Excerpt: ...ned upon the filing of an undertaking) only, the motion is denied without prejudice to the later bringing of a procedurally appropriate motion under section 405.33. The requests of all parties for an award of attorney fees and costs are denied. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonat...

Excerpt: ...ds. Herbl may redact any particularly sensitive information such as account numbers, tax identification numbers, or social security numbers that appear on the documents. 2. The motion is denied as to request No. 3. 3. The motion is denied as to requests No. 7 and No. 8. 4. The motion is granted as to requests No. 9 and No. 10. 5. The motion is denied as to requests No. 15 through 18. 6. To the extent that Herbl asserts an objection on the grounds...

Excerpt: ...nt filed on December 26, 2019, on November 26, 2014, plaintiff entered into a written agreement with David Stephen Sorensen aka D. Stephen Sorensen aka Steve Sorensen (Mr. Sorensen), Mr. Sorensen and Shannon Sorensen (Ms. Sorensen) as Trustees of the Sorensen Trust dated July 29, 1991 (the Sorensen Trust), Esperer Holdings, LLC (Esperer LLC), Esperer Holdings Inc. dba Esperer Holdings LLC (Esperer Inc.), Robin Hill, LLC (Robin Hill), and SSST Hol...

Excerpt: ...n J. Boustani, Barnes & Thornburgh LLP No appearance for any other party in the related case RULING (1) For the reasons specified herein, the court finds that the transfer to this court of Orr, et al., v. Rosenthal, et al., Ventura County Superior Court case No. 56‐2022‐00569270‐CU‐BT‐VTA (the Derivative Action), now pending in the Ventura County Superior Court, will promote the ends of justice. The motion of Daniel Rosenthal, Steven Sc...

Excerpt: ... J. Boone, Carolyn S. Elliott, Kaden D. Byron, Nathalia A. Aguirre, Patenaude & Felix, A.P.C. For Defendant Christophe Rudder a/k/a Christopher S. Rudder: Self Represented For Defendant Kimberly A. Breed: No Appearance TENTATIVE RULING: Plaintiff's motion is granted, in part. The dismissal entered on July 31, 2018, shall be vacated and judgment in the amount of $9,033.86 shall be entered against defendant Christophe Rudder a/k/a Christopher S. Ru...

Excerpt: ...ss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of The Los Canoas Co. dba Construction Plumbing for Attorney Fees is granted. The court awards attorney fees in favor of The Los Canoas Co. dba Construction Plumbing and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $574,799.75. Background: This action arises out of a remod...

Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING:...

Excerpt: ...h, Smoak & Stewart, P.C. TENTATIVE RULING: Defendant's petition to compel arbitration is granted, in part. This matter shall be stayed in accordance with this ruling. Background: On January 19, 2022, plaintiff Cesar “Tito” Arriaza (Arriaza) filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2698, et seq. (the Private Attorneys General Act or PAGA). Arriaza contend...

Excerpt: ...thy S. McConn, Tracy N. LeRoy, Wynn B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Plaintiff California State Lands Commission (case No. 18CV02504): Rob Bonta, Brian D. Wesley, Matthew C. Heyn, Michael T. Zarro, Robert R. Willis, Office of the California Attorney General For Plaintiff Aspen American Insurance Company (case No. 18CV02504): David C. Veis, Laura Nas...

Excerpt: ...Jarlath M. Curran II / Douglas C. Stastny of Severson & Werson for defendants PHH Mortgage Inc, and Cascade Funding Mortgage Trust ‐HB8 TENTATIVE RULING: The motion for preliminary injunction is denied. Background: On August 29, 2022, Paul Eggli (Eggli) filed the current action, allegedly as fiduciary for plaintiff Christine Nyun‐Han (Nyun‐Han), alleging four separate causes of action for trespass on the case against various defendants, inc...

Excerpt: ... The demurrer of Benjamin Storck, to the cross‐complaint of Gina Hurley, is overruled. Benjamin Storck shall file an answer to the cross‐ complaint no later than November 22, 2022. Background: This action was commenced on June 22, 2022, by the filing of the complaint for constructive eviction and conversion by plaintiff Benjamin Storck against defendant Gina Hurley. The complaint alleges that plaintiff paid to defendant the amount of $16,500....

Excerpt: ...d by Defendants Roe and Smythe related to an insurance claim involving an apartment building, in Pasadena, California, owned by plaintiffs. Michelle Smythe and Smythe Law Group (“Smythe Defendants”) were served on July 6, 2022. It does not appear that defendant Robert Roe has been served. The Smythe defendants filed the motion for change of venue, from Santa Barbara County to Los Angeles County on July 29, 2022. They argue that venue is prope...

