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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...

Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...

Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...

Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...

Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...

Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...

Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...

Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...

Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...

Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...

Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...

Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...

Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...

Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...

Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...

Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...

Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...

Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...

Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...

Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...

Excerpt: ...dant Santa Barbara Unified School District: Harry Harrison, Nathan Berkeley: Tyson & Mendes Emails: No email for Taylor & Ring [email protected] [email protected] RULNG (l) As set forth herein, the motion of Defendant Justin Sell to compel further responses to form interrogatories from Plaintiff is granted in part and denied in part. Plaintiff shall serve verified further responses to form interrogatories Nos. 2.5, 2.6, 4.1, 6.4, 6.7...

Excerpt: ...tion for attorney fees is granted, in part, in accordance with this ruling. The Court awards Defendant attorney fees in the amount of $120,904.25. The clerk shall enter attorney fees on the judgment. Background This action was commenced by the filing of a complaint by Plaintiff Carp Property, LLC ("Carp"), on August 9: 2019. In its complaint: Plaintiff alleges that on March 15 , 2016, Rafi Tarakjian: the sole manager: member: and CEO of Carp: ent...

Excerpt: ...lden State Papayas, LLC and Damien Raquinio, to Plaintiffs' complaint is sustained, with leave to amend, as to Defendant Damien Raquinio. (2) To the extent that Defendants demur to the complaint as it applies to Golden State Papayas, LLC, the demurrer is overruled. (3) Defendants Golden State Papayas, LLC and Damien Raquinio's motion to strike is denied. (4) Plaintiffs shall file and serve their first amended complaint no later than April 5, 2023...

Excerpt: ...complaint is overruled. Defendant shall file and serve its answer to Plaintiff's complaint on or before March 27, 2023. Trial Date of 1/31/24, MSC Date of 1/12/24, the next CMC Date of 5/17/23 [to allow time for Jose Gomez and Adrian Doe to be served] and Final CMC Date of 12/6/23 are all confirmed. Background Plaintiff Rosario Duran filed her complaint in this matter on October 14, 2022, alleging three causes of action titled general negligence ...

Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...

Excerpt: ...Law For Additional Defendants: See list RULING For all reasons stated herein, the motion of Lisa Jaquez Quiroga for an Order Declaring Lack of Jurisdiction Over Defendant Manuel Jaquez or the Estate of Manuel Jaquez is denied without prejudice. Background Plaintiffs Cabo Pulmo Partnership (the partnership), Richard Underhill, and Fernando Mejorado (collectively, Plaintiffs) filed their complaint on April 23, 2014, alleging four causes of action f...

Excerpt: ...kground Plaintiff Grant Beall filed the original complaint in this action on April 29, 2022. Prior to service of the complaint, he filed his First Amended Complaint (FAC) on May 19, 2022. The FAC alleged causes of action on behalf of Plaintiff and a class of similarly situated persons for (1) breach of contract, (2) breach of the warranty of habitability, (3) unfair business practices, (4) declaratory relief, and (5) unfair business practices—g...

Excerpt: ...it provides that the Motion for Summary Judgment filed on behalf of Defendant JERRY MITCHELL, M.D. is hereby granted in all respects. Background Plaintiff's complaint, filed December 21, 2021, alleges a single cause of action for medical negligence against various health care providers, including Defendant Jerry Mitchell, M.D. It alleges that Plaintiff underwent a right hip surgery on October 29, 2020, during which his right upper extremity was n...

Excerpt: ...rst amended complaint no later than March 15, 2023. Background On January 4, 2023, Plaintiff Joseph DiBartolomeo filed his judicial council form complaint in this action asserting a single cause of action against defendant Unilab Corporation dba Quest Diagnostics, Inc. (Unilab) for breach of contract. As alleged in Plaintiff's complaint, on an unspecified date, there was a written contract wherein “[Unilab] would rent real property, and upon en...

