Excerpt: ...s overruled in its entirety. Defendants are directed to file their answer to the FAC on or before October 8, 2020. Background: Plaintiff Normal Colavincenzo (Colavincenzo) filed this action on February 4, 2020. His operative First Amended Complaint (FAC), filed June 9, 2020, alleges causes of action for (1) violation of Labor Code section 970, and (2) fraud by false promise. It names as defendants ShelterBox USA, Inc. (ShelterBox), a Florida corp...

Excerpt: ...all be dissolved. Background: On September 12, 2019, the court entered a Judgment on Sister-State Judgment in favor of judgment creditor JP Wilson against judgment debtor Robert Shumake in the amount of $760,213.13. The underlying default judgment was entered in the Oakland C Michigan on February 27, 2019. On October 17, 2019, Shumake filed a motion to vacate sister state judgment, alleging that the judgment had been served by certified m an appe...

Excerpt: ... denies the motion in all other respects. The court denies the requests for monetary sanctions. 2. The court denies the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel further responses to request for production of documents, set one. The court denies the requests for monetary sanctions. 3. The court grants the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel furth...

Excerpt: ...imothy Delaney [“Defendant”], is represented by Martin P. Cohn Emails: [email protected]; [email protected] Rulings: 1. Defendant shall serve his responses to Form Interrogatories - General [Set No. One (1)] no later than September 25, 2020, at noon; and 2. Defendant shall serve his responses to Special Interrogatories [Set No. One (1)] no later than September 25, 2020, at noon; and 3. Plaintiff's Requests for Admission [Set No....

Excerpt: ...an R. Cole, Metzger Law Group For Defendant NuSil Technology LLC (Doe 1): Melissa J. Fassett, Timothy E. Metzinger, Price, Postel & Parma LLP For Defendant Praxair, Inc. (Doe 2): Thomas C. Corless, Sue H. Kim, Wilson, Elser, Moskowitz, Edelman & Dicker LLP RULING: For the reasons set forth herein: (1) The demurrer of defendant NuSil Technology LLC is sustained, with leave to amend, to each of the causes of action of plaintiff Barbara Sanchez's co...

Excerpt: ...0, to be heard, and defendant and cross-complainant Karl E. Pilgeram's Motion to Enforce Settlement in this action, which is set for hearing on October 23, 2020, to be heard. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his remains cryogenically preserved upon his death. To cover the cost of the procedure, Mr. Pilgeram purchased a $100,000 life insur...

Excerpt: ...tract, in which plaintiff sought $131,104.76 in damages. Defendant prevailed at trial. One of the contracts that was the subject of the action contained a provision entitling the prevailing party in any litigation based upon, arising from, or in any way related to the agreement or its contemplated transactions, to all reasonable fees and costs incurred, including all reasonable attorneys' fees and costs, and all reasonable expert witness fees and...

Excerpt: ...BH Holdings, LLC's motion to strike the answer of defendant Medtastic, LLC. The court grants defendant Medtastic, LLC ten days to file an answer by counsel. Background: On January 9, 2020, plaintiff BBH Holding, LLC, filed its complaint for breach of lease and breach of guaranties against Medtastic, LLC; Brian Beynon (also known as Gary Brian Beynon); and Zachary Berger. BBH is the lessor of a commercial building at 1030 Cindy Lane, Unit A, in Ca...

Excerpt: ... augment the record. On August 24, 2020, the court allowed additional briefing. Petitioner's additional brief was filed September 4, 2020 and County's was filed September 9, 2020. Whether the present petition is for traditional mandamus (Code Civ. Proc., § 1085) or for administrative mandamus (Code Civ. Proc., § 1094.5), the court's review of a governmental agency's actions or decisions is generally limited to the administrative record. Public ...

Excerpt: ...or defendant John Kenney Construction, Inc. George Knopfler of Hamrick & Evans LLP for defendant Big Red Crane Company, Inc. TENTATIVE RULING: The motion is granted, and this action is set for ta Case Management Conference on January 19, 2021, the date that the case would otherwise be entitled for preferential commencement of trial, with the understanding that it will not go forward on that date, but will be set in accordance with rules governing...

Excerpt: ... First Amended Complaint ATTORNEYS: Gary Ho for Plaintiff Sebastian Gupta Nina J. Kim for Defendant Mazda Motor of America, Inc. TENTATIVE RULING: Defendant's demurrer to plaintiff's third and fourth causes of action for breach of implied warranty under the Song-Beverly Consumer Warranty Act and unjust enrichment is sustained without leave to amend. As to plaintiff's remaining claims, defendant's demurrer is overruled. Defendant's motion to strik...

Excerpt: ...s complaint: Butler America, Inc., is the predecessor in interest to plaintiff Butler America, LLC (collectively, Butler or Buyer). (Complaint, ¶ 1.) On September 21, 2013, Butler purchased Kenton Group.com, LLC, (Kenton or Company) and Double Eagle Design (Double Eagle) (collectively, the Kenton Group Acquisition) pursuant to an Equity Purchase Agreement (EPA). (Complaint, ¶ 8 & exhibit 1 [the EPA].) Butler had retained its attorney, defendant...

