The Honorable Barry T. LaBarbera

San Luis Obispo Superior Court, Department retired

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Biography

The Hon. Barry T. LaBarbera (Ret.) served as a judge for the Superior Court of San Luis Obispo County in California. He was appointed to the bench by former Governor Pete Wilson in 1998.

LaBarbera earned a B.A. from The Ohio State University in 1967. He then completed a J.D. from the University of San Diego School of Law in 1970.

Prior to his appointment to the bench, LaBarbera served as a deputy district attorney in the Office of the District Attorney of San Luis Obispo County for twelve years. He has also served as a deputy district attorney for the Office of the District Attorney of Orange County as well as a trial attorney for the California State Bar.

Recent Rulings by Hon. Barry T. LaBarbera

  • CITY OF PISMO BEACH V. PACIFIC HARBOR HOMES, ET AL.

    Jan 03, 2019 |  San Luis Obispo County

    Regarding an award of attorney’s fees in litigation, California generally follows what is referred to as the “American Rule,” which provides that each party to a lawsuit must ordinarily pay his or her own attorney’s fees. The American Rule is codified in Code of Civil Procedure section 1021, which provides...

  • CAROLYN DAVIS V. U.S. BANKS, NA, ET AL

    Jan 03, 2019 |  San Luis Obispo County

    Plaintiff Carolyn Davis (“Davis”) filed this action on August 2, 2018. Davis’ complaint alleged five causes of action for (1) wrongful foreclosure and request to set aside sales, (2) cancellation of instruments, (3) violation of California Business and Professions Code section 17200, et seq., (4) fraud, an...

  • GLENN GREGO V. PETER KAUS

    Jan 03, 2019 |  San Luis Obispo County

    Glenn Grego as guardian ad litem for Anastasia Grego (“Plaintiff”) filed this lawsuit against Peter Kaus (“Defendant”), on October 6, 2017, asserting motor vehicle and negligence causes of action. The lawsuit centers around a motor vehicle accident near the intersection of Highway 1 and Foothill Boulevard ...

  • VERONICA AND CESAR MERCADO V. JOSHUA WILKINS

    Jan 03, 2019 |  San Luis Obispo County

    Plaintiffs Veronica Mercado and Cesar Mercado (collectively “Plaintiffs”) filed this personal injury action against Defendants Cardinale Protective Service, Inc. dba Coast BMW and Joshua Wilkins (collectively “Defendants”), on April 12, 2017. This action arises out of a motor vehicle accident that occurred...

  • CUNNINGHAM V. SAN LUIS OBISPO REGIONAL TRANSPORTATION AUTHORITY

    Jan 03, 2019 |  San Luis Obispo County

    On August 14, 2018, Donald Cunningham (“Plaintiff”) filed this personal injury action against the San Luis Obispo Regional Transportation Authority (“Defendant”). The dispute concerns an accident which occurred on September 27, 2016, while Plaintiff was a passenger on one of Defendant’s buses. According to...

  • TIMOTHY MINER V. ANTHONY STEVENS AND TERESA REMPE

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Timothy Miner (“Plaintiff”) filed a complaint for unlawful detainer against defendants Anthony Stevens and Teresa Rempe (“Defendants”) on October 23, 2018. Plaintiff alleges that he is the master tenant, and that on April 7, 2018, Defendants made an oral agreement with Plaintiff to rent certain p...

  • FORD MOTOR CREDIT COMPANY V. AMBER RIVERA

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Ford Motor Credit Company (“Plaintiff”) has an outstanding judgment against defendant Amber Rivera (“Defendant”). The judgment was renewed in 2013. On September 6, 2018, a Writ of Execution directed to the Sheriff of the County of Sacramento was issued in the amount of $42,769.97.
    Plaintiff ...

  • ROBERT WISBERG, ET AL. V. ANDREA GARDNER, ET AL.

    Dec 27, 2018 |  San Luis Obispo County

    On November 9, 2018, Robert Wisberg and Susan Wisberg (Plaintiffs) filed an unlawful detainer complaint against Andrea Gardner and Philip Gardner, individually and doing business as Timeless Treasures Home Consignment (Defendants). Plaintiffs seek to recover possession of the premises located at 4554 Broad...

  • KAREN VELIE V. DAVID S. VOGEL, BERNDT INGO BRAUER

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Karen Velie (“Plaintiff”) filed this legal malpractice action against her former attorneys David S. Vogel, Esq. (“Vogel”) and Berndt Ingo Brauer, Esq. (“Brauer”) (collectively “Defendants”) on March 22, 2016. At the time Plaintiff filed the complaint, she was self- represented.
    On July 16, 2...

