Excerpt: ...ATTORNEYS: For Plaintiffs Nicholas Lewis, individually and as guardian ad litem for Philip Jaworski: Garry M. Tetalman, Lauren John Udden, 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: (1) The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., plaintiffs' second amend...

Excerpt: ...supplemental information on or before March 29, 2021. Plaintiff shall provide defendant with notice of the contents of this ruling, and of the continued hearing date, forthwith. Background: This is a collections action, which was settled between the parties on September 14, 2018. The parties entered into a Settlement Agreement, in which defendant Angela Lopez stipulated that she owed plaintiff the sum of $3,291.87, agreed to make payments of $100...

Excerpt: ...redit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney's fee...

Excerpt: ...vide the requisite 45 days' notice. BACKGROUND: Plaintiff La Casa De La Raza (“La Casa”) is a nonprofit corporation and the owner of real property located at 601 E. Montecito Street, Santa Barbara, California 93013 (the “Property”). Defendant Tomas Castelo (“Castelo”) is one of the original founders of La Casa and the owner of defendant MLG Leasing, Inc. (“MLG”). In 2015, La Casa obtained a loan in the amount of $440,000.00 from F...

Excerpt: ...fendants to First Amended Complaint RULING For the reasons set forth herein, the demurrer of defendants Bolling Ventures, LLC, and Andrew Bolling to the first amended complaint of plaintiff Chuck Rylant is sustained, with leave to amend, as to each cause of action therein. Plaintiff shall file and serve his second amended complaint on or before March 24, 2021. Background As alleged in plaintiff's first amended complaint (FAC): Defendant Bolling V...

Excerpt: ...RING Demurrer of Defendants to Eighth Amended Complaint RULING On the Court's own motion (Code Civ. Proc., § 436, subd. (b)), the Court strikes the demurrer of defendants for failing to comply with the mandatory pre-filing meet-and-confer requirement of Code of Civil Procedure section 430.41, subdivision (a), and for failing to file a declaration regarding compliance with such requirement with the demurrer. Hearing on the demurrer is therefore o...

Excerpt: ...er TENTATIVE RULING: Plaintiffs' application for order to show cause (OSC) re contempt is granted as set forth herein. BACKGROUND: Plaintiff David G. Bertrand (“Bertrand”) is the owner of multiple residential properties in Santa Barbara, California. Plaintiff Dorothy Churchill-Johnson (“Churchill-Johnson”) is Bertrand's business manager. For many years, defendant Jessica Berry (“Berry”) rented one of Bertrand's residences and occasion...

Excerpt: ...a E. McCarthy for Plaintiff Judith M. Hall Jennifer L. Russell for Defendant Javier Jonathan Antunez Eve Korff for Defendant Esther Emiko Trejo-Takembaiyee Rory D. Leos for Defendant Talitha G. Blackwell TENTATIVE RULING: Plaintiff's motion to compel defendant Esther Emiko Trejo-Takembaiyee to provide further responses to Form Interrogatories, Set One, is granted as set forth herein. Defendant's further responses shall be provided on or before Ma...

Excerpt: .../ Stephen Parnell of Law Offices of Adam Zolonz, APC, for plaintiffs Alexandro Filippini and Iaian Filippini Soheyl Tahsildoost of Theta Law Firm, LLP for defendant Tesla, Inc. TENTATIVE RULING: For the reasons set forth below, the demurrer to the FAC is overruled with respect to the first cause of action, and sustained, with leave to amend, with respect to the third and fourth causes of action. Plaintiffs may file an amended pleading on or befor...

Excerpt: ...uling: The court sustains, in part, and overrules, in part, defendants City of Santa Barbara and Lori Luhnow's demurrer to plaintiffs' first amended complaint. The court sustains the demurrer to the first, fourth, and fifth causes of action without leave to amend. The court overrules the demurrer to the second and third causes of action. Background: Plaintiffs Committee for Social Justice (Committee), Linda Trevino, Bradley Beach, Patricia West, ...

Excerpt: ...amend, to the third amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. Background: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law ...

Excerpt: ...ortions of property located at 6663 Del Playa Drive (owned by plaintiffs), and 6653 Del Playa Drive, in the Isla Vista area of Goleta, failed and collapsed onto the beach below. 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 complaint alleged that he formerly was an owner of the property at 6653 Del Play...

Excerpt: ...er to the date of payment, December 16, 2020, in the amount of $59,343.87. The court will award plaintiffs Erikka Skinner and Ann Kenney $106,110 in attorney fees for appellate counsel's work on the appeal, $16,975 in attorney fees for the motion, and costs of $2,129.59. The parties may address this portion of the ruling at the March 5 hearing. The court continues the hearing to March 19, 2021, at 10:00 a.m., solely for consideration of the amoun...

