Excerpt: ... Documents and Request for Sanctions ATTORNEYS: For Plaintiff Alan Cerf: Stephen McElroy, Josh Dowell, Ryan Davidson, McElroy Parris Trial Lawyers, Richard R. Bredlau, Law Offices of Richard R. Bredlau For Defendant William Woodward: Craig A. Livingston, John C. Hentschel, Livingston Law Firm TENTATIVE RULING: Plaintiff's motions are granted, except as to sanctions. Defendant William Woodward shall serve verified further responses to plaintiff's ...

Excerpt: ...ntiff the People of the State of California: Joyce Dudley, Christopher B. Dalbey, Morgan S. Lucas, Santa Barbara County District Attorney's Office, Michael N. Feuer, Robert Cha, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney Criminal and Special Litigation Branch For Defendant Sunseeker Enterprises, Inc. dba Sun Firedefense: Scott McEwen, Huston & McEwen For Defendant James Moseley: William Chapma...

Excerpt: ...rown, Jessica M. Garcia, William Bellor-Yeh, Zwicker & Associates, P.C. For Defendant Christopher A. Thierfelder: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff U.S. Bank National Association for summary judgment is granted for judgment in favor of plaintiff and against defendant Christopher A. Thierfelder in the amount of $4,640.62. Background: On March 19, 2021, plaintiff U.S. Bank National Associat...

Excerpt: ...anctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: Plaintiff's motion of plaintiff to compel further responses to discovery, and for sanctions, filed on January 10, 2022, is granted. (2) Defendant Brown & Brown...

Excerpt: ...fendant Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 11, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve ...

Excerpt: ...ance with this ruling. In addition, the Court awards sanctions in favor of The Regents of the University of California, against plaintiff, in the amount of $1,000.00, payable to defendant's counsel. Payment of sanctions is due by July 17, 2022. Background: This is a consolidated action for pre-trial purposes only. On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the University of California, the University of C...

Excerpt: ...n the amount of $1,941.50. Background: On December 20, 2016, judgment creditor Andersen Springs Community Association (ASCA) obtained a judgment in its favor in the Justice Court, West Mesa Precinct, County of Maricopa, State of Arizona (AZ Judgment) against judgment debtors Veronica Loza and Udy Loza, a marital community. (Application for Entry of Judgment, filed Apr. 2, 2018, exhibit A.) On April 2, 2018, ASCA filed its application with this co...

Excerpt: ...�). As alleged in the complaint, from September 21 through September 27, 2020, plaintiff was a guest at a rental property owned by Beach Group and located at 3349 Cliff Drive in Santa Barbara, California 93109 (“Premises”). (Complaint, ¶ 9.) During his stay at the Premises, plaintiff used the pool and spa located in the backyard. (Ibid.) The pool and spa were contaminated with the legionella bacterium and, as a result, plaintiff contracted L...

Excerpt: [email protected] Los Posas v Fox Canyon master email string Matters 1. Kirschbaum's Motion to Disqualify (1) attorne ys Russell McGlothlin, Scott Slater, Matt Farber Schreck LLP from representing any party to this action. 2. Peremptor y Challen ge filed 6/9/22 b y the Law Offices of Youn g Wooldrid ge, LLP Attor 3. Evidentiary Objections 4. Request to Strike and Ob jections to new evidence presented in the Declaration of Neal M 5. Reque...

Excerpt: ...ion is GRANTED. Plaintiff has submitted a Judgment that provides “that Plaintiffs motion shall be granted, and judgment shall be entered.” The Court wants a judgment consistent with the analysis below; to wit: Judgment in the amount of $86,424.97 including costs pursuant to a memorandum of costs. Background This is a debt collection action. On October 20, 2017, plaintiff SoFi Professional Loan Program Grantor Trust 2014-B filed a complaint al...

Excerpt: ...h a first amended complaint filed on November 19, 2019, leading to (following a stipulation); a second amended complaint was filed on December 22, 2021. The second amended complaint (the operative pleading) advances three survivor causes of action, with battery as the first, negligence as the second, and dependent care abuse as the third. Plaintiff is the decedent Charles Primbs' brother, who filed an affidavit/declaration showing he is the deced...

Excerpt: ...ent shall be filed only in the lead case. All subsequently filed documents in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of the other consolidated case. Background: On September 28, 2021, plaintiff Diego Urbina-Javier filed his original complaint in Urbina-Javier v. Smith, case number 21CV03850, against defendants Batte Thomas Lowe Smith and Nebhut Smith (collectively, defendants)...

Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...

Excerpt: ...d complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post-surgical treatment of Wideman following surgery performed by Dr. Conway. On April 8, 2022, the court granted Dr. Conway's motion to compel production of documents in connection with the deposition of plaintiff Wideman's expert, Farzad Alemi, M.D. In its ruling, the Court ordered plaintiffs to provide...

Excerpt: ...dant Raytheon Company (Raytheon) for violation of the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq.) and other statutes, alleging, among other things, that she was not paid as much as other comparable employees on account of her age and gender. On July 29, 2021, plaintiff served on Raytheon plaintiff's requests for production of documents, set two (RFP). Those requests sought, among other things, production of ele...

Excerpt: ...omplaint seeks, among other things, late fees pursuant to the Rental Agreement. [Complaint at ¶ 19.i.(2).] There are no further allegations related to the request for late fees against defendant. The Rental Agreement, attached as Exhibit 1 to the Complaint, provides for a Late Rent Charge of “$35.00 after 3 days”, at Section G. It provides further, at ¶ 3: Late Payment Charge/Insufficient Funds: If rent is paid after 3 days after the rent d...

Excerpt: ...9 (“$170,000”), 22 through 25 (“Moreover … Defendants.”), and 28 (“$2,000,000,000”), at page 10, lines 2 (“$13,500”), 17 (“$13,500”), and 20 (“$100,000”), at page 13, lines 9 to 24 (“since Plaintiff also … by the Defendants.”), at page 14, line 27 (“The failure to act …”) to page 15, line 9 (“… of the Defendants).”), at page 15, line 11 (“Federal law gives …”) to page 17, line 12 (“… on July 9...

Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...

Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...

Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

Excerpt: ...esentative class. Plaintiff's counsel, Mr. Escobedo, describes the overall value of the lawsuit as one involving “seven figure[s] [in] civil penalties”; he also describes the value as one involving “approximately 60,000 pay period/work weeks during the relevant statutory period, with the maximum PAGA penalties in the tens of millions of dollars.” Which is it? No other figures are provided. This is contradictory and therefore inadequate. A...

Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. On May 11, 2022, plaintiff filed a demurrer to the first amended answer, asserting that...

Excerpt: ...essive Casualty Insurance Company) for defendant Madison Nicholas TENTATIVE RULING: The motion is granted; the action is ordered dismissed. Background: This action arises from an automobile accident which occurred on March 27, 2017. Plaintiff filed her complaint on March 26, 2019. When there were no appearances for multiple Case Management Conferences, the Court dismissed the case without prejudice on December 23, 2019. One day short of 6 months ...

Excerpt: ...IVE RULING: The motion is granted. Background: This is a collections action, which arose from credit extended by plaintiff to defendant on a credit account. The complaint was filed on December 2, 2021, and alleges causes of action for common counts (open book account, account stated, goods sold, and credit extended), and seeks damages of $10,432.09, as the amount due and unpaid. Defendant Francisco de Las Heras answered the complaint on December ...

Excerpt: ...Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...