Excerpt: ... Court has reviewed the Administrative Record lodged by petitioner, and refers to the record for the full factual background of this proceeding.] Born in 1978, Uhrig underwent two kidney transplant procedures as a child, the first in 1985, and the second in 1996. Uhrig began work as a custody deputy in September 2006. He worked for the Santa Barbara County Sheriff's Department as a custody deputy at the county jail from 2006 through 2017. He sust...

Excerpt: ...s granted as set forth herein. Plaintiff is awarded monetary sanctions in the total sum of $3,500.00. 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. Plaintiff was employed by defendant from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plain...

Excerpt: ...filing of their motion to strike and/or tax costs and grants their motion to strike and/or tax defendants Adi Kazali, Santy Kazali, and Harry Kazali's memorandum of costs. 3. The court denies defendants Adi Kazali, Santy Kazali, and Harry Kazali's motion for attorney's fees under CCP § 128.5. The court orders defendants Adi Kazali, Santy Kazali, and Harry Kazali to pay plaintiffs' attorney, Brendan Patrick Maloney, expenses and attorney's fees t...

Excerpt: ... on December 29, 2017. Background On January 11, 2012, the court entered a Judgment by Stipulation in the amount of $9,538.42 in favor of plaintiff Citibank (South Dakota), N.A., against defendant Fernando B. Arroyo. On December 29, 2017, plaintiff filed an Acknowledgement of Satisfaction of Judgment, which had Case Number 1372356 in the caption and referenced a judgment entered on January 31, 2011, not January 11, 2012. (Case No. 1372356 involve...

Excerpt: ...mblisslegal.com; [email protected] RULING: For the reasons set forth herein, the petition of petitioner Jeremy Paul Santizo for issuance of a writ of mandate is denied. Background On February 19, 2020, A.J. Kretzmar, Driving Safety Officer for the California Department of Motor Vehicles, issued a Notification of Findings and Decision (Decision) following an administrative hearing held on February 13, 2020, regarding the revocation of the ...

Excerpt: ... plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc., are jointly and severally liable. Background On October 31, 2018, plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc. (Above All), filed a complaint for libel against Doe defendants. Above All is a flight school, private plane scenic tour company, aircraft maintenance facility, and charter flight operator operating at the Santa Barbara Airport. On or about...

Excerpt: ...ve Mandamus and Judicial Review of Administrative Hearing. Respondent is Steve Gordon, Director of the California Department of Motor Vehicles. (The court will refer to respondent as “DMV.”) The petition seeks review of DMV's suspension of Munoz's driving privileges. On June 5, Munoz filed an ex parte application for a stay of the suspension of her driving privileges. Munoz notified DMV of the application by phone and transmitted a copy of th...

Excerpt: ... alleges causes of action for violation of residents' rights under Health & Safety Code section 1430(b), elder neglect, and wrongful death. Brought by surviving child Yolanda Salgado-Tovar, the complaint names as nominal defendants Mr. Salgado's surviving spouse and other living children. The complaint alleges that 89-year-old Mr. Salgado was admitted to a skilled nursing facility operated by California Convalescent hospital of Santa Barbara, Inc...

Excerpt: ... answer to the first amended complaint on or before September 21, 2020. Background: As alleged in plaintiffs' first amended complaint (FAC): In the summer of 2016, plaintiffs Barranca Enterprises, Inc. (Barranca), and MLG Leasing, Inc. (MLG), were approached by defendant Gregory R. Reitz, who made a proposal to develop the plaintiffs' properties located on the corners of Garden Street and Anapamu Street in Santa Barbara. (FAC, ¶ 11.) Reitz toute...

Excerpt: ...al.) Ruling: The Court grants the motion of defendant David Snider; defendant and cross-complainant Snider Investments, LLC; and cross-complainant Morongo Equity Partners I, LLC, to transfer and consolidate Riverside Superior Court case Eco Property Group, LLC, an behalf of Morongo Equity Partners I, LLC v. Snider Investments, LLC, et al., Case No. PSC2002900. Background These disputes arise out of the formation of Southern California Cultivation...

Excerpt: ... of proof. Background This is a wrongful death action, brought by plaintiff Ana Cecilia Martinez, the mother of decedent Miguel Angel Martinez (decedent). The complaint, filed March 12, 2018, alleges a single cause of action for wrongful death against defendants Antonio Jaimez, Ciervo Farming Co. LLC, Goleta Farms LLC, Oxnard Coastal Investments LLC, RDC Farming LLC, and Does 1-100. The four named LLC defendants were dismissed by plaintiff on Oct...

Excerpt: ...laintiff Michael Herrera is sustained, with leave to amend, as to the second (elder abuse), third (negligent infliction of emotional distress), fourth (intentional infliction of emotional distress), fifth (breach of fiduciary duty), seventh (negligence), and eighth (accounting) causes of action, and is in all other respects overruled. Plaintiff shall file and serve his second amended complaint on or before September 16, 2020. Background As allege...