Excerpt: ...l not be used or disclosed except in connection with this litigation. The parties shall meet and confer regarding the specific language of the protective order. (3) If not already completed, the parties shall finalize the Belaire-West notice. (4) Rich & Famous, Inc. dba Big Green Cleaning Company shall provide verified responses, absent objections except as to privilege, on or before November 28, 2022. (5) The request of plaintiff for an award of...

Excerpt: ...the complaint, on December 12, 2017, Levine signed a residential appraisal report (the appraisal) she prepared with respect to real property located at 2671 Painted Cave Road in Santa Barbara (the property). (Complaint, ¶ 8 & Exh. 1.) The appraisal identified the client name/intended user as Val‐Chris Investments, Inc. (Val‐Chris). (Ibid.) The value of $4.5 million attributed to the property in the appraisal was grossly inflated. (Id. at ¶ ...

Excerpt: ...es and to production demand Nos. 1‐8 shall be made without the objections asserted by AECOM in its prior responses, given their complete failure to justify any of the objections in opposition to the motions. Responses shall be provided to production demand Nos. 9‐40 without any objections, which were waived by AECOM's failure to provide any timely responses to these requests. Sanctions of $7,500 will be awarded to RECON for each motion (for a...

Excerpt: ... 2018 accident, in which a black 2000 Ford Explorer (driven by Bibiano) collided with a 2013 silver Nissan Altima driven by Adriana. (Case No. 18CV03707, Judge Beebe.) Chubb Insurance Co., Everest Insurance Co. (“Everest”), and Great American Ins. Co. (“GAIC”) provided defenses for their respective insured. Underlying Defendants did not file a cross‐complaint. On April 24, 2019, the Underlying Plaintiffs resolved their claims at a Manda...

Excerpt: ...t would not treat the application as a motion for judgment on the pleadings (at least to the extent defendants were advancing a facial broadside to the allegations in the operative complaint). On August 17, 2022, the court granted plaintiff's request to file a fourth amended complaint, vacated the trial date, reopened discovery, and reaffirmed that Alberto Rodriguez was dismissed as a party to the second cause of action for declaratory relief. Th...

Excerpt: ...ph A. Schwar, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer, Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Jeffrey A. Charlston, Stephen P. Soskin, Charleston, Revich & Wollitz LLP TENTATIVE RULING: The motion of plaintiff Heritage Two LLC to enjoin arbitration between plaintiff Heritage Two LLC and defendant Bristol Farms is denied. T...

Excerpt: ...Montecito Retirement Association dba Casa Dorinda: Madona L. Devling For Defendant Jevson Arevalo: Debra Ellwood Meppen TENTATIVE RULING: The motion of Casa Dorinda to Compel Arbitration is granted. The following sentence contained in paragraph six of the arbitration agreement is sticken: “Unless otherwise ordered by the arbitrator, each party shall pay its/his/her own attorneys' fees, witness fees, and other expenses incurred by the party for ...

Excerpt: ...R. Reid, Peter E. Theophilos, Lewis, Brisbois, Bisgaard & Smith LLP TENTATIVE RULING: The Motion of Defendant Santa Barbara Zoological Foundation is denied. Background: In his complaint filed on May 13, 2020, plaintiff Preston Breunig (Breunig) alleges that, while a business invitee at defendant Santa Barbara Zoological Foundation dba Santa Barbara Zoo (the Zoo), he was using the restroom on the Zoo's premises at 500 Ninos Drive in Santa Barbara,...

Excerpt: ...ount of $1,711.67 (Memorandum of Costs section (5)), will not be allowed; (3) Court Reporters Fees (Memorandum of Costs section (12)) will be allowed at the reduced amount of $1,795.50; (4) All other claimed expenses in the Memorandum of Costs will be allowed; (5) The court orders an award of costs in the amount of $40,852.69, pursuant to the Memorandum of costs, payable in favor of Eric Woosley and against Sheila Gianelli. Background: On May 5, ...

Excerpt: ...er against defendants Haley Christina and Alexandre Hort (defendants) alleged that on August 16, 2021, Kent, as owner, and defendants, as tenants, entered into a written residential rental agreement for premises located at 312 E. Sola Street, Unit 1, in Santa Barbara, California. (Compl., ¶¶ 3.a, 4, 6.a, 6.b, Exh. 1.) Defendants agreed to rent the premises as a one‐year tenancy and to pay monthly rent in the amount of $2,950. (Id. at ¶¶ 6.a...

Excerpt: ...ges that Havlik, as owner, and Dziedzic, as tenant, entered into a written residential rental agreement for premises located at 1007 Chino Street, Unit B, in Santa Barbara, California. (Compl., ¶¶ 3, 4, 6.a, 6.b, Exh. 1.) Dziedzic agreed to rent the premises as a month‐to‐month tenancy and to pay monthly rent in the amount of $1,950. (Id. at ¶ 6.a.(1) & (2).) On January 1, 2019, Dziedzic's rent increased to $1,975.00 per month. ( Id. at ¶...

