Excerpt: ... on the part of defendant and awarding plaintiff $2,000,000 in past non-economic damages and $1,250,000 in future non-economic damages. The jury was polled and the verdict was supported by 11 of the twelve jurors. Judgment was filed on 6/13/2023. Defendant has filed a motion for a new trial pursuant to CCP section 657, 659 or for a remitter pursuant to CCP section 662.5. Plaintiff has filed opposition. The Court finds that the evidence was suffic...

Excerpt: ...al injury action on December 15, 2021, by plaintiff William B. Rosenberg (“Rosenberg”) against defendant The Ritz-Carlton Hotel Company, LLC (“Ritz”). As alleged in the judicial council form complaint, on December 25, 2019, Rosenberg, while a guest at a Ritz property in Santa Barbara, slipped and fell down a marble staircase due to a dangerous and defective condition. (Complaint, ¶ GN-1.) Rosenberg alleges that he suffered wage loss, hos...

Excerpt: ...nlawful detainer against defendant Luke Strauss (Strauss). As alleged in the complaint, Strauss agreed to rent premises located at 5671 Calle Pacific in Carpinteria, California (the premises) from plaintiff's deceased brother-in-law Brian Daily (Daily) as a month-to-month tenancy pursuant to a written agreement (agreement) dated February 1, 2022. (Complaint, ¶¶ 3.a., 6.a(1), 6.b(4).) Strauss agreed to pay monthly rent of $4,000. (Id. at ¶ 6.a(...

Excerpt: ...ded complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (8) violation of title 42 United States Code section 1983. Defendants the Santa Barbara County Sheriff's Department, the County of...

Excerpt: ...it 1 to its opposition to defendant's demurrer, on or before August 28, 2023. (2) For all reasons discussed herein, the Court overrules the demurrer of cross-defendant Bernardino Garcia Hernandez to the cross-complaint filed by James P. Gerety. Cross-defendant shall file and serve his answer to the cross-complaint on or before August 28, 2023. Background: The complaint filed in this matter on January 19, 2023, by plaintiff American Mutual Insuran...

Excerpt: ...on. The Court intends to sign the proposed order submitted by defendant ISL Employees, Inc. Background: On May 31, 2023, plaintiff Antonia Ramirez, individually and on behalf of current and former non-exempt California employees, filed a class action complaint against defendants ISL Employees, Inc. (ISL), The Oak Cottage of Santa Barbara, LLC (Oak Cottage), and ADP Totalsource I, Inc. (ADP) (collectively, defendants) asserting eleven causes of ac...

Excerpt: ...50, and 54 is granted. GM shall provide verified, code compliant, further responses to RFPs Nos. 28, 29, 30, 31, 32, 38, 41, 43, 50, and 54, without objections except as to privilege, no later than September 1, 2023. To the extent that documents are claimed to contain trade-secrets, they will be subject to the stipulated protective order. For any documents withheld on the grounds of privilege, plaintiff shall serve a privilege log identifying eac...

Excerpt: ... cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock became indebted to Capital One on an open book account and account stated in writing for money lent by Capital One to Lock at Lock's request. The amount of $8,054.97 is the reasonable value that is due from and unpaid by Lock. Defendant answered the complaint on December 3, 2021, denying based upon lack of knowledge sufficient to ...

Excerpt: ...ed below, the Court will overrule defendants' general demurrers to the fifth cause of action for sexual harassment in violation of Civil Code section 51.7, and sixth cause of action for intentional infliction of emotional distress. For the reasons more fully articulated below, the Court will sustain defendants' general demurrer to the seventh cause of action for violation of the Ralph Act. For the reasons more fully articulated below, the Court w...

Excerpt: ...ttorney fees are awarded in favor of plaintiffs Nicole Nagel and Esy Investments, LLC, and against all defendants, jointly and severally, in the total amount of $6,369,793.98. $3,515,775.50 payable to Barnes & Thornburg, LLP; $316,145.89 to Rincon Venture Law Group; $114,640.00 to Kathleen Bliss Law PLLC; and $2,423,232.59 to Valle Makoff LLP. (2) Costs in favor of Plaintiffs a. Costs in the amount of $3,559.00 are allowed for filing and motion f...