Excerpt: ...ction Company, Inc. is a general building contractor. Defendant Donald Stanley Tenpenny is the Chief Executive Officer and President of Tenpenny Construction. On December 19, 2016, plaintiff entered into a written agreement with Tenpenny Construction for construction of a custom-built home located at 1425 Mission Ridge Road, Santa Barbara, California 93103. Plaintiff alleges that Tenpenny Construction breached agreement by, among other things, fa...

Excerpt: ...espondent State Farm Mutual Automobile Insurance Companies: Stephen C. Pasarow, Karie E. Schroder, Knapp, Petersen & Clarke Emails: [email protected]; [email protected]; [email protected] HEARING (1) Motion of Petitioner to Compel Arbitration (2) Motion of Petitioner to Compel Responses to Special Interrogatories, Set One (3) Motion of Petitioner to Compel Responses to Form Interrogatories, Set One (4) Motion of Petitioner to Compel Responses to R...

Excerpt: ...d Motion for Sanctions Ruling The Court denies plaintiff Tine F. Sloan's motion to compel further responses to plaintiff's requests for production of documents, set one, as moot and not directed to the amended responses served the day before the motion was filed. The Court orders plaintiff Tine F. Sloan's counsel to pay, on or before March 16, 2021, a monetary sanction in the amount of $1,000 to defendant Gregg Patronyk's counsel. Background Plai...

Excerpt: ...e – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: Defendant's motion to strike portions of the complaint alleging consequential, or delay, damages is denied. BACKGROUND: This is an action for alleged negligence by a design professional. Plaintiff RTA Carneros Village – Phase II, LLC, is the owner of Building 100 and Building 200 of an apartment complex project located in Goleta, Californ...

Excerpt: ...ntative Ruling: The court grants, in substantial part, plaintiff Jonas Svensson's motion to compel production of documents and orders defendant iO73 Investments, Inc. to, on or before March 22, 2021, provide further responses to and produce documents responsive to demands for production, set one, ##38-43, 47-63, 68-71, 73, 78, 80, and 81, consistent with this ruling. The court is not granting the motion with respect to demands ##74, 75, and 83. T...

Excerpt: ...otion to strike allegations of FAC Hall motion for protective order and to modify or quash SDTs served by Trejo-Takembaiyee 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 Jennifer L. Russell / David H. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Ho...

Excerpt: ...tainer 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 numerous series of 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 Addendum to the lease. Plaintiff referred defendant to the Home ...

Excerpt: ... as to privilege and in a form complying with the Code of Civil Procedure, to special interrogatories Nos. 40 through 46, subject to the court's protective order. In all other respects, including all requests for sanctions, the motion is denied. (2) As set forth herein, the motion of plaintiff to compel further responses to special interrogatories from defendant Donald Stanley Tenpenny is granted in part and denied in part. On or before March 15,...

Excerpt: ... against defendants Rok Solid Exploration & Recovery, LLC, and Johnathan Kendrick. Plaintiff alleges: Rok Solid entered into a written contract with Aqueous to perform subsea services in connection with Rok Solid's venture to recover gold from a sunken ship off the California coast near Oceanside. Aqueos perfomed those services and the unpaid balance of the amounts charged is $185,449. Aqueous alleges that Rok Solid is the alter ego of Kendrick. ...

Excerpt: ...of defendant Avco Corporation to quash service of summons as to plaintiff Turner Conrad is continued to April 30, 2021. The court will not resolve the motion at that time, but will set a further date at that hearing. (3) As set forth herein, the court grants the motion of defendant Avco Corporation to file under seal the documents now lodged with the court conditionally under seal on February 4, 2021, consisting of exhibits 5, 6, and 7 to the dec...

Excerpt: ...tember 14, 2019 on State Route 154. Plaintiff was a passenger in a vehicle operated by Enrique Calderon-Mendez. Defendant Javier Jonathan Antunez was the operator of a vehicle owned by defendant Esther Emiko Trejo-Takembaiyee and in which Trejo-Takembaiyee was a passenger. The accident occurred when the Antunez vehicle crossed over the double yellow line and collided with the Calderon-Mendez vehicle in which plaintiff was a passenger. A third veh...

Excerpt: ... Plaintiff alleges that she is disabled and that she was harassed, discriminated against, and constructively terminated by defendants because of her disabilities. On June 27, 2019, plaintiff filed her complaint, alleging eighteen causes of action, including claims for actual and perceived disability harassment, discrimination, and retaliation in violation of Government Code Section 12940 et seq., failure to accommodate, intentional infliction of ...

