Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...

Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...

Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...

Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...

Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...

Excerpt: ...ontinued to October 13, 2023.m (3) For all reasons discussed herein, defendants' motion to consolidate and stay the unlawful detainer action is ordered off-calendar, subject to re-filing in accordance with this ruling. (4) To the extent a substitution of counsel for either defendant Jacqueline Rubasky or defendant The Fountain Group, LLC, is not filed and served in this matter by September 11, 2023, counsel shall file and serve an amended motion ...

Excerpt: ...aint by plaintiff The Armand Hammer Foundation, Inc. (“AHF”), against defendants Rex K. Alexander, Misty Hammer, Mark L. Alfano, and Bull Canyon, Inc. As neither Alfano nor Bull Canyon have made appearances in this action, Alexander and Hammer will be collectively referred to as “defendants.” As alleged in the complaint: Prior to November 20, 2022, AHF had six members of its board of directors including defendants. (Complaint, ¶ 11.) Fol...

Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...

Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...

Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...

Excerpt: ...mpany, Jaeseong NA, Dong Ha Lee, and Kim Sung Hwan: Anne Singer For Defendants Galaxy Venture Capital, LLC and Adam Lewis: Jordan D. Hankey TENTATIVE RULING: The motion of plaintiff Nathan Joon-Seok Rim for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $162,038.05 plus 10% interest from July 5, 2023. Plainti...

Excerpt: ...Barnard: Tionna Dolin, James L. Carroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The Court grants plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions. On or before September 28, 2023, or on another date to be determined at the hearing, defendant Gene...

Excerpt: ...TIVE RULING: The Court overrules the demurrer of defendants Maria E. Rangel and Julio Rodriguez Ornelas to plaintiff's complaint. Defendants shall file and serve their individual answers or a joint answer to plaintiff's complaint no later than five days after service of written notice of entry of the Court's order herein, notwithstanding the time periods provided in Code of Civil Procedure section 1013. Defendants shall also serve notice of the C...

Excerpt: ...al injury action on December 15, 2021, by plaintiff William B. Rosenberg (“Rosenberg”) against defendant The Ritz-Carlton Hotel Company, LLC (“Ritz”). As alleged in the judicial council form complaint, on December 25, 2019, Rosenberg, while a guest at a Ritz property in Santa Barbara, slipped and fell down a marble staircase due to a dangerous and defective condition. (Complaint, ¶ GN-1.) Rosenberg alleges that he suffered wage loss, hos...

Excerpt: ... on the part of defendant and awarding plaintiff $2,000,000 in past non-economic damages and $1,250,000 in future non-economic damages. The jury was polled and the verdict was supported by 11 of the twelve jurors. Judgment was filed on 6/13/2023. Defendant has filed a motion for a new trial pursuant to CCP section 657, 659 or for a remitter pursuant to CCP section 662.5. Plaintiff has filed opposition. The Court finds that the evidence was suffic...

Excerpt: ...es. The Neutral entity provider in this case is JAMS. JAMS requires that the parties deposit the fees and expenses for the Arbitration from time to time during the course of proceedings and prior to the scheduled Arbitration Hearing. (JAMS Employment Rules, Rule 31(b).) No due date is specified in the JAMS rules. In fact, the JAMS rules suggest that the responsible party has until the date of the arbitration to pay the fees. The factual aspect of...

Excerpt: ...ENIED. Defendant Yardi Systems Inc.'s Motion for Summary Adjudication as to the Third Cause of Action (Wrongful Death- Negligent Entrustment) is GRANTED. Plaintiffs' Motion to Amend Complaint to allege basis for punitive damages is DENIED. Basis for Ruling/ First and Second Causes of Action: The issue regarding Defendant Yardi Systems, Inc.'s (hereinafter “Defendant Yardi”) vicarious liability for Defendant Bryan Paul Charette's conduct turns...

Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...

Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...

