Preview
Taylor Ernst/ Christopher Edgington SBN: 277901/169682
ERNST LAW GROUP
1020 Palm St.
San Luis Obispo CA 93401
(805) 541-0300 (805) 541-5168
te@ernstlawgroup.com; ce@ernstlawgroup.com
Plaintiff, Enriqueta Garcia
SANTA BARBARA
1100 Anacapa Street
1100 Anacapa Street
Santa Barbara, 93121
Anacapa Division
Enriqueta Garcia
Michael Barnick, Sujittra Barnick, et al.
X 23CV00450
May 2, 2034 8:30 a.m. 3
X Taylor Ernst/Christopher Edgington
X Plaintiff, Enriqueta Garcia
February 14, 2023
X
X
Complaint for personal injuries from a dog attack, alleging general negligence, premises liability, and strict
liability (Civil Code §3342) causes of action.
Enriqueta Garcia
Michael Barnick, Sujittra Barnick, et al. 23CV00450
See attachment 4 (4.b.)
X
X July 10, 2024
See attachment 6.c.
X 7-12 Court days
X
X
X
Enriqueta Garcia
Michael Barnick, Sujittra Barnick, et al. 23CV00450
X
X Dec. 6, 2023
X
X
Enriqueta Garcia
Michael Barnick, Sujittra Barnick, et al. 23CV00450
X
Defendant’s motion to strike the punitive damage allegations and prayer in the Second Amended Complaint
was filed April 9, 2024, set for hearing on May 22, 2024. Plaintiff will oppose the motion.
X
Plaintiff Initial written discovery and follow-up Completed
Plaintiff Property Inspection Completed
Plaintiff Remaining fact depositions March to April 2024
Plaintiff Expert discovery Per Code
X
Defendants have been unwilling or unable to produce for deposition and have failed to
provide contact information sufficient to permit service of a deposition subpoena for several witnesses who were
present at the incident and were business associates of Defendant Michael Barnick, (Tim Lubes, Michael Wohlert,
Joeran Kinzel). Plaintiff reserved the right to seek to exclude trial testimony by these business associate witnesses if
they cannot be deposed.
Enriqueta Garcia
Michael Barnick, Sujittra Barnick, et al. 23CV00450
X
2
April 16, 2024
Taylor Ernst Taylor Ernst
Garcia v. Barnick, et al.
23CV00450
4.b.
On or about October 15, 2021, Ms. Garcia was walking in Hope Ranch in the County of Santa Barbara, in
the public area adjacent to 4321 Marina Drive, Goleta, California when she was attacked by an
unrestrained, highly aggressive, large (150 pound) Tibetan Mastiff. The dog was owned by defendants, who
own and reside at the home located at 4321 Marina Drive. The attack occurred on a public street without
any provocation whatsoever. The dog was determined to be a “vicious” animal by County Animal Services
and destroyed. Defendants knew that the dog was aggressive and had previously attacked and bitten other
humans and animals but failed to take any measures to train or restrain the animal.
Ms. Garcia sustained severe physical, mental, and emotional injuries, including pain, disfigurement, and
mental anguish. She suffered dog bites, multiple puncture wounds, and severe bruising and inflammation,
including on her forearm, abdomen, and buttocks. She has endured great physical pain and has permanent
scarring. Her bite wounds required hospitalization and weeks of wound care. Her injuries further triggered
and aggravated existing medical co-morbidities, leading to a comprehensive health failure impacting
multiple organ systems. She has required significant medical care, wound care, infection care, and related
medical treatment to the dog bite injuries and the aggravation and triggering of medical co-morbidities,
including several further hospitalizations.
1 1
Garcia v. Barnick, et al.
Santa Barbara Superior Court, Case No. 23CV00450
Attachments to Plaintiff’s Case Management Statement
Attachment 6
6.c: Ernst Law Group Trial Calendar 2024 - 2025
5-10-24 Garcia v. Barnick
3-22-24 MSC - SB D-5
6-3-24 Clayton v. JR Simplot Co.
4-6-24 MSC - Kings County, D-2
6-4-24 thru Alderete v. Quinn Rental
6-25-24 Trial - PASO D-2
7-10-24 thru Garcia v. Barnick
7-31-24 Trial - SB D-5
7-29-24 Mena v. Khaira Transport
4-30-24 FSC - LA (Spring Street)
8-12-24 thru Mena v. Khaira Transport
8-30-24 Trial - LA (Spring Street)
8-19-24 Flores v. Cleanstreet, LLC
5-26-24 TRC - Santa Maria D-2
8-19-24 thru Little v. Laddi Truck Lines
9-7-24 Trial - Fresno D-503
8-20-24 thru Scott v. Lowe's Home Center
9-10-24 Trial - PASO D-2
9-9-24 thru Grey v. Horizon Oxygen & Medical Equip
9-30-24 Trial - Orange/Central Justice Center Dept N-6
9-9-24 thru Clayton v. JR Simplot Co.