Excerpt: ..., and Diego Rodriguez Garcia filed their original complaint in this action against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC generally denying t...

Excerpt: ...ff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages, and $5,620.42 in taxes, fees, and gratuity. When presented with the final invoice at 3:14 a.m. on October 16, 2021, defendant refused to pay any portion of the bill. The complaint states causes of action for breach of contract, unjust enrichment, fraud, common count (goods and services ren...

Excerpt: ...birth at Santa Barbara Cottage Hospital (the hospital). Plaintiff Roe filed her original complaint in this matter on December 22, 2022, alleging five causes of action for violation of Civil Code section 52.1 (the Tom Bane Civil Rights Act or Bane Act), battery, sexual battery, medical battery, and intentional infliction of emotional distress against Dr. Ramos and Dr. Susanne L. Ramos, M.D., Inc. (Ramos MD) (collectively, defendants.) After the Co...

Excerpt: ...seeks to obtain the full fee interest of real property located at 2726 and 2728 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Yanez decl., ¶ 3.) The Project al...

Excerpt: ... will order this matter transferred to North County to be reset for hearing upon transfer unless plaintiff shows good cause for why this matter should not be transferred. Any papers responding to the court's ruling herein shall be filed and served on or before August 4, 2023. Background: Plaintiff David Noriega's complaint filed on June 29, 2022, alleges two causes of action for premises liability and negligence against defendants Floriano's Mexi...

Excerpt: ...Plaintiffs allege that defects and nonconformities to the warranty manifested within the express warranty period, including, but not limited to, transmission defects, that the defects substantially impair the use, value, or safety of the vehicle, and the value of the vehicle is therefore worthless or de minimis. While Ford had an affirmative duty to promptly offer to repurchase or replace the vehicle when it failed to conform the vehicle to the t...

Excerpt: ...ction. By this action, the City seeks to obtain the full fee interest of real property located at 2733 and 2735 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Ya...

Excerpt: ...Willis, and minors Enzo Willis and Mia Willis by and through their guardian ad litem. As alleged in the FAC, on May 1, 2018, plaintiffs were stopped in their vehicle on U.S. Highway 101 at the Nojoqui grade in the County of Santa Barbara when a vehicle driven by defendant Felipe Hernandez, who is an employee of defendant the California Highway Patrol (“CHP”), struck plaintiffs' vehicle. (FAC, ¶ 13.) The collision injured plaintiffs and cause...

Excerpt: ...e a supplemental brief in accordance with this ruling that provides legal authority for the order requested in the present motion. Plaintiff shall give notice of this ruling to defendant at all known addresses. Background: On October 12, 2021, plaintiff Capital One Bank (USA), N.A. (Capital One) filed a complaint alleging one cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock becam...

Excerpt: ...gement Services, LLC (Partners) filed its complaint in this matter on February 17, 2023, alleging three causes of action against defendant Noble House Home Furnishings LLC (Noble House) for (1) breach of contract, (2) nonpayment on an open book account, and (3) nonpayment on an account stated. As alleged in the complaint, Partners provides temporary labor to businesses. Noble House is in the business of distributing home furnishings. On September...

Excerpt: ...er responses, including responsive documents, without objections other than those based on privilege, no later than August 11, 2023. 3. The motion to compel further responses to requests Nos. 6, 7, 8, 9, and 10 is denied, without prejudice as set forth below. 4. To the extent that defendant withholds documents based on privilege, defendant shall serve a privilege log identifying each responsive document withheld on the ground of privilege togethe...

Excerpt: ...Management Services, LLC (Partners), published and disseminated a letter dated December 4, 2020 (the letter or subject letter), directly to BaronHR West's clients and business partners, and to a professional network in the staffing industry. (Complaint, ¶¶ 7, 22 & Exh. A.) In the letter, Partners made statements against BaronHR and its principal shareholder that were false and misleading, including that BaronHR was affiliated with “Checkmate ...

