Excerpt: ...ackground: As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs CWI Santa Barbara LP (CWI 1) and CWI 2 Santa Barbara LP (CWI 2) are affiliated limited partnerships. (FAC, ¶¶ 1, 2.) CWI 1 and CWI 2 (collectively, plaintiffs) were at all relevant times joint owners of the real property located at 9301 Hollister Avenue, Goleta, where plaintiffs operate a hotel business known as “The Ritz-Carlton Bacara, Santa Barbara.” (FAC, ¶ ...

Excerpt: ...lse promise; 2) quiet title; 3) quiet title by adverse possession; 4) civil conspiracy; 5) breach of oral contract; 5) breach of implied in fact contract; 6) breach of the implied covenant of good faith and fair dealing; 8) unjust enrichment; and 9) declaratory relief. The allegations involve residential property located at 4345 Santa Maria Mesa Road, Santa Maria (hereafter, real property). Plaintiff was married to Daniel until 2018, when she sec...

Excerpt: ...iam M. Slaughter / Jonathan D. Marshall / Marco R. Castanos of Slaughter, Reagan & Cole, LLP for defendants Joshua Vides and Patti Jeanne Vides TENTATIVE RULING: The motion is granted in part, as discussed below. Background: This action arises from injuries suffered by plaintiff Georgia Avery (Avery) when she was allegedly attacked by defendant Cora Vides (Cora) on February 14, 2021. [The Court will refer to Cora by her first name, not out of any...

Excerpt: ...TATIVE RULING: The demurrer of defendant and cross-defendant James Newton Powell to the cross-complaint of defendant and cross-complaint California Department of Transportation is overruled. Powell shall file and serve his answer to the cross-compliant on or before September 20, 2021. BACKGROUND: This is an action for personal injuries arising out of an automobile vs. pedestrian collision on December 5, 2019, on Patterson Avenue at the intersecti...

Excerpt: ...e of the filing of this petition was a seventeen-year-old student at Westlake High School in Ventura County. Westlake High School is within the school district of respondent Conejo Valley Unified School District (“District”). At the time of the events in this case, Rilee was an honors student and co-captain of the Westlake High School Dance Team. On September 12, 2019, Rilee was summoned to the principal's office after allegedly being accused...

Excerpt: ...poration to file under seal the documents now lodged with the court conditionally under seal, consisting of the documents identified in the notice of lodgment of documents conditionally under seal, dated August 26, 2021. The court orders that those documents, and no other documents absent a prior or subsequent motion and order, to be filed under seal. The parties and their attorneys are authorized to inspect these sealed records subject to the te...

Excerpt: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...�) initiated a product recall from all Canadian stores of Landec's 28 oz. bag of Eat Smart Sweet Kale Salad Kit (the “July 2019 Recall”) due to the CFIA finding a positive result of Listeria monocytogenes (“Lm”) in a test sample of the kits. This recall resulted in over $5,500,000 in total loss to Landec. Lloyd's has refused coverage on the basis that the losses did not arise “solely and directly” from the July 2019 Recall, and instea...

Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....

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: ...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: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...pinteria Valley Farms, LLC and Patrick M. Nesbitt Paul Lee, Senior Deputy County Counsel, for Respondent Santa Barbara County Board of Supervisors TENTATIVE RULING:The petition for writ of mandate of petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt is denied. BACKGROUND: Petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt are the owners of real property located at 2800 Via Real Lane, Summerland, California, which incl...

Excerpt: ... a medical records release, or for appointment of referee to review records ATTORNEYS: Vivian Yochelson of Yochelson & Associates and Ellen Levin of Law Office of Ellen Levin P.C. for plaintiff Jennifer T. Tseng / David H. Lieerthal / H. Daniel Burrows of Tseng & Associates for defendants Margarito Avila and El Alba Beef, Inc. TENTATIVE RULINGS: The motion for leave to file a cross-complaint is granted. The motion to compel plaintiff to execute a...

