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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...Owners Association to Second Amended Complaint (3) Motion to Quash of Alma del Pueblo Owners Association re Subpoena to Pacific Western Bank (4) Motion of Jasmine Hale and Adams Stirling for Attorney Fees Following Grant of Special Motion to Strike ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D...

Excerpt: ... Holbrooke Sawyer Natalya Vasyuk for Defendants Calle Real Shopping Center, The Towbes Group, Inc., and Trader Joe's Company RULING: Plaintiff's motion to compel Trader Joe's Company to provide a further response to Request for Production No. 4 is denied. Trader Joe's request for monetary sanctions against plaintiff is denied. Plaintiff's motion to compel The Towbes Group to provide a further response to Special Interrogatory No. 30 is denied. Th...

Excerpt: ... Employment and Housing Act (FEHA), harassment/hostile work environment (FEHA), failure to investigate or prevent harassment (FEHA), wrongful termination in violation of public policy, and declaratory judgment. Norton alleges: He was Sage's employee working in Camarillo in Ventura County and Santa Barbara in this Santa Barbara County. His employment was terminated on February 25, 2019, after a complaint of sexual harassment by another employee. H...

Excerpt: ...nce in person; no telephone appearances. Settlement briefs due one week in advance. 3. The trial date is November 12, 2019, with the Calendar Call at 11:30 am; the pretrial conference is set for 1:30 pm on 11/12; the jury panel to come over at 9 am on 11/13; the Court has reserved November 12 (1/2 day), 13, 14 and 15 and November 18, 19 (1/2 day), 20, 21, 22 for trial = 8 days. 4. The CMC set for 8/6 is vacated; a new CMC is set for: A. August 27...

Excerpt: ...tional Railroad Passenger Corporation dba Amtrak Michelle A. Birtja for Third Party Witness, Revel Miller, Ph.D. TENTATIVE RULING: The motion of defendant Amtrak to compel third party witness Revel Miller, Ph.D. to comply with its deposition subpoena is granted as set forth herein. BACKGROUND: This is an action for dangerous condition of public property, negligence (wrongful death), and public nuisance. On March 11, 2017, the decedent, Connor Edw...

Excerpt: ...entative Ruling: The court denies plaintiff Alan Cerf's motion to quash deposition subpoenas. Background: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. Plaintiff alleges that, on December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left ...

Excerpt: ...endant Mona Kulkarni's motion to strike portions of plaintiff Ofelia Azizi's second amended complaint. Background: On June 5, 2019, plaintiff Ofelia Azizi filed her second amended complaint. (Previous complaints included Farid Azizi as a plaintiff but he filed a partial dismissal and is no longer a plaintiff.) Plaintiff alleges: On September 7, 2017, defendant Mona Kulkarni was operating a motor vehicle while under the influence of a combination ...

Excerpt: ...iation Case No. 01-19-0000-3425. The court confirms the award in the amount of $71,786 and awards pre-judgment interest in the amount of $605.88. Petitioner shall submit a judgment in accordance with the foregoing. Petitioner James P. Griffith petitions the court for confirmation of a contractual arbitration award in his favor and against respondent Paul T. Nolan in the amount of $68,861 and $2,925 arbitration expenses, for a total award of $71,7...

Excerpt: ..., 2019 ruling regarding motions to compel further responses to form interrogatories and demand for production of documents. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (“Pico”), sued defendant Henry Aguila for breach of a written guaranty of a loan to borrower Three Aguila, Inc. Aguila filed a first amended cross-complaint (FACC) against Pico and seven others (three of which Aguila has dismissed) for breach of oral contract...

Excerpt: ...monetary sanctions is denied. BACKGROUND: Plaintiff Raymond J. Ramos (“Decedent”), by and through his Successor in Interest, Josephine Ramos, and plaintiffs Josephine Ramos, Rene Ramos, and Raymond L. Ramos, individually, bring this action against defendant Compass Health, Inc. (“CHI”), alleging causes of action for elder abuse and neglect, violation of residential rights, and wrongful death. Plaintiffs allege that Decedent died of a lung...

