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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...