Excerpt: ...ing a skull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in...

Excerpt: ..., Walter J. Henning, individually, as trustee of the Walter C. Henning Trust, and as trustee of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Eric B. Gans, George L. Staab For Defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC TENTATIVE RULING: For the reasons set forth herein, the motion of defendant John ...

Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...

Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...

Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...

Excerpt: ...intiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...

Excerpt: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...

Excerpt: ...s an unopposed motion by the defendants to quash, or secure protection from, pending deposition notices. On or about 11/02/21, plaintiff caused to be served upon defendants a Third Continued Notice of Deposition of James Moseley and a Fifth Amended Notice of Deposition of Sunseeker Enterprises, Inc's PMK. The parties had been previously engaged in meet and confer efforts to schedule the referenced depositions, but with only partial success. At is...

Excerpt: ...her Responses to Form Interrogatories and Responses to Requests for Admissions Tentative Ruling: This is a personal injury action, stemming from a head-on automobile collision occurring on 09/14/19 on Highway 154. Plaintiff alleges that defendant-driver Antunez was intoxicated and distracted, causing him to cross over the center divider lines and into on- coming traffic. Plaintiff sustained serious injuries, as did others involved in the same col...

Excerpt: ...dana: Elliot J. Siegel, Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of plaintiff Yvonne Saldana to the first amended answer of defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposit...

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: ...�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: ...ing causes of action: (1) defamation; (2) invasion of privacy; and (3) infliction of emotional distress. Defendants now seek an order striking the complaint under the anti-SLAPP statute on the grounds that the complaint arises from protected activity and that plaintiff cannot demonstrate a probability of prevailing on the merits. No opposition was filed. “A cause of action against a person arising from any act of that person in furtherance of t...

Excerpt: ...eyer & Dillion LLP For Defendant William Hezmalhalch Architects, Inc.: Lawrence A. Treglia, Matthew W. Johnson, Murtauch Treglia Stern & Deily LLP TENTATIVE RULING: As set forth herein, the court orders that counsel for the parties further meet and confer as to the issues raised by this motion. Counsel shall meet and confer in person, by telephone, or by video conference on or before January 10, 2022, with counsel for the moving party, plaintiff ...

Excerpt: ... The accident involved a vehicle driven by plaintiff Jamie Stewart (“Stewart”), who was in the course and scope of her employment and was insured for worker's compensation by plaintiff Sedgwick Claims Management Services (“Sedgwick”), and a vehicle driven by defendant Julijs Alfreds Zemjanis (“Zemjanis”), which was owned by defendant Factory Appliance, Inc. (“Factory Appliance”). Stewart alleges that Zemjanis was driving at an exc...

Excerpt: ...strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Goleta, which was held in a revocable living trust he had with his...

Excerpt: ...owner of real property located at 5171 San Vicente, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 2a(3), 3, 4.) Defendant Yolanda Frink is a tenant at the Premises pursuant to a written agreement (the Agreement) with decedent Leroy W. Noyes, Sr. (Complaint, ¶ 6 & exhibit 1.) Plaintiff alleges that the Agreement is the product of fraud or undue influence based upon the conclusive presumption of Probate Code section 21380. (Complaint, attachme...

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: ...ring her employment, she was continually subjected to harassment including unconsented physical touching while working for Defendants in the form of supervisor Javier Bravo's sexual harassment and stalking because of sex and offering money or favor in exchange for sex. Plaintiff's time records reflect that the last day she clocked in for a shift at the Fresh Venture Foods facility was Saturday, September 3, 2016. Plaintiff's complaint contains on...

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: ...For Plaintiff Alexandro Filippini: Self-represented For Defendant Donald S. Slutzky, M.D.: Bradley C. Clark, Julia E. Murray, Schmid & Voiles TENTATIVE RULING: The motion of defendant Donald S. Slutzky, M.D., for summary judgment is granted. Procedural Background: On April 5, 2019, plaintiffs Alexandro Filippini and Stephanie Filippini filed their original complaint in this action against multiple defendants asserting two causes of action: (1) pr...

Excerpt: ...e Estate of Melody Ramsay, the owner of the Premises. Defendants are Christopher Shemet, Timothy Giles, Olivia Wilhelmson, Enrique Alcantar, and Alfonso Alcantar. For nearly twenty years, Melody Ramsay and Shemet resided at the Premises, though they were never married and were not registered domestic partners. In recent years, Melody Ramsay rented out three bedrooms in the Premises, the first bedroom to defendants Olivia Wilhelmson and Alfonso Al...