Excerpt: ...laintiff's complaint for unlawful detainer is overruled. Defendant shall file and serve his answer to the complaint on or before September 3, 2021. BACKGROUND: This is an action for unlawful detainer. Plaintiff Laura J. Austin is the owner of residential real property located 5688 Fiesta Drive, Carpinteria, California 93013. On February 2, 2019, plaintiff and defendant William C. Holmes entered into a written rental agreement for the premises whe...

Excerpt: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...

Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...

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...

Excerpt: ... Department of Industrial Relations, Division of Labor Standards Enforcement for the California Labor Commissioner For Defendant Coastal Getaways Realty, Inc.: Gary Goldberg TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Shane Amburn to dismiss the appeal is granted. The court awards reasonable attorney fees against defendant Coastal Getaways Realty, Inc., in the amount of $800.00. Plaintiff shall prepare, serve, and ...

Excerpt: ...rement Association to County of Ventura's Complaint in Intervention (2) Demurrer of Ventura County Employees' Retirement Association to Cross-Complaint of Leroy Smith ATTORNEYS: For Plaintiff and Cross-Defendant Ventura County Employees' Retirement Association: Ashley K. Dunning, Peter Mixon, Aalia Taufiq, Alexander Westerfield, Nossaman LLP For Defendant and Intervenor County of Ventura: Tiffany N. North, Emily T. Gardner, Office of the Ventura ...

Excerpt: ... Office for defendant County of Santa Barbara, erroneously sued as Santa Barbara County Animal Services TENTATIVE RULING: The demurrer to each cause of action is sustained, without leave to amend, and plaintiffs' action is ordered dismissed. Background: On October 6, 2020, plaintiffs filed their original complaint in this action asserting four causes of action against defendants County of Santa Barbara, erroneously sued as Santa Barbara County An...

Excerpt: ...n or before August 27, 2021. Background: As alleged in plaintiff's first amended complaint (FAC): On September 4, 2018, at approximately 4:00 p.m., City of San Buenaventura (City of Ventura) police officers, defendants Derek Donswyk and Rebecca Kofman (VPD Officers) were traveling southbound on US 101 in the City of Santa Barbara. (FAC, ¶ 25.) VPD Officers were returning to their jurisdiction after having dropped a prisoner at a location outside...

Excerpt: ...nd: On February 9, 2021, defendant Donald Watson served, by electronic service, plaintiff Gregg Patronyk with Watson's first sets of special interrogatories (SI), form interrogatories (FI), and requests for production of documents (RFP). (Watson decl. re SI, ¶ 2 & exhibit A; Watson decl. re FI, ¶ 2 & exhibit A; Watson decl. re RFP, ¶ 2 & exhibit A.) No responses were received by Watson to these discovery requests. (Watson decl. re SI, ¶ 3; Wa...

Excerpt: ... award. The petition noted that the matter had been arbitrated before Eric Berg, Esq. on November 5, 2019, and that an arbitration award in the amount of $8,023 was made on December 3, 2019, requiring the client (Lomeli) to pay that amount to the other party. The award also provided for the payment of interest. A copy of the award was attached to the petition. The petition alleges that the award is binding because more than 30 days passed since n...

Excerpt: ...tion to quash is DENIED. Since Plaintiff has not requested remuneration f costs associated herewith, there is no order for sanctions. However, Deponent cannot yet b comply with the revised subpoena because (1) Deponent filed its own motion to quash now and (2) an issue waived b y Defendants but raised properl y b y the Deponent (Ohio domesti c have facial merit and must be full y considered at the hearin g on Deponent's motion next m Analysis Thi...

Excerpt: ...f the first amended complaint of plaintiffs Douglas D. Rossi and Kimberlee H. Rossi is overruled. Defendant shall file and serve his answer to the first amended complaint on or before September 1, 2021. Background As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs Douglas D. Rossi and Kimberlee H. Rossi own and reside at 49 Canyon Acres Drive, Santa Barbara (Plaintiffs' Property). (FAC, ¶ 5.) Defendant Uri Dolev owns and resides...