Excerpt: ...David P. Ramirez / Richard D. Seely of Tyson & Mendes LLP for Intervenor Seneca Specialty Insurance Company, on behalf of defendant Irontown Housing Corporation, Inc., a suspended California corporation. ISSUES Demurrers; Motion to Strike RULINGS For the reasons explained below, the demurrers are sustained, without leave to amend as to the second cause of action for recovery of compensation paid to an unlicensed contractor, and are sustained, wit...

Excerpt: ...with leave to amend on one ground only, directing petitioner to remove the Planning Commission as a party from this lawsuit (as to both causes of action), as it was involved only in preliminary determinations. The court overruled all other grounds advanced by respondents, for the reasons detailed in that order. Petitioners filed a second amended petition for writ of mandate, complying with the court's order, but adding a third cause of action for...

Excerpt: ...com; [email protected]; [email protected]; Cali.Law- [email protected]; [email protected]; Issue Motion to Compel Records and Request for Sanctions Ruling The Court grants, in part, defendant County of Santa Barbara's motion to compel further responses to special interrogatories, requests for production, and requests for admissions. The Court orders plaintiff Isabel Seife to provide, on or befo...

Excerpt: ...r of violations of Government Code section 12940, et seq., including discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in good faith interactive process), declaratory relief, wrongful termination in violation of public policy, violations of wage and hour laws under the Labor Code (including unpaid overtime wages, failure to provide meal and rests periods...

Excerpt: ...David Snider: Robert B. Forouzandeh (Reicker, Pfau, et al.) Issue Motion for Preliminary Injunction Ruling: The Court grants the motion of plaintiff ECO Propert y Group, LLC, on behalf of Morongo Equity Partners I, LLC, for a preliminary injunction. The Court imposes a preliminary injunction against defendants Snider Investments, LLC, and David Snider from causing Morongo Equity Partners I, LLC, to sell, encumber, distribute, or otherwise dissipa...

Excerpt: ... hearing or orally at the hearing. If defendant fails to do so or fails to sustain her burden of production to make a prima facie showing of the existence of a triable issue of material fact, the Court will grant plaintiff Steven J. Goggia's motion for summary judgment and enter judgment for plaintiff for possession of the premises located at 625 Parra Grande Lane in Santa Barbara, California. Background On January 6, 2021, plaintiff Steven J. Go...

Excerpt: ...Raney, LLP for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Defendants Randy Quaid and Evi Quaid are in pro per Regina Spurley for cross-defendants Aleksandr Volynskiy and Baltcor Corporation Jared M. Katz of Mullen & Henzell LLP for cross-defendants Robert Lamborn and James Krautmann Marc E. Rohatiner / Edward E. Weiman of Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP for cross-defendants Bruce Berman and Nancy Goliger Berman RULING Giv...

Excerpt: ...or Respondents and Defendants County of Santa Barbara and Santa Barbara County Board of Supervisors RULING Defendant County of Santa Barbara's demurrer to plaintiffs' first cause of action based on the statute of limitations is overruled. County's demurrer to plaintiffs' first, third, fourth, and fifth causes of action for writ of mandate, inverse condemnation, injunctive relief, and declaratory relief is sustained with leave to amend. County's d...

Excerpt: ... to Quash and for Protective Order as to Deposition of Defendant Reicker, Pfau, Pyle & McRoy, LLP RULING As set forth herein, the motion of defendants for a protective order as to the deposition of defendant Reicker, Pfau, Pyle & McRoy, LLP, is granted in part and denied in part. The motion is granted, subject to the provisos set forth herein, to permit counsel for the person most qualified of the deponent- defendant to be physically present with...

Excerpt: ...E Email addresses: [email protected]; [email protected] barbara.ca.us; [email protected]; [email protected]; john @ mind ybi Issue County's Motion for bifurcation. Park District joins in the motion. Ruling For the reasons set out below the Court DENIES the motion to bifurcate the trial. Background The case was filed in 10/2019; now set for trial in 10/21. Although long ago designated comple x the Court has not been able to get th...

Excerpt: ...he Court will enter the proposed order plaintiff submitted, except the Court will cross out Item 4 in the order because the order is being issued after hearing, not ex parte; the Court will add $1,000 to Item 5.d. Background This action involves a dispute over a 1965 Ford Mustang. In her verified complaint, plaintiff Kathleen Johnson alleges: She is the owner of the vehicle and is entitled to possession of it. She alleges that in April 2020, the ...

Excerpt: ...ts RULING Plaintiffs' motion for order enforcing the consolidated judgment and awarding attorney's fees and costs is denied without prejudice for the reasons set forth herein. BACKGROUND This action involves a view easement dispute. Plaintiffs Patrick Corrigan and Margaret Ingalls are the owners of real property located at 836 Jimeno Road and 1402 Grand Avenue. Both properties are situated in the Riviera neighborhood of Santa Barbara where reside...

