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...

Excerpt: ...s (2) Plaintiff's Motion To Compel Compliance And Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & Siegel LLP 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 court continues the hearing on plaintiff's motion to c...

Excerpt: ...: August 7, 2023 MATTER: (1) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories and For Monetary Sanctions (2) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents and For Monetary Sanctions (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff's Further Responses To Employment Form In...

Excerpt: ...id Foundation of Santa Barbara County TENTATIVE RULING: For all reasons discussed herein, defendant's demurrer to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file its second amended complaint, if any, on or before August 7, 2023. Background: Plaintiff Dario L. Pini dba DP Investments filed an original complaint for unlawful detainer on April 27, 2023. On May 10, 2023, defendant Amber Asher (Asher) filed a general demur...

Excerpt: ...demurrer to the FAC is overruled as to the statute of limitations bar, and is sustained as to the failure to specifically allege facts constituting the breach of the policy, with leave to amend. The motion to strike the prayer for attorneys' fees is granted, with leave to amend, to permit plaintiff one further opportunity to allege a proper basis for the attorneys' fees claim. The prayer was stricken by this Court from plaintiff's original compla...

Excerpt: ...l and Mark Campbell: Marc S. Shapiro, Jonathan P. Cyr, Bridget K. Hockaday, Hanger, Steinberg, Shapiro & Ash TENTATIVE RULING: (1) The demurrer of defendants to the fifth cause of action alleged in plaintiff's second amended complaint is sustained with leave to amend. (2) Defendants' motion to strike portions of plaintiff's second amended complaint is granted, in part, with leave to amend. The allegations of paragraph 59 of the second amended com...

Excerpt: ...ve to amend. Judgment shall be entered in favor of plaintiff and against defendant in the amount of $6,164.34. Plaintiff is entitled to recover its prevailing party costs. Background: Plaintiff Capital One, N.A. (Capital One) filed its complaint in this action on April 10, 2023. The complaint alleges causes of action for common counts (open book account, money lent, money paid) against defendant Miraya M. Ramirez (Ramirez). The complaint sought d...

Excerpt: ... denied in part as follows: (1) The motion is granted as to Requests for Admissions Nos_ 4, 5, 11, 12, and 18. It will also be granted as to Special Interrogatories Nos. 13: 14: 15: 16: 17 1. The granting of the protective order with respect to these requests for admissions and special interrogatories is without prejudice should further discovery put plaintiff's physical health, mental health, or alcohol use at issue as it pertains to this action...

Excerpt: ...tions, LLC: 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 is granted with leave to amend. Plaintiff shall file and serve her second amended complaint no later than August 21, 2023. Background: This action commenced on February 7, 2023, by the filing of the...

Excerpt: ...mmary judgment is granted. The court has reviewed the proposed judgment submitted by Wells Fargo. Wells Fargo shall modify the proposed judgment to remove the costs. Costs are appropriately claimed by way of a memorandum of costs pursuant to California Rules of Court, rule 3.1700. Background: This action commenced on October 26, 2022, by the filing of the complaint by plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against defendant Emma C. ...

Excerpt: ...es of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: The court continues the hearing on the motion of defendants Christian Younger and the Law Offices of Christian Younger to compel plaintiff to further respond to defendants' request for production of documents to August 21, 2023. On or before August 14, 2023, the parties shall submit a joint status report, or individual status reports, ...

Excerpt: ...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: Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Allison M. Day, Shannon Aminirad, Abraham Dy...

Excerpt: ...ion and PAGA Settlement ATTORNEYS: For Plaintiff Josefina Quiroz and all others similarly situated: Mehrdad Bokhour and Michelle Eshaghian For Plaintiffs Christian P. Adame Prado and Maria Torres: Kashif Haque and Joseph M. Szilagyi For Defendant Natural Pack, Inc.: Nicholas Kanter TENTATIVE RULING: The motion for leave to intervene is denied as moot. The motion for preliminary approval of class action and PAGA settlement is granted as follows: T...

Excerpt: ...es (Set One) ATTORNEYS: For Plaintiff Storke Ranch Master Association: Christopher E. Haskell and Shannon D. Boyd For Defendant Janice Bilotti, Individually and as Trustee of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self-Represented TENTATIVE RULING: (1) The motion to compel inspection of the real property located at 6838 Silkberry Lane, Goleta, California will be granted. 1. The par
Ÿes shall meet and confer, either in person or t...

