Excerpt: ...ds “or refute,” no later than July 7, 2023. Background: This action was commenced on April 22, 2022, by plaintiff Maria Azari (“plaintiff”) 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. (...

Excerpt: ...nia RULING For all reasons discussed herein, the motion of Petitioner Coastal Ranches Conservancy for leave to file a second amended petition is granted. Petitioner shall file and serve the second amended petition, in the form attached to the motion, on or before June 28, 2023. Background In its operative first amended petition (FAP) filed on September 13, 2022, Petitioner Coastal Ranches Conservancy (the Conservancy) alleges five causes of actio...

Excerpt: ...base a claim for punitive damages. Defendant Randall Sike shall file and serve his answer to plaintiff's complaint, as herein modified, no later than July 7, 2023. Background: This action arises from an automobile versus pedestrian accident that occurred on June 3, 2022, in the City of Goleta, Santa Barbara County, California. Plaintiff filed her complaint on October 31, 2022, asserting causes of action for motor vehicle negligence, general negli...

Excerpt: ..., he fell into the waters of the Santa Barbara Harbor. (See Mubanda v. City of Santa Barbara (2022), 259 (Mubanda).) Defendants Skip Abed and Blue Water Boating, Inc. (BWB) now move for summary judgment or alternatively for summary adjudication. (1) Procedural History On February 6, 2018, plaintiff Agnes Nabisere Mubanda filed her original complaint in this action. Mubanda is alleged to be Kabogoza's mother and successor in interest to Kabogoza (...

Excerpt: ...he filing of the complaint for violation of statutory obligations by Eric Koopmans and Lynda Koopmans (collectively “plaintiffs”) against General Motors, LLC (“defendant”). The complaint contains the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Violation of Civil Code section, 1793.2 subdivision (B); (3) Violation of Civil Code section 1793.2, subdivision (A)(3); (4) Breach of the Implied Wa...

Excerpt: ...022, entitled Jennifer Montoya vs. FPR II, L.L.C., et al. (2) For all reasons discussed herein, plaintiff and defendant are ordered to jointly file or separately file and serve a Notice of Related Case on or before June 21, 2023, both in this matter, and in case number 23CV00298 filed with this court on January 25, 2023, entitled Juan Manso Gontez vs. Marborg Industries, et al. Background: On October 20, 2022, plaintiff Juan Manso Gontez filed a ...

Excerpt: ... Matthew Olufs TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Mikki Reilly and Fitness Transform, LLC, to strike portions of plaintiff's second amended complaint is denied. Defendants shall file and serve their answer to the second amended complaint on or before June 27, 2023. Background: As alleged in plaintiff's second amended complaint (SAC): Plaintiff Ann Fristoe, M.D., hired defendants Mikki Reilly and Fitness T...

Excerpt: ...seng, H. Daniel Burrows, Tseng & Associates TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Margaret O'Brien to deem matters admitted with respect to requests for admission directed to defendant Margarito Avila is denied. Background: This is an action arising out of a motor vehicle collision occurring on October 10, 2017. On August 29, 2019, plaintiff Margaret O'Brien filed the complaint in this action against defendan...

Excerpt: ...tiff shall file a first amended complaint, if any, on or before June 20, 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”). The complaint alleges that defendant has been renting premises located at 1515 Laguna Street, Unit 2, Santa Barbara, within the city limits of Santa Barbara, since Marc...

Excerpt: ...ot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald Wilmot (Plaintiff) and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, the Wilmots filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. Fo...

Excerpt: ...s with its original tentative ruling. TENTATIVE RULING: For the reasons set forth herein: (1) Plaintiffs Motion for Preliminary Injunction is Granted as follows: 1. Defendant is enjoined from initiating or pursuing any eviction proceedings against plaintiff, outside of the current litigation, until conclusion of this matter or further order of the court. 2. Plaintiff shall post bond of within 5 court days of the hearing and prov-de proof of same....