  • ACTION PROFESSIONALS, INC. V. JOHN MARCHETTI AND MONICA MARCHETTI

    Dec 27, 2018 |  San Luis Obispo County

    On April 30, 2015, plaintiff Action Professionals, Inc. (“Plaintiff”) obtained a default judgment against defendants Monica Marchetti (“Monica”)1 and John Marchetti (collectively “Defendants”) in the total amount of $6901.11. On June 13, 2018, a writ of execution was issued against Defendants in the total ...

  • COVELOP HOLDINGS LLC, ET AL. V. SAN LUIS BAY ESTATES HOMEOWNERS ASSOCIATION

    Dec 20, 2018 |  San Luis Obispo County

    Background/Procedural History.
    This is a dispute over parking spaces at the property commonly known as Avila Village.
    On March 28, 2018, Avila Village II LLC, Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990, Once Upon a Time L.P., Lexington Real Property Partners L...

  • COUNTY OF SAN LUIS OBISPO V. GOTHAM BAIL BONDS, INC.

    Dec 20, 2018 |  San Luis Obispo County

    Brittany Bagley (“Defendant”) was arrested in San Luis Obispo County and Lexington National Insurance Company (“LNIC”) posted bond for Defendant’s release. Following release on bail, Defendant failed to appear on March 15, 2018, the bond was ordered forfeited,1 and a warrant was issued for Defendant’s arre...

  • THE TRIBUNE V. LUCIA MAR UNIFIED SCHOOL DISTRICT

    Dec 20, 2018 |  San Luis Obispo County

    This action concerns requests made by The Tribune under the Public Records Act (Gov. Code, § 6250, et seq.; the “PRA”) to the Lucia Mar Unified School District (the “District”).
    I. BACKGROUND
    A. The Tribune’s First PRA Request
    On October 26, 2017, The Tribune made the following public record...

  • WYLMINA HETTINGA V. DAWNA DAVIS, THERESA LOUMENA

    Dec 20, 2018 |  San Luis Obispo County

    Plaintiff Wylmina Hettinga (“Plaintiff”) filed this action on June 13, 2017, against Defendants Theresa Loumena (“Loumena”) and Dawna Davis (“Davis”). Loumena is Defendant’s daughter. Because Plaintiff has been determined to be a vexatious litigant, and because she is self- represented in this matter, she ...

  • DIANE HELBERT V. DEREK LAURITZEN

    Dec 18, 2018 |  San Luis Obispo County

    Diane M. Helbert, Trustee of the Slender Rock 320 Trust dated 9-17-2018 (Plaintiff) brings this motion for summary judgment in an unlawful detainer action against Derek B. Lauritzen (Defendant).
    Plaintiff alleges that on September 17, 2018, via a Trustee’s Sale, she became the owner of certain real pr...

  • IN RE: SCHOTT FAMILY TRUST

    Dec 14, 2018 |  San Luis Obispo County

    The Court issued a ruling on the Petition to Remove Trustee on October 9, 2018. At the hearing, prior to the final ruling, the Court ordered additional briefing for this hearing date regarding the following issues: (1) approval of the Petition for Settlement of Account and Report of the Trustee, as supplem...

  • BAY AREA/DIABLO PETROLEUM CO. DBA GOLDEN GATE PETROLEUM V. COUNTY OF SAN LUIS OBISPO, ()

    Dec 13, 2018 |  San Luis Obispo County

    Factual Background1.
    The Certified United Program Agency (“CUPA”) for San Luis Obispo County (“County”) is the county agency responsible for enforcing five hazardous waste and hazardous materials regulatory programs, including the underground storage tank (“UST”) program discussed herein. Aaron LaBarr...

  • RUTHJEAN KENNEDY V. DIANA GARRETT, ET AL.

    Dec 13, 2018 |  San Luis Obispo County

    Background.
    On August 15, 2016, Ruthjean Kennedy and Eucasia Schools World Wide, Inc. (“Plaintiffs”) filed a verified complaint against Diana Garrett, Mary Rowlands, and Central Coast International Schools, Inc. (“Central Coast”). Relevant to this motion, Plaintiffs assert causes of action against Ms....

