Excerpt: ...For Defendant Roy T. Begun: Self-Represented For Defendant Mike Phelan: Christopher M. Cotter For Defendant Kenneth Lee Tippery: Self-Represented For Defendants Natalia Kyme Stallworth and The Estate of Natalia Kyme Stallworth: No appearance RULING For the reasons set forth herein: The demurrer of California Highway Patrol to Plaintiffs' complaint is sustained with leave to amend. Plaintiffs shall file and serve their first amended complaint, if ...

Excerpt: ...iscussed herein, the motion of Defendants Anthony C. Romero, M.D., and Santa Barbara Orthopedic Associates, Inc., for summary judgment or, in the alternative, summary adjudication, is granted. Defendants shall submit a proposed order in accordance with this ruling. The Trial date of 1/24/24 is vacated. Background Plaintiff Cesar Peralta filed his operative first amended complaint (FAC) in this matter on September 19, 2022, against Defendants Anth...

Excerpt: ...ded complaint is granted. Plaintiff shall file and serve the second amended complaint no later than December 15, 2023. Background: This action was commenced on April 27, 2023, by the filing of the complaint for unlawful detainer by Dario L Pini dba DP Investments ("Plaintiff") against Amber Asher ("Defendant"). Following demurrer, plaintiff filed his first amended complaint ("FAC"). The FAC alleges that defendant has been renting premises located...

Excerpt: ...a T. Price Demurrer to complaint by defendant Jamie Cathleen Green Motion to strike by defendant Jamie Cathleen Green ATTORNEYS: Tamineh Roshanian of Roshanian Payman PC for plaintff Nicole Emily Jordan Kenny C. Brooks / Michael McCarthy of Nemecek & Cole for defendants Rogers Sheffield & Campbell, LLP and Sheila T. Price, as co-personal representative of the Estate of Homer G. Sheffield, Jr., deceased Rachel Van Mullem / Jennifer J. Lee of Count...

Excerpt: ...r Tribe, LLC and Scott Wilkinson's Motion to Strike Portions of Cross- Complaint of Roulette William Smith ATTORNEYS: For Plaintiff and Cross -Defendant KNM Outdoor Tribe, LLC and Cross-Defen dant Scott Wilkinson: Randall Fox and Jill L Friedman For Defendant and Cross-complainant Roulette William Smith: Mark T. Coffin TENTATIVE RULING: The demurrer to the cross-complaint of Roulette William Smith against cross-defendants KNM Outdoor Tribe, LLC a...

Excerpt: ...r to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Blake Rogers. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (originally Pedrewski room, changed to white room) since September 2022 for $1,395.00 as a month-to-month te...

Excerpt: ...e and serve her answer to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Anastasiya. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (Originally Dubai Room, changed to Old Fashioned Room) since April 2023, for $2,590.00 as...

Excerpt: ...or plaintiff the verified declaration(s) of one or more persons with personal knowledge of the search for responsive documents stating affirmatively that a reasonable and diligent search has been conducted as to the specific category of documents for which a further response is required, and that the documents produced as identified to each specific category of documents consist of all documents responsive to the request except: (i) documents wit...

Excerpt: ...LC, Goleta Self Storage Partners, LLC, Union Pacific Railroad Company, AT&T Corporation, AT&T Communications — East, Inc., Goleta Sanitary District, Thorofare Asset Based Lending Reit Fund V, LLC, and State of California Department of Transportation ("CalTrans"). As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associated Temporary Construction Easement ov...

Excerpt: ...ntiff shall file and serve a first amended complaint on or before December 18, 2023. Background: This action arises out of the purchase of a vehicle manufactured by defendant General Motors, LLC (GM). As alleged in the complaint filed by plaintiff Thomas Schiferl on August 8, 2023: On September 16, 2020, plaintiff travelled to Bunnin Chevrolet in Santa Barbara, California, to acquire a safe and reliable electric vehicle that would be able to go a...

Excerpt: ...er Properties, LLC ("JCP"), James Bradford Jellison, and Teresa M. Jellison. On June 5, 2023, plaintiff filed the operative first amended complaint ("FAC") setting forth causes of achon for negligence and premises liability. As alleged in the FAC: On May 30, 2022, Trejo was lawfully on the property located at 6505 Camino Carreta, in the City of Carpinteria, California 95204. (FAC, "1 5, 11. "Defendants requested that Plaintiff perform this danger...

Excerpt: ...fendant shall file and serve its answer to plaintiffs' first amended complaint on or before December 28, 2023. Background: Plaintiffs Peter Jorgensen and Andrea Jorgensen (collectively, plaintiffs) filed their operative first amended complaint (FAC) in this matter on July 26, 2023. As alleged in the FAC: In 2018, plaintiffs purchased a home located at 5575 Somerset Drive in Goleta, California (the property). The City of Goleta (the City) has owne...

