Excerpt: ...ndants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: The motion of cross-defendant The Las Canoas Co. dba Construction Plumbing for an order establishing the sequence of discovery is denied. Background: This action arises from construction work performed by plaintiff McCoy Electric Corpo...

Excerpt: ...efendant Stalwart Clean and Sober, Inc. TENTATIVE RULING: The motion is granted in part and denied in part, as articulated below. No sanctions are awarded. Background: This is an action for the wrongful death of John Charles Strumpfler (decedent), brought by his parents, John Strumpfler and Tracy Morris (plaintiffs). Decedent was a parolee with a severe heroin addiction, who died from a heroin overdose on March 24, 2017, while residing at a sober...

Excerpt: ...t page 11, line 3, without leave to amend. The court orders stricken from the first amended cross-complaint ¶36; ¶46; prayer #5 at page 10, line 28; and prayer number 9 at page 11, line 6, with leave to amend. Background: On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (“1240”), commenced this action against defendants Andy Goldman and Jan Goldman, trustees of the Goldman Family Trust (“Goldman”). The parties own adjacent propertie...

Excerpt: ...se of residential property located at 780 Ladera Lane, Santa Barbara, California 93108 (the “Property”). The loan was acknowledged by a promissory note, dated January 5, 2008, which provides that the $500,000.00 amount shall be paid back with interest at the rate of 6% annually, but if Michel cannot afford to make payments on the note, then the money shall be paid back, with interest, when the Property is sold. The note further provides that ...

Excerpt: ...ance Company's 24th Affirmative Defense. The court orders Twin City Fire Insurance Company's 32nd Affirmative Defense stricken from the answer. Background: This is an insurance coverage action that plaintiff Somera Capital Management, LLC, commenced against defendants Twin City Fire Insurance Company and The Swett & Crawford Group, Inc. (There is no proof of service indicating service on defendant Swett & Crawford, which apparently merged into CR...

Excerpt: ...verruled in its entirety. Cross-defendant shall file and serve its answer to the cross-complaint on or before January 27, 2020. (2) For the reasons set forth herein, the motion of cross-defendant Daniel Casey dba Deco Drywall & Plaster to strike portions of the cross-complaint of cross-complainants DD Ford Construction, L.P., and DDF Management, LLC, is denied in its entirety. Background: On June 11, 2019, plaintiff J. Michael Property Investors,...

Excerpt: ...State Bar of Texas, for admission pro hac vice to appear as counsel in this action are granted. (1) Motion to Compel Arbitration Background: As alleged in the operative complaint of plaintiff Remedial Construction Services, L.P. (RECON), this dispute arises from the demolition, remediation, and restoration of the Gaviota Terminal (the Project). (First Amended Complaint [FAC], ¶ 1.) Prior to RECON's involvement in the Project, defendants AECOM, I...

Excerpt: ...0 (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 Barbara B...

Excerpt: ...endants Lawrence Farwell; EAN Holdings, LLC (“EAN”); and Enterprise Rent-a-Car of Los Angles, LLC (“Enterprise”), operated the motor vehicle, employed the persons who operated it; owned the motor vehicle that was operated with their permission; entrusted the motor vehicle; were agents and employees of the other defendants and acted within the scope of the agency; and negligently and carelessly serviced, repaired, maintained and/or inspect...

Excerpt: ...r AMSS, LLC, in conformity with the arbitration award, including an award of attorney fees and costs in the amount of $122,611.37, plus prejudgment interest in the amount of $3,573.52. Petition: This dispute concerns a residential condominium located at 4729 Sandyland Cove, Carpinteria, California. Petitioner AMSS, LLC (“AMSS”) is the current owner of the condominium, which was previously owned by DLG Family Limited Partnership. In 2013, resp...

Excerpt: ...heir entirety. The Court denies the motion in all other respects. Plaintiff City of Carpinteria shall file a first amended complaint without the stricken portions on or before January 17, 2020. Defendant Dario Pini shall file his answer to the first amended complaint on or before January 27, 2020. Complaint: On August 7, 2019, plaintiff City of Carpinteria filed its complaint for breach of contract, breach of the covenant of good faith and fair d...

Excerpt: ...rd of attorney's fees in the sum of $5,909.75 and costs in the sum of $873.15 is granted. HVMC was the prevailing party in the underlying arbitration. BACKGROUND: On September 13, 2019, Hope Village Maintenance Corporation (“HVMC”) filed its petition to confirm arbitration award. HVMC is a homeowners' association and is responsible for managing and operating a 40-unit residential common interest development in Santa Barbara known as Hope Vill...