Excerpt: ...t Pico Rivera First Mortgage Investors, LP and Cross-Defendants Mortgage Company of Santa Barbara, Inc., and PR Mixed Use, LLC Julie N. Nong for Defendant and Cross-Complainant Henry Aguila Andrew L. Leff for Cross-Defendants Guru Thapar and Forward Beverly Hills, Inc. dba Keller Williams Realty and dba Keller Williams Commercial Rinat K. Erlich for Cross-Defendant Wolf Baschung K. Joseph Shabani for Cross-Defendants K. Joseph Shabani and Optimus...

Excerpt: ...F. Kozak, M.D. ATTORNEYS: Plaintiff is self-represented. Mark S. Ashworth / Carissa A. Ashworth-Johnson of Ashworth & Ashworth, LLP for defendant John Craviotto, D.C. dba Craviotto Family Chiropractic Raymond L. Blessey / Sean L. Cooper of Reback, McAndrews & Blessey, LLP for defendant Scott F. Kozak, M.D. TENTATIVE RULINGS: For the reasons articulated below, the Craviotto motion for summary judgment is denied based upon the existence of numerous...

Excerpt: ...tlement Motion. This tentative ruling is being posted for the August 11, 2021 and September 22, 2021 calendars. In light of the parties' stipulation to continue to September 22, 2021 ,which has now been submitted, signed and filed – No appearance by any party/counsel is required on August 11, 2021. Defendant Haaker Equipment Co. (“Haaker”) filed a motion for summary judgment/ summary adjudication of issues on May 28, 2021 with the hearing s...

Excerpt: ...fter the surgery. Her operative First Amended Complaint, filed November 30, 2020, alleges causes of action for (1) negligence, and (2) battery. The negligence cause of action alleges that defendant failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for plaintiff, resulting in her suffering injuries and damages, including to injury to her inguinal canal, groin, leg, hip, and sexual organs. Sh...

Excerpt: ...set Recovery Group, LLC, a debt purchaser. Prior to filing this action, plaintiff acquired sole ownership of the debt at issue. Defendant is Jesus Ramirez. As alleged in the complaint, on December 28, 2017, defendant applied for and was provided an unsecured loan by LOANME, Inc. Under the terms of the loan, defendant promised to pay LOANME, Inc. all sums loaned with interest, fees, and other charges. Defendant subsequently defaulted on the loan b...

Excerpt: ...nty.santa- barbara.ca.us; [email protected]; [email protected]; [email protected]; c c Issue Motion for Determination of Legal Issues Affecting Valuation RULING For the reasons set forth herein, the Court determines that plaintiff Santa Barbara Count y subject property in connection with the determination of the value of that property. Background This is an eminent domain matter in which plaintiff Santa Barbara County Flood Control and W ...

Excerpt: ... cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so t...

Excerpt: ... Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab TENTATIVE RULING: The demurrer of defendant Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab to plaintiff's first, second, and fourth causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud (false promise) is overruled. Defendant's motion to strike the punitive damages allegations is denied. BACKGROUND: This action con...

Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...

Excerpt: ...r; Alan M. Goldberg, Law Crafters Legal Services, Inc. For Defendants and Cross-Complainants Mimi Brand and 1125 Veronica Springs Road, LLC: Jamie T. Hall, Channel Law Group TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Mimi Brand and 1125 Veronica Springs Road LLC to the first amended complaint of plaintiff Rebecca Brand is sustained, with leave to amend, as to the first, third, fourth, fifth, sixth, seventh (as ...

Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...

Excerpt: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...

Excerpt: ...n to strike, submitted by defendants Ara Baljian and Le Phuque, LLC (collectively, defendants). The court is aware that if the action is dismissed for lack of prosecution, this tentative becomes moot. Plaintiffs Gary Hauenstein and Gwen Hauenstein (collectively, plaintiffs), filed an unverified complaint on October 27, 2020, against defendants. Nationstar Mortgage Co. has since been dismissed as party. Plaintiffs advance six (6) causes of action ...