Excerpt: ...rk Gilbert, M.D.: James M. Burgess, Melissa M. Mikail, Sheppard, Mullin, Richter & Hampton LLP TENTATIVE RULING: For the reasons set forth herein, this action is stayed pending the disposition of Change Healthcare Practice Management Solutions, Inc., et al., v. Schoengold, et al., Ventura County Superior Court case No. 56-2020-00541602-CU-BT-WA. Background: On April 17, 2020, plaintiffs Alan Schoengold, M.D., Prof. Corp. dba SeaView IPA (Medical ...

Excerpt: ...urk & Burk For Defendants Richard Acosta, Eric Clarke, Inception Altanova Sponsor LLC, Inception Altanova LLC, and Altanova, LLC aka Raia Altanova LLC: James L. Greeley, Alexander R. Safyan, VGC, LLP For Defendants Michael Steinberg and Zevo Drive Holdings, LLC: Michael V. Mancini, John V. Shenk, Lilit Mkrtchyan, Mancini Shenk LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Richard Acosta, Eric Clarke, Inception A...

Excerpt: ...ntiff Beach Front Construction Company shall serve verified further responses, in a form complying with the Code of Civil Procedure, on or before September 14, 2020. (2) For the reasons set forth herein, the motion of defendant Homer T. Hayward Lumber Co. to compel further responses of plaintiff Uptown Center, LLC, to special interrogatories, set two, Nos. 47 through 60, is granted. Plaintiff Uptown Center, LLC, shall serve verified further respo...

Excerpt: ...tion of Skylar L. Gauss, individually, for contempt as to attorney Robert Forouzandeh is denied. Background: On March 25, 2019, plaintiff Saticoy Development Company, LLC (Saticoy) filed its original verified complaint in this action asserting four causes of action: (1) quiet title; (2) declaratory relief; (3) injunctive relief; and (4) conversion of personal property. On May 14, 2019, defendant Skylar L. Gauss, a self-represented defendant, in h...

Excerpt: ...to amend. Background: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. On December 13, 2019, the court sustained defendants' demurrer to the Commission's complaint for failure to join the federal government as an indispens...

Excerpt: ...aye Scholer LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; RULINGS: (1) For the reasons set forth herein, the motion of Jules Vanden Berge to intervene in this action is granted. Intervenor Vanden Berge shall file and serve her complaint in intervention on or before August 31, 2020. (2) For the reasons set for...

Excerpt: ...r Rocha and Sons Transport, LLC Gerald B. Velasco of Stratman, Schwartz & Williams-Abrego for RC Tractor Parts RULING: With respect to plaintiffs' complaint, the motion to summarily adjudicate the first through sixth causes of action in Rocha's favor is granted; in all other respects, the motion is denied. With respect to the cross- complaint filed by RC Tractor Parts, the motion is denied. Background This action, filed on December 21, 2018, aris...

Excerpt: ...mary judgment, the motion is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND In this action, plaintiff Laurie Ann Humberd has sued defendants Jackson and Engberg Medical Corporation dba Jackson Medical Group, Inc. (“Jackson Medical”) and Nancy Warner, NP (“Warner�...

Excerpt: ... Floral Company Carpinteria, Inc.: Steven M. Selna, Robert W. Selna, Selna Partners LLP RULING: For the reasons set forth herein, the motion of plaintiffs Joseph Magazino, Sunshine Organics, LLC, Sunshine Organics Greens, Inc., for issuance of a preliminary injunction is denied. Background On October 15, 2015, plaintiff Sunshine Organics Greens, Inc. (Sunshine Greens) entered into a written agreement (Lease) with defendant Westland Floral Company...

Excerpt: ...rthern Division, issued an order indicating that “there is no stay in this case prohibiting the enforcement of a final judgment against Salvatore Espresso Systems, Inc.” The bankruptcy court also lifted any stay involving the individual debtors Salvatore Cisaria and Wendy Stephen, meaning the motion on calendar today can go forward against them as well, although enforcement of any judgment must be made/advanced through the bankruptcy proceedi...

Excerpt: ...o plaintiff Romo Feather, Inc.'s first amended complaint. Background In its First Amended Complaint (FAC), plaintiff Romo Feather, Inc. (Romo), alleges: Romo owns property at 670 Romero Canyon Road in Montecito. [FAC ¶1] Defendants Fay Servicing, LLC (Fay); U.S. Bank, N.A., as legal title Trustee for Truman 2016 SC6 Title Trust (Truman), and Attorney Lender Services, Inc. (Attorney) are engaged in efforts to foreclose on the property commencing ...

Excerpt: ...dants Frederick A. Aspenleiter and Aspen Custom Interior Woodworking, Inc. TENTATIVE RULING: The Court will grant the motion in part, and award Aspen the amount of $28,890 in attorneys' fees, and will deny the motion in pary, denying any greater amount of fees, and denying the request for further imposition of the 2% per month penalty. Background: This action concerns a contract for the installation of custom cabinetry. In October 2014, plaintiff...

