Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

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

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

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

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

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...

Excerpt: ...the pre-filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding jud...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...

Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...

Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...

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

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

Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...

Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...

Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...

Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...

Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...

Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...

Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...

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

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

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

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...

Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...

Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...

Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...

Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...

Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...

Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...

Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...

Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...

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

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

Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) were served with the unlawful detainer complaint in early January 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...

Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...

Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 2023 Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbre Ranch Living Trust dated J...

Excerpt: ...Defendants Jock M. Sewall and J.M. Sewall & Associates: Louis R. Chao, Brian K. Stewart, Collins + Collins LLP TENTATIVE RULING: Defendant's motion is denied. Background: Plaintiffs Thadias B. King (Mr. King) and Terri S. King's (Mrs. King) (collectively, the Kings) complaint filed on February 11, 2021, alleges two causes of action for professional negligence and negligent misrepresentation against defendants J.M. Sewall & Associates (JMSA) and J...

Excerpt: ...A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Marcus S. Bird, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rische, Leena Sheet, Office of the California Attorney General For Defendant Intervenor Gaviota ...