Excerpt: ...f Peter Newton filed his complaint against defendant Xpress Global Systems, LLC. The causes of action are general negligence and fraud. Plaintiff alleges: On July 16, 2020, during the course of a delivery, a semi-truck and trailer owned, operated, and/or engaged by defendant backed into a gate at property at 3429 Sea Ledge Lane in Santa Barbara. The gate and its operating system sustained damage requiring replacement at a cost of $28,270. Plainti...

Excerpt: ...man ATTORNEYS: E. Patrick Morris for defendants and cross-complainants Summerland Market, Inc. and Elian Mtanous Hanna Mark. R. Wietstock for cross-defendant Sharon Kussman, trustee of the Rose T. Robertson Trust. TENTATIVE RULINGS: For the reasons explained below, the demurrer is overruled. Further, the motion to strike, made on identical grounds as those raised in the demurrer, was necessarily mooted by the Court's resolution of the demurrer. D...

Excerpt: ...G: Plaintiff's application for a pre-trial writ of possession is granted as set forth herein. No undertaking shall be required of plaintiff. BACKGROUND: Plaintiff Strategic Health Services, LLC (SHS) is a limited liability company and the owner and operator of three residential substance abuse treatment facilities licensed by the California Department of Health Care Services (DHCS). The residential treatment facility located at 1151 Glenview Road...

Excerpt: ... sustained with respect to the cause of action for intentional infliction of emotional distress. The demurrer with respect to all claims, as they are currently alleged against individual defendant Ty Warner, are sustained. The special demurrer for uncertainty is overruled. Plaintiff has not opposed the motion to strike, as it relates to the request for attorneys' fees, and the motion is therefore granted as to such fees. With respect to the motio...

Excerpt: ...mer employees the notice described in this ruling. Background: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Defendant employed plaintiff from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plaintiff alleges that he was paid overtime wages only when he ...

Excerpt: ...rnie's death, defendants Edgar Vea and Sonia Vea[1] and Alexander Lazo[2] developed an interest in having a closer relationship with Sophie, apparently with the objective of becoming beneficiaries of her estate. To that end:  Defendants allegedly made statements to the SMPD, prompting a welfare investigation on June 8, 2020, claiming Maribel attempted to force Ernie and Sophie to transfer title vehicles and/or real estate and further that Sonn...

Excerpt: ...a further response to Special Interrogatories (Set One) propounded by Defendants Gunson, Arnett and Heinze. 3. Kimberly is further ordered to serve a further response to the Request for Production of Damages (Set One) propounded by Defendant Gunson, and is ordered to produce signed authorizations for the out-of-state medical providers. 4. All further responses and documents are ordered to be produced by December 18, 2020. 5. The request for sanct...

Excerpt: ...dant Bond: Gary D. Fields Defendant Grassini: Clayton T. Graham Emails: [email protected]; [email protected]; [email protected]; [email protected]; Rulings: l. The Motion to Compel Further Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide further responses as requested in defendant's motion as to Form Interrogatories 8.4 and 12.1. Plaintiff is to provide further responses no lat...

Excerpt: ...nalysis The Plaintiffs 7AC was filed 10/6/20 and is framed in 9 counts: 1. Elder Abuse (Financial) 2. Elder Abuse (Physical/Emotional) 3. Legal Malpractice 4. Breach of Fiduciary Duty 5. Conversion 6. Accounting 7. Intentional Misrepresentation 8. Concealment 9. Intentional Interference With Expected Inheritance Demurrer On 11/9 Defendants filed a demurrer to the 7AC contending that: Counts (1)-(6) and (9) are time-barred and are uncertain as to ...

Excerpt: ..., LLP for defendants William Clinkenbeard / Cathy Anderson of Clinkenbeard, Ramsey, Spackman & Clark, LLP for third party witness Bryce Holderness, M.D. TENTATIVE RULING: The motion is denied. Background: This action was originally filed in August 2018 as a personal injury action, which arose from a fall by Melvin Hueston on defendant's premises in April 2018. It evolved into a wrongful death action upon the filing of the First Amended Complaint ...

Excerpt: ...for Defendants Summerland Markets, Inc. and Elian Hanna TENTATIVE RULING: The motion for protective order of defendants Summerland Markets, Inc. and Elian Hanna is granted. No additional information or documents are required to be produced in response to the People's Demand for Inspection Nos. 7, 8, and 38. BACKGROUND: Plaintiff the People of the State of California (the “People”) bring this action for injunction and civil penalties against d...

