Excerpt: ...a im s ATTO RN EYS : Fo r P la in t iff Ta lia Ke e lin g : Piya Mukherjee, Nicholas J. De Blouw For Defenda nt Vict oria 's Secret St ores, LLC. : Jennifer F. D e la r o s a , P h illip J . Es ke n a zi TEN TATIVE RU LIN G : Defendants' Motion to Compel Individual Arbitration is granted. Th e representative PAGA claims are ordered stayed pending the completion of arbitration. Background: This action commenced on December 19, 2023, by plaintiff T...

Excerpt: ...presented TEN TATIVE RU LIN G : The motion for summary judgment of plaintiff Anatega Partners, LLC, is denied. Background: Plaintiff Anatega Partners, LLC (APL), filed this unlawful detainer action against defendant Peter Lance (Lance) on February 28, 2024. As alleged in the complaint, APL and Lance entered into a fixed -term lease on February 6, 2020, for premises owned by pla intiff and located at 112 East Ortega Street, Unit #207, within the c...

Excerpt: ...al Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (3) Motion To Compel Further Responses To Form Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (4) Motion To Compel Further Responses To Requests For Production Of Documents, Set One, and Request For Sanctions Against Defendant ATTO RN EYS : For Plaintiff Renee Yancheck: Bradley S. Wallace, Thomas R. Burns...

Excerpt: ...ven Lopez : Mark Cardona, Legal Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The demurrer of defendants to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file and serve any first amended complaint on or before April 22, 2024. Background : On January 19, 2024, plaintiff Leticia Castillo filed a complaint for unlawful detainer against defendants Natalie Aguirre and Deven Lopez (collectively, defendants). As ...

Excerpt: ...& Martin for plaintiffs R. Sc o t t Turicchi and Lannette C. Turicchi Randy Quaid and Evgenia Quaid are currently in pro per TEN TATIVE RULIN G : For the reasons articulated below, the Court will strike the special motion to strike, based upon its extraordinary untimeliness, finding that it would be an abuse of the Court's discretion to hearing the motion on its merits under the circumst ance s which are present in this case. Background : This ac...

Excerpt: ...r Pla int iff Employers Assura nce Co m p a n y : Tim o t h y Ca r l Air e s For Defendant Santa Barbara Shellfish Co m p a n y : No appearance For Defendant Death Star, LLC : No appearance TEN TATIVE RULIN G : P la in t if f 's m o t io n is d e n ie d . Background: This action was commenced on August 4, 2023, by the filing of the complaint by plaintiff Employers Assurance Company (“EAC”) against defendants Santa Barbara S h e llf is h C o ....

Excerpt: ...red on January 5, 2024, and the default judgment by court entered on January 26, 2024, are vacated and set aside. Background: Plaintiff Ismael Beserra filed his original complaint against defendant Daniel Stehno on June 5, 2023. On July 21, 2023, defendant filed a demurrer to the complaint filed by plaintiff, setting the hearing on the demurrer for August 28, 2023. Plaintiff filed a first amended complaint (the FAC) on August 21, 2023. On August ...

Excerpt: ... : Robert S. Kennard and Daniel Soo For Defendant Daniel B. Sperling : No Appearance TENTATIVE RULING : Plaintiff Bank of America N.A.'s motion for order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on September 27, 2019, by the filing of the complaint by plaintiff Bank of America, N.A. (“BofA”) against defendant Daniel B. Sperling (“defendan...

Excerpt: ...kground: This action commenced on January 7, 2022, by the filing of an unlawful detainer complaint by plaintiff Raymond Briare (“plaintiff”) against his son, defendant Timothy Briare (“defendant”). By way of the original complaint, plaintiff alleges that defendant resides at premises located at 7149 Armstrong Rd., Goleta. (Complaint, ¶¶ 1 -3.) On October 1, 2019, defendant agreed to rent the premises on a month- to-month tenancy, for $0...

Excerpt: ...n C. Von Dollen , individually and dba De lw ic h e & Vo n Do lle n : Michael McCarthy, Kenny C. Brooks, Nemecek & Cole TEN TATIVE RULIN G : The motion of defendant Steven C. Von Dollen, individually and dba Delwiche & Von Dollen for summary judgment is denied. Background: In their operative pleading, the first amended complaint (FAC), plaintiffs Joseph Bo h n e t t a n d Sa n d y Bo h n e t t (c o lle c t iv e ly , p la in t if f s ) a lle g e :...

