Excerpt: ...rney's general act is denied without prejudice. Background Plaintiff Josefina Arzate filed her original class action complaint on February 25, 2022, against Coastal Blooms Nursery, LLC (“CBN”). After the filing of the original complaint CBN submitted an arbitration agreement signed by Plaintiff. On April 29, 2022, Arzate filed her first amended complaint (“FAC”), which is the operative complaint, adding a PAGA cause of action. The FAC all...

Excerpt: ...Inc., Chad Sanchez, and David Esquer: Mark A. Love and Julie V. Oneto RULING For the reasons set forth below, Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's demurer to portions of Plaintiff's first amended complaint is overruled. Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's motion to strike portions of Plaintiff's first amended complaint is denied. Insulate SB, Inc., Chad Sanchez, and David Esquer shall file and ...

Excerpt: ...mmary judgment is granted. The court has reviewed the proposed judgment submitted by Wells Fargo. Wells Fargo shall modify the proposed judgment to remove the costs. Costs are appropriately claimed by way of a memorandum of costs pursuant to California Rules of Court, rule 3.1700. Background: This action commenced on October 26, 2022, by the filing of the complaint by plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against defendant Emma C. ...

Excerpt: ...e a supplemental brief in accordance with this ruling that provides legal authority for the order requested in the present motion. Plaintiff shall give notice of this ruling to defendant at all known addresses. Background: On October 12, 2021, plaintiff Capital One Bank (USA), N.A. (Capital One) filed a complaint alleging one cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock becam...

Excerpt: ...gement Services, LLC (Partners) filed its complaint in this matter on February 17, 2023, alleging three causes of action against defendant Noble House Home Furnishings LLC (Noble House) for (1) breach of contract, (2) nonpayment on an open book account, and (3) nonpayment on an account stated. As alleged in the complaint, Partners provides temporary labor to businesses. Noble House is in the business of distributing home furnishings. On September...

Excerpt: ...er responses, including responsive documents, without objections other than those based on privilege, no later than August 11, 2023. 3. The motion to compel further responses to requests Nos. 6, 7, 8, 9, and 10 is denied, without prejudice as set forth below. 4. To the extent that defendant withholds documents based on privilege, defendant shall serve a privilege log identifying each responsive document withheld on the ground of privilege togethe...

Excerpt: ...Management Services, LLC (Partners), published and disseminated a letter dated December 4, 2020 (the letter or subject letter), directly to BaronHR West's clients and business partners, and to a professional network in the staffing industry. (Complaint, ¶¶ 7, 22 & Exh. A.) In the letter, Partners made statements against BaronHR and its principal shareholder that were false and misleading, including that BaronHR was affiliated with “Checkmate ...

Excerpt: ... (MTD) in 2006. (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Olivera worked continuously for MTD from 2006 until March 2020. (PSS, undisputed fact 2.) During his employment with MTD, Olivera was represented by the International Brotherhood of Teamsters, Local 186 (Union). (PSS, undisputed fact 3.) Olivera's employment with MTD was covered by a collective bargaining agreement between MTD and the Union (CBA). (PSS, undisputed...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...o Defendant entered on March 20, 2023, vacated. Service of the summons on Defendant as set forth in the proof of service filed on February 23, 2023, is ordered quashed. Any response to Plaintiff's complaint or challenge to service must be filed and served on or before August 16, 2023. No request for entry of default, if appropriate, as against Defendant may be filed prior to August 17, 2023. Background This action arises out of an alleged theft o...

Excerpt: ...Brown & Schwartz, Lisa J. Brown, Law Offices of Lisa J. Brown For Defendants Shoreline Farms, LLC and Aviana Kjos: Lora D. Hemphill, Hager & Dowling RULING (1) For all reasons discussed herein, the motion of Defendant Dr. Steven Goss, D.V.M., to strike portions of Plaintiff's first amended complaint is ordered off-calendar. (2) Defendant's Motion to Compel Responses to Special Interrogatories (Set One) is granted. Plaintiff shall serve complete, ...

Excerpt: ...inal case 20CR07068, American Surety Company (ASC), through its bail agent Santa Barbara Bail Bonds, issued bail bond No. AS25-319743, in the amount of $25,000.00, on behalf of criminal Defendant Craig Glardon. On August 20, 2021, Glardon failed to appear at hearing and the Court ordered forfeiture of the bail. Notice of the forfeiture was mailed to ASC and Santa Barbara Bail Bonds on August 31, 2021. After being granted an extension, ASC filed a...