Excerpt: ...ia, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was served, together with the ...

Excerpt: ...r a lawsuit in this court captioned Postcard Properties, LLC v. Somera Capital Management, LLC, et al., Case No. 17CV04361 (the “underlying lawsuit”). In the underlying lawsuit, Postcard Properties, LLC (“Postcard”) alleges causes of action for (1) breach of written contract, (2) common counts, (3) breach of oral contract, (4) fraud, and (5) declaratory relief. Postcard alleges that Somera and its president, David A. Brown breached variou...

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: ...g to Allegation II, namely, paragraph 2 (under “Allegation II”) on page 6, all of pages 17 and 18, paragraph 2 (under “Allegation II Response”) on page 185, and paragraph 2 (under “Allegation II”) on page 194. (All page references are to the pdf page number of records lodged by respondents provisionally under seal as documents to be disclosed in response to the California Public Records Act request.) In all other respects the petition...

Excerpt: ...red into a loan agreement with WebBank, Inc., a chartered FDIC insured bank, in the principal amount of $20,025.00. The loan was evidenced by a promissory note signed by defendant. After the loan was funded, defendant defaulted under the terms of the promissory note. Defendant failed to cure the default and left a balance due and owing on the promissory note in the principal sum of $19,997.87, plus interest. WebBank, Inc. subsequently sold and as...

Excerpt: ...e, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. (2) For the reasons set forth herei...

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: ...ubat for Defendants and Cross-Complainants Federal Express Corporation and German Franc Brian Leach for Defendant and Cross-Defendant Spencer Delzeit TENTATIVE RULING: The motion of defendants and cross-complainants Federal Express Corporation and German Franco contesting the application for good faith settlement determination of defendant and cross-defendant Spencer Delzeit is denied. BACKGROUND: This is an action for personal injuries arising o...

Excerpt: ...dant Deckers Outdoor Corporation David G. Hagopian / Garrett V. Jensen / Robyn E. Frick of CDF Labor Law LLP for defendant Real Time Staffing Services, LLC TENTATIVE RULING: The motion is granted. On May 6, 2020, plaintiffs submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), which it served on defendants. On June 1, 2020, plaintiffs filed a class action and PAGA claims complaint against...

Excerpt: ...na and Travis Edward Hoyt (both cases): Brian S. Dewey, Bretoi, Lutz & Stele TENTATIVE RULING: Counsel for defendants James Lee Hanna and Travis Edward Hoyt, the moving parties herein, is ordered to appear at the hearing of this motion. As set forth herein, the court will grant the motion to consolidate these actions for all purposes at the hearing of this motion if, but only if, counsel for defendants represents to the court on the record (1) th...

Excerpt: ...led for May 6, 2022, at 10:00 a.m., in Dept. 4 of this court, or on such other date as the Court may set at the hearing on this motion. On July 31, 2018, plaintiff submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), asserting claims against defendant Advanced Vision Science, Inc. (AVS). On October 30, 2018, plaintiff filed her class and representative action complaint against AVS, alleg...

Excerpt: ...endant Tidwell Excavation Acquisition Company, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Tidwell Excavation Acquisition Company, Inc. is denied. BACKGROUND: This is an action for personal injuries and wrongful death. Plaintiff is Cortland T. Day, the surviving spouse of the decedent, Jana Whelan (“Whelan”). Whelan was 64 years of age at the time of her death. Plaintiff brings this action, both individually and as the...

Excerpt: ...kground: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law proceeding. (See Third Amended Complaint [TAC], ¶ 11.) Hennard was a patient at defendant Asian Pacific Health Care Venture, Inc. (APHCV). (See TAC, ¶¶ 8-9.) Cook made a personal visit to the Los Feliz office of APHCV. (TAC, ¶ 8.) During that visit, an APHCV employee allowed Cook to use the employee's computer with acc...

Excerpt: ...rs) preliminarily approved a conditional use permit following a design-review inquiry; the former also (ultimately) granted final approval. Petitioners contend that respondents erred as a matter of law in considering any technical limitations attendant to wind turbine generators when they made the nine-factor design review inquiry contemplated by the appropriate regulatory provision. The court is not persuaded by petitioners' argument. Courts mus...