Excerpt: ...led as to the first, second, third, fourth, and sixth causes of action. The Demurrer to the fifth cause of action is sustained with leave to amend. Plaintiff Soul Bites Restaurants, Inc. shall file and serve its first amended complaint no later than March 15, 2023. Background On November 28, 2022, Plaintiff Soul Bites Restaurants, Inc. (“SBR”) filed its complaint in this action asserting six causes of action against Defendants Ajao Entertainm...

Excerpt: ...e reasons set forth herein, the demurrer is sustained with leave to amend. Plaintiff shall file and serve his first amended complaint on or before December 30, 2022. Background Plaintiff David Matthew Kilrain filed his complaint on May 9, 2022, naming himself and Carrera Kilrain as plaintiffs and Dr. Steven Goss, DVM as the sole defendant. Following attempts to meet and confer regarding deficiencies in the complaint, Dr. Goss filed the present de...

Excerpt: ...n J. Boustani, Barnes & Thornburgh LLP No appearance for any other party in the related case RULING (1) For the reasons specified herein, the court finds that the transfer to this court of Orr, et al., v. Rosenthal, et al., Ventura County Superior Court case No. 56‐2022‐00569270‐CU‐BT‐VTA (the Derivative Action), now pending in the Ventura County Superior Court, will promote the ends of justice. The motion of Daniel Rosenthal, Steven Sc...

Excerpt: ...ndance of a Person Most Qualified and Custodian of Records of Defendant General Motors LLC, And Request for Sanctions RULING 1. For the reasons set forth herein, the motion to compel the deposition attendance of a person most qualified and custodian of records of defendant General Motors LLC, and production of documents, is granted in part and denied in part. 2. The motion is granted to require defendant General Motors, LLC to produce for deposit...

Excerpt: ...a Barbara County Board of Supervisors Emails: [email protected]; [email protected]‐barbara.ca.us HEARING Petitioner's motion for leave to file First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief RULING The motion is granted. Petitioners/Plaintiffs are directed to separately file their First Amended Petition and Complaint forthwith. Background Petitioners and Plaintiffs Suzanne Duca, Amalia Coffey, and Dal...

Excerpt: ...smissal And Enter Judgment RULING For reasons stated herein, unless plaintiff's counsel appears at the hearing on the motion and requests supplemental briefing, the Court will grant the motion, in part, vacate the dismissal and enter judgment against defendant Devyne Ellison in the amount of $1,778.00. Plaintiff shall submit a corrected proposed order and judgment and give notice of this ruling to defendant at all known addresses. Background This...

Excerpt: ...intiff Gardner Management, Ltd., filed this unlawful detainer complaint against defendant Ryan Perry on April 19, 2022. The complaint seeks, among other things, past due rent, attorney's fees, interest, and late fees, pursuant to a rental agreement for premises located in Carpinteria, California. (Complaint at ¶ 19.) On June 10, 2022, the Court granted defendant's motion to strike the complaint's request for late fee damages, with leave to amend...

Excerpt: ..., LLP HEARING (1) Motion of Defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to Disqualify Todd Wooten as Derivative Plaintiff (2) Demurrer of Defendant Ron Donaire to Complaint RULING (1) For the reasons set forth herein, the motion of defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to disqualify Todd Wooten as plaintiff is denied. These defendants shall file and serve their responsive pleading on or befo...

Excerpt: ...iff David Matthew Kilrain is overruled. Defendants shall file and serve their answer to the third amended complaint on or before September 22, 2022. Background Plaintiff David Matthew Kilrain filed his original complaint in this action on May 27, 2021. The original complaint asserted a cause of action for negligence against defendants Shoreline Farms LLC (Shoreline Farms) and Aviana Kjos, which was set forth in a Judicial Council form complaint w...

Excerpt: ...Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her class and representative action complaint, filed February 14, 2020, alleges two causes of action against defendant Trader Joe's Company for (1) violation of Labor Code §§ 201 ‐203, and (2) violation of Labor Code § 2698, et seq. (the Private Attorneys General Act of 2004 or PAGA). In its prior rulings, the Court has set forth the detailed background of this c...

