Excerpt: ...n, the motion of Defendants to strike punitive damages is granted, in part, with leave to amend. The following matters shall be stricken from Plaintiff's first amended complaint: (1) the term “punitive damages” appearing in p aragraph 14(a)(2) of the first amended complaint; and (2) the entirety of the first paragraph of Attachment 14.a(2) only, beginning with “[a]s to all causes of action” and ending with “Civil Code § 3294(c)”. Exc...

Excerpt: ...iscussed herein, the motion of Defendant Carpinteria Unified School District for judgment on the pleadings is ordered off -calendar. Background On December 21, 2022, Plaintiff Roxanne Coles filed a complaint in this matter alleging seven causes of action against Defendants Carpinteria Unified School District (the District) and Veronica Gallardo (Gallardo): (1) failure to prevent d is c r im in a t io n in violation of Government Code section 1294...

Excerpt: ...lls 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. The trial date of 4/ 17/ 24 is vacated. Background This action commenced on June 26, 2023, by the filing of the complaint by Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against Defendant Brandon Vargas setting forth causes of action for breach of written cont...

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: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...

Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...

Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...

Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...

Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...

Excerpt: ...a hy : David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Ch r is Kr o e s For Defendants Patricia Wollum and Susan Reynolds : Ga b r ie lla L. St e r n f e ld , D a v id A. Nappe r, Gre gory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Brandt O. Caudill, Joan E. Tr im b le For Defendant Patrick Leahy : Se lf-Represented R U LIN G S For the reasons set forth herein: Defendant Channe Col...

Excerpt: ...e & Case LLP, Nathan Ro g e r s , Ro g e r s , Sh e f f ie ld & Ca m p b e ll, LLP For Defendant Richard Dean Carson : J . P a u l Gig n a c , Cla ir e K. M it c h e ll, Rim o n , P .C. For Defendant ProHealth Inc. : Nick S. Pujji, Emma Moralyan, Dentons US LLP R U LIN G (1 ) For all reasons discussed herein, the demurrer of Defendant ProHealth Inc., to Plaintiff's complaint is sustained as to the seventh cause of action, with leave to amend. Exc...

Excerpt: ...Maureen Wo ot e n a n d VRTCAL Ma rke t s, In c. : Robert A. Curtis, Aaron L. Arndt, Jordan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire : Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-Complainant DelPlaya Media, Inc. : John J. Thyne III, Thyne Taylor Fox Howard, LLP R U LIN G For the reasons set forth herein: 1. P...

Excerpt: ...s For the reasons set out below: 1. Defendants request that this Court grant a protective order to prevent any questioning of Dr. O'Callaghan and/ or Dr. Newman in the Jane Doe I case until such time as Defendants have been able to obtain Jane Doe II's deposition t e s t im o n y is GRAN TED . 2. Plaintiffs request for a motion to compel and sanctions, is continued to 3/ 20/ 24 at 10am, the same day set for the Court to rule on the Plaint...

Excerpt: ...he motion of Defendant Karl Storz Imaging, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. The MSC date of 3/ 1/ 24 and the Trial Date of 3/ 27/ 24 are confirmed. Do not request a continuance. The event leading up to the filing of the complaint occurred on 7/ 26/ 22; the case was filed in 12/ 2022; the trial date was set on 5/ 3/ 23 ; t h is is a ju r y t r ia l; t h e Co u r t h a s r e s e r v e d...

Excerpt: ...: Chandra A. Beaton, Kathleen M. Fe llo w s , Lig h t Ga b le r R U LIN G For all reasons discussed herein, the renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is denied without prejudice. Background On February 25, 2022, Plaintiff Josefina Arzate filed a class action complaint against Coastal Blooms Nursery, LLC (CBN). On April 29, 2022, Arzate filed a first amend...

Excerpt: ...that request is denied. The Court's order compelling responses without objections is made without prej u d ic e to BMW's ability to file a properly supported motion for relief from its waiver of objections. If such a motion has been filed and served prior to March 7, 2024, the March 7, 2024, deadline for providing responses without objections will be deferred pending a ruling on the motion. Background : P la in t if f 's c o m p la in t , f ile d...