Excerpt: ...ncertainty and failure to state a cause of action. Plaintiff shall file and serve an amended complaint on or before December 17, 2020. BACKGROUND: This is an action for unlawful detainer. The subject premises are located at 5925 Birch Street, Unit 4, Carpinteria, California 93013. Plaintiff Bruce Bowers is the landlord and defendant Lyna Gruszynski, erroneously sued as Lena Gruszka, is the tenant. On August 3, 2020, plaintiff served on defendant ...

Excerpt: ... Vanessa Bley, wife of plaintiff Max Gleason, and in which the couple's two minor children (Lucienne, age 2, and Desmond, age 4 months) were passengers, was apparently struck head-on by a vehicle operated by defendant John Dungan and owned by both John Dungan and defendant Michael Dungan, and allegedly entrusted by Michael Dungan. A felony criminal complaint is currently pending against defendant John Dungan arising from the accident. At the time...

Excerpt: ...Associates (St. George) for judgment pursuant to Code of Civil Procedure section 631.8. On February 6, 2020, the court filed its statement of decision. On February 20, 2020, the court filed its judgment. The judgment includes: “Defendant is the prevailing party in this matter and is entitled to recover its attorney's fees pursuant to Cal. Code of Civil Procedure § 1717, and its costs from Plaintiff[] subject to a noticed motion.” (Judgment, ...

Excerpt: ...ff alleges that defendant was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, plaintiff filed his complaint, alleging a single cause of action for motor vehicle liability. Plaintiff seeks general damages, special damages, and punitive damages. Defendant moves to strike the punitive damages claim. ANALYSIS: Request for Judicial Notice Defendant requests that the court take judicial notice of ...

Excerpt: ...ing by replacing references to “aggrieved employees” with “all other similarly situated employees,” (4) strike the seventh cause of action for penalties under Labor Code § 558 and all related allegations, and (5) add applicable references to IWC Order No. 4- 2001 and No. 16-001. Defense counsel originally declined to stipulate to the amendment until he received a date for plaintiff's deposition. After plaintiff determined that additional...

Excerpt: ...lifornia, Inc., the original lender and creditor. Defendant Susan M. Schwartz is the borrower and debtor. Plaintiff alleges that defendant breached the loan agreement by failing to pay the sum of $11,579.05 when due and owing. On November 24, 2009, plaintiff filed its complaint against defendant for breach of contract and common counts. On December 30, 2009, defendant was served by substituted service. Defendant failed to file a response to the c...

Excerpt: ... is DENIED. Background On August 23, 2018, Novacoast filed this action against Symantec and DigiCert. Defendants filed an answer in 10/2018; a trial date was set at the request of Novacoast; the parties stipulated to continue it because of issues that presented in discovery; Novacoast added eight new causes of action; On August 2, 2019, Novacoast filed its first amended complaint (“FAC”). After a Demurrer was sustained Novacoast filed its sec...

Excerpt: ...n ATTORNEYS: For Petitioner Santa Barbara Coalition for Responsible Cannabis, Inc.: Marc Chytilo, Ana Citrin, Law Office of Marc Chytilo, APC; Courtney E. Taylor; Robert A. Curtis, Foley Bezek Behle & Curtis, LLP For Respondents County of Santa Barbara and Santa Barbara County Board of Supervisors: Michael C. Ghizzoni, Lina Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Stei...

Excerpt: ...cino) Email addresses: [email protected]; [email protected]; [email protected]; [email protected] Rulings: 1. The Court overrules County of Santa Barbara's demurrer to plaintiff Ana Esquivel's first amended complaint. 2. The Court overrules Isla Vista Recreation and Park District's demurrer to plaintiff Ana Esquivel's first amended complaint. 3. The Court denies Isla Vista Recreation and Park District's motion to str...

Excerpt: ...Cross- Complainants”]; Jason D. Annigian and James T. Ryan Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Ruling: 1. The MEPI demurrer to the First Cause of Action for Breach of Contract that Cross-Complainants Newby, Owens, MacFarlane and Walker allege in their Cross-Complaint is OVERRULED. Their answer shall be filed by December 15, 2020. 2. This case is also on the CMC calendar a...

Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...

Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...

Excerpt: ...el Hernandez, and Diego Rodriguez Garcia. The operative First Amended Complaint (FAC) filed by plaintiffs on September 10, 2020, seeks both individual damages and PAGA penalties (brought only by defendants Armenta, Garcia, and Hernandez), alleging causes of action for (1) failure to pay wages, (2) failure to provide compliant meal, rest, and recovery periods, (3) untimely payment of wages, (4) failure to keep accurate records of hours worked, (5)...

Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...

Excerpt: ... §§ 1194 and 1198); (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, 20...

Excerpt: ...opher E. Dawood, Deputy County Counsel Tentative Ruling: The court grants, in part, the motion of defendant County of Santa Barbara to strike portions of the complaint of plaintiffs Robert Kirsch, Joshua Lake, and Robert Garnica. The court orders ¶¶38 and 40 stricken from plaintiffs' complaint without leave to amend. The court denies the motion as to ¶41. Defendant County of Santa Barbara shall answer the remaining allegations of the complaint...

Excerpt: ...f defendants Synectic Systems, Inc. (SSI), and Paul Webb to compel arbitration. Background: Plaintiff John Roessler filed his complaint against defendants Synectic Systems, Inc. (SSI), and Paul Webb for 1) failure to pay earned wages, 2) breach of contract, 3) breach of the implied covenant of good faith and fair dealing, 4) unlawful retaliation, 5) wrongful termination in violation of public policy, 6) unfair competition, and 7) defamation. On O...

Excerpt: ...irst Amended Complaint ATTORNEYS: Garry M. Tetalman for Plaintiff Nicholas Lewis, an individual and as Guardian Ad Litem for Plaintiff Philip Jaworski Barbara A. Carroll for Defendants Santa Barbara Cottage Hospital, Inc. and Cottage Health, Inc. TENTATIVE RULING: Defendants' demurrer to plaintiffs' first amended complaint is sustained as to plaintiff Nicholas Lewis without leave to amend for lack of standing. Defendants' demurrer to plaintiff Ph...

Excerpt: ...is Armstrong and Associates, LLC (LAA). Plaintiff/cross-defendant Robert S. Shumake Living Trust 1994 (Shumake) and defendants Jason Q. Wilson Trust Dated October 18, 2007; G Boys, LLC; Michael DeSalvo; and 2017 Lonestar Properties, Inc., are members of LAA. LAA holds a lease and purchase agreement for improved real property in Carpinteria. LAA's business is to cultivate medicinal and adult-use cannabis. On January 17, 2019, Shumake filed its com...

Excerpt: .... Plaintiff alleges: Defendant had entered into a written lease for premises at 315 W. Carrillo Street, #105, in Santa Barbara. The lease agreement, including its addenda, was prepared in accordance with the requirements of federal law, and related implementing regulations as determined by the federal Department of Housing and Urban Development (HUD). [Complaint ¶¶5, 6] Emergency orders of the Governor, County of Santa Barbara Health Officer, S...

Excerpt: ...ate Attorney General, filed his complaint against defendants Channel Auto Services LP (erroneously named by its fictitious name “Price Management”; hereinafter Channel); Coast Village, Inc. (CVC); and Mesa 76 LP (Mesa). The causes of action are: 1) missed meal breaks; 2) missed rest breaks; 3) failure to pay reporting time wages; 4) violation of Labor Code § 226; 5) violation of Labor Code § 203; 6) violation of Labor Code § 1102.5; 7) wro...

Excerpt: ...nd Jerry Garcia's motion for a neuropsychological examination of plaintiff Suzannah Taylor, subject to conditions and the protective order set forth in this ruling. Counsel for defendants shall prepare an order. The examination shall take place on November 16, 2020, at 9:00 a.m., or such other time as agreed by the parties. Background This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling: The Demurrer and Motion to Strike are DENIED. Cross-Defendant to file his answer to the Cross- Complaint by November 25, 2020. Analysis Plaintiff CARP Property, LLC [“CARP”], commenced this action on August 9, 2019. In its complaint, plaintiff alleges that on March 15, 2016, Rafi Tarakjian [“Tarakjian”], sol...

Excerpt: ...homas Goodwin, and Judy Atkins: Russell Brown For Defendant City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow: Ariel Pierre Calonne, Tom R. Shapiro, John S. Doimas, Office of the City Attorney TENTATIVE RULING: For the reasons set forth herein, the special demurrer of defendants City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow to plaintiffs' complai...

Excerpt: ...'s motion for judgment on the pleadings is granted. The County of Santa Barbara's complaint in eminent domain is ordered conditionally dismissed to allow County to adopt a new Resolution of Necessity or to take other corrective action as needed. Defendant is awarded reasonable attorney's fees and costs of $47,495.75. BACKGROUND: In this eminent domain action, plaintiff County of Santa Barbara (“County”) seeks to acquire four easements on parc...

