Excerpt: ... Ch r is t in a Th o m a s a n d Ale xa n d r e H o r t (c o lle c t iv e ly “p la in t if f s ”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting forth 10 caus es of action. On August 8, 2023, plaintiffs filed their first amended complaint. On October 23, 2023, plaintiffs filed their second amended complaint (“SAC”) setting forth causes of action for: (1) Breach of contract; (2) Violation of Sta...

Excerpt: ... cross- actions arise out of the ownership of real property located at 1790 Eucalyptus Hill Road, Santa Barbara (the Property) by plaintiff, cross-defendant, and cross -c o m p la in a n t Alis o n E. Chase and defendant , c r o s s-complainant, and cross -defendant Brian M. Metcalf. (1 ) P r o c e d u r a l H is t o r y On June 7, 2021, Chase filed her original complaint in this action asserting a cause of act ion for part it ion sale of the Pro...

Excerpt: ...Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, ¶ ¶ 1, 17, 40.) As alleged in the complaint, during Johnson's e m p lo y m e n t w it h t h e Cit y , s h e w a s r e s p o n s ib le f o r h ig h v is ib ilit y , h ig h -le v e l, a n d complex assignments on behalf of the City Administrator and City Council which involved directing interdepa rtmental teams, serving as the...

Excerpt: ...0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Constru ction Company (“KT”) setting forth causes of action for: (1) Negligence; (2) Negligence per se; (3) Breach of contract; (4) Breach of implied and express warranties; and (5) Breach of implied warranti...

Excerpt: ...nt, if any, on or before May 6, 2024. Background: Th e f ir s t a m e n d e d c o m p la in t (F AC) f ile d b y p la in t if f Lilly Te is h e r in t h is m a t t e r o n December 22, 2023, is the operative pleading. As alleged in the FAC: Defendant Sigma Nu, Kappa Eta Chapter (Kappa Eta) is a branch of defendant Sigma Nu Fraternity, Inc. (Sigma Nu National) that operates a fraternity house located at 6587 Del Playa Drive in Goleta, California (...

Excerpt: ...Multiservice Santa Barbara, LLC seeking injunctive relief for alleged violations of the Immigration Consultant Act. On December 5, 2023, plaintiff made a settlement offer that included enjoining defendants from further violations of the Immigration Consultant Act and payment of fees and costs in the amount of $12,500.00. (Brown Dec., ¶ 1 & Exh. 1.) Defendant accepted the o ffe r. (Bro w n D e c ., ¶ 2 & Exh . 2 .) On January 10, 2024, the parti...

Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...

Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...

Excerpt: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...

Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...

Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...

Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...

Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...

Excerpt: ...n d a n t is d e n ie d as to the ninth cause of action alleged in plaintiff's complaint. (2) For all reasons discussed herein, the motion of plaintiff to seal the declaration of Alexander Alobeydi is granted. The declaration of Alexander Alobeydi lodged conditionally under seal on February 20, 2024, is ordered filed under seal. No ot he r court records or records relating to the case are to be sealed at this stage of the proceedings. Only the co...

Excerpt: ...or assault, battery, in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s , a n d n e g lig e n c e . As alleged in the complaint: On May 19, 2022, at 20 Winchester Canyon Road, Goleta, plaintiff was approached by defendant, who is taller and heavier than plaintiff, wherein an argument ensued, and defendant picked plaintiff up and dropped him to the floor causing injuries. (Complaint, ¶ 4.) Defendant was served with the summon...

Excerpt: ... as the status of the District Court case, no later than April 17, 2024. 3. P la in t if f s h a ll p r o v id e n o t ic e o f t h is r u lin g t o a ll p a r t ie s . Background: Th is a c t io n c o m m e n c e d o n J u ly 3 , 2 0 1 8 , b y t h e f ilin g o f t h e o r ig in a l c o m p la in t b y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does ...

Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...

Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...

Excerpt: .... shall revise the proposed order to reflect that the application for determination of good faith settlement was challenged. Background: Th is a c t io n c o m m e n c e d o n M a y 2 , 2 0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Construction Company (�...

Excerpt: ...ff County of Santa Barbara: Rachel Van Mullem, Daniel Lopez For Defendant American Surety Company: John M. Ro r a b a u g h TEN TATIVE RULIN G : American Surety Company's motion to vacate summary judgment, reinstate, and exonerate bail bond is denied. Background: On July 16, 2021, in criminal case No. 21CR05624, defendant American Surety Company (“ASC”) posted bond number AS100 -161926, in the amount of $100,000.00, for the release of crimina...