Excerpt: ... (MTD) in 2006. (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Olivera worked continuously for MTD from 2006 until March 2020. (PSS, undisputed fact 2.) During his employment with MTD, Olivera was represented by the International Brotherhood of Teamsters, Local 186 (Union). (PSS, undisputed fact 3.) Olivera's employment with MTD was covered by a collective bargaining agreement between MTD and the Union (CBA). (PSS, undisputed...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...ff, is $335,000.00. (3) Plaintiff's counsel shall attempt to reduce the child-support lien and Medi-Cal lien and provide those amounts to defense counsel. Defense counsel shall issue separate checks to satisfy the liens. Plaintiff is responsible for any and all other liens that may exist. (4) There is a waiver of the provisions of Civil Code section 1542. (5) Defendants shall prepare a formal judgment, on these terms, and submit it to the court, ...

Excerpt: ... in this action on October 20, 2020. On October 30, without any response having been filed by any party, Stiglmier filed his first amended complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the fi...

Excerpt: ...efore July 24, 2023. Defendant Fiore Management shall concurrently serve a privilege log as to all responsive documents withheld from production on the grounds of privilege, which privilege log shall include a statement of all facts necessary for the court to determine the application of the asserted privilege to each withheld document. Defendant Fiore Management shall concurrently produce for inspection all responsive documents to these requests...

Excerpt: ...r the reasons more fully articulated below, the motion will be denied with respect to service by publication as to Respondent Dusty Berke, as Trustee of the Stuart Rubin Children's Trust dated December 21, 2001. For the reasons more fully articulated below, the motion will be denied with respect to service of any defendant by email. Background: In this proceeding, filed on November 14, 2022, Petitioner/Plaintiff Cappello & Noël LLP (Cappello) se...

Excerpt: ...rt prior to the continued hearing date. Background: As alleged in the complaint filed February 25, 2022, in the late-night hours of October 15, 2021, through the early morning hours of October 16, 2021, defendant Jrake Stanley (Stanley) patronized a restaurant and lounge operated by plaintiff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages,...

Excerpt: ...pliant motion in accordance with this ruling. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the highway) at the intersection (the intersection) of Las Varas Ranch Access Road (Las Varas) in an unincorporated area of Santa Barbara County north of the City of Goleta. The operative pleading is the Second Amended Complaint (SAC) filed on December 16, 2020, by plaintiffs Austin Buist and Maverick Buist, w...

Excerpt: ...es by both defense counsel and the court clerk are no longer applicable. In all other respects the tentative stands. TENTATIVE RULING: Because of the unusual circumstances which exist in this case, which are described in detail below, due process requires the Court to vacate the order compelling plaintiff to respond to discovery. Consequently, the motion for terminating sanctions based upon plaintiff's failure to comply with a court order compell...

Excerpt: ...erest Helen Hammond (“plaintiff”) filed its judicial council form complaint against the State of California, County of Santa Barbara, City of Santa Barbara, D&J Auto Shop, Louis Daniel Monreal, and Jose Monreal alleging causes of action for motor vehicle negligence, general negligence, negligence per se, wrongful death, survival action, and exemplary damages. As alleged in the complaint: On November 4, 2021, Shelby C. Brady (“decedent”), ...

Excerpt: ... was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction ...

Excerpt: ... order on the mandatory Judicial Council of California form VL-100 for the court's review. Except as otherwise herein granted, defendants' motion is denied. Background: As alleged in the complaint filed by plaintiff Henry Aguila on January 18, 2023, plaintiff Aguila is the sole shareholder of Thee Aguila Inc. (TAI). TAI borrowed the sum of $5,700,000 from defendant Pico Rivera First Mortgage Investors LP (Pico Rivera) (the loan) which was secured...

Excerpt: ...ds “or refute,” no later than July 7, 2023. Background: This action was commenced on April 22, 2022, by plaintiff Maria Azari (“plaintiff”) 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. (...

Excerpt: ...he filing of the complaint for violation of statutory obligations by Eric Koopmans and Lynda Koopmans (collectively “plaintiffs”) against General Motors, LLC (“defendant”). The complaint contains the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Violation of Civil Code section, 1793.2 subdivision (B); (3) Violation of Civil Code section 1793.2, subdivision (A)(3); (4) Breach of the Implied Wa...