Excerpt: ...t: self represented Tentative Ruling: (1) The court grants, in part, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson's Motion to Compel Responses to Supplemental Written Discovery, and Motion to Compel Deposition of Defendant Jessica Berry, and orders that, on or before November 23, 2020, defendant Jessica Barry shall serve answers to the supplemental interrogatories served in this case on July 27, 2020, without objections. The court d...

Excerpt: ...s of John J. Thyne III Defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler: Nathaniel L. Marston TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler to quash service of summons is denied. Defendants shall file and serve their answer to the complaint on or before November 23, 2020. Background: As alleged in plaintiffs' complaint: Plaintiffs Block Fa...

Excerpt: ...For Defendant: Darryl C. Hottinger, et al. (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: The court grants defendants Community Arts Music Association of Santa Barbara, Inc., and Elizabeth Alvarez's motion to strike portions of plaintiff Jeffrey D. Everhard's amended complaint without leave to amend. Background: Plaintiff Jeffrey D. Everhard commenced this action on May 18, 2020. In his amended complaint (FAC) against Community Arts Music A...

Excerpt: ...16, 2020. Defendants are awarded monetary sanctions against plaintiff in the amount of $3,180.00. 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 for NuSil Technology for about two years a...

Excerpt: ...ified as an unlimited civil action. On September 8, plaintiff filed a first amended complaint (FAC) for breach of contract, unjust enrichment, and fraud/deceit against defendants TWHGP, LLC; Ted Ellis; Greer Ellis; and Ray Pattnaude. TWHGP has answered the FAC. (There is no summons for or proof of service on the individual defendants.) Motion: Plaintiff moves for an order compelling Ted Ellis to attend a deposition and for sanctions against Ellis...

Excerpt: ...t Asian Pacific Health Care Venture, Inc., is sustained, with leave to amend, to the second 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. (4) Plaintiff Max Hennard shall file and serve his third ...

Excerpt: ...n Association, not JAMS, in accordance with the Rules of the American Arbitration Association. BACKGROUND This action concerns a dispute over the determination of the adjusted monthly rent due under a commercial lease agreement. Petitioners Jeffrey B. Panosian and Claire B. Panosian are the owners of real property located at 302-306 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Market, a retail supermarket. Petitioners lease...

Excerpt: ... of Santa Barbara Randall F. Koenig for Defendant and Cross-Complainant Rosser International, Inc. Nicole G. Thal for Cross-Defendant Cini-Little International, Inc. For the Trial: Plaintiff's Trial Counsel: Michael C. Ghizzoni, County Counsel, Johannah Hartley, Deputy County Counsel, Robert 0. Owen, Douglas J. Dennington. Trial Counsel for Defendant Rosser: Randall Koenig, Wilfred A. Llaurado and Bryan Oberle. Trial Counsel for Cross-Defendant C...

Excerpt: ...tiffs for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion by Zoom and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the court at this time. (2) Notice having been given of the lodging of documents conditionally under seal without the intention of moving to seal those documents and the time for the filing of a motion to s...

Excerpt: ...dba L.A. Care Health Plan: Kevin E. Gilbert, Nicholas D. Fine, Orbach Huff Suarez + Henderson LLP RULING: For the reasons set forth herein, the demurrer of defendant Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan is sustained, with leave to amend, as to each of the causes of action of the complaint. Plaintiff Santa Barbara Cottage Hospital shall file and serve its first amended complaint on or before November 1...

Excerpt: ... overruled. Defendant shall file and serve its answer to the complaint on or before November 9, 2020. BACKGROUND: Plaintiff Roic California, LLC brings this action against defendant Ribco, Inc. dba Woody's BBQ for breach of a written lease agreement involving premises located at 5112 Hollister Avenue, Santa Barbara, California 93111. Plaintiff alleges that defendant breached the written lease agreement by failing and refusing to pay the rent and ...

Excerpt: ...ayfetz's first amended complaint with leave to amend. First Amended Complaint (FAC): Plaintiff Janet Kayfetz filed her original complaint in this case on December 18, 2019. In her FAC for professional negligence and lack of informed consent, Kayfetz alleges: In January 2012, Dr. Michael Gunson recommended that Kayfetz go to Dr. Jeffrey McClendon for treatment of her dental issues. From that date forward, McClendon collaborated with Gunson in Guns...

Excerpt: ...nt of plaintiff Housing Authority of the City of Santa Barbara for unlawful detainer without leave to amend. Background: On August 4, 2020, plaintiff Housing Authority of the City of Santa Barbara filed its complaint for unlawful detainer against defendants Adam Chapman and Zoe Chapman. (Sometimes plaintiff refers to Zoe Chapman in the complaint as Zoe Jones and that is how she is listed on the lease that is the subject of the action. Defendants'...

Excerpt: ...tiff Judith M. Jennifer L. Russell / Nicole A. Glassman / David J. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Hooman & Stone Attorneys for defendant Javier Jonathan Antunez Eve H. Korff / Alex Xilva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee, in both cases TENTATIVE RULINGS: The Antunez demurrer is overruled as to the willful misconduct cause of action, sustained with leave to ame...

Excerpt: ...rike allegations regarding and the prayer for exemplary damages in plaintiff Valentina Martinez's complaint without leave to amend. Analysis: Complaint: Plaintiff Valentina Martinez, by the through her parent and guardian ad litem Elias Sanchez, filed her complaint on July 20, 2020. (The complaint lists only Martinez as a plaintiff, through her guardian ad litem. However, at places in the complaint, there are references to “plaintiffs,” refer...

Excerpt: ...y, Trustees of the Nary Family Trust, Schedule C Separate Property dated March 28, 2012, and Mary M. Mooney, Trustee of the Mooney Trust dated June 4, 2010: Christopher E. Haskell, Emily B. Harrington, Price, Postel & Parma LLP For Defendants Maricel Gabriela Hines, individually and as Trustee of the Montecristo #2 Living Trust, UA dated September 24, 2015, and Hugo Roberto Garcia, individually and as Trustee of the Montecristo #1 Living Trust, U...

Excerpt: ...o the Deutsche Bank subpoena. The motion is conditionally granted as to request Nos. 31, 32, and 33, and to non-tax documents responsive to the Deutsche Bank subpoena. On or before November 13, 2020, plaintiff Robert Mecay shall serve (1) written stipulations substantially identical to the stipulations set forth herein on defendants, or (2) a written notice that plaintiff Mecay declines to stipulate as proposed by this order. Plaintiffs shall con...

Excerpt: ...ornia. (Second Amended Complaint [SAC], ¶ 11.) Start grew “mother plants” from which it harvested “clones” to sell to cannabis farmers throughout California. (SAC, ¶¶ 8-10.) During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. (SAC, ¶ 14.) On January 9, 2018, heavy rain and high winds damaged the retractable shade- cloth and the gree...

Excerpt: ...1, 2020, plaintiff personally served a 3-day notice to quit on defendant. Defendant has failed and refused to vacate the premises and on March 2, 2020, plaintiff filed his complaint for unlawful detainer. On March 12, 2020, plaintiff filed a first amended complaint (FAC). Defendant demurs to the FAC for failure to state facts sufficient to constitute a cause of action. There is no filed opposition to the demurrer. ANALYSIS: The grounds for object...

Excerpt: ...of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 496.) Moreover, assuming the complaint is brought by plaintiffs as decedent's successors in interest, they must comply with the declaration requirem...

Excerpt: ...ld.com; [email protected]; [email protected] Ruling: Pinskys' motion to tax costs is DENIED. Analysis This motion to tax costs was filed 9/29/20. The particular items of costs that Pinskys seek to strike are the following: Item No. 1, Filing and motion fees - $1,145.00; Item No. 10, Attorney fees - Amount set forth in separate Motion; Item No. 14, Fees for electronic filing or service - $108.15. Subsequently on 10/13/20 this Court ru...

Excerpt: ...nment & Infrastructure Solutions, Inc [“EIS”] is represented by William S. Edic. Email addresses; [email protected]; [email protected]; [email protected]; Rulings: For the reasons set out below 1. The Motion for Summary Judgment is GRANTED. 2. EIS's evidentiary objections: Objection #1. Rental documentation attached as Exhibit A to the Declaration of Plaintiff's Attorney John B. Richards – Grounds for objection: Hearsay; lack of f...

Excerpt: ...ant [“State of California”] is represented by Michael Harrington. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling. The motion is GRANTED. A “proposed order” was previously submitted on 4/14/20 that appears to be still viable and the Court intends to sign it unless District submits a different order prior to the hearing. Analysis...

Excerpt: ...s granted. Plaintiff is awarded attorney's fees and costs in the amount of $145,412.04. BACKGROUND: On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. for the principal sum of $653,466.27. The loan was documented by a promissory note executed by Ultimate Brands' president, defendant William Scott Griffiths (“Griffiths”). Concurrently with the execution of the note, Griffiths ...