Excerpt: ...and Stephanie Dow Will Gustafson, Defendant In Pro Per Linda Gustafson, Defendant In Pro Per Grant Gustafson, Defendant In Pro Per Mark Gustafson, Defendant In Pro P OJT/Synergy Partners, LLC (not represented) TENTATIVE RULING: The motion of plaintiffs to strike the answer of defendant OJT/Synergy Partners, LLC is granted. Plaintiffs' request for attorney's fees is denied. BACKGROUND: This is an action on a promissory note. Plaintiffs are Paul Wi...

Excerpt: ...nt City Attorney, for Defendant and Cross-Complainant City of Santa Barbara Laura A. Meyerson for Defendant, Cross-Complainant, and Cross-Defendant Southern California Edison Company Mary Kay Glaspy for Defendant and Cross-Complainant Pacific Coast Tree Experts Domineh Fazel for Defendant and Cross-Defendant CN Utility Consulting, Inc. Jeffrey Leader for Defendant, Cross-Defendant, and Cross-Complainant Utility Tree Service, LLC TENTATIVE RULING:...

Excerpt: ... (2) Motion of Defendant Santa Barbara Unified School District to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP Tentative Ruling (1) For the reason...

Excerpt: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...

Excerpt: ...n to quash the subject subpoena for medical records is DENIED. 2. The motion for a protective order is GRANTED in part. The deponent is hereby ordered to produce, within 20 days:  Records pertaining to defendant's dementia from 01/01/18 to the present;  Records containing any mention of the 02/22/19 accident that is the subject of this civil action, including records relating to the deposition of defendant. To the extent that records subjec...

Excerpt: ...arrin gto Issues Motion to Compel Requests for Admission (Set Two) and Request for Sanctions; Motion to Compel Responses to Requests for Production of Documents (Set One) and Req Sanctions; Motion to Compel Responses to Special Interro gatories (Set One) and Request for Sanctio n Rulings For the reasons set forth below, the motions are GRANTED in part and DENIED in part. Sanctions are mandator y here; Plaintiff shall pa y Defendants three separat...

Excerpt: ... LLP For Defendant Eric Robert Estrada: Daniel C. Walsh, Matthew S. Jones, Freeman Mathis & Gary, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Eric Robert Estrada to strike portions of the complaint of plaintiff Brandon Mack is denied. Defendant Estrada shall file and serve his answer to the complaint on or before August 10, 2021. Background: As alleged in plaintiff Brandon Mack's complaint: On January 14, 2021,...

Excerpt: ...olved. By Minute Order dtd 01/06/21, the matter was transferred to the civil calendar. Before the Court this day is a motion by plaintiffs (landlords) to secure the deposition of defendant Lawrence Marston (tenant). For the reasons which follow, the motion to compel is GRANTED in part, and DENIED in part. Pertinent Background Here, plaintiffs served on the defense a notice of taking the deposition of defendant Lawrence Marston. That notice was se...

Excerpt: ... Inc. Marcus S. Bird for Defendant and Cross-Complainant Investec Discovery Services, LLC Lisa I. Lawrence for Cross-Defendant Earth Tek Engineering Corporation TENTATIVE RULING: The motion of plaintiff Orr Builders, Inc. for good faith settlement determination is granted. BACKGROUND: On June 16, 2017, plaintiff Orr Builders, Inc. (“Orr”) filed its complaint against defendant Investec Discovery Storage, LLC (“Investec”) for non-payment re...

Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...

Excerpt: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...

Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...

Excerpt: ...e allegations from SAC ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy & Kroes for plaintiff Judith M. Hall. Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Background: This personal injury action arises from an automobile accident which occurred on September 14, 2019, on S...

Excerpt: ...ed School District, et al.Case No. 20CV03946 (Judge Sterne) Hearing Date: July 19, 2021 Tentative Ruling: This is a personal injury arising out of a series of interactions between plaintiff and her high school teacher. the matter concerns two identical defense motions to quash or limit subpoenas issued to the Santa Barbara Police Department: Defendant Harmachis' motion to quash District's amended Santa Barbara PD subpoena, filed 03/30/21 (with op...

