Excerpt: ...�ce.com;todd@stevensonlawofÞce.com; rob HEARING Motion of Defendant for Judgment on the Pleadings RULING For the reasons set forth herein, the motion of defendant Joi K. Stephens, Trustee of Trus t of the Stevens Famil y Trust U/D/T dated November 13, 1987, for jud gment on the pleadin g part and denied in part. The motion is granted, with leave to amend, as to the fifth cause o motion is in all other respects denied. Plaintiff Christopher S. Vi...

Excerpt: ...easons set forth herein, the demurrer of defendant Radius Group Commercial Real Estate, Inc., to the second amended complaint is overruled. Defendant Radius Group shall file and serve its answer to the second amended complaint on or before January 12, 2022. Background Dante Armento – only - was dismissed - without prejudice – on 12/21/21. “This action involves the commission earned by Plaintiffs, as a result of their being the real estate a...

Excerpt: ...; [email protected]; [email protected]; soliver@t ys HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoenas RULING As set forth herein, the motion of defendant Justin Sell to quash deposition subpoenas is gr is granted to quash the subpoena to San Marcos Hi gh School in its entiret y. The motion is Hi gh School and Buena Hi gh School in the followin g particulars onl y: (1) documents to be other personnel records which reflect c...

Excerpt: ...btor RULING For the reasons set forth herein, the motion of plaintiff and judgment creditor MUFG Union Bank N.A. for assignment orders and for a restraining order is denied without prejudice to the filing of a subsequent noticed motion with appropriate supporting evidence. Background On April 16, 2019, plaintiff MUFG Union Bank N.A. filed its complaint in this action for breach of contract—business line of credit agreement, money lent, and acco...

Excerpt: ...c. Emails: [email protected]; charanjit@weinberg- gonser.com; [email protected]; [email protected]; [email protected]; t MATTER Motion for Leave to File First Amended Direct Complaint; Motion for Leave to File First Ame n RULING The motions of plaintiff ECO Property Group, LLC for leave to file First Amended Direc t 2022 to August 30, 2022. Defendant ReProp Investments, Inc. ma y refile its summar y jud g BACKGROUND This acti...

Excerpt: ...man.com; [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the demurrer of cross-defendants Nitsa Citrine Christensen-Pomerleau and The Crystal Vision, LLC to the first amended cross- complaint of cross-complainants Sun Potion, LLC, and Scott Linde is overruled as to the first cause of action (breach of contract) and is sustained, with leave to amend, as to the second cause of action (misappropriat...

Excerpt: ... medical malpractice case was Þled in 7/2020. On 8/31/21 the Court ruled that: Expert witness designation date will be August 20, 2021, and the supplemental date will be September 5, 2021; the trial date and MSC date were set; there have been no motions to compel since that time; the Court's assistance has not been invited to resolve any issues. The Court expects the case to go to a MSC on the date set [10/1/21] and the trial on the date set [11...

Excerpt: ...e Kidon to Confirm Arbitration Award (3) Motion of Woody Boyce Builders for Award of Attorney Fees (4) Motion of Mark Kidon and Darlene Kidon for Award of Attorney Fees RULING As set forth herein, the Court requires further information from the parties regarding the authority of the Court to award attorney fees or costs arising from the arbitration. All motions will be continued to December 21, 2021, at 10:00 a.m. Each part y ma y file and serve ...

Excerpt: ...ee named defendants, shall arbitrate plaintiffs' claims about (1) specific promises allegedly made by defendants to repair specific things (pre- and post-sale); (2) defendants' alleged failure to affirmatively disclose known defects prior to the close of escrow; and (3) defendants' alleged failure to assign applicable warranties to plaintiffs (pre-and post-sale). The construction defect claims are not subject to arbitration and shall be stayed he...

Excerpt: ...sanctions, is continued to November 30, 2021, at 10:00 a.m. Counsel are ordered to meet and confer in person or by telephone/ video conference on or before November 12, 2021, which meet and confer is to be initiated by counsel for defendant Canopy Club, to discuss the disposition of this motion. On or before November 16, 2021, (1) the parties are to file a stipulation, including a proposed order, to the extent agreeable, resolving all or part of ...

Excerpt: ...is is an action for damages resulting from a motor vehicle collision. Plaintiff is Rick J. Candito. Defendants are Teresa Melgoza (“Melgoza”) and John Lubbers (“Lubbers”). On August 16, 2017, plaintiff was driving near the intersection of Mission Street and Castillo Street in Santa Barbara when his vehicle was struck by a vehicle driven by Melgoza and owned by her son-in-law, Lubbers, resulting in injuries and damages to plaintiff. At the...