Excerpt: ...CV02931) (the Discrimination Case) now pending in Department 6 of this Court. 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...

Excerpt: ...), and to disallow $6,025.23 from category 16 (other). In all other respects, the motion is denied. Correcting an arithmetic error in the total stated in the memorandum of costs, the court fixes the amount of costs awarded in favor of defendants and against plaintiff in the total amount of $52,505.15. Background: On May 15, 2019, the court entered its judgment in favor of defendants Crusader Insurance Company and Unico American Corporation and ag...

Excerpt: ...intiff in the sum of $3,400.00. The trial date is ordered continued from August 28, 2019 to October 30, 2019, with all statutory deadlines to correspond with the new trial date. BACKGROUND: This is an action for personal injuries, specifically, pulmonary fibrosis, that plaintiff Steve Tepper allegedly sustained while working as the facility manager at the Granada Theatre, located at 1214 State Street in Santa Barbara. The small office (120 square...

Excerpt: ...Technologies Group, LLC: Edward Jason Dennis, Samuel B. Hardy, Christian A. Orozco, Lynn Pinker Cox & Hurst LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Traurig, LLP (For other appearances see list) RULING: For the reasons set forth herein, the motion of defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes to compel compliance with ...

Excerpt: ... In a written ”Statement of Decision” signed and entered on May 17, 2019, the court denied plaintiff's request for a continuance and granted defendants' motion for summary judgment, among other things. The “Statement of Decision” (the order) was mailed to the parties on May 20, 2019, as evidenced by the clerk's certificate of mailing. The court thereafter signed and entered judgment on June 3, 2019. Defendants sent notice of entry of judg...

Excerpt: ...: Jonathan C. Teller (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: 1. The court grants defendant Community Solutions, Inc.'s motion for sealing Exhibit F in support of the motion for summary judgment. 2. The court denies defendant Community Solutions, Inc.'s motion for summary judgment. Background: This is an action for wrongful death. Plaintiffs John Str...

Excerpt: ...ts for Admission, Set Two, is denied. BACKGROUND: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. According to the complaint, on the afternoon of December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left side of his head by a golf club tha...

Excerpt: ...Kenney, McGarrigle, Kenney & Zampiello, APC TENTATIVE RULING: For the reasons set forth below, the motion of plaintiff Hope Ranch Park Homes Association for an award of attorney fees is denied. The request of defendants A. Stuart Rubin and Annette Rubin for an award of monetary sanctions is also denied. Background: On June 29, 2017, plaintiff Hope Ranch Park Homes Association (Hope Ranch) filed its complaint in this action to collect monetary pen...

Excerpt: ...ilarly situated: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: The motion of plaintiff for final approval of class action settlement is granted. Background: On March 16, 2015, plaintiff Shawn LaFountain, individually and on behalf of others similarly situated, filed this putative class acti...

Excerpt: ...ifornia Coastal Commission and State Coastal Conservancy to Confirm Extension of Five Year Deadline to Bring Case to Trial and to Continue Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, indiv...

Excerpt: ...errace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzik decl. re PAGA, ¶ 3.) Plaintiff Cinthya Saavedra worked for Cliff View as a certified nursing assistant at Cliff View's Mission Terrace Convalescent Hospital facility in Santa Barbara from 2016 until April 2017. (Ibid.) The operative complaint, the second amended complaint (SAC), was filed on May 11, 2018. The SAC assert...

Excerpt: ...ate School, Inc. dba Pacifica Graduate Institute (“SBGS”). According to the allegations, on the evening of April 23, 2016, plaintiff was attending an outdoor conference celebrating SBGS's 40th anniversary. The conference took place on an area of the campus lawn where tables, chairs, and free-standing umbrellas had been set up for the conference attendees. Plaintiff was seated at one of the tables when the wind suddenly picked up, causing seve...