Excerpt: ... in t if f ”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (5) Failure to pay wages when due. (6) Unfair Business Practices. (7) Unlawful retaliation. As alleged in the complaint: In April 201...

Excerpt: ... 1 , 2 0 2 4 , t h e p a r t ie s s h a ll s u b m it a jo in t r e p o r t , o r in d iv id u a l s t a t u s r e p o r t s , in accordance with this ruling. 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 );...

Excerpt: ...2 ) As set forth herein, by the granting of leave to file a second amended complaint, the demurrer to the first amended complaint is moot and ordered off c a le n d a r . (3 ) For the reasons set forth herein, the motion of defendant for a protective order is denied. Plaintiffs' request for an award of monetary sanctions is denied. Background: On May 12, 2023, plaintiffs Alex Pananides, individually and as trustee of the Alexander Nicholas Panani...

Excerpt: ...David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles: R. Ch r is Kr o e s F o r D e f e n d a n t s P a t r ic ia W o llu m a n d Su s a n Re y n o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. N a p p e r, Gre go ry K. Sa b o For De fe ndant and Cross-Complainant Help Unlimited, Inc.: Brandt O. Caudill, J o a n E. Tr im b le For Defendant Patrick Leahy: Self -Represented R U LI N G The Court will call the...

Excerpt: ...ga : Kr is t i D . Ro t h c h ild , J u lia n Alw ill, Ro t h s c h ild & Alw ill, AP C R U LI N G (1) For the reasons set forth herein, the general demurrer of Defendant John Chapman is sustained, with leave to amend, as to the first and third causes of action of the complaint, and the special demurrer is sustained, with leave to amend, as to each caus e of action of the complaint. (2) For the reasons set forth herein, the motion of Defendant Jo...

Excerpt: ...rrer is overruled. (2) For all reasons set forth herein, defendant's motion to strike the fourth and fifth causes of action alleged in plaintiff's first amended complaint is denied. (3) Plaintiff shall file and serve her second amended complaint, if any, on or before February 20, 2024. (4) At the hearing on defendant's demurrer and motion to strike, the parties shall be prepared to discuss, in accordance with this ruling, consolidation of the pre...

Excerpt: ... First Amended Complaint is overruled. 4. Defendants County of Santa Barbara and California Coastal Commission shall file and serve their answers to plaintiff's first amended complaint no later than February 29, 2024. Background: This action commenced on March 9, 2023, by the filing of the original petition and complaint by plaintiff Casa Blanca Beach Estates Owners' Association (“CBBEOA”) against defendant State of California ex rel. State L...

Excerpt: ...heston Administrative Trust under the Cochran-Cheston Trust (the Administrative Trust), and as Trustee of the Bayshore Tower Apartments Trust (the Bayshore Trust) (collectively, plaintiff) filed a complaint against defendant Bayshore Housing, LLC. The complaint alleges three causes of action against defendant: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) declaratory relief. As alleged in the complaint...

Excerpt: ... and Christopher De La Vega: Michael B. Wilk, David D. Samani, Lewis Brisbois Bisgaard & Smith LLP RULING 1. For all reasons discussed herein: 2. The motion of Plaintiff for an order permitting discovery of Defendant Isla Vista Owner, LLC's, financial condition, is denied. 3. But the Court has been here many times in the past 26 years. 4. The Court alerts the Defendants; if the jury comes back with a finding that Plaintiff is entitled to punitive...

Excerpt: ...d. Plaintiff may re-serve the discovery in compliance with the California Rules of Court. Plaintiff is to give notice of this ruling and attach a copy of the minute order. Background This action was commenced on May 12, 2023, by the filing of the complaint by Plaintiff The Jean Michele Cross Revocable Trust (“Trust”) against Defendants Four P's Group, LLC (“Four P's) and Jeff L. Handy (collectively “Defendants”). The complaint alleges c...