Excerpt: ...ation and were privy to attorney-client communications and attorney work product, which was subsequently shared with plaintiff's counsel. On April 24, 2023, the court denied the motion, indicating it was going to ratify its tentative “without prejudice until it's too late.” (Rough transcript of April 24, 2023 Hearing, p. 3, ll. 13-26.) The tentative adopted by the court concluded that Union Oil failed to carry its burden to identify the natur...

Excerpt: ...es of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: The court continues the hearing on the motion of defendants Christian Younger and the Law Offices of Christian Younger to compel plaintiff to further respond to defendants' request for production of documents to August 21, 2023. On or before August 14, 2023, the parties shall submit a joint status report, or individual status reports, ...

Excerpt: ...B. McCloskey, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Theresa L. Huggins, Emily Steirwalt, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC: Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Allison M. Day, Shannon Aminirad, Abraham Dy...

Excerpt: ...ion and PAGA Settlement ATTORNEYS: For Plaintiff Josefina Quiroz and all others similarly situated: Mehrdad Bokhour and Michelle Eshaghian For Plaintiffs Christian P. Adame Prado and Maria Torres: Kashif Haque and Joseph M. Szilagyi For Defendant Natural Pack, Inc.: Nicholas Kanter TENTATIVE RULING: The motion for leave to intervene is denied as moot. The motion for preliminary approval of class action and PAGA settlement is granted as follows: T...

Excerpt: ... in this action on October 20, 2020. On October 30, without any response having been filed by any party, Stiglmier filed his first amended complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the fi...

Excerpt: ...ff, is $335,000.00. (3) Plaintiff's counsel shall attempt to reduce the child-support lien and Medi-Cal lien and provide those amounts to defense counsel. Defense counsel shall issue separate checks to satisfy the liens. Plaintiff is responsible for any and all other liens that may exist. (4) There is a waiver of the provisions of Civil Code section 1542. (5) Defendants shall prepare a formal judgment, on these terms, and submit it to the court, ...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...is action was commenced on August 3, 2018, with the filing of Plaintiff's original complaint. The operative pleading is Plaintiff's Fourth Amended Complaint (4AC), filed February 4, 2022. It alleges that Plaintiff Grant Beall (Beall) was a tenant of 6606-6608 Del Playa, HSE, in Isla Vista, owned by Defendant Ronald L. Wolfe and Associates, Incorporated, a California Corporation dba Wolfe & Associates, Property Services (Wolfe). It is styled as a ...

Excerpt: ...st All Defendants, Or, In the Alternative, to Compel Compliance with the Court's June 21, 2023 Order Requiring Defendants to Appear for Deposition and Produce Documents. Ruling Time is of the essence; the trial date is July 26, 2023. 1. Plaintiffs' Motion for Terminating Sanctions and Monetary Sanctions [$5,312] Against All Defendants is denied. 2. Plaintiffs' Alternative Motion to Compel Compliance with the Court's June 21, 2023 Order Requiring ...

Excerpt: ...nd Frank Alfino, jointly and severally, in the amount of $109,088.53. Plaintiff shall present to the Court a judgment for entry consistent with this order. There is a pending discovery motion to deem matters admitted that is set for hearing on July 26. This is mooted by the grant of summary judgment against these parties and that date is vacated. Similarly, trial is now moot and the trial date is vacated. Background On January 26, 2022, Plaintiff...

Excerpt: ...esorts, LLC. RULING The motion is granted as follows: The Court has reviewed the proposed order submitted with the motion and intends on signing the same, as modified, to include Case No. 21CV04034. The relevant terms include: (1) Preliminary approval of the settlement set forth in the Class Action and PAGA Settlement Agreement is granted; (2) The proposed settlement class is conditionally certified; (3) Carmen Martinez is appointed as the repres...

Excerpt: ...rafi, Brandon DuPree, Weitz & Luxenberg, P.C. For Defendant Schooner Enterprises Inc.: Robert A. Curtis, Aaron L. Arndt, Foley Bezek Behle & Curtis, LLP TENTATIVE RULING: The motion of defendant Schooner Enterprises Inc. for determination of good faith settlement is granted and the court determines that the settlement is in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Background: On December 2, 2020, plaintiff ...

Excerpt: ...uiz.: Robert J. Stoll For Defendants Ace-High Trucking, LLC and William Placencia: David K. Dorenfeld and Mazyar H. Mazarei TENTATIVE RULING: The motion of Ace-High Trucking, LLC and William Placencia to compel further responses to Form Interrogatories, Set One, from plaintiff Elvira Custodio Ruiz is granted in part and denied in part as follows: 1. The motion to compel further responses to form interrogatories 2.3, 12.2, 12.3, 12.7, and 14.1 is ...