Excerpt: ...ss -Complainants Viranda Singh, Rehanna Singh, and The V. Singh Family Living Trust, UTD, 1 1 / 2 9 / 2 0 0 4 : Robert L. Sco t t TEN TATIVE RU LIN G: Plaintiff and cross -defendant Jason Leggitt's anti -SLAPP motion is granted as to the sixth cause of action contained in the Singh's cross -c o m p la in t f o r interference with prospective advantage, and that cause of action is stricken. Background: This action commenced on July 20, 2022, by th...

Excerpt: ... int iff Cody Pa rker: Jonathan Melmed, Megan E. Ross, Hannah Becker, Melmed Law Group P.C. For Defendant The Clary Group, L.L.C. : Douglas J. Farmer, Allison J. Fernandez, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant JBS Energy Solutions California LLC: David D. Cardone, Bradley A. Lebow, Adam J. Yarbrough, Dunn DeSantis Walt & Kendrick TEN TATIVE RU LIN G : Plaintiff's motion for an order granting preliminary approval of class a...

Excerpt: ...l La w y e r s For De fe nda nt Aysh a Da vis : Christ ophe r P. W e sie rski, Kat hryn J. Harve y, W e sie rski & Z u r e k LLP For Opposing Nonpart y Wawanesa General Insurance Company : Peter H. Klee, Thomas R. Proctor, Sheppard, Mullin, Richter & Hampton LLP TEN TATIVE RU LIN G : The motion of plaintiffs to transfer and consolidate is denied without prejudice. Background: Th is a c t io n a r is e s f r o m a m o t o r v e h ic le c o llis io...

Excerpt: ...a : Se lf -Represented For Defendant Ms. Gooch's Nat ural Food Market s, Inc. dba Whole Food s Ma rke t , Stephanie Botello, Julisa Perez, Makenzie Champion, Jacob Foley, Da nie lle Ive rson, Ge orge La za ro, Ka t hy Wise , Silvia Brown, a n d Sylvia Silva : Matthew E. Bennett TEN TATIVE RU LIN G : Plaintiff's motion for leave to file second amended complaint is denied. Background: Plaintiff Susan Lea (“Lea”) filed her original verified comp...

Excerpt: ...er Entrekin TEN TATIVE RU LIN G : The demurrer to plaintiff's complaint is sustained without leave to amend. Background: This action was commenced on January 18, 2024, by the filing of the complaint for unlawful detainer by Blue Horizon Property Management Company (“Plaintiff”) against Lana Perfect (“Defendant”). The complaint alleges that defendant has been renting premises located at 1711 De La Vina Street, Unit B, Santa Barbara, within...

Excerpt: ...demand), set eight; (2) responses by defendant Moseley to plaintiff's requests for production of documents (inspection demand), set nine; and (3) responses by defendant Moseley to plaintiff's spec ia l in t e r r o g a t o r ie s , s e t f o u r . The remaining seven motions were filed by moving party plaintiff People on February 7, with an original hearing date of April 15. These motions are motions to compel: (4) responses by defendant Moseley ...

Excerpt: ... shall file and serve her second amended complaint no later than March 22, 2023. c. Plaintiff may remove causes of action but may not add any new causes of action without first following the proper procedure for doing so. 2 . D e f e n d a n t 's m o t io n t o s t r ike p o r t io n s o f p la in t if f 's f ir s t a m e n d e d c o m p la in t is taken off-calendar as moot. Background: On June 7, 202, plaintiff Sheba Lux, trustee of the Sheba L...

Excerpt: ... the motion of defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zebroeck for summary a d ju d ic a t io n is d e n ie d in it s e n t ir e t y . Background: (Note: Plaintiff and cross-defendant Max Liskin, Trustee of the Max Liskin Trust dated July 18, 2003, is referred to herein as Liskin or plaintiff. Defendant and cross -complainant Creciente, LLC, and defendants Marc A. Lowe, and Pauline Lo w e a r e c o lle c t iv...

Excerpt: ...intiff's second amended complaint no later than March 22, 2024. Background: On June 27, 2022, plaintiff Danielle Sue Blum (Blum) filed her original complaint in this matter alleging one cause of action against the California Department of Parks and Recreation (the Department) for dangerous condition of public property. On November 28, 2022, Blum filed a first amended complaint (the FAC) against the Department alleging the same sole cause of actio...

Excerpt: ...en), Trustees of the Shevitz Family Trust, Dated August 6, 2013 (c o lle c t iv e ly, p la in t if fs ), f ile d a c o m p la in t fo r s p e c if ic p e r f o r m a n c e a n d d a m a g e s against defendants Bradley G. Vernon, Shannon Vernon, Shaun Lynch (Lynch), and Evoke Design, Inc. (Evoke), alleging five causes of action: (1) breach of contract – specific performance; (2) breach of implied covenant of good faith and fair dealing; (3) neg...