Excerpt: ... is granted. Judgment shall be entered in favor of plaintiff and against defendant William Scott Griffiths the sum of $438,741.96, plus attorney's fees and costs, which shall be determined by separate motion. BACKGROUND: This is an action for breach of a written guaranty agreement. On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. (“Ultimate Brands”) for the principal sum of...

Excerpt: ...orporation Richard H. Glucksman for Cross-Defendant and Cross-Complainant McCoy Electronic Corporation Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and Stuart Rubin TENTATIVE RULING: The motion of Plaintiff McCoy Electric Corporation for an order severing its complaint for fees from the cross-complaint for construction defects filed by defendants Annette Rubin and Stuart Rubin is denied. BACKGROUND: This action arises...

Excerpt: ...ard I. Wideman and Kristin Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. Motion: Plaintiffs move for further responses from defendant Conway, without objection, to Form Interrogatories (FI) ##2.6, 2.7, 3.7, 12.0, 12.3, 12.4, 15.1, 16.2(b...

Excerpt: ...ued by Plaintiff Joi Stephens to Jacquelyn Quinn Attorneys: For Plaintiff: John B. Richards For Defendant: Heather L. Rosing, et al. (Klinedinst PC – San Diego) Emails: [email protected]; [email protected]; Benjamin C. Wohlfeil ; Michael McNally [email protected] Ruling: Defendants' three motions to quash deposition subpoenas are moot as the subpoenas were withdrawn after the motion was filed. The Court orders...

Excerpt: ...h the deposition subpoena issued to Quest Diagnostics and modifies the subpoena to request documents as follows: all documents that reflect Damian Garcia's compensation and benefits from commencement of his employment to present; all documents that refer, relate, or pertain to any discipline of Damian Garcia impacting his compensation and benefits; and all documents that refer, relate, or pertain to any request for accommodation of plaintiff for ...

Excerpt: ...co.santa-barbara.ca.us; [email protected]; [email protected]; RULING: The motion by claimants Arroyo Verde Farms, Inc. and Eagle Bay Enterprises, Inc. dba ProCan Labs for return of seized currency in the amount of $620,998.00 is denied. BACKGROUND On January 22, 2020, the Santa Barbara County Sheriff's Department pursuant to a search warrant seized $620,998.00 in U.S. currency and 1,800 pounds (323 jars) of cannabis oil from real p...

Excerpt: ....com RULING: The demurrer is sustained, with leave to amend on or before September 1, 2020, or such other later date as the Court might set at the hearing on this demurrer. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 201...

Excerpt: ...he March 11, 2020 arbitration award. The court will enter the proposed order of judgment submitted to the court on July 22, 2020. In item 2 of the proposed order of judgment, the court will add the amount of $1,627.30. Discussion: Petitioner RHC Construction, Inc., seeks confirmation of a contractual arbitration award against respondent Edward Paquette, dba Doors Are Us. The parties had entered into a Construction Contract and agreed to arbitrati...

Excerpt: ...ndants TENTATIVE RULING: The motion is granted. Background: This is an action for violations of the Private Attorneys General Act (PAGA). After identifying potential Labor Code claims against defendants, plaintiff sent a statutory notice to the California Labor and Workforce Development Agency (LWDA) declaring her intent to proceed with enumerated Labor Code claims on behalf of herself and other aggrieved employees. An amended notice was set two ...

Excerpt: ...t, plaintiffs Astrid G. Nelson Megel and Clifford Nelson's motion to set/compel depositions of defendants' employees Dwayne Bird, Marjorie Kelbacher, and Robert Gillis. The depositions shall take place at times agreed by the parties. The depositions shall be taken remotely, if the parties agree, otherwise, the deposition of Dwayne Bird will take place in South Carolina; the deposition of Marjorie Kelbacher will take place within 75 miles of her r...

Excerpt: ... denied. BACKGROUND: This is an action for various employment-related and whistleblower claims by plaintiff against her former employer and former supervisor. Plaintiff alleges that she is disabled and that she was subject to discrimination, harassment, and wrongful termination because of her disability and gender. Defendants deny the allegations. There are two motions currently before the court. In the first motion, defendants seek an order comp...

Excerpt: ...ackground: This is a purported class action for wages and Labor Code violations. In a complaint filed on March 4, 2020, against defendant Parks Management Company, plaintiffs Tayler Hannes and Paul Voigt asserted causes of action for 1) failure to pay wages and/or overtime; 2) meal break violations (Labor Code § 226.7); 3) rest break violations (Labor Code § 226.7); 4) waiting time penalties (Labor Code § 203); 5) unreimbursed mileage (Labor C...

Excerpt: ...d and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. On November 8, 2018, Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross-complaint against Wasito and Soenjoto (served on August 28, 2018) and, on December 21, 2018, filed a first amended cross- complaint (FACC) for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and negligent misrepresentati...

Excerpt: ... the reasons explained herein, the demurrer is sustained, with leave to amend on or before September 1, 2020. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 2018, plaintiff's decedent, Alessandro Esquivel, a student at UCSB...

Excerpt: ...he court grants defendant Carolyn Maguire's motion for determination of good faith settlement with plaintiff Wyatt Dennett. Claims against defendant Carolyn Maguire for contribution or indemnity are barred as provided in CCP §§ 877 and 877.6(c). Background On August 22, 2019, plaintiff Wyatt Dennett brought this action for personal injuries he suffered on October 27, 2018, when he dropped to the ground from a deck on the premises at 830 Chelham...

Excerpt: ...ion to Compel Compliance with Records Subpoena and Request for Sanctions ATTORNEYS: Samantha M. Baldwin for Plaintiff Suzannah Taylor Jessica Saldo for Defendants Mission Plumbing and Jerry Garcia Joel B. Douglas for Nonparty Santa Barbara Behavioral Health, Inc. Emails: [email protected]; [email protected]@statefarm.com; [email protected] RULING: Defendants' motion to compel nonparty medical provider to comply wit...

Excerpt: ... Iaian Filippini: Adam M. Zolonz, Jeffrey A. Zolonz, Stephen Parnell, Law Offices of Adam Zolonz For Defendant Tesla, Inc.: Soheyl Tahsildoost, Theta Law Firm, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer of defendant Tesla, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action of the complaint of plaintiffs Alexandro Filippini and Iaian Filippini. Plaintiffs shall file and serve ...

Excerpt: ...the disposition of an appeal in a potentially related action now before the Court of Appeal. (1) City of Torrance Action On March 22, 2019, the City of Torrance (Torrance), which is not a party to this action, filed a complaint in Los Angeles County Superio r in City of Torrance v. Southern California Edison Company, Los Angeles County Superior Court case No. 19STCV10249 (City of Torra n failure to comply with the Torrance Municipal Code. (SCE Re...

Excerpt: ...ichal Wadsworth to appear and testify at deposition is granted. Plaintiff's motion to compel site inspection of defendant's premises is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: Plaintiff Chelsea Herzog is a former employee of defendant NuSil Technology, LLC (“NuSil”). Plaintiff worked for defendant as an analytical technician from April 2016 until December 2018. Defendant Michal Wadsworth (“Wadsworth...

Excerpt: ...ld the vineyard, both the business operations and the land, to defendant Randeep Singh Grewal (“Grewal”), the owner of defendant Ca' Del Grevino, LLC dba Grevino Estate Vineyards (“Vineyards”), located at 2510 E. Clark Avenue, Santa Maria, California 93455. As part of the purchase agreement, Grewal agreed to employ Addamo as the President and General Manager of Vineyards with an annual salary of $200,000. In addition, Addamo was to be pai...

Excerpt: ...he court denies plaintiff Chris White's request for expenses and attorney fees. Background: This action arises out of a residential lease agreement. On October 1, 2016, plaintiff Chris White (“White”) entered into a month-to-month lease of real property located at 726 W. Pedregosa Street in Santa Barbara. (Although the third amended complaint still lists William Levi and Rachel Levi as plaintiffs, they were dismissed from the case with prejud...

Excerpt: ...ement, at or before the final approval hearing. Discuss with counsel the nature of the $5,000 class enhancement amount, which involves a multiplier of 7.8125 over the average payout of $640. While this is not extreme under existing case law, ask plaintiff what facts exist to justify that amount. Discuss what the PAGA statutory scheme requires from a trial court when determining the reasonableness of the PAGA settlement amount. Direct plaintiff's ...

Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a ...

Excerpt: ...d Farmer. Further, Farmer requests that the Court retain jurisdiction to enforce this settlement pursuant to Code of Procedure section 664.6. This motion is made pursuant to Code of Civil Procedure section 664.6 and on the grounds that: the parties' claims have been addressed in the Settlement, which is fair and equitable for the parties, as well as for the potential beneficiaries of the Carrari Family Trust.” (Emphasis added.) Both the notice ...

Excerpt: ...al, Inc.: Randall F. Koenig, Bryan C. Oberle, Koenig Jacobsen LLP For Cross-Defendant Cini-Little International, Inc.: Sharon Sanner Muir, Nicole G. Thal, Collins Collins Muir + Steward LLP (For other parties see list) Emails: [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; steve...

Excerpt: ...n & Pulverman) For Defendant: Tracy M. Lewis (Wood, Smith, et al. – Aliso Viejo) Tentative Ruling: The court denies petitioner Cynthia Stebbins's petition to compel underinsured motorist arbitration and to appoint arbitrator. Background: Plaintiff Cynthia Stebbins obtained Umbrella Policy No. U1A2UB1167412-01 from defendant American Alternative Insurance Corporation (“AAIC”) for the period of January 20, 2017, to January 20, 2018. The umbre...

Excerpt: ... Mercury Bowl, LLC's Motion to Quash Service of Summons and Second Amended Cross-Complaint Attorneys: For Plaintiff/Cross-Defendant Pico Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: represents self For Cross-Defendant Baschung: Brian Smith (Manning & Kass, et al. – Los Angeles) For Cross-Defendants Shabani, Optimus Properties, Green Rivera, and Mercury Bowl: K. Joseph Shabani ...