Excerpt: ...Nirasha Rodriguez, and Kennedy Cruz Rodriguez: Christopher M. Cotter, Jessica Farley, Snyder Burnett Egerer, LLP For Defendant Universal North America Insurance Company: Sheryl W. Leichenger, Bridget A. Moorhead, Selman Breitman LLP TENTATIVE RULING: The motion of defendant Universal North America Insurance Company for summary judgment or, alternatively, for summary adjudication is denied in its entirety. Background: Plaintiffs Jason Rodriguez an...

Excerpt: ... for breach of the written lease agreement. Before the Court this day are two defense motions seeking further responses to discovery aimed at plaintiffs' financial position. The premise behind the discovery is twofold: first, that plaintiff never had the financial wherewithal to meet its lease obligations or acquire a lucrative dental practice; and second, that plaintiff was making money through side businesses and as such fully mitigated any los...

Excerpt: ...low, the arbitration clauses cannot be enforced against a nonsignatory, and even if they could the arbitration clauses are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, an...

Excerpt: ...-defendant Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994, is denied. BACKGROUND: This action concerns a lawful commercial cannabis business. Plaintiff is Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994 (“Shumake”). Defendants are Louis Armstrong and Associates, LLC (“LAA”), Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Mic...

Excerpt: ...choose to file an amended complaint, plaintiffs shall file and serve their third amended complaint on or before August 2, 2021. (2) The motion of defendants Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., to strike portions of plaintiffs' second amended complaint is granted, without leave to amend, to strike (1) paragraphs 72 to 74 as to personal injury claims of the fifth cause of action by Aus...

Excerpt: ... verification and another seeking participation in a duly-noticed deposition. For the reasons which follow, the motions are GRANTED in part. Sitting for a Deposition Service of a notice of deposition is effective to require a party or party-affiliated witness to attend and to testify. CCP §2025.280. A party may serve written objection to the deposition notice based upon an “error or irregularity” under Article 2 of the Code. CCP §2025.410. ...

Excerpt: ...e motion was untimely. The time limits imposed by California Rules of Court, rule 3.1702 and 8.104 for filing a motion for attorney fees pursuant to Code of Civil Procedure, section 425.16(c ) do not commence to run until entry of judgment at the conclusion of the litigation, Carpenter v. Jack in the Box Corp. (2007) 151 Cal. App. 4 th 454, 468 and specifically states as p. 458, “We interpret rule 3.1702 so that the time limits imposed by the r...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion is granted as to the first, third (as modified by the Court), fourth (as modified by the Court), fifth (as modified by the Court), and sixth (as modified by the Court) proposed classes and is denied as to the second proposed class. For the reasons explained below...

Excerpt: ...ventually to defendant Morgan Stanley Mortgage Loan Trust. On November 27, 2019, Morgan Stanley Loan Trust caused a Notice of Default and Election to Sell under the $74,000 deed of trust. On March 11, 2020, a Notice of Trustee's Sale was recorded for the $74,000 deed of trust. On January 12, 2021, plaintiff submitted a Complete Loan Modification Application (“LMA”) to defendant Specialized Loan Servicing LLC, (SLS) which provided loan service...

Excerpt: ...) (Lab. Code, § 2698, et seq.). Concerned the state labor laws were not being adequately enforced, the Legislature created a mechanism to deputize “aggrieved employee[s]” to pursue civil remedies. (Kim v. Reins International California, Inc. (2020) 9 Cal.5 th 73, 81.) This procedure allows the employee to pursue civil penalties for Labor Code violations committed by the employer against all aggrieved employees. (Lab. Code, § 2699, subd. (a)...

Excerpt: ...e motions are DENIED, as are the attendant requests for monetary sanctions since both sides were sufficiently justified in asserting their respective positions. Plaintiff's in camera submission, included a sworn declaration explaining her decision-making and attributed certain matters to defense counsel herein is an ex parte communication that must be disclosed to the Defendant. The clerk of the court is ordered to immediately serve a copy of the...