Excerpt: ... dba L.A. Care Health Plan Email addresses: [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Demurrer to First Amended Complaint RULING For the reasons set forth herein relating to plaintiff's failure to allege compliance, or excuse from compliance, with the mandatory claim presentation requirements, defendant's demurrer to plaintiff's first amended c...

Excerpt: ...t to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution Ruling The Court denies in part and grants in part defendants Craig Saling, Santa Barbara Merchant Services., Inc., and Tack & Jibe, Inc.'s Motion to Vacate Judgment Pursuant to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution. The Court orders t...

Excerpt: ... 5, 2016, in response to the Complaint filed by Rancho Ynecita Homeowners Association, James Nicholas filed a small claims suit against Rancho Ynecita Homeowners Association. Mr. Nicholas also named several individual members of that association as defendants. That case was dismissed by stipulation as noted in the Order After Hearing filed on August 5, 2020. On November 3, 2016, Rancho Ynecita Homeowners Association filed a motion for preliminary...

Excerpt: ... responses to requests for production and to produce documents (set two) and motion to compel both defendants to provide further responses to special interrogatories, which are actually four motions, to February 26, 2021, at 10:00 a.m. On or before February 11, 2021, plaintiff shall pay two additional filing fees to have the motions heard or shall withdraw one of the motions, which is actually two motions. Plaintiff shall file a notice with the c...

Excerpt: ...Code of Civil Procedure section 877 and 877.6. The Clerk of the Court is ordered to permanently delete the Declaration of Andrew Waugh lodged provisionally under seal with the court on January 21, 2021, from the court's electronic record as provided by California Rules of Court, rule 2.551(b)(6)(2). Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, file...

Excerpt: ...related material for defendant Greg Smorodinsky pursuant to Evid. Code §§ 1043 and 1045. Defendant Regents of the University of California shall, on or before February 19, 2021, produce to the court, for in camera review pursuant to Evid. Code § 1045(b) and (c), information in the personnel file of Greg Smorodinsky and other records that include all complaints and disciplinary documents from 2015 to present relating to complaints against Smoro...

Excerpt: ...nt at real property located at 6606-6608 Del Playa, Isla Vista, California (the “Property”). The Property is owned by defendant Ronald L. Wolfe and Associates Incorporated. Plaintiff's tenancy at the Property was pursuant to a written lease. Plaintiff alleges that he was served with a termination notice that did not contain the required information under Civil Code Section 1950.5 relating to abandoned personal property. Plaintiff left persona...

Excerpt: ...ssue Parrish's Motion to Recover Stock Certificates Ruling The motion is DENIED. The Court will not accept Parrish's invitation to exercise its equit a a certificate of sale issue for the Avenatti Certificates; that the Doppio Certificate is declar that the Doppio Certificate be re-issued in Parrish's name with appropriate credit given t o Parrish. Analysis The case was last on calendar on 1/5/21; it was continued to 2/2/21 so that Parrish could ...

Excerpt: ...om; [email protected]; [email protected]; [email protected]; [email protected] Issue Pacific Diagnostic's Motion to Compel Compliance or, in the Alternative, Motion for Evidentiary Sanctions; and Request for Monetary Sanctions Ruling The Court denies Pacific Diagnostic's motion to compel compliance or, in the alternative, motion for evidentiary sanctions and request for monetary sanctions. Background This is ...

Excerpt: ...w.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Motion for Evidence and Issue Preclusion Sanctions or, in the Alternative, to Compel Further Discovery Responses. RULING The motion of defendant Esperer Holdings, Inc. for issue or evidence sanctions or to compel plaintiff 1998 Ampersand Aviation, LLC to provide further discovery responses is denied. BACKGROUND In these con...

Excerpt: ...homas & Engbloom Law Group LLP For Defendant CBIZ, Inc.: Sean P. Nalty, Jenny H. Wang, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Second Amended Complaint (2) Demurrer of Defendant CBIZ to Second Amended Complaint RULINGS (1) For the reasons se...

Excerpt: ...nz's 1 st Cause of Action for Defamation in the Cross-Complaint be sustained? Ruling Barnett's demurrer is sustained as set forth below. Barnett's answer to the Cross-Complaint [2 nd Cause of Action] is due February 19, 2021. The CMC set for 8:30 am will be called at the 10 am calendar with the L&M matter. ANALYSIS The Demurrer Filed 10/5/20; sets out two counts: (1) Defamation, and (2) Breach of Contract. The demurrer is to the First Cause of Ac...

Excerpt: ...to her supervisor and to an additional supervisor in or around June 2017. Elkhorn did not rehire plaintiff after her second season of employment despite otherwise satisfactory work performance. Her complaint was filed on August 25, 2020, and alleged the following causes of action: (1) sexual harassment in violation of FEHA; and (2) retaliation in violation of FEHA. Defendant filed its demurrer on December 30, 2020, arguing that plaintiff had fail...

