Excerpt: ...dant Deckers Outdoor Corporation David G. Hagopian / Garrett V. Jensen / Robyn E. Frick of CDF Labor Law LLP for defendant Real Time Staffing Services, LLC TENTATIVE RULING: The motion is granted. On May 6, 2020, plaintiffs submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), which it served on defendants. On June 1, 2020, plaintiffs filed a class action and PAGA claims complaint against...

Excerpt: ...na and Travis Edward Hoyt (both cases): Brian S. Dewey, Bretoi, Lutz & Stele TENTATIVE RULING: Counsel for defendants James Lee Hanna and Travis Edward Hoyt, the moving parties herein, is ordered to appear at the hearing of this motion. As set forth herein, the court will grant the motion to consolidate these actions for all purposes at the hearing of this motion if, but only if, counsel for defendants represents to the court on the record (1) th...

Excerpt: ...rs) preliminarily approved a conditional use permit following a design-review inquiry; the former also (ultimately) granted final approval. Petitioners contend that respondents erred as a matter of law in considering any technical limitations attendant to wind turbine generators when they made the nine-factor design review inquiry contemplated by the appropriate regulatory provision. The court is not persuaded by petitioners' argument. Courts mus...

Excerpt: ...er Schreck, LLP For Defendants William W. Alexander, Margaret Alexander, SEA Enterprises, and SEA Enterprises, Inc.: Jan A. Greben, Christine M. Monroe, Greben Monroe TENTATIVE RULING: (1) The motion of plaintiff Turnpike Center, LLC, to stay all proceedings in this action is denied. (2) On its own motion, the court continues the hearing of the motion of defendant SEA Enterprises, Inc., to compel further discovery responses and documents now set ...

Excerpt: ...day for Plaintiff James Herb, an individual on his own behalf and in his representative capacity on behalf of all others similarly situated Sarkis A. Atoyan for Defendant Finney's Funk Zone, LP TENTATIVE RULING: The motion of plaintiff James Herb, individually and in his representative capacity, for an order approving the PAGA settlement is granted as set forth herein. BACKGROUND: This is a wage and hour action brought pursuant to the Private Att...

Excerpt: ...intiffs Dorrie Powell and Harold Powell: John Kirk Boyd; David Williams For Defendant Edmund Marroquin: Robert T. Mackey, Gregory B. Selarz, Serena L. Nervez, Veatch Carlson, LLP TENTATIVE RULING: (1) The demurrer of defendant Edmund Marroquin to the first amended complaint of plaintiffs Dorrie Powell and Harold Powell is sustained, with leave to amend, as to the third, fourth, and fifth causes of action and is otherwise overruled. (2) For the re...

Excerpt: ...ction. Plaintiff is Lilian Sohrabian. Defendants are Shenzen MXJO Technology Company, Ltd. (“MXJO”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale lithium ion batteries for use in electronic cigarette vaping devices, Sysmax Industry Company, Ltd. (“Sysmax”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale chargers for lithium ion batterie...

Excerpt: ... admitted, it is denied. To the extent the motion seeks to compel responses to discovery without objections, it is granted. Defendant is ordered to provide responses, without objections, to requests for admissions, special interrogatories, form interrogatories, and the demand for production, on or before December 3. Should defendant file a motion for relief from waiver of objections on or before December 3, the court-ordered response date will be...

Excerpt: ...ez, Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez: Self-represented TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows that a triable issue of material fact exists, the court will grant Bank's motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in su...

Excerpt: ...ts Reicker, Pfau, Pyle & McRoy LLP and Diana Jessup Lee to plaintiff's complaint is sustained. The demurrer of defendant Rachel M. Tobler to plaintiff's complaint is sustained. Plaintiff did not oppose either demurrer or make any offer of proof as to what he would allege to state a viable cause of action against defendants and therefore the demurrers will be sustained without leave to amend. BACKGROUND: This action concerns the handling of an est...

Excerpt: ...enant of and right to quiet enjoyment and possession of property; (3) nuisance; (4) negligence; and (5) violation of Civil Code section 1942.4. The complaint identifies a sixth cause of action in the caption (violation of Civil Code section 1942.5), but includes no supporting allegations in the body of the complaint.[1] On June 15, 2021, defendants filed a motion for summary adjudication of the 2 nd cause of action for breach of covenant to quiet...

Excerpt: ...ndants CanJV, LLC, MSLTD, LLC, Lee McPherson, and Christopher Beary James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: The demurrer of cross-defendants to the cross-complaint of Fiore Management, LLC is sustained. The Fiore cross-complaint is ordered abated pending the outcome of Case No. 21CV01196. BACKGROUND: This action arises out of an investment dispute. Plaintiff Canndescent JV, LLC (“CanJV”) is a Texas limited li...