Excerpt: ... For Defendant Anchor Heating & Air Conditioning, Inc.: Michael E. Gallagher, Caroline B. Fawley, Edlin Gallagher, Huie Blum For Defendants John L. Bunce and Elizabeth N. Bunce: No appearance RULING For all reasons discussed herein, the motion of Defendant Giffin & Crane General Contractors, LLC, for summary judgment or, in the alternative, summary adjudication, is denied. Background In his complaint filed on October 24, 2022, Plaintiff Rogelio J...

Excerpt: ...rt's January 25, 2023 order, granting Ford Motor Company's motion to compel arbitration and stay action, is denied. Background Plaintiff Deborah Andrews filed her complaint against Defendants Ford Motor Company (FMC) and Jim Vreeland Ford (JVF) on August 23, 2022. As alleged in the complaint, Andrews entered into a warranty contract with FMC, on or about April 22, 2020, regarding a 2020 Ford Escape. (Complaint, ¶ 10.) “Defects and nonconformit...

Excerpt: ...exler / Molly A. DeSario / Jonathan Lee of Capstone Law APC for Plaintiff Carmen Martinez Paul K. Wilcox / Jared M. Katz / Christina M. Behrman of Mullen & Henzell LLP for Defendants SYR Service Company, LLC, San Ysidro BB Property, LLC, and Ty Warner Hotels & Resorts RULING The Court will grant both motions. BACKGROUND These actions consist of (a) a wage and hour action (Case No. 21CV03118) filed August 4, 2021, alleging causes of action for (1)...

Excerpt: ... Coffin and Scott A. Jaske RULING For the reasons set forth herein: 1. The demurrer of cross-defendants Isabel Huerta and Martin Huerta, to the cross-complaint, is overruled. 2. Cross-Defendants shall file and serve their answer to the cross-complaint no later than February 17, 2024. The Case Management Conference of 3/20/24 is confirmed; please meet and confer prior to that hearing and provide the trial date you want for the case in your CMCS. B...

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: ...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: ...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: ...reach of the implied covenant of good faith and fair dealing will be overruled; and (3) The demurrer to the third cause of action for breach of obligation to report payments on judgment will be sustained, without leave to amend. Background: On January 18, 2023, plaintiff Henry Aguila (Aguila) filed a complaint, in pro per, against defendants First American Title Insurance Company (First American), Pico Rivera First Mortgage Investors, LP (Pico Ri...

Excerpt: ... (“Trident”), and SCI Shared Services (“SCI”) containing seven causes of action: (1) Recovery of Unpaid Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Timely Furnish Accurate Itemized Wage Statements; (5) Violation of Labor Code section 203; (6) Unfair Business Practices; and (7) Disability Discrimination. Plaintiff alleges that defendants are her former employers, and she was empl...

Excerpt: ...ttend the hearing in this matter, either in-person or remotely, to discuss the scheduling of a further Case Management Conference. 3. Defendants' motions to compel further responses to discovery are taken off-calendar to be re-set for hearing after the stay is lifted. Background: This action was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Von...

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: ...ative pleading in this matter. (Note: Due to common familial surnames, the court will refer to plaintiffs individually by their first names to avoid confusion. No disrespect is intended.) As alleged in the FAC: On February 22, 2019, Sophie, who was 17 years old at the time, was attending San Marcos High School (San Marcos) and was chosen to perform in a variety talent show for the school's theater department. Under the direction of San Marcos and...

Excerpt: ...mutually agreed, or further order of the court, payment for fees and costs is to be made no later than March 15, 2024. Background: This action arises out of a dispute over alleged defects in a home in Los Angeles that plaintiffs Nicole Nagel and ESY Investments, LLC, purchased from defendants Tracy Westen and Linda Lawson in June 2011. The parties arbitrated the dispute, and, on August 5, 2013, plaintiffs were awarded $4.595 million in damages, c...

Excerpt: ...iffs first amended complaint no later than February 16, 2024. Background: This action was commenced on July 27, 2023, by the filing of the complaint by plaintiff Ocean Walk at North Campus Owners Association ("Ocean Walk") against defendants Stronghold Engineering Incorporated ("Stronghold") and Pat McCarthy Construction, Inc., dba McCarthy Companies ("McCarthy") for: (1) Violation of Standards for Residential Construction; (2) Breach of Implied ...