Excerpt: ...on the motion pursuant to CRC 3.1150(f). Background: Plaintiffs Melvyn Goldsmith and Barbara Goldsmith filed their complaint against defendant Hope Ranch Park Homes Association (“HOA”) for declaratory relief, breach of fiduciary duty, and injunctive relief. Plaintiffs allege: HOA is a corporation formed to manage a common interest development known as Hope Ranch. Milton Pinsky and Elizabeth Pinsky own property adjacent to Goldsmiths' property...

Excerpt: ...erve their second amended complaint on or before August 5, 2019. (2) For the reasons set forth herein, the motion of defendant Meister & Nunes, PC, to strike portions of the first amended complaint is granted, with leave to amend, to strike the words “bearing the name ‘Ann-Marie Morahan' with her home address, social security number and tax liability for 2015” from paragraph 13 and the words “an injunction and” from paragraph 38. In all...

Excerpt: ...to in the amount of $3,000, on or before July 29, 2019. 2. The court denies cross-complainants Santy and Harry Kazali's motion for leave to file amended cross-complaint. Background: This is a wage and hour action by plaintiffs Subiono Wasito and Enny Soenjoto, who were formerly employed at a Days Inn motel establishment owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Harry and Santy Kazali, dba Days Inn o...

Excerpt: ...t defaulted on his obligation to repay pursuant to the terms of the agreement. The sum of $26,228.04 is now owing. Plaintiff alleges the following causes of action: (1) breach of agreement; (2) open book account; and (3) account stated. Plaintiff moves for summary judgment or alternatively for adjudication of issues. Opposition has been filed, including evidentiary objections, as well as a reply. Legal Standards The rules governing how courts ass...

Excerpt: ...a del Pueblo Owners Association re subpoena to Pacific Western Bank (continued from June 18); and (4) motion of Jasmine Hale and Adams Stirling for attorney fees following grant of special motion to strike (filed on May 17 and originally set for June 18, but continued on June 4 to July 16 at plaintiffs' request). Rulings: For the reasons set out below, and to avoid any prejudice 1. The Court will continue the hearing on all motions scheduled for ...

Excerpt: ...motion for protective order is granted. Any further deposition testimony of Dr. Richard Hurvitz shall be taken by written, instead of oral, examination. Defendant is awarded monetary sanctions against plaintiffs' counsel, John B. Richards, in the sum of $5,760. BACKGROUND: This action arises out of a landlord tenant dispute. As alleged in the complaint, on July 10, 2015, plaintiffs Erin Murphey, Richard Doherty, and Chloe Doherty, a minor, began ...

Excerpt: ...d property which abuts Tollis Avenue. Both parcels are accessed from Tollis Avenue by a common driveway. The area slopes southward down toward Tollis Avenue, and the upper parcel acquired by Lighthouse Trust has ocean views. Each property is improved with a single family residence with attached garage. Lighthouse Trust seeks to merge the two parcels into one 2.12 acre parcel, to demolish the existing residences and other structures, and to constr...

Excerpt: ...) on behalf of herself and her son, plaintiff Santo Massine (“Massine”), a minor. Defendant is Janet Berschneider aka Jenna Berg (“Berg”) acting individually and as Trustee of the Berg Family Trust. Berg is the owner of real property located at 322 East Arrellaga Street, Santa Barbara, California 93101, where plaintiffs lived from February 2017 to July 2017. In October 2018, the parties settled the action, with defendant agreeing to pay $...

Excerpt: ...g and Associates, LLC (Company or LAALLC) from entering into agreements to sell their respective membership interests and to compel those members to sell their interests to Shumake under the terms of the Company's Operating Agreement. The motion is opposed by the defendants. (Note: The moving papers do not include electronic bookmarks for exhibits as required by Rules of Court, rule 3.1110(f)(4). The exhibits are not consecutively paginated in vi...

