Excerpt: ...Berger & Associates R U LI N G (1) For all reasons discussed herein, the motion of Plaintiff to compel further responses to set one form interrogatories and for monetary sanctions against Defendant Art & Elements, Inc., is granted, in part, as to Plaintiff's form int e rrogat ory numbe rs 1 4.1, 14.2, and 16.8, and denied as to form interrogatory number 16.7. (2) For all reasons discussed herein, the motion of Plaintiff to compel further response...

Excerpt: ...o mp an y [“HLC”]: Ro b e rt J. W ilge r, Sarah Jab i n Issue Defendants Motion for Summary Judgment R U LI N G S For the reasons set out below W 1 . P la in t if fs o b je c t io n t h a t t h e M SJ w a s u n t im e ly f ile d is D EN IE a 2. HLC's MSJ against Counts #1 and #2 and #3 and #4 are DENIED . 3 . HLC's M SJ a s t o t h e P la in t iff's P u n it ive Da m a ge Cla im is GRAN TED . Acknowledgement s The Court acknowledges and appre...

Excerpt: ...meron Issue Defendant Art's Motion to Continue the Trial Date [and related dates]. R U LI N G 1 . Th e M o t io n is a GRAN TED . 2. The Current Trial Date of July 31, 2024 is continued 120+ days to December 4, 2024 at 11:30am. 3. The Current MSC Date of 7/ 12 is continued to 10/ 25/ 24 at 8:30am in Department #5. 4. The Current final CMC set for 5/ 1 is continued to 9/ 11/ 24 at 8:30am in this Department. 5. All trial related cutoff dates are no...

Excerpt: ... and served on 4/5/24 _ The reply was filed and served on 4/8 The Court has read and considered a total ofabout 180 pages submitted _ RUIINGSU-J 1. The Motion to Compel: For the reasons set out below the Motion To Compel is DENIED. 2. Ihe The Court has read and considered these documents; as for Plaintiffs report that the deposition ofMs. Gonzalez and completing the deposition of Detective Harrison are necessary for Plaintiff to be adequately pre...

Excerpt: ...endant's person most knowledgeable shall take place no later than May 10, 2024. 2. Unless otherwise mutually agreed, the depositions shall occur in person. 3. Unless otherwise mutually agreed, the depositions shall take place in Santa Barbara at a location chosen by plaintiff. 4. Counsel for both parties are ordered to meet and confer - prior to the hearing on 4/ 10 - and with these guidelines in mind, agree on the deposition schedule. 5. Counsel...

Excerpt: ...g h t G a b le r H e a r in g : Plaintiff's Second Renewed Motion To Approve Settlement Agreement and Release Of PAGA Claims Pursuant To Labor Code Section 2698 et seq. R U LI N G For all reasons discussed herein, the second renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is granted. Ba c kgr o u n d O n Fe b r u a r y 2 5 , 2 0 2 2 , P la in t if f J o s e f in a ...

Excerpt: ...Calendar at 8:30am and the Law & Motion Calendar at 10:00am. Both matters will be called at 8:30am. The Demurrer: For the reasons set forth herein, Defendant's demurrer to P la in t if f 's f ir s t a m e n d e d c o m p la in t is s u s t a in e d w it h le a ve t o a m e n d . P la in t if f shall file and serve his second amended complaint no later than May 1, 2024. The CMC: The CMC is continued to July 10, 2024, at 8:30am Ba c kgr o u n d Thi...

Excerpt: ... . Th e action is ordered stayed pending the completion of arbitration. Ba c kgr o u n d This action commenced on August 4, 2023, by the filing of the complaint by Plaintiff Katie Carpenter against Defendants Kathy Mora, Assad Mora, and The Assad and Kathy Mora Trust. The complaint alleges two causes of action as f o llo w s : (1 ) N e g lig e n c e , a n d ( 2) Fraud and Deceit: Fraudulent Concealment; Negligent and Intentional Misrepresentation...

Excerpt: ...e Law Group, APC R U LI N G For all reasons discussed herein, the motion of Plaintiff to compel the deposition of the person most knowledgeable for Defendant is granted, in part. The deposition of Defendant's person most knowledgeable shall commence on April 12, 2024, unless the part ies otherwise agree in writing. Except as otherwise herein granted, the motion is denied. The Court will not continue the trial date. Ba c kgr o u n d O n Ap r il 6 ...

Excerpt: ...oca-Cola Bottling, LLC and Garfield Beach CVS LLC: Traci S. Lagasse and Austin R. Wallick R U LI N G For the reasons set forth herein each of Defendants' motions for summary judgment or in the alternative summary adjudication are denied. Ba c kgr o u n d This action commenced on July 27, 2022, by the filing of the complaint by Plaintiff Robin Kimball against Defendant Garfield Beach CVS, LLC, erroneously sued as CVS Pharmacy, Inc. (“GBCVS”), ...

