Excerpt: ...er to Co m p la in t ATTO RN EYS : Fo r P la in t iff Pa ige Ge s u a ld o : Andrew I. Shadoff For Defendants John A. “Jay” Ruskey, Andy Donald Mullins, Kari Shafer, and Frinj Coffee, Inc. : W e n d y M . Th o m a s TEN TATIVE RULIN G : 1. Defendant Andy Mullins' demurrer to the complaint is overruled. 2. Defendants John Ruskey and Kari Shaffer's Demurrer to the complaint is overrule d. 3. Defendants shall file and serve answers to plaintiff'...

Excerpt: ... f P la in t if f s ' Fir s t Am e n d e d Co m p la in t . ATTO RN EYS : For Plaintiffs Deborah Stanley and Ron Weiner : Evange line F. Grossman, Tonna K. Faxon For Defendant State Farm General Insurance Company : Matthew F. Batezel, Scharde C. Va llo n e TEN TATIVE RULIN GS : 1. State Farm General Insurance Company's demurrer to plaintiffs' first amended complaint is overruled. 2. State Farm General Insurance Company's motion to strike portions...

Excerpt: ... alleges one cause of action for violation of Civil Code section 3439 et seq. against defendants James Balster (James) and Jodi Lee Balster (Jodi). (Note : Due to common surnames, the court will refer to defendants by their first names to avoid confusion. No disrespect is intended.) As alleged in the complaint, plaintiff was the victim of childhood sexual assault and other misconduct by J a m e s a n d Ce c ilia Ba ls t e r (Ce c ilia ). (Co m p ...

Excerpt: ...gatory numbers 41 and 43, without objections overruled herein. Except as herein granted, plaintiff's motion to compel further responses to special interrogatories is otherwise denied. (2) For all reasons discussed herein, the motion of plaintiff to compel defendant's further responses to request for production of documents, set one, is granted, in part. On or before May 31, 2024, defendant General Motors, LLC, shall serve a ve rifie d further res...

Excerpt: ...a of Santa Barbara County north of the City of Goleta. The operative pleading is the Second Amended Complaint (SAC) filed on December 16, 2020, by plaintiffs Austin Buist and Maverick Buist, who is a minor, individually and as heirs at law and successors in interest to Allyson Jean Buist, who is deceased, and t he Estate of Allyson Jean Buist. ( Note : For ease of reference, the court will refer to plaintiffs and decedent by their first names. No...

Excerpt: ...nt (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termination; and (6) civil penalties under Labor Code sectio...

Excerpt: ... Korman, Vasquez Ranch, L.P., and ECR Gaviota, Inc., shall further meet and confer in good faith with plaintiff So n ja Be c ke r-Gooch either in her self -represented capacity or with new counsel if appropriate , i n accordance with t his ruling. Furt he r, on or be fore July 24, 2024, defendants Nathan Korman, Vasquez Ranch, L.P., and ECR Gaviota, Inc., shall each file and serve individual status reports describing each defendant's e ffort s t ...

Excerpt: ... M . Co t t e r For Defendant Kenneth Lee Tippery: Self -Represented For Defendants Natalia Kyme Stallworth and The Estate of Natalia Kyme St allwort h: No appe arance R U LI N G For the reasons set forth herein: 1. Plaintiffs' motion to compel Defendant Roy T. Begun's deposition and production of documents at deposition is granted. 1. Roy T. Begun shall appear for deposition at a date properly noticed by Plaintiffs, to take place no later than J...

Excerpt: ...s d e n ie d . D e f e n d a n t s h a ll f ile a n d s e r v e h is answer to Plaintiff's complaint on or before May 20, 2024. This case was filed 2/ 20/ 24 and served on 2/ 23/ 24; it is a collections case for $23,755.29. The case is set for a Case Management Conference on 6/ 12/ 24 at 8:30am to set trial dates. Ba c kgr o u n d O n F e b r u a r y 2 0 , 2 0 2 4 , P la in t if f J P M o r g a n Ch a s e Ba n k, N .A., f ile d a lim it e d c iv ...

Excerpt: ...Defendant American Honda Motor Co., Inc. : Spe nce r P. Hugret, Jeanette C. Suarez, Joshua Hartmann, Gordon Rees Scully Mansukhani, LLP TEN TATIVE RULIN G : The motion of Honda Motor Co., Inc. to compel arbitration and stay action is denied. Background: This action commenced on March 27, 2023, by the filing of the complaint by plaintiff Diana Cibrian against defendant American Honda Motor Co., Inc. (“Honda”), alleging violations of the Song -...