Excerpt: ...efendant Jeffrey McClendon, D.M.D. Catherine Hall for Defendant Michael Gunson, M.D., D.D.S. TENTATIVE RULING: The motion of defendant Jeffrey McClendon, D.M.D., to quash service of the summons and operative complaint and dismissing him from the case is granted for lack of personal jurisdiction BACKGROUND: This is an action for alleged professional negligence and lack of informed consent. Plaintiff is Janet Kayfetz, a resident of Santa Barbara, C...

Excerpt: ...r based upon the statute of limitations defense is overruled as to the financial elder abuse, quiet title, and unfair business practices causes of action. The general demurrer is sustained, with leave to amend, as to the third cause of action for fraud. Plaintiff may file an amended complaint on or before February 16, 2021. Background: Plaintiff's verified complaint, filed October 27, 2020, alleges causes of action for (1) financial elder abuse, ...

Excerpt: ...orsche 911 Carrera S. Cabriolet from defendant Desert European Motorcars, Ltd (“DEM”) in 2013. Defendants Wayne Bernstein, Shad Scheussler, and Larry Py all worked for DEM as salespersons or managers at the time of the sale. Defendant AmTrust Financial Services, Inc. (“AmTrust”) is the parent company of the surety that issued a performance bond to DEM. Plaintiff alleges that DEM conspired with defendant Porsche Cars North America (“PCNA...

Excerpt: ...ent, Inc. (Serena), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (Casa Blanca) offered to dedicate to defendant County of Santa Barbara (County) a lateral access easement five feet in width as shown on the lateral access easement exhibit map dated May 23, 1990. The OTD was a condition of approval of the Casa Blanca Final Development Plan permitting the construction of eight residences and a common area lot...

Excerpt: ...Family Trust. B. The court overrules defendant Skylar L. Gauss's demurrer to plaintiffs' second amended complaint. C. The court grants, in part, defendant Skylar L. Gauss's motion to strike portions of plaintiffs' second amended complaint. The court grants the motion to strike from the SAC the words “an exclusive” from ¶77; and the words “had exclusive possession and use of all water flowing to Subject Spring” in ¶111, without leave to ...

Excerpt: ...age on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments located at 6598 Seville Road in Isla Vista. On November 20, 2015, the heirs of the three victims killed inside the Capri Apartments filed a wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et...

Excerpt: ...rus Khosh-Chasm For Defendant Rucker [“Rucker”]: Darren W. Epps Discovery Referee [“DR”]: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Dungey's motion to compel SBCC to respond further, without objections, to Special Interrogatory No. 33, and for sanctions. Ruling Dun...

Excerpt: ...and amends a “Digest of Laws,” including its Constitution, By-Laws, Articles of Incorporation, and Grange Laws and Usage, all of which are binding upon all constituent units and individual members of the Order, including Subordinate Granges. A State Grange is subordinate to the National Grange. Each State Grange adopts and amends its own rules, which may not conflict with the Digest of Law and which are binding upon all members of the State G...

Excerpt: ...er of Defendant HUB International Insurance Services, Inc. ATTORNEYS: For Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian: Jerold Oshinsky, Tracy B. Rane, Kasowitz Benson Torres LLP; Patrick A. Hennessey, Palieri, Hennessey & Liefer LLP For Defendant Bristol Farms dba Lazy Acres Market (also erroneously sued as Bristol Farms, Inc.): Carl L. Grumer, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, In...

Excerpt: ...to amend. Background: On November 2, 2020, plaintiff Laura J. Austin filed her complaint in unlawful detainer against defendant William C. Holmes. On February 2, 2019, pursuant to a written agreement, defendant rented from plaintiff property at 5688 Fiesta Drive in Carpinteria on a “year-to-year” tenancy. Pursuant to a 3-day notice to quit served on October 20, 2020, plaintiff terminated the tenancy for at-fault just cause as defined in Civil...

Excerpt: ... motion for attorney fees and orders that respondent Regents of the University of California pay John Doe's counsel $467,975. Background: On October 21, 2016, petitioner John Doe filed a petition and complaint for declaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe n...

Excerpt: ...udgment on the pleadings with respect to the non-statutory causes of action against the City is granted, without leave to amend. The motion for summary judgment on the cause of action for dangerous condition of public property is denied. Background: Plaintiff's complaint, filed May 2, 2019, alleges three causes of action against the City of Santa Barbara and Doe defendants, including negligence, willful failure to warn, and dangerous condition of...

Excerpt: ...ATIVE RULING: The motion for summary judgment by defendant Santa Barbara Cottage Hospital is granted. Judgment shall be entered in favor of defendant and against plaintiffs. BACKGROUND: This is an action for alleged medical negligence and loss of consortium. On January 30, 2015, plaintiff Michael Franklin, then 37 years of age, underwent a microdiscectomy to correct a herniated disc in his low back. The surgery was performed by defendant John Par...

