Excerpt: ...ndant John D. Kumpitsch: Self-Represented TENTATIVE RULING: The of defendant John D. Kumpitsch to set aside default is granted. Defendant shall file and serve his answer to plaintiff s complaint in the form submitted by defendant with the present motion. Defendant: s time to file and serve the answer shall be extended until five days after service upon him ofwritten notice of entry of the court' s order denying the motion, exclusive of extended t...

Excerpt: ...hi Evgenia Quaid and Randy Quaid: defendants and cross-complainants, are self-represented TENTATIVE RULING: The motion is granted in its entirety Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C Turicchi_ At that time, the complaint alleged a cause of action to quiet title in plaintiffs in property located at 1355 East Mountain Drive in Santa Barbara...

Excerpt: ...d, Cyrus Khosh-Chashm: KVT Law Group, LLP TENTATIVE RULING: Defendant' s motion to quash plaintiff s deposition notice is denied as moot. The Court alvards sanctions in favor of plaintiff and against defendant Foodbank of Santa Barbara County' s counsel of record: the K VT Law Group: in the amount of S 12125: payable to plaintiff s counsel. Payment of sanctions is due by April 20, 2023 _ Background: This is a wrongful tennination lawsuit brought ...

Excerpt: ...r: Timothy S _ McConn: Tracy N _ LeRoy: Wynn B McCloskey: Jane Ray: Audrey Hendricks: Luke A _ Schamel, Yetter Coleman LLP; Brian E. Klein: Melissa A _ Meister, Waymaker LL P For Defendants Plains Pipeline, LP., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains MP, L.P., Plains American GP LLC, and PA GP LLC (case No. 18CV02504): Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny: Robyn K. Bacon: Jeremy A. Lawrence, Colin ...

Excerpt: ...��' s Fees (2) Defendant Heirloom Valley: LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiffs Further Responses To Requests For Admission: Set One: And Request For Monetary Sanctions (4) Motion To Be Relieved As Counsel ATTORNEYS: For Plaintiff Jesse Zaragoza: Se...

Excerpt: ...ephen C. Pasarow, Karie E. Schroder, Knapp: Petersen & Clarke TENTATIVE RULING: For all reasons discussed herein: the coun denies, without prejudice: plaintiff s motion for a protective order and to quash defendants' deposition notice as moot Background: This action arises out of a motor vehicle collision that occurred at the intersection of Garden and Los Olivos Streets in Santa Barbara, California. As alleged in the complaint filed by plaintiff...

Excerpt: ...aine Spath, Renee Spath, Rita Marinello, and Walnut Park Associates: Barry J. Reagan, Guillermo E. Partida, Slaughter, Reagan & Cole, LLP TENTATIVE RULING: The court grants defendants' motion. The court corrects nunc pro tunc the Minute Order dated November 7, 2022, in accordance with this ruling. Further, the court vacates the “Order on Plaintiffs' Motion For Protective Order” entered and filed on November 23, 2022, and orders the “Notice ...

Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...

Excerpt: ...for defendants, cross-complainants, and cross-defendants Annette Rubin and A. Stuart Rubin Daniel E. Engel for cross-defendant Las Canoas Co. dba Construction Plumbing TENTATIVE RULING: The Court will grant the motion, and impose upon the Rubins the requirement that they post an undertaking in the amount of 1.2 times the amount of the judgment entered against them (($577,424.75 x 1.2 = $692,909.90),, in order to stay enforcement of the judgment p...

Excerpt: ...s of James Howard For Defendant Brian Gooch: No appearance TENTATIVE RULING: The motion of defendant Sean Wilczak for summary judgment and adjudication is denied. Background: This is an unlawful detainer action filed by plaintiff Americana Independence, Ltd., against defendants Sean Wilczak (Wilczak) and Brian Gooch (Gooch). As alleged in plaintiff's First Amended Complaint (FAC) filed on November 3, 2022, plaintiff is the owner of premises locat...

Excerpt: .... Elkort, Ajay Sood, Morgenstern Law Group TENTATIVE RULING: (1) Defendant's motion for summary adjudication is granted in part with respect to plaintiff's claim for punitive damages only. Except as otherwise herein granted, plaintiff's motion for summary adjudication or, alternatively, summary judgment, is denied. (2) Plaintiff's counsel, John Kenneth Dorwin, is ordered to appear on March 27, 2023, at 10:00 a.m. in this Department, and show caus...

Excerpt: ...iltner, Autumn S. Frye, Miltner & Menck, APC TENTATIVE RULING: The demurrer of defendants Outco Labs, Inc., and Outco Mendocino-CD LLC is sustained, without leave to amend, as to the fifth cause of action (for issuance of a preliminary injunction) and is in all other respects overruled. Defendants Outco Labs, Inc., and Outco Mendocino-CD LLC shall file and serve their answer to the first amended complaint (as it is following this ruling) on or be...

Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...

Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...

Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...

Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ... Spackman & Clark, LLP TENTATIVE RULING: For all reasons stated herein, the court grants defendant Cottage Health, Inc.'s motion and orders plaintiff's complaint as to Cottage Health, Inc., dismissed. Background: Plaintiff Jonathan VanLoan's (VanLoan) complaint filed on June 22, 2022, alleges causes of action for negligence, medical negligence, assault, attempted murder (medical battery), intentional infliction of emotional distress, and false im...

Excerpt: ...ociation: Norman S. Wisnicki For Defendant Mary Berry.: Eric A. Woosley, Alexander Lambrous, Paul A. Elkort TENTATIVE RULING: The motion of defendant Mary Berry for good faith settlement determination is denied without prejudice. Background: On April 6, 2017, plaintiff Franciscan Oaks Condominium Association, Inc. (FOC) filed its complaint against defendant Mary Berry asserting causes of action for breach of convenants and nuisance (case number 1...

Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...

Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...

Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...

Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...

Excerpt: ...ousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...