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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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...