Excerpt: ...ion. It does not appear that Continental Paragon Corporation was ever served. Occidental Petroleum Corporation, Anadarko Petroleum Corporation, Chevron Corporation, and Unocal Corporation have been dismissed, leaving Union Oil Company of California, ConocoPhillips, and Kerr McGee Corporation (Kerr McGee) as defendants. Plaintiff alleges in the operative pleading that he lived at 2833 Starfire Street, Santa Maria, which was atop and “in close pr...

Excerpt: ...y's fees of $112,000, and costs of $3,372.50. Notice of entry of judgment was filed on August 18, 2022. Pacifica has filed a motion for a charging order against Mr. Steven Zaritsky, pursuant to Code of Civil Procedure section 708.310 and Corporation Code sections 17705.03, 15907, and/or 16504. Pacifica asks for a lien on Mr. Zaritsky's transferable membership interest in Foothill Farms of Cuyama, LLC (hereafter, Foothill). Pacifica contends that ...

Excerpt: ...Cousineau, 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: The court requests that the parties submit supplemental briefs as set forth herein. The parties shall concurrently file supplemental briefs on or before November 7, 2022. The parties may file...

Excerpt: ...ast Village Homeowners Association: Courtney D. Flannery, Mark R. Weiner & Associates For Defendant and Cross‐Defendant City Of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: Defendant City of Carpinteria's motion is denied. Background: As alleged in plaintiff Kelly Perez's (Perez) complaint filed on November 23, 2020, Perez was walking on the sidewalk at Seacoast Way and Foothill Road on Feb...

Excerpt: ... by defendant James D. Langhorne. Alcaraz alleges that Langhorne was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, Alcaraz filed his complaint, alleging a single cause of action for motor vehicle liability. Alcaraz seeks general damages, special damages, and punitive damages. In support of his prayer for punitive damages, Alcaraz states that the acts of Langhorne “were malicious and oppr...

Excerpt: ...complaint was served on August 12, 2022. On September 15, 2022, plaintiff filed the present motion for trial setting preference on the grounds that plaintiff is 91 years old and suffers from age related “brain atrophy, which impacts his cognitive function, including problems with focusing, memory, and performing everyday tasks.” (Motion, p. 3, lines 15-16.) The motion was originally scheduled to be heard on December 16, 2022, but on September...

Excerpt: ...nt. (Note: Due to common surnames and to avoid confusion, the court refers to each judgment debtor by their first names. No disrespect is intended.) Steven L. Powell, who is the assignee of a judgment, filed a motion for an assignment order regarding David and Courtney's right to payment from a trustee of a bypass trust. As stated in the declaration of Steven Powell submitted in support of the motion, the court entered a judgment against David an...

Excerpt: ...aged to be married in 2020. (FAC, ¶ 6.) With the assistance of a wedding coordinator, plaintiffs chose the Four Seasons Biltmore resort (the resort), which is owned by defendant 1260 BB Property LLC dba Four Seasons Resort The Biltmore Santa Barbara, to host the wedding. (Id., ¶¶ 3, 6.) At the time, the resort was closed due to the Covid-19 pandemic. (Id., ¶ 7.) Plaintiffs were assured by employees of the resort that the closure would be temp...

Excerpt: ...da Bridge in Santa Barbara County, California. Plaintiffs Ronald and Sandy Wilmot (Wilmots) filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. The FAC contains causes of action for (1) negligence, (2) negligent entrustment, (3) danger...

Excerpt: ...s been renting the subject premises since May 25, 1985, on a month-to-month basis, and was served with a 60-day notice to quit on July 23, 2022. On September 2, 2022, defendant filed a general demurrer to the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 subd. (e). Defendant filed a supplement to the demurrer on September 6, 2022. The supple...

Excerpt: ...n, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their ...

Excerpt: ...endant City lf Santa Barbara for summary judgment and judgment on the pleadings ATTORNEYS: George Semaan of The May Firm, Inc. for plaintiff Roberta Ahrens Tom R. Shapiro / Michelle Sosa‐Acosta of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULINGS: Because the motion filed by defendant FM Properties was directed to plaintiff's complaint, and because plaintiff dismissed her action as to FM Properties, the Court deems th...