Excerpt: ...s, Wheeler Trigg O'Donnell LLP (For other appearances see list) HEARING Motion of Defendant ITW Food Equipment Group LLC for Summary Adjudication RULING For the reasons set forth herein, the motion of defendant ITW Food Equipment Group LLC for summary adjudication is denied. Background The initial complaint in this action was filed on October 24, 2011, on behalf of plaintiffs Julie Lee, Julie Lacey, Lourdes Munoz, Martha Silva, Brandon Adams, Laf...

Excerpt: ...filed in 12/2021. The action stems from the alleged breach of a settlement agreement. Alsana is a behavioral health company that provides residential and outpatient treatment services for persons suffering from eating disorders, chemical dependency, and other mental health issues. Steiner is the former Chief Executive Officer of Alsana's facility in Santa Barbara, California. Steiner worked for Alsana from October 2, 2017, until her separation on...

Excerpt: ...s engaged in the business of cultivation and sale of cannabis products on a wholesale basis to various consumer cannabis companies. Defendant is also a purveyor of cannabis products and is located within Santa Barbara County. In October 2020, Plaintiff entered into a verbal agreement with Defendant regarding a mutual business relationship they intended to pursue together. Pursuant to that agreement, Defendant agreed to cure and process Plaintiff'...

Excerpt: ...nta Barbara and Board of Supervisors of Santa Barbara County: Rachel Van Mullem, Lina Somait, Office of the County Counsel Emails: [email protected]; [email protected]‐barbara.ca.us HEARING (1) Demurrer of Respondents to Petition (2) Motion of Respondents to Strike Portions of Petition (3) Contempt RULINGS (1) The demurrer of respondents County of Santa Barbara and Board of Supervisors of Santa Barbara County to the petition is overrul...

Excerpt: ...ns, is denied without prejudice. Background Plaintiffs Tonya R. Teaney and Brandon T. Mix's First Amended Complaint (FAC), filed on October 28, 2021, alleges two causes of action for breach of contract and fraudulent concealment against defendants Hidden Oaks Ranch, LLC (Hidden Oaks), The Palm Grove, LLC (Palm Grove), and Dennis Hoey (Hoey). As alleged in the FAC, on February 25, 2020, June 29, 2020, and again on March 17, 2021, plaintiffs entere...

Excerpt: ...Ankle Concepts, Inc. committed professional negligence in their pre‐surgical and post‐surgical care of his condition, leading to the partial amputation of his right foot. Special Damages: $300,000.00; General Damages: $250,000.00; estimates 5‐ day jury trial; expects discovery to be done [except experts] by August 1, 2022. The defense reported via Bradley J. McGirr that it expects discovery to be done [except experts] by September 2022. On ...

Excerpt: ...ash is denied. Plaintiff's motion for a protective order is granted in part. The Court limits the production of documents sought in the deposition subpoena for production of business records in accordance with this ruling. Background This is an appeal of an Order, Decision, or Award (ODA) issued by the Labor Commissioner on February 4, 2022. As stated in the ODA, a copy of which is attached to the Amended Notice of Appeal filed on March 3, 2022 (...

Excerpt: ... all reasons noted in this ruling. This ruling is without prejudice to a future noticed motion for appropriate discovery sanctions, if warranted. Background Plaintiff Ronald Heller (Heller) filed this action against defendant Andrew B. Mitchell (Mitchell) on May 25, 2021, alleging a cause of action for legal malpractice related to Mitchell's representation of Heller in his divorce proceedings. Mitchell answered the complaint, in pro per, on Augus...

Excerpt: ...Hicks and Georgette Topakas,Co‐Trustees of the Topakas & Hicks Family Living Trust, dated May 7, 2003: David J. Tappeiner, DT Law Partners, LLP Emails: [email protected]; [email protected]; [email protected] RULING Plaintiff's motion is granted, in accordance with this ruling. Plaintiffs shall submit the judgment. NOTE: This case is also on the 8:30 am Case Management Calendar; the Court will call both matters at 8:30am; you are firs...