Excerpt: ...the claim with requisite specificity, is overruled as to defendant O'Callaghan, and sustained with respect to defendants Sansum Clinic and Sansum Santa Barbara Medical Clinic, Inc., with leave to amend on or before February 16, 2024. BACKGROUND: Plaintiff Jane Doe (Doe) filed the current achon on January 31, 2023. Her original complaint named as defendants W. Kiernan O'Callaghan, M.D. (O'Callaghan), Sansum Clinic, and Sansum Santa Barbara Medical...

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: ... violation of FEHA is overruled as to Zeb Albert. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is sustained with leave to amend as to Caroline Neufeld. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is overruled as to Trader Joe's Company. Defendants' demurrer to Plaintiff's tenth cause of action for emotional distress is sustained without leave to ame...

Excerpt: ...ion to strike portions of Plaintiff's complaint, is denied. Defendant shall file and serve his answer to the first amended complaint no later than February 12, 2024. Background: Plaintiff Jessica Naemi filed her original complaint on September 14, 2023, against Defendant Jaspal Padhal, setting forth causes of action for: (1) Quiet Title; (2) To Set Aside Fraudulent Transfer; (3) Conspiracy to Make Fraudulent Transfer; (4) Constructive Trust; (5) ...

Excerpt: ...aza LLC: Unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. Plaintiffs A. Stuart Rubin and Annette Rubin's motion for new trial re: summary judgment order is denied. Plaintiffs A. Stuart Rubin and Annette Rubin's Motion for new trial re: terminating sanctions is denied. Preferr...

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: ...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: ...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: ... 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: ...l complaint in this action against defendants Ply Gem Pacific Windows Corporation (Ply Gem) and Homer T. Hayward Lumber Co. (Hayward) alleging six causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) product liability— design defect; (5) product liability—manufacturing defect; and (6) negligent misrepresentation. (Complaint, 8, Prod. L-4, Prod. L-5, Prod. L-6 & Attach...

Excerpt: ...le to attend a deposition. On or before January 31, 2024, plaintiff shall select a date for the deposition of defendant's person most qualified from the dates provided and notify defendant of that date. If defendant does not provide a date on which its person most qualified is available to attend a deposition by January 25, 2024, plaintiff may unilaterally select and notice a date for the deposition of defendant's person most qualified. The depos...

Excerpt: ...the University of California ("Regents"), Michael Little, and Greg Smorodinsky alleging causes of action for: (1) Harassment in Violation of FEHA; (2) Quid Pro Quo Sexual Harassment in Violation of FEHA; (3) Discrimination in Violation of FEHA; (4) Retaliation in Violation of FEHA; and (5) Violation of Labor Code secton 1102.5. As alleged in the complaint: Plaintiff was hired by Regents as a police officer in June 2015, following a panel review. ...

Excerpt: ...ted against her by eliminating her position after she repeatedly complained to management that Cottage's new Chief of Pediatrics, Dr. Kanard, was placing patents' safety at risk, and was deviating from the standard of care. Although Plaintiff was offered a position as a PA in robotics surgery, with the same pay and benefits, she asserts that this transfer was a demotion and an adverse employment action, and that it ruined her career and opportuni...

Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...

Excerpt: ...October 18, 2023, by the filing of the complaint by plaintiff Eric Phillips ("Phillips") against defendant Bruker Nano, Inc. ("Nano") alleging causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Violation of Government Code section 12940, subdivision (a); (3) Violation of Government Code section 12940, subdivision (m); (4) Violation of Government Code section 12940, subdivision (n); (5) Violation of Government Code s...

Excerpt: ...d herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or, in the alternative, summary adjudication, is denied. Background The first amended complaint ( AC) filed in this matter on August 24, 2022, by Plaintiff John Doe #3 (a pseudonym used for these litigation purposes) is the operative pleading. As alleged in the FAC: Plaintiff Doe was the victim of unlawful sexual assault, abuse, and other misconduct ...

Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...

Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...