Excerpt: ...y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does 1 through 30. The c o m p la in t is a class action and sets forth causes of action for: (1) Negligence; (2) Vio la t io n o f Ca lif o r n ia Se c u r it y La w s ; (3 ) N e g lig e n c e P e r Se ; (4 ) Fr a u d ; a n d (5 ) F in a n c ia l Eld e r Ab u s e . On October 11, 2023, plaintiffs substitu...

Excerpt: ...VE RULIN G : For all reasons discussed herein, the motion of defendant for attorney's fees and costs is granted. The court awards attorney fees in the amount of $16,425 in favor of defendant Evan Graves and against plaintiff Alexander Alobeydi. Background: On September 25, 2023, plaintiff Alexander Alobeydi (Alobeydi) filed a complaint in this matter against defendant Evan Graves (Graves), alleging nine causes of action: (1) assault; (2) battery;...

Excerpt: ... For Defendant Jonathan Walter Espinoza : Self Represented For Defendant Sergio Morales dba Sergio's Roofing and Rain Gu t t e r : No appearance TEN TATIVE RULIN G : Plaintiff's motion for summary judgment is granted as to defendant Jonathan Walter Espinoza. Background: O n M a r c h 2 9 , 2 0 2 1 , p la in t if f Br id g e r Cla im s Se r v ic e s , LLC (BCS), f ile d it s complaint in this matter alleging that it had in effect an automobile ins...

Excerpt: ...ahry : Rachel Van Mullem, Teresa Martinez, Kristen Cortez, Office of the County Counsel TEN TATIVE RULIN G : For all reasons discussed herein, the motion of defendant the County of Santa Barbara to compel the production of text messages is denied without prejudice. Background: P la in t if f Alic ia P is c h ke f ile d a c o m p la in t in t h is m a t t e r o n M a y 1 3 , 2 0 2 2 , a lle g in g o n e cause of action for work environment harassm...

Excerpt: ...f defendant's bond number FCSSO -2467448 is vacated, and the bond is exonerated. Background: Court records reflect that on August 5, 2022, defendant Financial Casualty & Surety, Inc., through its bail agent Bail Hotline Bail Bonds (Surety), posted bail bond no. FCS502467448 (the bail bond) in the amount of $30,000, as security for the appearance o f Th o m a s P a t r ic k Ca m p b e ll (Ca m p b e ll) o n O c t o b e r 5 , 2 0 2 4 , in Superior ...

Excerpt: ...aintiff separately propounded Supplemental Requests for Production of Documents, and Supplemental Interrogatories on each defendant. Defendants requested and received two -week extensions of time to respond to each set of the discovery. When responses had not been provided by the extended dates for response, plaintiff on February 13, 2024, filed motions to compel responses to the form int e rrogatorie s, spe cial inte rrogat orie s, and re que st...

Excerpt: ...to July 12, 2024. Monetary sanctions in the amount of $2,000.00 are awarded in favor of plaintiffs and against defendant, to be paid to plaintiffs' counsel no later than May 31, 2024. Background: This action commenced on October 6, 2023, by the filing of the complaint by p la in t if f s Ro g e r L. H o r n e a n d Kim St . Au b in (c o lle c t iv e ly , p la in t if f s ) a g a in s t defendant Nissan North America, Inc. (Nissan) for breach of i...

Excerpt: ... at Lloyd's and London Market Companies, Grea t Lake s Re insurance (UK), Lloyd's Unde rwrite r Syndicate, Sompo Canopius dba Canopius Underwriting Agency Inc., Westport Insurance Corporation, Zurich Insurance PLC UK Branch, and Chubb Insurance Company of Canada: Ron H. Burnovski, Charles W. Deutsch, Sava Ale xa n d e r Vo jc a n in For Defendant Liberty Mutual Fire Insurance Company: Nicholas J. Boos TEN TATIVE RULIN G : For the reasons set fort...

