Excerpt: ...ted; Responses to be served no later than November 23, 2021; sanctions of $1,000 payable by November 23, 2021. Analysis This lawsuit was filed in 8/2020; Plaintiff alleges in the complaint that the case involves an automobile vs. pedestrian-negligence incident causing injury. Past medical expenses in excess of $25,000 for plaintiff Elisa Salvador including future medical treatment. Lost wages and loss of earning capacity are unknown. The parties ...

Excerpt: ...r Summary Judgment 2. CMC. CMCSs filed -- none. The Court set this date for a CMC when it set the trial date for 12/7/21. On 9/22/21 the MSC date and the Trial dates were continued based upon the stipulation filed, but this CMC date was not continued. The new trial date is 3/29/2022. Both matters will be called on the 10 am Law and Motion Calendar; no appearance necessary for the 8:30 CMC Calendar. RULINGS 1. For the reasons set forth herein, the...

Excerpt: ...not to exceed 10 pages – from both sides shall be submitted on or before Novem b no submissions respondin g to the other's side's supplemental brief, unless a material fact h that contention is made, such a brief on that issue alone will be filed by 11/22/21. Analysis This action arises out of alleged deficiencies in the construction of a custom residence in Santa B Court this day is a motion by plaintiffs to compel arbitration of the dispute, ...

Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...

Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...

Excerpt: ...ll grant defendant's request for sanctions, and will order plaintiff and her attorne y, Anthon y C. Kastenek, to pa y discovery sanctions to Defendant in the amount of $400.43. BACKGROUND Plaintiff issued a records subpoena to a third-party deponent, after which defendant filed a motion to quash the subpoena and for protective order. After a hearing held on July 27, 2021, the motion to quash was denied. The motion for protective order was granted...

Excerpt: ...easons more fully articulated below, the Court will deny the motion. Background Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her complain t Labor Code §§ 201-203, and (2) violation of Labor Code § 2698, et seq. (Labor Code Private A t The complaint defines the class as “All former employees who e employed by Defendants in th e present, whose employment was separated for any reason (voluntary or involuntary)...

Excerpt: ... [email protected]; HEARING Motion for final approval of class action settlement. Motion for attorneys' fees, costs, and expenses, and for representative enhancement payments. RULING The Court will grant both motions. The Proposed Judgment has been submitted and the Court intends to sign it. Background This is a wage and hour action, filed on September 22, 2020, alleging causes of action for (1) failure to properly institute an alter...

Excerpt: ...ca.gov; [email protected] HEARING Order to Show Cause re Court Assuming Jurisdiction over Respondents' Law Practice RULING The hearing on the order to show cause will be continued to hold an evidentiary hearin g on the merits of the application of petitioner State Bar of California. The parties are to be prepared to discuss at the hearing of this order to show cause availability for such evidentiary hearing. As set forth herein, after considerati...

Excerpt: ...urrer of Defendant Justin Sell to Complaint (2) Motion of Defendant Justin Sell to Strike Portions of the Complaint RULING (1) For the reasons stated herein, the demurrer of defendant Justin Sell to plaintiff's comp (2) For the reasons stated herein, the motion of defendant Justin Sell to strike portions of p (3) Defendant Justin Sell shall file and serve his answer to the complaint on or before Sept e Background As alleged in plaintiff John Doe'...

Excerpt: ...ppeared for the purpose of moving to quash service of summons and complaint upon them, contending that because service has not been properly accomplished, the court lacks personal jurisdiction over them. According to the declaration of defendant Aviana Kjos, on or about May 30, 2021, plaintiff entered property at 5300 Shoreline Drive in Goleta with an unidentified woman. The woman attempted to give Kjos something, when plaintiff started yelling a...

Excerpt: ...r enforcing settlement agreement and entering judgment is DENIED. 2. The Court finds that Antonucci is not in breach of the Settlement Agreement by refusing to sign and deliver the Modification of Easement Rights prepared by Faoro's counsel. 3. The version of the Modification of Easement Rights with the additional language proposed by Antonucci's counsel (Lee Dec., ¶ 8, Ex. 6) more accurately reflects the terms of the Settlement Agreement. 4. Fa...

Excerpt: ...tion to quash is DENIED. Since Plaintiff has not requested remuneration f costs associated herewith, there is no order for sanctions. However, Deponent cannot yet b comply with the revised subpoena because (1) Deponent filed its own motion to quash now and (2) an issue waived b y Defendants but raised properl y b y the Deponent (Ohio domesti c have facial merit and must be full y considered at the hearin g on Deponent's motion next m Analysis Thi...