Excerpt: ...ra County on May 24, 2018. Plaintiffs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Motion: Plaintiffs move for an order approving and directing service of summons on defendant by publication in a newspaper of general circulation. In the motion, plaintiffs say the motion is based on their counsel's declaration, the declaration of a private investigator, and points and authorities. However, no memorandum of points and aut...

Excerpt: ...oy Chen for Cross-Defendant Monterey Energy Group, Inc. TENTATIVE RULING: Monterey Energy Group, Inc.'s demurrer to the cross-complaint of Annette and Stuart Rubin is overruled. Monterey shall file and serve its answer to the cross-complaint on or before January 13, 2020. BACKGROUND: This action arises from construction work performed by plaintiff McCoy Electric Corporation (“McCoy Electric”) at real property owned by defendants Annette Rubin...

Excerpt: ...led on his special motion to strike plaintiff's second and fifth causes of action for violation of Civil Code Section 1708.85 and civil extortion had plaintiff not voluntarily dismissed the two claims while the special motion to strike was pending and awards defendant his reasonable attorney's fees and costs related to the motion. Such fees and costs shall be determined by a separately noticed motion or as part of defendant's cost memorandum at t...

Excerpt: ... Plaintiff's motion to strike costs is denied. Defendants are awarded costs in the sum of $473.80. BACKGROUND: This is an unlawful detainer action. On July 25, 2017, defendants Jeff Thompson and Valerie Barlow entered into a written rental agreement for a studio apartment owned by plaintiff Lorene Cleary, located at 126 Loureyro Road, Studio L, Santa Barbara, California 93108. The term of the rental agreement was month-to-month, with the rent of ...

Excerpt: ...kground information for the settlement, which was set forth in the Minute Order from the initial August 30, 2019 hearing on this matter. As that Minute Order reflects, this Court had a number of concerns regarding the settlement itself, and the provisions it made for notification of the class. The Court requested the parties to provide further information no later than September 20, 2019, that would assist it in evaluating the proposed class sett...

Excerpt: ...ll statutory references are to the Government Code.) Respondent County of Santa Barbara opposes the petition. Petitioner's son, Alex Braid, died while in custody at the Santa Barbara County Jail on July 5, 2018. On January 29, 2019, petitioner presented an application for leave to file a late claim pursuant to § 911.4. County denied that application on February 16, 2019. Petitioner contends that the cause of action did not accrue until July 3, 2...

Excerpt: ...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., ¶ 2.) At the mediation on May 17, the parties agreed to a settlement. (Miller decl., ¶ 3 & exhibit A.) (Note: The declaration fails to include electronic bookmarks for exhibits as required by Rules of Court, rule 3...

Excerpt: ...rimination case (case No. 19CV02931, the Discrimination Case). The plaintiff in the UD Case, The Parsons Group, Inc. (Parsons), is the defendant in the Discrimination Case; the plaintiff in the Discrimination Case, David Rea, is the defendant in the UD Case. The UD Case was filed on April 22, 2019. The UD Case is based upon a thirty-day notice to quit which asserts that Rea has violated the terms of his lease to premises located at 1116 De La Vin...

Excerpt: ...filed herein on August 8, 2019; in place of Exhibits 3 and 4 will be pages indicating the exhibits are “filed under seal”; Exhibits 3 and 4 will be filed under seal; Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed on August 8, 2019, shall be filed under seal; and a redacted version of Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings, with lines 17-22 on page 6 redacted, shall be place...

Excerpt: ...ernative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” This is plaintiff's third attempt to allege facts that are sufficient to support this cause of action. Defendant demurs. As is relevant to the demurrer, Plaintiff alleges: “Plaintiff also repeatedly demanded a "single-point of contact" be assigned by...

Excerpt: ...first amended complaint, without leave to amend. Background After the Court sustained the demurrer of defendants Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc. (“Jackson”), and Nancy Warner, NP (“Warner”), to plaintiff's complaint, plaintiff Laurie Ann Humberd filed her first amended complaint (“FAC”) for negligence, strict liability, and battery. Plaintiff asserts the negligence and strict liability causes o...

Excerpt: ...o amend, as to the uncertainty created by the failure to clearly articulate which capacities in which the causes of action for professional negligence, breach of fiduciary duty, conversion, and accounting are being prosecuted. In all other respects, the demurrer is overruled. The motion to strike is denied in its entirety. To the extent leave to amend has been granted, plaintiff shall file any further amended complaint on or before October 8, 201...

Excerpt: ...sts for Admissions ATTORNEYS: For Plaintiff Edmund Prehoden, Jr.: Derek J. Wilson For Defendants, Cross-Complainants, and Cross-Defendants Old Town Hospitality, Inc., dba Sand Bar and erroneously sued as Baja Sharkeez Restaurant Group, and Aron Ashland: Edmund G. Farrell III, Vanessa H. Hubert, Murchison & Cumming, LLP For Defendant Teak Warehouse, Inc.: Danielle Kuck, Wood, Smith, Henning & Berman, LLP RULING: (1) For the reasons set forth herei...

Excerpt: ...s on or before October 1, 2019. Respondent Westmont College shall file and serve its response supplemental papers on or before October 8, 2019. Doe shall file and serve his reply supplemental papers on or before October 15, 2019. Hearing on this matter is continued to October 22, 2019, at 9:30 a.m. Background: Respondent Westmont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshma...

Excerpt: ...while representing defendant for a period of time in a family law proceeding. The complaint alleged causes of action for breach of written contract and common counts for account stated and for services rendered. After Suleimanagich's demurrer was ordered off calendar for failure to comply with Code of Civil Procedure section 430.41, he answered the complaint in pro per on August 29, 2018. In a July 1, 2019 minute order, the Court allowed plaintif...

Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...

Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...

Excerpt: ...�� Los Angeles) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: The court grants, in part, plaintiffs Nicole Nagel and ESY Investments, LLC's motion to strike or tax costs in defendant Peter K. Westen's memorandum of costs. The court orders taxed a total of $10,351.79 in costs, leaving $45,642.95 in allowable costs. Background: After years of litigation, the court entered an order dismissing the entire acti...

Excerpt: ...ant: Steve R. Belilove (Kaufman, Dolowich & Voluck – Los Angeles Tentative Ruling: The court denies plaintiff Filippini Wealth Management, Inc.'s motion to compel production of documents and request for a monetary sanction. Background: This action arises out of plaintiff Filippini Wealth Management, Inc.'s lease of commercial property from defendant and cross-complainant Max Baril. Defendant Meridian Group Real Estate Management, Inc., manages ...

Excerpt: ... and orders the general denial filed herein on August 6 is deemed filed as of this date. Background: On May 7, 2019, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson filed their complaint against defendant Jessica Berry for 1) libel, 2) defamation per se, 3) intrusion, 4) intentional infliction of emotional distress, 5) unfair business practices, 6) elder abuse, 7) quantum meruit, and 8) unjust enrichment/restitution. On May 29, the cou...

Excerpt: ...nses to form interrogatories, special interrogatories, production demands, and requests for admissions. The Court notes that the demurrer and motion to strike provided adequate notice of hearing. The motions to compel did not. Given that plaintiff's attorney is located in Las Vegas, Nevada, service of any motion by or upon him is subject the provisions of Code of Civil Procedure section 1005(b), wherein the required 16 calendar day notice period ...

Excerpt: ... prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen ...

Excerpt: ...n five days of the date of this order. BACKGROUND: For approximately 18 months, plaintiff and judgment creditor Butler America, LLC (“Butler”) provided staffing services to defendant and judgment debtor Aviation Finance Services, LLC (“AFS”). Butler supplied AFS with employment personnel and then invoiced AFS for the employees' salaries and related expenses. Almost immediately, however, the balances on Butler's invoices began to accumulat...

Excerpt: ...s had knowledge of the alleged joint venture agreement between plaintiff and the Moller defendants and whether they were legally justified in selling the Hotel to the Moller defendants are triable issues of fact. BACKGROUND: This action arises out of an alleged joint venture agreement to acquire, develop, and manage an 11-story, 210-room hotel. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company. Patrick Nesb...

Excerpt: ...f the second amended complaint is granted to strike, without leave to amend, paragraph 3 of the prayer (“A Declaration of the respective rights and duties of the parties”), and is in all other respects denied. (3) Defendant Ronald L. Wolfe & Associates, Incorporated, shall file and serve its answer to the second amended complaint on or before October 7, 2019. Background: (1) Allegations of Second Amended Complaint Plaintiff Grant Beall (Beall...

Excerpt: ...gory Lowry, Inc. (collectively “Lowry”), filed their complaint for 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) fraud, 4) negligent misrepresentation, and 5) conversion against defendants Thomas Kaljian and Kaljian Santa Barbara, LLC (collectively “Kaljian”). Lowry alleges: Lowry is a dentist and sole practitioner. [Complaint ¶15] Lowry entered into a lease with Kaljian's predecessor for premises at...