Excerpt: ...his demotion by defendant Santa Barbara Unified School District (“District”) from his position as principal at San Marco High School (“SMHS”) to classroom teacher. Behrens sought reinstatement to his position as principal and all back pay and benefits that were lost due to his reassignment, as well as attorney's fees. On May 9, 2019, the court denied Behrens's motion for judgment on peremptory writ of mandate, finding that District did no...

Excerpt: ...nt on or before July 25, 2019. (2) Based on the disposition of the demurrer, the motion to strike of defendant The Parsons Group, Inc., is moot and is ordered off calendar. Background: As alleged in the first amended complaint (FAC): Plaintiff Teresa Vargas Perez was employed as a Caregiver at a residential care facility known as The Gables Ojai from at least 2006 to 2018. (FAC, ¶ 1.) Defendant The Parsons Group, Inc. (Parsons) is headquartered ...

Excerpt: ...answer to the first amended cross-complaint on or before July 25, 2019. Background: (1) Allegations of First Amended Cross-Complaint of Alex M. DePaoli, Laura B. DePaoli, Michael L. Matkins, and Teryl S. Matkins Cross-defendant Westmont College (Westmont) is the owner of a parcel of real property that is referred to as the “Road Parcel,” which is used as a private road by other parties to this action. (First Amended Cross-Complaint [FACC], ¶...

Excerpt: ...ntirety, and the text of paragraph 6, “enjoin the plaintiff from any trespass on, use of or other benefit of the La Cumbre Canyon Ranch property and” (Answer, p. 10), and is in all other respects denied. (2) For the reasons set forth herein, the demurrer of plaintiff Saticoy Development Company, LLC, to the answer of defendant Skylar L. Gauss (i) is sustained, without leave to amend, as to the seventh, ninth, and tenth affirmative defenses, (...

Excerpt: ...set for May 1, 2020. 3. The next CMC date of 10/8/19 is vacated and a new CMC date is set for March 31, 2010, to discuss the final discovery schedule including expert witness depositions. Analysis This is a personal injury action, based upon injuries sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant failed, and he hit his head. The incident occurred in April 2018, and the complaint was filed in August 2018. PMK dep...

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...

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: ... to amend. Complaint: Plaintiff Centex Group, Inc. (“CG”), alleges: Defendant Wells Fargo Bank, N.A. (“WF”) provided account services to individual(s) going by the name “Cheapside Trading Company” (“Cheapside”). Cheapside executed an e-mail scam in which they impersonated CG's vendor and induced CG's agent to deposit $22,119.10 from CG's Chase Bank account into the WF account owned or managed by Cheapside on February 16, 2019. CG ...

Excerpt: ...: As alleged in the complaint of plaintiff James Lewis: Plaintiff is the owner of real property located at 4631 Gerona Way, Santa Barbara (the Premises). (Complaint, ¶¶ 1-4.) On May 14, 2018, plaintiff entered into an unspecified tenancy with defendant Stephen M. Lewis by a written agreement. (Complaint, ¶ 6.) The complaint does not check any boxes in paragraph 6a(1), (2), or (3) identifying the type of tenancy. On March 14, 2019, a 30-day not...

Excerpt: ...eview Commission's Appeal Decision dated May 15, 2017, are hereby vacated. The court further orders that respondent Regents of the University of California conduct no further administrative proceedings against petitioner John Doe based on the alleged conduct that is the subject of this proceeding. Counsel for petitioner shall prepare an order consistent with this ruling. Background: Investigators and adjudicators at the University of California S...

Excerpt: ...yle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wholfeil, Klinedinst PC RULING: (1) For the reasons and on the grounds set forth herein, the general and special demurrer of defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich to plaintiffs' second amended complaint is sustained as to each cause of action. Plaintiffs shall file and serve their amended complaint (to be designated the fifth a...

