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26CV02219·santabarbara·Civil·Civil Law & Motion
Hearing in 2 daysTentative not yet posted

Suzan Kirklan vs Alta Orthopaedic Medical Group Inc

Motion: Stay

Hearing date
Aug 21, 2026
Department
Prevailing
N/A

Motion type

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Parties

PlaintiffSuzan Kirklan
DefendantAlta Orthopaedic Medical Group Inc

Ruling

reasonable effort and expense. The report shall, at a minimum, quantify and describe the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused or treated separately pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report.

"(2) A groundwater sustainability agency that provides a report pursuant to paragraph (1) shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.

"(3) During the pendency of the report provided pursuant to paragraph (1), upon a noticed motion by a groundwater sustainability agency, and following a hearing by the court after at least 10 days' notice to the parties, the court may order such interim or partial payments of the expense to be made by the parties.

"(4) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence." (Code Civ. Proc., Sec. 845, subd. (d).)

FCGMA reports that section 845, subdivision (d) applies because FCGMA has adopted, and the Department of Water Resources (DWR) has approved, groundwater sustainability plans for both the Oxnard and Pleasant Valley Basins. FCGMA also reports that it would be able to prepare the technical report at a reasonable effort and expense. FCGMA requests that the court order FCGMA to provide a technical report pursuant to section 845, subdivision (d)(1). FCGMA's request is expressly supported by the other Oxnard Defendants, by plaintiffs, and by Camarillo. The request is proper under section 845, subdivision (d), and no party has stated opposition. The request will be granted. The court will not now set a deadline for completion of the report, but encourages FCGMA to work expeditiously and will revisit the deadline issue later if warranted.

(5) Other Issues

Plaintiffs report the status of the Special Master's technical consultant's work. Plaintiffs state that they intend to request the court expand the Special Master's use of technical consultants. Any such request should be made to the Special Master for his recommendation. The court now has on calendar the next CMC on August 21, 2026, at 3 p.m. The parties should be prepared to discuss whether additional CMCs should be set now or at the next CMC.

Tentative Ruling: Suzan Kirklan vs Alta Orthopaedic Medical Group Inc Tentative Ruling: Suzan Kirklan vs Alta Orthopaedic Medical Group Inc Case Number

Case Type Civil Law & Motion Hearing Date / Time Fri, 08/21/2026 - 10:00 Nature of Proceedings Motion: Stay Tentative Ruling Tentative not yet posted.

Tentative Ruling: Faizah Dean vs Housing Authority of The City of Santa Barbara et al Tentative Ruling: Faizah Dean vs Housing Authority of The City of Santa Barbara et al

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