Excerpt: ..., he fell into the waters of the Santa Barbara Harbor. (See Mubanda v. City of Santa Barbara (2022), 259 (Mubanda).) Defendants Skip Abed and Blue Water Boating, Inc. (BWB) now move for summary judgment or alternatively for summary adjudication. (1) Procedural History On February 6, 2018, plaintiff Agnes Nabisere Mubanda filed her original complaint in this action. Mubanda is alleged to be Kabogoza's mother and successor in interest to Kabogoza (...

Excerpt: ...022, entitled Jennifer Montoya vs. FPR II, L.L.C., et al. (2) For all reasons discussed herein, plaintiff and defendant are ordered to jointly file or separately file and serve a Notice of Related Case on or before June 21, 2023, both in this matter, and in case number 23CV00298 filed with this court on January 25, 2023, entitled Juan Manso Gontez vs. Marborg Industries, et al. Background: On October 20, 2022, plaintiff Juan Manso Gontez filed a ...

Excerpt: ...base a claim for punitive damages. Defendant Randall Sike shall file and serve his answer to plaintiff's complaint, as herein modified, no later than July 7, 2023. Background: This action arises from an automobile versus pedestrian accident that occurred on June 3, 2022, in the City of Goleta, Santa Barbara County, California. Plaintiff filed her complaint on October 31, 2022, asserting causes of action for motor vehicle negligence, general negli...

Excerpt: ...ot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald Wilmot (Plaintiff) and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, the Wilmots filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. Fo...

Excerpt: ...s with its original tentative ruling. TENTATIVE RULING: For the reasons set forth herein: (1) Plaintiffs Motion for Preliminary Injunction is Granted as follows: 1. Defendant is enjoined from initiating or pursuing any eviction proceedings against plaintiff, outside of the current litigation, until conclusion of this matter or further order of the court. 2. Plaintiff shall post bond of within 5 court days of the hearing and prov-de proof of same....

Excerpt: ...ark Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck to strike portions of plaintiff's first amended complaint is denied. (3) Defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck shall file and serve their answers to the first amended complaint on or before June 26, 2023. Background: As alleged in plaintiff's verified first amended complaint (FAC): Plaintiff Max Liskin, as trustee of the Max Liskin Tru...

Excerpt: ...int alleges that defendant has been renting premises located at 517 Wentworth Avenue, Unit C, Santa Barbara, within the city limits of Santa Barbara, since January 1, 2021, on a month-to- month basis, with monthly rent of $1,550.00. (Complaint, ¶¶ 3, 6.) The tenancy is subject to the Tenant Protection Act of 2019. (Id. at ¶ 7.) Defendant was served with a three-day notice to pay rent quit on March 31, 2023. (Id. at ¶ 9 & Exh. 2.) On May 15, 2...

Excerpt: ... 3 Costs in the amount of S 1,392 _ 10 are allowed for service of process; 4 Costs in the amount of S4,539.00 are allowed for court reporter fees; 5 Costs in the amount of 54,526.47 are allowed for models: enlargements, and 6 photocopies of exhibits; Costs in the amount of S52_ 10 are allowed for electronic filing fees; 7 8. No costs are allowed for hosting electronic documents _ (2) Huntsville Defendants: 1. Costs in the amount are allowed for f...

Excerpt: ...: 201 S: Gary Gordon: Trustee of the Edmond W _ Gordon Separate Property Trust: transfeffed title to real property located at 1790 Eucalyptus Hill Road, Santa Barbara, California (the property) to plaintiff and defendant as joint tenants. Plaintiff and defendant each hold an undivided one-half fee simple interest in the property. Pentagon Federal Credit Union is the owner of a $122522000 note secured by a deed of tmst on the Property. After the p...

Excerpt: ...atory no. 17 _ 1: for requests for admission nos. 1 through 15, 17 through 19, and 21 through 25 served on Luis E. Perez, without objections except as to privilege and m accordance with this ruling. (2) For all reasons discussed herein: the court grants the motion of defendant Partners Personnel- Management Sen-ices: LLC, to compel åurther interrogatory responses from plaintiff BaronHR West Inc. Plaintiff shall serve code compliant verified Hart...