Excerpt: ...o Settlement Agreement RULING For the reasons set forth herein, the motion of plaintiff State Farm Mutual Automobile Insurance Company to vacate the dismissal and enter judgment pursuant to the settlement stipulation is continued to December 7, 2021, at 10:00 a.m. Counsel for plaintiff shall serve notice on counsel of record for defendant and also on the defendant personally on or before November 9, 2021, and shall file proof of such service on o...

Excerpt: ...ties have selected an arbitrator and a date for arbitration. If that has not been done, this Court will select the arbitrator and a date for the arbitration. Status reports due one week in advance. Analysis This a private fee dispute between law firm and client regarding services rendered by law firm to client in a number of “Filippini” lawsuits currently underway in this courthouse. This is purely a dispute over fees. Background Facts The sa...

Excerpt: ...ted; Responses to be served no later than November 23, 2021; sanctions of $1,000 payable by November 23, 2021. Analysis This lawsuit was filed in 8/2020; Plaintiff alleges in the complaint that the case involves an automobile vs. pedestrian-negligence incident causing injury. Past medical expenses in excess of $25,000 for plaintiff Elisa Salvador including future medical treatment. Lost wages and loss of earning capacity are unknown. The parties ...

Excerpt: ...r Summary Judgment 2. CMC. CMCSs filed -- none. The Court set this date for a CMC when it set the trial date for 12/7/21. On 9/22/21 the MSC date and the Trial dates were continued based upon the stipulation filed, but this CMC date was not continued. The new trial date is 3/29/2022. Both matters will be called on the 10 am Law and Motion Calendar; no appearance necessary for the 8:30 CMC Calendar. RULINGS 1. For the reasons set forth herein, the...

Excerpt: ...not to exceed 10 pages – from both sides shall be submitted on or before Novem b no submissions respondin g to the other's side's supplemental brief, unless a material fact h that contention is made, such a brief on that issue alone will be filed by 11/22/21. Analysis This action arises out of alleged deficiencies in the construction of a custom residence in Santa B Court this day is a motion by plaintiffs to compel arbitration of the dispute, ...

Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...

Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...

Excerpt: ...ll grant defendant's request for sanctions, and will order plaintiff and her attorne y, Anthon y C. Kastenek, to pa y discovery sanctions to Defendant in the amount of $400.43. BACKGROUND Plaintiff issued a records subpoena to a third-party deponent, after which defendant filed a motion to quash the subpoena and for protective order. After a hearing held on July 27, 2021, the motion to quash was denied. The motion for protective order was granted...

Excerpt: ...easons more fully articulated below, the Court will deny the motion. Background Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her complain t Labor Code §§ 201-203, and (2) violation of Labor Code § 2698, et seq. (Labor Code Private A t The complaint defines the class as “All former employees who e employed by Defendants in th e present, whose employment was separated for any reason (voluntary or involuntary)...

Excerpt: ... [email protected]; HEARING Motion for final approval of class action settlement. Motion for attorneys' fees, costs, and expenses, and for representative enhancement payments. RULING The Court will grant both motions. The Proposed Judgment has been submitted and the Court intends to sign it. Background This is a wage and hour action, filed on September 22, 2020, alleging causes of action for (1) failure to properly institute an alter...

Excerpt: ...ca.gov; [email protected] HEARING Order to Show Cause re Court Assuming Jurisdiction over Respondents' Law Practice RULING The hearing on the order to show cause will be continued to hold an evidentiary hearin g on the merits of the application of petitioner State Bar of California. The parties are to be prepared to discuss at the hearing of this order to show cause availability for such evidentiary hearing. As set forth herein, after considerati...

Excerpt: ...urrer of Defendant Justin Sell to Complaint (2) Motion of Defendant Justin Sell to Strike Portions of the Complaint RULING (1) For the reasons stated herein, the demurrer of defendant Justin Sell to plaintiff's comp (2) For the reasons stated herein, the motion of defendant Justin Sell to strike portions of p (3) Defendant Justin Sell shall file and serve his answer to the complaint on or before Sept e Background As alleged in plaintiff John Doe'...

Excerpt: ...ppeared for the purpose of moving to quash service of summons and complaint upon them, contending that because service has not been properly accomplished, the court lacks personal jurisdiction over them. According to the declaration of defendant Aviana Kjos, on or about May 30, 2021, plaintiff entered property at 5300 Shoreline Drive in Goleta with an unidentified woman. The woman attempted to give Kjos something, when plaintiff started yelling a...

Excerpt: ...r enforcing settlement agreement and entering judgment is DENIED. 2. The Court finds that Antonucci is not in breach of the Settlement Agreement by refusing to sign and deliver the Modification of Easement Rights prepared by Faoro's counsel. 3. The version of the Modification of Easement Rights with the additional language proposed by Antonucci's counsel (Lee Dec., ¶ 8, Ex. 6) more accurately reflects the terms of the Settlement Agreement. 4. Fa...