Excerpt: ...er Schreck, LLP For Defendants William W. Alexander, Margaret Alexander, SEA Enterprises, and SEA Enterprises, Inc.: Jan A. Greben, Christine M. Monroe, Greben Monroe TENTATIVE RULING: (1) The motion of plaintiff Turnpike Center, LLC, to stay all proceedings in this action is denied. (2) On its own motion, the court continues the hearing of the motion of defendant SEA Enterprises, Inc., to compel further discovery responses and documents now set ...

Excerpt: ...day for Plaintiff James Herb, an individual on his own behalf and in his representative capacity on behalf of all others similarly situated Sarkis A. Atoyan for Defendant Finney's Funk Zone, LP TENTATIVE RULING: The motion of plaintiff James Herb, individually and in his representative capacity, for an order approving the PAGA settlement is granted as set forth herein. BACKGROUND: This is a wage and hour action brought pursuant to the Private Att...

Excerpt: ...intiffs Dorrie Powell and Harold Powell: John Kirk Boyd; David Williams For Defendant Edmund Marroquin: Robert T. Mackey, Gregory B. Selarz, Serena L. Nervez, Veatch Carlson, LLP TENTATIVE RULING: (1) The demurrer of defendant Edmund Marroquin to the first amended complaint of plaintiffs Dorrie Powell and Harold Powell is sustained, with leave to amend, as to the third, fourth, and fifth causes of action and is otherwise overruled. (2) For the re...

Excerpt: ...ction. Plaintiff is Lilian Sohrabian. Defendants are Shenzen MXJO Technology Company, Ltd. (“MXJO”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale lithium ion batteries for use in electronic cigarette vaping devices, Sysmax Industry Company, Ltd. (“Sysmax”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale chargers for lithium ion batterie...

Excerpt: ... admitted, it is denied. To the extent the motion seeks to compel responses to discovery without objections, it is granted. Defendant is ordered to provide responses, without objections, to requests for admissions, special interrogatories, form interrogatories, and the demand for production, on or before December 3. Should defendant file a motion for relief from waiver of objections on or before December 3, the court-ordered response date will be...

Excerpt: ...ez, Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez: Self-represented TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows that a triable issue of material fact exists, the court will grant Bank's motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in su...

Excerpt: ...ts Reicker, Pfau, Pyle & McRoy LLP and Diana Jessup Lee to plaintiff's complaint is sustained. The demurrer of defendant Rachel M. Tobler to plaintiff's complaint is sustained. Plaintiff did not oppose either demurrer or make any offer of proof as to what he would allege to state a viable cause of action against defendants and therefore the demurrers will be sustained without leave to amend. BACKGROUND: This action concerns the handling of an est...

Excerpt: ...enant of and right to quiet enjoyment and possession of property; (3) nuisance; (4) negligence; and (5) violation of Civil Code section 1942.4. The complaint identifies a sixth cause of action in the caption (violation of Civil Code section 1942.5), but includes no supporting allegations in the body of the complaint.[1] On June 15, 2021, defendants filed a motion for summary adjudication of the 2 nd cause of action for breach of covenant to quiet...

Excerpt: ...Cross-Complainant James A. Carr and Defendant Punta Gorda 1317, LLC: John J. Thyne, III, Thyne Taylor Fox Howard, LLP TENTATIVE RULING: The motion of defendants James A. Carr and Punta Gorda 1317 for an order expunging the notice of pendency of action (lis pendens) is granted. The court will address all issues regarding moving parties' request for an award of attorney fees upon a subsequently filed noticed motion. Background: As alleged in plaint...

Excerpt: ... Plaintiff McCoy Electric Corporation Richard H. Glucksman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stuart Rubin Gabriel Z. Reynoso for Cross-Defendant and Cross-Complainant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant and Cross-Complainant Creston Electronics, Inc. TENTATIVE RULING: The motion of cross-defendant and c...

Excerpt: ...ndants CanJV, LLC, MSLTD, LLC, Lee McPherson, and Christopher Beary James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: The demurrer of cross-defendants to the cross-complaint of Fiore Management, LLC is sustained. The Fiore cross-complaint is ordered abated pending the outcome of Case No. 21CV01196. BACKGROUND: This action arises out of an investment dispute. Plaintiff Canndescent JV, LLC (“CanJV”) is a Texas limited li...