Excerpt: ...ion of the first and second causes of action of the fourth amended cross-complaint of Signal Hill Service, Inc., and cross-complainant Carone Petroleum Corporation. Summary judgment is granted in favor of cross-defendant California State Lands Commission and against cross-complainant Carone Petroleum Corporation. In all other respects, the motion is denied. Background: Plaintiff State Lands Commission (Commission) and defendant Signal Hill Servic...

Excerpt: ...duction Nos. 104 and 105, and that such disobedience has had the effect of suppressing discoverable evidence. These findings will be considered by the court in determining appropriate jury instructions and in ruling on appropriate motons in limine at the time of trial. The court additonally grants monetary sanctions in fawr of plaintiff Vranish and against defendant Raytheon and its counsel, Gordon Rees Scully Mansukhani, LLP, jointly and several...

Excerpt: ...Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to...

Excerpt: .... (3) Plaintiffs shall file and serve their second amended complaint on or before January 19, 2024. Background: Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed a complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mit...

Excerpt: ...iffs shall file and serve their second amended complaint, in the form attached to plaintiffs' non- oppositions to the demurrer and motion to strike of Kone, on or before January 19, 2024. Background: Plaintiffs Benjamin Kenan (Benjamin) and India Kenan (India), by and through her guardian ad litem Benjamin (collectively, plaintiffs), filed a complaint for damages on March 25, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, ...

Excerpt: ...ty"]: Barbara A. Carroll; Callie Patton Kim Issue (1) Hearing on return on Remittitur; (2) County's request to lift the stay", (3) to dissolve the preliminary injunction; (4) to deny the Petition for writ of mandate and (5) to reconsider this Court's ruling on the 1st cause of action in the County's Cross-complaint. Rulings 1. The Court lifts the stay of the litigation in its entirety imposed on June 12, 2023. 2. The Court immediately dissolves t...

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: ...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: ...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: ...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: ...oduction of Documents Nos. 14, 15, 21, and 22, and to do so on or before January 25, 2024. Background: On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the university of California, the University of California Santa Barbara, and the University of California Santa Barbara Police Department (collectively "Regents") in Case No. 21CV01256, alleging causes of action for racial discrimination in violation of the Fai...

Excerpt: ...aims or further order of the court, litigation of all other claims is stayed. Any demurer to the FAC as to these claims may be filed and set for hearing after the stay is lifted. (2) On the court's own motion, the November 29, 2023, Further Case Management Order is vacated. The parties are ordered to meet and confer as to a new case management conference order consistent with the guidelines set forth herein and the court's October 6, 2023, order,...

Excerpt: ...nty Counsel RULING For all reasons discussed herein, plaintiff Linda Cobb's Motion to Tax Costs of the County of Ventura is denied. The County of Ventura shall recover all costs contained in its memorandum of costs filed and served on November 17, 2023. Background Plaintiff Linda Cobb filed her complaint in this matter on August 8, 2022, alleging three causes of achon against defendants the Superior Court of California for the County of Ventura (...

Excerpt: ...rther responses to requests for production of documents (set one) and for sanctions is denied in its entirety. Background This action was commenced on April 6, 2023, by the filing of the complaint by Tyler Powell against Defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of C...

Excerpt: ...sustained without leave to amend. Background On August 3, 2023, John De Herrera (petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against respondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who lives and works in the City of Santa Barbara. Petitioner alleged that in 2014, a 23-acre property lo...

Excerpt: ...catello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP Emails: [email protected]; [email protected]: [email protected]: rforouzandeh@rp [email protected]; [email protected]; RULING For all reasons discussed herein, Defendants' motion for sanctions i...

Excerpt: ...n Sclar (San Francisco) and Devin M. Senelick (Los Angeles) of Hooper, Lundy & Bookman, P.C. for Defendants/Respondents County of Santa Barbara, County of Santa Barbara Board of Supervisors, County of Santa Barbara Department of Public Health, and Santa Barbara County Fire Protection District. Rob Sonta / Darrell W. Spence / Kevin L Quade of the Attorney General's Offce on behalf of Amicus Curiae California Emergency Medical Services Authority. J...