Excerpt: ...ark Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck to strike portions of plaintiff's first amended complaint is denied. (3) Defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck shall file and serve their answers to the first amended complaint on or before June 26, 2023. Background: As alleged in plaintiff's verified first amended complaint (FAC): Plaintiff Max Liskin, as trustee of the Max Liskin Tru...

Excerpt: ...int alleges that defendant has been renting premises located at 517 Wentworth Avenue, Unit C, Santa Barbara, within the city limits of Santa Barbara, since January 1, 2021, on a month-to- month basis, with monthly rent of $1,550.00. (Complaint, ¶¶ 3, 6.) The tenancy is subject to the Tenant Protection Act of 2019. (Id. at ¶ 7.) Defendant was served with a three-day notice to pay rent quit on March 31, 2023. (Id. at ¶ 9 & Exh. 2.) On May 15, 2...

Excerpt: ...efendant Santa Barbara Erudite Ventures and Plaintiff Cal Green Medical, LLC: Lawrence L Conlan, David L. Cousineau: Richard Lloyd: Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn: Elizabeth A _ O'Brien: Lynn & O'Brien: LLP For Cross-Defendants Clark Howell, LLP, and Ariel Clark: Patrick McCarthy: Linda Elias- Wheelock: Briana E....

Excerpt: ... Santa Barbara: Davina Pujari and Amber Holdemess TENTATIVE RULING: The demurrer to petitioner' s first amended petition for writ of mandate is overruled. Respondent shall file and semre an Answer to the first amended petition for Writ of Mandate no later than June 26, 2023 _ Background: Petitioner Joyce E. Dudley, Santa Barbara County District Attomey ('Dudley") filed her original petition for writ of mandate on December 22: 2022. On January 3, ...

Excerpt: ...5: 2023 MATTER: (1) Motion ofDefendant Heirloom Valley, LLC For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories And Imposing Reasonable Expenses Including Attorney: s Fees (2) Motion of Defendant Heirloom Valley: LLC For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Motion of Defendant Heirloom Valley, LLC For Order Co...

Excerpt: ...monetary, issue, and evidence sanctions, in part. The court awards sanctions in favor of Abatex: LLC: against defendant Ann Fox and her counsel in the amount of $1,989.25: payable to Abatex: LLC's counseL Payment of sanctions is due by July 6: 2023 _ Defendant Ann Fox shall serve verified funher responses to Abatex_ LLC's, set one form interrogatories and set one of requests for production of documents, uithout objections except as to privilege: ...

Excerpt: ... L Grodan; Morgan Lewis & Bockius LLP TENTATIVE RULING: The petition of The Ritz-Carlton to compel arbitration and stay judicial proceedings is granted Background: This action was commenced on January 20, 2023 by the filing of the complaint by plaintiff Jeff Cifuentes ("plaintiff) against defendant Ritz-Carlton Hotel Company, LLC ("defendant") for (1) Retaliation, (2) Failure to Provide Accurate Itemized Wage Statements: (3) Failure to Timely Fur...

Excerpt: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...

Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...

Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...

Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...

Excerpt: ...petition is denied in its entirety BACKGROUND: The Petition for Writ of Mandamus was filed by Petitioner John Doe (Doe) on May 11: 2022. Doe was at all times a tenured professor in his department at the University of Califomia at Santa Barbara (UCSB)_ The petition challenges the disciplinary action taken by the University of Califomia (University) based upon alleged violations by Doe ofthe Faculty Code of Conduct: in relation to a doctoral studen...

Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...

Excerpt: ...aintiff contends it provided goods, wares, and merchandise: pursuant to a written agreement: and on September 3: 2020: defendants defaulted by failing to pay. According to plaintiff defendants owe $112561.18. On March 8: 2023: Sweet Symphoney and Aissa filed a joint amended answer (which superseded the original joint answer filed on March 3 2023). Aissa is representing himself and Sweet Symphoney "in pro. per_,:: and there is no indication Aissa ...