Excerpt: ...it made to injured employee Travis Bean (Bean). After serving a notice upon Bean regarding the pendency of the action, Regents filed a notice that it would be dismissing its action against Harper and Tierra. Bean then sought and was permitted to intervene, ultimately filing his Complaint-in Intervention on October 20, 2017. Regents' complaint was then dismissed on December 5, 2017, and Bean has pursued the action seeking additional damages for th...

Excerpt: ...previously filed with the court with respect to this motion on defendant Surveillance Security, Inc., on or before September 25, 2019, and shall file proof of service of such documents on or before September 27, 2019. The hearing on the motion shall be ordered off calendar and no appearances are required if, on or before noon on October 21, 2019, Surveillance Security, Inc., files a substitution of attorney identifying an attorney appearing for S...

Excerpt: ... Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff's first...

Excerpt: ...d. Background: Plaintiff filed her original complaint on September 7, 2018, naming as defendants Coldwell Banker Residential Brokerage Company and its agents or employees, Susan Burns, Susan Conger, and Kathleen Marvin. In her operative First Amended Complaint she alleges causes of action for (1) violations of Civil Code sections 1102, (2) fraudulent concealment, (3) breach of fiduciary duty, and (4) financial elder abuse. She alleges that, with ...

Excerpt: ...ember 18, 2018, along with attorneys' fees pursuant to Civil Code section 1717.5 according to proof. Defendant Longaberger answered, in pro per, on February 21, 2019, denying that any funds were owed to plaintiff. Defendant substituted an attorney into the action on his behalf on June 11, 2019. Plaintiff filed a Request For Dismissal, without prejudice, on July 8, 2019. Defendant thereafter filed a Memorandum of Costs, seeking a total of $1,739.9...

Excerpt: ...ali, Santy Kazali, and Harry Kazali. The original complaint was filed on July 2, 2018. Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross- complaint against Wasito and Soenjoto. The original cross-complaint was filed on November 8, 2018. The litigation of this matter has been contentious. On October 31, 2018, the court set trial for June 5, 2019. On March 27, 2019, the court continued the trial date to its currently scheduled da...

Excerpt: ...e area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy the property and develop to grow cannabis. In July 2017, plaintiffs entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so the parties entered into a lease agreement from July 15, 2017 through January 15, 2...

Excerpt: ...h herein, the motion of defendant Armstrong Associates, Inc., joined by defendant Arlington Theatre Property, LLC, to compel arbitration is granted and plaintiff Alderman & Sons is ordered to arbitrate its claims. This action is ordered stayed pending completion of the arbitration or further order of the court. Background On April 15, 2019, plaintiff Alderman & Sons, Inc., (Alderman) filed its complaint in this action for breach of contract and f...

Excerpt: ... to compel further responses to special interrogatories and form interrogatories, sets one, and motion to compel further responses to request for production of documents. The Court orders plaintiff Hee S. Yun to provide further responses to form interrogatories ##9.1, 9.2, and 14.1 and special interrogatories ##18, 19, 20, 21, 22, 26, 27, 30, 31, 39, 41, 42, 43, and 44. The Court orders plaintiff Steve Yun to provide further responses to form int...

Excerpt: ...rikes the entirety of the complaint of plaintiffs Jasper Allen and Debra Jackson. The Court finds that defendant Caston is the prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Marianne D'Emidio-Caston (Caston). ...

Excerpt: ...of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Georgia L. Staab, Eric B. Gans For Defendant John Mogens Henning, individually and as personal representative of the Estate of Caroline Jane Winther: James F. Scafide, Tyler Sprague, Scafide Law Firm, PC For Defendant Robert Ramirez: David J. Tappeiner, Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP TENTATIVE RULING: The motion of defendant John Mogens Henning for a pro...

Excerpt: ...ikson (Erikson Law Group – Los Angeles) Tentative Ruling: The court denies th motion of plaintiff Jophe Jones to transfer and consolidate actions. Background: A. The Santa Barbara Action: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole officers, directors, and shareholders of defendant Four Jays Music Company (“Four Jays”), a company whose principal business is marketing and collecting royalties from music composed b...

Excerpt: ...o Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order ...

Excerpt: ...evailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen and...

Excerpt: ...pects overruled. Background: On December 17, 2018, plaintiff People of the State of California (People) filed their original complaint in this action asserting causes of action for (1) violation of Health and Safety Code section 25189.2, (2) Health and Safety Code section 25299, subdivision (a), (3) Health and Safety Code section 25515, and, (4) violation of Business and Professions Code section 17200 et seq. (UCL). The complaint seeks permanent ...

Excerpt: ...NFS) for possible illegal conduct, including the unauthorized practice of law, operation of an unregistered lawyer referral service, violation of the Legal Document Assistant statute, and false advertising. On May 3, 2018, the State Bar sent a Cease and Desist letter to Eric Campbell, a co-owner and manager of NFS, expressing its opinion that NFS has engaged in the unauthorized practice of law and should immediately cease and desist from doing so...

Excerpt: ...erve notice of this ruling on counsel for defendant (the moving parties in motion to be relieved as counsel), including in the notice the court's identification of the fact that the order relieving such counsel is by its terms not yet effective based on the lack of filing proof of service of the order on defendant. Proof of service of the notice of this ruling shall be filed with the court no later than September 9, 2019. Background: On October 2...

Excerpt: ...nt alleges that Child made certain representations to her that indicated inappropriate sexual contact between plaintiff and Child. On May 23, 2016, defendant videotaped Child describing the contact and thereafter provided the videotape to two marriage and family therapists. The therapists created reports of the alleged sexual abuse and transmitted the reports to Child Welfare Services. Plaintiff was thereafter arrested, but the Santa Barbara Dist...

Excerpt: ...ndants and against counsel for plaintiffs, attorneys A. Barry Cappello, Leila J. Noel, Lawrence J. Conlan, Cappello & Noel LLP, in the amount of $3,500.00. Costs and fees shall be paid as provided in Code of Civil Procedure section 399. Background: On April 2, 2019, plaintiffs William Parrish and E. Timothy Fitzgibbons filed their complaint in this action asserting five causes of action: (1) professional negligence; (2) breach of fiduciary duty; ...

Excerpt: ...60.69 from Solvang Brewing Co. and Stephen M. Renfrow. Notice of Appeal[1] was timely filed with this court on July 3, 2019. (Lab. Code, § 98.2.) On July 5, 2019, Solvang Brewery filed a motion for an order waiving the requirement of a bond. Opposition was filed on August 7, 2019 and reply on August 13, 2019. As a condition to filing an appeal, an employer seeking de novo judicial review of a Labor Commissioner's order “shall first post an...

Excerpt: ... William Kinsella and Snejana Kinsella filed their complaint against defendants Joel Bautista Garcia and Great Oaks Operations, LLC. Garcia was driving a vehicle owned by his employer, Great Oaks. Motion: Hallesche Krankenversicherung, A.G. (“HKV”), a travel insurance carrier headquartered in Stuttgart Germany, moves for leave to file a complaint in intervention. Plaintiffs oppose the motion. Plaintiffs are residents of Germany who were vacat...

Excerpt: ...ankle. Examination and MRI studies showed end-stage degeneration of the ankle. On October 11, 2016, defendant replaced plaintiff's right ankle with an artificial ankle through a procedure known as STAR (“Scandinavian Total Ankle Replacement”) arthroplasty. The procedure initially appeared to be successful, but within a few months plaintiff began to experience pain, swelling, and decreased range of motion in her ankle. After approximately eigh...

Excerpt: ...ctions of up to $1,500 shall not be imposed for violation of California Rules of Court, rules 3.1350(f)(2), (f)(3) and 3.1113(k) by counsel's failure to file an opposition separate statement with required contents in the proper format and filing papers with the required citations. Plaintiff's counsel shall file his response to this order to show cause on or before September 11, 2019. Background: Plaintiff Charles Franzen, a minor, filed his compl...

Excerpt: ...d this action on February 13, 2019, alleging (1) violation of Civil Code section 1749.5, (2) violation of Consumer Legal Remedies Act, (3) violation of Business & Professions Code sections 17200, et seq. [Unfair Competition Law]; (4) violation of Business & Professions Code sections 17500, et seq. [False Advertising Law], (5) Money had and received, and (6) declaratory relief. All of the causes of action arise from plaintiff's visit to a Californ...

Excerpt: ...otice to perform a covenant of her written lease; to wit: compliance with Santa Barbara Municipal Code § 22.04.010, subdivision (K), and incorporated International Property Maintenance Code § 404.5, by exceeding the maximum allowed occupancy of the rental unit. The bedroom of the rental unit is 109 square feet, limiting the occupancy of the rental unit to two persons. The rental unit is now occupied by six persons. Defendant answered the compla...

Excerpt: ...uments for deposition as set forth herein. Unless the parties agree (on the record or in writing) or the court orders otherwise, the deposition shall take place on September 4, 2019, at the time and location set forth in the deposition notice. To the extent that declarations are provided as permitted herein in lieu of testimony or production of documents, such declarations shall be served on counsel for plaintiff at or prior to the commencement o...

