Excerpt: ...c. et al. Case No. 20CV01587 (Judge Sterne) Hearing Date: January 24, 2022 Tentative Ruling: This is essentially an unfair business practices suit. Plaintiff generally alleles that he was subjected to disparate care because he was a Medi-Cal patient. Before the Court this day are four discovery motions filed by plaintiffs, seeking further responses to discovery. Civil Discovery Overview The basic purpose of discovery is to take the “game” ele...

Excerpt: ...William D. Ausman / Gregory E. Martin of 805 Law Group, Inc. for plaintiff Linda Boicourt Tom Shapiro of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: For the reasons articulated below: (1) The motion for leave to take a second deposition of plaintiff is granted. (2) The motion to compel City to provide responses to Request for Admissions Nos. 36-49 is denied. However, Nos. 36-49 and the attorney declaration previou...

Excerpt: ...ent Pursuant to Terms of Signed Settlement ATTORNEYS: Callie Kim, Deputy County Counsel, for Plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer Susan Marie Whalen for Defendant California Asphalt Production, Inc. TENTATIVE RULING: The motion for entry of judgment of plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer, is denied wit...

Excerpt: ...rk, et al., v. Golomb, et al., case No. 17CV00966 (the Negligence Action), filed on March 6, 2017. In the Negligence Action, plaintiffs Matthew and Erin Quirk allege that Matthew Quirk was walking on the sidewalk in front of Trader Joe's market when a Toyota vehicle operated by defendant Berl Golumb struck him, taking him crashing through the glass front doors to the interior of the market. (Negligence Action Complaint, ¶ 11.) The Quirks further...

Excerpt: ...lizabeth Orr was driving directly behind the Vaughn vehicle. The Orr vehicle allegedly impacted with the Vaughn vehicle which, in turn, impacted with plaintiff's vehicle. Plaintiff filed his complaint on July 28, 2020, naming as defendants the operators and owners of the adverse vehicles. The Vaughn defendants were dismissed, without prejudice, on November 9, 2020. In the aftermath of the accident, plaintiff has undergone surgeries to the lumbar ...

Excerpt: ...ce and breach of fiduciary duty. Plaintiffs are Tony Huang, G25 Ventures LLC, and ST Management LLC (together, “Plaintiffs”). Defendants are Peter Candy and the law firm of Hollister & Brace, APC (together, “Defendants”). In August 2017, following passage of the California Medical Marijuana Regulation and Safety Act (the “Act”), Plaintiffs started cultivating medical marijuana on real property they leased at 5892 Via Real, Carpinteria...

Excerpt: ...d: (1) failure to pay all overtime and double time wages; (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 Arbitra...

Excerpt: ... Defendant takes issue with supplemental responses to Form Interrogatories Series 8, but those are not expressly set out in the Notice of Motion or the Separate Statement as being subject to this motion. There is also reference to a “Supplemental RPD” but that too is not clearly framed by the Notice or the Separate Statement. The basic purpose of discovery is to take the “game” element out of trial preparation by enabling parties to obtai...

Excerpt: ...ndants. Within the premises liability cause of action, plaintiff alleged: "Defendants and DOES 1 TO 50 owned and/or controlled certain real property located at 5088 Rhoads Ave., Santa Barbara, CA. Defendants owed Plaintiff a duty to maintain their property in a safe condition, and to abate the same and/or warn the public. Defendants breached said duties by maintaining their walkway in an unsafe condition, posing a significant trip hazard. Plainti...

Excerpt: ...rike portions of plaintiff's first amended complaint is denied. BACKGROUND: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) in Goleta, California, a 42-acre site that had been used as an oil pipeline terminal and petroleum processing facility. In 2015, the owner of the property was ordered to remediate all contamination at the site and retained defendants AECOM, Inc. and A...

Excerpt: ...ing a skull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in...

Excerpt: ... Class Action Settlement RULING Plaintiff's motion for final approval of class action settlement is granted as set forth herein. BACKGROUND This is a class action wage and hour lawsuit. By this motion, plaintiff David Andrade, on behalf of himself and all similarly situated current and former employees, seeks final approval of the proposed settlement with defendant General Dynamics Mission Systems, Inc., a company that designs and manufactures co...

Excerpt: ...natively for Summary Adjudication RULING For the reasons set forth herein, the motion of plaintiff MSLTD, LLC, for summary judgment or alternatively for summary adjudication is denied. Background On January 18, 2019, plaintiffs MSLTD, LLC (MSLTD), Lee McPherson, and CanJV, LLC, and defendant Fiore Management, LLC (Fiore) entered into a written Settlement Agreement and Release (Settlement Agreement). (Defendant's Response Separate Statement [DSS],...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue GWD's request to file a FAC Ruling The request to file the FAC is GRANTED. File the FAC forthwith. Analysis GWD has moved for leave to file a FAC. GWD represents that they are seeking to amend the complaint to conform to the proof they provided at the first Phase I trial, in which ...

Excerpt: ...elow, the Court will deny the motion to strike at this time. Background In September, 2021, this Court denied plaintiff's motion for class certification, related to her cla i Company, had violated Labor Code sections 201-203 in issuing she and members of the putativ e which could—but would not necessarily—cause the user to incur fees, without obtaining their w its understanding of the facts, arguments, evidence, or its analysis of the certifi...

Excerpt: ...unt y shall recover costs Background Prior to the trial of this action, defendant served plaintiff with a Code of Civil Procedure sectio n amount of $600,000. Plaintiff subsequently served defendant with a Section 998 settlement offe r County prevailed at trial, and subsequently filed and served its Memorandum of Costs, seeking r costs, including $1,423.99 in jury fees (Item 2), $19,707.70 in deposition costs (Item 4), $62,23 2 8), $2,605.50 in c...

Excerpt: ..., Walter J. Henning, individually, as trustee of the Walter C. Henning Trust, and as trustee of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Eric B. Gans, George L. Staab For Defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC TENTATIVE RULING: For the reasons set forth herein, the motion of defendant John ...

Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...

Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...

Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...

Excerpt: ...intiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...

Excerpt: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...

Excerpt: ...s an unopposed motion by the defendants to quash, or secure protection from, pending deposition notices. On or about 11/02/21, plaintiff caused to be served upon defendants a Third Continued Notice of Deposition of James Moseley and a Fifth Amended Notice of Deposition of Sunseeker Enterprises, Inc's PMK. The parties had been previously engaged in meet and confer efforts to schedule the referenced depositions, but with only partial success. At is...

Excerpt: ...her Responses to Form Interrogatories and Responses to Requests for Admissions Tentative Ruling: This is a personal injury action, stemming from a head-on automobile collision occurring on 09/14/19 on Highway 154. Plaintiff alleges that defendant-driver Antunez was intoxicated and distracted, causing him to cross over the center divider lines and into on- coming traffic. Plaintiff sustained serious injuries, as did others involved in the same col...

Excerpt: ...dana: Elliot J. Siegel, Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of plaintiff Yvonne Saldana to the first amended answer of defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposit...