Excerpt: ... & Stark and Alex Hartounian for defendant Peter Levy, D.C. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; Tentative emailed RULING: (1) Because there is no indication in the court file that Dr. Frawley has ever been provided with notice of the June 23, 2020, hearing date on the motion to compel his compliance with the subpoena duces tecum served upon him by defendant Levy, the Court will c...

Excerpt: ...ling: 1. The Court denies in part and grants in part defendants Moki Doorstep, Inc., a Delaware corporation; Zachary Brown, and Alyssa Brown's motion to dismiss or stay proceeding pursuant to CCP §§ 418.20 and 410.30. The Court orders that this proceeding is stayed as to the tenth cause of action in plaintiff Rodney Lewis's complaint. The Court denies the motion to dismiss or stay the proceeding in all other respects. 2. The Court grants defend...

Excerpt: ...anctions of $2,500 to plaintiffs. (2) The motion compel defendant Baratto to provide further answers to interrogatories is granted, and Baratto is ordered to serve further verified responses to the interrogatories no later than June 29, 2020. No sanctions are awarded on this motion. Background: On March 8, 2019, plaintiffs Astrid G. Nelson Megel, individually and as trustee for The Westside Irrevocable Trust, and Clifford Nelson filed their origi...

Excerpt: ...ise to criminal proceedings. (1) Chronology of Events Defendant Coast Transport Insurance Service (CTIS) is a California corporation that operates an insurance agency. (Defendants' Response Separate Statement [DSS], undisputed fact 2.) Defendant Scott William Powers (Powers) is the CEO and President of CTIS. (DSS, fact 3 [undisputed on this point].) (Note: Plaintiff has numbered its separate statement facts consecutively in its separate statement...

Excerpt: ...rbara, California that grows and distributes various types of plants. Plaintiff worked for defendant for 22 years as a maintenance employee. Plaintiff alleges that defendant implemented various unlawful policies and practices that resulted in underpayment of wages and deprived employees of 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 w...

Excerpt: ...an Motorcars, Ltd. (DEM), believing that it was ne when it was not. As to demurring party AmTrust Financial Services, Inc. (AmTrust), plaintiff alleges that it is a Delaware corporation, and is the successor to CorePointe Insurances, LLC (CorePointe), who issued Dealer Surety Bond No. 60041 to Desert European Motorcars, Ltd (DEM) under the provisions of Vehicle Code section 17100, effective 2/5/2013, and is therefore liable for DEM's wrongful con...

Excerpt: ...y proceed. Background: Plaintiffs Joseph Mendoza and Femy Servellon are the parents of decedent Liliana Mendoza who died at defendants Bacon Family Childcare, Cathy's Daycare, and Cathleen Bacon's daycare facility. Plaintiffs' complaint is for general negligence. A CMC is scheduled for August 19, 2020. On January 30, 2020, the Santa Barbara District Attorney filed a criminal complaint against defendant Cathleen Bacon, charging her in connection w...

Excerpt: ... vehicle accident on December 25, 2018, apparently by defendant Wei Guan Hua. (Complaint, ¶ 1.) (Note: The qualification, “apparently” is because the only cause of action form attached to the Judicial Council Form Complaint does not name Wei Guan Hua as a defendant in any capacity of operation or ownership of the motor vehicle. (Complaint, ¶ MV-2.)) On October 29, 2019, plaintiff filed his original complaint in this action asserting one cau...

Excerpt: ...Lingham, and OCB Solvang, LLC Randall J. Dean for Defendant McGowan Guntermann, a California Corporation TENTATIVE RULING: Plaintiffs' motion for summary adjudication of the issue of duty is granted as set forth herein. Defendant's motion for summary judgment or adjudication is denied. BACKGROUND: This is an action for alleged accounting malpractice. Plaintiffs Frank Barranco (“Barranco”) and Thomas Lingham (“Lingham”) have been friends a...

Excerpt: ...intiffs Minerva Moreno and Leonidas Herrera, III, filed their original complaint in this matter asserting one cause of action for wrongful death against defendants Irma Blancarte, Rosa Blancarte, Monica Blancarte, and Kathryn Calzada dba Handprints Day Care. On January 24, 2020, defendant Rosa Blancarte filed her answer to the complaint. Also on January 24, defendant Irma Blancarte filed her answer to the complaint. The answer of Irma Blancarte w...

Excerpt: ...ff SRCT Holdings, LLC (“SRCT”) is the owner of the Property. On December 4, 2019, defendant U.S. Real Estate Credit Holdings III-A, L.P. (“U.S. Real Estate”) recorded in the Official Records of the County of Santa Barbara a Notice of Pendency of Action against the Property, Instrument No. 2019-0055855, regarding Los Angeles County Superior Court, West District, Case No. 19SMCV02061, U.S. Real Estate Credit Holdings III-A, L.P. v. Scott Ei...

Excerpt: ...ranting the remaining individual defendants' motion to quash and/or dismiss plaintiff Save the Valley, LLC's first amended complaint. The court ordered the first amended complaint dismissed. The dismissal was without prejudice pursuant to CCP § 389(b). The court noted, however, that it is clear that plaintiff cannot cure the defect because it cannot sue the United States in this court. (The remaining individual defendants were Kenny Kahn, Vincen...

Excerpt: ...tions & Financial Services, Inc., dba Baratto, Sullivan & Co., Insurance Agency is granted in part. To the extent required herein, on or before, June 29, 2020, defendant Baratto shall serve further responses to request for production Nos. 1, 2, 3, 4, 8, 9, 16 and 18, together with a privilege log identifying all responsive documents withheld from production and sufficient additional information for the court to be able to resolve the claim of pri...

Excerpt: ...he second amended cross-complaint on or before June 29, 2020. Background: (1) Procedural History On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (1240 EVR) filed its original complaint in this action against defendants Andy Goldman and Jan Goldman, Trustees of the Goldman Family Trust, Dated January 18, 2000 (collectively, the Goldmans) asserting causes of action for quiet title, continuing trespass, ejectment, and declaratory relief. On Aug...

Excerpt: ...z & Assoc. – Sherman Oaks) For Defendant: James M. Peterson, Geoffrey M. Thorne (Higgs Fletcher & Mack – San Diego) Tentative Rulings: 1. The court grants plaintiff Rosalva Carachure's motion to compel further responses to special interrogatories and orders defendant O'Reilly Auto Enterprises, LLC, to provide further responses to special interrogatories ## 20, 21, 40, 41, 44, and 45, on or before June 25, 2020. Defendant O'Reilly Auto Enterpr...

Excerpt: ...of attorneys' fees and costs and awards defendant the sum of $16,913.70 payable by plaintiff Jane Doe to Felix & Killen, Attorneys at Law, for the benefit of Peter S. Clark, due no later than June 30, 2020.. Background: This action stems from a sexual relationship between plaintiff Jane Doe (fictitious name) and defendant Peter Searle Clark. Plaintiff alleges that defendant intentionally and surreptitiously video and tape recorded their sexual en...

Excerpt: ...n S. Lucas, Deputy District Attorney For Defendants/Cross-Complainants Elian Hanna and Summerland Market: E. Patrick Morris Tentative Ruling: The court denies the motion of defendants/cross-complainants Elian Hanna and Summerland Market, Inc., for relief from order compelling responses to interrogatories and inspection demands. Elian Hanna and Summerland Market, Inc., shall comply with the court's February 26, 2020. Background: On February 26, 20...

Excerpt: ...d litem for plaintiff Jeffrey Hanson, for order approving compromise of pending action of person with a disability is granted as set forth herein. BACKGROUND: On February 26, 2018, plaintiff Jeffrey Hanson stepped off the curb into the cross-walk at the intersection of Hollister Avenue and Pine Street in Goleta, California when the light turned green and was immediately struck by a Ford F-250 pickup, which was traveling southbound on Hollister Av...

Excerpt: ...ardt, Ian A. Wright, Alston & Bird LLP For Defendant Gary Dorfman: Darren S. Enenstein, Ned M. Gelhaar, Dina Marie Randazzo, Ritsa Gountoumas, Enenstein Pham & Glass Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; RULING: (1) For the reasons set forth herein, the motion of defendant Gary Dorfman for determination that he is the prevailing party and for an award of...

Excerpt: [email protected]; Shahrokh@weinberg- gonser.com; [email protected]; RULING: The motion is granted. Background: Complaint Plaintiff ECO Property Group, LLC (ECO) filed the current complaint on September 17, 2019, naming as defendants Snider Investments (SI) and David Snider. The complaint states causes of action for breach of contract, breach of fiduciary duty, conversion, and fraud, among other claims, all arising from ECO's membership ...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ...Strike Portions of Second Amended Cross-Complaint Cross-Defendant Wolf Baschung's Demurrer to Second Amended Cross-Complaint Cross-Defendant Wolf Baschung's Motion to Strike Portions of the Second Amended Cross-Complaint Special Motion to Strike Second Amended Cross-Complaint (Anti-SLAPP) Motion for Good Faith Settlement Determination Attorneys: For Plaintiff/Cross-Defendant Pico Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric ...

Excerpt: ... Documents ATTORNEYS: For Plaintiffs Janice Feldman and 661 Park Lane LLC: Fred J. Knez, Andrew J. Knez, Matthew J. Knez, Knez Law Group, LLP For Defendants The Viking Corporation, Viking Group, Inc., and Supply Network, Inc.: John W. McConnell, III, Kenton L. Robinson, Meyers McConnell Reisz Siderman TENTATIVE RULINGS: (1) The motion of defendant The Viking Corporation for a protective order is denied. The court grants the request of plaintiffs ...

Excerpt: ...a Pantoja to the Kinda FAC (3) Defendant Ford Motor Company's motion for admission pro hac vice for Andrew L. Richardson (4) Defendant Ford Motor Company's motion for admission pro hac vice for Mary Quinn Cooper ATTORNEYS: John Hunter for plaintiffs Nadia Kinda, Vlad Kinda, and Salomat Khasanova Jerri L. Johnson / Natasha A. Kader of Acker & Whipple for defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Noe Garza, David Ancelmo Pantoj...

Excerpt: ...nd 1197) ; 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...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ... of designing, developing, sourcing, marketing and selling women's, men's and children's footwear under their owned or licensed brand names. [Complaint ¶2] In their complaint filed on April 13, 2020, plaintiffs allege: Plaintiffs obtained from defendant Hartford Fire Insurance Company Special Multi-Flex Business Insurance Policy No. UUN AB7878, effective from October 15, 2019 to October 15, 2020. [Complaint ¶14] The policy is an “all risks”...

Excerpt: ...sociates. Plaintiff alleges that when he vacated the premises, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. Plaintiff filed his complaint on March 20, 2015, and his first amended complaint on July 8, 2015. The complaint was brought as a class action and alleges causes of action for (1) declaratory and injunctive relief, (...

Excerpt: ... asserts five causes of action against defendant St. George & Associates (St. George): (1) declaratory and injunctive relief; (2) violation of Civil Code section 1950.5; (3) violation of Business and Professions Code section 17200 et seq. (UCL); (4) accounting; and (5) conversion. On August 7, 2017, the court granted class certification for the class of all residential rental tenants at St. George properties from March 25, 2011, to the date of th...

Excerpt: ...vies. Judgment creditor now seeks an order of assignment to satisfy the judgment, specifically of payments from third party merchant service providers or payment settlement entities such as Intuit Payment Solutions, Elavon, Inc. and American Express Travel Related Services. 1 1 Judgment creditor represents that in 2018, Arcadian Winery received payments from these entities totaling $136,756.92. Code of Civil Procedure section 708.510 provides, up...

Excerpt: ... double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. On Calendar Defendant Investment Concepts, Inc. moves for an order compelling arbitration. The hearing was set for January 28, 2020. Opposition was filed on January 14, 2020. Rep...

Excerpt: ...ealing certain documents filed in opposition to defendant's motion to compel is granted. BACKGROUND: In this matter, plaintiff Destiny Hitchcock alleges that she suffered carbon monoxide poisoning from a defective heater while renting a room at 1105 North Ontare Road, Santa Barbara, California 93105. The property is owned by defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15. Plaintiff resided a...

Excerpt: ...��) is a Texas limited liability company and the owner of the Property. SB Riviera's principals are Mark Brinkman and Leigh Brinkman (“Brinkmans”). In 2014, the Brinkmans engaged the services of defendant Philippa Davis (“Davis”) to locate a residential property in Santa Barbara. Davis is a residential salesperson with defendant Village Properties, Inc. (“Village Properties”). Defendant Edward Alan Edick (“Edick”) is a licensed Ca...

Excerpt: ...Beach, Shawn Hagerty, Best Best & Krieger LLP RULING: For the reasons set forth herein, the motion of plaintiff for an award of attorney and expert fees pursuant to Code of Civil Procedure section 1036 is granted in part. The Court awards to plaintiff reasonable attorney fees and costs actually incurred because of this inverse condemnation proceeding in the amount of $1,007,397.00. Background On July 31, 2017, plaintiff Thomas Felkay, as trustee ...

Excerpt: ...R. Cagle, III (Hirschler Fleischer, PC – Richmond, Virginia) For Defendant Westerlay Orchids: Mark T. Coffin For Defendants Persoon: Nathan C. Rogers (Rogers, Sheffield & Campbell) Rulings: 1. The Court sustains the demurrer of defendants Westerlay Orchids LP; Antoine Overgaag, aka Toine Overgaag; RJW Equity Partners, LLC; TKO Properties, LLC; and Natural Fragrance Rose, LLC, to the second and fifth causes of action in plaintiff Perfected Rose,...

Excerpt: ...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 RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...

Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...

Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...

Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...

Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...

Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...

Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...

Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...

Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...

Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...

Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...

Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...

Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...

Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...

Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...

Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...

Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...

Excerpt: ...laintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: (1) The motion of cross-defendant Construction Plumbing to compel further responses to inspection demands is...

Excerpt: ...gment and Defendant's Reply. On or before March 2, 2020, the parties shall filed unredacted copies of all documents filed conditionally under seal. 2. The court, on its own motion, strikes the Sur Reply that plaintiff Erik A. Hennings filed on January 31, 2020, and the declaration of Daniel Kalinowski in support thereof filed on January 31, 2020. The court denies defendants' request for a sanction under CCP § 128.5. 3. The court grants, in part,...

Excerpt: ...ugh that defendants should have corrected or warned of it. The parties reached a settlement of the action at the Mandatory Settlement Conference held on December 7, 2018. The parties agreed that, in exchange for a payment of $80,000 to plaintiff, she would dismiss her lawsuit as to all defendants with prejudice. Each side would bear its own costs. The parties stated that counsel would prepare a release that would memorialize the terms of the sett...

Excerpt: ...ion arises from injuries allegedly suffered by plaintiff in a trip and fall incident which occurred on January 29, 2017, when plaintiff fell after stepping into a deep rut on the parkway adjacent to the sidewalk which abutted defendant's property. Plaintiff served a set of nine requests for admissions upon defendant on October 24, 2019, seeking defendant's admissions that, among other things, he owned the adjacent real property, was a licensed re...

Excerpt: ...perated a commercial cannabis nursery located at 1628 Cravens Lane, Carpinteria. (Second Amended Complaint [SAC], ¶¶ 1, 8.) The nursery sector of the legal cannabis market does not produce cannabis flower/buds for market, but focuses on the earliest stages of plant development, including plant breeding and the productions of vegetative mother plants (up to nine months), clones (up to one month), and teens (up to three months). (SAC, ¶ 9.) In o...

Excerpt: ...the proceedings in this action are ordered stayed for thirty days. The motion for order bifurcating trial of the issue of liability from the issue of damages is denied. BACKGROUND: Plaintiff Courtney Crosby brings this action for personal injuries sustained in a helicopter crash that occurred on May 5, 2017, in Santa Barbara, California. Plaintiff was a passenger in the helicopter and was taking a tour of Santa Barbara when the pilot began experi...

Excerpt: ...e address Aaron Valdis Gauss provides. The court denies plaintiff Saticoy Development Co., LLC's request for a penalty. Aaron Valdis Gauss shall file his verified answer to the complaint on or before March 9, 2020. Background: On August 1, 2019, the court entered the default of Aaron Valdis Gauss (“Gauss”). Pursuant to a court order, plaintiff served Gauss on June 25, 2019, by email addressed to [email protected]. Gauss lives in Taiwan. M...

Excerpt: ...nt for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust. [Complaint ¶5] Defendant is decedent's daughter. [¶8] P...

Excerpt: ...ntiffs Robert Foote and Kathleen Foote (collectively “Foote”) allege: Defendant Roy Schrader borrowed $135,000 from plaintiffs as evidenced by a written note dated August 1, 2012. [Complaint ¶7] The note provides for $500 monthly payments through November 1, 2012, then $1,000 monthly payments through February 1, 2014, at which time the entire principal balance and accrued interest at 4% per annum would be due and payable. [¶9] Schrader made...

Excerpt: ...onday March 16, 17 [1/2 day–afternoon], 18, 19, 20, 21 and Monday March 23. Counsel are invited to meet and confer on how long the case will take and if it will be a bench trial or a jury trial and inform the Court at the hearing on 2/25 the dates and length of trial; will it be a bench trial or a jury trial? All trial documents including hearing briefs, witness lists, exhibit lists, in limine motions, due March 3, 2020 (courtesy copied to the ...

Excerpt: ... were the prevailing party and are entitled to an award of expert witness fees is denied under either theory. 2. There has been a Cost Memorandum submitted seeking “expert fees (per 998) of $1,852.50” on 12/27/19; counsel are invited to comment on when “an order” related to an award of costs will be submitted in light of this decision. Background Judgment was entered on 12/17/19 after a 3-day bench trial. On 12/27 Brinkman filed a Memoran...

Excerpt: ...d A. Carman, Etehad Law APC RULING: For the reasons set forth herein, the motion of petitioner Reetz, Fox & Bartlett LLP to compel arbitration is granted in part to compel arbitration of issues arising from legal services provided by petitioner to or on behalf of: (1) respondent Alberto Rodriguez in connection with or in aid of the “Kellogg Avenue Project improper precondemnation activities by City of Goleta,” at any time, as to Rodriguez; (2...

Excerpt: ...ponses to requests for inspection of documents, to compel production, and for sanctions of $5,439 Plaintiff's motion to compel further responses to requests for admissions and for sanctions of $5,243.50 ATTORNEYS: Mark L. Eisenhut / Samuel G. Brooks of Call & Jensen for plaintiff Anthony J. Barron / Conor C. McNamara of Nixon Peabody LLP for defendant TENTATIVE RULINGS: All three motions are granted, in the manner articulated below. Further suppl...

Excerpt: ...-complaint for breach of contract and elder abuse is sustained with leave to amend. Cross-complainant shall have to and including March 4, 2020 to file an amended pleading. BACKGROUND: Plaintiff Andre Neumann (“Andre”) is the son of defendant Gisela Neumann (“Gisela”) and together they are co-owners of a single family residence located at 6175 Manzanillo Drive, Goleta, California 93117 (the “Property”). The Property is encumbered by a...

Excerpt: ...ants shall prepare and lodge a judgment consistent with this ruling. Background: On January 8, 2018, plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl...

Excerpt: ...e complaint, plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were allegedly served with a three-day notice to quit the premises, but they have failed a...

Excerpt: ...our is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first amended complaint on or before March 9, 2020. Background: As alleged in the first amended complaint (FAC) of plaintiff Allison Armour: Plaintiff Armour and defendants Bruce Tamao Hayashi and Janice Hayashi (collectively, the Hayashis) are neighbors owning adjoining parcels of real property. (FAC, ¶ 1.) Armour's prop...

Excerpt: ...'s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied entered into an Agreement for Cardiovascular Perfusion Services with Santa Barbara Cottage Hospital, under which Allied would furnish perfusion personnel and perform perfusion services for Cottage as an independent contractor for a five-ye...

Excerpt: ...idden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general negligence, 3) products liability (strict liability, negligence, and breach of implied and express warranties); and 4) n...

Excerpt: ...s in the amount of $225,000. Plaintiffs' request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied. Defendant's motion for attorney's fees and Section 998 expert witness fees is denied. BACKGROUND: This is an action for personal injuries resulting from mold contamination at residential property located at 512 E. Victoria Street, Santa Barbara, California 93101. Plaintiff Linea Polk and her daughter, plaintiff Shann...

Excerpt: ... allege that defendant Toby Landon Claude was driving a vehicle owned and entrusted by defendant EAN Holdings, Inc., and that he operated the vehicle in the course of his employment by defendant Hot Line Construction, Inc. Demurrer: Defendant EAN demurs to the complaint on the ground that plaintiffs only make conclusory allegations without facts supporting the conclusory allegations. EAN also contends the action is barred by the federal Graves Am...

Excerpt: ... J. Gamberdella's motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole member of CARP, entered into a Residential Income Property Purchase Agreement to purchase property at 4647 Carpinteria Avenue in Carpinteria from Efrain Corona, tr...

Excerpt: ...NG: Defendant Association's demurrer to plaintiffs' FAC is overruled. Defendant shall file and serve its answer to the FAC on or before February 28, 2020. BACKGROUND: This action concerns a private unit development called Shadow Hills in Santa Barbara, California. There are 18 single- family homes within the development. Plaintiffs Larry W. Lawson and Nancy Duong (the “Lawsons”) are the owners of real property located at 4433 Shadow Hills Bou...

Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...

Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...

Excerpt: ...llowing a foreclosure sale. Plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were served with a three-day notice to quit the premises, but they have fai...

Excerpt: ... 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. (Complaint, ¶ GN-1.) On October 9, 2019, Dr. Conway filed his answer to the complaint. On October 25, 2019, Dr. Conway filed his amended answer to the complaint. On December 31, 2019, Dr. C...

Excerpt: ...nd: As set forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee...

Excerpt: ...Dismissal with Prejudice and Motion for Sanctions against Defendant's Attorney for Purposely Violating California Rules of Court, Rule 3.1308, subdivision (a)(1). ATTORNEYS: Angelina R. Lane for Plaintiff Jane Doe Daniella T. Felix for Defendant Peter Searle Clark TENTATIVE RULING: Plaintiff's motion for reconsideration of the court's order dismissing her second and fifth causes of action with prejudice is denied. Plaintiff's motion for sanctions...

Excerpt: ...-Defendants Mortgage Co. of Santa Barbara and Carl Lindros: Eric A. Woosley For Defendant and Cross-Complainant Henry Aguila: Self-represented For Cross-Defendant Forward Beverly Hills, Inc., dba Keller Williams Realty and dba Keller Williams Commercial: Andrew L. Leff, Spile, Leff & Goor, LLP For Specially-Appearing Cross-Defendants Wolf Baschung, Guru Thapar, and Forward Beverly Hills, Inc.: Rinat Klier-Erlich, Michael Zaiderman, Manning & Kass...

Excerpt: ...Cross-Complainant Tami Kerrigan: Jana S. Johnston, Daniella R. Scioscia-Regencia, Mullen & Henzell LLP TENTATIVE RULING: The demurrer of cross-defendant Allen Cohen to the cross-complaint of Tami Kerrigan is overruled in its entirety. Cohen shall file and serve his answer to the cross-complaint on or before February 25, 2020. Background: As alleged in the cross-complaint: Cross-complainant Tami Kerrigan and cross-defendant Allen Cohen's late wife...

Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...

Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...

Excerpt: ...ncierge-style valet service for customers to find, pay, and tip for parking and for businesses and their valet companies to better manage parking. This putative class action is a wage and hour case which was filed by plaintiffs Trevor Kennedy and Karim Ebeid in Santa Barbara Superior Court on June 22, 2017. Its operative complaint alleges causes of action for (1) willful misclassification of employees as independent contractors, (2) unpaid overti...

Excerpt: ...erwise denied. The court confirms an award of ordinary costs pursuant to Doe's memorandum of costs in the amount of $693.41. Background: On July 14, 2017, petitioner John Doe filed his petition for writ of administrative mandate in this action to require respondent Regents of the University of California (Regents) to set aside findings and sanctions issued against Doe. On July 3, 2019, the court held a hearing on the petition. On July 8, 2019, th...

Excerpt: ...g the outcome of the arbitration. The court denies defendants' request for attorney fees. Background: On September 9, 2019, plaintiff Woody Boyce Builders filed its complaint for damages against defendants Mark Kidon and Darlene Kidon. Pursuant to a written contract dated January 28, 2018, plaintiff provided materials, equipment, and services for work on defendants' property at 113 San Clemente in Santa Barbara. Plaintiff alleges it is owed $49,6...

Excerpt: .... 18CR10610 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa...