Excerpt: ...onal infliction of emotional distress cause of action is sustained, with leave to amend on or before September 10, 2019. BACKGROUND Second Amended Complaint: Plaintiff filed her original complaint on April 30, 2019, and her first amended complaint on June 7, 2019, prior to defendant's appearance in the case. Plaintiff's second amended complaint (SAC) was filed July 3, 2019, pursuant to the stipulation of the parties. The SAC alleges causes of act...

Excerpt: ...nd for failure to plead an actionable claim. The Court finds that defendant's use of the term “artisan” in its snack cracker products is not deceptive or misleading to the average consumer as a matter of law. The Case Management Conference is ordered off calendar as unnecessary under the circumstances. BACKGROUND: This is a putative class action lawsuit. Plaintiff Jennifer O'Neil, individually and on behalf of all other purchases of Blue Diam...

Excerpt: ...ymour For Respondent/Defendant: Timothy E. Metzinger, et al. (Price, Postel & Parma) Ruling: The Court grants petitioner/plaintiff Painted Cave Ad Hoc Committee's motion for a preliminary injunction to enforce the Brown Act and motion for peremptory writ of mandate to enforce the California Public Records Act. Counsel for petitioner/plaintiff shall prepare orders consistent with the ruling below. Petition and Complaint On March 22, 2019, petition...

Excerpt: ...lack of ADA-compliant parking. The complaint was served on Western & Main Street Drive In Liquor on October 5, 2018 by substituted service and on Taian Muneef on October 12, 2018 by substituted service. (See Proofs of Service filed on November 5, 2018 [Western & Main Street Drive In Liquor] and November 28, 2018 [Taian Muneef].) Neither defendant filed an answer or other responsive pleading. On January 21, 2019, default was entered as requested a...

Excerpt: ...ette C. Brouses, Shannon Popovich, Michael A. Eger, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP For Defendants Amy Boyle and Century 21 Butler Realty: Daniel S. Cho, Joshua W. Miller, Nicolson Law Group, PC RULING: Subject to confirmation at the hearing on this matter of the petitioner's intent as to payment of settlement proceeds as discussed herein, the petition to approve the compromise of minor plaintiff Chloe Doherty is granted. Backgro...

Excerpt: ... MSLTD, LLC, Lee McPherson, and Christopher Beary Jeffrey P. Walsworth for Defendants and Cross-Complainants Fiore Management, LLC and Adrian Z. Sedlin James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: Plaintiffs' motion for order enforcing the settlement agreement by entering a “partial judgment” against defendants is denied based on the one judgment rule. Plaintiffs' motion for Order to Show Cause re Contempt is deni...

Excerpt: ...nts and cross-complainants A. Stuart Rubin and Annette Rubin. Richard H. Glucksman / Brian D. Kahn / Jeffrey N. Stewart of Chapman Glucksman Dean Roeb & Barger for cross-defendant and cross-complainant McCoy Electric Corporation and cross- defendant Richard Ray McCoy TENTATIVE RULING: As discussed below, the motion will be granted. Background: This action arises from construction work performed by plaintiff McCoy Electric Corporation at property ...

Excerpt: ...Interrogatories ##18 and 25. The court orders defendant Adi Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatories ##18, 25, and 26. The court orders defendant Santy Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatory #18. To the extent defendants do not have personal knowledge sufficie...

Excerpt: ... On February 12, 2018, plaintiff was demoted by defendant Santa Barbara Unified School District (“District”) from his position as principal of SMHS to classroom social studies teacher. Plaintiff alleges that his demotion was in retaliation for the way he responded to a student threat incident. On May 21, 2018, plaintiff filed his complaint asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due pro...

Excerpt: ... denied. BACKGROUND: This is an action for personal injuries allegedly sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant, 514 State Street, Santa Barbara, California, broke, causing him to fall and hit his head. Defendants Old Town Hospitality, Inc. and Aron Ashland are the owners of the Sandbar Restaurant. Defendant Teak Warehouse, Inc. is the manufacturer of the chair that failed. Plaintiff alleges that there had...

Excerpt: ...ed complaint, and causes of action advanced in (essentially) the first amended cross-complaint. As to the 2005 Easement Grant motion, the court grants summary adjudication to the Second, Sixth, Eighth, Tenth, Eleventh and Twelfth causes of action involving Sine Qua Non, Inc., and Molly Aida, Inc. only, advanced in the first amended cross-complaint. The court denies the summary adjudication motion as to two causes of action for quiet title and dec...