Excerpt: ..., Cory T Baker: Reicker: Pfau: Pyle & McRoy LLP For Defendants and Cross-Complainants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbim Law TENTATIVE RULING: The demulTer of cross-defendant Edward St. George is sustained in part as to the third and fourth causes of action alleged in Adam Pirozzi and 4601 Via Carretas, LLC's: cross-complaint: with leave to amend. Cross-complainants shall file a first amended cross-complaint on or be...

Excerpt: ...y Counsel TENTATIVE RULING: The Motion of Defendant the County of Santa Barbara for summary judgment is denied Background: This case arises out of an incident that occurred on April 6: 2021 when plaintiff Joshua Rubow Ivas injured while riding his skateboard at the intersection of Del Playa Drive and Camino Lindo (the intersection) •which is located in Isla Vista: in the County of Santa Barbara: Califomia_ As alleged in the first amended compla...

Excerpt: ...ntiff s Motion For Leave To File Second Amended Complaint ATTORNEYS: For Plaintiff Christian P. Adamc Prado: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi: Aegis Law Firm: PC For Defendant Natural Pack, Inc. : Sue M. Bendavid: Nicholas Kanter, Chrystal Ferber, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: (1) the coun orders the parties to appear at the hearmg on plaintiff s motions to compel åurther respo...

Excerpt: ... 3 Costs in the amount of S 1,392 _ 10 are allowed for service of process; 4 Costs in the amount of S4,539.00 are allowed for court reporter fees; 5 Costs in the amount of 54,526.47 are allowed for models: enlargements, and 6 photocopies of exhibits; Costs in the amount of S52_ 10 are allowed for electronic filing fees; 7 8. No costs are allowed for hosting electronic documents _ (2) Huntsville Defendants: 1. Costs in the amount are allowed for f...

Excerpt: ...: 201 S: Gary Gordon: Trustee of the Edmond W _ Gordon Separate Property Trust: transfeffed title to real property located at 1790 Eucalyptus Hill Road, Santa Barbara, California (the property) to plaintiff and defendant as joint tenants. Plaintiff and defendant each hold an undivided one-half fee simple interest in the property. Pentagon Federal Credit Union is the owner of a $122522000 note secured by a deed of tmst on the Property. After the p...

Excerpt: ...atory no. 17 _ 1: for requests for admission nos. 1 through 15, 17 through 19, and 21 through 25 served on Luis E. Perez, without objections except as to privilege and m accordance with this ruling. (2) For all reasons discussed herein: the court grants the motion of defendant Partners Personnel- Management Sen-ices: LLC, to compel åurther interrogatory responses from plaintiff BaronHR West Inc. Plaintiff shall serve code compliant verified Hart...

Excerpt: ...on the pleadings and grants such motion as to the twelfth affirmative defense without leave to amend. Background: (1) Background F acts On June 30, 1977, an easement of record was created by a reservation from a Grant Deed from Montecito Country Club: a colpration: to William C. Alexander and Charles K. Schmidt: which was recorded in the real estate records reserving an easement ' 'for cart path and greens-keeper trucks purposes. " (the Recorded ...

Excerpt: ... paragraph: "Plaintiff is granted possession ofthe premises beginning on 1 2021 _ Defendant applying for or receiving rental assistance is independent and separate of plaintiff s right to possession." The court clerk will issue a writ of possessiom Plaintiff is to provide the coun with a corrected judgment: for signature, and a completed writ of possession that complies u.ith all statutory requirements Background: The action Ivas filed as an unla...

Excerpt: ... section 1013 _ Defendant shall also properly serve a copy of his answer to the complaint on plaintiffs counsel and notice of the court' s ruling hereim Background: This is an unlawftl detainer action filed by plaintiff Abdul Yahyavi against defendant Timothy Lee. As alleged in plaintiff s complaint filed in this matter on April 10: 2023 plaintiff is the landlord of premises læated at 212 Oceano Avenue Unit in Santa Barbara: California (the prem...

Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...

Excerpt: ...nt V entura Investment Co. : Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attomey' s general act is denied without prejudice. 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 smgle cause of action for violation of the Labor Code Private Attomeys General Act of...