Excerpt: ...es (Set One) ATTORNEYS: For Plaintiff Storke Ranch Master Association: Christopher E. Haskell and Shannon D. Boyd For Defendant Janice Bilotti, Individually and as Trustee of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self-Represented TENTATIVE RULING: (1) The motion to compel inspection of the real property located at 6838 Silkberry Lane, Goleta, California will be granted. 1. The par
Ÿes shall meet and confer, either in person or t...

Excerpt: ...efore July 24, 2023. Defendant Fiore Management shall concurrently serve a privilege log as to all responsive documents withheld from production on the grounds of privilege, which privilege log shall include a statement of all facts necessary for the court to determine the application of the asserted privilege to each withheld document. Defendant Fiore Management shall concurrently produce for inspection all responsive documents to these requests...

Excerpt: ...r the reasons more fully articulated below, the motion will be denied with respect to service by publication as to Respondent Dusty Berke, as Trustee of the Stuart Rubin Children's Trust dated December 21, 2001. For the reasons more fully articulated below, the motion will be denied with respect to service of any defendant by email. Background: In this proceeding, filed on November 14, 2022, Petitioner/Plaintiff Cappello & Noël LLP (Cappello) se...

Excerpt: ...rt prior to the continued hearing date. Background: As alleged in the complaint filed February 25, 2022, in the late-night hours of October 15, 2021, through the early morning hours of October 16, 2021, defendant Jrake Stanley (Stanley) patronized a restaurant and lounge operated by plaintiff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages,...

Excerpt: ...ants Shari's Management Company, Shari's Management Corporation, FRI-M, LLC, and Shari's CP, LLC, to set aside the judgment, entered on December 21, 2022, and the defaults entered on November 9, 2022, and December 20, 2022, is granted. The judgment is ordered vacated, and the defaults are ordered set aside. The proposed answer attached as exhibit G to the motion is deemed filed and served as of the date of this order. (2) Attorney for Defendants,...

Excerpt: ... to strike punitive damages from Plaintiffs' complaint is denied. Defendant will file its Answer by July 25, 2023. Background This action was commenced on November 4, 2022, by the filing of the original complaint for violation of statutory obligations by Plaintiff Teddy Broussard against General Motors, LLC ("GM"). The original complaint contains the followng causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Viola...

Excerpt: ...pliant motion in accordance with this ruling. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the highway) at the intersection (the intersection) of Las Varas Ranch Access Road (Las Varas) in an unincorporated area of Santa Barbara County north of the City of Goleta. The operative pleading is the Second Amended Complaint (SAC) filed on December 16, 2020, by plaintiffs Austin Buist and Maverick Buist, w...

Excerpt: ...es by both defense counsel and the court clerk are no longer applicable. In all other respects the tentative stands. TENTATIVE RULING: Because of the unusual circumstances which exist in this case, which are described in detail below, due process requires the Court to vacate the order compelling plaintiff to respond to discovery. Consequently, the motion for terminating sanctions based upon plaintiff's failure to comply with a court order compell...

Excerpt: ...erest Helen Hammond (“plaintiff”) filed its judicial council form complaint against the State of California, County of Santa Barbara, City of Santa Barbara, D&J Auto Shop, Louis Daniel Monreal, and Jose Monreal alleging causes of action for motor vehicle negligence, general negligence, negligence per se, wrongful death, survival action, and exemplary damages. As alleged in the complaint: On November 4, 2021, Shelby C. Brady (“decedent”), ...

Excerpt: ...side the judgment pursuant to Code of Civil Procedure section 473, subdivision (d) is denied. The request to take judicial notice is granted. Plaintiff to give notice. Background This is a motion to vacate a default judgment entered in 1988. The original complaint was filed by Plaintiff Merchants Recovery Services, Inc., a collection agency, against Avery D. Ensley and Peggy R. Ensley (Ensley or Ross) asserting claims for common counts and breach...

Excerpt: ...tipulated Protective Order For Plaintiffs Janice Feldman and 661 Park Lane LLC: Fred J. Knez, Andrew J. Knez, Matthew J. Knez, Knez Law Group, LLP For Defendants The Viking Corporation, Viking Group, Inc., and Supply Network, Inc.: John W. McConnell, III, Kenton L. Robinson, Meyers McConnell Reisz Siderman TENTATIVE RULING: The motion of plaintiffs for order that certain documents designated by defendants as protected material be filed under seal...