Excerpt: ...defendant Simons Urbina-Mena TENTATIVE RULING: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $9,385.72, pursuant to the terms of Code of Civil Procedure section 664.6. Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $17,724.80 was sought in the complaint. On April 14, 2021, the parties entered into a St...

Excerpt: ...ek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard Lloyd For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: The motion to compel production of documents is denied. Background: Attorney Michael Avenatti (Avenatti) had previously acted as attorney for William Parrish (Parrish) with respect to various matters. In 2016, the tw...

Excerpt: ... Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Cross-Defendant L.A Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING, Brighton's motions to compel deposition testimony and production of documents are denied. Background: (1) Plaintiff's Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint...

Excerpt: ... Law For Defendants Christian Younger and the Law Offices of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: (1) The Court continues the hearing on the motion to be relieved as counsel to September 18, 2023. On or before September 5, 2023, counsel for plaintiff shall file and serve a supplemental declaration or, alternatively, a proof of service and shall lodge a proposed order in accorda...

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: ...it 1 to its opposition to defendant's demurrer, on or before August 28, 2023. (2) For all reasons discussed herein, the Court overrules the demurrer of cross-defendant Bernardino Garcia Hernandez to the cross-complaint filed by James P. Gerety. Cross-defendant shall file and serve his answer to the cross-complaint on or before August 28, 2023. Background: The complaint filed in this matter on January 19, 2023, by plaintiff American Mutual Insuran...

Excerpt: ...on. The Court intends to sign the proposed order submitted by defendant ISL Employees, Inc. Background: On May 31, 2023, plaintiff Antonia Ramirez, individually and on behalf of current and former non-exempt California employees, filed a class action complaint against defendants ISL Employees, Inc. (ISL), The Oak Cottage of Santa Barbara, LLC (Oak Cottage), and ADP Totalsource I, Inc. (ADP) (collectively, defendants) asserting eleven causes of ac...

Excerpt: ...ded complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (8) violation of title 42 United States Code section 1983. Defendants the Santa Barbara County Sheriff's Department, the County of...

Excerpt: ...nlawful detainer against defendant Luke Strauss (Strauss). As alleged in the complaint, Strauss agreed to rent premises located at 5671 Calle Pacific in Carpinteria, California (the premises) from plaintiff's deceased brother-in-law Brian Daily (Daily) as a month-to-month tenancy pursuant to a written agreement (agreement) dated February 1, 2022. (Complaint, ¶¶ 3.a., 6.a(1), 6.b(4).) Strauss agreed to pay monthly rent of $4,000. (Id. at ¶ 6.a(...

Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...

Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...

Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...

Excerpt: ...only known as the ' 'lemon law. Briefly (based on allegations in the operative pleading): on August 23, 2010, plaintiffs purchased a 2020 Nissan Versa for a total purchase price of S32:435 28 (hereafter: the vehicle); Nissan issued a manufacturer's warranty contained in Exhibit 1 to the operative pleading. The vehicle began to suffer electrical and engine difficulties, and plaintiffs took the vehicle to an authofized Nissan repair facility: which...

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: ...50, and 54 is granted. GM shall provide verified, code compliant, further responses to RFPs Nos. 28, 29, 30, 31, 32, 38, 41, 43, 50, and 54, without objections except as to privilege, no later than September 1, 2023. To the extent that documents are claimed to contain trade-secrets, they will be subject to the stipulated protective order. For any documents withheld on the grounds of privilege, plaintiff shall serve a privilege log identifying eac...

Excerpt: ... cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock became indebted to Capital One on an open book account and account stated in writing for money lent by Capital One to Lock at Lock's request. The amount of $8,054.97 is the reasonable value that is due from and unpaid by Lock. Defendant answered the complaint on December 3, 2021, denying based upon lack of knowledge sufficient to ...

Excerpt: ...ed below, the Court will overrule defendants' general demurrers to the fifth cause of action for sexual harassment in violation of Civil Code section 51.7, and sixth cause of action for intentional infliction of emotional distress. For the reasons more fully articulated below, the Court will sustain defendants' general demurrer to the seventh cause of action for violation of the Ralph Act. For the reasons more fully articulated below, the Court w...