Excerpt: ...Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: self represented Tentative Ruling: The court denies the motion of plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP, and cross- defendant Mortgage Company of Santa Barbara, Inc. to enforce settlement agreement pursuant to CCP § 664.6. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (Pico), sued defenda...

Excerpt: ...torney Fees (3) Motion of Defendants for Award of Attorney Fees ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & 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 ...

Excerpt: ...TIVE RULING: Defendant Jessica Berry's motion for sanctions pursuant to Code of Civil Procedure Section 128.7 is denied. BACKGROUND: This is an action for (1) libel, (2) defamation per se, (3) intrusion, (4) intentional infliction of emotional distress, (5) unfair business practices, (6) elder abuse, (7) quantum meruit, and (8) unjust enrichment/restitution. Plaintiffs are David G. Bertrand (“Bertrand”) and his business manager, Dorothy Churc...

Excerpt: ...is action arises out of competing claims over the proceeds of a $100,000 life insurance policy that was purchased by Laurence O. Pilgeram (“Mr. Pilgeram”) to cover the cost of cryogenically preserving his remains. Plaintiff Alcor Life Extension Foundation (“Alcor”) is the company hired by Mr. Pilgeram to preserve his remains. Defendants Kurt J. Pilgeram (“Kurt”) and Karl E. Pilgeram (“Karl”) are the adult sons of Mr. Pilgeram. On ...

Excerpt: ... further verified responses to request Nos. 42 and 43, in a form complying with the Code of Civil Procedure, to be served on or before November 9, 2020, together with the production of all responsive documents identified in the response to be produced. If any such documents have already been produced or are in defendant's possession, Beall may identify each such document specifically as having been produced or in defendant's possession. In all ot...

Excerpt: ...pon the habitability of rental units. Baratto had served as plaintiffs' insurance agent, in acquiring the policy, and the action against it was essentially one for professional negligence. In December, 2019, plaintiffs served a request for the production of documents and things on defendant Baratto. On February 25, 2020, plaintiff filed a motion to compel further responses, setting the hearing for March 20, 2020. That hearing date was vacated by ...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...

Excerpt: ...ristol Farms dba Lazy Acres Market Stephen P. Soskin for Defendant HUB International Insurance Services, Inc. TENTATIVE RULING: Plaintiff Dr. Jeffrey B. Panosian's motion for protective order is denied. BACKGROUND: This is a lease dispute involving insurance coverage. Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian are the owners of real property located at 302 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Mark...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...

Excerpt: ...Office for defendants TENTATIVE RULING: The demurrer is sustained, in its entirety, without leave to amend Procedural Background: This action arises from the death of Heidi Swiacki, an ALS patient for whom plaintiff Wanda Nelson (Plaintiff or Nelson) was a caregiver. Nelson was indicted for Swiacki's murder by the grand jury, along with Swiacki's mother, Marjorie Good. She was ultimately convicted of the lesser offense of involuntary manslaughter...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ...ompel ATTORNEYS: Christopher B. Dalbey, Deputy District Attorney, for Plaintiff the People of the State of California E. Patrick Morris for Defendants Summerland Market, Inc. and Elian Hanna TENTATIVE RULING: The court will grant the People's motion, as modified. Defendants Summerland Market, Inc. and Elian Hanna are ordered to provide further responses, without objections, to the People's form interrogatories and inspection demands, together wit...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...

Excerpt: ... the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1120.) Except where matters are specifically permitted to be shown upon information and belief, each affidavit or declaration must show that the affiant or declarant, if sworn as a witness, can testify competently to the facts stat...

Excerpt: ... that he and other hourly employees were not paid for all hours worked and were denied lawful rest breaks and meal periods. On November 13, 2019, plaintiff filed a putative class action complaint for (1) failure to pay minimum and straight time wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and permit rest periods, (5) failure to timely pay wages at termination, (6) failure to provid...

Excerpt: ...f action for declaratory relief and for trespass. It alleges that plaintiff owns property at 2311 Finney Street in the Summerland area, and that Arthur Lacerte resides at the property. Defendant BMO, LLC (BMO) owns property at 2305 Finney Street, at which its managing member, Robert Mecay, resides. The easterly 18 feet of plaintiff's property is the subject of an easement for ingress, egress, and underground utilities, which benefits defendant's ...

