Excerpt: ...C (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...

Excerpt: ...he matters identified by the court. The court grants plaintiff leave to amend the complaint, if so desired, with an amended complaint to be filed on or before June 21, 2019. Background: On September 14, 2018, plaintiff Kim Ham filed her complaint in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Co...

Excerpt: ...munication with La Cumbre Junior High School as to the purchase of the subject bottle of sulfuric acid; 4) PMK re: the distribution process of the subject bottle of sulfuric acid; and 5) PMK re: the subject incident. At the hearing, the court will ask the parties to agree to the dates, times, and places of the depositions. Absent an agreement, the court will set the dates, times, and places of the depositions. The court imposes a monetary sanctio...

Excerpt: ...onal Medical Center, where it was discovered that as a result of the fall, Charles suffered multiple fractures to his left hip. On November 10, 2018, he passed away. On November 21, 2018, this complaint was filed by Charles' successor in interest, Lee Levins, against Dignity Health, alleging the following causes of action: (1) elder abuse; and (2) negligent hiring and supervision. On April 16, 2019, the court set aside the default of Dignity Heal...

Excerpt: ... defaulted, and presently owes $2,573.42, plus costs and fees. Plaintiff alleges it is the successor-in-interest to Citibank. On May 3, 2019, defendant filed an answer on standard Judicial Council forms. He admitted all the statements in the complaint. In addition, he alleges: "I have been unable to work because of my disability as a result of a work incident. I also have been unable to receive my worker comp." (Answer, ¶ 5.) In his pray...

Excerpt: ...ts Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc., and Nancy Warner, NP, to plaintiff Laurie Ann Humberd's first amended complaint. As to these defendants only, the Court overrules the demurrer to the first cause of action for negligence; the Court sustains the demurrer to the second cause of action for strict liability without leave to amend, and the Court strikes the third cause of action without leave to amend but wit...

Excerpt: ...Zubin Farinpour, Manning & Kass Ellrod, Ramirez, Trester LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Taurig, LLP For Defendant Lynn Chen: Stephen F. McAndrew, Kaufman McAndrew LLP For Defendant Mark Shaw: Timothy J. Trager, Meghan K. Woodsome, Reicker, Pfau, Pyle & McRoy LLP RULING: For the reasons set forth herein, the general and special demurrers of defendant Ke...

Excerpt: ...to Demand for Production of Documents and Request for Monetary Sanctions Attorneys: For Plaintiff: Eric A. Woosley Defendant: self represented Tentative Ruling: 1. The court grants plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP's motion to compel further responses to form interrogatories and orders defendant/cross-complainant Henry Aguila to provide further responses to form interrogatories ##12.1 and 12.2 in each of the two s...

Excerpt: ...nted TENTATIVE RULING: The motion of plaintiffs for terminating sanctions against defendant Sal Espinoza is granted in part and denied in part. The court orders that, on or before August 9, 2019, defendant Sal Espinoza shall serve on counsel for plaintiffs written, verified responses, without objection, to plaintiffs' form interrogatories, set one, and to plaintiffs' demand for production and inspection of documents, set one. On or before June 17...

Excerpt: ...o 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, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal ...

Excerpt: ...ckground: Plaintiff Laura Dewey filed this action against defendant Tarek Suleimanagich for breach of written contract and common counts for account stated and services rendered. Motion: Plaintiff moves for an order declaring defendant a vexatious litigant under CCP § 391(b)(3),which defines a vexatious litigant as a person who “In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other paper...

Excerpt: ...filed their putative class action complaint against defendant Ken's Foods, Inc., alleging causes of action for (1) violation of the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), (2) violation of the California False Advertising Law (Bus. & Prof. Code §17500 et seq.), and (3) violation of the California Unfair Competition Law (Bus & Prof. Code §17200 et seq.) Plaintiffs allege that they purchased a variety of salad dressing...