Excerpt: ...Gerard Pepe : Ale xa n d e r En t r e kin , Le g a l Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The motion to strike of defendant Gerard Pepe is granted, in part, with leave to amend. The following matters shall be stricken from plaintiff's complaint: “late fees pursuant to Lease” appearing in paragraph 19(i)(2) of the complaint. Except as otherwise herein granted, the motion to strike of defendant is denied. Defendant shall...

Excerpt: ...greement (CCP § 664.6.) ATTO RN EYS : Fo r P la in t iff Ba n k o f Am e r ic a , N.A. : Robert S. Kennard and Daniel Soo For Defendant Adam Deshaies : No Appearance TEN TATIVE RU LIN G : The motion of plaintiff Bank of America N.A. for an order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on February 8, 2022, by the filing of the complaint by pla...

Excerpt: .... 21CV04978 consolidated with Case No. 20CV02833 He aring Dat e : February 26, 2024 M ATTER : Defendants' Motion For Terminating Sanctions or, Alternatively, Issue and/ or Evidentiary Sanctions and for Imposition of Monetary Sanctions Against Plaintiff Jesse Zaragoza ATTO RN EYS : Fo r P la in t iff a n d Cr o s s -Defendant Jesse Zaragoza: Se lf Represented For Defendant s AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crum...

Excerpt: ..., Daniel J. Podolsky, Koron & Podolsky, LLP For Defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant , and Rachelle H. Dean : Elizabeth T. Arce, Dana L. Se g a l, Lie b e r t Ca s s id y W h it m o r e TEN TATIVE RU LIN G : The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of ...

Excerpt: ...racy N. LeRoy, Wynn B. McCloskey, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Theresa L. Huggins, Emily Steirwalt, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC: Brad D. Brian, Henry Weissmann, Daniel B. Levin, Robyn K. Bacon, Munger, Tolles & Olson LLP; Craig S. Granet, Rimon PC TENTATIVE RULI...

Excerpt: ...defendant Dorothy M. Austin. Plaintiff shall submit a corrected proposed judgment in accordance with this ruling and shall give notice of the court's ruling to defendant at all known physical or electronic mailing addresses. Background: Plaintiff Jason E. Colbert filed a complaint in this matter on September 15, 2017, seeking damages in the amount of $48,500 from defendant, Dorothy M. Austin (Austin), who is plaintiff's maternal aunt. Plaintiff's...

Excerpt: ...e, John Matheny, Excelsior Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross-Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: LA Models, Inc.'s motion for summary judgment or, in the alternative, summary adjudication against cross-complainant Brighton Collectibles, LLC is denied. Background: On December 16...

Excerpt: ...PC For Defendant Costco Wholesale Corporation: Sean R. Burnett, Jessica Farley, Snyder Burnett Egerer LLP TENTATIVE RULING: (1) The court grants the motion of plaintiff to compel defendant Costco Wholesale Corporation to provide further responses to form interrogatories. On or before February 19, 2024, defendant shall serve verified further responses to plaintiff's set one form interrogatory nos. 1.1, 3.1, 3.6, 3.7, 4.1, 12.1 through 12.7, 13.1, ...

Excerpt: ...defendant Dorothy M. Austin. Plaintiff shall submit a corrected proposed judgment in accordance with this ruling and shall give notice of the court's ruling to defendant at all known physical or electronic mailing addresses. Background: Plaintiff Jason E. Colbert filed a complaint in this matter on September 15, 2017, seeking damages in the amount of $48,500 from defendant, Dorothy M. Austin (Austin), who is plaintiff's maternal aunt. Plaintiff's...

Excerpt: ...PC For Defendant Costco Wholesale Corporation: Sean R. Burnett, Jessica Farley, Snyder Burnett Egerer LLP TENTATIVE RULING: (1) The court grants the motion of plaintiff to compel defendant Costco Wholesale Corporation to provide further responses to form interrogatories. On or before February 19, 2024, defendant shall serve verified further responses to plaintiff's set one form interrogatory nos. 1.1, 3.1, 3.6, 3.7, 4.1, 12.1 through 12.7, 13.1, ...

Excerpt: ... Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted. Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Development Agency (LWDA) and...

Excerpt: ...ndant Amber Asher: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: Defendant's demurrer to plaintiff's second amended complaint is sustained without leave to amend. Background: Plaintiff Dario L. Pini dba DP Investments filed an original complaint for unlawful detainer on April 27, 2023, against defendant Amber Asher (Asher). On May 10, 2023, Asher filed a general demurrer to the complaint on the grounds that th...