  • AVILA VILLAGE II LLC V. SAN LUIS BAY ESTATES HOMEOWNERS ASSOCIATION

    Dec 13, 2018 |  San Luis Obispo County

    (2) Motion for Writ of Mandate and/or Prohibition
    (3) Motion to Intervene
    Background/Procedural History.
    This is a dispute over parking spaces at the property commonly known as Avila Village.
    On March 28, 2018, Avila Village II LLC, Robin L. Rossi, Trustee of the Robin L. Rossi Living T...

  • PACIFIC WESTERN BANK V. ROBERT W. TAKKEN, LINDA H. TAKKEN

    Dec 13, 2018 |  San Luis Obispo County

    Plaintiff Pacific Western Bank (“PWB”) brings this action against Robert Takken (“Robert”) and Linda Takken (“Linda”)1 (collectively “Defendants”) for breach of personal guarantees and unjust enrichment related to a promissory note signed by Takken Development Company, Inc. (TDCI) (the “Note”). At several ...

  • DIANE HELBERT V. DEREK LAURITZEN

    Dec 13, 2018 |  San Luis Obispo County

    Diane M. Helbert, Trustee of the Slender Rock 320 Trust dated 9-17-2018, (Plaintiff) brings this motion for summary judgment in an unlawful detainer action against Derek B. Lauritzen (Defendant). Defendant may oppose the motion orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No...

  • ARLEEN FLORES V. WALGREENS, CO.

    Dec 13, 2018 |  San Luis Obispo County

    Arleen and Rogelio Flores (“Plaintiffs”) filed this personal injury and premises liability action against Walgreens Company (“Defendant”) on September 15, 2017. Defendant answered the complaint on November 9, 2017.
    Defendant now seeks to leave of court to file a first amended answer to assert an addit...

  • JULIE STAHL V. ALEXANDER GONZALES

    Dec 06, 2018 |  San Luis Obispo County

    (consolidated with 15CV-0322)
    Hearing: Motion for Summary Adjudication
    I. BACKGROUND
    This action arises out of the death of Jackson Garland (“Garland”) in an automobile accident caused by Defendant Alexander Gonzales (“Gonzales”) on June 18, 2014.
    At the time of the accident, Gonzales w...

  • AMERICAN EXPRESS NATIONAL BANK V. MARK CICCONE

    Dec 06, 2018 |  San Luis Obispo County

    On May 3, 2018, American Express National Bank (Plaintiff) filed this action for common counts against Mark Ciccone (Defendant). Defendant answered the complaint on June 14, 2018. The basis of the complaint is an unpaid credit card balance in the amount of $7,725.31.
    Plaintiff now seeks summary judgme...

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Recent Rulings by Hon. Barry T. LaBarbera

  • CITY OF PISMO BEACH V. PACIFIC HARBOR HOMES, ET AL.

    Jan 03, 2019 |  San Luis Obispo County

    Regarding an award of attorney’s fees in litigation, California generally follows what is referred to as the “American Rule,” which provides that each party to a lawsuit must ordinarily pay his or her own attorney’s fees. The American Rule is codified in Code of Civil Procedure section 1021, which provides...

  • CAROLYN DAVIS V. U.S. BANKS, NA, ET AL

    Jan 03, 2019 |  San Luis Obispo County

    Plaintiff Carolyn Davis (“Davis”) filed this action on August 2, 2018. Davis’ complaint alleged five causes of action for (1) wrongful foreclosure and request to set aside sales, (2) cancellation of instruments, (3) violation of California Business and Professions Code section 17200, et seq., (4) fraud, an...

  • GLENN GREGO V. PETER KAUS

    Jan 03, 2019 |  San Luis Obispo County

    Glenn Grego as guardian ad litem for Anastasia Grego (“Plaintiff”) filed this lawsuit against Peter Kaus (“Defendant”), on October 6, 2017, asserting motor vehicle and negligence causes of action. The lawsuit centers around a motor vehicle accident near the intersection of Highway 1 and Foothill Boulevard ...

  • VERONICA AND CESAR MERCADO V. JOSHUA WILKINS

    Jan 03, 2019 |  San Luis Obispo County

    Plaintiffs Veronica Mercado and Cesar Mercado (collectively “Plaintiffs”) filed this personal injury action against Defendants Cardinale Protective Service, Inc. dba Coast BMW and Joshua Wilkins (collectively “Defendants”), on April 12, 2017. This action arises out of a motor vehicle accident that occurred...