Excerpt: ...26, 2019 Third Set of Requests for Admission; and Form Interrogatory #17.1 from its June 26, 2019 Second Set of Form Interrogatories. The court will discuss the trial date with the parties at the hearing on this motion. Background: In these consolidated cases, plaintiff 1998 Ampersand Aviation, LLC, formerly known as Ampersand Aviation, LLC, sues defendants Esperer Holdings, Inc. (“Esperer”), and Federal Express Corporation (“FedEx”) for ...

Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...

Excerpt: ... al. – Los Angeles) Tentative Ruling: The court denies defendant Santa Barbara Cottage Hospital's petition to compel arbitration and stay all civil court proceedings. Background: On December 4, 2018, plaintiff Onkar Singh filed his complaint against defendants Allied Health Resources, Inc., Santa Barbara Cottage Hospital, and Kevin Saiki. On November 13, 2019, Singh filed his first amended complaint (FAC) against Cottage and Doe defendants (the...

Excerpt: ...itzki TENTATIVE RULING: The motion of defendant Dorota Lositzki to compel arbitration of the claims alleged in plaintiffs' second amended complaint is granted. All proceedings in this court are ordered stayed pending completion of the arbitration. Defendant's request for attorney's fees is denied. BACKGROUND: Plaintiff Montecito Care & More, Inc. (“MCM”) is a California corporation that provides assisted living facilities and personal care fo...

Excerpt: ...efendant City of Lompoc: Matthew K. Tom (Aleshire & Wynder – El Segundo) For State of Cal. Defendants: Gary Ostrick, Deputy Attorney General Tentative Ruling: 1. The court Sustains defendant City of Lompoc's demurrer to the first amended complaint of plaintiffs Brett Jerome Bronstad; Sarah Bronstad; Jessica G. Garcia, an individual and successor in interest to decedent Michael Garcia; and Michael H. Garcia, an individual and successor in intere...

Excerpt: ...es, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant Mark T. Coffin to the first amended complaint, and to all causes of action therein, is sustained with leave to amend. Plaintiff Grace Design Associates, Inc., shall file and serve its second amended complaint, if it elects to do so, on or before February 19, 2020. Background: Defendant Mark T. Coffin (Coffin) is ...

Excerpt: ...t for attorney fees and costs. Background: This is a neighborhood dispute arising out of applications for construction of an accessory dwelling unit (ADU) on each of two properties owned by defendants. Plaintiff Arriba Way Citizens United (AWCU) seeks a preliminary injunction to prevent construction of the ADUs pending disposition of the merits of this action. Defendant Gregory M. Patronyk is the trustee of the Gregg Patronyk Revocable Trust date...

Excerpt: ...826.13, its costs for lodging and meals (unrelated to depositions) in the amount of $4,307.70, and its vehicle rental costs in the amount of $1,837.27. In all other respects, Armstrong's motion to strike or, in the alternative, to tax Harrison's revised cost memorandum is denied. BACKGROUND: This action arises out of a residential construction project that included a large wooden deck on property located at 1196 E. Mountain Drive, Santa Barbara, ...

Excerpt: ... $99,000.00 to plaintiff and the following: “Ford will additionally pay Plaintiff's attorneys' fees, expenses and costs in the amount of $5,000.00 or, should the $5,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorneys' fees, expenses and costs reasonably incurred by Plaintiff s counsel in the commencement and prosecution of this action...

Excerpt: ...istant City Attorney, for Respondents City of Santa Barbara and Brian D'Amour Janet K. McGinnis for Real Parties in Interest Herbert Barthels and Herbert E. Barthels Trust TENTATIVE RULING: The motion of petitioners to tax real party in interest's costs in the amount of $48.00 and $15.00 (items 15 and 16 on the memorandum of costs) is granted. In all other respects, petitioners' motion to strike or tax costs is denied. BACKGROUND: On March 28, 20...

Excerpt: ... C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendants County of Santa Barbara, Patricia Dark, and Joseph J. Lockhart to sever trial is denied. Background: On September 4, 2015, plaintiff Stacy McCrory filed her original complaint in this action against defendants County of Santa Barbara (County) and Patricia Dark asserting causes of action for: (1) defamation; (2) neglig...