Excerpt: ...Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Development Agency (LWDA) and t...

Excerpt: ... on December 18, 2023, by the filing of the complaint for unlawful detainer by Lauri Bott ("Plaintiff") against Anissa Moritz ("Defendant"). The complaint alleges that defendant has been renting premises located at 922 Bath Unit 3, Santa Barbara, within the city limits of Santa Barbara, since June 5, 2020, pursuant to a written one-year lease, with monthly rent of $1,645.00. (Complaint, 3, 6.) The lease was amended on June 6, 2021, making the agr...

Excerpt: ...iff shall file a first amended complaint, if any, on or before January 30, 2024. Background: This action was commenced on December 1, 2023, by the filing of the complaint for unlawful detainer by Sierra Property Group, Inc. ("Plaintiff") against Teri Chavez ("Defendant"). The complaint alleges that defendant has been renting premises located at 818 Salsipuedes St., unit D, Santa Barbara, within the city limits of Santa Barbara, since February 18,...

Excerpt: ...lass Kenneth P. Roberts / Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Devel...

Excerpt: ...sa Fassett, Jeremy Frankel PRICE, POSTEL & PARMA, LLP TENTATIVE RULING: The motion for summary adjudication is denied as to each cause of action: and the motion for summary judgment is therefore also denied. Background: Plaintiff, who was employed by Defendant as a landscaper/driver, alleges that he suffered an on- the-job injury to his knee; and that he was terminated at age 66 while still on medical leave for this injury. He asserts eight cause...

Excerpt: ...ari, Pietz & Shahriari, LLP For Defendant Sierra Property Group, Inc.: Ty S. Vanderford, Todd A. Picker, Guy Chezrony, Vanderford & Ruiz, LLP For Defendant Juergen U. Boehr: Gerald B. Velasco, Law Offices of Scott C Stratman TENTATIVE RULING: The motion of defendant Sierra Property Group, lnc„ to strike plaintiffs' demand for punitive damages is granted with leave to amend in accordance with this ruling. The following matters shall be stricken ...

Excerpt: ...ocuments (Set One) as to Defendant Jaguar Land Rover North America, LLC ATTORNEYS: For Plaintiffs Gerardo Trujillo Morales and Luis Gerardo Morales: Kevi n Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, TENTATIVE RULING: Plaintiffs' motion to compel further resp...

Excerpt: ...C: Default taken TENTATIVE RULING: The motion of plaintiff Steve Schwab for terminating sanctions is granted. Defendant Christopher Bowen's answer is stricken, and default judgment shall be entered against defendant Christopher Bowen and in favor of plaintiff Steve Schwab. Counsel for plaintiff shall prepare the judgment. Background: On March 16, 2023, plaintiff Steve Schwab filed his complaint for breach of contract against defendants Christophe...

Excerpt: ...st dated May 29, 2019: Melissa Fassett and Jeff F. Tchakarov TENTATIVE RULING: 2. 3. 4. Defendants' demurrer to the ninth and fourteenth causes of action is sustained with leave to amend. Defendants' demurrer is overruled as to all other causes of action. Plaintiffs shall file and serve their first amended complaint no later than January 29, 2024. Plaintiffs shall not add any new causes of action without first obtaining permission of the court to...

Excerpt: ...ated May 29, 2019: Melissa Fassett and Jeff F. Tchakarov TENTATIVE RULING: 2. 3. 4. Defendants' demurrer to the ninth and fourteenth causes of action is sustained with leave to amend. Defendants' demurrer is overruled as to all other causes of action. Plaintiffs shall file and serve their first amended complaint no later than January 29, 2024. Plaintiffs shall not add any new causes of action without first obtaining permission of the court to do ...

Excerpt: ...rrer of defendant Ambrose Harris is overruled. Ambrose Harris shall file an answer to the complaint no later than January 17, 2024. Background: This action was commenced on November 14, 2023, by the filing of the complaint for unlawful detainer by plaintiff 520 Carrillo, LLC ("Carrillo") against defendants Mikaila Harris and Ambrose Harris. The complaint alleges non-payment of rent for premises located at 522 W. Carrillo Street, number 3, in Sant...

Excerpt: ...ded complaint is granted. Plaintiff shall file and serve the second amended complaint no later than December 15, 2023. Background: This action was commenced on April 27, 2023, by the filing of the complaint for unlawful detainer by Dario L Pini dba DP Investments ("Plaintiff") against Amber Asher ("Defendant"). Following demurrer, plaintiff filed his first amended complaint ("FAC"). The FAC alleges that defendant has been renting premises located...