Excerpt: ...fs' complaint is sustained without leave to amend. Defendant shall serve notice of this ruling at all known addresses for plaintiffs. Background: This is an unlawftl detainer action filed by plaintiffs Jennifer Lentini and Mark Lentini against defendant Andrea Gonzalez. As alleged in plaintiffs complaint filed on April 4: 2023 plaintiffs are the owner of premises located at 4723 Glenbrook Street in Goleta, California (the premises) (Complaint, 3 ...

Excerpt: ...Meadows entered into a written six-month residential lease on May 4, 2022: for the rental of a room located at 671 Arundel Road: Goleta: at S 1, 100.00 per month in rent. (Complaint: 6) However: this is contradicted by the lease that is attached to the complaint The lease shou•s that the term of the lease is one year. Marquis alleges that the tenancy is subject to the Tenant Protection Act of 2019. (Complaint: 7 On March 22, 2023, a Three-Day N...

Excerpt: ...imesberger in the amount of Background: As alleged in the cross-complaint (CC) of Daniel Preimesberger (Preimesberger) Preimesberger is an owner of: and resides at: real property located at 4647 Via Bendita: Santa Barbarm (CC, 6.) Cross-defendants Travis Logue and Lara Logue (collectively: the Logues) are owners of: and residents of, real property located at 4668 Via Bendita: Santa Barbara: which is adjacent to 4647 Via Bendita and the common int...

Excerpt: ...0. 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 actiom (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; (S) violation of title 42 Unit...

Excerpt: ... was commenced on June 22, 2022, by the filing of the complaint by plaintiff Joseph Rocco against City of Goleta, City of Santa Barbara: County of Santa Barbara C 'County"): and Califomia Department of Transportation. City of Santa Barbara and Califomia Department of Transportation were subsequently dismissecL The action now proceeds against County of Santa Barbara and City of Goleta. The complaint contains a single cause of action for premises l...

Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...

Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...

Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...

Excerpt: ...second: third: and fifteenth causes of action. It sustained the demulTer to the fourth (constructive fraud): fifth (intentional misrepresentation): sixth (fraud based on concealment): seventh (promissory fraud): and eighth (negligent misrepresentation): for failure to provide specific facts. It also sustained the demulTer to the eleventh cause of action for financial elder abuse, for its gravamen was predicated on the substance of the fraud cause...

Excerpt: ...Sol is an importer and distributor of alcohol beverages: including tequila manufactured by Compania Tequileras de Arandas S A. de C V _ (Arandas)_ This lawsuit stems from Casa Del Sol's alleged failure to pay plaintiff for two shipments of custom bottle closures sent to Arandas_ The matter before the coun is Casa Del Sol' s demulTer to the first amended complaint First, defendant claims the demulTer should be sustained based on misjoinder pursuan...

Excerpt: ...Film: P _ C. For Defendant Megan M. Thiessen: No appearance. TENTATIVE RULING: For the reasons set forth herein, plaintiff Cavalry SPV I, LLC as assignee of Citibank N _ A. s motion for entry ofjudgment pursuant to defendant' s default under settlement and release agreement is granted. The coun will sign the proposed judgment submitted by plaintiff. Background: This action was commenced on June 5 2019, by the filing of the complaint for account s...

Excerpt: ...ractic: Mark S. Ashworth, Carissa A. Ashworth-Johnson: Ashworth & Ashwofih, LLP (For other appearances see list) TENTATIVE RULING: For all reasons discussed herein: the motion of defendant John Craviotto, D_C_, dba Craviotto Family Chiropractic that settlement was made in good faith is granted. Background: This is a medical malpractice action that was filed on April 5, 2019, by plaintiffs Alexandro Filippini and Stephanie Filippim against over 30...

Excerpt: ...oss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel For Cross Complainant and Cross-Defendant James Davis dba Wade Davis Design: Paul R Bums For Cross Defendant James Davis dba Wade Davis Design: Rinat Klier-Er1ich TENTATIVE RULING: For the reasons set forth below: the Motion of James Davis dba Wade Davis Design for Attomey Fees is granted in part and denied in part. The coult awards attomey fees in favor of James Davis ...

Excerpt: ... (the Tom Bane Civil Rights Act or Bane Act); (2) battery; (3) sexual battery; (4) medical battery; and (5) intentional infliction of emotional distress against defendants Susanne Ramos and Dr. Susanne L. Ramos: M_D_: Inc. Plaintiff defines the term 'Defendant" as used in the complaint to mean Susanne Ramos (Dr. Ramos): who plaintiff alleges is an obstetrician and gynecologist. (See Complaint: 1 : 6.) As alleged in the complaint: aner plaintiff b...

Excerpt: ...sed. Background: Plaintiff Karen Dawn (Dawn) filed her original complaint on May 10, 2022, alleging one cause of action for intentional infliction of emotional distress against defendant Peter Singer (Singer) Singer demurred to the original complaint and on December 16: 2022: the demurrer was sustained with leave to amend. Dawn was given until January 27: 2023: to file her FAC. Dawn filed her FAC on January 27: 2023 The FAC. although formatted di...

Excerpt: .... Background: As explained in the court' s statement of decision (Statement of Decision), filed on January 27 2022: and attached to the judgment entered in this matter on October 10, 2022 (Judgment) 'This action arises out of an October S: 2016 automobile versus pedestrian accident wherein Defendant Berl Golomb ('Mr. Golomb') drove his Prius into the front entrance of Cross- Complainant TRADER JOE'S CONIPANY: -S ('Trader Joe's') store located in ...

Excerpt: ...sonable and grants final approval _ (2) The class representative incentive payment of $7 , 500 to individual plaintiff Rory Massey is reasonable and is approved. (3) Settlement administration costs of S8 500.00 is reasonable and is approved. In the alternative: plaintiff may elect to re-notice the class action settlement with the correct amount: as previously approved, of up to $10,500.00. In the event that plaintiffs do not elect to re-notice th...

Excerpt: ...bership Interest" (Petition) pursuant to Corporations Code section 17711.06. (Petition: p. 4.) In its Minute Order dated May 20, 2022, the coun noting that Corporations Code section 17711.06, subdivision (a): required the filing of a "complaint": ordered the hearing on the petition off calendar as premature. On May 23: 2022: Welsh filed his complaint in this matter against defendants Fiore Management: Inc. (Fiore) and Adrian Z Sedlin (Sedlin): st...

Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...

Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...

Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...

Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...

Excerpt: ...hat he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there _ On April 3, 2023, defendants moved to disqualify plaintiffs experts: Mary Jane Wilson and Ross Haberle: and counsel for misuse of confidential infonnation_ Wilson: an engineer: consulted for and confidential information from Union Oil in another toxic ton case involving oilfield contamination in the Santa Maria Valley....

Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...

Excerpt: ...as Exhibit 1 to the complaint), and secured by real property located in San Luis Obispo County. Steven Boneso (President of Boneso Brothers) signed the promissory note on behalf of Boneso Brothers. Concurrently with the promissory note defendant Robert Boneso signed a “Commercial Guaranty” (Guaranty), attached as Exhibit 2 to the operative pleading. Following Boneso Brothers' default, defendant and American Riviera Bank, on June 7, 2021, ente...

Excerpt: ...t State Farm Mutual Automobile Insurance Company: No appearance TENTATIVE RULING: The parties are ordered to appear at the hearing on April 17, 2023, at 10:00 a.m. The parties shall be prepared to discuss the status of this matter and, if appropriate, a continued hearing date and briefing schedule. In addition, for reasons discussed herein, on or before a date to be determined at the hearing, plaintiff is ordered to file and serve a corrected dec...

Excerpt: ...YS: For Plaintiff The People of the State of California: John T. Savrnoch, Morgan S. Lucas, District Attorney For Claimant 50 Fathoms, LLC: Joshua E. Lynn, Lynn & O'Brien, LLP TENTATIVE RULING: The motion of the People of the State of California to strike the claim opposing forfeiture of 50 Fathoms, LLC, is granted with leave to amend. Claimant 50 Fathoms, LLC, shall file and serve its amended claim opposing forfeiture on or before June 16, 2023....