  • CUNNINGHAM V. SAN LUIS OBISPO REGIONAL TRANSPORTATION AUTHORITY

    Jan 03, 2019 |  San Luis Obispo County

    On August 14, 2018, Donald Cunningham (“Plaintiff”) filed this personal injury action against the San Luis Obispo Regional Transportation Authority (“Defendant”). The dispute concerns an accident which occurred on September 27, 2016, while Plaintiff was a passenger on one of Defendant’s buses. According to...

  • TIMOTHY MINER V. ANTHONY STEVENS AND TERESA REMPE

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Timothy Miner (“Plaintiff”) filed a complaint for unlawful detainer against defendants Anthony Stevens and Teresa Rempe (“Defendants”) on October 23, 2018. Plaintiff alleges that he is the master tenant, and that on April 7, 2018, Defendants made an oral agreement with Plaintiff to rent certain p...

  • FORD MOTOR CREDIT COMPANY V. AMBER RIVERA

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Ford Motor Credit Company (“Plaintiff”) has an outstanding judgment against defendant Amber Rivera (“Defendant”). The judgment was renewed in 2013. On September 6, 2018, a Writ of Execution directed to the Sheriff of the County of Sacramento was issued in the amount of $42,769.97.
    Plaintiff ...

  • ROBERT WISBERG, ET AL. V. ANDREA GARDNER, ET AL.

    Dec 27, 2018 |  San Luis Obispo County

    On November 9, 2018, Robert Wisberg and Susan Wisberg (Plaintiffs) filed an unlawful detainer complaint against Andrea Gardner and Philip Gardner, individually and doing business as Timeless Treasures Home Consignment (Defendants). Plaintiffs seek to recover possession of the premises located at 4554 Broad...

  • KAREN VELIE V. DAVID S. VOGEL, BERNDT INGO BRAUER

    Dec 27, 2018 |  San Luis Obispo County

    Plaintiff Karen Velie (“Plaintiff”) filed this legal malpractice action against her former attorneys David S. Vogel, Esq. (“Vogel”) and Berndt Ingo Brauer, Esq. (“Brauer”) (collectively “Defendants”) on March 22, 2016. At the time Plaintiff filed the complaint, she was self- represented.
    On July 16, 2...

  • ACTION PROFESSIONALS, INC. V. JOHN MARCHETTI AND MONICA MARCHETTI

    Dec 27, 2018 |  San Luis Obispo County

    On April 30, 2015, plaintiff Action Professionals, Inc. (“Plaintiff”) obtained a default judgment against defendants Monica Marchetti (“Monica”)1 and John Marchetti (collectively “Defendants”) in the total amount of $6901.11. On June 13, 2018, a writ of execution was issued against Defendants in the total ...

  • COVELOP HOLDINGS LLC, ET AL. V. SAN LUIS BAY ESTATES HOMEOWNERS ASSOCIATION

    Dec 20, 2018 |  San Luis Obispo County

    Background/Procedural History.
    This is a dispute over parking spaces at the property commonly known as Avila Village.
    On March 28, 2018, Avila Village II LLC, Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust UTD October 19, 1990, Once Upon a Time L.P., Lexington Real Property Partners L...

  • COUNTY OF SAN LUIS OBISPO V. GOTHAM BAIL BONDS, INC.

    Dec 20, 2018 |  San Luis Obispo County

    Brittany Bagley (“Defendant”) was arrested in San Luis Obispo County and Lexington National Insurance Company (“LNIC”) posted bond for Defendant’s release. Following release on bail, Defendant failed to appear on March 15, 2018, the bond was ordered forfeited,1 and a warrant was issued for Defendant’s arre...

  • THE TRIBUNE V. LUCIA MAR UNIFIED SCHOOL DISTRICT

    Dec 20, 2018 |  San Luis Obispo County

    This action concerns requests made by The Tribune under the Public Records Act (Gov. Code, § 6250, et seq.; the “PRA”) to the Lucia Mar Unified School District (the “District”).
    I. BACKGROUND
    A. The Tribune’s First PRA Request
    On October 26, 2017, The Tribune made the following public record...

  • WYLMINA HETTINGA V. DAWNA DAVIS, THERESA LOUMENA

    Dec 20, 2018 |  San Luis Obispo County

    Plaintiff Wylmina Hettinga (“Plaintiff”) filed this action on June 13, 2017, against Defendants Theresa Loumena (“Loumena”) and Dawna Davis (“Davis”). Loumena is Defendant’s daughter. Because Plaintiff has been determined to be a vexatious litigant, and because she is self- represented in this matter, she ...

  • DIANE HELBERT V. DEREK LAURITZEN

    Dec 18, 2018 |  San Luis Obispo County

    Diane M. Helbert, Trustee of the Slender Rock 320 Trust dated 9-17-2018 (Plaintiff) brings this motion for summary judgment in an unlawful detainer action against Derek B. Lauritzen (Defendant).
    Plaintiff alleges that on September 17, 2018, via a Trustee’s Sale, she became the owner of certain real pr...

  • IN RE: SCHOTT FAMILY TRUST

    Dec 14, 2018 |  San Luis Obispo County

    The Court issued a ruling on the Petition to Remove Trustee on October 9, 2018. At the hearing, prior to the final ruling, the Court ordered additional briefing for this hearing date regarding the following issues: (1) approval of the Petition for Settlement of Account and Report of the Trustee, as supplem...

  • BAY AREA/DIABLO PETROLEUM CO. DBA GOLDEN GATE PETROLEUM V. COUNTY OF SAN LUIS OBISPO, ()

    Dec 13, 2018 |  San Luis Obispo County

    Factual Background1.
    The Certified United Program Agency (“CUPA”) for San Luis Obispo County (“County”) is the county agency responsible for enforcing five hazardous waste and hazardous materials regulatory programs, including the underground storage tank (“UST”) program discussed herein. Aaron LaBarr...

  • RUTHJEAN KENNEDY V. DIANA GARRETT, ET AL.

    Dec 13, 2018 |  San Luis Obispo County

    Background.
    On August 15, 2016, Ruthjean Kennedy and Eucasia Schools World Wide, Inc. (“Plaintiffs”) filed a verified complaint against Diana Garrett, Mary Rowlands, and Central Coast International Schools, Inc. (“Central Coast”). Relevant to this motion, Plaintiffs assert causes of action against Ms....

  • AVILA VILLAGE II LLC V. SAN LUIS BAY ESTATES HOMEOWNERS ASSOCIATION

    Dec 13, 2018 |  San Luis Obispo County

    (2) Motion for Writ of Mandate and/or Prohibition
    (3) Motion to Intervene
    Background/Procedural History.
    This is a dispute over parking spaces at the property commonly known as Avila Village.
    On March 28, 2018, Avila Village II LLC, Robin L. Rossi, Trustee of the Robin L. Rossi Living T...

  • PACIFIC WESTERN BANK V. ROBERT W. TAKKEN, LINDA H. TAKKEN

    Dec 13, 2018 |  San Luis Obispo County

    Plaintiff Pacific Western Bank (“PWB”) brings this action against Robert Takken (“Robert”) and Linda Takken (“Linda”)1 (collectively “Defendants”) for breach of personal guarantees and unjust enrichment related to a promissory note signed by Takken Development Company, Inc. (TDCI) (the “Note”). At several ...

  • DIANE HELBERT V. DEREK LAURITZEN

    Dec 13, 2018 |  San Luis Obispo County

    Diane M. Helbert, Trustee of the Slender Rock 320 Trust dated 9-17-2018, (Plaintiff) brings this motion for summary judgment in an unlawful detainer action against Derek B. Lauritzen (Defendant). Defendant may oppose the motion orally on the date of the hearing. (See Cal. Rule of Court, rule 3.1351(b).) No...

  • ARLEEN FLORES V. WALGREENS, CO.

    Dec 13, 2018 |  San Luis Obispo County

    Arleen and Rogelio Flores (“Plaintiffs”) filed this personal injury and premises liability action against Walgreens Company (“Defendant”) on September 15, 2017. Defendant answered the complaint on November 9, 2017.
    Defendant now seeks to leave of court to file a first amended answer to assert an addit...

  • JULIE STAHL V. ALEXANDER GONZALES

    Dec 06, 2018 |  San Luis Obispo County

    (consolidated with 15CV-0322)
    Hearing: Motion for Summary Adjudication
    I. BACKGROUND
    This action arises out of the death of Jackson Garland (“Garland”) in an automobile accident caused by Defendant Alexander Gonzales (“Gonzales”) on June 18, 2014.
    At the time of the accident, Gonzales w...

  • AMERICAN EXPRESS NATIONAL BANK V. MARK CICCONE

    Dec 06, 2018 |  San Luis Obispo County

    On May 3, 2018, American Express National Bank (Plaintiff) filed this action for common counts against Mark Ciccone (Defendant). Defendant answered the complaint on June 14, 2018. The basis of the complaint is an unpaid credit card balance in the amount of $7,725.31.
    Plaintiff now seeks summary judgme...

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