Excerpt: ...ant and plaintiff entered into a written lease dated June 1, 2006. On February 1, 2020, plaintiff personally served a 3-day notice to quit on defendant. In the notice, plaintiff states that, on October 30, 2019, defendant gave notice to move out by January 31, 2020. On January 21, defendant delivered notice that he no longer wanted to move out. Plaintiff states: “I'm not able to accept reason Safety & Firehaz (sic).” Demurrer: Defendant demur...

Excerpt: .... The motion is denied as to the first cause of action and as to that portion of the second cause of action based upon intrusion. (2) For the reasons set forth herein, the demurrer of defendant Dana Cook to the first amended complaint is moot as to those causes of action for which the special motion to strike has been granted, is overruled as to the first cause of action, and is sustained, with leave to amend, as to that portion of the second cau...

Excerpt: ...ed. The court allows costs in the amount of $4,351.22. Background: On January 30, 2020, after a three-day court trial, the court found in favor of plaintiff People's Self-Help Housing Corporation (PSHHC), announced judgment in favor of plaintiff and against defendant Superior Millwork of SB, Inc. (Superior) in the amount of $190,634, found that Superior did not prevail on the cross-complaint, and reserved the issue of fees and costs. On February ...

Excerpt: ...t 23 East Cabrillo Boulevard, Santa Barbara, California 93101. On January 5, 2017, plaintiff Hannah Beachfront, LLC, as lessor, and defendant TWHGP, LLC, as lessee, entered into a ten-year written lease agreement for the premises. The agreed rent was $12,000 per month, triple net. Pursuant to a written amendment to the lease agreement, dated October 2, 2018, rent was to commence on the date defendant first opened its doors for business after rece...

Excerpt: ...l: [email protected]; [email protected]; Ruling sent RULING: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's property pending completion of this action or further order of the court. 2. The CMC is set for 10am. BACKGROUND This is an action for preliminary and permanent injunction to prevent defendants from foreclosing on plaintiff's property. Plaintiff Maria Herna...

Excerpt: ...administrative mandamus. The Court dissolves its September 18, 2019, order staying the license suspension and re-imposes the Department of Motor Vehicle's suspension of petitioner's driving privilege. Ruling sent Background This is a petition for writ of mandate and judicial review of the Department of Motor Vehicles (DMV) Findings of Fact and Decision dated August 17, 2019, which re-imposed the suspension of petitioner Julian Oscar Gerson's driv...

Excerpt: ...in, the motion of plaintiff and petitioner Las Posas Basin Water Rights Coalition to consolidate case No. VENCI00509700 and case No. 20CV02036 is denied. These two cases will remain as separate, related cases. Background: There are two cases involving plaintiff and petitioner Las Posas Basin Water Rights Coalition (Coalition) and defendant and respondent Fox Canyon Groundwater Management Agency (Fox Canyon): Las Posas Valley Water Rights Coalitio...

Excerpt: ...ion for preliminary injunction is denied. The TRO issued by this court on June 17, 2020, restraining and enjoining defendant, and all of her agents, from transferring, distributing, or otherwise disposing of the funds and other assets seized by law enforcement is ordered dissolved. BACKGROUND: Plaintiff Cindy M. Hann is a professional child-visitation supervisor. At the time of the events in this case, plaintiff was supervising a twelve-year-old ...

Excerpt: ...duce Documents 2. Motion to Compel Responses Without Objection to Plaintiff's First Set of Special Interrogatories 3. Defendants' Motion to Quash or, in the Alternative, to Modify Plaintiff's Deposition Subpoena for Production of Business Records to First Republic Bank and Request for Monetary Sanctions Against Plaintiff and/or Its Counsel Attorneys: For Plaintiff: Jacqueline N. Anker For Defendants: Keven Steinberg (Sherman Oaks) Tentative Rulin...

Excerpt: ...TORNEYS: Alan D. Condren for Plaintiff Jonas Svensson Steven M. Selna for Defendants i073 Investments, Inc., Tristan Strauss, and Brian Casey 1. Motion to Compel Arbitration TENTATIVE RULING: Defendants' motion to compel arbitration of plaintiff's sixth and seventh causes of action for breach of contract and declaratory relief is granted. The arbitrable claims, however, are ordered stayed pending trial of plaintiff's first through fifth causes of...

Excerpt: ...the arbitration. BACKGROUND: This is a putative class action wage and hour dispute. Plaintiffs Armando Nunez, Alejandro Camacho, and Jacob Sullivan were plumbing technicians employed by defendants Rotoco, Inc. dba Roto-Rooter Plumbers, Santa Barbara Roto- Rooter, Inc., Monterey Rotoco, Inc., and Norcal Rotoco, Inc. Plaintiffs' third amended complaint, filed on February 19, 2020, alleges causes of action for (1) failure to pay overtime wages, (2) ...