Excerpt: ...TENTATIVE RULING: Motion of plaintiff Reyes for order lifting the stay of the case is granted. BACKGROUND: This is a whistleblower protection case. Plaintiff Jonathan Lee Reyes is employed by defendant The Regents of the University of California (“Regents”) as a police officer at the University of California at Santa Barbara Police Department (“UCSB-PD”). Plaintiff worked for UCSB-PD from August 2000 to September 2004 and from June 2015 t...

Excerpt: ...interrogatories, form interrogatories, requests for production of documents, and requests for admission. The motion is in all other respects denied. The denial of monetary sanctions in each motion is without prejudice to asserting a claim for monetary sanctions in a subsequent motion arising out of the same discovery at issue in these motions, which claim includes attorney fees and costs sought in these motions. Background: On February 14, 2019, ...

Excerpt: ...nt Royal & Sun Alliance Ins. PLC (Royal & Sun) to cover the mother plants at the facility. It obtained commercial property, business personal property, and business income insurance from defendant National Fire & Marine Ins. Co. (National Fire) As it described the business in the two actions, Start operated a large-scale cannabis nursery which grew mother plants, clones, and teens. Fresh tips from mother plan branches were nurtured for up to 30 d...

Excerpt: ...nically) file or lodge provisionally under seal the confidential non-monetary terms of the settlement for the court's review on or before January 29, 2021. Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, filed their original complaint in this action against defendants The Regents of the University of California (Regents), Kesem, Andrew Waugh, Courtney...

Excerpt: ...sts for Production ## 4, 6-10, 28, and 29, with employee identification and contact information redacted. The court orders defendant to provide a further response to Request for Production #5, on or before March 15, 2021, with names and contact information for Covered Employees who did not opt out after the procedure set forth in this ruling. Background: Plaintiff Jack Chavez brings this putative wage and hour class action against defendant Anaca...

Excerpt: ...ondominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant w...

Excerpt: ...ubdivision (e), which prevents a homeowner association from prohibiting display of a political campaign sign; as well as violations of the Quail Meadow East Community Guidelines, 13.3 and 13.6 (hereafter, Guidelines); 2) in the second, a claimed violation of the Unruh Act pursuant to Civil Code section 51, et seq.; and 3) in the third, a claimed violation of Fair Employment and Housing Act (FEHA) pursuant to Government Code section 12955.8, by co...

Excerpt: ...e Nuns lived on the Ranch, and acted as agents for defendants and generally oversaw its management. V. Torres started living and working on the Lompoc Ranch on January 23, 2015. V. Torres Jr. started working on the Ranch in approximately February 2015 and started living on the Lompoc Ranch in approximately June of 2015. They constructed and repaired buildings and systems, performed maintenance, tended livestock, oversaw agricultural lands, and ge...

Excerpt: ...), and declaratory relief. In 2000, Lompoc and District entered into an “Annexation Agreement” in which the District would provide water and wastewater services to the residences (at that point undeveloped) that were part of the “Burton Ranch Project” (hereafter, the project). According to the first amended complaint, the project “is now at the point where water and wastewater services are needed[,]” and District does not have “and ...

Excerpt: ...r L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Klinedinst PC Emails: [email protected]; [email protected];[email protected]; [email protected] RULINGS: (1) For the reasons set forth herein, plaintiffs' motion for leave to file an eighth amended complaint is granted. On or before January 27, 2021, plaintiffs shall file and serve their amended complaint substantially in the form of the proposed eighth amended complain...

Excerpt: ...ristopher Lee and New Standard Construction, Inc. Emails: [email protected]; [email protected]; [email protected] RULING: The demurrer is overruled as to the negligence, nuisance, and intentional infliction of emotional distress causes of action, and sustained as to the breach of CC&Rs cause of action, and as to the complaint as a whole with respect to Patti Walters as an individual. The Court will allow plaintiff leave to file a First Amended Com...

Excerpt: ...” sometimes “plaintiff”]: Rachel Saur; Kelli D. Burritt For Defendant Santa Barbara Community College District [sometimes “SBCC,” sometimes “defendant”]: Molly E. Thurmond; Cyrus Khosh-Chasm Defendant Rucker: Darren W. Epps Discovery Referee: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ra@carri...

Excerpt: ...ficates, Series 2007-B Emails: [email protected]; [email protected] RULINGS: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's residence pending completion of this action or further order of the court. As a condition of the preliminary injunction, plaintiff shall make all back payments due under the contested loan modification agreement, if any, and make all current...