Excerpt: ...gainst plaintiff, together with costs. BACKGROUND This is an action for personal injuries. On September 3, 2017, plaintiff Alyssa Nuno, then age 16, was at West Beach in Santa Barbara celebrating the Labor Day holiday with family and friends when an intense storm event known as a “microburst” struck the beach, creating 80 mile per hour wind gusts and heavy rain that sent umbrellas, kayaks, and other watercraft and debris flying through the ai...

Excerpt: ....C., to compel further responses to form interrogatories, set one, No. 15.1 is granted. Defendant Marco A. Frausto shall serve his verified further responses to form interrogatory No. 15.1 on or before July 17, 2019. Background: On September 19, 2018, plaintiffs J. Arthur Baer, III, and J.A. Ted Baer, a Professional Corporation, filed their original complaint in this action asserting causes of action against defendants Marco A. Frausto and Marco ...

Excerpt: ...elaine Moreno and Emily Walker TENTATIVE RULING: The motion of defendants Shelaine Moreno and Emily Walker for good faith settlement determination is granted. All pending and/or future claims against the settling defendants for equitable indemnity or contribution based on comparative negligence or comparative fault are dismissed. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle collision. On August 8, 2016, at ap...

Excerpt: .... Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff 660 BVD, LLC, for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint...

Excerpt: ...ez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00378 (Probate Case). (Complaint, ¶ 5.) On March 23, 2017, a Notice of Proposed Action was filed in the ...

Excerpt: ...d their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1750 et seq.); (2) violation of California Fair Advertising Law (“FAL” – B&P Code §§ 17500 et seq.); and, (3) violation of California Unfair Competition Law (“UCL” – B&P Code §§ 17200 et seq.). On July 23, 2018, after the co...

Excerpt: ... not capable of judicial notice. (See Evid. Code, §§ 451-452.) Moreover, absent compelling reason otherwise, the court takes judicial notice of the case records as they exist through the San Luis Obispo Superior Court Attorney Portal. San Luis Obispo Superior Court Case No. 17CVP-0260 (“SLO Case”) On September 28, 2017, Frank Macciola and Domenica Macciola as trustees of the Macciola Trust, James Cella, Holly Lundbeck, trustee of the Holly ...

Excerpt: ...ements and the Court preliminarily approves the settlement pursuant to CRC 8.769(c). 2. The Court conditionally certifies the class, as defined in the settlement agreement: all persons who work or worked for defendant in California as independent contractor owner-operator drivers during the class period— from May 31, 2013, through the date the Court preliminarily approves the settlement, presumably June 25, 2019. 3. A final hearing on the settl...

Excerpt: ...rike portions of plaintiffs' complaint and civil cover sheet is granted in part, with leave to amend. The motion is granted to strike the check from the box in paragraph 14(a)(2) of the complaint (asserting a claim for punitive damages). In all other respects the motion is denied. Plaintiffs Paul H. Gularte and Emily Gularte shall file and serve their first amended complaint on or before July 10, 2019. Background: On April 5, 2019, plaintiffs Pau...

Excerpt: ...ty of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allegedly “c...

Excerpt: ...ts Alma del Pueblo Owners Association and The Management Association, Inc., to Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D. Carstens, Lewis Brisbois Bisgaard & Smith LLP For Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC: Thomas P. Gme...

Excerpt: ...ffice of the City Attorney; Eugene P. Ramirez, G. Craig Smith, Nicole M. Threlkel, Manning & Kass Ellrod, Ramirez, Trester LLP TENTATIVE RULING: Counsel for all parties are to appear, in person or by telephone, for the hearing on this motion. Background: Plaintiff Bridget Bryden filed her complaint against defendant City of Santa Barbara (City) on April 7, 2017, asserting in her complaint five causes of action: (1) violation of Labor Code section...

