury to plaintiffs Rodney Nall and Teri Nall. In addition to Motor Vehicl...

Excerpt: ...cca Carlson & Rauth, APC for defendants TENTATIVE RULING: The hearing on this matter is continued for one week, to March 14, 2022. As explained below, while the motion seeks approval of a proposed class notice to be provided to the absent class members, that notice was not included in any documents filed with the Court. Based upon the other information before the Court, it intends to grant preliminary approval of the class settlement, and approva...

Excerpt: ...mes Allen Carr and Cross-Defendant Barbara J. Thurman Monica M. Robles for Defendant and Cross-Complainant Rikardo Gonzalez TENTATIVE RULING: The demurrer of defendant Rikardo Gonzalez to plaintiff James Allen Carr's first cause of action for breach of contract is overruled. The demurrer of defendant to plaintiff's second cause of action for fraud by concealment is sustained without leave to amend. The motion of defendant to strike plaintiff's cl...