Excerpt: ...eron W. Thomas, William A. Bossen Defendant Inzunza Trucking Corp (“Inzunza”) is represented by German A. Marcucci, Dominique Sicari, Cross Defendant Lowe's Home Centers, LLC [“Lowe's” and sometimes “Lowes”] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie Issue Lowe's Motion for Summary Adjudication against Inzunza; specifically, Lowe's requests that the Court grant Summary Adjudication in its favor on the is...

Excerpt: ...serve her answer to Plaintiff's complaint on or before August 18, 2023. Background On March 14, 2023, Plaintiff Daniel Powell filed a complaint in this matter as Trustee of the Powell-Gorman Trust dated March 31, 1998, as amended and restated (the Trust), and on behalf of his parents Suedell Powell (Powell) and Thomas Gorman (Gorman), who are settlors of the Trust and who are deceased. As alleged in the complaint, in late 2021, Gorman and Powell,...

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: ...ttorney fees are awarded in favor of plaintiffs Nicole Nagel and Esy Investments, LLC, and against all defendants, jointly and severally, in the total amount of $6,369,793.98. $3,515,775.50 payable to Barnes & Thornburg, LLP; $316,145.89 to Rincon Venture Law Group; $114,640.00 to Kathleen Bliss Law PLLC; and $2,423,232.59 to Valle Makoff LLP. (2) Costs in favor of Plaintiffs a. Costs in the amount of $3,559.00 are allowed for filing and motion f...

Excerpt: ..., and Diego Rodriguez Garcia filed their original complaint in this action against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC generally denying t...

Excerpt: ...ff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages, and $5,620.42 in taxes, fees, and gratuity. When presented with the final invoice at 3:14 a.m. on October 16, 2021, defendant refused to pay any portion of the bill. The complaint states causes of action for breach of contract, unjust enrichment, fraud, common count (goods and services ren...

Excerpt: ...birth at Santa Barbara Cottage Hospital (the hospital). Plaintiff Roe filed her original complaint in this matter on December 22, 2022, alleging five causes of action for violation of Civil Code section 52.1 (the Tom Bane Civil Rights Act or Bane Act), battery, sexual battery, medical battery, and intentional infliction of emotional distress against Dr. Ramos and Dr. Susanne L. Ramos, M.D., Inc. (Ramos MD) (collectively, defendants.) After the Co...

Excerpt: ..., Melissa Rapp, Office of the City Attorney RULING (1) For all reasons discussed herein, the court grants defendants' motion for judgment on the pleadings without leave to amend. (2) For all reasons discussed herein, the court orders the motion to compel and first amended motion to compel filed by plaintiff on, respectively, July 10 and 13, 2023, off- calendar. (3) The trial set for 8/2/23 at 11:30am is off calendar and the case is dismissed prej...

Excerpt: ...I-J. Analysis The Complaint [filed 5/5/23]; 126-pages. Sets out three counts: 1. Judicial view restoration 2. Declaratory relief 3. Private nuisance Prays for 1. An order (a) requiring Defendants to restore Plaintiff's scenic views by the pruning, trimming, thinning, removal, and/or other maintenance of trees and other vegetation on Defendants' property that interfere with Plaintiff's views in a manner consistent with applicable laws; (b) enjoini...

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: ...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: ...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: ...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: ...Plaintiffs allege that defects and nonconformities to the warranty manifested within the express warranty period, including, but not limited to, transmission defects, that the defects substantially impair the use, value, or safety of the vehicle, and the value of the vehicle is therefore worthless or de minimis. While Ford had an affirmative duty to promptly offer to repurchase or replace the vehicle when it failed to conform the vehicle to the t...