Excerpt: ... Trust, and Linda G. Clough, trustee of the Li n d a G . Clough Trust : Timothy J. Trager, Reicker, Pfau, Pyle & McRoy LLP R U LI N G For the reasons set forth herein, the motion of Defendants for summary adjudication is denied. Ba c kgr o u n d (1 ) Allegations of the Complaint As a lle g e d in t h e c o m p la in t o f P la in t if f s Alla n G a g e O ls o n a n d D a n ie l A. O ls o n (t h e Olsons), co-trustees of the Olson Family Trust da...

Excerpt: ...mmary judgment is denied. Ba c kgr o u n d O n Ap r il 6 , 2 0 2 3 , p la in t if f Ty le r P o w e ll f ile d a c o m p la in t f o r v io la t io n o f s t a t u t o r y obligations against defendant General Motors LLC (GM) alleging five causes of action: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdiv is io n (b ) Civ il Co d e s e c t io n 1 7 9 3 .2 ; (3 ) v io la t io n o f s u b d iv is io n (a )(3 ) ...

Excerpt: ...ee motions to compel that had been partially addressed previously and were continued for a further meet and confer. These motions were originally set for hearing on March 20. The Court tentatively set them for April 3 when other motions were c alendared; counsel objected and asked that they be addressed on March 20; the Court accommodated counsel and set them for March 27. Motions to: (1 ) Compel Further Deposition of Sansum Clinic's PMQ. (2) Qua...

Excerpt: ... e r a li SP A UK Branch, Ce rt ain Unde rwrite rs at Lloyd's and London Market Companies, Great Lakes Reinsurance (UK), Lloyd's Un de rwrite r Syndicate, Sompo Canopius dba Canopius Underwriting Agency Inc., Westport Insurance Corporat ion, Zurich Insurance PLC UK Branch, and Chubb Insurance Company of Canada: Ro n H . Burnovski, Charles W. Deutsch, Sava Alexander Vojcanin For Defendant Liberty Mutual Fire Insurance Company: Nicholas J. Boos. R ...

Excerpt: ...ndant Jose Cervantes' motion for order of d is m is s a l is d e n ie d . Ba c kgr o u n d This action commenced on November 2, 2023, by the filing of the complaint by Plaintiff Velocity Investments, LLC (“Velocity”) against Defendant Jose Cervantes for breach of contract and open book account. Velocity alleges that Cervantes took out a credit a ccount from Cross River Bank and failed to make payments as agreed. Velocity bought the debt and a...

Excerpt: ...Sure Manageme nt t o Plaint iff's complaint is overrule d. (2) For all reasons discussed herein, the motion of Defendant Sure Oil & Chemical Corp. dba Sure Management to strike portions of Plaintiff's complaint is d e n ie d . (3) Defendant shall file and serve its answer to Plaintiff's complaint on or before April 2, 2024. Ba c kgr o u n d On December 6, 2023, Plaintiff Soukeyna M. Gresham -Moore filed a complaint against Defendants Sure Oil & C...

Excerpt: ...en, and Milden, LLC : Bert H. Deixler, P a t r ic k J . So m e r s , D a v id T. Fr e e n o c k, Ke n d a ll Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons discussed herein, the motion of Defendants for judgment on the pleadings is denied. The Court on its own motion strikes the words “sixteenth cause of action” from page 32, line 10 of the first amended complaint as improper mat t e r ...

Excerpt: ... Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons set forth herein, the motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, for judgment on the pleadings is granted, with leave to amend, as to the second through ninth causes of action of the first amended complaint and is den ie d a s t o t h e f ir s t c a u s e o f a c t io n . P la in t if f Bu i Sim o n s h a ll file and ser...

Excerpt: ...nd Bryan W. Edgar For Defendant Aaron Mayer : No appearance. R U LIN G For the reasons set forth herein: The motion for approval of settlement under the private attorney's general act is denied without prejudice. Background Plaintiff Alejandro Mazantini, on behalf of himself and all similarly situated, filed his original representative action for PAGA penalties on June 8, 2023, against Defendants Mission Park Health Center, Pacificare Health Mana...

Excerpt: ...J u s t in P . W y n n e o f California Dept. of Transp. Legal Division for Caltrans R U LIN G For the reasons more fully articulated below, the demurrer will be sustained, without leave to amend. BACKGRO UN D P e t it io n e r Co a s t a l Ra n c h e s Co n s e r va n c y (CRC) file d it s o r igin a l ve r ifie d P e t it io n fo r Writ of Mandate and Declarat ory and Injunctive Relief on July 2 2 , 2 0 2 2 , and its First Amended Petition on S...