Excerpt: ... p p e in e r For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Chris Kroe s Fo r De fe n d a n t s P a t r ic ia W o llu m a n d Su s a n Re yn o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. Napper, Gregory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Br a n d t O . Ca u d ill, J o a n E. Tr im b le For Defenda nt Honor Home Ca re Services Ca lifornia , Inc .: M a r ily n R. Vic t o r , As h t...

Excerpt: ...effrey Handy : Se lf-Represented R U LI N G For all reasons discussed herein, the motion of Plaintiff for summary judgment is d e n ie d . Th e a lt e r n a t iv e m o t io n o f P la in t iff fo r s u m m a r y a d ju d ic a t io n o f t h e second through eighth affirmative defenses is granted, in part, with respect to t he second, t hird, fourth, fifth, and seventh affirmative defenses asserted in the answer filed by Defendant Jeffrey Handy on...

Excerpt: ...rosby and Susan Crosby R U LI N G S The Crosbys' demurrer to the SAPC is sustained with respect to the sixth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action, and is overruled with respect to the seventh, eighth, and ninth causes of action. The County's demurrer to the SAPC is sustained in its entirety. As a result of the parties' agreement that the Schwobs would not further amend their pleading beyond the SAPC, this action ...

Excerpt: ... n i -Nejad, Mohamad Ahmad, Hani Ganji, Kermani LLP For Defendant s Brooke Woollard and Scot t Woollard : N o la n S. Armst rong, Cait lyn M. Harris, McNamara, Ambache r, W he e le r, Hirsig &Gray LLP TEN TATIVE RULIN G : The motion of defendants Brooke Woollard and Scott Woollard is granted, with leave to amend. The prayer for punitive damages alleged in prayer paragraph 3 of plaintiffs' complaint, appearing at page 5, line 18 of the complaint, ...

Excerpt: ...nda nt Lyft , Inc. : Megumi Horiuchi and Elm ir a D a n ie ly a n Fo r De fe n d a n t Be r t in So lis : No appearance TEN TATIVE RULIN G : Defendants' Motion to Compel Arbitration is granted. Th is a c t io n is o r d e r e d stayed pending the completion of arbitration. Background: Th is a c t io n c o m m e n c e d o n O c t o b e r 3 , 2 0 2 3 , b y t h e f ilin g o f t h e J u d ic ia l Co u n c il Form Complaint by plaintiffs Elliot Kreite...

Excerpt: ...ty Of Santa Barbara: Ra c h e l Va n M u lle m , J u liu s Abanise, Office of the County Counsel TEN TATIVE RULIN G : The motion of defendant the County of Santa Barbara is denied without prejudice. Plaintiff is ordered to provide, on or before May 20, 2024, verified responses, without objections, to the set one form interrogatories, special interrogatories, and demands f or inspection of defendant the County of Santa Barbara. Defendant is ordere...

Excerpt: ...0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Constru ction Company (“KT”) setting forth causes of action for: (1) Negligence; (2) Negligence per se; (3) Breach of contract; (4) Breach of implied and express warranties; and (5) Breach of implied warranti...

Excerpt: ...nt, if any, on or before May 6, 2024. Background: Th e f ir s t a m e n d e d c o m p la in t (F AC) f ile d b y p la in t if f Lilly Te is h e r in t h is m a t t e r o n December 22, 2023, is the operative pleading. As alleged in the FAC: Defendant Sigma Nu, Kappa Eta Chapter (Kappa Eta) is a branch of defendant Sigma Nu Fraternity, Inc. (Sigma Nu National) that operates a fraternity house located at 6587 Del Playa Drive in Goleta, California (...

Excerpt: ...Multiservice Santa Barbara, LLC seeking injunctive relief for alleged violations of the Immigration Consultant Act. On December 5, 2023, plaintiff made a settlement offer that included enjoining defendants from further violations of the Immigration Consultant Act and payment of fees and costs in the amount of $12,500.00. (Brown Dec., ¶ 1 & Exh. 1.) Defendant accepted the o ffe r. (Bro w n D e c ., ¶ 2 & Exh . 2 .) On January 10, 2024, the parti...

Excerpt: ...Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, ¶ ¶ 1, 17, 40.) As alleged in the complaint, during Johnson's e m p lo y m e n t w it h t h e Cit y , s h e w a s r e s p o n s ib le f o r h ig h v is ib ilit y , h ig h -le v e l, a n d complex assignments on behalf of the City Administrator and City Council which involved directing interdepa rtmental teams, serving as the...