Excerpt: ...Issues 1. Motion for Determination of Good Faith filed b y Truman and ALSI (to gether, “Settlin g 2. OSC re contempt against Romo Feather 3. Romo Feather's request that Fa y and its attorne y, Cher yl Chan g, be held in contempt o f Protective Order of May 5, 2021. Rulings 1. For the reasons set out below the Motion for a Determination of a Good Faith Settleme n 2. For the reasons set out below on Fa y's Motion re: contempt (A) a gainst Romo Fe...

Excerpt: ...mily Chiropractic's Motion for Summary Judgment (3) Motion of Defendant Scott F. Kozak, M.D.for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendant John C. Craviotto, D.C., dba Craviotto Family Chiropractic: Mark S. Ashworth, Carissa A. Ashworth, Ashworth & Ashworth, LLP For Defendant Scott F. Kozak, M.D.: Raymond L. Blessey, Sean L. Cooper, Reback, McAndrews & Blessey, LLP TENTATIVE RULING: (1) Plaintiff...

Excerpt: ...n M. Bernal, Nye, Stirling, Hale & Miller, LLP TENTATIVE RULING: The demurrer of defendant The Regents of the University of California to the first amended complaint of plaintiff Robin Unander is sustained with leave to amend. Plaintiff shall file and serve her second amended complaint on or before July 27, 2021. Background: As alleged in plaintiff Robin Unander's first amended complaint (FAC): Unander is a licensed attorney who worked for defend...

Excerpt: ...Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., to plaintiffs' third amended complaint is overruled. The third amended complaint is deemed amended to replace “4727” in paragraph 48 with “4742.” Defendants sh...

Excerpt: ...y pertinent, plaintiff lost that wrongful death case and suffered an adverse judgment in the amount of $20M. Plaintiff then sued her lawyer, contending in general that he failed to faithfully represent, and eventually abandoned, her in that action. Before the Court this day is plaintiff's motion to compel a further response to her RPD. For the reasons which follow, the motion is continued for further meet and confer efforts, and additional limite...

Excerpt: ...t forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee's Deed U...

Excerpt: ...ase. Plaintiff California Lutheran Homes is the owner and lessor of premises located at 3883 La Cumbre Plaza Lane, Santa Barbara, California 93105. Defendant Daketta La Cumbre, LLC is the lessee of the premises. Plaintiff and defendant are both successors-in-interest to the original parties to the ground lease. The ground lease is for 50 years, with a commencement date of October 7, 1985 and an expiration date of October 6, 2035. The original mon...

Excerpt: ... of $33,775 plus costs of suit of $721.41 to be paid forthwith. Analysis The background is very well known to the Court. On May 11, 2021, this Court granted Danaher's special motion to strike the Isla Vista lawsuit pursuant to California's Anti-SLAPP statute, Code Civ. Proc.§ 425.16. That ruling terminated this case in its entirety, and adjudicated Danaher as the prevailing party in this action. Danaher is entitled to recover her attorney's fees...

Excerpt: ...sustained with leave to amend. The motion of defendant Santa Barbara Unified School District to strike portions of plaintiff's complaint is granted with leave to amend, except as to the claim for treble damages. Any amended pleading shall be filed on or before July 16, 2021. BACKGROUND: This is an action for alleged sexual abuse of plaintiff John Doe (a pseudonym) when he was a high school student and a minor. Plaintiff alleges that he was the vi...

Excerpt: ...ndants Select Portfolio and RMBS REO Holdings to Strike Portions of First Amended Complaint RULING (1) As set forth herein, the demurrer of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the first amended complaint of plaintiff John Reed is sustained with leave to amend as to the fourth and fifth causes of action; is sustained without leave to amend as to the second cause of action; and is overruled in all other resp...

Excerpt: ...fornia 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, Alamar III, LLC, Lowry Lane, LLC, Granville Holdings, Inc., Beta Trust, and Gamma Trust: Paul R. Burns, Sol...

