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