Excerpt: ...n, the motion of Defendants to strike punitive damages is granted, in part, with leave to amend. The following matters shall be stricken from Plaintiff's first amended complaint: (1) the term “punitive damages” appearing in p aragraph 14(a)(2) of the first amended complaint; and (2) the entirety of the first paragraph of Attachment 14.a(2) only, beginning with “[a]s to all causes of action” and ending with “Civil Code § 3294(c)”. Exc...

Excerpt: ...lls 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. The trial date of 4/ 17/ 24 is vacated. Background This action commenced on June 26, 2023, by the filing of the complaint by Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against Defendant Brandon Vargas setting forth causes of action for breach of written cont...

Excerpt: ...iscussed herein, the motion of Defendant Carpinteria Unified School District for judgment on the pleadings is ordered off -calendar. Background On December 21, 2022, Plaintiff Roxanne Coles filed a complaint in this matter alleging seven causes of action against Defendants Carpinteria Unified School District (the District) and Veronica Gallardo (Gallardo): (1) failure to prevent d is c r im in a t io n in violation of Government Code section 1294...

Excerpt: ...e & Case LLP, Nathan Ro g e r s , Ro g e r s , Sh e f f ie ld & Ca m p b e ll, LLP For Defendant Richard Dean Carson : J . P a u l Gig n a c , Cla ir e K. M it c h e ll, Rim o n , P .C. For Defendant ProHealth Inc. : Nick S. Pujji, Emma Moralyan, Dentons US LLP R U LIN G (1 ) For all reasons discussed herein, the demurrer of Defendant ProHealth Inc., to Plaintiff's complaint is sustained as to the seventh cause of action, with leave to amend. Exc...

Excerpt: ...a hy : David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Ch r is Kr o e s For Defendants Patricia Wollum and Susan Reynolds : Ga b r ie lla L. St e r n f e ld , D a v id A. Nappe r, Gre gory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Brandt O. Caudill, Joan E. Tr im b le For Defendant Patrick Leahy : Se lf-Represented R U LIN G S For the reasons set forth herein: Defendant Channe Col...

Excerpt: ...s For the reasons set out below: 1. Defendants request that this Court grant a protective order to prevent any questioning of Dr. O'Callaghan and/ or Dr. Newman in the Jane Doe I case until such time as Defendants have been able to obtain Jane Doe II's deposition t e s t im o n y is GRAN TED . 2. Plaintiffs request for a motion to compel and sanctions, is continued to 3/ 20/ 24 at 10am, the same day set for the Court to rule on the Plaint...

Excerpt: ...he motion of Defendant Karl Storz Imaging, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. The MSC date of 3/ 1/ 24 and the Trial Date of 3/ 27/ 24 are confirmed. Do not request a continuance. The event leading up to the filing of the complaint occurred on 7/ 26/ 22; the case was filed in 12/ 2022; the trial date was set on 5/ 3/ 23 ; t h is is a ju r y t r ia l; t h e Co u r t h a s r e s e r v e d...

Excerpt: ...: Chandra A. Beaton, Kathleen M. Fe llo w s , Lig h t Ga b le r R U LIN G For all reasons discussed herein, the renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is denied without prejudice. Background On February 25, 2022, Plaintiff Josefina Arzate filed a class action complaint against Coastal Blooms Nursery, LLC (CBN). On April 29, 2022, Arzate filed a first amend...

Excerpt: ...Maureen Wo ot e n a n d VRTCAL Ma rke t s, In c. : Robert A. Curtis, Aaron L. Arndt, Jordan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, 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 III, Thyne Taylor Fox Howard, LLP R U LIN G For the reasons set forth herein: 1. P...

Excerpt: ...David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles: R. Ch r is Kr o e s F o r D e f e n d a n t s P a t r ic ia W o llu m a n d Su s a n Re y n o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. N a p p e r, Gre go ry K. Sa b o For De fe ndant and Cross-Complainant Help Unlimited, Inc.: Brandt O. Caudill, J o a n E. Tr im b le For Defendant Patrick Leahy: Self -Represented R U LI N G The Court will call the...

Excerpt: ...ga : Kr is t i D . Ro t h c h ild , J u lia n Alw ill, Ro t h s c h ild & Alw ill, AP C R U LI N G (1) For the reasons set forth herein, the general demurrer of Defendant John Chapman is sustained, with leave to amend, as to the first and third causes of action of the complaint, and the special demurrer is sustained, with leave to amend, as to each caus e of action of the complaint. (2) For the reasons set forth herein, the motion of Defendant Jo...