9-30-24 Trial - Kings County, D-2
9-16-24 thru Flores v. Cleanstreet, LLC
9-30-24 Trial - Santa Maria D-2
10-21-24 thru Cortes v. Camprendy, Inc.
11-8-24 Trial - Alameda County D-518
12-3-24 thru Karp v. Ayers
12-20-24 Trial - SLO Judge Baltodano
1-6-25 thru Diaz v. Unlimited Technologies
1-15-25 Trial - Fresno D-503
2-4-25 thru Palla Farms
2-22-25 Trial - Fresno
3-17-25 thru Nuckles v. Wu
3-30-25 Trial - LA (Spring St) D-31
4-14-25 thru Moler v. RJ Noble Co.
Trial - Orange County D-C18
Page 1 of 1
1 PROOF OF SERVICE
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3 STATE OF CALIFORNIA )
) ss.
4 COUNTY OF SAN LUIS OBISPO )
5
6 I am a resident of the County aforesaid; I am over the age of eighteen years and not a party
7 to the within entitled action; my business address is 1020 Palm Street, San Luis Obispo, CA
8 93401.
9
10 On April 16, 2024, I served the foregoing CASE MANAGEMENT STATEMENT on the
11 interested parties in said action, by placing: [ ] the original, [X] placing a true copy thereof
12 enclosed as follows:
13
14
SEE ATTACHED SERVICE LIST
15
16 [X] BY ELECTRONIC MAIL SERVICE, ONLY: I caused the above-described document(s) to
17 be sent by electronic mail and .pdf attachment(s), addressed to the persons on whom it is to be
served, at the email addresses shown on the attached Service List.
18
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I declare under penalty of perjury under the laws of the State of California that the
20
foregoing is true and correct.
21
Dated: April 16, 2024 /s/ Suzanne Talbot
22
Suzanne Talbot
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PROOF OF SERVICE
1 SERVICE LIST
2 Christopher J. Beeman, Esq., SBN 121194 Attorneys for Defendants, MICHAEL
3 Andrew K. Murphy, Esq.: SBN 258102 BARNICK and SUJITTRA BARNICK
Zachery A. Ross, Esq.: SBN 294070
4 CLAPP, MORONEY, VUCINICH, BEEMAN
+SCHELEY
5
5860 Owens Drive, Suite 410
6 Pleasanton, California 94588
Telephone: (925) 734-0990
7 Facsimile: (925) 734-0888
Email: cbeeman@clappmoroney.com
8
amurphy@clappmoroney.com
9 zross@clappmoroney.com
tmorales@clappmoroney.com
10 jcordero@clappmoroney.com
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PROOF OF SERVICE
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Taylor Ernst/ Christopher Edgington SBN: 277901/169682 ERNST LAW GROUP 1020 Palm St. San Luis Obispo CA 93401 (805) 541-0300 (805) 541-5168 te@ernstlawgroup.com; ce@ernstlawgroup.com Plaintiff, Enriqueta Garcia SANTA BARBARA 1100 Anacapa Street 1100 Anacapa Street Santa Barbara, 93121 Anacapa Division Enriqueta Garcia Michael Barnick, Sujittra Barnick, et al. X 23CV00450 May 2, 2034 8:30 a.m. 3 X Taylor Ernst/Christopher Edgington X Plaintiff, Enriqueta Garcia February 14, 2023 X X Complaint for personal injuries from a dog attack, alleging general negligence, premises liability, and strict liability (Civil Code §3342) causes of action. Enriqueta Garcia Michael Barnick, Sujittra Barnick, et al. 23CV00450 See attachment 4 (4.b.) X X July 10, 2024 See attachment 6.c. X 7-12 Court days X X X Enriqueta Garcia Michael Barnick, Sujittra Barnick, et al. 23CV00450 X X Dec. 6, 2023 X X Enriqueta Garcia Michael Barnick, Sujittra Barnick, et al. 23CV00450 X Defendant’s motion to strike the punitive damage allegations and prayer in the Second Amended Complaint was filed April 9, 2024, set for hearing on May 22, 2024. Plaintiff will oppose the motion. X Plaintiff Initial written discovery and follow-up Completed Plaintiff Property Inspection Completed Plaintiff Remaining fact depositions March to April 2024 Plaintiff Expert discovery Per Code X Defendants have been unwilling or unable to produce for deposition and have failed to provide contact information sufficient to permit service of a deposition subpoena for several witnesses who were present at the incident and were business associates of Defendant Michael Barnick, (Tim Lubes, Michael Wohlert, Joeran Kinzel). Plaintiff reserved the right to seek to exclude trial testimony by these business associate witnesses if they cannot be deposed. Enriqueta Garcia Michael Barnick, Sujittra Barnick, et al. 23CV00450 X 2 April 16, 2024 Taylor Ernst Taylor Ernst Garcia v. Barnick, et al. 23CV00450 4.b. On or about October 15, 2021, Ms. Garcia was walking in Hope Ranch in