Excerpt: ...P., erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso: John B. Larson, Michelle Moy, Larson & Gaston, LLP TENTATIVE RULING: The demurrer of defendants MHC NAC, L.P. and MHC Property Management, L.P., (erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso) to plaintiff's first amended complaint is overruled. Defendants shall file and serve...

Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...

Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...

Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...

Excerpt: ... the Song-Beverly Act; and (4) negligent repair _ Defendants filed ajoint answer On January 29, 2023 plaintiff filed a 'Notice of Settlement of Entire Case[,]" indicating a conditional settlement of S 140,000 "in exchange for surrender of the subject vehicle plus attomey 's fees: costs and expenses by motion," plaintiff deemed the prevailing party pursuant to Civil Code section 1794: subdivision(d)_ On March 10: 2023: plaintiffs counsel filed a r...

Excerpt: ...te Lands Commission: Rob Bonta: Brian D _ Wesley, Michael T _ Zarro: Robert R. Willis, Matthew C. Heyn_ Office of the Califomia Attomey General For Plaintiff Aspen American Insurance Company: David C. Veis: Laura P _ Nash: Clyde & co LLP For Defendants Plains Pipeline, L. P.. Plains All American Pipeline, LP., Plains GP Holdings, L.P., Plains APP, L.R. Plains All American GP LLP, PA GP LLC: Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny:...

Excerpt: ...Further Responses To Requests For Production Of Documents, Set One, And Request For Monetary Sanctions ATTORNEYS: For Plaintiffs Donna Marie Harker, Jeff Harker, and Kelsey Marie Barnard: Tionna Dolin: James L _ Carroll: 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 oven-ules defendant General Motors: LLC's, demurrer to pl...

Excerpt: ... 2023 plaintiff is the property manager of premises located at 2517 Modoc Road, 24, in Santa Barbara: Califomia (the premises). (Complaint: 3 _a, 4.) On July 31 : 2021: defendants entered into a written residential rental agreement (the agreement) with plaintiff for the premises. (ld at "16 _a, 6b, 6 .e & Exh 1_) Defendants agreed to rent the premises for one year and to pay monthly rent in the amount of $2,225 (ld. at (2)_) The tenancy is subjec...

Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...

Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...

Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...

Excerpt: ...dant Santa Barbara Unified School District: Harry Harrison, Nathan Berkeley: Tyson & Mendes Emails: No email for Taylor & Ring [email protected] [email protected] RULNG (l) As set forth herein, the motion of Defendant Justin Sell to compel further responses to form interrogatories from Plaintiff is granted in part and denied in part. Plaintiff shall serve verified further responses to form interrogatories Nos. 2.5, 2.6, 4.1, 6.4, 6.7...

Excerpt: ...tion for attorney fees is granted, in part, in accordance with this ruling. The Court awards Defendant attorney fees in the amount of $120,904.25. The clerk shall enter attorney fees on the judgment. Background This action was commenced by the filing of a complaint by Plaintiff Carp Property, LLC ("Carp"), on August 9: 2019. In its complaint: Plaintiff alleges that on March 15 , 2016, Rafi Tarakjian: the sole manager: member: and CEO of Carp: ent...

Excerpt: ...hi Evgenia Quaid and Randy Quaid: defendants and cross-complainants, are self-represented TENTATIVE RULING: The motion is granted in its entirety Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C Turicchi_ At that time, the complaint alleged a cause of action to quiet title in plaintiffs in property located at 1355 East Mountain Drive in Santa Barbara...

Excerpt: ...ses sanctions agamst plaintiffs counsel: John Kenneth Dorwin_ in the amount of 500, payable to the court. Payment of sanctions is due by April 27, 2023 Background: This matter is consolidated u.ith Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524: with this case designated as the lead case. On May 24: 2017 plaintiff Sharon Green filed her complaint in this action alleging two causes of action for negligence and ...

Excerpt: ...ndant John D. Kumpitsch: Self-Represented TENTATIVE RULING: The of defendant John D. Kumpitsch to set aside default is granted. Defendant shall file and serve his answer to plaintiff s complaint in the form submitted by defendant with the present motion. Defendant: s time to file and serve the answer shall be extended until five days after service upon him ofwritten notice of entry of the court' s order denying the motion, exclusive of extended t...

Excerpt: ... 3 _ The motion to compel fin-ther responses to form interrogatories 50.1 through 50.6 is denied. 4. Nabis shall serve åurther responses: objection: no later than April 14: 2023. 5 _ The request of HERBL for an award of monetary sanctions is granted in favor of HERBL and against Nabis and its counsel: Wilson: Elser, Moskowitz, Edelman & Dicker: LLP: jointly and severally, in the amount of SS 221 1 00: to be paid to counsel for HERBL on or before...

Excerpt: ...dresses and to file a proof of service of the notice on or before March 30, 2023 _ Except as othen.vise herein granted: plaintiff s motion is denied. Background: On March 29, 2021 plaintiff Bridger Claims Services, LLC, filed its complaint in this matter alleging that it had in effect an automobile insurance (the policy) with its insured Erika Vargas Roman. Plaintiff made payments under the policy for the repair of property and bodily Injury cost...

Excerpt: ...nagement ("Meridian") against defendants Guadalupe Zarate ('Zarate") and Roberto Zarate Cervantes aka Roberto Zarate related to an apartment at 450 Elluood Beach Unit 9: Goleta. The complaint is verified with the written lease: rent increase letters, a notice to vacate, and proof of service for the notice attached as exhibits The parties entered into the written month-to-month lease agreement on March 29: 2017 _ (Complaint: 6 & Exh 1.) The body o...

Excerpt: ...intiffs' first arnended complaint (FAC)- This action seeks a comprehensive adjudication pursuant to the Groundwater Adjudication Statute (Code Civ. Proc_: 830 et seq_) to determine all rights to extract groundwater in the Santa Clara River Valley — Oxnard Groundwater Subbasin and the Pleasant Valley Groundwater Subbasin (collectively: Basins). (FAC: 3: 41.) Plaintiffs each 01vn land overlying the Basins, and each grows commercial crops that are...

Excerpt: ...d, Cyrus Khosh-Chashm: KVT Law Group, LLP TENTATIVE RULING: Defendant' s motion to quash plaintiff s deposition notice is denied as moot. The Court alvards sanctions in favor of plaintiff and against defendant Foodbank of Santa Barbara County' s counsel of record: the K VT Law Group: in the amount of S 12125: payable to plaintiff s counsel. Payment of sanctions is due by April 20, 2023 _ Background: This is a wrongful tennination lawsuit brought ...

Excerpt: ...r: Timothy S _ McConn: Tracy N _ LeRoy: Wynn B McCloskey: Jane Ray: Audrey Hendricks: Luke A _ Schamel, Yetter Coleman LLP; Brian E. Klein: Melissa A _ Meister, Waymaker LL P For Defendants Plains Pipeline, LP., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains MP, L.P., Plains American GP LLC, and PA GP LLC (case No. 18CV02504): Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny: Robyn K. Bacon: Jeremy A. Lawrence, Colin ...

Excerpt: ...��' s Fees (2) Defendant Heirloom Valley: LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiffs Further Responses To Requests For Admission: Set One: And Request For Monetary Sanctions (4) Motion To Be Relieved As Counsel ATTORNEYS: For Plaintiff Jesse Zaragoza: Se...

Excerpt: ...ephen C. Pasarow, Karie E. Schroder, Knapp: Petersen & Clarke TENTATIVE RULING: For all reasons discussed herein: the coun denies, without prejudice: plaintiff s motion for a protective order and to quash defendants' deposition notice as moot Background: This action arises out of a motor vehicle collision that occurred at the intersection of Garden and Los Olivos Streets in Santa Barbara, California. As alleged in the complaint filed by plaintiff...