Excerpt: ...ed in plaintiffs' complaint: Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (Complaint, ¶¶ 2, 139.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible route to transport crude oil produced offshore in Santa Barbara. (Complaint, ¶¶ 111, 138.) On the morning of May 19, 2015, ...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ...om; [email protected]; [email protected]; RULING: The petition for writ of mandate of petitioner Santa Barbara Coalition for Responsible Cannabis, Inc. is denied. The Court finds that when respondent County of Santa Barbara added the hoop structure amendment to the LUDC it did not abuse its discretion under CEQA, either by failing to proceed in a manner required by law or by making determinations not supported by substantial evidenc...

Excerpt: ...d attorney's fees in the amount of $131,372.00 against defendant HOA and intervenors the Pinskys. HOA and the Pinskys shall be jointly and severally liable for the fee award. BACKGROUND This action involves a view dispute between neighbors, plaintiffs Melvyn and Barbara Goldsmith (the “Goldsmiths”) and intervenors Milton and Elizabeth Pinsky (the “Pinskys”). The Goldsmiths and Pinskys own adjacent properties located in a common interest d...

Excerpt: ...s which were available during that time, were sufficiently unusual to excuse defendant's failure to timely respond to the complaint. Since she diligently sought to set aside the default after it was entered, and since her failure to timely respond to the complaint resulted from mistake and excusable neglect, the motion will be granted. Defendant is directed to separately file her answer forthwith, but in any event no later than October 19, 2020. ...

Excerpt: ...led May 8, 2020, alleges causes of action for involuntary dissolution of Prism Cam, LLC (Prism), breach of fiduciary duties, constructive trust, fraud, negligence, conversion, breach of contract, and declaratory judgment. Each cause of action arise from the relationship of the individual parties as set forth in the Operating Agreement for the entity defendant, Prism Cam, LLC. The Operating Agreement, at ¶ 10.2 (entitled “Dispute Resolution”)...

Excerpt: ...motion matters are ordered stayed pending transfer of the case. BACKGROUND: Plaintiff Aimie Coleman (“Coleman”) is the successor-in-interest to Garrett R. Casey (“Casey”), a former student at defendant The University of California, Santa Barbara (“Regents”), who died on May 27, 2018, while on a ski trip to Mammoth Lakes with defendant The University of California Santa Barbara Ski and Snowboard Club (“Ski Club”). Casey died from h...

Excerpt: ...ion for: (1) breach of written contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) unfair business practices in violation of Business & Professions Code; (5) constructive trust; (6) equitable lien; (7) resulting trust; (8) declaratory relief. On November 15, 2019, plaintiff filed a Notice of Settlement of Entire Case. On November 18, 2019, plaintiff filed a Stipulation and Order for Court to Retain Jurisdiction. Plai...

Excerpt: ... Peter M. Wucetich of Homan & Stone, Attorneys for defendant Javier Jonathan Antunez. TENTATIVE RULING: The motion is granted; defendant Antunez need not respond to pending discovery, and any future discovery propounded against Antunez in the case is stayed until further order of the court. If the criminal proceedings have not resolved within 6 months, the Court will reassess the propriety of this order. Plaintiff's request for sanctions is denie...

Excerpt: ...ng Discovery into Plaintiff Sierra Saragosa's Sexual History (2) Motion of Defendant HMBL LLC to Compel Deposition of Third Party Witness Suzan Kirkland ATTORNEYS: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach Sueanne D. Chadbourne, Beach Cowdrey Jenkins, LLP For Defendant HMBL, L...

Excerpt: ... for attorney's fees is granted. Defendant is awarded fees in the amount of $39,327.00. BACKGROUND: Plaintiff Grace Design Associates, Inc. (“GDA”) is a landscape design firm. Defendant Mark T. Coffin (“Coffin”) is an attorney. In September 2010, GDA and Coffin entered into a written contract by which Coffin agreed to provide legal and business services to GDA, including reviewing and revising its existing design and construction contract...

Excerpt: ... firm Nye, Stirling, Hale & Miller, LLP (NSHM). Defendants Betty Dunbar (Dunbar) and Dennis A. Peterson 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. By document filed on March 23, 2020, The NSHM firm associated in the law firm of Snell & Wilmer LLP (SW), as co- counsel for Northern Trust. On March 24, 2020, a First Am...