Excerpt: ...ses to requests Nos. 1 through 20, without objection except as to privilege, in a form complying with the Code of Civil Procedure on or before August 21, 2020. To the extent any response is qualified on the basis of privilege, plaintiff shall state the extent of the qualification and provide in the response such additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in favor of defendant Louis ...

Excerpt: ....'s Motion for Determination of Good Faith Settlement ATTORNEYS: Brian D. Chase for Plaintiffs Amirani Rios, a minor by and through her Guardian ad Litem Juan Rios, and Hiromi Rios, a minor by and through her Guardian ad Litem Juan Rios James J. Yukevich for Defendant Michelin North America, Inc. April C. Balangue for Defendant Costco Wholesale Corporation Sean Burnett for Defendant Omar Cabrera Email addresses: [email protected]; shiltz@bis...

Excerpt: ...YS: For Plaintiff Joi Stephens: John B. Richards For Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Kleindinst PC Email addresses: [email protected]; [email protected]; [email protected]; Emailed 7/17 RULINGS: (1) As set forth herein, the motion of plaintiff Joi Stephens to compel further responses to plaintiff's request for production of ...

Excerpt: ...ds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND This is an action for alleged dental malpractice arising out of the care and treatment of plaintiff Corey Norgren by defendants Omid R. Barkhordar, D.D.S. and Omid R. Barkhordar, D.D.S., Inc. dba See Me Smile. On February 14, 2019, plaintiff pr...

Excerpt: ...nvestments, Inc., Tristan Strauss, and Brian Casey TENTATIVE RULING: Defendants' motion to compel arbitration of plaintiff's sixth and seventh causes of action for breach of contract and declaratory relief is granted. The arbitrable claims, however, are ordered stayed pending trial of plaintiff's first through fifth causes of action. BACKGROUND: Plaintiff Jonas Svensson (“Svensson”) is a current shareholder and former employee of defendant i0...

Excerpt: ... court grants plaintiff City of Goleta's Motion for Prejudgment Possession. The court will sign the proposed order that plaintiff submitted on March 17, 2020. Background: On March 10, 2020, plaintiff City of Goleta filed a complaint in eminent domain to acquire a fee interest, a permanent easement for flood control and drainage interest, and two temporary construction easement interests in portions of property located at 490 S. Fairview Avenue in...

Excerpt: ...on for a protective order to September 25, 2020. Background: Plaintiff Grant Beall (Beall) was a tenant and resident of 6606-6608 Del Playa, HSE, in Isla Vista. The landlord was defendant Ronald L. Wolfe and Associates (Wolfe). In his second amended complaint (SAC), Beall asserts a class action related to Wolfe's pre-termination notice, personal property destruction, vendor oversight fees, and security deposit itemization. The causes of action in...

Excerpt: ...ust 3, 2020. Background: As alleged in plaintiff Roger Perry's complaint, defendant Scott William Powers and his company, Coast Transportation Insurance Service (Coast), engaged in numerous actions to damage Perry's business. These actions included forging Perry's signature on documents Powers sent to the California Department of Insurance seeking to dissolve Perry's business and cancel Perry's insurance licenses (Complaint, ¶¶ 8-13), sending f...

Excerpt: ... to assess whether the settlement is “in the ballpark.” (City of Grand Terrace v. Sup.Ct. (Boyter) (1987) 192 Cal.App.3d 1251, 1262—where nonsettling defendants contest “good faith,” the settlement proponent must make a sufficient showing of all the Tech- Bilt factors. Such showing may be made either in the original moving papers or in counterdeclarations filed after the nonsettling defendants have filed an opposition challenging good f...

Excerpt: ...e that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) The inclusion of “immaterial” facts leads to a bloated record, and is disapproved of by Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243. The court deems objected-to facts on which it does not specifically rule (see discussion below) to be immaterial to its ruling. Motion for Summary Adjudication of Plaintiff's First Cause of Action for ...

Excerpt: ...n front of the entrance to defendant Trader Joe's Company, Inc.'s store located in the Calle Real Shopping Center in Goleta, when defendant Berl Golomb pulled his Toyota Prius into a parking space directly in front of the store at an excessive rate of speed, jumped the concrete tire stop, and struck Matthew Quirk, who was standing on the sidewalk. The Prius continued forward, taking Matthew Quirk with the vehicle as it crashed through the front d...

Excerpt: ...s action arose out of plaintiff Kim Levine's tenancy of residential property pursuant to a written lease with defendant Janet Bergschneider, aka Jenna Berg. Defendant Bungalow, LLC, managed the property. Levine, on behalf of herself and her son Santo Massine, filed an action for breach of contract, breach of warranties, negligence, and private nuisance. Levine alleged mold contamination of the property. Defendants/cross-complainants Janet Bergsch...

Excerpt: ...st, second, and fifth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta with leave to amend. The Court overrules the demurrer of defendants William J. Gunson and Lori Heinze to the third and fourth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta. If plaintiffs choose to amend their operative complaint as to the first and second ca...