Excerpt: ...s iO73 Investments, Inc., Tristan Strauss, and Brian Casey to modify or dissolve the preliminary injunction. Background: This action arises out of the termination of plaintiff Jonas Svensson's employment by defendant iO73 Investments, Inc. (“iO73” or “the company”). Tristan Strauss and Brian Casey are also defendants. The causes of action in Svensson's first amended complaint (FAC) are: 1) breach of employment contract (against iO73), 2) ...

Excerpt: ... for Production of Documents ATTORNEYS: Rebecca Brand, Plaintiff and Cross-Defendant, In Pro Per Jamie T. Hall for Defendants and Cross-Complainants Mimi Brand f/k/a Michael Alan Brand, Jr. and 1125 Veronica Springs Road, LLC TENTATIVE RULING: Plaintiff's demurrer to the fourth and seventh causes of action in defendant's first amended cross- complaint for trespass and harassment is sustained with leave to amend. In all other respects, plaintiff's...

Excerpt: ...Living Management, LLC, Dorella Hospitality, Inc., and Max Combs: Erik McLain TENTATIVE RULING: The demurrer of defendants Pacifica Coast, LP, Pacifica Senior Living Management, LLC, and Max Combs is (1) sustained without leave to amend as to defendant Combs as to the first, second, and fourth causes of action, (2) is sustained with leave to amend as to defendant Pacifica Coast, LP, as to the first cause of action, and (3) is otherwise overruled....

Excerpt: ...inated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years as an Analytical Technician. Plaintiff's complaint alleges eighteen causes of action, including claims for disability discrimination, harassment, retaliation, failure to accommodate, intentional infliction of emotional distress, and constructive wrongful termination. Defendants deny the allegations. The complaint was filed on June 27, 2019. The t...

Excerpt: ...ress and defamation. The complaint identifies Channe G. Coles of the Law Office of Channe G. Coles as counsel for plaintiff Foschini. On April 24, 2019, without any response having been filed, Foschini filed his first amended complaint (FAC) alleging the same causes of action. Both the original complaint and the FAC assert claims arising out of allegations of conduct by Foschini towards Ananda communicated in social media and Ananda's conduct tow...

Excerpt: ...hen his vehicle crossed over the center line and collided head-on with the vehicle driven by plaintiff James Lechuga, and in which Jennifer Lechuga and minors Jeffrey and Joey Lechuga were passengers. The Luchuga family members each sustained personal injuries in the collision. The action has now settled for a total payment to the Lechugas of $100,000, consisting of funds both from defendant Cortes Perez and the Estate of Martha Quintana, and fro...

Excerpt: ...rve her answer to the complaint on or before January 22, 2021. BACKGROUND: This is a landlord/tenant dispute involving real property located at 1034 Neil Park Avenue, Santa Barbara, California 93103 (the “Property”). Plaintiffs Bruno Lopez and Griselda Lopez are tenants of the Property. Defendant Tricia Rush is the owner and manager of the Property. Plaintiffs took possession of the Property on January 1, 2017 pursuant to a written rental agr...

Excerpt: ...appellonoel.com; [email protected]; [email protected]; The Court did not find an email address in the file for Avenatti. Rulings: For the reasons set out below the matter is continued to March 2, 2021 so that Parrish can give notice to Lisa Storie-Avenatti. Analysis: The complaint was filed in 2018. The case was last on calendar on 9/1/20; the Court's analysis at that time is helpful to the Court in its analysis today. The underlying...

Excerpt: ...CO”] Robert B. Forouzandeh for David Snider, Snider Investments, LLC, Snider Interests, LLC, Morongo Equity Partners II, LLC, Intervenor Complainant Morongo Equity Partners I, LLC Travis C. Logue, Nathan C. Rogers for Morongo Equity Partners I, LLC [“Morango”] Howard D. Hall, Taylor Dalton for Reprop Investments, Inc [Reprop”] James T. Ryan, Jason D. Annigian for Eli Owens [“Owens”], Roger MacFarlane [“MacFarlane”], Gary Walker [�...

Excerpt: ...��PEA” sometimes “PE”] David Davidson attorney for former potential intervenor [“USSIC”] Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Rulings: The demurrer is overruled; the answer to be filed by January 22, 2021. Background [summarized] This original complaint in this case was filed on 4/30/20; time extensions...

Excerpt: ...e 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, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver William J. Hoffman and Cross...

Excerpt: ...ff Shante Chappell's first amended complaint, with leave to amend, and overrules the demurrer to the second cause of action. 2. The court denies defendants Thomas Miles Phillips and The Phillips Firm's motion to strike portions of plaintiff Shante Chappell's first amended complaint. Background: On November 12, 2019, plaintiff Shante Chappell filed a complaint against defendants Thomas Miles Phillips (Phillips) and The Phillips Firm in the Ventura...