Excerpt: ...t 26, 2021. Triad Aviation shall file and serve its reply to the further supplemental opposition on or before September 2, 2021. Background: In these consolidated actions, plaintiffs assert claims of negligence and products liability arising out of a helicopter crash in Santa Barbara on May 5, 2017. On March 26, 2019, plaintiff Turner Conrad filed his original complaint in Los Angeles County Superior Court (the Los Angeles Action). On April 26, 2...

Excerpt: ... are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, and equipment located within” (hereinafter referred to as the “Vacation Property”). The salient terms of the lease...

Excerpt: ... preliminary injunction should not be issued prohibiting Defendants from continued operation or use of the outdoor “Sports Complex” until such time as the parties resolve their disputes amicably or this action is fully and finally litigated. The OSC is set for December 14, 2021, at 11:30 am for trial. A 3-day hearing is estimated. Plaintiff to submit an appropriate order approved as to form by counsel for Defendant. The Motion [summarized] Th...

Excerpt: ... Morgan S. Lucas of the District Attorneys' Office for the People E. Patrick Morris for defendants TENTATIVE RULING: The motion is denied. Background: This is the third in a series of motions for terminating and other sanctions filed by plaintiff People, based upon the same discovery they propounded upon defendants back in 2019. Because the matter builds on a series of matters which have been determined by the Court relative to a demand for produ...

Excerpt: ... Fox Howard, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the motion of plaintiff Santa Haven LLC for summary judgment is denied. (2) For the reasons set forth herein, the cross-motion of defendants Eric Hufford and Emily Brogan for summary judgment is ordered off calendar without prejudice. Background: On May 21, 2021, plaintiff Santa Haven LLC (Landlord) filed its complaint against defendants Eric Hufford and Emily Brogan (collec...

Excerpt: ...order regarding her upcoming deposition. As will be explained, the motion is premature, and as such the only relief which could be awarded would be the appointment of a limited purpose referee to officiate the deposition. While it seems this would be an ideal solution, without a stipulation, the evidence presented does not rise to that level. Pertinent Factual Background On 10/29/17, plaintiff commenced the within civil with a 35-page complaint n...

Excerpt: ...n of this action, upon the filing of a further appropriate motion for award of attorneys' fees. Motion: Plaintiff Nicole Nagel was successful in obtaining a reversal on appeal of the trial court's order dismissing the fraudulent transfer and conspiracy action, after it granted a motion for judgment on the pleadings. As a judgment creditor, she now seeks attorneys' fees incurred on appeal against all defendants except judgment debtors Tracy A. Wes...

Excerpt: ...laintiff Sunbelt Rentals, which is a material and equipment supplier to the construction trade, to supply materials on credit for the improvement of 3333 Avena Road. (Complaint, ¶ 6, Exh. 3.) On April 30, 2018, BMI defaulted under the terms of the contract and $19,064.32 remains due, plus interest. On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic's lien against Gwen Hauenstein, Gary Hauenstein; and (2) breach of c...

Excerpt: ...tative Ruling: This is a personal injury action against the supplier of home oxygen tanks. Plaintiff alleges in pertinent part as follows: “Plaintiff was discharged on or about October 11, 2017 with a discharge instruction to continue to use home oxygen as needed to maintain an oxygen saturation of 94% or higher. Plaintiff was given a home oxygen monitor to track oxygen saturation levels. Apria Healthcare Group Inc. ("Apria") agreed to deliver ...

Excerpt: ...court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the tele...

Excerpt: ...e in pro per TENTATIVE RULING: The demurrer is overruled, and defendants are directed to file their Answer to the First Amended Complaint on or before June 28, 2021. Procedural Background: The original unlawful detainer complaint in this matter was filed on January 12, 2021, by plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. The compl...