Excerpt: ... (robotics physician assistant), which she voluntarily left in late 2020. Before the Court this day is a single motion by plaintiff to compel further discovery responses as follows:  SRog Nos. 7-12, 13-14, 16-18, 24, 27, 37-38, 57, 60-68, and 73;  FRog (Empl) Nos. 201.1, 201.2, 201.5, 201.6, and 207.2;  FRog (Gen) Nos. 15.1 and 17.1;  RPD Nos. 4, 8, 9-15, 19, 22-26, 28-30, 34-35, 37-39; and  RFA No. 10 Although these should have be...

Excerpt: ...onference, on or before November 16, 2021, as to each issue raised in defendants' demurrer and motion. A revised opposition, or alternatively, an amended complaint, may be filed on or before November 29, 2021; a revised reply may be filed on or before December 3, 2021. Background: On August 31, 2021, De La Torre filed her complaint asserting five causes of action: (1) age discrimination; (2) sex discrimination; (3) failure to prevent discriminati...

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: ...to control, short-tempered, and unsuitable for public events), with knowledge of the dangerousness. Plaintiff was unaware of the traits of the horse when she was instructed to mount; she was never allowed to “adjust the saddle or stirrups herself,” and as the guided trail ride began, plaintiff noticed the “horse was tripping over his own feet, failing to adhere to the commands by Plaintiff and otherwise acting in an ‘irritable' manner.”...

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: ...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: ...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: ...William C. Makler for Petitioner Jhonnatan I. Lemus Diaz Lauren E. Sible, Deputy Attorney General, for Respondent Steven Gordon, Director, California Department of Motor Vehicles TENTATIVE RULING: The petition for writ of mandate of Jhonnatan I. Lemus Diaz to set aside the suspension of his driver's license is denied. BACKGROUND: On April 19, 2021, petitioner Jhonnatan I. Lemus Diaz was arrested for driving under the influence after California Hi...

Excerpt: ...irling, Hale & Miller, LLP for defendant TENTATIVE RULING: For the reasons more fully articulated below, the demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On Apri...

Excerpt: ..., plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was s...

Excerpt: ...Michael Johnson, as Trustee of the Michael and Christina Johnson Family Trust (“Johnson”). Defendants are Skylar L. Gauss, individually and as Trustee of the La Cumbre Ranch Living Trust dated January 31, 2001, and Aaron Valdis Gauss (together, the “Gauss Defendants” or “defendants”). At the time of the events in this case, Saticoy owned and later deeded to Johnson certain real property identified by the Assessor for Santa Barbara Cou...

Excerpt: ...that on July 26, 2017, Watson, while performing work for Wolfe, trespassed onto plaintiff's property located at 264 Salisbury Drive in Goleta and tore down portions of plaintiff's fence. Plaintiff further alleges that Watson assaulted and battered him with his fists, knocking plaintiff to the ground and rendering him unconscious. On July 26, 2019, plaintiff filed his complaint for trespass, assault and battery, and negligence. Watson and Wolfe ha...

Excerpt: ...District (a) is sustained without leave to amend as to the first cause of action (reverse validation), (b) is sustained with leave to amend as to the Santa Barbara County Board of Supervisors, in their capacity as the Board of Supervisors, only, as to the second (writ of mandate), third (breach of contract), fourth (breach of implied covenant), and fifth (declaratory relief) causes of action, (c) is sustained with leave to amend as to the Board o...

Excerpt: ...“of her legal right to execute her duty as [the] attorney-in-fact in the “Advance Health Care Directive” executed by Wayne Hoyt on May 1, 2018, attached as Exhibit 2 to the operative pleading. Plaintiff recounts that she was Mr. Hoyt's fiancée and was residing with him when on June 1, 2018, Mr. Hoyt's daughter, Debra Hoyt, admitted Mr. Hoyt to Marian Medical Center. Plaintiff and Debra Hoyt had a highly contentious relationship, culminatin...

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: ...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: .... Lenkov for Defendant City of Santa Barbara Karen Harmeling for Defendant Santa Barbara Zoological Foundation TENTATIVE RULING: Motion for summary judgment of Defendant City of Santa Barbara is denied. BACKGROUND: This is a personal injury action resulting from a trip-and-fall incident. Plaintiff is Edna L. Phillips. Defendants are the City of Santa Barbara (“City”) and the Santa Barbara Zoological Foundation (“Foundation”). On May 1, 20...