Excerpt: ...a T. Price Demurrer to complaint by defendant Jamie Cathleen Green Motion to strike by defendant Jamie Cathleen Green ATTORNEYS: Tamineh Roshanian of Roshanian Payman PC for plaintff Nicole Emily Jordan Kenny C. Brooks / Michael McCarthy of Nemecek & Cole for defendants Rogers Sheffield & Campbell, LLP and Sheila T. Price, as co-personal representative of the Estate of Homer G. Sheffield, Jr., deceased Rachel Van Mullem / Jennifer J. Lee of Count...

Excerpt: ...r Tribe, LLC and Scott Wilkinson's Motion to Strike Portions of Cross- Complaint of Roulette William Smith ATTORNEYS: For Plaintiff and Cross -Defendant KNM Outdoor Tribe, LLC and Cross-Defen dant Scott Wilkinson: Randall Fox and Jill L Friedman For Defendant and Cross-complainant Roulette William Smith: Mark T. Coffin TENTATIVE RULING: The demurrer to the cross-complaint of Roulette William Smith against cross-defendants KNM Outdoor Tribe, LLC a...

Excerpt: ...r to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Blake Rogers. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (originally Pedrewski room, changed to white room) since September 2022 for $1,395.00 as a month-to-month te...

Excerpt: ...e and serve her answer to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Anastasiya. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (Originally Dubai Room, changed to Old Fashioned Room) since April 2023, for $2,590.00 as...

Excerpt: ...f plaintiff Cesar "Tito" Arriaza to lift the stay of proceedings is denied. Background: On January 19, 2022, plaintiff Cesar "Tito" Arriaza filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2598 et seq. (the Labor Cade Private Attorneys General Act of 2004 or PAGA). Arriaza contends that he began working full time for Birnam Wood in as an "accounts payable (AP) / Pay...

Excerpt: ...RULING: The court overrules the demurrer of defendant to plaintiff's second amended complaint. shall file and serve its answer to plaintiff's second amended complaint on or before December 7, 2023. Background: Plaintiff Alexander Kaay filed his original complaint in this matter on June 20, 2022. As alleged in the original complaint, plaintiff bought undevelo#d property located at Barger Canyon Road in the County of Santa Barbara (the property) fr...

Excerpt: ... For Plaintiffs Christian P. Adame Prado, Maria Torres, and the putative class: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi, Aegis Law Firm, PC For Defendant Natural Pack, Inc.: Nicholas Kanter, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: For all reasons discussed herein, plaintiffs' motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at t...

Excerpt: ... Ian Alban Stewart, Sr., and Ian Alban Stewart, Jr. : J. Paul Gignac, Rimon, TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust, for a right to attach order and for issuance of a writ of attachment is denied. Background: On October 27, 2022, plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust (MMS Trust), filed his original complain...

Excerpt: ...to Form Interrogatories, Special Interrogatories, Demands for Production, Requests for Admission Motons to compel further responses from Steven Fairly to Form Interrogatories, Special Interrogatories, Demands for Production, ATTORNEYS: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits...

Excerpt: ...ses and documents responsive to Evgenia Quaid's request for production of documents. ATTORNEYS: Craig S. Granet / Claire K. Mitchell of RIMON, PC and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULINGS: The Turicchis' motion to modify the sublN)ena iss...

Excerpt: ... For Defendants AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crummer, Jay Caplan, Marybeth Hammond, and Defendant and Cross-complainant Farm and Ranch Management LLC: Lance M. Williams, Amanda D. McGee, Boren, Osher & Luftman, LLP TENTATIVE RULING: (1) Defendant Heirlcx)rn Valley, LLC's request for issue or evidentiary sanctions will be denied without prejudice; (2) Plaintiff Jesse Zaragoza shall comply with the August 7, ...

Excerpt: ...S: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits LLP TENTATIVE RULING: Defendant's motions to compel further responses from Carina Fairly to Form Interrogatories, Interrogatories, Demands for Production and Requests for Admission are denied, without prejudice to the filing of futu...

Excerpt: ...ty District Attorney; Hydee Feldstein Soto, Kathleen A. Kenealy, William R. Pletcher, Miguel J. Ruiz, Louisa O. Kirakosian, Office of the Los Angeles City Attorney For Defendant Sunseeker Enterprises, Inc., dba Sun Firedefense: Michael N. Sofris, Action Legal Team For Defendant James E. Moseley: Self-represented TENTATIVE RULING: To the extent set forth herein, the motion of plaintiff People of the State of California for issuance of a preliminar...