Excerpt: ...on the pleadings and grants such motion as to the twelfth affirmative defense without leave to amend. Background: (1) Background F acts On June 30, 1977, an easement of record was created by a reservation from a Grant Deed from Montecito Country Club: a colpration: to William C. Alexander and Charles K. Schmidt: which was recorded in the real estate records reserving an easement ' 'for cart path and greens-keeper trucks purposes. " (the Recorded ...

Excerpt: ... paragraph: "Plaintiff is granted possession ofthe premises beginning on 1 2021 _ Defendant applying for or receiving rental assistance is independent and separate of plaintiff s right to possession." The court clerk will issue a writ of possessiom Plaintiff is to provide the coun with a corrected judgment: for signature, and a completed writ of possession that complies u.ith all statutory requirements Background: The action Ivas filed as an unla...

Excerpt: ... section 1013 _ Defendant shall also properly serve a copy of his answer to the complaint on plaintiffs counsel and notice of the court' s ruling hereim Background: This is an unlawftl detainer action filed by plaintiff Abdul Yahyavi against defendant Timothy Lee. As alleged in plaintiff s complaint filed in this matter on April 10: 2023 plaintiff is the landlord of premises læated at 212 Oceano Avenue Unit in Santa Barbara: California (the prem...

Excerpt: ...Meadows entered into a written six-month residential lease on May 4, 2022: for the rental of a room located at 671 Arundel Road: Goleta: at S 1, 100.00 per month in rent. (Complaint: 6) However: this is contradicted by the lease that is attached to the complaint The lease shou•s that the term of the lease is one year. Marquis alleges that the tenancy is subject to the Tenant Protection Act of 2019. (Complaint: 7 On March 22, 2023, a Three-Day N...

Excerpt: ... was commenced on June 22, 2022, by the filing of the complaint by plaintiff Joseph Rocco against City of Goleta, City of Santa Barbara: County of Santa Barbara C 'County"): and Califomia Department of Transportation. City of Santa Barbara and Califomia Department of Transportation were subsequently dismissecL The action now proceeds against County of Santa Barbara and City of Goleta. The complaint contains a single cause of action for premises l...

Excerpt: ...imesberger in the amount of Background: As alleged in the cross-complaint (CC) of Daniel Preimesberger (Preimesberger) Preimesberger is an owner of: and resides at: real property located at 4647 Via Bendita: Santa Barbarm (CC, 6.) Cross-defendants Travis Logue and Lara Logue (collectively: the Logues) are owners of: and residents of, real property located at 4668 Via Bendita: Santa Barbara: which is adjacent to 4647 Via Bendita and the common int...

Excerpt: ...0. On October 30, without any response having been filed by any party: Stiglmier filed his first amended complaint (FAC)_ The FAC asserted eight causes of actiom (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (S) violation of title 42 Unit...

Excerpt: ...bership Interest" (Petition) pursuant to Corporations Code section 17711.06. (Petition: p. 4.) In its Minute Order dated May 20, 2022, the coun noting that Corporations Code section 17711.06, subdivision (a): required the filing of a "complaint": ordered the hearing on the petition off calendar as premature. On May 23: 2022: Welsh filed his complaint in this matter against defendants Fiore Management: Inc. (Fiore) and Adrian Z Sedlin (Sedlin): st...

Excerpt: .... Background: As explained in the court' s statement of decision (Statement of Decision), filed on January 27 2022: and attached to the judgment entered in this matter on October 10, 2022 (Judgment) 'This action arises out of an October S: 2016 automobile versus pedestrian accident wherein Defendant Berl Golomb ('Mr. Golomb') drove his Prius into the front entrance of Cross- Complainant TRADER JOE'S CONIPANY: -S ('Trader Joe's') store located in ...

Excerpt: ...sonable and grants final approval _ (2) The class representative incentive payment of $7 , 500 to individual plaintiff Rory Massey is reasonable and is approved. (3) Settlement administration costs of S8 500.00 is reasonable and is approved. In the alternative: plaintiff may elect to re-notice the class action settlement with the correct amount: as previously approved, of up to $10,500.00. In the event that plaintiffs do not elect to re-notice th...