Excerpt: ...uiz.: Robert J. Stoll For Defendants Ace-High Trucking, LLC and William Placencia: David K. Dorenfeld and Mazyar H. Mazarei TENTATIVE RULING: The motion of Ace-High Trucking, LLC and William Placencia to compel further responses to Form Interrogatories, Set One, from plaintiff Elvira Custodio Ruiz is granted in part and denied in part as follows: 1. The motion to compel further responses to form interrogatories 2.3, 12.2, 12.3, 12.7, and 14.1 is ...

Excerpt: ...rafi, Brandon DuPree, Weitz & Luxenberg, P.C. For Defendant Schooner Enterprises Inc.: Robert A. Curtis, Aaron L. Arndt, Foley Bezek Behle & Curtis, LLP TENTATIVE RULING: The motion of defendant Schooner Enterprises Inc. for determination of good faith settlement is granted and the court determines that the settlement is in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Background: On December 2, 2020, plaintiff ...

Excerpt: ...tipulated Protective Order For Plaintiffs Janice Feldman and 661 Park Lane LLC: Fred J. Knez, Andrew J. Knez, Matthew J. Knez, Knez Law Group, LLP For Defendants The Viking Corporation, Viking Group, Inc., and Supply Network, Inc.: John W. McConnell, III, Kenton L. Robinson, Meyers McConnell Reisz Siderman TENTATIVE RULING: The motion of plaintiffs for order that certain documents designated by defendants as protected material be filed under seal...

Excerpt: ...arroll, 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 continues the hearing on plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions to August 28, 2023, or another date to be determined at the hearing on this matter. On or before August 14, 2023, t...

Excerpt: ...tiff shall file a first amended complaint, if any, on or before June 20, 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”). The complaint alleges that defendant has been renting premises located at 1515 Laguna Street, Unit 2, Santa Barbara, within the city limits of Santa Barbara, since Marc...

Excerpt: ...seng, H. Daniel Burrows, Tseng & Associates TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Margaret O'Brien to deem matters admitted with respect to requests for admission directed to defendant Margarito Avila is denied. Background: This is an action arising out of a motor vehicle collision occurring on October 10, 2017. On August 29, 2019, plaintiff Margaret O'Brien filed the complaint in this action against defendan...

Excerpt: ... Matthew Olufs TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Mikki Reilly and Fitness Transform, LLC, to strike portions of plaintiff's second amended complaint is denied. Defendants shall file and serve their answer to the second amended complaint on or before June 27, 2023. Background: As alleged in plaintiff's second amended complaint (SAC): Plaintiff Ann Fristoe, M.D., hired defendants Mikki Reilly and Fitness T...

Excerpt: ... L Grodan; Morgan Lewis & Bockius LLP TENTATIVE RULING: The petition of The Ritz-Carlton to compel arbitration and stay judicial proceedings is granted Background: This action was commenced on January 20, 2023 by the filing of the complaint by plaintiff Jeff Cifuentes ("plaintiff) against defendant Ritz-Carlton Hotel Company, LLC ("defendant") for (1) Retaliation, (2) Failure to Provide Accurate Itemized Wage Statements: (3) Failure to Timely Fur...

Excerpt: ...5: 2023 MATTER: (1) Motion ofDefendant Heirloom Valley, LLC For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories And Imposing Reasonable Expenses Including Attorney: s Fees (2) Motion of Defendant Heirloom Valley: LLC For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Motion of Defendant Heirloom Valley, LLC For Order Co...

Excerpt: ...monetary, issue, and evidence sanctions, in part. The court awards sanctions in favor of Abatex: LLC: against defendant Ann Fox and her counsel in the amount of $1,989.25: payable to Abatex: LLC's counseL Payment of sanctions is due by July 6: 2023 _ Defendant Ann Fox shall serve verified funher responses to Abatex_ LLC's, set one form interrogatories and set one of requests for production of documents, uithout objections except as to privilege: ...

Excerpt: ...efendant Santa Barbara Erudite Ventures and Plaintiff Cal Green Medical, LLC: Lawrence L Conlan, David L. Cousineau: Richard Lloyd: Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn: Elizabeth A _ O'Brien: Lynn & O'Brien: LLP For Cross-Defendants Clark Howell, LLP, and Ariel Clark: Patrick McCarthy: Linda Elias- Wheelock: Briana E....