Excerpt: ...icles: Rob Bonta, Gary S. Balekjian, Catherine E. Wise, Office of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of respondent for mandatory dismissal of this is granted. This matter shall be dismissed without prejudice. Background: On December 18, 2017, #titioner Patricia A. McNally filed her verified petition for writ of administrative mandamus or mandate, alleging that respondent Jean Shiomoto...

Excerpt: ...ranet / Claire K. Mitchell of Rimon, P.C. and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULING: For reasons more fully articulated below, motions will be denied in their entirety. Background: This action was commenced on November 25, 2019, by the fil...

Excerpt: ... Kevi n Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, TENTATIVE RULING: 1. Plaintiffs' motion to compel further responses to requests for production of documents (set one), as to defendant Jaguar Land Rover North America, LLC, is continued to January 8, 2024. 2...

Excerpt: ...: The demurrer of defendant to plaintiffs complaint is overruled. Defendant's time to file an answer to plaintiff's complaint shall be extended until five days after service upon defendant of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: On September 14, 2023, plaintiff Sierra Property Group, INC, filed its complaint for un...

Excerpt: ...o, Law Firm of Rivers J. Morrell Ill APC TENTATIVE RULING: The motion of plaintiff Jane Doe for an order permitting discovery of defendant's financial condition is denied. Background: Plaintiff Jane Doe filed her complaint in this matter on December 8, 2022, alleging six causes of achon against defendant Maksim Mironov (Mironov): (1) battery; (2) violation of Civil Code section 1708.5; (3) violation of Civil Code section 1708.6; (4) intentional i...

Excerpt: ...C. Catherine L. Deter and Briana J. Kutinsky For Defendant and Cross-complainant Judith H. Wood: Thomas S. Gelini and Jennifer A. Kung Gelini For Defendant Wood Environmental Services, LLC: No appearance TENTATIVE RULING: The motion to strike portions of plaintiff's second amended complaint is granted with leave to amend. Plaintiff shall file and serve her third amended complaint no later than November 20, 2023. Background: This action commenced ...

Excerpt: ...n & O'Brien, LLP, Joshua Lynn, Elizabeth O'Brien, and Andrew B. Mitchell: David Davidson, O'Hagan Meyer TENTATIVE RULING: (1) Defendants' demurrer to plaintiff's second amended complaint is overruled in its entirety. (2) Defendants' moton to strike portions of plaintiffs second amended complaint is granted as follows: (a) The motion to strike the follow-ng language is granted without leave to amend: " 'However, Defendants carried too heavy a case...

Excerpt: ...Compel Compliance And Request For Sanctions For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Jennifer S. McGeorge, Hilda Aguilar, Ford & Harrison LLP TENTATIVE RULING: (1) The motion of plaintiff to compel is denied as moot. (2) The motion of plaintffto compel compliance is denie...

Excerpt: ...dant Ghitterman, Ghitterman & Feld and its Attorneys of Record. ATTORNEYS: Christina M. Coleman for plaintiff Russell R. Ghitterman of Ghitterman, Ghitterman & Feld, for defendant TENTATIVE RULING: Defendant's motion for summary judgment, or, in the alternative, summary adjudication, is denied. Plaintiff's motion for sanctions is denied. Background: This is a wrongful termination action, arising from plaintiff Lucy Bernal's (Berna') previous empl...

Excerpt: ...Tetalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The Court continues the hearing on the motion of defendants for summary judgment or, in the alternative, summary adjudication to December 4, 2023, to permit defendants to file an appropriate motion to seal medical records submitted in support of the motion. ...

Excerpt: ...Bilotti Revocable Trust Dated May 19, 2CU5: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, cuie compliant, responses no later than November 1, ...

Excerpt: ...ura, Blake D. Heller, Miles Weiss, Lisa O. Lwäkainen, Andrew Sullivant, and Rachelle H. Dean: T. Arce, Dana L. Segal, Liebert Cassidy Whitmore TENTATIVE RULING: The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of plaintiff Hyelim Cho's first amended complaint is sustained with leave to amend. Plaintiff shall file and s...

Excerpt: ...laint is overruled. Defendants' time to file their answer to plaintiff's complaint shall be extended until five days after service upon defendants of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: This is an unlawful detainer action filed on September 12, 2023, by plaintiff Carp Property LLC, against defendants Claudia Ramos...

Excerpt: ...sed, by and through her personal/legal representative, Jeani Burke, Jeani Burke individually, Kathy Silkett, and Chris Beck: Jacob L Stipp and Robert F. Bristow For Defendant Powers Park Healthcare, Inc. dba Channel Islands Post Acute: Lisa A. Cross For Defendant Jacqueline Cabrera: No appearance For Defendant Bernie Butac: No appearance TENTATIVE RULING: Plaintiff Jeani Burke's petition to bring elder abuse achon in the name of decedent Kathlyn ...