Excerpt: ... cross- actions arise out of the ownership of real property located at 1790 Eucalyptus Hill Road, Santa Barbara (the Property) by plaintiff, cross-defendant, and cross -c o m p la in a n t Alis o n E. Chase and defendant , c r o s s-complainant, and cross -defendant Brian M. Metcalf. (1 ) P r o c e d u r a l H is t o r y On June 7, 2021, Chase filed her original complaint in this action asserting a cause of act ion for part it ion sale of the Pro...

Excerpt: ... Ch r is t in a Th o m a s a n d Ale xa n d r e H o r t (c o lle c t iv e ly “p la in t if f s ”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting forth 10 caus es of action. On August 8, 2023, plaintiffs filed their first amended complaint. On October 23, 2023, plaintiffs filed their second amended complaint (“SAC”) setting forth causes of action for: (1) Breach of contract; (2) Violation of Sta...

Excerpt: ...Berger & Associates R U LI N G (1) For all reasons discussed herein, the motion of Plaintiff to compel further responses to set one form interrogatories and for monetary sanctions against Defendant Art & Elements, Inc., is granted, in part, as to Plaintiff's form int e rrogat ory numbe rs 1 4.1, 14.2, and 16.8, and denied as to form interrogatory number 16.7. (2) For all reasons discussed herein, the motion of Plaintiff to compel further response...

Excerpt: ...o mp an y [“HLC”]: Ro b e rt J. W ilge r, Sarah Jab i n Issue Defendants Motion for Summary Judgment R U LI N G S For the reasons set out below W 1 . P la in t if fs o b je c t io n t h a t t h e M SJ w a s u n t im e ly f ile d is D EN IE a 2. HLC's MSJ against Counts #1 and #2 and #3 and #4 are DENIED . 3 . HLC's M SJ a s t o t h e P la in t iff's P u n it ive Da m a ge Cla im is GRAN TED . Acknowledgement s The Court acknowledges and appre...

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: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...

Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...

Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...

Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...

Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...

Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...

Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...

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: ...meron Issue Defendant Art's Motion to Continue the Trial Date [and related dates]. R U LI N G 1 . Th e M o t io n is a GRAN TED . 2. The Current Trial Date of July 31, 2024 is continued 120+ days to December 4, 2024 at 11:30am. 3. The Current MSC Date of 7/ 12 is continued to 10/ 25/ 24 at 8:30am in Department #5. 4. The Current final CMC set for 5/ 1 is continued to 9/ 11/ 24 at 8:30am in this Department. 5. All trial related cutoff dates are no...

Excerpt: ... and served on 4/5/24 _ The reply was filed and served on 4/8 The Court has read and considered a total ofabout 180 pages submitted _ RUIINGSU-J 1. The Motion to Compel: For the reasons set out below the Motion To Compel is DENIED. 2. Ihe The Court has read and considered these documents; as for Plaintiffs report that the deposition ofMs. Gonzalez and completing the deposition of Detective Harrison are necessary for Plaintiff to be adequately pre...

Excerpt: ...endant's person most knowledgeable shall take place no later than May 10, 2024. 2. Unless otherwise mutually agreed, the depositions shall occur in person. 3. Unless otherwise mutually agreed, the depositions shall take place in Santa Barbara at a location chosen by plaintiff. 4. Counsel for both parties are ordered to meet and confer - prior to the hearing on 4/ 10 - and with these guidelines in mind, agree on the deposition schedule. 5. Counsel...

Excerpt: ...g h t G a b le r H e a r in g : Plaintiff's Second Renewed Motion To Approve Settlement Agreement and Release Of PAGA Claims Pursuant To Labor Code Section 2698 et seq. R U LI N G For all reasons discussed herein, the second renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is granted. Ba c kgr o u n d O n Fe b r u a r y 2 5 , 2 0 2 2 , P la in t if f J o s e f in a ...

Excerpt: ...Calendar at 8:30am and the Law & Motion Calendar at 10:00am. Both matters will be called at 8:30am. The Demurrer: For the reasons set forth herein, Defendant's demurrer to 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 s u s t a in e d w it h le a ve t o a m e n d . P la in t if f shall file and serve his second amended complaint no later than May 1, 2024. The CMC: The CMC is continued to July 10, 2024, at 8:30am Ba c kgr o u n d Thi...

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 ....