Excerpt: ... and Christopher De La Vega: Michael B. Wilk, David D. Samani, Lewis Brisbois Bisgaard & Smith LLP RULING 1. For all reasons discussed herein: 2. The motion of Plaintiff for an order permitting discovery of Defendant Isla Vista Owner, LLC's, financial condition, is denied. 3. But the Court has been here many times in the past 26 years. 4. The Court alerts the Defendants; if the jury comes back with a finding that Plaintiff is entitled to punitive...

Excerpt: ...d. Plaintiff may re-serve the discovery in compliance with the California Rules of Court. Plaintiff is to give notice of this ruling and attach a copy of the minute order. Background This action was commenced on May 12, 2023, by the filing of the complaint by Plaintiff The Jean Michele Cross Revocable Trust (“Trust”) against Defendants Four P's Group, LLC (“Four P's) and Jeff L. Handy (collectively “Defendants”). The complaint alleges c...

Excerpt: ... For Defendant Anchor Heating & Air Conditioning, Inc.: Michael E. Gallagher, Caroline B. Fawley, Edlin Gallagher, Huie Blum For Defendants John L. Bunce and Elizabeth N. Bunce: No appearance RULING For all reasons discussed herein, the motion of Defendant Giffin & Crane General Contractors, LLC, for summary judgment or, in the alternative, summary adjudication, is denied. Background In his complaint filed on October 24, 2022, Plaintiff Rogelio J...

Excerpt: ...rt's January 25, 2023 order, granting Ford Motor Company's motion to compel arbitration and stay action, is denied. Background Plaintiff Deborah Andrews filed her complaint against Defendants Ford Motor Company (FMC) and Jim Vreeland Ford (JVF) on August 23, 2022. As alleged in the complaint, Andrews entered into a warranty contract with FMC, on or about April 22, 2020, regarding a 2020 Ford Escape. (Complaint, ¶ 10.) “Defects and nonconformit...

Excerpt: ...exler / Molly A. DeSario / Jonathan Lee of Capstone Law APC for Plaintiff Carmen Martinez Paul K. Wilcox / Jared M. Katz / Christina M. Behrman of Mullen & Henzell LLP for Defendants SYR Service Company, LLC, San Ysidro BB Property, LLC, and Ty Warner Hotels & Resorts RULING The Court will grant both motions. BACKGROUND These actions consist of (a) a wage and hour action (Case No. 21CV03118) filed August 4, 2021, alleging causes of action for (1)...

Excerpt: ... Coffin and Scott A. Jaske RULING For the reasons set forth herein: 1. The demurrer of cross-defendants Isabel Huerta and Martin Huerta, to the cross-complaint, is overruled. 2. Cross-Defendants shall file and serve their answer to the cross-complaint no later than February 17, 2024. The Case Management Conference of 3/20/24 is confirmed; please meet and confer prior to that hearing and provide the trial date you want for the case in your CMCS. B...

Excerpt: ... violation of FEHA is overruled as to Zeb Albert. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is sustained with leave to amend as to Caroline Neufeld. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is overruled as to Trader Joe's Company. Defendants' demurrer to Plaintiff's tenth cause of action for emotional distress is sustained without leave to ame...

Excerpt: ...ion to strike portions of Plaintiff's complaint, is denied. Defendant shall file and serve his answer to the first amended complaint no later than February 12, 2024. Background: Plaintiff Jessica Naemi filed her original complaint on September 14, 2023, against Defendant Jaspal Padhal, setting forth causes of action for: (1) Quiet Title; (2) To Set Aside Fraudulent Transfer; (3) Conspiracy to Make Fraudulent Transfer; (4) Constructive Trust; (5) ...

Excerpt: ...aza 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. Plaintiffs A. Stuart Rubin and Annette Rubin's motion for new trial re: summary judgment order is denied. Plaintiffs A. Stuart Rubin and Annette Rubin's Motion for new trial re: terminating sanctions is denied. Preferr...

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: ...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: ...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: ...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: ...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...

Excerpt: ... Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: 1. The demurrer of defendants Wollum and Reynolds, to plaintiffs' second amended complaint, is sustained in part and overruled in part as follows: 2. The demurrer is overruled as to the first cause of achon for elder abuse, the fourth cause of action for intentional infliction of emotional distr...

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: ...ant David Ellinwood to compel further response to written discovery is granted. On or before January 16, 2024, Plaintiff Marcus E. shall serve verified further responses to Defendant Ellinwood's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, without objection except as to privilege and in a form complying with the Code of Civil Procedure. To the extent that Plaintiff withholds an...