Excerpt: ... Santa Barbara: Davina Pujari and Amber Holdemess TENTATIVE RULING: The demurrer to petitioner' s first amended petition for writ of mandate is overruled. Respondent shall file and semre an Answer to the first amended petition for Writ of Mandate no later than June 26, 2023 _ Background: Petitioner Joyce E. Dudley, Santa Barbara County District Attomey ('Dudley") filed her original petition for writ of mandate on December 22: 2022. On January 3, ...

Excerpt: ...petition is denied in its entirety BACKGROUND: The Petition for Writ of Mandamus was filed by Petitioner John Doe (Doe) on May 11: 2022. Doe was at all times a tenured professor in his department at the University of Califomia at Santa Barbara (UCSB)_ The petition challenges the disciplinary action taken by the University of Califomia (University) based upon alleged violations by Doe ofthe Faculty Code of Conduct: in relation to a doctoral studen...

Excerpt: ...ntiff s Motion For Leave To File Second Amended Complaint ATTORNEYS: For Plaintiff Christian P. Adamc Prado: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi: Aegis Law Firm: PC For Defendant Natural Pack, Inc. : Sue M. Bendavid: Nicholas Kanter, Chrystal Ferber, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: (1) the coun orders the parties to appear at the hearmg on plaintiff s motions to compel åurther respo...

Excerpt: ...y Counsel TENTATIVE RULING: The Motion of Defendant the County of Santa Barbara for summary judgment is denied Background: This case arises out of an incident that occurred on April 6: 2021 when plaintiff Joshua Rubow Ivas injured while riding his skateboard at the intersection of Del Playa Drive and Camino Lindo (the intersection) •which is located in Isla Vista: in the County of Santa Barbara: Califomia_ As alleged in the first amended compla...

Excerpt: ..., Cory T Baker: Reicker: Pfau: Pyle & McRoy LLP For Defendants and Cross-Complainants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbim Law TENTATIVE RULING: The demulTer of cross-defendant Edward St. George is sustained in part as to the third and fourth causes of action alleged in Adam Pirozzi and 4601 Via Carretas, LLC's: cross-complaint: with leave to amend. Cross-complainants shall file a first amended cross-complaint on or be...

Excerpt: ...nt V entura Investment Co. : Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attomey' s general act is denied without prejudice. 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 smgle cause of action for violation of the Labor Code Private Attomeys General Act of...

Excerpt: ...fs' complaint is sustained without leave to amend. Defendant shall serve notice of this ruling at all known addresses for plaintiffs. Background: This is an unlawftl detainer action filed by plaintiffs Jennifer Lentini and Mark Lentini against defendant Andrea Gonzalez. As alleged in plaintiffs complaint filed on April 4: 2023 plaintiffs are the owner of premises located at 4723 Glenbrook Street in Goleta, California (the premises) (Complaint, 3 ...

Excerpt: ...oss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel For Cross Complainant and Cross-Defendant James Davis dba Wade Davis Design: Paul R Bums For Cross Defendant James Davis dba Wade Davis Design: Rinat Klier-Er1ich TENTATIVE RULING: For the reasons set forth below: the Motion of James Davis dba Wade Davis Design for Attomey Fees is granted in part and denied in part. The coult awards attomey fees in favor of James Davis ...

Excerpt: ...Film: P _ C. For Defendant Megan M. Thiessen: No appearance. TENTATIVE RULING: For the reasons set forth herein, plaintiff Cavalry SPV I, LLC as assignee of Citibank N _ A. s motion for entry ofjudgment pursuant to defendant' s default under settlement and release agreement is granted. The coun will sign the proposed judgment submitted by plaintiff. Background: This action was commenced on June 5 2019, by the filing of the complaint for account s...

Excerpt: ...ractic: Mark S. Ashworth, Carissa A. Ashworth-Johnson: Ashworth & Ashwofih, LLP (For other appearances see list) TENTATIVE RULING: For all reasons discussed herein: the motion of defendant John Craviotto, D_C_, dba Craviotto Family Chiropractic that settlement was made in good faith is granted. Background: This is a medical malpractice action that was filed on April 5, 2019, by plaintiffs Alexandro Filippini and Stephanie Filippim against over 30...

Excerpt: ...t State Farm Mutual Automobile Insurance Company: No appearance TENTATIVE RULING: The parties are ordered to appear at the hearing on April 17, 2023, at 10:00 a.m. The parties shall be prepared to discuss the status of this matter and, if appropriate, a continued hearing date and briefing schedule. In addition, for reasons discussed herein, on or before a date to be determined at the hearing, plaintiff is ordered to file and serve a corrected dec...

Excerpt: ...YS: For Plaintiff The People of the State of California: John T. Savrnoch, Morgan S. Lucas, District Attorney For Claimant 50 Fathoms, LLC: Joshua E. Lynn, Lynn & O'Brien, LLP TENTATIVE RULING: The motion of the People of the State of California to strike the claim opposing forfeiture of 50 Fathoms, LLC, is granted with leave to amend. Claimant 50 Fathoms, LLC, shall file and serve its amended claim opposing forfeiture on or before June 16, 2023....

Excerpt: ...P., erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso: John B. Larson, Michelle Moy, Larson & Gaston, LLP TENTATIVE RULING: The demurrer of defendants MHC NAC, L.P. and MHC Property Management, L.P., (erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso) to plaintiff's first amended complaint is overruled. Defendants shall file and serve...

Excerpt: ...te Lands Commission: Rob Bonta: Brian D _ Wesley, Michael T _ Zarro: Robert R. Willis, Matthew C. Heyn_ Office of the Califomia Attomey General For Plaintiff Aspen American Insurance Company: David C. Veis: Laura P _ Nash: Clyde & co LLP For Defendants Plains Pipeline, L. P.. Plains All American Pipeline, LP., Plains GP Holdings, L.P., Plains APP, L.R. Plains All American GP LLP, PA GP LLC: Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny:...

Excerpt: ...Further Responses To Requests For Production Of Documents, Set One, And Request For Monetary Sanctions ATTORNEYS: For Plaintiffs Donna Marie Harker, Jeff Harker, and Kelsey Marie Barnard: Tionna Dolin: James L _ Carroll: 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 oven-ules defendant General Motors: LLC's, demurrer to pl...

Excerpt: ...ses sanctions agamst plaintiffs counsel: John Kenneth Dorwin_ in the amount of 500, payable to the court. Payment of sanctions is due by April 27, 2023 Background: This matter is consolidated u.ith Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524: with this case designated as the lead case. On May 24: 2017 plaintiff Sharon Green filed her complaint in this action alleging two causes of action for negligence and ...

Excerpt: ...ndant John D. Kumpitsch: Self-Represented TENTATIVE RULING: The of defendant John D. Kumpitsch to set aside default is granted. Defendant shall file and serve his answer to plaintiff s complaint in the form submitted by defendant with the present motion. Defendant: s time to file and serve the answer shall be extended until five days after service upon him ofwritten notice of entry of the court' s order denying the motion, exclusive of extended t...

Excerpt: ...hi Evgenia Quaid and Randy Quaid: defendants and cross-complainants, are self-represented TENTATIVE RULING: The motion is granted in its entirety Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C Turicchi_ At that time, the complaint alleged a cause of action to quiet title in plaintiffs in property located at 1355 East Mountain Drive in Santa Barbara...

Excerpt: ...d, Cyrus Khosh-Chashm: KVT Law Group, LLP TENTATIVE RULING: Defendant' s motion to quash plaintiff s deposition notice is denied as moot. The Court alvards sanctions in favor of plaintiff and against defendant Foodbank of Santa Barbara County' s counsel of record: the K VT Law Group: in the amount of S 12125: payable to plaintiff s counsel. Payment of sanctions is due by April 20, 2023 _ Background: This is a wrongful tennination lawsuit brought ...

Excerpt: ...r: Timothy S _ McConn: Tracy N _ LeRoy: Wynn B McCloskey: Jane Ray: Audrey Hendricks: Luke A _ Schamel, Yetter Coleman LLP; Brian E. Klein: Melissa A _ Meister, Waymaker LL P For Defendants Plains Pipeline, LP., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains MP, L.P., Plains American GP LLC, and PA GP LLC (case No. 18CV02504): Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny: Robyn K. Bacon: Jeremy A. Lawrence, Colin ...