Excerpt: ... Plaintiff McCoy Electric Corporation Richard H. Glucksman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stuart Rubin Gabriel Z. Reynoso for Cross-Defendant and Cross-Complainant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant and Cross-Complainant Creston Electronics, Inc. TENTATIVE RULING: The motion of cross-defendant and c...

Excerpt: ...Cross-Complainant James A. Carr and Defendant Punta Gorda 1317, LLC: John J. Thyne, III, Thyne Taylor Fox Howard, LLP TENTATIVE RULING: The motion of defendants James A. Carr and Punta Gorda 1317 for an order expunging the notice of pendency of action (lis pendens) is granted. The court will address all issues regarding moving parties' request for an award of attorney fees upon a subsequently filed noticed motion. Background: As alleged in plaint...

Excerpt: ... (robotics physician assistant), which she voluntarily left in late 2020. Before the Court this day is a single motion by plaintiff to compel further discovery responses as follows:  SRog Nos. 7-12, 13-14, 16-18, 24, 27, 37-38, 57, 60-68, and 73;  FRog (Empl) Nos. 201.1, 201.2, 201.5, 201.6, and 207.2;  FRog (Gen) Nos. 15.1 and 17.1;  RPD Nos. 4, 8, 9-15, 19, 22-26, 28-30, 34-35, 37-39; and  RFA No. 10 Although these should have be...

Excerpt: ...onference, on or before November 16, 2021, as to each issue raised in defendants' demurrer and motion. A revised opposition, or alternatively, an amended complaint, may be filed on or before November 29, 2021; a revised reply may be filed on or before December 3, 2021. Background: On August 31, 2021, De La Torre filed her complaint asserting five causes of action: (1) age discrimination; (2) sex discrimination; (3) failure to prevent discriminati...

Excerpt: ...ties have selected an arbitrator and a date for arbitration. If that has not been done, this Court will select the arbitrator and a date for the arbitration. Status reports due one week in advance. Analysis This a private fee dispute between law firm and client regarding services rendered by law firm to client in a number of “Filippini” lawsuits currently underway in this courthouse. This is purely a dispute over fees. Background Facts The sa...

Excerpt: ...o Settlement Agreement RULING For the reasons set forth herein, the motion of plaintiff State Farm Mutual Automobile Insurance Company to vacate the dismissal and enter judgment pursuant to the settlement stipulation is continued to December 7, 2021, at 10:00 a.m. Counsel for plaintiff shall serve notice on counsel of record for defendant and also on the defendant personally on or before November 9, 2021, and shall file proof of such service on o...

Excerpt: ...sanctions, is continued to November 30, 2021, at 10:00 a.m. Counsel are ordered to meet and confer in person or by telephone/ video conference on or before November 12, 2021, which meet and confer is to be initiated by counsel for defendant Canopy Club, to discuss the disposition of this motion. On or before November 16, 2021, (1) the parties are to file a stipulation, including a proposed order, to the extent agreeable, resolving all or part of ...

Excerpt: ...is is an action for damages resulting from a motor vehicle collision. Plaintiff is Rick J. Candito. Defendants are Teresa Melgoza (“Melgoza”) and John Lubbers (“Lubbers”). On August 16, 2017, plaintiff was driving near the intersection of Mission Street and Castillo Street in Santa Barbara when his vehicle was struck by a vehicle driven by Melgoza and owned by her son-in-law, Lubbers, resulting in injuries and damages to plaintiff. At the...

Excerpt: ...to control, short-tempered, and unsuitable for public events), with knowledge of the dangerousness. Plaintiff was unaware of the traits of the horse when she was instructed to mount; she was never allowed to “adjust the saddle or stirrups herself,” and as the guided trail ride began, plaintiff noticed the “horse was tripping over his own feet, failing to adhere to the commands by Plaintiff and otherwise acting in an ‘irritable' manner.”...

Excerpt: ...William C. Makler for Petitioner Jhonnatan I. Lemus Diaz Lauren E. Sible, Deputy Attorney General, for Respondent Steven Gordon, Director, California Department of Motor Vehicles TENTATIVE RULING: The petition for writ of mandate of Jhonnatan I. Lemus Diaz to set aside the suspension of his driver's license is denied. BACKGROUND: On April 19, 2021, petitioner Jhonnatan I. Lemus Diaz was arrested for driving under the influence after California Hi...

Excerpt: ...irling, Hale & Miller, LLP for defendant TENTATIVE RULING: For the reasons more fully articulated below, the demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On Apri...

Excerpt: ..., plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was s...

Excerpt: ...Michael Johnson, as Trustee of the Michael and Christina Johnson Family Trust (“Johnson”). Defendants are Skylar L. Gauss, individually and as Trustee of the La Cumbre Ranch Living Trust dated January 31, 2001, and Aaron Valdis Gauss (together, the “Gauss Defendants” or “defendants”). At the time of the events in this case, Saticoy owned and later deeded to Johnson certain real property identified by the Assessor for Santa Barbara Cou...