Excerpt: ...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 avoid any confusion, the Court will refer to the Tarnutzer defendants by their first names; no is intended.] The complaint alleged that in reliance on various represe...

Excerpt: ...ottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9-18.) Griggs the...

Excerpt: ...dant Colosi to dismiss is denied. (3) The motions by defendants Guier and Hutcheson for immediate release of funds is denied, without prejudice to their continued pursuit of their claims at the court trial of this action. (4) The motons to quash filed by various parties failed to provide sufficient notice to defendant Colosi; nonetheless, they raised issues regarding court proceedings which must be addressed by the Court. No appearances or docume...

Excerpt: ...relieving counsel shall be delayed until proofs of electronic and mail service of a copy of each signed order on Jacqueline Rubasky and on Fountain Group, LLC, have been filed with the Court. (4) Counsel for Jacqueline Rubasky and Fountain Group, LLC, shall, in accordance with this ruling, serve a copy of the Court's ruling on each defendant by electronic and regular mail, and file appropriate proofs evidencing such service. (5) For all reasons d...

Excerpt: ...shall serve further responses to requests for production Nos. 1 and 2 without objection and consistent with this ruling. UWCD shall concurrently produce all documents responsive to such requests as set forth herein. Documents produced in response to this order shall be used and disclosed only in connection with this action. In all other respects, the motion is denied without prejudice. (2) Until further order of the court, and except for initial ...

Excerpt: ...he rights and safety of others" only); and prayer for relief paragraph 4 in its entirety. Any first amended complaint that may be filed by plaintiff must be filed and served on or before September 25, 2023. Background: This action arises from a vehicle collision that occurred on June 16, 2021, on southbound U.S. Highway 101 (the highway). As alleged in the complaint filed in this action on June 14, 2023, plaintiff Maesyn Rose Fitzgibbons was driv...

Excerpt: ...regarding the continued deposition. Counsel is ordered to appear at the hearing on this matter, either in person or remotely, to discuss selection of the discovery referee. Plaintiff will pay one-half of the discovery referee's fees and defendants will pay one-half of the fees. The court retains jurisdiction to reallocate the fees at the time of trial or further order. Background: Plaintiff Montecito Country Club, LLC ("MCC") filed its original c...

Excerpt: ...ulting from the Thomas Fire and a subsequent rainstorm and ensuing mudslides that occurred on January 9, 2018, the alleged wrongful and bad faith handling and denial of insurance benefits by defendant National Fire & Marine Insurance Company (National Fire), and the alleged professional negligence of defendant Brown & Brown Insurance Services of California, Inc. (Brown & Brown), in allegedly failing to procure adequate insurance coverage for the ...

Excerpt: ...ff Nina Johnson (Johnson) was employed by defendant the City of 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 employment with the City, she was for high visibility, high-level, and complex assignments on behalf of the City Administrator and City Council which involved directing interdepartmental teams, serving as t...

Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...

Excerpt: ...ontinued to October 13, 2023.m (3) For all reasons discussed herein, defendants' motion to consolidate and stay the unlawful detainer action is ordered off-calendar, subject to re-filing in accordance with this ruling. (4) To the extent a substitution of counsel for either defendant Jacqueline Rubasky or defendant The Fountain Group, LLC, is not filed and served in this matter by September 11, 2023, counsel shall file and serve an amended motion ...

Excerpt: ...aint by plaintiff The Armand Hammer Foundation, Inc. (“AHF”), against defendants Rex K. Alexander, Misty Hammer, Mark L. Alfano, and Bull Canyon, Inc. As neither Alfano nor Bull Canyon have made appearances in this action, Alexander and Hammer will be collectively referred to as “defendants.” As alleged in the complaint: Prior to November 20, 2022, AHF had six members of its board of directors including defendants. (Complaint, ¶ 11.) Fol...

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: ...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...