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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... (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: ...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: ...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: ...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...