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: [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...