Excerpt: ...Willis, and minors Enzo Willis and Mia Willis by and through their guardian ad litem. As alleged in the FAC, on May 1, 2018, plaintiffs were stopped in their vehicle on U.S. Highway 101 at the Nojoqui grade in the County of Santa Barbara when a vehicle driven by defendant Felipe Hernandez, who is an employee of defendant the California Highway Patrol (“CHP”), struck plaintiffs' vehicle. (FAC, ¶ 13.) The collision injured plaintiffs and cause...

Excerpt: ...ction. By this action, the City seeks to obtain the full fee interest of real property located at 2733 and 2735 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Ya...

Excerpt: ...seeks to obtain the full fee interest of real property located at 2726 and 2728 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Yanez decl., ¶ 3.) The Project al...

Excerpt: ... will order this matter transferred to North County to be reset for hearing upon transfer unless plaintiff shows good cause for why this matter should not be transferred. Any papers responding to the court's ruling herein shall be filed and served on or before August 4, 2023. Background: Plaintiff David Noriega's complaint filed on June 29, 2022, alleges two causes of action for premises liability and negligence against defendants Floriano's Mexi...

Excerpt: ...rney's general act is denied without prejudice. Background Plaintiff Josefina Arzate filed her original class action complaint on February 25, 2022, against Coastal Blooms Nursery, LLC (“CBN”). After the filing of the original complaint CBN submitted an arbitration agreement signed by Plaintiff. On April 29, 2022, Arzate filed her first amended complaint (“FAC”), which is the operative complaint, adding a PAGA cause of action. The FAC all...

Excerpt: ...Inc., Chad Sanchez, and David Esquer: Mark A. Love and Julie V. Oneto RULING For the reasons set forth below, Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's demurer to portions of Plaintiff's first amended complaint is overruled. Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's motion to strike portions of Plaintiff's first amended complaint is denied. Insulate SB, Inc., Chad Sanchez, and David Esquer shall file and ...

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: ...e a supplemental brief in accordance with this ruling that provides legal authority for the order requested in the present motion. Plaintiff shall give notice of this ruling to defendant at all known addresses. Background: On October 12, 2021, plaintiff Capital One Bank (USA), N.A. (Capital One) filed a complaint alleging one cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock becam...

Excerpt: ...gement Services, LLC (Partners) filed its complaint in this matter on February 17, 2023, alleging three causes of action against defendant Noble House Home Furnishings LLC (Noble House) for (1) breach of contract, (2) nonpayment on an open book account, and (3) nonpayment on an account stated. As alleged in the complaint, Partners provides temporary labor to businesses. Noble House is in the business of distributing home furnishings. On September...

Excerpt: ...er responses, including responsive documents, without objections other than those based on privilege, no later than August 11, 2023. 3. The motion to compel further responses to requests Nos. 6, 7, 8, 9, and 10 is denied, without prejudice as set forth below. 4. To the extent that defendant withholds documents based on privilege, defendant shall serve a privilege log identifying each responsive document withheld on the ground of privilege togethe...

Excerpt: ...Management Services, LLC (Partners), published and disseminated a letter dated December 4, 2020 (the letter or subject letter), directly to BaronHR West's clients and business partners, and to a professional network in the staffing industry. (Complaint, ¶¶ 7, 22 & Exh. A.) In the letter, Partners made statements against BaronHR and its principal shareholder that were false and misleading, including that BaronHR was affiliated with “Checkmate ...

Excerpt: ... (MTD) in 2006. (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Olivera worked continuously for MTD from 2006 until March 2020. (PSS, undisputed fact 2.) During his employment with MTD, Olivera was represented by the International Brotherhood of Teamsters, Local 186 (Union). (PSS, undisputed fact 3.) Olivera's employment with MTD was covered by a collective bargaining agreement between MTD and the Union (CBA). (PSS, undisputed...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...inal case 20CR07068, American Surety Company (ASC), through its bail agent Santa Barbara Bail Bonds, issued bail bond No. AS25-319743, in the amount of $25,000.00, on behalf of criminal Defendant Craig Glardon. On August 20, 2021, Glardon failed to appear at hearing and the Court ordered forfeiture of the bail. Notice of the forfeiture was mailed to ASC and Santa Barbara Bail Bonds on August 31, 2021. After being granted an extension, ASC filed a...

