Excerpt: ...ple of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Bur...

Excerpt: ...nc.; Request for Sanctions 2. Plaintiffs' Motion for Leave to Amend the Complaint Attorneys: Plaintiffs: Jonathan C. Teller, Erik Harper (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) For Defendant Stalwart Clean & Sober: Jack H. Snyder (Wolfe & Wyman – Irvine) Tentative Rulings: 1. The court denies plaintiffs John Strumpfler and Tracy Morris's motion to compel further re...

Excerpt: ...ial Records ATTORNEYS: Ashley E. Flood, Deputy County Counsel, for Petitioner Joseph Holland, Santa Barbara County Assessor Jason D. Strabo for Respondents CWI Santa Barbara Hotel, LP and CWI 2 Santa Barbara Hotel, LP TENTATIVE RULING: Petitioner's Application for Order to Seal Confidential Records is granted. The specified exhibits are ordered sealed. Petitioner's Application for Order of Appearance is granted. Respondent is ordered to produce t...

Excerpt: ...ndant: Roshni C. Kapoor (Ogletree, Deakins, et al. – San Francisco) Tentative Ruling: The court grants plaintiff Angelina Longstreth's motion to quash or limit the deposition subpoenas that defendant Agilent Technologies, Inc., issued to Paul J. Markowitz, M.D.; Sierra Rose Smargon, LMFT; and Sedgwick Claims Management Services, Inc. The deposition subpoenas shall be limited to two time periods: (1) September 24, 2017, through December 22, 2017...

Excerpt: ...ff's motion for leave to file a first amended complaint is denied. Plaintiff's allegations of misconduct are already the subject of a cross-complaint she has filed in another action. BACKGROUND: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole owners and directors of defendant Four Jays Music Company (“Four Jays”), a company responsible for collecting and distributing royalties from music composed by Jones and Riva's la...

Excerpt: ...iel S. Hentschke of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: The demurrer to the inverse condemnation cause of action is sustained. While the Court is doubtful that the complaint can be amended to state a valid cause of action for inverse condemnation, it will allow plaintiff leave to file a First Amended Complaint in an attempt to do so. Any such amended complaint must be filed on or before December 23, 2019. ...

Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...

Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...

Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...

Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...

Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...

Excerpt: ...nd plaintiff is ordered to pay to defendant the amount of $5,325. The motion for issue or evidence sanctions is denied, based upon the motion's failure to include the mandatory separate statement required by California Rules of Court, rule 1.345(a)(7) for such motions. The Court issues a further order compelling plaintiff to appear for the continued deposition and the IME, as outlined below, and cautions her that if she fails to appear for either...

Excerpt: ...hear from them twice. This case shares a common profile with many cases that are tried before the court in a unified manner on a regular basis. There are ways other than bifurcation to make sure that the presentation of damages issues in the case is properly controlled and fair to both sides of the case, in terms of duplicative or repetitive testimony and evidence- the court expects a reasonable and efficient presentation of the case. ...

Excerpt: ...er Beary Jeffrey P. Walsworth / Elizabeth L. Huynh of WFBM, LLP for defendants Fiore Management LLC a.k.a. Canndescent and Adrian Z. Sedlin James A. Anton for intervenor HCB Financial Corp. TENTATIVE RULING: The motion for reconsideration is denied. The Court finds that the new facts asserted by moving parties do not provide a basis for reconsideration of its prior ruling on the intervention issue. Background: Intervenor HCB Financial Corp. (HCB)...

Excerpt: ...cLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: 1. The court grants, in part, defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for summary judgment or, in the alternative, summary adjudication. The court grants summar...

Excerpt: ...roup of Santa Barbara, Inc.: Timothy J. Trager, Meghan K. Woodstone, Reicker, Pfau, Pyle & McRoy LLP TENTATIVE RULING: The motion of defendants Pueblo Radiology Medical Group, Inc., and Pueblo Radiology Medical Group of Santa Barbara, Inc., for summary judgment or alternatively for summary adjudication will be denied in its entirety. Background: In the operative pleading, plaintiff John J. Stef's second amended complaint (SAC), Stef alleges a sin...

Excerpt: ...k TENTATIVE RULING: The motion of defendants to compel arbitration and stay all proceedings in this court is granted. BACKGROUND: Plaintiff Iaian Filippini (“Filippini”) is an investment advisor and a principal of plaintiff Filippini Wealth Management, Inc. (“FWM”). In 2008, defendants David B. Avrick and Jean L. Avrick initiated arbitration against Filippini and others arising out of certain investments defendants had made. In 2009, the ...

Excerpt: ... Brian J. Panish, Candice Klein, Sarah Kim, Panish Shea & Boyle LLP; Renee J. Nordstrand, Matthew M. Morrison, NordstrandBlack PC For Defendant Southern California Edison: Jason M. Booth, Paul D. Rasmussen, Benjamin L. Caplan, Booth LLP; Leon Bass, Jr., Laura A. Meyerson TENTATIVE RULING: The motion of defendant Southern California Edison Company to compel further responses by plaintiff Richard Anthony Easbey to defendant's request for production...

Excerpt: ... Respondent Carrillo Builders, Inc.: Xavier Centina TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on March 20, 2...

Excerpt: ...ted: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing of this motion to discuss scheduling issues for notice and the hearing on final approval. Background: On March 16, 20...

Excerpt: ...netary Sanctions Motion for Leave to File Second Amended Complaint and Motion for Extension of Time to File a Motion to Compel Further Response to Interrogatories and Request for Production of Documents Attorneys: Plaintiffs: Self-represented For Defendants: Mark T. Coffin (Law Offices of Mark T. Coffin); Lori L Dunivan (Thomas/Lucas – San Diego) Tentative Ruling: 1. The court strikes plaintiffs' Motion for Protective Order Limiting and/or Rest...

Excerpt: ...fornia Department of Transportation, et al., Case No. 18CV00937 (Judge Sterne) HEARING DATE: January 14, 2019 MATTER: Motions (8) to Quash Deposition Subpoenas for Production of Business Records ATTORNEYS: Anthony E. Vieira for Plaintiffs Daniel Laurin O'Keefe and Kelly Anne O'Keefe Brock Christensen for Defendant National Railroad Passenger Corporation dba Amtrak TENTATIVE RULING: The tentative ruling on plaintiffs' eight motions to quash deposi...

Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...

Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...

Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...