Excerpt: ...sed. Background: Plaintiff Karen Dawn (Dawn) filed her original complaint on May 10, 2022, alleging one cause of action for intentional infliction of emotional distress against defendant Peter Singer (Singer) Singer demurred to the original complaint and on December 16: 2022: the demurrer was sustained with leave to amend. Dawn was given until January 27: 2023: to file her FAC. Dawn filed her FAC on January 27: 2023 The FAC. although formatted di...

Excerpt: ... (the Tom Bane Civil Rights Act or Bane Act); (2) battery; (3) sexual battery; (4) medical battery; and (5) intentional infliction of emotional distress against defendants Susanne Ramos and Dr. Susanne L. Ramos: M_D_: Inc. Plaintiff defines the term 'Defendant" as used in the complaint to mean Susanne Ramos (Dr. Ramos): who plaintiff alleges is an obstetrician and gynecologist. (See Complaint: 1 : 6.) As alleged in the complaint: aner plaintiff b...

Excerpt: ... 2023 plaintiff is the property manager of premises located at 2517 Modoc Road, 24, in Santa Barbara: Califomia (the premises). (Complaint: 3 _a, 4.) On July 31 : 2021: defendants entered into a written residential rental agreement (the agreement) with plaintiff for the premises. (ld at "16 _a, 6b, 6 .e & Exh 1_) Defendants agreed to rent the premises for one year and to pay monthly rent in the amount of $2,225 (ld. at (2)_) The tenancy is subjec...

Excerpt: ... 3 _ The motion to compel fin-ther responses to form interrogatories 50.1 through 50.6 is denied. 4. Nabis shall serve åurther responses: objection: no later than April 14: 2023. 5 _ The request of HERBL for an award of monetary sanctions is granted in favor of HERBL and against Nabis and its counsel: Wilson: Elser, Moskowitz, Edelman & Dicker: LLP: jointly and severally, in the amount of SS 221 1 00: to be paid to counsel for HERBL on or before...

Excerpt: ...dresses and to file a proof of service of the notice on or before March 30, 2023 _ Except as othen.vise herein granted: plaintiff s motion is denied. Background: On March 29, 2021 plaintiff Bridger Claims Services, LLC, filed its complaint in this matter alleging that it had in effect an automobile insurance (the policy) with its insured Erika Vargas Roman. Plaintiff made payments under the policy for the repair of property and bodily Injury cost...

Excerpt: ...nagement ("Meridian") against defendants Guadalupe Zarate ('Zarate") and Roberto Zarate Cervantes aka Roberto Zarate related to an apartment at 450 Elluood Beach Unit 9: Goleta. The complaint is verified with the written lease: rent increase letters, a notice to vacate, and proof of service for the notice attached as exhibits The parties entered into the written month-to-month lease agreement on March 29: 2017 _ (Complaint: 6 & Exh 1.) The body o...

Excerpt: ...intiffs' first arnended complaint (FAC)- This action seeks a comprehensive adjudication pursuant to the Groundwater Adjudication Statute (Code Civ. Proc_: 830 et seq_) to determine all rights to extract groundwater in the Santa Clara River Valley — Oxnard Groundwater Subbasin and the Pleasant Valley Groundwater Subbasin (collectively: Basins). (FAC: 3: 41.) Plaintiffs each 01vn land overlying the Basins, and each grows commercial crops that are...

Excerpt: ... when he encountered a dangerous and unsafe walkway on the property which was unguarded causing plaintiff to fall more than 25 feet resulting in severe and permanent injuries. (Complaint: 6, 7 _ ) At the time of his injury: plaintiff was employed by Legado Compames dba JDC Management Co. ("JDC")_ LSR owns a private 158-acre ranch and corporate retreat located at 2720 Painted Cave Road in Santa Barbara. (Litwin Dec.: 3.) JDC serves as the property...

Excerpt: ...st defendant Peter Kurrels: individually and dba The Engine Company Auto Repair for breach of contract and common counts. Lund alleges that Peter Kurrels failed to make monthly payments pursuant to a promissory note signed by the parties. Coult records reflect that the default of the named defendant was entered on December 1 2020. A court judgment by default against ' 'Peter KulTels dba The Engine Company Auto Repair" in the amount of was filed o...