Excerpt: ...r Seal 2. Nina Johnson's Motion to File Records Under Seal 3. City Of Santa Barbara's Motion for Judgment on the P le a d in g s ATTO RN EYS : Fo r P la in t iff Nin a J o h n s o n : Christina A. Humphrey, Robert N. Fis h e r , Ch r is t in a H u m p h r e y La w , P .C. For Defendant City of Santa Barbara: Sa ra h J. Kn e c h t , To m R. Shapiro, John S. Doimas, Office of the City Attorney TEN TATIVE RULIN G : For all reasons discussed herein: ...

Excerpt: ...RN EYS : For Pla int iff Ferna ndo Ca st ro -Ra m ir e z : Nancy Zhang, Corinna Jiang, Consumer Law Experts, PC For Defendant General Mot ors, LLC : Mary Are ns McBride , Ryan Kay, Erskine Law Gr o u p , P C TEN TATIVE RULIN G : (1) For all reasons discussed herein, the motion of plaintiff to compel further responses and documents to plaintiff's request for production of documents, set o n e , is d e n ie d w it h o u t p r e ju d ic e . (2) Plai...

Excerpt: ... 2024 HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EY...

Excerpt: ...HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EYS : Fo...

Excerpt: ...n ad litem Julia E. Briscoe a nd Julia E. Briscoe: J u lia E. Br is c o e For Defendants Tracie Simolon and the Archdiocese of Los Angeles Education & Welfa re Corpora t ion : Fre d Grannis TEN TATIVE RULIN G : (1) For all reasons discussed herein, the demurrer of defendants to plaintiffs' complaint is sustained, in part and with leave to amend as to the second, third, fourth, and fifth causes of action alleged in the complaint and titled as, re ...

Excerpt: ...nted For Defendant Fiore Management, Inc. : Fre de rick W arre n Strasser, FW Strasser Associates LLC TEN TATIVE RULIN G : (1 ) For the reasons set forth herein, the hearing on the motion of counsel for defendant Fiore Management, Inc., attorney Frederick Warren Strasser, is continued to April 26, 2024. Attorney Strasser shall serve the moving papers together with this ru ling continuing the hearing on Fiore Management on or before April 5, 2024,...

Excerpt: ...s or costs will be awarded. Background: This action commenced on August 1, 2023, by the filing of the complaint by plaintiff J. Blair Pence II against several defendants including Richard D. Starnes, individually and dba RDS Architecture & Planning (collectively “Starnes”), Mark Thomas Ventura, individually and dba Ventura Pools, Ventura Pools, Inc., dba Ventura Pools, Scott Joseph Ventura, individually and dba Ventura Pools, Microplasma Ozon...

Excerpt: ...e and serve their answer to plaintiff's first amended complaint on or before March 18, 2024. Background : On February 28, 2023, plaintiff David McKay filed a complaint against defendants Hopp Technologies, Inc., (Hopp), Fabrice Allain (Fabrice), Antoine Allain (Antoine), Ratna Madeka (Madeka); Matt Barnes (Barnes), Khalid Taylor (Taylor), and Ray Young (Young) (collectively, defendants), alleging nine causes of action: (1) fraud; (2) civil conspi...

Excerpt: ...ation of municipal ordinances. 3. Defendants' motion to strike is denied in its entirety. 4. Plaintiffs shall file and serve their third amended complaint no later than March 29, 2023. Background: This action commenced on June 27, 2023, by the filing of the complaint by plaintiffs Haley Christina Thomas and Alexandre Hort (collectively “plaintiffs”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting fo...

Excerpt: ...use of action, first paragraph no. 1 (“For disgorgement of all sums paid under the illegal Construction Agreement”); prayer for relief, first cause of action, first paragraph no. 3 (“For attorney's fees”); and prayer for relief, second cause of action, second paragraph no. 2 (“For attorney's f e e s ”). (3) Leave to amend granted herein is limited to providing further allegations relating to any claim for disgorgement and or attorney'...

Excerpt: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...

Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...

Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...

Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...

Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...

Excerpt: ...2 ) As set forth herein, by the granting of leave to file a second amended complaint, the demurrer to the first amended complaint is moot and ordered off c a le n d a r . (3 ) For the reasons set forth herein, the motion of defendant for a protective order is denied. Plaintiffs' request for an award of monetary sanctions is denied. Background: On May 12, 2023, plaintiffs Alex Pananides, individually and as trustee of the Alexander Nicholas Panani...

Excerpt: ... 1 , 2 0 2 4 , t h e p a r t ie s s h a ll s u b m it a jo in t r e p o r t , o r in d iv id u a l s t a t u s r e p o r t s , in accordance with this ruling. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d );...

Excerpt: ... in t if f ”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (5) Failure to pay wages when due. (6) Unfair Business Practices. (7) Unlawful retaliation. As alleged in the complaint: In April 201...