Excerpt: ...osian. Defendant is the Goleta Union School District (“GUSD”). On November 7, 2019, plaintiff was visiting her grandson at Kellogg Elementary School (“Kellogg”), located at 475 N. Cambridge Drive, Goleta, California 93117, when she stepped into an open trench with no protective barrier near the bike rack and fell, fracturing her left ankle. On November 8, 2019, plaintiff submitted an injury report to GUSD. On May 7, 2020, plaintiff submit...

Excerpt: ...laint is denied. BACKGROUND: This action arises out of a failed personal and business relationship between plaintiff Kenneth W. Sterling and defendant Stephanie Liu. Plaintiff and defendant first met in August 2018, when plaintiff, a divorcee, was 52 and defendant was 28. Plaintiff is the owner of Big Speak, Inc., a California corporation engaged in the business of providing speakers and leadership training to large companies. Plaintiff is also a...

Excerpt: ...osition of abandoned belongings. Before the Court this day are two discovery motions by plaintiff. The gravamen of the current dispute, which is ongoing from prior disputes, is what to make of defendant's “random sampling” of tenant files (volunteered to avoid a wholesale disclosure) in light of defendant's refusal to commit to its representativeness. While this Court can certainly understand defendant's reluctance, the proffer of a sampling ...

Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...

Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...

Excerpt: ...operty is located at the southwest intersection of Betteravia Road and the 101 Freeway. It is currently occupied by Conserv Fuel and Popeye's Restaurant. However, at the time the ground lease was acquired, the Property and most of the surrounding land was farmland with little development. In 1971, GDC secured a sublease with Texaco to operate and rent a service station to be constructed on one parcel of the Property (the “Texaco Sublease”). A...

Excerpt: ...Taylor for Defendants Eric Hufford and Emily Brogan TENTATIVE RULING: Defendants' motion to quash service of the summons and complaint for unlawful detainer is denied. Defendants shall file and serve their answer to the complaint on or before June 18, 2021. BACKGROUND: This is an unlawful detainer action involving residential real property. Plaintiff Santa Haven, LLC is the owner of real property located at 121 Burton Circle, Santa Barbara, Calif...

Excerpt: ... Granet, Claire K. Mitchell, Rimon, P.C. For Defendants Randall Quaid and Evgenia Quaid: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Randall Quaid and Evgenia Quaid for summary judgment on the complaint of plaintiffs R. Scott Turicchi and Lannette C. Turicchi is denied. Background: On November 25, 2019, plaintiffs R. Scott Turicchi and Lannette C. Turicchi filed their complaint in this action. The...

Excerpt: ...nett Sween, Jackson Lewis P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff James Gribble for final approval of this class action settlement is granted. The court confirms its preliminary approval of the settlement as final, approves for payment attorney fees in the amount of $152,760.00, approves for payment litigation expenses of $8,480.93, and approves for payment of an incentive payment to plaintiff Gribble in t...

Excerpt: ...e, Jessica Phillips, Maho & Prentice, LLP For Defendant Seacoast Village Homeowners Association: Jessica Saldo, Mark R. Weiner & Associates For Defendant City of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant City of Carpinteria to the complaint of plaintiff Kelly Perez is overruled. Defendant City shall file and serve its answer to th...

Excerpt: ...ntiff Ventura County Employees' Retirement System Emily T. Gardner, Principal Assistant County Counsel, for Defendant County of Ventura TENTATIVE RULING: The Demurrer of Defendant County to plaintiff's second cause of action for declaratory relief is sustained without leave to amend. BACKGROUND: Plaintiff Ventura County Employees' Retirement Association (“VCERA”) is a public entity retirement system established by defendant County of Ventura ...

Excerpt: ...e followed immediately, as appropriate, with a second phase of trial to address the remaining issue of alter ego liability. Background: Plaintiff Russell Steiner, Trustee of the R. C. Steiner Living Trust dated April 14, 2009, (Steiner) is a SantaBarbara resident. Defendant Tenpenny Construction Company, Inc. (TCC) is a general building contractor.Defendant Donald Stanley Tenpenny (Tenpenny) is the Chief Executive Officer and President of TCC. On...