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: ... 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: ...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: ...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: ...ted against her by eliminating her position after she repeatedly complained to management that Cottage's new Chief of Pediatrics, Dr. Kanard, was placing patents' safety at risk, and was deviating from the standard of care. Although Plaintiff was offered a position as a PA in robotics surgery, with the same pay and benefits, she asserts that this transfer was a demotion and an adverse employment action, and that it ruined her career and opportuni...

Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...

Excerpt: ...le to attend a deposition. On or before January 31, 2024, plaintiff shall select a date for the deposition of defendant's person most qualified from the dates provided and notify defendant of that date. If defendant does not provide a date on which its person most qualified is available to attend a deposition by January 25, 2024, plaintiff may unilaterally select and notice a date for the deposition of defendant's person most qualified. The depos...

Excerpt: ...the University of California ("Regents"), Michael Little, and Greg Smorodinsky alleging causes of action for: (1) Harassment in Violation of FEHA; (2) Quid Pro Quo Sexual Harassment in Violation of FEHA; (3) Discrimination in Violation of FEHA; (4) Retaliation in Violation of FEHA; and (5) Violation of Labor Code secton 1102.5. As alleged in the complaint: Plaintiff was hired by Regents as a police officer in June 2015, following a panel review. ...

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...

Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...

Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...

Excerpt: ...ion of the first and second causes of action of the fourth amended cross-complaint of Signal Hill Service, Inc., and cross-complainant Carone Petroleum Corporation. Summary judgment is granted in favor of cross-defendant California State Lands Commission and against cross-complainant Carone Petroleum Corporation. In all other respects, the motion is denied. Background: Plaintiff State Lands Commission (Commission) and defendant Signal Hill Servic...

Excerpt: ...duction Nos. 104 and 105, and that such disobedience has had the effect of suppressing discoverable evidence. These findings will be considered by the court in determining appropriate jury instructions and in ruling on appropriate motons in limine at the time of trial. The court additonally grants monetary sanctions in fawr of plaintiff Vranish and against defendant Raytheon and its counsel, Gordon Rees Scully Mansukhani, LLP, jointly and several...

Excerpt: ...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 work to remodel the property. [Note: In order to...

Excerpt: .... (3) Plaintiffs shall file and serve their second amended complaint on or before January 19, 2024. Background: Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed a complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mit...

Excerpt: ...iffs shall file and serve their second amended complaint, in the form attached to plaintiffs' non- oppositions to the demurrer and motion to strike of Kone, on or before January 19, 2024. Background: Plaintiffs Benjamin Kenan (Benjamin) and India Kenan (India), by and through her guardian ad litem Benjamin (collectively, plaintiffs), filed a complaint for damages on March 25, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, ...

Excerpt: ...oduction of Documents Nos. 14, 15, 21, and 22, and to do so on or before January 25, 2024. Background: On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the university of California, the University of California Santa Barbara, and the University of California Santa Barbara Police Department (collectively "Regents") in Case No. 21CV01256, alleging causes of action for racial discrimination in violation of the Fai...

Excerpt: ...aims or further order of the court, litigation of all other claims is stayed. Any demurer to the FAC as to these claims may be filed and set for hearing after the stay is lifted. (2) On the court's own motion, the November 29, 2023, Further Case Management Order is vacated. The parties are ordered to meet and confer as to a new case management conference order consistent with the guidelines set forth herein and the court's October 6, 2023, order,...