Excerpt: ...ells Fargo Bank, NA: Max Fischer, Morgan, Lewis & Bockius LLP (pro hac vice application pending) Emails: [email protected]; [email protected]; [email protected] ; MATTER Defendants Michael Corrigan and Corrigan & Company's Motion To Compel Compliance With Business Records Subpoena By Non‐Party RULING Defendants' motion is denied. Background As alleged in the third amended complaint (TAC), the operative pleading in this matter, ...

Excerpt: ...aylorring.com; [email protected]; [email protected]; NBerkel [email protected] HEARING (1) Demurrer of District to Complaint (2) Motion of District to Strike Portions of Complaint RULINGS 1. The demurrer of defendant Santa Barbara Unified School District is sustained, with leave to amend, as to the fifth cause of action of plaintiff John Doe #2's complaint (for breach of mandatory duty: failure to report suspected child abuse), and is sust...

Excerpt: ...Inc.'s demurrer is sustained without leave to amend. Background Plaintiff Rusty Rendon's original complaint, filed on February 16, 2022, alleged one cause of action for violation of the Unruh Civil Rights Act, Civil Code section 51 et seq. (Unruh Act), against defendant Procore Technologies, Inc. (Procore). Pursuant to the Court's Minute Order dated April 27, 2022 (Minute Order), the Court sustained Procore's demurrer to the complaint, with leave...

Excerpt: ...rticulture Farmland, LLC: Robert J. Noriega, Mark R. Bateman, Brett A. Stroud, Lauren N. Naworski, Law Offices of Young Wooldridge, LLP Emails: [email protected]; [email protected]; mtang@ty sonmendes.com; [email protected]; joe.salazar@lewisbrisboi s.com; [email protected]; [email protected]; mb [email protected]; lnaworski- [email protected]; [email protected]; cc: Email string ...

Excerpt: ...2. 2. FIC's motion to sever and reclassify the Cross-Complaint as Limited Jurisdiction is denied. 3. FIC's request for Judicial Notice in support of the Demurrer is denied. 4. FIC's Motion to Strike Punitive Damages is granted. 5. CEI's requests for Leave to Amend and/or to name Melody Yoon and Jeffrey Abbott of FIC is denied. Analysis Demurrer by FIC The court's only task in ruling on a demurrer is to determine whether the complaint states a cau...

Excerpt: ...rrisoncohen.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; boden@g‐ tlaw.com; downs@g‐tlaw.com; Matter ALSANA'S demurrer, motion to strike and anti‐SLAPP motion against Steiner's Cross‐Complaint [“CC”]; Evidentiary Objections. Rulings 1. Evidentiary Objections: 1. To Declaration of Jennifer Steiner Paragraph 12 (3:16‐19): Overruled Paragraph 13 (3:...

Excerpt: ...we's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTERS (1) Demurrer to Complaint (2) Motion to Strike RULING (1) Defendant Lowe's Home Centers, LLC's, demurrer is sustained without leave to amend. (2) Defendant Lowe's Home Centers, LLC's, motion to strike is granted. Background As alleged in plaintiffs' complaint filed on January 14, 2022, pla...

Excerpt: ...y Delaney for an award of reasonable attorney fees and costs pursuant to Code of Civil Procedure section 425.16, subdivision (c) is granted. The Court awards reasonable attorney fees and costs in favor o f defendant Timoth y Delane y and a gainst plaintiff Viviane Delan y in the amount of $18,665 . Background On September 8, 2021, plaintiff Viviane Delane y (Viviane) filed her ori ginal complaint in t action. On January 6, 2022, Viviane filed her...

Excerpt: ...e's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTER Demurrer To Complaint RULING Defendant LG Electronics U.S.A., Inc.'s demurrer to the complaint is sustained without leave to amend. Background As alleged in plaintiffs' complaint filed on January 14, 2022, plaintiffs Kristin Fraser and Jason Lloyd purchased a 2019 LG clothes dryer from defen...

