Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...

Excerpt: ...d herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or, in the alternative, summary adjudication, is denied. Background The first amended complaint ( AC) filed in this matter on August 24, 2022, by Plaintiff John Doe #3 (a pseudonym used for these litigation purposes) is the operative pleading. As alleged in the FAC: Plaintiff Doe was the victim of unlawful sexual assault, abuse, and other misconduct ...

Excerpt: ...October 18, 2023, by the filing of the complaint by plaintiff Eric Phillips ("Phillips") against defendant Bruker Nano, Inc. ("Nano") alleging causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Violation of Government Code section 12940, subdivision (a); (3) Violation of Government Code section 12940, subdivision (m); (4) Violation of Government Code section 12940, subdivision (n); (5) Violation of Government Code s...

Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...

Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...

Excerpt: ...ion of the first and second causes of action of the fourth amended cross-complaint of Signal Hill Service, Inc., and cross-complainant Carone Petroleum Corporation. Summary judgment is granted in favor of cross-defendant California State Lands Commission and against cross-complainant Carone Petroleum Corporation. In all other respects, the motion is denied. Background: Plaintiff State Lands Commission (Commission) and defendant Signal Hill Servic...

Excerpt: ...duction Nos. 104 and 105, and that such disobedience has had the effect of suppressing discoverable evidence. These findings will be considered by the court in determining appropriate jury instructions and in ruling on appropriate motons in limine at the time of trial. The court additonally grants monetary sanctions in fawr of plaintiff Vranish and against defendant Raytheon and its counsel, Gordon Rees Scully Mansukhani, LLP, jointly and several...

Excerpt: ...Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine 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...

Excerpt: .... (3) Plaintiffs shall file and serve their second amended complaint on or before January 19, 2024. Background: Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed a complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mit...

Excerpt: ...iffs shall file and serve their second amended complaint, in the form attached to plaintiffs' non- oppositions to the demurrer and motion to strike of Kone, on or before January 19, 2024. Background: Plaintiffs Benjamin Kenan (Benjamin) and India Kenan (India), by and through her guardian ad litem Benjamin (collectively, plaintiffs), filed a complaint for damages on March 25, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, ...

Excerpt: ...ty"]: Barbara A. Carroll; Callie Patton Kim Issue (1) Hearing on return on Remittitur; (2) County's request to lift the stay", (3) to dissolve the preliminary injunction; (4) to deny the Petition for writ of mandate and (5) to reconsider this Court's ruling on the 1st cause of action in the County's Cross-complaint. Rulings 1. The Court lifts the stay of the litigation in its entirety imposed on June 12, 2023. 2. The Court immediately dissolves t...

Excerpt: ...ated May 29, 2019: Melissa Fassett and Jeff F. Tchakarov TENTATIVE RULING: 2. 3. 4. Defendants' demurrer to the ninth and fourteenth causes of action is sustained with leave to amend. Defendants' demurrer is overruled as to all other causes of action. Plaintiffs shall file and serve their first amended complaint no later than January 29, 2024. Plaintiffs shall not add any new causes of action without first obtaining permission of the court to do ...

Excerpt: ...rrer of defendant Ambrose Harris is overruled. Ambrose Harris shall file an answer to the complaint no later than January 17, 2024. Background: This action was commenced on November 14, 2023, by the filing of the complaint for unlawful detainer by plaintiff 520 Carrillo, LLC ("Carrillo") against defendants Mikaila Harris and Ambrose Harris. The complaint alleges non-payment of rent for premises located at 522 W. Carrillo Street, number 3, in Sant...

Excerpt: ...C: Default taken TENTATIVE RULING: The motion of plaintiff Steve Schwab for terminating sanctions is granted. Defendant Christopher Bowen's answer is stricken, and default judgment shall be entered against defendant Christopher Bowen and in favor of plaintiff Steve Schwab. Counsel for plaintiff shall prepare the judgment. Background: On March 16, 2023, plaintiff Steve Schwab filed his complaint for breach of contract against defendants Christophe...