the County of Santa Barbara, in the public area adjacent to 4321 Marina Drive, Goleta, California when she was attacked by an unrestrained, highly aggressive, large (150 pound) Tibetan Mastiff. The dog was owned by defendants, who own and reside at the home located at 4321 Marina Drive. The attack occurred on a public street without any provocation whatsoever. The dog was determined to be a “vicious” animal by County Animal Services and destroyed. Defendants knew that the dog was aggressive and had previously attacked and bitten other humans and animals but failed to take any measures to train or restrain the animal. Ms. Garcia sustained severe physical, mental, and emotional injuries, including pain, disfigurement, and mental anguish. She suffered dog bites, multiple puncture wounds, and severe bruising and inflammation, including on her forearm, abdomen, and buttocks. She has endured great physical pain and has permanent scarring. Her bite wounds required hospitalization and weeks of wound care. Her injuries further triggered and aggravated existing medical co-morbidities, leading to a comprehensive health failure impacting multiple organ systems. She has required significant medical care, wound care, infection care, and related medical treatment to the dog bite injuries and the aggravation and triggering of medical co-morbidities, including several further hospitalizations. 1 1 Garcia v. Barnick, et al. Santa Barbara Superior Court, Case No. 23CV00450 Attachments to Plaintiff’s Case Management Statement Attachment 6 6.c: Ernst Law Group Trial Calendar 2024 - 2025 5-10-24 Garcia v. Barnick 3-22-24 MSC - SB D-5 6-3-24 Clayton v. JR Simplot Co. 4-6-24 MSC - Kings County, D-2 6-4-24 thru Alderete v. Quinn Rental 6-25-24 Trial - PASO D-2 7-10-24 thru Garcia v. Barnick 7-31-24 Trial - SB D-5 7-29-24 Mena v. Khaira Transport 4-30-24 FSC - LA (Spring Street) 8-12-24 thru Mena v. Khaira Transport 8-30-24 Trial - LA (Spring Street) 8-19-24 Flores v. Cleanstreet, LLC 5-26-24 TRC - Santa Maria D-2 8-19-24 thru Little v. Laddi Truck Lines 9-7-24 Trial - Fresno D-503 8-20-24 thru Scott v. Lowe's Home Center 9-10-24 Trial - PASO D-2 9-9-24 thru Grey v. Horizon Oxygen & Medical Equip 9-30-24 Trial - Orange/Central Justice Center Dept N-6 9-9-24 thru Clayton v. JR Simplot Co. 9-30-24 Trial - Kings County, D-2 9-16-24 thru Flores v. Cleanstreet, LLC 9-30-24 Trial - Santa Maria D-2 10-21-24 thru Cortes v. Camprendy, Inc. 11-8-24 Trial - Alameda County D-518 12-3-24 thru Karp v. Ayers 12-20-24 Trial - SLO Judge Baltodano 1-6-25 thru Diaz v. Unlimited Technologies 1-15-25 Trial - Fresno D-503 2-4-25 thru Palla Farms 2-22-25 Trial - Fresno 3-17-25 thru Nuckles v. Wu 3-30-25 Trial - LA (Spring St) D-31 4-14-25 thru Moler v. RJ Noble Co. Trial - Orange County D-C18 Page 1 of 1 1 PROOF OF SERVICE 2 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF SAN LUIS OBISPO ) 5 6 I am a resident of the County aforesaid; I am over the age of eighteen years and not a party 7 to the within entitled action; my business address is 1020 Palm Street, San Luis Obispo, CA 8 93401. 9 10 On April 16, 2024, I served the foregoing CASE MANAGEMENT STATEMENT on the 11 interested parties in said action, by placing: [ ] the original, [X] placing a true copy thereof 12 enclosed as follows: 13 14 SEE ATTACHED SERVICE LIST 15 16 [X] BY ELECTRONIC MAIL SERVICE, ONLY: I caused the above-described document(s) to 17 be sent by electronic mail and .pdf attachment(s), addressed to the persons on whom it is to be served, at the email addresses shown on the attached Service List. 18 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Dated: April 16, 2024 /s/ Suzanne Talbot 22 Suzanne Talbot 23 24 25 26 27 28 1 PROOF OF SERVICE 1 SERVICE LIST 2 Christopher J. Beeman, Esq., SBN 121194 Attorneys for Defendants, MICHAEL 3 Andrew K. Murphy, Esq.: SBN 258102 BARNICK and SUJITTRA BARNICK Zachery A. Ross, Esq.: SBN 294070 4 CLAPP, MORONEY, VUCINICH, BEEMAN +SCHELEY 5 5860 Owens Drive, Suite 410 6 Pleasanton, California 94588 Telephone: (925) 734-0990 7 Facsimile: (925) 734-0888 Email: cbeeman@clappmoroney.com 8 amurphy@clappmoroney.com 9 zross@clappmoroney.com tmorales@clappmoroney.com 10 jcordero@clappmoroney.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE