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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ...owned residential property at 550 Paso Robles Drive, in Santa Barbara, and have access to that property from Paso Robles Drive. To the rear of their property is a roadway owned by defendant Westmont (Road Parcel), which provides multiple properties with access to Stoddard Lane, including some which have Stoddard Lane addresses. In 2006, the DiBartolomeos were granted an easement over the Road Parcel by Westmont, in order to access the rear of the...

Excerpt: ...oss-Complainant Anthony Valney: Jordan D. Hankey TENTATIVE RULING: For the reasons set forth herein, the special motion to strike of cross-defendant Kathleen Ousey is granted in part and denied in part. As detailed herein, the motion is granted to strike from paragraph BC-2 of the cross-complaint of cross-complainant Anthony Valney the allegation, “When Ousey learned of this, she caused to be filed a Request for Elder Abuse Restraining Order ag...

Excerpt: ...nterprises, Inc., and Taco Bell Corp.: Steven D. Levine, Law Office of Craig A. Holtz TENTATIVE RULING: (1) For the reasons set forth herein, the general and special demurrers of defendants Payatt Enterprises, Inc., and Taco Bell Corp. to the complaint of plaintiff Tasha Pitsenbarger are overruled in their entirety. (2) For the reasons set forth herein, the motion of defendants to strike portions of plaintiff's complaint is denied in its entirety...

Excerpt: ...e Code section 11711. It alleges that as a condition of obtaining a license form the California DMV to sell vehicles, DEM was required by Vehicle Code section 11710 to obtain, and did obtain, a surety bond in the amount of $50,000 from CorePointe Insurance LLC dba CorePointe Insurance Company (CorePointe). CorePointe issued Dealer Surety Bond No. 60041, effective 2/5/13, to DEM, and this surety bond was in effect on the date of the incidents alle...

Excerpt: ...kground: Petitioners Jack Wall and Wall Family Trust are the owners of a 101.95-acre parcel of real property within Hollister Ranch and identified as Hollister Ranch Parcel 36 (APN 083-670-011) (the Property) in Santa Barbara County. (Administrative Record [AR] 3 [the point citation reference is to the AR page number with leading zeros omitted].) (Note: The exact designation of ownership is not specified in the moving papers. The Wall Family Trus...

Excerpt: ...njunctive relief is granted. BACKGROUND: This is an action for alleged conversion of funds. Plaintiffs are Mark Schaub and his limited liability company, TLG Ltd. Defendants are Andrew Waters and his limited liability company, FCP Corporate Ltd. Schaub and Waters are long-time friends and business associates. In July 2019, approximately $1.9 million in funds belonging to plaintiffs were transferred to two separate accounts controlled by defendant...

Excerpt: ...On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the original complaint alleged that he formerly was an owner of the property at 6653 Del Playa Drive, and that he (along with other defendants alleged to have been, at various times, owners of that property) caused to be built, installed, repaired, maintained, a...

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: ...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: ...b y GRANTED. Court draws from the parties' lists and assembles the list of five proposed arbitrators as follows:  Hon. Patricia Schnegg (ret)  Hon. Frank Ochoa (ret)  David Tedesco, Esq.  Ray Madison, Esq.  Victoria Lindenauer, Esq. The parties are ordered to either select one individual from this list to act as the appointe d arbitrator, or to strike one name from the list, leavin g this Court to make the final selectio n from the...

Excerpt: ...ent Debtor; Request for Monetary Sanctions RULING Plaintiff's motion to compel defendant to respond to the document subpoena and to produce all responsive documents without objection is granted. Plaintiff is awarded monetary sanctions in the sum of $3,060. BACKGROUND Plaintiff Partners Personnel-Management Services, LLC is a limited liability company engaged in the business of providing temporary labor to businesses. Defendant Tricap Internationa...

Excerpt: [email protected]; Issues Plaintiff's Motion to Compel Deposition of Defendant [Filed 4/27] Defendant's Motion for Protective Order [Filed 5/7] Ruling For the reasons set out below plaintiff's motion to compel is DENIED, defendant's motion for a protective order is GRANTED, but the concomitant request for monetary sanctions is DENIED. Analysis This is a personal injury action stemming from an automobile accident. Before the Court this da...

Excerpt: ...sue Demurrer of Defendants Humberto Alcaraz Paz dba Alcaraz Delivery Service and J. Abel Arevalo Garcia to Complaint; Motion for Change of Venue of Defendants Humberto Alcaraz Paz dba Alcaraz Delivery Service and J. Abel Arevalo Garcia RULING The demurrer of defendants J. Abel Arevalo Garcia and Humberto Alcaraz Paz dba Alcaraz Delivery Service to plaintiff's complaint for misjoinder of parties is sustained with leave to amend. Any amended pleadi...

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: ...n. The court will address the stated objections, each in turn. The parties are expected to appear at the hearing and provide further direction for the stipulated-to in camera review. The court suggests that the in camera review move forward and be limited to review for documents that are protected by the absolute attorney work product. 1. Attorney-Client Privilege Pursuant to Evidence Code section 953, the holder of the attorney-client privilege ...

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: ... that defendant filed a reply to each motion on May 18, 2021. Usually, this would be sufficient to permit review of the merits. But things are not as they appear. Code of Civil Procedure section 1005 requires that motions be served “and filed” at least 16 court days before the hearing (extended for service). (Code Civ. Proc., § 1005, subd. (b).) This timing requirement applies to both demurrers and motions to strike. The statute permits a tr...

Excerpt: [email protected] ISSUE Demurrer of Defendant to Complaint RULING For the reasons set forth herein, the demurrer of defendant Young Brothers Construction Company to the complaint of plaintiff KHP IV Santa Barbara, LLC, is sustained with leave to amend. Plaintiff shall file and serve its first amended complaint on or before June 9, 2021. Background As alleged in plaintiff's complaint: On September 13, 2019, plaintiff KHP IV Santa Barbara, LLC (KHP...

Excerpt: ...MB are currently in bankruptcy proceedings pending in the United States Bankruptcy Court for the Central District of California, Northern Division bearing Case No. 20-bk-11208-MB (“FMB's Bankruptcy Case”) and Case No. 20-bk-11263-MB (“Jaime's Bankruptcy Case”). Plaintiff obtained relief from the automatic stay in the FMB Bankruptcy Case for the express purpose of proceeding with this collection action. Plaintiff loaned FMB $750,000 on Jul...

Excerpt: ... Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Steinfeld, Beth A. Collins, Brooke M. Wangsgard, Brownstein Hyatt Farber Schreck, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Petition For Writ of Mandate; Petitioner contends that Co...

Excerpt: ...iams for Plaintiffs Bosim and BM-CPC Tentative Ruling: This is a putative class action suit for alleged wage/hour violations occurring in the cannabis cultivation industry. At issue is a defense motion to compel arbitration of plaintiff's individual claims, and stay litigation of plaintiff's representative PAGA claim. The motion to compel is granted in part. The evidence does not support waiver, illegality or unconscionability. Thus, plaintiff's ...

Excerpt: ...erence is scheduled simultaneously with the hearing on this motion, and the parties should be prepared to discuss the time necessary to conclude all remaining discovery and possible trial dates for the easement related issues. No award of costs of defense of the new claims will be made. Background: Plaintiff Arthur Joseph LaCerte Survivor's Trust dated July 11, 2018 (Trust), through Cotrustees Arthur Joseph Lacerte and Dominique R. Lacerte (the L...

Excerpt: ...t) filed its petition for workplace violence restraining orders pursuant to Code of Civil Procedure section 527.8 against respondent Amanda Rowan. (Note: District's name as set forth in paragraph 1a of the petition contains a typographic error omitting the letter “a” from the word “Elementary,” which error has been carried over into the title of the case in documents filed with the court.) Rowan is a parent of a student at District's scho...

Excerpt: ...nded complaint, she may do so on or before June 4, 2021. Background: On April 6, 2018, plaintiff Lynn Behrens Zimmerman, individually and as executor of the estate of Clarke Paxton, filed her original complaint in this action. The complaint asserts eleven causes of action: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. § 1692f(6)); (4) wrongful foreclosure; (5) violation of the Californ...

Excerpt: ... and constructive discharge from employment. Plaintiff is Chelsea Herzog. Defendants are plaintiff's former employer, NuSil Technology, Inc. and her former supervisor, Michal Wadsworth. On January 19, 2021, plaintiff brought a motion to compel NuSil's Person Most Knowledgeable, Carrie Flood, to submit to a third deposition session, claiming that Ms. Flood was not prepared to testify on the issues for which she was designated and did not produce d...

Excerpt: ...od and Andra A. Macleod (plaintiffs) allege that on July 12, 2019, they applied for a conventional adjustable-rate refinance first-lien position mortgage loan in the principal amount of $1,125,000 in order to consolidate some of their existing debt, and provide a substantial amount of cash-out. They allege that they were misled by a bait-and-switch tactic used by defendants North Capital Mortgage (North Capital) and Ajay Khatri (Khatri), and rece...

Excerpt: ...y Church, et al.Case No. 1487319 (Judge Sterne) Hearing Date: May 24, 2021 Matter: Motions (4) to Compel Discovery Responses filed by the defense Tentative Ruling: This is a personal injury action involving allegations of clergy sexual abuse. Before the Court this day are four defense motions, seeking further responses from plaintiffs regarding ordinary information about ongoing ailments associated therewith. The motions are GRANTED in part, and ...

Excerpt: ...s one of two consolidated personal injury actions stemming from a multi-vehicle collision occurring on Highway 101 near Goleta on 04/27/18. Before the Court this day is a defense motion in the related action (18CV06112) for a mental examination of plaintiff Balcazar, based on her putative claims of mental injury caused by a defect in the design of the 2017 Ford Focus she was driving at the time. Plaintiff concedes defendant's right to a mental ex...

Excerpt: ...tion about those in the gym's control group. Plaintiff's motion to compel from defendant Banos disclosure of his home address is GRANTED in part. This Court finds that, on balance, plaintiff's interest in the information outweighs defendant's privacy interests therein, but that the information must be provided “off the record” as defense counsel offered within 20 days. Sanctions are denied. Plaintiff's motion for further responses to SRogs No...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

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: ...ault. Emails: [email protected]; [email protected]; rhys.boyd- [email protected] HEARING Demurrer by defendant State of California to Fourth Cause of Action Motion to strike by defendant State of California RULING The demurrer is sustained, with leave to amend on or before June 8, 2021. As a result of the ruling on the demurrer, the motion to strike is moot. ANALYSIS Complaint: Plaintiffs Lin Lin and Levi Liu are the surviving heirs of d...

Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...

Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...

Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...

Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...

Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...

Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; Issue Motion for Summary Judgment or Alternatively Summary Adjudication. Ruling For the reasons set out below the Motion for Summary Judgment is DENIED. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. But you kept it remarkably straightforward. Analysis The u...

Excerpt: ...holz Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Radius' Motion for Good Faith Settlement Ruling The motion for Good Faith Settlement is GRANTED. Analysis The Court acknowledges and appreciates the professional work done by counsel in this motion.[1] The case has been contentious at times. The Radius Motion [Sum...

Excerpt: ...attorney fees and costs in a subsequent motion to be promptly filed. Analysis Synopsis: This is Landlord-Tenant litigation; Landlord provides rental units to students at the University of California in Isle Vista; the Subject Property here was a 3-bedroom unit with loft; was rented to 12 students includin g Tenant; student(s) slept in the loft; unit was red-tagged because it violated the law; because of that Tenant's lease was terminated by Landl...

Excerpt: ...nts) Filed September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing s...

Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...

Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...

Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...

Excerpt: ...ey: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...

Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...

Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...

Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...

Excerpt: ...aintiff United Financial Group filed a verified complaint against White Lightening Transport, LLC, John Rance, Haul Masters, Dilraj Singh, and the Department of Motor Vehicles (Case NO. 20CV02176) alleging causes of action for (1) quiet title, (2) trespass to chattel, (3) conversion, (4) breach of written contract, and (5) declaratory relief. The complaint alleged that defendants Rance and White Lightening entered into a written loan agreement wi...

Excerpt: ...p.com; [email protected]; [email protected]; [email protected]; [email protected]; HEARING (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Third Amended Complaint (2) Motion of Defendants Michael Corrigan and Corrigan & Company to Strike Portions of Third Amended Complaint RULING (1) For the reasons set forth herein, the demurrer of defendants Michael Corrigan and Corrigan & Company to the third amended complaint is over...

Excerpt: ...linedinstlaw.com Issue Plaintiff's motion for a protective order; requests that: 1. Defendants and their counsel produce their PMQ for a second session of deposition at their own expense. 2. Defendants and their counsel to refrain from instructing Defendants' PMQ to not answer questions not involving privilege or work product as discussed in Plaintiffs' motion. 3. Defendants and their counsel to pay monetary sanctions in the amount of $5,400. Rul...

Excerpt: ...given one more chance to comply. Delaney's responses are due by May 11, 2021. The Case Management Conference will be called at 10 along with the L&M matter. Analysis[1] This case is set for an 8-day jury trial on June 29. 2021; MSC 64/21; time is of the essence. This motion involves issues of consequence; the Court has devoted time to it. The WP Motion The 131-page motion was filed 3/15/21; [summarized]; moves for an Order Compelling Further Resp...

Excerpt: ...nses were submitted to the defense prior to the hearing. Defendants may refile depending on what the responses are. Since criminal charges are pending against Brown, his responses are stayed pending resolution of the criminal case. Sanctions are denied. All discovery cutoff dates including expert witness designation dates are set off against the new trial date of August 31, 2021. Analysis This case was filed in 7/2019. This is a complaint for mon...

Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...

Excerpt: ...or 11/5/21; time is of the essence. Plaintiff's 72-page motion was filed 3/4/21 and set for 4/27/21. The Court summarizes the motion: Barnett moves the Court for an order compelling Extreme Air to provide and serve further and complete responses to the following sets of discovery requests per California Code of Civil Procedure as Extreme Air provided incomplete and non- code compliant responses and document production: 1. Form Interrogatories –...

Excerpt: ...grouplaw.com; c yru Issue Plaintiff's Motion To Compel Deposition of Student X and Request for Sanctions RULINGS 1. On or before Ma y 5, 2021, SBCC shall disclose Student X's contact information, to the P deposition subpoena; 2. The scope of the deposition shall be limited to the issues which the Court characterized a 3. Student X does not have to give her name on the record, and she can simpl y be referred will not have to appear at the trial in...

Excerpt: ...e 1. Motion for Summary Judgment or Alternatively Summary Adjudication. 2. Case Management Conference [“CMC”] – will be called at the 10am calendar. Ruling For the reasons set out below Granger's Motion for Summary Judgment is GRANTED. The CMC is off calendar. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. Analysis The verifie...

Excerpt: ...described as “ADA Multi Trade” at Arbor Square Apartments, located at 800 North G Street, Lompoc, California (“Project”) for the price of $453,622.00. On or about July 16, 2020, Wilshire sent a “Notice of Termination” to Build It, terminating the Subcontract. At that time, there existed a past due balance of payments owed to Build It for the Project, which Wilshire has failed to pay. The FAC contains the following causes of action: (1...

Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...

Excerpt: ...for monetary sanctions by both sides are denied. BACKGROUND This is an action for personal injuries arising out of a motor vehicle collision. Plaintiff is Pedro Gomez (“Gomez”). Defendants are Anthony Cox (“Cox”) and EAN Holdings, LLC (“EAN Holdings”). As alleged in the complaint, on June 18, 2017, Gomez was traveling northbound on U.S. Highway 101 in the County of Santa Barbara and had come to a complete stop behind traffic when his ...

Excerpt: ...bara and Board of Supervisors of the County of Santa Barbara: Michael C. Ghizzoni, Lina Somait, Office of the County Counsel For Real Parties in Interest Santa Barbara Westcoast Farms, LLC, and Scott Rudolph: A. Barry Cappello, Lawrence J. Conlan, Wendy D. Welcom, Cappello & Noel LLP; Deborah M. Rosenthal, Fitzgerald Yap Kreditor LLP HEARING (1) Demurrer of Real Parties to First Amended Petition (2) Motion of Real Parties to Strike Portions of Fi...

Excerpt: ...rtions 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 reasons set forth herein, the demurrer and motion to strike of defendant Matef H...

Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...

Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...

Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...

Excerpt: ...mu l Issue Motion for Summary Judgment or Alternatively Summary Adjudication Ruling For the reasons set out below the Defendants' Motion is GRANTED. There is an Order su b that the Court intends to sign. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] T has been contentious; at times acrimonious. Analysis Summary judgment is appropriate where there is no triable issue as to any materia...

Excerpt: ...ings, Inc.: Steven M. Dailey, Rebecca L. Wilson, Kutak Rock LLP Emails: [email protected]; [email protected]; [email protected] RULING (1) As set forth herein, the general and special demurrers of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the complaint of plaintiff John Reed are sustained with leave to amend. Plaintiff Reed shall file and serve his first amended complaint on or befor...

Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...

Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...

Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...

Excerpt: ...r before April 22, 2021. The deadlines for filing and service of opposition and reply to the motion are as set forth in Code of Civil Procedure section 1005, subdivision (b) based upon the May 14 hearing date. Background: On December 30, 2013, plaintiff Alek Haimovici filed his original complaint for breach of contract and conversion of security deposit in this limited civil case. Haimovici's counsel of record is attorney Stuart J. Zajic, whose p...

Excerpt: ...te McWeeney was employed by Mr. Gelb as property manager of the properties and was responsible for overseeing maintenance and repair requests, showing rental units to prospective tenants, and collecting rent from existing tenants, among other tasks. When plaintiff purchased the properties, it hired defendant to continue her pre- existing duties as property manager. On June 23, 2018, plaintiff terminated defendant after she was observed removing c...

Excerpt: ...obert Stiglmier's first amended complaint (FAC): On October 20, 2019, Stiglmier was the subject of a traffic stop that took place on the sidewalk at 5710 Hollister Avenue, Goleta, at 11:45 p.m. (FAC, ¶ 15.) Stiglmier was stopped for allegedly riding a bicycle on the sidewalk, having no light devices on the bicycle at night, and misappropriation of lost property, i.e., the bicycle Stiglmier was riding. (FAC, ¶ 16.) Stiglmier cooperated with defe...

Excerpt: ...tasked by the Business Committee to oversee and operate all tribal businesses, issued Resolution No. EB-15 declaring that the pandemic “is causing harm to people and the natural environment”, and that there “is an increasing occurrence of COVID-19 in California, Santa Barbara County, and the Santa Ynez Valley, which is causing physical loss or damage to property on or near tribal lands, including, without limitation, the Chumash Casino and ...

Excerpt: ...; [email protected]; MATTER Plaintiff's Motion to Compel Further Responses to Special Interrogatories and Request for Production of Documents; Request for Monetary Sanctions RULING Plaintiff's motion for order compelling defendants to provide further responses to special interrogatories and request for production of documents is granted in part and denied in part. Defendants' further responses and all responsive documents shall be provided on or be...

Excerpt: ... September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing several att...

Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...

Excerpt: ...cted the amount due, owing, and unpaid as $5,254.58. The parties settled the action in September 2019, through execution of a Stipulation for Conditional Entry of Judgment. Pursuant to the settlement agreement, plaintiff would accept payments from defendant totaling $3,600, consisting of the $5,254.58 in total principal at the time of suit, $283.13 in court costs, and settlement forgiveness totaling ($1,937.71). Defendant would make monthly payme...

Excerpt: ...April 23, 2021. The hearing on this matter is continued to April 30, 2021, at 10:00 a.m. Background: As alleged in plaintiffs' first amended complaint (FAC): 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. (FAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible ro...

Excerpt: ...n Management Specialists, and Troy Mounts, MD Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion of the non-party witnesses to quash the deposition subpoenas for personal appearance and production of documents is granted, in part. Movants are onl y required to produce those medical and billin g documents and records in their possession, custody, and control relating to ...

Excerpt: ...Brisbois Bisgaard & Smith LLP for defendants Norma Demonteverde, Rodolfo Demonteverde, Rhoda Ann Demonteverde, and Homecare Casa Rhoda 123, Inc. John A. Reyes / Lauren John Udden for cross-complainant Homecare Casa Rhoda 123, Inc. Emails: [email protected]; [email protected]; [email protected] RULING The motion is granted. Background Plaintiff Karen Dacome filed her complaint on June 13 2019, alleging twelve cause...

Excerpt: ... Santa Barbara Unified School District to Strike Portions of Complaint (3) Demurrer of Defendant Matef Harmachis to Complaint (4) Motion of Defendant Matef Harmachis 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 Harmachi...

Excerpt: ... Jean Nary and Kevin Russell Nary to Strike Portions of the Complaint ATTORNEYS: For Plaintiffs and Cross-Defendants Montecristo #1 Living Trust UTD 9/24/2015 and Montecristo #2 Living Trust UTD 9/24/2015 and Cross-Defendants Hugo Roberto Garcia and Marciel Gabriela Hines: John J. Thyne III, Lacy L. Taylor, Thyne Taylor Fox Howard, LLP For Defendants Laura Jean Nary and Kevin Russell Nary and Defendant and Cross-Complainant Butterfly Lane Condomi...

Excerpt: ...thew H. Aguirre, Kirby & McGuinn, APC Emails: [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the motion of defendants Fay Servicing, LLC, and U.S. Bank for summary judgment or alternatively for summary adjudication is denied in its entirety. Background Plaintiff Romo Feather, Inc., (Romo) is the holder of title to real property located at 670 Romero Canyon Road, Montecito (the Property). (P...

Excerpt: ...vidually and dba Arnett Gunson Facial Reconstruction, G. William Arnett, DDS, individually and dba Arnett Gunson Facial Reconstruction, and Lori Heinze, PA Emails: [email protected]; [email protected]; [email protected]; bowen@hhc- slo.com RULING The motion for summary judgment of defendant G. William Arnett, DDS is granted. The motion for summary adjudication of defendants Michael J. Gunson, MD, DDS, individually and dba Arnett Gunson Facial Reconst...

Excerpt: ...ve for plaintiff to file a First Amended Complaint on or before Monday, March 29, 2021. Background: Plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. It filed the current complaint for at-fault just cause unlawful detainer on January 12, 2021, related to premises located 98 So. Patterson Ave., Unit 205, which the complaint alleges is wi...

Excerpt: ...(3) Motion of Defendants for Release of 318-320 West Valerio and 626 West Cota Properties from Receivership (4) Motion of Receiver to Terminate Receivership Estate over 318-320 West Valerio and 626 West Cota Properties and for Final Accounting ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wrigh...

Excerpt: ...djevic Benjamin C. Wohlfeil for Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich Emails: [email protected]; [email protected]; [email protected] RULING The four motions of defendants to compel further depositions of plaintiffs Joi Stephens, John Stephens, Ryan Chacon, and Alexandra Djordjevic are granted as set forth herein. The request for monetary sanctions is denied. BACKGROUND This is a legal malprac...

Excerpt: ...ie B. Dennis for Defendant J-M Manufacturing Company, Inc. Farah S. Nicol for Defendant Union Carbide Corporation Barry R. Schirm for Defendant Kelly-Moore Paint Company, Inc. TENTATIVE RULING: The motion of defendant Kelly-Moore Paint Company, Inc. to strike the portions of plaintiff's complaint for punitive damages is denied. BACKGROUND: This is an action for personal injuries resulting from exposure to asbestos. As alleged in the complaint, pl...

Excerpt: ...le of the State of California: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the District Attorney For Defendants Summerland Market, Inc., Elian Mtanous Hanna aka Louie Hanna: E. Patrick Morris TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for an award of discovery sanctions is granted in part and denied in part. The motion is granted to award monetary sanctions ...