Excerpt: ...r to reflect plaintiff s true name. Background: This is a whistleblower retaliation and wronghal termination action. Plaintiff filed her complaint on December 4: 2020, under the pseudonym Jane Doe "in order to protect her legitimate privacy rights" and because she is "fearful of åurther retaliation by Defendants and others in the local medical community if her tme identity is revealed publicly in connection with this lawsuit" (Complaint: _ ) The...

Excerpt: ...a proposed order that conforms to the court: s ruling herein. Background: The c#rative pleading in this matter is the first amended complaint (FAC) filed on October 27 2022, by plaintiffs Brian Willis: Maeve Willis: and minors Enzo Willis and Mia Willis by and through their guardian ad litem_ As alleged in the FAC: on May 1 : 201 S: plaintiffs were stopped in their vehicle on US. Highway 101 at the Nojoqui grade in the County of Santa Barbara whe...

Excerpt: ...r summary adjudication is denied in its entirety. Background: (1) Allegations of Plaintiffs' Complaint As alleged in the complaint: Plaintiffs Richard Weger (Weger) and Kathleen Dagg (Dagg), as trustees of the Weger/Dagg Family Trust dated October 5, 1996, are owners of real property located at 1429 Olive Street, Santa Barbara (Plaintiffs' Property). (Complaint, ¶ 5.) Defendant Mary Alice Medina (Medina) is the owner of real property adjacent to...

Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...

Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...

Excerpt: ...pursuant to a stipulation by the parties and with leave of court, plaintiff HERBL, Inc. (HERBL) filed its second amended complaint (SAC) in this matter. The SAC is the operative pleading. As alleged in the SAC, HERBL operates a group of distribution centers that sell legal cannabis products across the State of California. (SAC, ¶ 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and ...

Excerpt: ... ruling on the waiver of objections for Request for Production Nos. 9-40; (2) the Court did not order that all responsive documents must be provided by November 18, 2022, and in fact the time for production pursuant to the responses was not in issue before the Court on those motions. To the extent that a legitimate dispute arises about the production of documents, it can be brought before the Court by means of a further motion to compel productio...

Excerpt: ... El Capitan Canyon, LLC, and its counsel of record Murchison & Cumming, LLP, jointly and severally, in the amount of $1,260, payable to plaintiff's counsel. Payment of sanctions is due by March 24, 2023. Background: Plaintiff Mina Kolahi's complaint filed on August 12, 2020, alleges two causes of action for negligence and premises liability against defendant El Capitan Canyon, LLC. As alleged in the complaint, on June 30, 2020, plaintiff was with...

Excerpt: ...ca Newbatt (B Newbatt), Mitchell C. Lipkin (Lipkin), Michael J. Bellas (Bellas), Jimmie Garrett Baker, Jr. (Baker Jr.), and WesTele Utility Solutions, LLC (WesTele), asserting eight causes of action for: (1) breach of contract (against Lipkin, Bellas, and Baker Jr. only); (2) breach of the implied covenant of good faith and fair dealing (against Lipkin, Bellas, and Baker Jr. only); (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq....

Excerpt: ...lly and as the conservator for Ellen P. Shurtleff (Ellen), and Ellen, as a conserved individual, alleges seven causes of action as follows: (1) breach of written contract (against defendants Sanctuary Centers of Santa Barbara, Inc. (Sanctuary), and AVA Billing & Consulting, LLC (AVA)); (2) conversion (against Sanctuary) (3) fraud (against Sanctuary, AVA, and defendants Lisa B. Moschini (Moschini), Barry R. Schoer (Schoer), and Ashton V. Abernathy...

Excerpt: ...t filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before March 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance with this ruling. (3) For all reasons discussed herein, defendants' motion...

Excerpt: ...aren (McLaren). As alleged in plaintiff's complaint filed on February 3, 2022, plaintiff rented premises located at 4591 Cathedral Oaks Road in Santa Barbara, California (the premises) to McLaren pursuant to a written lease agreement dated August 3, 2012. McLaren agreed to pay monthly rent for the premises in the amount of $450 per month, which was later increased to $525 per month. On December 19, 2021, plaintiff personally handed a copy of a 3-...