Excerpt: ...n and Sober, Inc. Paul D. Singer for Defendant Community Solutions, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Stalwart Clean and Sober, Inc. is denied. The court finds that there are triable issues of fact as to plaintiffs' claims in the matter. BACKGROUND: This is an action for wrongful death. Plaintiffs John Strumfler and Tracy Morris are the parents of the decedent, John Charles Strumfler, a parolee with a severe hero...

Excerpt: ...eposition to go forward on June 19 at 1:30 p.m. absent an express agreement among counsel for plaintiffs, counsel for defendant, and Powers. 2. Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3. The court grants plaintiffs' Linea Polk and Shannon Morgan Polk's motion to strike defendant David Gerrity's supplemental declaration of expert witnesses and orders s...

Excerpt: ...d range of repairs and modifications for his 1964 Corvette, including brake and suspension work. Plaintiff paid defendant $5,000.00 towards the costs of the repairs and upgrades he wanted and left the car with defendant. Plaintiff contends that he told defendant that he had a budget of $35,000.00 for the work to be performed, but was ultimately charged over $57,000.00. Plaintiff contends that he never received written estimates for the labor and ...

Excerpt: ...t, LLC, and Victoria Street Partners, LLC to Second Amended Complaint (3) Motion of Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC to Strike Portions of Second Amended Complaint (4) Demurrer of Defendants Samuel Hedgpeth and Sonia Rosenblum to Second Amended Complaint (5) Motion of Defendants Samuel Hedgpeth and Sonia Rosenblum to Strike Portions of Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James ...

Excerpt: ...8 and continued by request of the parties to allow them an opportunity to complete necessary discovery and due to trial conflicts of defendants' counsel. Trial was continued to April 2, 2018. Trial was again continued to August 27, 2018 by the parties' request to allow them to complete a vehicle inspection and due to trial conflicts of plaintiffs' counsel. The parties again requested a trial continuance because the vehicle inspection was only com...

Excerpt: ...unt of $50,000. The bond was cancelled on July 2, 2018 with an effective cancellation date of August 4, 2018. Numerous claims of which the aggregate exceeds $50,000 have been submitted to Hudson seeking recovery of damages and losses. The claims allegedly occurred during the pendency of the Hudson bond. Consequently, Hudson filed its complaint in interpleader on August 2, 2018 pursuant to Code of Civil Procedure Section 386, subdivision (b). Huds...

Excerpt: ...a for Defendant Tom Shultz RULING: The motion of defendants Nancy Kaplan and Paddlers, Inc. for good faith settlement determination is granted. The motion of defendant Marc Medina for good faith settlement determination is granted. The motion of defendant Tom Shultz for good faith settlement determination is granted. Any and all present or future claims for equitable or comparative indemnity or contribution against the settling defendants are dis...

Excerpt: ...timatebrands, Inc. (3) Application of Right to Attach Order and for Issuance of Writ of Attachment against Defendant Ultimate Franchises, Inc. ATTORNEYS: For Plaintiff 660 BVD, LLC: Todd A. Amspoker, Ryan D. Zick, Price, Postel & Parma LLP For Defendants Ultimate Brands, Inc., 2Ultimatebrands, Inc., and Ultimate Franchises, Inc.: John A. Dells, Warren B. Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the applications o...

Excerpt: ...tive Enhancement Awards ATTORNEYS: Garry M. Tetalman for Plaintiffs and Class Rafael Gonzalez for Defendant Santa Barbara Brewing Company, LLC TENTATIVE RULING: Plaintiffs' motion for final approval of class action settlement and class certification is granted. Plaintiffs' motion for approval of class counsel's fees, litigation costs, class representative enhancement awards, and claims administrator fees is granted as set forth herein. BACKGROUND...

Excerpt: ...eph, Maranga Morgenstern TENTATIVE RULING: The motion of plaintiff Sharon E. Green to sequester and review records filed under seal in criminal cases is denied. Background: This is the lead case consolidated with Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524. On May 24, 2017, plaintiff Sharon Green filed her complaint in this action against defendant Mary Long Berry. The complaint alleges causes of action for...