Excerpt: ...Brown & Schwartz, Lisa J. Brown, Law Offices of Lisa J. Brown For Defendants Shoreline Farms, LLC and Aviana Kjos: Lora D. Hemphill, Hager & Dowling RULING (1) For all reasons discussed herein, the motion of Defendant Dr. Steven Goss, D.V.M., to strike portions of Plaintiff's first amended complaint is ordered off-calendar. (2) Defendant's Motion to Compel Responses to Special Interrogatories (Set One) is granted. Plaintiff shall serve complete, ...

Excerpt: ...o Defendant entered on March 20, 2023, vacated. Service of the summons on Defendant as set forth in the proof of service filed on February 23, 2023, is ordered quashed. Any response to Plaintiff's complaint or challenge to service must be filed and served on or before August 16, 2023. No request for entry of default, if appropriate, as against Defendant may be filed prior to August 17, 2023. Background This action arises out of an alleged theft o...

Excerpt: ...ation and were privy to attorney-client communications and attorney work product, which was subsequently shared with plaintiff's counsel. On April 24, 2023, the court denied the motion, indicating it was going to ratify its tentative “without prejudice until it's too late.” (Rough transcript of April 24, 2023 Hearing, p. 3, ll. 13-26.) The tentative adopted by the court concluded that Union Oil failed to carry its burden to identify the natur...

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 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: ... in this action on October 20, 2020. On October 30, without any response having been filed by any party, Stiglmier filed his first amended complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the fi...

Excerpt: ...ff, is $335,000.00. (3) Plaintiff's counsel shall attempt to reduce the child-support lien and Medi-Cal lien and provide those amounts to defense counsel. Defense counsel shall issue separate checks to satisfy the liens. Plaintiff is responsible for any and all other liens that may exist. (4) There is a waiver of the provisions of Civil Code section 1542. (5) Defendants shall prepare a formal judgment, on these terms, and submit it to the court, ...

Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...

Excerpt: ...is action was commenced on August 3, 2018, with the filing of Plaintiff's original complaint. The operative pleading is Plaintiff's Fourth Amended Complaint (4AC), filed February 4, 2022. It alleges that Plaintiff Grant Beall (Beall) was a tenant of 6606-6608 Del Playa, HSE, in Isla Vista, owned by Defendant Ronald L. Wolfe and Associates, Incorporated, a California Corporation dba Wolfe & Associates, Property Services (Wolfe). It is styled as a ...

Excerpt: ...st All Defendants, Or, In the Alternative, to Compel Compliance with the Court's June 21, 2023 Order Requiring Defendants to Appear for Deposition and Produce Documents. Ruling Time is of the essence; the trial date is July 26, 2023. 1. Plaintiffs' Motion for Terminating Sanctions and Monetary Sanctions [$5,312] Against All Defendants is denied. 2. Plaintiffs' Alternative Motion to Compel Compliance with the Court's June 21, 2023 Order Requiring ...

Excerpt: ...nd Frank Alfino, jointly and severally, in the amount of $109,088.53. Plaintiff shall present to the Court a judgment for entry consistent with this order. There is a pending discovery motion to deem matters admitted that is set for hearing on July 26. This is mooted by the grant of summary judgment against these parties and that date is vacated. Similarly, trial is now moot and the trial date is vacated. Background On January 26, 2022, Plaintiff...

Excerpt: ...esorts, LLC. RULING The motion is granted as follows: The Court has reviewed the proposed order submitted with the motion and intends on signing the same, as modified, to include Case No. 21CV04034. The relevant terms include: (1) Preliminary approval of the settlement set forth in the Class Action and PAGA Settlement Agreement is granted; (2) The proposed settlement class is conditionally certified; (3) Carmen Martinez is appointed as the repres...