Excerpt: ...ed at 3375 Foothill Road, Unit 711, Carpinteria. (FAC, ¶ 7.) Defendant Nanci Robertson is the owner of real property located at 3375 Foothill Road, Unit 721, Carpinteria, which is the unit directly above Patterson's unit. (FAC, ¶ 9.) Between 2001 and 2018, multiple water leaks from Robertson's unit caused damage and required construction repairs to Patterson's unit. (FAC, ¶¶ 11-14.) On November 19, 2018, Patterson learned from the HOA manager...

Excerpt: ...s). (Complaint, ¶¶ 1, 3, 4.) On July 18, 2019, prior tenants Brianna Anugwum and Doris Jones (now no longer in possession) entered into a written agreement to rent the Premises. (Complaint, ¶¶ 6a, 6b.) Defendant Adam Unmuth is a subtenant, assignee, or guest. (Complaint, ¶ 6c.) Tenants Anugwum and Jones turned the Premises over to Unmuth in mid May 2020. (Complaint, ¶ 6d.) The intent was to add Unmuth to the lease as an assignee, however, U...

Excerpt: ...t between March 20, 2017 and November 27, 2017, she provided farm labor contractor services to defendants at defendant's request, and defendant presently owes $141,944.26, plus interest, and has not paid. Defendant answered on July 3, 2020. On November 27, 2019, this court ordered the case related to Gudino v. Hernandez, et al., Case No. 19CV03736 (in which there is also a request for a pretrial writ of attachment). Meanwhile, on October 29, 2019...

Excerpt: ...o quash service of summons for lack of personal jurisdiction and dismisses plaintiff Jacob O'Donnell's action against Mobility Lifter, LLC. Background On July 1, 2020, plaintiff Jacob O'Donnell filed a complaint against defendants Mobility Lifter, LLC (Mobility), and Health Wise at Home (Health Wise). Plaintiff alleges: Plaintiff had a brother and sister-in-law living in Massachusetts that he wanted to visit. Because his brother's home is not whe...

Excerpt: ... judgment debtor Dr. R. Gregory Lowry, DDS, Inc., for a protective order is granted. Judgment debtors are not required to produce the individual tax returns of Dr. Gregory Lowry in response to the subpoena here at issue. All parties' requests for awards of monetary sanctions are denied. Background: On June 10, 2013, judgment was entered in this action on the stipulation of the parties. On July 18, 2014, an amended judgment was entered, nunc pro t...

Excerpt: ...r.com; [email protected] Ruling: For the reasons set forth herein, the motion of plaintiffs for final approval of the settlement of this class action is granted. Counsel for the plaintiff class shall prepare and lodge with the court a judgment consistent with this order and California Rules of Court, rule 3.769(h). Background This is a putative class action involving gift cards. Plaintiff Karen Powell is a California resident and consumer. Defe...

Excerpt: ...2940, et seq.) ; declaratory judgment; wrongful termination in violation of public policy; and numerous wage and hour violations, including unpaid overtime, failure to provide meal and rest periods, failure to pay final wages in timely manner, noncompliant wage statements, and violation of Unfair Competition per Business and Professions Code section 17200, et seq. Plaintiff worked for defendant as an “intake specialist,” starting January 27, ...

Excerpt: ...as an easement over defendant's parcel for ingress, egress and driveway purposes. Plaintiff alleges that since the time the easement was created, conditions surrounding its use and scope have changed. There is currently no gate at the entrance of the easement, where the driveway meets Edison Road. Plaintiff has experienced trespassers and prowlers on her property, which she alleges are the result of the ungated driveway easement. Plaintiff seeks ...

Excerpt: ...l, Nussbaum & Polakov For Defendant Daniel Stawiecki: Scott L. MacDonald, Ivette Kincaid, MacDonald & Cody, LLP For Defendant Manifest Building, Inc., dba Ecolawn SB: Darren W. Epps, Epps & Gilroy LLP TENTATIVE RULING: The motion of defendant Daniel Stawiecki to strike portions of plaintiffs' complaint is denied. Defendant Stawiecki shall file and serve his answer to the complaint on or before October 13, 2020. Background: As alleged in plaintiff...

Excerpt: ...chis Balcazar: Brian Chase, Scott Ritsema, Bisnar Chase; Hussein A. Chahine, Chahine Law, APC For Defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Inc., Noe Santos Garza, David Ancelmo Patoja Ortiz, Jesus Pantoja, and Rebecca Pantoja: Jerri L. Johnson, Natasha A. Kader, Acker & Whipple For Defendant Ford Motor Company: Daniel S. Rodman, Sara G. Odegaard, Chariese R. Solorio, Snell & Wilmer LLP; Mary Quinn Cooper, Andrew L. Richardso...