Excerpt: ...that request is denied. The Court's order compelling responses without objections is made without prej u d ic e to BMW's ability to file a properly supported motion for relief from its waiver of objections. If such a motion has been filed and served prior to March 7, 2024, the March 7, 2024, deadline for providing responses without objections will be deferred pending a ruling on the motion. Background : P la in t if f 's c o m p la in t , f ile d...

Excerpt: ...heston Administrative Trust under the Cochran-Cheston Trust (the Administrative Trust), and as Trustee of the Bayshore Tower Apartments Trust (the Bayshore Trust) (collectively, plaintiff) filed a complaint against defendant Bayshore Housing, LLC. The complaint alleges three causes of action against defendant: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) declaratory relief. As alleged in the complaint...

Excerpt: ... First Amended Complaint is overruled. 4. Defendants County of Santa Barbara and California Coastal Commission shall file and serve their answers to plaintiff's first amended complaint no later than February 29, 2024. Background: This action commenced on March 9, 2023, by the filing of the original petition and complaint by plaintiff Casa Blanca Beach Estates Owners' Association (“CBBEOA”) against defendant State of California ex rel. State L...

Excerpt: ...rrer is overruled. (2) For all reasons set forth herein, defendant's motion to strike the fourth and fifth causes of action alleged in plaintiff's first amended complaint is denied. (3) Plaintiff shall file and serve her second amended complaint, if any, on or before February 20, 2024. (4) At the hearing on defendant's demurrer and motion to strike, the parties shall be prepared to discuss, in accordance with this ruling, consolidation of the pre...

Excerpt: ...ttend the hearing in this matter, either in-person or remotely, to discuss the scheduling of a further Case Management Conference. 3. Defendants' motions to compel further responses to discovery are taken off-calendar to be re-set for hearing after the stay is lifted. Background: This action was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Von...

Excerpt: ... (“Trident”), and SCI Shared Services (“SCI”) containing seven causes of action: (1) Recovery of Unpaid Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Timely Furnish Accurate Itemized Wage Statements; (5) Violation of Labor Code section 203; (6) Unfair Business Practices; and (7) Disability Discrimination. Plaintiff alleges that defendants are her former employers, and she was empl...

Excerpt: ...reach of the implied covenant of good faith and fair dealing will be overruled; and (3) The demurrer to the third cause of action for breach of obligation to report payments on judgment will be sustained, without leave to amend. Background: On January 18, 2023, plaintiff Henry Aguila (Aguila) filed a complaint, in pro per, against defendants First American Title Insurance Company (First American), Pico Rivera First Mortgage Investors, LP (Pico Ri...

Excerpt: ...ative pleading in this matter. (Note: Due to common familial surnames, the court will refer to plaintiffs individually by their first names to avoid confusion. No disrespect is intended.) As alleged in the FAC: On February 22, 2019, Sophie, who was 17 years old at the time, was attending San Marcos High School (San Marcos) and was chosen to perform in a variety talent show for the school's theater department. Under the direction of San Marcos and...

Excerpt: ...mutually agreed, or further order of the court, payment for fees and costs is to be made no later than March 15, 2024. Background: This action arises out of a dispute over alleged defects in a home in Los Angeles that plaintiffs Nicole Nagel and ESY Investments, LLC, purchased from defendants Tracy Westen and Linda Lawson in June 2011. The parties arbitrated the dispute, and, on August 5, 2013, plaintiffs were awarded $4.595 million in damages, c...

Excerpt: ...iffs first amended complaint no later than February 16, 2024. Background: This action was commenced on July 27, 2023, by the filing of the complaint by plaintiff Ocean Walk at North Campus Owners Association ("Ocean Walk") against defendants Stronghold Engineering Incorporated ("Stronghold") and Pat McCarthy Construction, Inc., dba McCarthy Companies ("McCarthy") for: (1) Violation of Standards for Residential Construction; (2) Breach of Implied ...

Excerpt: ...the claim with requisite specificity, is overruled as to defendant O'Callaghan, and sustained with respect to defendants Sansum Clinic and Sansum Santa Barbara Medical Clinic, Inc., with leave to amend on or before February 16, 2024. BACKGROUND: Plaintiff Jane Doe (Doe) filed the current achon on January 31, 2023. Her original complaint named as defendants W. Kiernan O'Callaghan, M.D. (O'Callaghan), Sansum Clinic, and Sansum Santa Barbara Medical...

Excerpt: ...l complaint in this action against defendants Ply Gem Pacific Windows Corporation (Ply Gem) and Homer T. Hayward Lumber Co. (Hayward) alleging six causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) product liability— design defect; (5) product liability—manufacturing defect; and (6) negligent misrepresentation. (Complaint, 8, Prod. L-4, Prod. L-5, Prod. L-6 & Attach...