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: ...rt prior to the continued hearing date. Background: As alleged in the complaint filed February 25, 2022, in the late-night hours of October 15, 2021, through the early morning hours of October 16, 2021, defendant Jrake Stanley (Stanley) patronized a restaurant and lounge operated by plaintiff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages,...

Excerpt: ...efore July 24, 2023. Defendant Fiore Management shall concurrently serve a privilege log as to all responsive documents withheld from production on the grounds of privilege, which privilege log shall include a statement of all facts necessary for the court to determine the application of the asserted privilege to each withheld document. Defendant Fiore Management shall concurrently produce for inspection all responsive documents to these requests...

Excerpt: ...r the reasons more fully articulated below, the motion will be denied with respect to service by publication as to Respondent Dusty Berke, as Trustee of the Stuart Rubin Children's Trust dated December 21, 2001. For the reasons more fully articulated below, the motion will be denied with respect to service of any defendant by email. Background: In this proceeding, filed on November 14, 2022, Petitioner/Plaintiff Cappello & Noël LLP (Cappello) se...

Excerpt: ...ants Shari's Management Company, Shari's Management Corporation, FRI-M, LLC, and Shari's CP, LLC, to set aside the judgment, entered on December 21, 2022, and the defaults entered on November 9, 2022, and December 20, 2022, is granted. The judgment is ordered vacated, and the defaults are ordered set aside. The proposed answer attached as exhibit G to the motion is deemed filed and served as of the date of this order. (2) Attorney for Defendants,...

Excerpt: ... to strike punitive damages from Plaintiffs' complaint is denied. Defendant will file its Answer by July 25, 2023. Background This action was commenced on November 4, 2022, by the filing of the original complaint for violation of statutory obligations by Plaintiff Teddy Broussard against General Motors, LLC ("GM"). The original complaint contains the followng causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Viola...

Excerpt: ...pliant motion in accordance with this ruling. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the highway) at the intersection (the intersection) of Las Varas Ranch Access Road (Las Varas) in an unincorporated area 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, w...

Excerpt: ...es by both defense counsel and the court clerk are no longer applicable. In all other respects the tentative stands. TENTATIVE RULING: Because of the unusual circumstances which exist in this case, which are described in detail below, due process requires the Court to vacate the order compelling plaintiff to respond to discovery. Consequently, the motion for terminating sanctions based upon plaintiff's failure to comply with a court order compell...

Excerpt: ...erest Helen Hammond (“plaintiff”) filed its judicial council form complaint against the State of California, County of Santa Barbara, City of Santa Barbara, D&J Auto Shop, Louis Daniel Monreal, and Jose Monreal alleging causes of action for motor vehicle negligence, general negligence, negligence per se, wrongful death, survival action, and exemplary damages. As alleged in the complaint: On November 4, 2021, Shelby C. Brady (“decedent”), ...

Excerpt: ...side the judgment pursuant to Code of Civil Procedure section 473, subdivision (d) is denied. The request to take judicial notice is granted. Plaintiff to give notice. Background This is a motion to vacate a default judgment entered in 1988. The original complaint was filed by Plaintiff Merchants Recovery Services, Inc., a collection agency, against Avery D. Ensley and Peggy R. Ensley (Ensley or Ross) asserting claims for common counts and breach...

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: ... was commenced on July 26, 2022, when plaintiff 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 ...

Excerpt: ... order on the mandatory Judicial Council of California form VL-100 for the court's review. Except as otherwise herein granted, defendants' motion is denied. Background: As alleged in the complaint filed by plaintiff Henry Aguila on January 18, 2023, plaintiff Aguila is the sole shareholder of Thee Aguila Inc. (TAI). TAI borrowed the sum of $5,700,000 from defendant Pico Rivera First Mortgage Investors LP (Pico Rivera) (the loan) which was secured...