Excerpt: ...ourt at this time, and will be resolved, if necessary, in any future motion by plaintiff to compel compliance with the production demand. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked fo...

Excerpt: ...leadings as to Defendant Porsche Cars North America, Inc.'s Five Affirmative Defenses to Plaintiff's Second Amended Verified Complaint as follows: the court grants the motion for judgment on the pleadings as to defendant Porsche Cars North America, Inc.'s first affirmative defense without leave to amend; and the court denies the motion in all other respects. Background: In his second amended verified complaint (SAC), plaintiff Roy E. Stephenson a...

Excerpt: ...ted in Carpinteria, California. Cate School is a customer of defendant TriNet HRIII-A, Inc. and its affiliated company defendant TriNet Group, Inc. (together, “TriNet”). Panadero worked as a Spanish-language teacher for Cate School from 2003 until she was terminated at the end of the 2018/2019 academic year. On January 10, 2020, Panadero filed her complaint, alleging various Labor Code and Fair Employment and Housing Act (“FEHA”) causes o...

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, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. The court took ...

Excerpt: [email protected] Rulings; For the reasons set out in the Court's Conclusions [see below] the Court rules: Motion #1. Plaintiff will provide responses to requests for production Nos. 1-12, 13, 14-26, and 28-34 without objections. Motion #2. Plaintiff will provide further responses to the Special Interrogatories set forth below without objection. Motion #3. Plaintiff will provide further responses to Request for Admission Nos. 1-3 and 7-10 and No. 1...

Excerpt: ...”] is represented by Robert J. Stoll, Jr., Robert J. Stoll III Emails: [email protected] ; [email protected]; [email protected]; [email protected]; Ruling: For the reasons set forth below in the Court's Conclusions:  Motion #1. Respondent shall provide verified responses, without objection and further verified responses without objection to Form Interrogatory Nos. 2.3, 2.5, 2.6, 4.1, 6.2, 6.3, 6.4, 6.5, 6.7, 7.1, 7.2, 8.8, 10....

Excerpt: ...9 WP filed a request for an order compelling Delaney to forthwith serve further responses to Form Interrogatories – General [Set No. One (1)] and included Interrogatory 17.1 regarding Delaney's Responses to Requests for Admission [Set No. One (1)] served concurrently with WP's Form Interrogatories; served on February 10, 2020; lengthy time- consuming communications and issues arose; despite numerous communications between attorney Cohn and atto...

Excerpt: ...mh.com; [email protected]; [email protected]; reisz@mmrs- law.com; [email protected] Rulings: For the reasons set out below in the Court's Conclusions the Court grants Lavin's Motion to Compel Arbitration and will stay the litigation pending arbitration between Varr and Lavin. Analysis This litigation arises out of the lawsuit filed in 9/2020 by Varr; involves her purchase of residential real property located at 133 East Alamar Ave., Santa ...

Excerpt: ...n of privacy and unlawful eavesdropping in violation of Penal Code section 632 (Nohr defendants only); invasion of privacy – public disclosure of private facts (all defendants); intentional infliction of emotion distress (all defendants); and negligent infliction of emotional distress (all defendants). A) The Verified First Amended Complaint According to the first amended complaint, plaintiff, the Nohr defendants, and Bardessono are neighbors; ...

Excerpt: ...nswers to Special Interrogatories and Request for Sanctions ATTORNEYS: Jeffrey Y. Choi for Plaintiff Alexandro Filippini Jill L. Friedman for Defendant Jean Avrick TENTATIVE RULING: Defendant's motion to compel further responses to Form Interrogatories, Set One, and defendant's motion to compel further responses to Special Interrogatories, Set One, are granted as set forth herein. Defendant is awarded monetary sanctions in the amount of $2,990.00...

Excerpt: ...ons via ZOOM through Atkinson - Baker Court Reporters, on December 28, 2020 at 10:00a.m. (Bustillos) and 2:00p.m. (Stern). (This date and time may be adjusted to accommodate the parties' schedules at the hearing on this motion. However, after the hearing, the date will not be adjusted absent a court order.) The court continues plaintiff Shirley Jansen's motion for terminating sanction to January 11, 2021, at 10:00 a.m., via Zoom in Department 5. ...

Excerpt: ...of the Montecristo #1 Living Trust UTD 9/24/2015, and Maricel Gabriela Hines, Individually and as Trustee of the Montecristo #2 Living Trust UTD 9/24/2015 Tara Radley for Defendant and Cross-Complainant Butterfly Lane Condominiums Homeowners' Association, Inc. Christopher E. Haskell for Defendants and Cross-Complainants Kevin Russell Nary, Laura Jean Nary, and Mary M. Mooney TENTATIVE RULING: The motion for preliminary injunction of defendant and...