Excerpt: ...arroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The court continues the hearing on plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions to August 28, 2023, or another date to be determined at the hearing on this matter. On or before August 14, 2023, t...

Excerpt: ...ds “or refute,” no later than July 7, 2023. Background: This action was commenced on April 22, 2022, by plaintiff Maria Azari (“plaintiff”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (...

Excerpt: ... was commenced on July 26, 2022, when plaintiff 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 ...

Excerpt: ... order on the mandatory Judicial Council of California form VL-100 for the court's review. Except as otherwise herein granted, defendants' motion is denied. Background: As alleged in the complaint filed by plaintiff Henry Aguila on January 18, 2023, plaintiff Aguila is the sole shareholder of Thee Aguila Inc. (TAI). TAI borrowed the sum of $5,700,000 from defendant Pico Rivera First Mortgage Investors LP (Pico Rivera) (the loan) which was secured...

Excerpt: ...nia RULING For all reasons discussed herein, the motion of Petitioner Coastal Ranches Conservancy for leave to file a second amended petition is granted. Petitioner shall file and serve the second amended petition, in the form attached to the motion, on or before June 28, 2023. Background In its operative first amended petition (FAP) filed on September 13, 2022, Petitioner Coastal Ranches Conservancy (the Conservancy) alleges five causes of actio...

Excerpt: ...base a claim for punitive damages. Defendant Randall Sike shall file and serve his answer to plaintiff's complaint, as herein modified, no later than July 7, 2023. Background: This action arises from an automobile versus pedestrian accident that occurred on June 3, 2022, in the City of Goleta, Santa Barbara County, California. Plaintiff filed her complaint on October 31, 2022, asserting causes of action for motor vehicle negligence, general negli...

Excerpt: ...022, entitled Jennifer Montoya vs. FPR II, L.L.C., et al. (2) For all reasons discussed herein, plaintiff and defendant are ordered to jointly file or separately file and serve a Notice of Related Case on or before June 21, 2023, both in this matter, and in case number 23CV00298 filed with this court on January 25, 2023, entitled Juan Manso Gontez vs. Marborg Industries, et al. Background: On October 20, 2022, plaintiff Juan Manso Gontez filed a ...

Excerpt: ..., he fell into the waters of the Santa Barbara Harbor. (See Mubanda v. City of Santa Barbara (2022), 259 (Mubanda).) Defendants Skip Abed and Blue Water Boating, Inc. (BWB) now move for summary judgment or alternatively for summary adjudication. (1) Procedural History On February 6, 2018, plaintiff Agnes Nabisere Mubanda filed her original complaint in this action. Mubanda is alleged to be Kabogoza's mother and successor in interest to Kabogoza (...

Excerpt: ...he filing of the complaint for violation of statutory obligations by Eric Koopmans and Lynda Koopmans (collectively “plaintiffs”) against General Motors, LLC (“defendant”). The complaint contains the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Violation of Civil Code section, 1793.2 subdivision (B); (3) Violation of Civil Code section 1793.2, subdivision (A)(3); (4) Breach of the Implied Wa...

Excerpt: ... Matthew Olufs TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Mikki Reilly and Fitness Transform, LLC, to strike portions of plaintiff's second amended complaint is denied. Defendants shall file and serve their answer to the second amended complaint on or before June 27, 2023. Background: As alleged in plaintiff's second amended complaint (SAC): Plaintiff Ann Fristoe, M.D., hired defendants Mikki Reilly and Fitness T...

Excerpt: ...seng, H. Daniel Burrows, Tseng & Associates TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Margaret O'Brien to deem matters admitted with respect to requests for admission directed to defendant Margarito Avila is denied. Background: This is an action arising out of a motor vehicle collision occurring on October 10, 2017. On August 29, 2019, plaintiff Margaret O'Brien filed the complaint in this action against defendan...

Excerpt: ...tiff shall file a first amended complaint, if any, on or before June 20, 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”). The complaint alleges that defendant has been renting premises located at 1515 Laguna Street, Unit 2, Santa Barbara, within the city limits of Santa Barbara, since Marc...

Excerpt: ...ot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald Wilmot (Plaintiff) and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, the Wilmots filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. Fo...

Excerpt: ...s with its original tentative ruling. TENTATIVE RULING: For the reasons set forth herein: (1) Plaintiffs Motion for Preliminary Injunction is Granted as follows: 1. Defendant is enjoined from initiating or pursuing any eviction proceedings against plaintiff, outside of the current litigation, until conclusion of this matter or further order of the court. 2. Plaintiff shall post bond of within 5 court days of the hearing and prov-de proof of same....