Excerpt: ... 2/7/24 and the MSC date of 1/19/24 are confirmed. The final CMC set for 12/13/23 is vacated. Background On June 28, 2022, Plaintiff Carizona Properties (Carizona) filed its complaint against Defendants FRI-M, LLC (FRI-M), and Sharis CP, LLC (Sharis CP) (collectively, Defendants). The Judicial Council form complaint asserts one cause of action for breach of contract. As alleged in the complaint: On December 20, 1973, Carizona entered into a writt...

Excerpt: ...1. Motion to Withdraw: The proposed order attorney Mr. Lynn submitted cannot be signed as is and must be resubmitted for signature after correction by the attorneys. They provide that the attomey is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. S.a. checked (which provides that "[a]ttorney is relieved as counsel of record for cli...

Excerpt: ... not provided to the propounding party prior to the hearing on the motion. Sanctions are a deemed admissions motion. Sanctions are awarded in the amount of $6,000 and to be paid by the Defendant and/or Defendant's counsel by 1/1/24. Analysis There are 2 motions to compel any discovery responses, and one motion for deemed admissions, set for hearing; Defendant opposed the motions on several grounds, which are fully set forth in their papers: (1) C...

Excerpt: ...f plaintiff Cesar "Tito" Arriaza to lift the stay of proceedings is denied. Background: On January 19, 2022, plaintiff Cesar "Tito" Arriaza filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2598 et seq. (the Labor Cade Private Attorneys General Act of 2004 or PAGA). Arriaza contends that he began working full time for Birnam Wood in as an "accounts payable (AP) / Pay...

Excerpt: ...G (1) For all reasons discussed herein, the verified petition for writ of mandate of Petitioner Jay Hotchner is denied. (2) For all reasons discussed herein, the application to seal the memorandum in support of Petitioner Jay Hotchner's writ of mandate is denied. Petitioner's memorandum of points and authorities in support of Petitioner's writ of mandate, lodged conditionally under seal on Cktober 13, 2023, shall be filed in the public record. (3...

Excerpt: ...all be filed by 12/4/23. 2. The motion to seal is granted. Counsel to submit to the Court a order which satisfies the requirements of Rule 2.55(Md) and (e). 3. The Trial [hte of 1/31/24 is continued to 5/29/24; the MSC set for 1/5/24 is continued to 5/2/24; another CMC is set for 3/27/24 at 8:30am. Motion to file a AC Pursuant to Code of Civil procedure section 473(a)(1), the Court may, in furtherance of justice, and on any terms as may be proper...

Excerpt: ...e motion of Defendant Roe 2 for judgment on the pleadings is denied. Background As alleged in the first amended complaint (FAC): Defendant Roe 1 was the principal at a public elementary school owned by Defendant Roe 2 and located in Santa Barbara County, California. (FAC, GN-I [first cause of action], Prem.L-3 & L-5.a [second cause of action], IT-I [third and fourth causes of action].) Between 1972 and 1976, during the time Ræ 1 was employed as ...

Excerpt: ..."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 Issue Inzunza's Motion for Bifurcation. Ruling Inzunza's motion for bifurcation is DENIED. The matter will be tried in a single jury trial, with a subsequent judicial determination of contractual indemnity issues, and/or any other issu...

Excerpt: ... For Plaintiffs Christian P. Adame Prado, Maria Torres, and the putative class: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi, Aegis Law Firm, PC For Defendant Natural Pack, Inc.: Nicholas Kanter, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: For all reasons discussed herein, plaintiffs' motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at t...

Excerpt: ...RULING: The court overrules the demurrer of defendant to plaintiff's second amended complaint. shall file and serve its answer to plaintiff's second amended complaint on or before December 7, 2023. Background: Plaintiff Alexander Kaay filed his original complaint in this matter on June 20, 2022. As alleged in the original complaint, plaintiff bought undevelo#d property located at Barger Canyon Road in the County of Santa Barbara (the property) fr...

Excerpt: ...set forth herein: 2. 3. As Plaintiff's opposition to the motion was filed 14 calendar days late, the hearing on this matter is continued to December 27, 2023, at 10M a.m. Defendants' reply brief shall be filed and served no later than December 13, 2023. Plaintiff shall give notice to all parties of this ruling and file a prcx)f of service of same. Background This action was commenced on November 18, 2022, by the filing of the complaint by Plainti...

Excerpt: ...Defendant/Cross-Complainant/Cross-Defendant Inzunza Trucking Corp.: German A. Marcucci, Dominique Sicari For Plaintiff USAA Casualty Insurance Company as Subrogee of Kristin Fraser: Kellie Terhyufen Issue Plaintiffs Kristin Fraser's and Jason Lloyd's Motion for Leave To File a First Amended Complaint Ruling The Motion is DENIED Plaintiffs' Moton Filed 10/13/23; set hearing for 11/22/23; 44 pages; summarized; seeks leave to file a First Amended Co...

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...