Excerpt: ... Warren B. Campbell, Long & Delis TENTATIVE RULING: The application of plaintiff 660 BVD, LLC for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint for nonpayment on a guara...

Excerpt: ...al complaint in this action against defendants Barbara Kellner, Welterlen- Kellner, Inc., and Paw Asset Management, LLC. (Welterlen-Kellner, Inc., and Paw Asset Management, LLC, are referred to herein as the “entity defendants.”) On October 13, 2016, plaintiff Lisa Sands filed her original complaint in case number 16CV04593 against the same defendants. On October 17, 2016, the Etz plaintiffs filed their first amended complaint in this action....

Excerpt: ... is granted. Background: On June 25, 2018, plaintiff Charles Franzen, by and through his guardian ad litem, Michael Franzen, filed his original complaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an infusion port removal surgical procedure on plaintiff Charles Fran...

Excerpt: ...0 days of the date of this order. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101. The residential property is owned by defendant Janet Berschneider aka Jenna Berg acting individually and ...

Excerpt: ...(BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would c...

Excerpt: ...n or before June 28, 2019. Background: On December 21, 2016, plaintiff Dean Ventura filed his complaint in this action asserting four causes of action against defendants R&R Motorworks (R&R), Ralph Gold and Nancy Gold: (1) breach of contract; (2) fraud; (3) negligence; and, (4) violation of consumer protection statute. On January 31, 2017, defendants filed their answer to the complaint, generally denying the allegations thereof and asserting six ...

Excerpt: ...t objection, questions ##1, 2, 3, 5, 6, 7, and 9 in plaintiffs' separate statement and any reasonable follow up questions. Plaintiffs may also ask questions regarding employment records that have been subsequently produced. 3. The court grants plaintiffs Subiono Wasito and Enny Soenjoto's request for a monetary sanction. The court imposes a monetary sanction of $5,690, including attorney's fees and the $90 filing fee, payable on or before June 17...

Excerpt: ...ghts Act, violation of the California Education Code, negligence, and negligent misrepresentation. Plaintiffs allege that they were sexually harassed and assaulted by defendant Caleb Alexander (“Alexander”), a fellow student, while they were all enrolled in the Master's of Psychology Program at defendant Pacifica Graduate Institute (“Pacifica”) during the 2016-2017 school year. Plaintiffs claim that when they reported Alexander's alleged ...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...d causes of action. The motion to strike is denied as improperly made. The sanction request is denied. Background Plaintiff's complaint, filed April 8, 2019, alleges causes of action for professional negligence, unfair business practices, and fraud, arising from defendant Dewey's brief representation of plaintiff in a family law matter involving issues of child custody, support, and visitation. Plaintiff alleges that Dewey performed very little w...

Excerpt: ...the outset, the Court recognizes that this phase of the case is not stayed as a result of the SLAPP decision being appealed. An anti-SLAPP motion automatically stays ONLY trial court proceedings on causes of action affected by motion. (See Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180) Background: Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The operative ...

Excerpt: ...fs Greg Smith and Judith Smith Robin L. Lewis, Assistant 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 for order augmenting the administrative record and/or admitting extra-record evidence is granted. The petition for writ of mandate challenging the determination by City Engineer Brian D'Amour that th...

Excerpt: ...nna Dyriam for Defendant Max Baril Barry Z. Brodsky for Defendant Meridian Group Real Estate Management, Inc. TENTATIVE RULING: Defendant's motion for order compelling plaintiff to provide further responses to form interrogatories is granted. Plaintiff shall provide its further responses, without objections, on or before June 13, 2019. Defendant is awarded monetary sanctions in the amount of $1,413.40. BACKGROUND: Plaintiff Filippini Wealth Manag...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Angelina Dettamanti to quash service and to vacate orders is denied. Counsel for the parties are to be prepared to discuss the issue of mootness at the hearing of this motion as identified by the court. Background: This civ...