Excerpt: ...urther Responses to Request for Production of Documents, Set One, and Request for Sanctions; Motion to Compel Defendant 2Ultimatebrands, Inc. to Provide Further Responses to Request for Production of Documents, Set One, and Request for Sanctions ATTORNEYS: Ryan D. Zick for Plaintiff 660 BVD, LLC John A. Delis for Defendants Ultimate Brands, Inc., Ultimate Franchises, Inc., and 2Ultimatebrands, Inc. TENTATIVE RULING: Plaintiff's two motions to com...

Excerpt: ...ed as Counsel 2. Motion to Strike/Tax Memorandum of Costs Filed by Derek Westen and Westen Family Group, LLC 3. Motion to Strike/Tax Memorandum of Costs Filed by Peter K. Westen 4. Motion to Strike/Tax Memorandum of Costs Filed by Tracy A. Westen and Linda Lawson Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda ...

Excerpt: ...trate an underinsured motorist claim. Ostwald sued the motorist—Garcia—and the parties agreed to judicial arbitration. Ostwald obtained an award in excess of Garcia's liability insurance policy limits. Ostwald sought payment from State Farm in the amount of the difference between the award and Garcia's insurance policy limits plus an amount representing lost earnings that Ostwald says she did not litigate in the judicial arbitration. State Fa...

Excerpt: ...ss, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It arises from plaintiffs' lease and inhabitance of a residence which proved to be contaminated by toxic mold, the failure to contain the contamination during work performed to mitigate the problem, and the personal injuries and damages incurred by the plaintiffs as a result of their exposure to the con...

Excerpt: ...erre Calonne, Tom R. Shapiro, Office of the City Attorney of Santa Barbara; Michael G. Colantuono, Ryan Thomas Dunn, Aleks R. Giragosian, Colantuono, Highsmith & Whatley, PC RULING: (1) For the reasons set forth herein, the motion of defendant City of Santa Barbara for an award of attorney fees pursuant to Code of Civil Procedure section 2033.420 is denied. (2) As set forth herein, the motion of plaintiffs Rolland Jacks and Rove Enterprises, Inc....

Excerpt: ...h, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. Case No. 17CV00636 [Retained Sponge Lawsuit] On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Sur...

Excerpt: ... property located at 1471 Las Positas Place, Santa Barbara (the Property). (Complaint, ¶ 10.) In 2007, plaintiffs entered into a loan secured by a deed of trust (DOT) on the Property. (Complaint, ¶ 15; Defendants' Request for Judicial Notice [DRJN], exhibit 1.) As set forth in the DOT, recorded October 11, 2007, the lender is Countrywide Bank, FSB. (DRJN, exhibit 1.) On July 14, 2011, there was an Assignment of Deed of Trust recorded, assigning...

Excerpt: ... date of the incident or, if that employee is not available, the deposition of any other Univar employee who would have knowledge about the nature of the couplings with respect to the acid and chlorine tanks on the premises, and who could testify as to the possibility that the wrong distribution hoses could have been connected to the wrong tanks on the date in question. Harper and Tierra may file any supplemental opposition on this issue on or be...

Excerpt: ...pany, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after the mediation between the remaining defendants, which caused new attorneys to substitute in for Trader Joe's, and for the Limited Partne...

Excerpt: ...st plaintiff and her attorney, jointly and severally, in the amount of $3,500.00. Plaintiff's motion to vacate the court's May 7, 2019 order is denied. Defendants' motion for sanctions pursuant to Code of Civil Procedure Section 128.5 is denied. BACKGROUND: This is an action for alleged mold contamination. In 2017 plaintiff Taryn Intravartolo leased an apartment unit located at 175 San Angelo Avenue, Unit A, Santa Barbara, California 93111. Defen...

Excerpt: ...lon & Style Bar, LLC, filed an answer on June 17. There is no scheduled CMC, MSC, or trial. On May 24, 2019, Carlyle served deposition subpoenas for production of business records on Law Offices of John J. Thyne, III (“Thyne Law”); Goodwin & Thyne Properties (“G&T”); and Marcus Boyle. G&T is the real estate brokerage that has listed the subject property and Boyle is the real estate agent representing the property. Thyne Law purports to re...

Excerpt: ...l file and serve their first amended cross-complaints on or before August 22, 2019. Background: On June 8, 1994, Betty Goldberg and Al Goldberg filed their complaint in Goldberg v. Arns, United States District Court for the Central District of California case number 94-CV-3834 (the 1994 Federal Action). (Request for Judicial Notice [RJN], exhibit A.) On September 8, 2014, the Estates of Betty Goldberg and Al Goldberg, by and through their success...