Excerpt: ...chel Van Mullem, Julian Abanise, Santa Barbara County Counsel TENTATIVE RULING: For the reasons set forth herein, the motion of defendant County of Santa Barbara for summary judgment and/or summary adjudication is denied. Background: Plaintiff Rebecca Fraser was injured when she tripped and fell while walking on Channel Drive in Montecito on the evening of November 17, 2020. Ms. Fraser contends that an asphalt lump in the road caused her to trip ...

Excerpt: ...of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, code compliant, responses no later tha...

Excerpt: ...aw Firm, LLP TENTATIVE RULING: The motion of defendant Tesla, Inc. to seal portions of the case doc:ket and filings is denied. Background: This action relates to the purchase of a new 2015 Tesla Model S which allegedly developed numerous problems with its automaton system that substantially impaired the use, value, and safety of the subject vehicle. Plaintiffs Alexandro Filippini and laian Filippini filed their original complaint for damages agai...

Excerpt: ...alcolm S. Schryer and Diane M. Schryer (Deceased): Erin O. Hallissy, David R. Lang, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP TENTATIVE RULING: Plaintiffs' motion for an order that this matter proceed pursuant to a HIPPA qualified stipulated medical record protective order is denied without prejudice. Plaintiffs may properly bring a motion for protective order, if allowed by statute or other legal authority, as to specific requests or subp...

Excerpt: ...Issues as Respects Second Cause of Acton and Punitive Damages ATTORNEYS: Lloyd For Plaintiffs Passport 420, LLC; Spring Creek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: Starr Indemnity & Liability Company's motion for summary adjudication of issues as respects second ...

Excerpt: ...rney General of California TENTATIVE RULING: The parties are ordered to appear at the hearing and be prepared to discuss the matters described herein. Background: On June 2, 2023, petitioner Richard Morse filed a verified petition for writ of mandate directed to respondent Nancy Farias who is alleged to be the Director of the California Employment Development Department, State Disability Insurance Division (respondent), and a notice of hearing fo...

Excerpt: ...Law Office of Matthew Olufs TENTATIVE RULING: The motion for summary judgment or, in the alternative, summary adjudication of defendants Mikki Reilly and Fitness Transform, LLC, is denied. Background: The second amended complaint for damages and injunctive relief (the SAC) filed by plaintiff Ann Fristoe, M.D. (Fristoe) on February 6, 2023, is the operative pleading in this matter. As alleged in the SAC, on January 10, 2020, Fristoe hired Mikki Re...

Excerpt: ...er, Harris Personal Injury Lawyers, Inc. For Defendants Silver Star Transportation and Gleb Stenin: Rosemarie S. Lewis, Edward J. Morales, Bradford A.M. Smith, Borton Petrini, LLP TENTATIVE RULING: For all reasons discussed herein, the motion of defendants Silver Star Transportation and Gleb Stenin to strike all claims for punitive damages in plaintiff's first amended complaint is granted with leave to amend. The following matters shall be strick...

Excerpt: ... D. Estes to confirm contractual arbitration award is ordered off-calendar. Background: On July 21, 2023, Ronald D. Estes (Estes) filed a petition to confirm a contractual arbitration award (the petition) against respondent Elmer Guevara Chacon (Chacon). As alleged or effectively alleged in the petition, Estes and Chacon entered into a written agreement (the agreement) on February 19, 2023, pursuant to which Estes hired Chacon to remove an old fe...

Excerpt: ... reasons set forth herein: Defendant's demurrer to plaintiff's complaint is sustained in part and overruled in part as follows: 2. 3. 4. 5. Defendant's demurrer to plaintiff's first cause of action for Violation of the California Constitution, art. l, sections 1 and 7, is overruled. Defendant's demurrer to plaintiff's second cause of action for Violation of the Unruh Civil Rights Act, is overruled Defendant's demurrer to plaintiff's third cause o...

Excerpt: ...olina Pizarro in the amount of $14,579. CL (2) Counsel are ordered to appear at the hearing on this motion and are to be prepared to discuss whether, and to what extent, other relief may be appropriate pending disposition of the pending petition. Background: On December 7, 2022, petitioner Carolina Pizarro filed her petition for letters of administration and authorization to administer under the Independent Administration of Estates Act the estat...

Excerpt: ...Pacific Palms Condominium Association to enforce judgment is denied. Background: This action commenced on March 8, 2018, by the filing of the complaint by plaintiff Pacific Palms Condominium Association ("PPCA") against defendant Phillip S. Woyak for: (1) Breach of Covenants; and (2) Nuisance. As alleged in the complaint: Woyak owns property that is subject to Covenants, Conditions, and Restrictions ("CC&R's") of PPCA. (Complaint, 2, 5, 7.) Almos...

Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...

Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...

Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...

Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...

Excerpt: ...TIVE RULING: The Court overrules the demurrer of defendants Maria E. Rangel and Julio Rodriguez Ornelas to plaintiff's complaint. Defendants shall file and serve their individual answers or a joint answer to plaintiff's complaint no later than five days after service of written notice of entry of the Court's order herein, notwithstanding the time periods provided in Code of Civil Procedure section 1013. Defendants shall also serve notice of the C...

Excerpt: ...Barnard: Tionna Dolin, James L. Carroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The Court grants plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions. On or before September 28, 2023, or on another date to be determined at the hearing, defendant Gene...

Excerpt: ...mpany, Jaeseong NA, Dong Ha Lee, and Kim Sung Hwan: Anne Singer For Defendants Galaxy Venture Capital, LLC and Adam Lewis: Jordan D. Hankey TENTATIVE RULING: The motion of plaintiff Nathan Joon-Seok Rim for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $162,038.05 plus 10% interest from July 5, 2023. Plainti...

Excerpt: ...defendant Simons Urbina-Mena TENTATIVE RULING: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $9,385.72, pursuant to the terms of Code of Civil Procedure section 664.6. Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $17,724.80 was sought in the complaint. On April 14, 2021, the parties entered into a St...

Excerpt: ...ek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard Lloyd For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: The motion to compel production of documents is denied. Background: Attorney Michael Avenatti (Avenatti) had previously acted as attorney for William Parrish (Parrish) with respect to various matters. In 2016, the tw...

Excerpt: ... Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Cross-Defendant L.A Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING, Brighton's motions to compel deposition testimony and production of documents are denied. Background: (1) Plaintiff's Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint...

Excerpt: ... Law For Defendants Christian Younger and the Law Offices of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: (1) The Court continues the hearing on the motion to be relieved as counsel to September 18, 2023. On or before September 5, 2023, counsel for plaintiff shall file and serve a supplemental declaration or, alternatively, a proof of service and shall lodge a proposed order in accorda...

Excerpt: ...lo ATTORNEYS: Plaintiffs John Marinello and Richard Marinello are sellf-represented Barry J. Reagan / Guillermo E. Partida / Gabriele Lashly of Slaughter,Reagan & Cole, LLP for defendants Joan Elaine Spath, Renee Spath, and Walnut Park Associates. TENTATIVE RULING: The motion is granted. Background: Plaintiffs John Marinello and Richard Marinello filed their complaint on April 29, 2021, alleging causes of action against Elaine Spath, Renee Spath,...

Excerpt: ...RULING: The application will be granted, and the court will issue a right to attach order and writ of attachment upon plaintiff's posting of an undertaking in statutorily required amount of $10,000.00. Background: Plaintiffs George LaPlante and Barbara LaPlante filed their complaint on April 17, 2023, alleging causes of action for breach of contract and common counts, and seeking damages of $753,320.00, plus interest. The complaint alleges that o...

Excerpt: ...es, LLC: Wesley D. Hurst, Allegra Gorchynski, Polsinelli LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to transfer and coordinate cases to September 11, 2023. On or before September 1, 2023, defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, shall file and serve its supplemental brief, declarations, or other necessary documents in accordance with this ruling. Background: As alleged in the operative first am...

Excerpt: ...o set aside default is granted. The Court orders the default entered on March 17, 2023, vacated. Any response to plaintiff's complaint or challenge to service must be filed and served on or before September 13, 2023. No request for entry of default, if appropriate, as against defendant may be filed by plaintiff prior to September 14, 2023. Background: Plaintiff Brett Lauter filed a complaint in this matter on December 22, 2022, alleging eight cau...

Excerpt: ...ry M. Crosner For Defendant Ventura Investment Co.: Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attorney's general act is granted. The court will sign the proposed order. Background: Plaintiff Matt Del Campo, on behalf of himself, the State of California, and others similarly situated and aggrieved, filed his complaint on June 7, 2022. The complaint alleges a single cause of action for violation of...

Excerpt: ...nt on Sister State Judgment, by plaintiff Gary Dachis. Pursuant to a judgment in the total amount of $6,695.00, entered in favor of Dachis and against defendant Kay Lemke on May 24, 2021, by the Conciliation Court, Fourth Judicial District, in the County of Hennepin, State of Minnesota, Case No. 27-CO-19-8203, Dachis sought entry of a California judgment. The California judgment was entered on that date in the amount of $6,695.00, plus accrued in...