Excerpt: ...ent Services to Second Amended Cross-Complaint of Dario L. Pini and for Award of Sanctions ATTORNEYS: For Plaintiff People of the State of California etc.: Ariel Pierre Calonne, John Doimas, Office of the City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aqua...

Excerpt: ...r, motion to strike, and motion to quash, was dismissed without prejudice on January 28, 2019. In the current action, a First Amended Complaint (FAC) was filed on April 15, 2019, to correct the defect in the original complaint, which impermissibly been filed without having been verified. The FAC alleged that the parties entered into a written agreement under which defendant was to pay $2,900/month for a period of 5 years. It alleged further that ...

Excerpt: ...fendant. The complaint sought damages of $3,525.09. Defendant filed his Answer on October 5, 2018, generally denying the allegations of the complaint. The Answer asserted affirmative defenses of latches, that any recovery should be denied based upon plaintiff's breach of the agreement, that the matter is subject to arbitration in lieu of litigation, that plaintiff has failed to mitigate its damages, and unjust enrichment. Plaintiff served request...

Excerpt: ...s, attorney Paul P. Tashnizi, in the amount of $2,090.00, to be paid to counsel for plaintiffs on or before June 13, 2019. In all other respects, including defendants' request for an award of monetary sanctions, the motion is denied. Background: On November 7, 2018, plaintiff Subiono Wasito served defendant Harry Kazali by electronic service with a first set of form interrogatories (W-FI) and a first set of special interrogatories (W-SI). (Malone...

Excerpt: ...hew H. Conley, Henderson & Borgeson, in the amount of $1,000, to be paid to counsel for opposing parties on or before June 13, 2019. Background: Defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15, issued a deposition subpoena for business records to third party deponent custodian of records for Joseph Migliore, D.C., on October 16, 2018. (Conley decl., exhibit A.) (Note: The exhibits to the movi...

Excerpt: ... documents, set one, on or before June 12, 2019. BACKGROUND: This is an action for alleged breach of an insurance contract and bad faith. Plaintiff Jian Chen is the owner of residential property located at 361 Oliver Road, Santa Barbara, California 93109. At the time of the events in this case, plaintiff was insured under a homeowner's policy issued by defendant Interinsurance Exchange of the Automobile Club. The insurance policy covered plaintif...

Excerpt: ...response to his removal, he filed a petition for writ of mandate seeking reinstatement as principal and all lost benefits arising from his removal from that position, combined with a complaint for (1) violation of 42 U.S.C. § 1983, alleging a violation of his liberty interest protected by the Due Process clause, and (2) unlawful retaliation in violation of Labor Code section 1102.5(c), for which he seeks compensatory and punitive damages. This C...

Excerpt: ...rs Bill of Rights and a violation of T.I.L.A. The court sustained the demurrer with leave to amend as to the Homeowners Bill of Rights violation under Civil Code section 2923.7 as there were no facts to show that the group of three were anything but a single point of contact as contemplated by the statutory scheme. The court sustained the T.I.L.A. violation as to defendant Specialized Loan Serving without leave to amend, as it was not the owner o...

Excerpt: ...LLP RULING: (1) For the reasons set forth herein, the demurrer of defendants John Paullin and Bianca Jamgochian is sustained, with leave to amend, as to the second and third causes of action of plaintiff Lyn Gianni's first amended complaint. Leave to amend includes leave to state other causes of action arising from the same underlying facts as now alleged. (2) For the reasons set forth herein, the motion of defendants to strike portions of the fi...

Excerpt: ...in L. Baumer of Lowthorp, Richards, McMillan, Miller & Templeman for plaintiffs Daniel Antu and Lisa Henry Robert T. Mackey/Gregory B. Selarz / Clara L. Porter of Veatch Carlson LLP for defendant James Patrick Lynch RULING: For the reasons explained below, the motion to quash is granted. No sanctions will be awarded. Background: This action arose from a motor vehicle accident which occurred on March 10, 2018, on Los Positas Road in Santa Barbara,...