Excerpt: ... (Jordan). (Note: Due to common surnames and to avoid confusion, the court will refer to defendants, individually, by their first names. No disrespect is intended.) Plaintiff alleges that on June 27, 2021, plaintiff was driving his 2001 Vespa scooter at Las Positas Road and Cliff Drive in Santa Barbara, California, when Louis and Jordan's vehicle struck the scooter causing injuries and damages to plaintiff. On October 26, 2021, Louis and Jordan f...

Excerpt: ..., 2018, a vehicle operated by Lianna Jane Vaughn (Vaughn) was driving directly behind plaintiff, and defendant Katelyn Elizabeth Orr (Katelyn) was driving directly behind Vaughn's vehicle. (Note: Due to common surnames and to avoid confusion, the court may refer to defendants by their first names. No disrespect is intended.) Katelyn's vehicle collided with Vaughn's vehicle which, in turn, collided into the rear end of plaintiff's vehicle. Plainti...

Excerpt: ... Covenants, Conditions, and Restrictions; (3) Public Nuisance; and Declaratory Relief on M. Barry Semler (Semler) and Sycamore Creek Estates, LLC (Sycamore) (collectively, “defendants”). The complaint relates to the use of real property owned by defendants on land known as Primavera Estates in Santa Barbara. Plaintiffs allege that defendants' building of a wedding facility or event venue on property that is the subject of this action constitu...

Excerpt: ...ries from defendant Linda Hong Sun Stein is granted to compel further responses to form interrogatory No. 17.1 as to request for admission No. 34, and to special interrogatories Nos. 52, 53, 54, 55, and 56. Also, with reference to the discussion herein, to the extent that Linda Hong Sun Stein's response to special interrogatory No. 11 is not now complete and accurate, a further response will also be required to that interrogatory. The motion is i...

Excerpt: ...er by plaintiff. The complaint was filed on October 12, 2021, and alleged causes of action for common counts (open book account, account stated, money lent by plaintiff to defendant at defendant's request, and money paid, laid out, and expended to or for defendant at defendant's special instance and request) against defendant. The complaint alleges that the amount due to plaintiff and unpaid by defendant totals $8,054.97. Defendant answered the c...

Excerpt: ...ed. For all reasons discussed herein, defendant's motion for summary adjudication of the second, third, fifth, sixth, seventh, and eighth causes of action, and fourth cause of action for failure to prevent harassment and retaliation, alleged in plaintiff's second amended complaint, is denied. The court therefore also denies defendant's motion for summary judgment. (2) For all reasons discuss herein, defendant's motion to file exhibits under seal ...

Excerpt: ...filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding judge shall...

Excerpt: ...at a violation of its electricity tax ordinance by defendant Southern California Edison Company for failure to collect tax as required by law. Further proceedings are required to resolve the issue of penalties and interest as to the City of Culver City. (3) Counsel are ordered to appear at the hearing of this matter and to be prepared to discuss scheduling and all other aspects of further proceedings in this matter. Background: (1) Allegations of...

Excerpt: ...3-15, and 17-26, and to do so on or before March 3, 2023. If Hashimoto, upon being provided with actual notice of this order (either by presence at the CMC in Case No. 18CV05728, being held concurrently with this motion, or by being provided with notice in the manner specified below), fails to comply with it, the Court will entertain a further motion for terminating or enhanced sanctions by Regents. Background: On March 26, 2021, plaintiff Ryan H...

Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...

Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...

Excerpt: ...t. Subsequently, Gonzalez dismissed Blount as a defendant and substituted in Adolph Costello. Plaintiff asserts causes of action for negligence and premises liability. As alleged in the complaint, on February 13, 2021, Gonzalez was lawfully on the Costco premises and, while using the premises in a reasonably foreseeable manner, she was seriously injured when she slipped and/or fell due to spillage on the floor that created an unreasonable risk of...

Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

Excerpt: ...the pre-filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding jud...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...