Excerpt: ...otion to compel defendant Steven J. Sherwin's attendance at a remotely- conducted deposition. The Court denies the requests for monetary sanctions. Emailed 7/10 Background Plaintiffs' complaint, filed June 12, 2018, alleges causes of action for negligence, negligent infliction of emotional distress, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It aris...

Excerpt: ...ned community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. [Citations.] In turn, the ‘community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the...

Excerpt: ... are what appear to be two written agreements, consummated between June 20, 2010, and July 1, 2019, titled “Farm Labor Contractor H-2A Services Agreement[.]” In the first agreement, plaintiff agreed to provide defendant 50 farm workers through its “2019 H-2A” program. In the second agreement, plaintiff agreed to provide defendant an additional 70 H-2A workers. Plaintiff alleges that defendant “failed to pay . . . for services under the ...

Excerpt: ...rphy For Defendants Lawrence P. Grassini, Trustee or any Successor Trustee of the Lawrence P. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP TENTATIVE RULING: Th...

Excerpt: ...n for Writ of Mandate and Cross-Complaint for Injunctive Relief, Declaratory Relief, and Civil Penalties Attorneys: For Plaintiff: Duff Murphy (Oliver, Sandifer & Murphy – Manhattan Beach); Scott Greenwood (Deputy County Counsel) For Defendant: Todd A. Amspoker (Price, Postel & Parma) Tentative Ruling: 1. The court denies plaintiff County of Santa Barbara's motion for order for prejudgment possession under CCP § 1255.410. 2. The court overrule...

Excerpt: ...l motion to strike the complaint under Code of Civil Procedure Section 425.16 is denied. BACKGROUND: Plaintiff Alexandro Filippini is an investment advisor and the owner of Filippini Wealth Management, Inc. (“FWM”). FWM has a Facebook homepage that invites comments and reviews from current and former clients. Sometime between December 16 and December 18, 2018, defendant Jean Avrick, a former client, posted a review on FWM's Facebook page, acc...

Excerpt: ... Trust u/d/t Dated November 13, 1987 Email [email protected]; [email protected]; [email protected]; RULING: 1. The motion of defendant Joi K. Stephens, trustee, to disqualify attorneys Mullen & Henzell, LLP from representing plaintiffs in this action is granted. Defendant's motion to strike all pleadings filed by Mullen & Henzell, LLP in this case and the related creditor claim proceedings is denied. 2. Another CMC is set, sua ...

Excerpt: ...laintiff: Scott A. Ritsema (Bisnar Chase – Newport Beach); Renee J. Nordstrand (NordstrandBlack PC) For Defendant/Cross-Complaint/Cross-Defendant SCE: Jason M. Booth, et al. (Booth LLP – Los Angeles); Laura A. Meyerson (Rosemead) For Defendant/Cross-Complaint/Cross-Defendant Utility Tree Service: Jeffrey N. Leader, et al. (Maranga Morgenstern – Woodland Hills) For Defendant/Cross-Complaint/Cross-Defendant CN Utility Consulting: Domineh Faze...

Excerpt: ... RULING: As explained below, the demurrer to the first cause of action for malicious prosecution and the second causes of action for intentional infliction of emotional distress are sustained on immunity grounds, with leave to amend. To the extent that the third cause of action for negligence is based upon the individual defendants' general negligence, it is also sustained on immunity grounds, with leave to amend. To the extent the third cause of...

Excerpt: ...ndant shall file and serve her responsive pleading to the cross-complaint (as stricken) on or before July 16, 2020. The court will determine all issues with respect to an award of attorney fees upon appropriate application by cross-defendant. Plaintiff shall file and serve a completed civil case cover sheet addendum pursuant to Santa Barbara County Superior Court Local Rules, rule 1310, on or before July 16, 2020. Background: (1) Plaintiff's Comp...

Excerpt: ...chmidvoiles.com; Defendant Dr. Reddy's – [email protected]; RULING: Defendants' motion for summary judgment is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. Tentative and CMCO emailed BACKGROUND Plaintiff Laurie Ann Humberd's first amended complaint alleges a single cause of act...

Excerpt: ...tabarbaraca.gov) Tentative emailed Rulings: 1. The Court denies defendant City of Santa Barbara's motion for judgment on the pleadings or, in the alternative, to strike certain allegations. 2. The CMC and the Motion will both be heard on the 10am calendar. Background Plaintiff Santa Barbara Inland & Coastal Property Rights Association challenges the approach of defendant City of Santa Barbara to regulation of short term rental properties (“STRs...

Excerpt: ...rogatories, Set One, From Defendant Union Pacific Railroad Company and Request for Sanctions 2. Motion to Compel Further Responses to Special Interrogatories, Set One, From Defendant National Railroad Passenger Corporation dba Amtrak and Request for Sanctions Attorneys: For Plaintiff: Anthony E. Vieira (Berglund & Johnson – Woodland Hills) For Defendants Amtrak and Union Pacific: Brock Christensen (Sims Law Firm – Irvine) Tentative Ruling: 1....