Excerpt: ...nd judgment for the Court's signature. The Court shall retain jurisdiction over the parties to enforce the settlement until in full of the terms of the settlement. Background This action commenced on May 4, 2021, by the filing of the judicial council form complaint by Plaintiff Santa Barbara Cardiovascular Medical Group, Inc. (SBCMG) against Defendants PRS Credentialing Services, LLC (PRS) and Larry G. DeHoyos. The complaint contains causes of ac...

Excerpt: ...ses and documents responsive to Evgenia Quaid's request for production of documents. ATTORNEYS: Craig S. Granet / Claire K. Mitchell of RIMON, PC 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 RULINGS: The Turicchis' motion to modify the sublN)ena iss...

Excerpt: ... For Defendants AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crummer, Jay Caplan, Marybeth Hammond, and Defendant and Cross-complainant Farm and Ranch Management LLC: Lance M. Williams, Amanda D. McGee, Boren, Osher & Luftman, LLP TENTATIVE RULING: (1) Defendant Heirlcx)rn Valley, LLC's request for issue or evidentiary sanctions will be denied without prejudice; (2) Plaintiff Jesse Zaragoza shall comply with the August 7, ...

Excerpt: ... Ian Alban Stewart, Sr., and Ian Alban Stewart, Jr. : J. Paul Gignac, Rimon, TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust, for a right to attach order and for issuance of a writ of attachment is denied. Background: On October 27, 2022, plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust (MMS Trust), filed his original complain...

Excerpt: ...to Form Interrogatories, Special Interrogatories, Demands for Production, Requests for Admission Motons to compel further responses from Steven Fairly to Form Interrogatories, Special Interrogatories, Demands for Production, ATTORNEYS: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits...

Excerpt: ...e loss of the hard drives to the trier of fact. The court awards monetary sanctions in favor of plaintiff California State Lands Commission and against defendant and cross- complainant Signal Hill Service, Inc., in the amount of $13,200.W, to be paid to counsel for plaintiff on or before December 15, 2023. In all other respects the motion is denied. Background: On August 14, 2019, plaintiff State Lands Commission (Commission) filed its complaint ...

Excerpt: ...urt at this time. Background: The first amended complaint (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termi...

Excerpt: ...agreement discussed herein together with the affidavit or declaration required by this ruling. (3) On or before November 29, 2023, Ply Gem shall file and serve a supplemental moving brief, if appropriate, in accordance with this ruling. (4) On or before December 6, 2023, Hayward shall file and serve its response to any supplemental brief that may be filed by Ply Gem in accordance with this ruling. (5) No party shall file any additional papers not...

Excerpt: ... Josue Gamino, and Diego Rodriguez Garcia filed their original complaint in this achon against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC general...

Excerpt: ...ant 1604 Sunset Plaza LLC: unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. 4. Defendant Preferred Bank's motion for summary judgment is granted. Defendant Preferred Bank's motion for terminating sanctions is granted. The trial date of 11/29/23 is ordered off calendar. Prefer...

Excerpt: ...ourt has reviewed the proposed order submitted with the motion and intends on signing the same. The relevant terms include: 2. 3. 4. 5. 6. Preliminary approval of the settlement set forth in the Class Action Settlement Agreement is granted; The settlement class is conditionally certified; Cristina Calzada-Guido is provisionally as the representative of the settlement class; Arby Aiwazian, Joanna Ghosh, and Yasmin Hosseini of Lawyers for Justice, ...

Excerpt: ...acific Premier Bank to compel arbitration is granted. Plaintiff's claims against Defendant shall to arbitration. This litigation shall be stayed the completion of arbitration. The Court will set a follow-up CMC for 11/20/24 at 8:30am dismiss the case if everything is done. Background This action relates to the disbursement of insurance proceeds following a fire at property owned by the Gregg Welsh Revocable Trust U/T/D dated August 31, 2015 (the ...

Excerpt: ...ile under seal of Plaintiff John Doe #3 is granted. Plaintiff's exhibits 7, 8, and 19, which were lodged with this Court on August 16, 2023, in support of Plaintiff's opposition to Defendant Santa Barbara Unified School District's motion for summary judgment, are ordered filed under seal. No other Court records or records relating to the case are to be sealed at this stage of the proceedings. Only the Court, the parties named in this action and t...

Excerpt: ...S: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits LLP TENTATIVE RULING: Defendant's motions to compel further responses from Carina Fairly to Form Interrogatories, Interrogatories, Demands for Production and Requests for Admission are denied, without prejudice to the filing of futu...

Excerpt: ...ty District Attorney; Hydee Feldstein Soto, Kathleen A. Kenealy, William R. Pletcher, Miguel J. Ruiz, Louisa O. Kirakosian, Office of the Los Angeles City Attorney For Defendant Sunseeker Enterprises, Inc., dba Sun Firedefense: Michael N. Sofris, Action Legal Team For Defendant James E. Moseley: Self-represented TENTATIVE RULING: To the extent set forth herein, the motion of plaintiff People of the State of California for issuance of a preliminar...

Excerpt: ...nt Berylwood Heights Mutual Water Company: Joseph A. Salazar, Jr., Lewis Brisbois Bisgaard & Smith LLP For Amici Curiae Las Posas Farming Group: Matt Kline, Barton (Buzz) Thompson, Russell McGlothlin, Heather Welles, O'Melveny & Myers LLP RULING For all reasons discussed herein, the motion of Plaintiff US Horticulture Farmland, LLC, to strike costs is denied. The Court confirms an award of costs in the amount of $14,572.74 in favor of Defendants ...

Excerpt: ...glor, Littler Mendelson, P.C. For Defendant Zeb Albert: No appearance For Defendant Caroline Neufeld: No appearance RULING This case is also on the CMC Calendar for 11/8/23; the CMC and the CL&M matters will both be called on the 10 am Calendar; no appearance necessary for the 8:30am CMC Calendar. The Trial Date of 4/24/24 is CONFIRMED For the reasons set forth herein: 1. The motion to compel further responses to requests for production of docume...

Excerpt: ... possession is granted. The Court will sign the prolN)sed order submitted by City of Goleta. Background Plaintiff City of Goleta ("City") filed its complaint in eminent domain on August 8, 2023, against Defendants County of Santa Barbara, Santa Barbara Flood Control and Southern California Gas Company. As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associa...

Excerpt: ...n, the motion of Plaintiff Tine F. Sloan to enforce the 2018 Roadway Easement Use And Maintenance Agreement and for liquidated damages, attorney fees, and restoration of a modified fence is denied. Background Plaintiffs Tine F. Sloan (Sloan) and Michael Corrigan (Corrigan) (collectively, Plaintiffs) filed this action against Defendant Gregg Patronyk (Patronyk) on August 20, 2019, to enforce the terms of a 2018 Amended and Restated Roadway Easemen...

Excerpt: ...sed herein, the demurrer of Defendant IV Properties, Inc., to Plaintiffs' complaint is overruled. (2) For all reasons discussed herein, the motion to strike of Defendant IV Properties, Inc., is denied. Background Plaintiffs Kaia Leibo Benjamin Richardson (Richardson), and Abby Wilbur (Wilbur) (collectively, Plaintiffs), individually and on behalf of others similarly situated, filed their original class action complaint in this matter on September...

Excerpt: ...icles: Rob Bonta, Gary S. Balekjian, Catherine E. Wise, Office of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of respondent for mandatory dismissal of this is granted. This matter shall be dismissed without prejudice. Background: On December 18, 2017, #titioner Patricia A. McNally filed her verified petition for writ of administrative mandamus or mandate, alleging that respondent Jean Shiomoto...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...-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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...