Excerpt: ...f Briscoe Ivester & Bazil, LLP for plaintiff John C. Tarlton, as Trustee of the John C. Tarlton Generation Skipping Trust dated June 14, 2002. Dean E. Dennis / Jeffrey B. Bell of Hill, Farrer & Burrill, LLP for defendant Gregory B. Stanislawski, as Trustee of the Bella Vista Trust, dated April 12, 2010 TENTATIVE RULING: For the reasons articulated below, the motion will be denied. Background: Plaintiff's complaint was filed on August 9, 2018, and...

Excerpt: ...ticulated below, the Court will overrule the demurrer, and order defendant to answer the complaint on or before November 1, 2021. Background: This is an action for commercial unlawful detainer. The verified complaint, filed on September 14, 2021, attaches a written commercial lease for property located at 35 N. Calle Cesar Chavez, in Santa Barbara, for a term of 5 years, with an option to purchase the property within the initial term, and two 5 y...

Excerpt: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...

Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...

Excerpt: ...rt cannot address the merits of the motion until entry of default, filed on August 12, 2020, has voluntarily been set aside. Although overlooked by plaintiff, entry of default was made one day before the notice of conditional settlement was submitted to the court, and has been left unabated since. The impact of this is clear. Once default is entered, defendants' right to appear in the action thereafter is cut off. Defendants are “out of court,�...

Excerpt: ...August 17, 2021, Ford filed a motion to amend the judgment pursuant to Code of Civil Procedure sections 187. It asks the court to amend the judgment to add an alias name for defendant Jesse Teniente, Jr., who now goes by the name “Jesus Teniente.” The motion was served by mail on defendant at 338 East Foster Road, Santa Maria, California. In a declaration submitted by Ford attorney David Chen, Mr. Chen declares that after an employment verifi...

Excerpt: ...r, M.D., for Summary Judgment (3) Motion of Defendant John C. Blaustein, M.D., for Summary Judgment (4) Motion of Defendant John Anis, M.D., for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendants Santa Barbara Cottage Hospital, Inc., Mark G. Hauser, M.D., John C. Blaustein, M.D., and John Anis, M.D.: Thomas F. McAndrews, Beth Ann Neri, Alexandra J. Muehl, Reback, McAndrews, Blessey, LLP TENTATIVE RULING...

Excerpt: ...defendant TENTATIVE RULING: The demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On April 1, 2021, without any response having been filed, Unander filed her FAC agai...

Excerpt: ...s a business/employment dispute relating to a putative joint venture. Before the Court this day are two discovery motions filed by plaintiff, seeking further responses to special interrogatories and RPDs from defendants. For the reasons which follow, the motions are CONTINUED to discharge the meet and confer requirement. Discussion: In California, discovery is supposed to be self-executing. For that reason, before resorting to judicial interventi...

Excerpt: ...ark Sellers, the son of Rosemary Leahy. The salient allegations consist of both care custodian abuse, as well as financial abuse, by Rosemary'Leahy's lawfully wedded husband – the defendant herein. Before the Court this day is an unopposed motion by plaintiff to compel defendant's attendance at, and participation in, a regularly-noticed deposition. While the motion may have merit, the motion must be continued for further briefing. Discussion: D...

Excerpt: ...plaintiff to “compel discovery responses.” For the reasons which follow, the motion is GRANTED in part. Discussion: A party in receipt of a request to produce documents is entitled to only three choices: (1) a statement of compliance, which includes the actual documents (organized and labeled for ease of review) or a clear indication as to when and how the documents will be provided; (2) a statement of noncompliance based on inability, confir...

Excerpt: ...estors LP Julie N. Nong for Defendant and Judgment Debtor Henry Aguila TENTATIVE RULING: The motion of plaintiff Pico Rivera First Mortgage Investors LP for order to show cause (“OSC”) re contempt is granted. Defendant Henry Aguila is ordered to appear on November 1, 2021, at 10:00 a.m., in this department, and show cause why he should not be held in contempt for unlawfully interfering with the process and proceedings of this court. BACKGROUN...

Excerpt: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant RIBCO, Inc., dba Woody's BBQ (RIBCO). The summons issued by the court with the filing of the complaint, however, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...

Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...

Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...

Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...

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: ... Castagnola Brothers Trust David Campbell Smith for Defendant Brannan Mason TENTATIVE RULING: Plaintiff's application for right to attach order and for order for issuance of a writ of attachment is denied. BACKGROUND: This is an action for breach of a commercial lease agreement. Plaintiff is The Northern Trust Company as Trustee of the Eight Castagnola Brothers Trust. Defendant is Brannan Mason. On May 9, 2018, plaintiff and defendant entered int...

Excerpt: ...motion of defendant Ian Alvarado to strike plaintiff's claim for punitive damages is denied. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. Plaintiff is Ila Delmarsh. Defendants are Ian Alvarado and Lorenzo Alvarado. On December 25, 2019, on Walnut Lane just south of Hollister Avenue in Santa Barbara County, defendant Ian Alvarado allegedly operated a vehicle owned by defendant Lorenzo Alvarado in suc...

Excerpt: ...kull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in Februa...

Excerpt: ...iled complaint against defendants Northstar Senior Living, Inc., and Fountain Square of Lompoc, LLC, for violations of the Private Attorney General Act, pursuant to Labor Code section 2698, et seq. (hereafter, the PAGA). According to the complaint, plaintiff was employed by both defendants, who were agents of each other, between September 2019 and November 2019, as hourly paid, nonexempt employee. Plaintiff alleges that she and other aggrieved em...

Excerpt: ...Ruling: This in an insurance bad faith case. Before the Court this day are two discovery motions by plaintiff Passport 420 LLC, seeking a Code-compliant, objection-free response to its Request for Production of Documents and Special Interrogatories. The landscape has changed slightly from when the motion was first filed, but according to plaintiff, judicial intervention is still required. The salient facts are straightforward. In January of 2017,...

Excerpt: ...murrer is overruled. Defendant is directed to file his answer the complaint no later than October 4, 2021. DISCUSSION: Background: Plaintiffs are the owners and agents of real property located at 246 West Alamar, Unit 2, in Santa Barbara. On May 20, 2020, they entered into a written 12-month Residential Rental Agreement with defendant, with defendant's tenancy to commence May 22, 2020, and run through May 31, 2021. The rent for the premises was $...

Excerpt: ...tigation into plaintiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and the four causes of action asserted therein, to wit: libel, false light, unfair practices, and tortious interference. Before the Court this day are three defense motions: 1. Motion to compel further responses to RPD Set 1, Nos. 1‐40, 42‐45, and 47; 2. Motion to compel fur...

Excerpt: ...isclosed as public records responsive to the request here at issue. The court intends to conduct an in camera review of the records in advance of the continued hearing. Background: Petitioner Gary D. Gemberling is the successor trustee of the Melvin I. Gemberling and Catherine M. Gemberling Trust, dated June 29, 1989 (the Trust). (Verified Petition, ¶ 5.) The trustors of the Trust were petitioner's parents. (Ibid.) There is pending litigation in...

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: ...ng Christopher P. Wesierski / Michelle R. Prescott of Wesierski & Zurek, LLP for defendant Thomas Wilber Swiggum TENTATIVE RULING: The motion is denied. Background: Based on the information before the Court, on the evening of March 12, 2020, plaintiff Chenyi Huang and her boyfriend, David Ding were waiting on the north side of Calle Real in Goleta for the “walk” signal at the mid-block, signal- controlled, pedestrian cross-walk. Ding had acti...

Excerpt: ...otion “to quash” is GRANTED in part. Pertinent Background This civil action was commenced on 02/26/18 with the filing of a complaint for damages. On 01/11/19, this Court set a trial date of 05/10/19. On 02/11/19, this Court entered the parties' stipulation for a trial continuance to 11/08/19. On 03/15/19, this Court granted a defense motion to compel plaintiffs' attendance at various IMEs. Plaintiffs timely appeared as ordered, and were exami...

Excerpt: ...t is granted in part and denied in part. The motion is granted, without leave to amend, to strike paragraph 14 of the first amended cross-complaint as the improper pleading of evidentiary matter. The motion is in all other respects denied. (3) Cross-defendant Forest Construction Co., Inc., shall file and serve its answer to the first amended cross- complaint, as it exists following the granting in part of the motion to strike, on or before Octobe...