Excerpt: ...pt to incorporate the contents of the Memorandum of Points and Authorities into any åuture declaration. These are separate documents and should be treated accordingly. Counsel should download, read: and follow the recommendations stated in the Los Angeles County Superior Court Civil Department Checklist for Preliminary Approval of Class Action Settlements. This document outlines best practices to follow The court preliminarily appoints Mr. Reube...

Excerpt: ... when he encountered a dangerous and unsafe walkway on the property which was unguarded causing plaintiff to fall more than 25 feet resulting in severe and permanent injuries. (Complaint: 6, 7 _ ) At the time of his injury: plaintiff was employed by Legado Compames dba JDC Management Co. ("JDC")_ LSR owns a private 158-acre ranch and corporate retreat located at 2720 Painted Cave Road in Santa Barbara. (Litwin Dec.: 3.) JDC serves as the property...

Excerpt: ...st defendant Peter Kurrels: individually and dba The Engine Company Auto Repair for breach of contract and common counts. Lund alleges that Peter Kurrels failed to make monthly payments pursuant to a promissory note signed by the parties. Coult records reflect that the default of the named defendant was entered on December 1 2020. A court judgment by default against ' 'Peter KulTels dba The Engine Company Auto Repair" in the amount of was filed o...

Excerpt: ...a proposed order that conforms to the court: s ruling herein. Background: The c#rative pleading in this matter is the first amended complaint (FAC) filed on October 27 2022, by plaintiffs Brian Willis: Maeve Willis: and minors Enzo Willis and Mia Willis by and through their guardian ad litem_ As alleged in the FAC: on May 1 : 201 S: plaintiffs were stopped in their vehicle on US. Highway 101 at the Nojoqui grade in the County of Santa Barbara whe...

Excerpt: ...r to reflect plaintiff s true name. Background: This is a whistleblower retaliation and wronghal termination action. Plaintiff filed her complaint on December 4: 2020, under the pseudonym Jane Doe "in order to protect her legitimate privacy rights" and because she is "fearful of åurther retaliation by Defendants and others in the local medical community if her tme identity is revealed publicly in connection with this lawsuit" (Complaint: _ ) The...

Excerpt: ...lden State Papayas, LLC and Damien Raquinio, to Plaintiffs' complaint is sustained, with leave to amend, as to Defendant Damien Raquinio. (2) To the extent that Defendants demur to the complaint as it applies to Golden State Papayas, LLC, the demurrer is overruled. (3) Defendants Golden State Papayas, LLC and Damien Raquinio's motion to strike is denied. (4) Plaintiffs shall file and serve their first amended complaint no later than April 5, 2023...

Excerpt: ...complaint is overruled. Defendant shall file and serve its answer to Plaintiff's complaint on or before March 27, 2023. Trial Date of 1/31/24, MSC Date of 1/12/24, the next CMC Date of 5/17/23 [to allow time for Jose Gomez and Adrian Doe to be served] and Final CMC Date of 12/6/23 are all confirmed. Background Plaintiff Rosario Duran filed her complaint in this matter on October 14, 2022, alleging three causes of action titled general negligence ...

Excerpt: ...aine Spath, Renee Spath, Rita Marinello, and Walnut Park Associates: Barry J. Reagan, Guillermo E. Partida, Slaughter, Reagan & Cole, LLP TENTATIVE RULING: The court grants defendants' motion. The court corrects nunc pro tunc the Minute Order dated November 7, 2022, in accordance with this ruling. Further, the court vacates the “Order on Plaintiffs' Motion For Protective Order” entered and filed on November 23, 2022, and orders the “Notice ...

Excerpt: ...r summary adjudication is denied in its entirety. Background: (1) Allegations of Plaintiffs' Complaint As alleged in the complaint: Plaintiffs Richard Weger (Weger) and Kathleen Dagg (Dagg), as trustees of the Weger/Dagg Family Trust dated October 5, 1996, are owners of real property located at 1429 Olive Street, Santa Barbara (Plaintiffs' Property). (Complaint, ¶ 5.) Defendant Mary Alice Medina (Medina) is the owner of real property adjacent to...

Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...

Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...

Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...

Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...