Excerpt: ...C has sued for breach of contract in connection with two separate sublease agreements for airport hangars at the Santa Barbara Municipal Airport. As alleged in the lead case (Case No. 17CV04837), plaintiff is the master lessee under an existing master lease of certain airport property owned by the City of Santa Barbara. On December 20, 2005, plaintiff and non-party Select Personnel Services, Inc. entered into a written sublease agreement by which...

Excerpt: ...t owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Defendants Harry and Santy Kazali d.b.a. Days Inn of Santa Barbara filed a first amended cross- complaint against plaintiffs. After a demurrer was sustained to the FACC's second through fourth causes of action, no SACC was filed, leaving only a FACC alleging a single breach of contract claim. Cross-complainants' recent motion for leave to file a SACC was d...

Excerpt: ...n attorney fees. Complaint: On December 10, 2018, plaintiff TruConnect Communications, Inc., filed its complaint for breach of contract against defendant Blue Casa Telephone, LLC. On February 15, 2019, TruConnect filed a first amended complaint. On March 22, 2019, Blue Casa filed an answer and cross-complaint (CC), in which it alleges: On April 20, 2015, TruConnect, formerly known as Telscape Communications, Inc., entered an agreement to sell cer...

Excerpt: ...Petitioner/Plaintiff: Joseph Liebman; Steven H. Kaufman (Nossaman LLP – Los Angeles); Richard Monk (Hollister & Brace) For Respondent/Defendant: Kendall H. MacVey (Best Best & Kreiger – Riverside); Bruce W. Beach (Best Best & Krieger – San Diego) Rulings: 1. The Court denies City of Santa Barbara's motion for summary judgment or, in the alternative, summary adjudication of issues, or motion for legal ruling under CCP § 1260.040. 2. The Cou...

Excerpt: ...lich, Lena J. Marderosian, Dawn Cushman, Bradley & Gmelich LLP For Defendants Alma Del Pueblo Owners Association and The Management Association Inc. dba The Management Trust: Jeff Hsu, Patrick A. Gillispie, Murphy, Pearson, Bradley & Feeney For Defendants Samuel Hedgpeth and Sonia Rosenbaum: Michele L. Gamble, Rebecca J. Chmura, Collins Collins Muir + Stewart LLP For Defendants Jasmine Hale and Adams Stirling: Heather L. Rosing, Earll M. Pott, Br...

Excerpt: ...Stan Kanarowski's complaint. The court sustains the demurrer to the breach of the implied covenant of good faith and fair dealing cause of action without leave to amend. The court overrules the demurrer in all other respects. Background: In his complaint, plaintiff Stan Kanarowski alleges: Kanarowski is agent and attorney-in-fact for former Securityholders of Vutara, Inc. [Complaint ¶1] On February 6, 2013, Vutara entered into a confidentiality ...

Excerpt: ...w Firm, PC for defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther David J. Tappeiner of Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP for defendant Robert Ramirez. TENTATIVE RULING: The motion to disqualify plaintiffs' attorneys is denied, without prejudice. Background: In the Complaint in this action, plaintiffs allege that Walter C. Henning and Caroline Henning were married, ...

Excerpt: ..., Sean M. Gaffney, Jamie Altman Buggy, CGS3 LLP For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LL...

Excerpt: ...e: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendants Wells Fargo Bank, National Associa...

Excerpt: ...llowing Ms. Force's death, plaintiff filed suit against defendants Sheridan Force, Trustee of The Force Trust dated April 21, 1998, and The Force Trust dated April 21, 1998, claiming that he was not Ms. Force's tenant but instead her caretaker. Plaintiff seeks wages and penalties in excess of $200,000.00 for the period covering the four years prior to the filing of the complaint, alleging that he was never paid. Defendants deny the allegations an...

Excerpt: ...Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices o...

Excerpt: ...ining of vertigo. Dr. Okerblom recommended, among other things, that plaintiff consult with defendant Dr. Peter Garcia (“Dr. Garcia”) of defendant Dignity Health (together, “defendants.”) Plaintiff saw Dr. Garcia on August 31, 2017. She complained of compulsive gambling, which is a side effect associated with Abilify. At the time, she was taking 10 mg. of Abilify per day. The treatment plan was to proceed with a trial decrease of Abilify ...

Excerpt: ...tness observed “black smoke coming from the hood area of the [2004 Acura MDX].” The witness then noticed sparks coming from “underneath the vehicle.” The fire was quickly extinguished, although substantial damage to the vehicle ensued. According to the complaint, the “fire was determined to have started in the engine compartment where there was a malfunction with the vehicle.” Plaintiff contends in the operative pleading that defendan...