Excerpt: ... Kathleen Odell is overruled. Defendants shall file an answer to the complaint by October 24, 2022. Background: This action was commenced on August 5, 2022, by the filing of the complaint for unlawful detainer by plaintiff Summerland by the Sea (“Summerland”) against defendants Sjoerd Koppert, Kathleen Odell, and Sam McPherson. The complaint alleges non‐payment of rent. Plaintiff caused a three‐day notice to pay rent or quit to be served ...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...ursery, Inc.: Matthew C. Sgnilek, Andrea Rosenkranz, O'Hagan Meyer TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing on the motion and shall be prepared to discuss scheduling for the final settlement hearing and any other matters remaining for the court at this time. Background: On July 23, 2021, plaintiff Jose Aguilar, individually, on behalf of others similar...

Excerpt: ...ian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Stirling, Hale & Miller, LLP For Defendant HMBL, LLC dba Holiday Inn Express: Susan L. Mason, Harry W. Harrison, Tyson & Mendes TENTATIVE RULING: The motion of defendant HMBL, LLC, for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In this action, plaintiffs Isabel C., a minor, and Sierra Saragosa assert claims against church defendants and...

Excerpt: ...VE RULING: The motion of plaintiffs Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez to Enforce the Settlement Agreement is granted. Plaintiffs shall prepare and file a Proposed Judgment in conformity with the signed settlement agreement. Background: Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez (“plaintiffs”) filed their original complaint on August 23, 2018, against defendants, including Martin Jarchow (“Jar...

Excerpt: ... be permitted by the Court at the hearing. TENTATIVE RULING: For the reasons more fully articulated below, the Court will deny the petition for writ of mandate in its entirety. Background: The California Medicinal and Adult‐Use of Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) establishes comprehensive licensing and regulatory requirements for both medical and adult use of cannabis in the state. The Act allows local gov...

Excerpt: ...n is denied. Background: The complaint filed by plaintiff Armand Rios (Rios) on January 22, 2016, alleges that Rios was a tenant of real property owned by defendant Gloria Gonzalez, individually and as Trustee of Trust A of the Ramundo and Gloria Gonzalez Family 2002 Revocable Trust dated June 14, 2002 (Gloria) and located at 6598 Stagecoach Road in Santa Barbara, California. Defendant Tony Gonzalez (Tony) is Gloria's son. (Note: Due to common su...

Excerpt: ...her of their depositions. Background: This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian‐automobile accident. Aileen Paquillo (Paquillo) is a receptionist at ProMed Spine. She has no job responsibilities that relate to medical treatment of patients, billing coding or payments at ProMed Spine. (Paquillo Dec. ¶¶ 1‐2.) Juan Ceja (Ceja) is a deposit...

Excerpt: ...a, Inc. (HSG) and defendant City of Santa Barbara (City), and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (FRL). Plaintiffs Flightline, HSG, and HSG's principals, Manuel Perales, Mario Medina, and Paul Ybarra allege: On March 26, 2015, HSG entered into a lease (Lease) with City for a restaurant location at 521 Firestone Road on the City's airport property. (First Amended Complaint [FAC], ¶¶ 20‐22 & exhibit A.) P...

Excerpt: ...complaint and alleges non‐payment of rent. According to the complaint, Schwan has been renting the subject premises from Jordan, on a month‐to‐month basis since October 5, 2017. On, or about, August 19, 2022, Jordan personally served Schwan a three‐day notice to pay rent or quit alleging owed rent for the period of August 5, 2022, to September 4, 2022. On September 6, 2022, Schwan filed a general demurrer to the complaint on the grounds t...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...oximately fifteen (15) thousand square feet of the Hauenstein's property for a monthly rental of $10,000.00. During 2015‐2017, David and Mike Agazaryan operated a commercial cannabis operation on the property. They fell behind in rents due in an amount of approximately $110,000.00. In early 2017, plaintiffs declared the lease breached and terminated it based on rent default. David, Mike and Arman subsequently introduced Ara Baljian to Karin as ...

Excerpt: ...man For Respondent Heather Gray: No appearance TENTATIVE RULING: For the reasons set forth herein, the petition of Herring Law Group, Inc. (Herring) to compel binding arbitration is granted. The appointment of a specific arbitrator will be discussed at the time of hearing Background: Herring and Heather Gray (Gray) entered into a family law legal services agreement (contract) on, or about June 13, 2018, which contained a provision for binding arb...

Excerpt: ...lliam Clinkenbeard; Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Cottage Health Inc. (Cottage) for an order to declare plaintiff a vexatious litigant and for a pre‐filing order to require plaintiff to post security in the amount of $25,000, and to refrain from communicating directly with represented defendants in this matter is granted as follows: (1) The court declares ...

Excerpt: ...es,Property Services TENTATIVE RULING: The demurrer made to each cause of action on statute of limitations grounds is overruled. The demurrer made to each cause of action on the basis that insufficient facts are alleged to constitute a cause of action, are all sustained. Because the general demurrers to each cause of action are being sustained, there is no reason for the Court to address the special demurrer for uncertainty. The Court will allow ...