Excerpt: ...st dated May 29, 2019: Melissa Fassett and Jeff F. Tchakarov TENTATIVE RULING: 2. 3. 4. Defendants' demurrer to the ninth and fourteenth causes of action is sustained with leave to amend. Defendants' demurrer is overruled as to all other causes of action. Plaintiffs shall file and serve their first amended complaint no later than January 29, 2024. Plaintiffs shall not add any new causes of action without first obtaining permission of the court to...

Excerpt: ...ocuments (Set One) as to Defendant Jaguar Land Rover North America, LLC ATTORNEYS: For Plaintiffs Gerardo Trujillo Morales and Luis Gerardo Morales: 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: Plaintiffs' motion to compel further resp...

Excerpt: ...oduction of Documents Nos. 14, 15, 21, and 22, and to do so on or before January 25, 2024. Background: On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the university of California, the University of California Santa Barbara, and the University of California Santa Barbara Police Department (collectively "Regents") in Case No. 21CV01256, alleging causes of action for racial discrimination in violation of the Fai...

Excerpt: ...aims or further order of the court, litigation of all other claims is stayed. Any demurer to the FAC as to these claims may be filed and set for hearing after the stay is lifted. (2) On the court's own motion, the November 29, 2023, Further Case Management Order is vacated. The parties are ordered to meet and confer as to a new case management conference order consistent with the guidelines set forth herein and the court's October 6, 2023, order,...

Excerpt: ...nty Counsel RULING For all reasons discussed herein, plaintiff Linda Cobb's Motion to Tax Costs of the County of Ventura is denied. The County of Ventura shall recover all costs contained in its memorandum of costs filed and served on November 17, 2023. Background Plaintiff Linda Cobb filed her complaint in this matter on August 8, 2022, alleging three causes of achon against defendants the Superior Court of California for the County of Ventura (...

Excerpt: ...rther responses to requests for production of documents (set one) and for sanctions is denied in its entirety. Background This action was commenced on April 6, 2023, by the filing of the complaint by Tyler Powell against Defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of C...

Excerpt: ...sustained without leave to amend. 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 respondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who lives and works in the City of Santa Barbara. Petitioner alleged that in 2014, a 23-acre property lo...

Excerpt: ...catello, 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 Emails: [email protected]; [email protected]: [email protected]: rforouzandeh@rp [email protected]; [email protected]; RULING For all reasons discussed herein, Defendants' motion for sanctions i...

Excerpt: ...n Sclar (San Francisco) and Devin M. Senelick (Los Angeles) of Hooper, Lundy & Bookman, P.C. for Defendants/Respondents County of Santa Barbara, County of Santa Barbara Board of Supervisors, County of Santa Barbara Department of Public Health, and Santa Barbara County Fire Protection District. Rob Sonta / Darrell W. Spence / Kevin L Quade of the Attorney General's Offce on behalf of Amicus Curiae California Emergency Medical Services Authority. J...

Excerpt: ...ch; Patrick J. Glinka Attorneys for Defendant/cross-complainant, Alberto Santiago Sigala; ["Sigala"l; David Holnagel, Matthew P. Stone, Stone Kalfus Attorneys for Defendant Commodity Trucking Acquisition dba Tri County Transportation ["Commodity"]: David J. Byassee, Shannon Lamb, Jose Yanez, Plain Legal PC Attorneys for Jonathan Jair Montoya and Aida Araceli Fierros Villarreal ["Montoya" and "Villarreal"]: Robert L. Reisinger Attorneys for Jonath...

Excerpt: ...iled by Schwobs against the Crosbys. County's demurrer and motion to Strike the First Amended Verified Complaint for Damages and Injunctive Relief filed by Schwobs. Rulings Since there is no opposition, the demurrers and motion to strike are granted. The Court believes there will be no opposition against the filing of the 2AC; please meet and confirm. If there is no opposition the Court will grant the request to file the 2AC attached to the Plain...