Excerpt: ...f the first amended complaint of plaintiffs Douglas D. Rossi and Kimberlee H. Rossi is overruled. Defendant shall file and serve his answer to the first amended complaint on or before September 1, 2021. Background As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs Douglas D. Rossi and Kimberlee H. Rossi own and reside at 49 Canyon Acres Drive, Santa Barbara (Plaintiffs' Property). (FAC, ¶ 5.) Defendant Uri Dolev owns and resides...

Excerpt: ...fter the surgery. Her operative First Amended Complaint, filed November 30, 2020, alleges causes of action for (1) negligence, and (2) battery. The negligence cause of action alleges that defendant failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for plaintiff, resulting in her suffering injuries and damages, including to injury to her inguinal canal, groin, leg, hip, and sexual organs. Sh...

Excerpt: ...set Recovery Group, LLC, a debt purchaser. Prior to filing this action, plaintiff acquired sole ownership of the debt at issue. Defendant is Jesus Ramirez. As alleged in the complaint, on December 28, 2017, defendant applied for and was provided an unsecured loan by LOANME, Inc. Under the terms of the loan, defendant promised to pay LOANME, Inc. all sums loaned with interest, fees, and other charges. Defendant subsequently defaulted on the loan b...

Excerpt: ...nty.santa- barbara.ca.us; [email protected]; [email protected]; [email protected]; c c Issue Motion for Determination of Legal Issues Affecting Valuation RULING For the reasons set forth herein, the Court determines that plaintiff Santa Barbara Count y subject property in connection with the determination of the value of that property. Background This is an eminent domain matter in which plaintiff Santa Barbara County Flood Control and W ...

Excerpt: ...n to quash the subject subpoena for medical records is DENIED. 2. The motion for a protective order is GRANTED in part. The deponent is hereby ordered to produce, within 20 days:  Records pertaining to defendant's dementia from 01/01/18 to the present;  Records containing any mention of the 02/22/19 accident that is the subject of this civil action, including records relating to the deposition of defendant. To the extent that records subjec...

Excerpt: ...arrin gto Issues Motion to Compel Requests for Admission (Set Two) and Request for Sanctions; Motion to Compel Responses to Requests for Production of Documents (Set One) and Req Sanctions; Motion to Compel Responses to Special Interro gatories (Set One) and Request for Sanctio n Rulings For the reasons set forth below, the motions are GRANTED in part and DENIED in part. Sanctions are mandator y here; Plaintiff shall pa y Defendants three separat...

Excerpt: ...e motions are DENIED, as are the attendant requests for monetary sanctions since both sides were sufficiently justified in asserting their respective positions. Plaintiff's in camera submission, included a sworn declaration explaining her decision-making and attributed certain matters to defense counsel herein is an ex parte communication that must be disclosed to the Defendant. The clerk of the court is ordered to immediately serve a copy of the...

Excerpt: ...Issues 1. Motion for Determination of Good Faith filed b y Truman and ALSI (to gether, “Settlin g 2. OSC re contempt against Romo Feather 3. Romo Feather's request that Fa y and its attorne y, Cher yl Chan g, be held in contempt o f Protective Order of May 5, 2021. Rulings 1. For the reasons set out below the Motion for a Determination of a Good Faith Settleme n 2. For the reasons set out below on Fa y's Motion re: contempt (A) a gainst Romo Fe...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion is granted as to the first, third (as modified by the Court), fourth (as modified by the Court), fifth (as modified by the Court), and sixth (as modified by the Court) proposed classes and is denied as to the second proposed class. For the reasons explained below...

Excerpt: ... of $33,775 plus costs of suit of $721.41 to be paid forthwith. Analysis The background is very well known to the Court. On May 11, 2021, this Court granted Danaher's special motion to strike the Isla Vista lawsuit pursuant to California's Anti-SLAPP statute, Code Civ. Proc.§ 425.16. That ruling terminated this case in its entirety, and adjudicated Danaher as the prevailing party in this action. Danaher is entitled to recover her attorney's fees...

Excerpt: ...sustained with leave to amend. The motion of defendant Santa Barbara Unified School District to strike portions of plaintiff's complaint is granted with leave to amend, except as to the claim for treble damages. Any amended pleading shall be filed on or before July 16, 2021. BACKGROUND: This is an action for alleged sexual abuse of plaintiff John Doe (a pseudonym) when he was a high school student and a minor. Plaintiff alleges that he was the vi...

Excerpt: ...ndants Select Portfolio and RMBS REO Holdings to Strike Portions of First Amended Complaint RULING (1) As set forth herein, the demurrer of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the first amended complaint of plaintiff John Reed is sustained with leave to amend as to the fourth and fifth causes of action; is sustained without leave to amend as to the second cause of action; and is overruled in all other resp...