Excerpt: ...ch; Patrick J. Glinka Attorneys for Defendant/cross-complainant, Alberto Santiago Sigala; ["Sigala"l; David Holnagel, Matthew P. Stone, Stone Kalfus Attorneys for Defendant Commodity Trucking Acquisition dba Tri County Transportation ["Commodity"]: David J. Byassee, Shannon Lamb, Jose Yanez, Plain Legal PC Attorneys for Jonathan Jair Montoya and Aida Araceli Fierros Villarreal ["Montoya" and "Villarreal"]: Robert L. Reisinger Attorneys for Jonath...

Excerpt: ...iled by Schwobs against the Crosbys. County's demurrer and motion to Strike the First Amended Verified Complaint for Damages and Injunctive Relief filed by Schwobs. Rulings Since there is no opposition, the demurrers and motion to strike are granted. The Court believes there will be no opposition against the filing of the 2AC; please meet and confirm. If there is no opposition the Court will grant the request to file the 2AC attached to the Plain...

Excerpt: ... Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: 1. The demurrer of defendants Wollum and Reynolds, to plaintiffs' second amended complaint, is sustained in part and overruled in part as follows: 2. The demurrer is overruled as to the first cause of achon for elder abuse, the fourth cause of action for intentional infliction of emotional distr...

Excerpt: ...filed its original complaint against defendant Central Coast Agriculture, lnc„ dba Raw Garden (CCA) asserting one cause of action for breach of contract. On January 28, 2022, without any response having been filed to the original complaint, HERBL filed its first amended complaint (FAC) asserting 11 causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good...

Excerpt: ... being asked. The further responses shall be served no later than January 5, 2024. Prospective sanctions are denied. Background: This action was commenced on August 31, 2022, by the filing of the complaint by plaintiff Brian A. Goldsworthy against defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code secton 1793.2, subdivisi...

Excerpt: ...nc. ("Rasmussen") for dangerous condition of public property, negligence, and premises liability. As alleged in the complaint: "On February 28, 2021, at approximately 7:30 p.m., Plaintiff Robert Kimball was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California." (Complaint, 8.) "As Plaintiff Robert Kimball rode his bicycle in the bicycle lane on Modoc...

Excerpt: ...ant David Ellinwood to compel further response to written discovery is granted. On or before January 16, 2024, Plaintiff Marcus E. shall serve verified further responses to Defendant Ellinwood's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, without objection except as to privilege and in a form complying with the Code of Civil Procedure. To the extent that Plaintiff withholds an...

Excerpt: ...iscussed herein, the motion of Defendants Anthony C. Romero, M.D., and Santa Barbara Orthopedic Associates, Inc., for summary judgment or, in the alternative, summary adjudication, is granted. Defendants shall submit a proposed order in accordance with this ruling. The Trial date of 1/24/24 is vacated. Background Plaintiff Cesar Peralta filed his operative first amended complaint (FAC) in this matter on September 19, 2022, against Defendants Anth...

Excerpt: ...For Defendant Roy T. Begun: Self-Represented For Defendant Mike Phelan: Christopher M. Cotter For Defendant Kenneth Lee Tippery: Self-Represented For Defendants Natalia Kyme Stallworth and The Estate of Natalia Kyme Stallworth: No appearance RULING For the reasons set forth herein: The demurrer of California Highway Patrol to Plaintiffs' complaint is sustained with leave to amend. Plaintiffs shall file and serve their first amended complaint, if ...

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: ...or plaintiff the verified declaration(s) of one or more persons with personal knowledge of the search for responsive documents stating affirmatively that a reasonable and diligent search has been conducted as to the specific category of documents for which a further response is required, and that the documents produced as identified to each specific category of documents consist of all documents responsive to the request except: (i) documents wit...

Excerpt: ...LC, Goleta Self Storage Partners, LLC, Union Pacific Railroad Company, AT&T Corporation, AT&T Communications — East, Inc., Goleta Sanitary District, Thorofare Asset Based Lending Reit Fund V, LLC, and State of California Department of Transportation ("CalTrans"). As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associated Temporary Construction Easement ov...