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: ...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: ...: 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ... 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...