Excerpt: ...ion is GRANTED. Plaintiff has submitted a Judgment that provides “that Plaintiffs motion shall be granted, and judgment shall be entered.” The Court wants a judgment consistent with the analysis below; to wit: Judgment in the amount of $86,424.97 including costs pursuant to a memorandum of costs. Background This is a debt collection action. On October 20, 2017, plaintiff SoFi Professional Loan Program Grantor Trust 2014-B filed a complaint al...

Excerpt: [email protected] Los Posas v Fox Canyon master email string Matters 1. Kirschbaum's Motion to Disqualify (1) attorne ys Russell McGlothlin, Scott Slater, Matt Farber Schreck LLP from representing any party to this action. 2. Peremptor y Challen ge filed 6/9/22 b y the Law Offices of Youn g Wooldrid ge, LLP Attor 3. Evidentiary Objections 4. Request to Strike and Ob jections to new evidence presented in the Declaration of Neal M 5. Reque...

Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...

Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...

Excerpt: ... Sons, LLC Motion To Set Aside Judgment By Stipulation RULING Plaintiff Teng & Sons, LLC's, motion to set aside the judgment by stipulation entered on February 16, 2022, is granted in accordance with this ruling. Defendant Fnu Boendianto's motion to enforce judgment terms is moot and ordered off calendar. Background This is an unlawful detainer proceeding that settled on December 29, 2021. Before the Court are competing motions. Defendant Fnu Boe...

Excerpt: ...2 without objection. The request to impose sanctions on Fiore and its counsel of record Daman & Associates, LLC in the amount of $5,080 is GRANTED; said sanctions to be paid by 5/10/22. Analysis This Motion was advanced from 5/18/22 per ex parte order filed 4/18/22; the trial date is 6/1/22 and the MSC is 5/6/22; time is of the essence. Moving Papers Supported by the Declaration of Jared Katz and a Memorandum of Points and Authorities; summarized...

Excerpt: ...aw Emails: [email protected]; [email protected]; lsavitt @ br gslaw.c o MATTERS (1) Plaintiff's Motion To Compel Further Responses To Requests For Production and Request F (2) Plaintiff's Motion To Compel Further Responses To Interrogatories and Request For Sancti o RULING The Court will continue the hearin g on plaintiff's motions to June 1, 2022. On or before M for the Motions to Compel Further Responses to the Requests For P...

Excerpt: ...nctions RULING (1) For the reasons set forth herein, the demurrer of defendants Lil' Wave Financial dba Open Door Lending, Gillee Sherman, and Superior Loan Servicing to the complaint of plaintiff Eileen Lazar is sustained, with leave to amend, as to the second and third causes of action, and is otherwise overruled. Lazar shall file and serve her first amended complaint on or before May 12, 2022. (2) For the reasons set forth herein, the motion o...

Excerpt: ...kground This action arises out of a motor vehicle accident that occurred on May 6, 2020, at the intersection of Hollister Avenue and Los Carneros Road in Goleta, California. Plaintiff George Nicholas Rogers alleges the accident was caused by defendant Gundi Birk's negligence. On May 18, 2021, plaintiff filed a complaint alleging a single cause of action for negligence against defendant. On January 6, 2022, plaintiff filed a motion for leave to fi...

Excerpt: ...laintiff's motion to compel defendant to provide further responses to Request for Production of Documents (Set 1) and for sanctions of $2,852. RULINGS The motions are denied. Background Plaintiff Ronald Heller filed this action, in pro per, against defendant Andrew B. Mitchell on May 25, 2021, alleging a cause of action for legal malpractice related to defendant's representation of him in his divorce proceedings. Mitchell answered the complaint, ...

Excerpt: ...iffs Tonya R. Teaney and Brandon T. Mix filed a complaint for breach of contract, fraudulent conduct and bad faith against defendants Hidden Oaks Ranch, LLC (“Hidden Oaks”), The Palm Grove, LLC (“Palm Grove”), and Dennis Hoey (“Hoey”). On October 28, 2021, plaintiffs filed a First Amended Complaint (“FAC”) for breach of contract and fraudulent concealment against these same defendants. The FAC seeks economic damages in the amount ...

Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...

Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...

Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...

Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...

Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...

Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...

Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...

Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...

Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...

Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...

Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...