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: ...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: ... 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: ...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: ...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...

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: ...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: ...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: ...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: ...-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: ...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: .... Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the clerk shall file in the public record the Notice Of Lodgment Of Exhibit(s) Filed Under Seal Pursuant To Protective Order which was conditionally under seal by Defendant the Santa Barbara Unified School District on June 15, 2023. (2) For all reasons discussed herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or...

Excerpt: ... with additional information, as set forth below, no later than October 31, 2023. Background Plaintiff Cristina Calzada-Guido filed her complaint on March 18, 2021. The complaint alleges causes of action for: (1) unpaid overtime, (2) unpaid meal period premiums, (3) unpaid rest period premiums, (4) unpaid minimum wages, (5) final wages not timely paid, (6) wages not timely paid during employment, (7) non-compliant wage statements, (8) failure to ...

Excerpt: ...he motion of Defendant Mullen & Henzell L.L. P. for summary judgment is denied. Background On October 6, 2022, Plaintiffs Susan Smyth (Smyth), Pedro Baltadano (Baltadano), Martin Engriser (Engriser), and Don McIntyre (McIntyre) (collectively, Plaintiffs) filed their original complaint in this achon asserting one cause of action for intentional interference with expected inheritance (IIEI claim). On January 11, 2023, Plaintiffs filed their operati...

Excerpt: ...O'Melveny & Meyers LLP For Defendants Mahan Ranch, LLC, et al.: Jim McDermott, Neal P. Maguire, Jessica M. Wan, Shane M. Maguire, Ferguson Case Orr Paterson LLC RULING For the reasons set forth herein, the motion of Defendants Mahan Ranch, LLC, et al., is granted to strike (1) the memorandum of costs filed on August 2, 2023, by the Las Posas Farming Group, and (2) the memorandum of costs filed on August 3, 2023, and supplemented on August 7, 2023...

Excerpt: ...ase no. 22CV01055) and John Doe 3 (related case no. 22CV01608) ("Plaintiffs") move for an Order Consolidating the Related Cases for Trial pursuant to California Code of Civil Procedure 91048(0) on the following grounds: 1. Plaintiffs' cases have been deemed related and consolidated for purposes of discovery. Through discovery it has become apparent that judicial economy and efficiency will be served by consolidating the three cases for trial. 2. ...

Excerpt: ...g Zeb Albert and Caroline Neufeld as Defendants is GRANTED: (1) the Amended Complaint is to be filed by 10/17/23; (2) the two new Defendants are to be personally served by 10/31/23. (Do not raise the issue of who pays for cost of personal service; Plaintiff or Plaintiff's counsel pays for it now; Plaintiff may seek reimbursement in a cost bill if he prevails.) 2. The Court designates this case as complex litigation because of the unusual backgrou...

Excerpt: ...rdan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, 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 RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...

Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...

Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. 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 Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...

Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...

Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...

Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...

Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...

Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...

Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...

Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...

Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...

Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...

Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...

Excerpt: ...eron W. Thomas, William A. Bossen Defendant Inzunza 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 Issue Lowe's Motion for Summary Adjudication against Inzunza; specifically, Lowe's requests that the Court grant Summary Adjudication in its favor on the is...

Excerpt: ...serve her answer to Plaintiff's complaint on or before August 18, 2023. Background On March 14, 2023, Plaintiff Daniel Powell filed a complaint in this matter as Trustee of the Powell-Gorman Trust dated March 31, 1998, as amended and restated (the Trust), and on behalf of his parents Suedell Powell (Powell) and Thomas Gorman (Gorman), who are settlors of the Trust and who are deceased. As alleged in the complaint, in late 2021, Gorman and Powell,...

Excerpt: ..., Melissa Rapp, Office of the City Attorney RULING (1) For all reasons discussed herein, the court grants defendants' motion for judgment on the pleadings without leave to amend. (2) For all reasons discussed herein, the court orders the motion to compel and first amended motion to compel filed by plaintiff on, respectively, July 10 and 13, 2023, off- calendar. (3) The trial set for 8/2/23 at 11:30am is off calendar and the case is dismissed prej...

Excerpt: ...I-J. Analysis The Complaint [filed 5/5/23]; 126-pages. Sets out three counts: 1. Judicial view restoration 2. Declaratory relief 3. Private nuisance Prays for 1. An order (a) requiring Defendants to restore Plaintiff's scenic views by the pruning, trimming, thinning, removal, and/or other maintenance of trees and other vegetation on Defendants' property that interfere with Plaintiff's views in a manner consistent with applicable laws; (b) enjoini...