Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...

Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...

Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...

Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...

Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...

Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...

Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) were served with the unlawful detainer complaint in early January 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...

Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...

Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 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 Cumbre Ranch Living Trust dated J...

Excerpt: ...Mutual Automobile Insurance Company's (State Farm) complaint filed on February 3, 2021, alleges one cause of action for subrogation against defendant Diamond Finish Auto Body, Inc. (Diamond Finish). As alleged in the complaint, on May 15, 2018, Diamond Finish was hired to repair State Farm's insured's vehicle. In performing the repairs, Diamond Finish only replaced the negative terminal on the insured's electric car even though both terminals nee...

Excerpt: ...n its Minute Order dated May 20, 2022, the court, 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, LLC (Fiore) and Adrian Z. Sedlin (Sedlin), stating that two causes of action for breach of contract and violation of Corporations Code ...

Excerpt: ...atters remaining for the court at this time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200...

Excerpt: ...eged in plaintiff Dennis Tegard's complaint filed on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate, refer to Westmont, Boyd, and Maes, collectively, as...

Excerpt: ... further responses, without objection and in a form complying with the Code of Civil Procedure, on or before December 23, 2022. (2) Michael D'Alise shall provide a true and correct copy of the criminal protective order, referenced in his response to form interrogatory-general No. 2.5, to plaintiffs' counsel, on or before December 23, 2022. (3) Michael D'Alise shall provide proper, code compliant, verifications to his amended responses to request ...

Excerpt: ... on July 20, 2020, by plaintiffs Epifanio Armenta, Alex Garcia, Jose Albarran Hernandez, Josue Gamino, Manuel Hernandez, and Diego Rodriguez Garcia. Plaintiffs filed a first amended complaint (FAC) on September 10, 2020. On November 20, 2021, defendants' demurrer to the FAC was sustained with leave to amend. On December 3, 2020, plaintiffs filed the operative second amended complaint (SAC). The SAC names as defendants R.J. Carroll & Sons, Inc. (R...

Excerpt: ...n paragraphs 37, at page 9, lines 1 to 2 (“Cross-Defendants' false accusations regarding Cross-Complainant have inhibited and impaired Cross-Complainant's use of his backyard.”), 44, at page 9, line 27, to page 10, line 2 (“Cross-Complainant contends that Cross-Defendants intentionally or recklessly defamed his character and reputation and did so with malice.”), 45, lines 5 to 7 (“Cross-Complainant desires a judicial determination of th...

Excerpt: ...ned upon the filing of an undertaking) only, the motion is denied without prejudice to the later bringing of a procedurally appropriate motion under section 405.33. The requests of all parties for an award of attorney fees and costs are denied. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonat...

Excerpt: ...ds. Herbl may redact any particularly sensitive information such as account numbers, tax identification numbers, or social security numbers that appear on the documents. 2. The motion is denied as to request No. 3. 3. The motion is denied as to requests No. 7 and No. 8. 4. The motion is granted as to requests No. 9 and No. 10. 5. The motion is denied as to requests No. 15 through 18. 6. To the extent that Herbl asserts an objection on the grounds...