Excerpt: ...q., a violation of Business and Professions Code section 17500, et seq., and a violation of the California Consumer Legal Remedies Act. Briefly, defendants allegedly sold a defective automobile to plaintiffs pursuant to a vehicle purchase agreement without disclosing the defects. The matter was originally filed in Santa Barbara, but was transferred to this court on February 21, 2019. Defendants have filed a joint motion to compel arbitration purs...

Excerpt: ...nt in this action seeking partition of real property located at 456 Valdez 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 15PR00338 (Probate Case). (Complaint,...

Excerpt: ...mplaint 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 influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...

Excerpt: ...d the sheriff attempt service at a large complex of numerous businesses and the sheriff sought more direction. Plaintiff then had the sheriff attempt service at defendant's residence on three occasions on November 14, 15, and 16, 2017, between 1:40 p.m. and 2:50 p.m. On April 11, 2017, the court entered an order for publication of summons. Notice was published in the Montecito Journal. Plaintiff requested and the court entered defendant's default...

Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...

Excerpt: ..., 4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Def...

Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...

Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...

Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments...

Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...

Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...

Excerpt: ...denies defendant Sonia Rosenbaum's motion to disqualify plaintiff's counsel. The Court denies plaintiff Jane Doe's request for expenses. 2. The Court grants the motion of defendants Alma Del Pueblo Owners Association and The Management Assoc., Inc., to disqualify James F. Scafide as counsel for plaintiff Jane Doe. Background Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The...

Excerpt: ...intiff.” Presumably, this involves a default on a consumer credit debt. Defendant filed an answer on standard Judicial Council forms, as follows: “Defendant admits that all of the statements in the complaint . . . are true EXCEPT: [¶] Defendant claims the following statements are false []: “None.” Defendant prays for the following: “I'm willing to pay $1,000 right away and would like to make payment arrangements for the remaining balan...

Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...

Excerpt: ...ecting the parties to complete the deposition of Milton Grajeda. To the extent the motion seeks monetary sanctions, it is granted in the amount of $900, constituting the attorneys' fees incurred by 530 Anapamu to oppose plaintiffs' unsuccessful ex parte application to compel further discovery responses. Background: On July 24, 2014, plaintiffs Mary Kadak, Milton Grajeda, Mardoqueo Grajeda, Rufina Grajeda, Analise Grajeda, and Brandon Grajeda file...

Excerpt: ...'s license at the time he was arrested on April 29, 2018 for driving under the influence of alcohol. At the time of his arrest, Mr. Graybill was served by the arresting officer with a notice of “administrative per se suspension/revocation order and temporary driver's license.” He sought an administrative hearing from the Department, and a stay of the suspension/revocation pending the determination of whether to set aside or reinstate the susp...

Excerpt: ...twalk, while unaware that the utility closet contained a high voltage transformer. In doing so, he drilled into the high voltage equipment, and sustained serious injuries and burns when the equipment exploded, he caught fire, and he fell off the ladder. Plaintiff filed his original complaint on July 12, 2017, against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan), alleging causes of action for st...

Excerpt: ...r before May 24, 2019. In the event that Gerrity does not by that date serve the verified statement of no claim regarding the absence of Gerrity's signature as discussed herein, then Gerrity shall also serve on or before May 24, 2019, copies of all responsive documents to request numbers 24, 25, and 26, redacted as permitted herein. Plaintiffs' request for an award of monetary sanctions is denied. Background: On February 23, 2018, plaintiffs Line...

Excerpt: ... Municipal Court entered a default judgment for plaintiff Ford Motor Credit Company, transferee of Pacific Coast Ford, against Angelina Robles and Adrian J. Robles in the amount of $2,651.62. The judgment was renewed in 2003 and again on October 18, 2012, in the amount of $9,336.94. Motion: Plaintiff moves to amend the judgment to reflect two other names by which defendant Angelina Robles is known; to wit: Angelina Saracho and Angelina Robles-Sar...

Excerpt: ...ne Lorenzo-Weeks's motion to strike portions of plaintiff Shawn Donnell Parker's first amended complaint. Background: On October 13, 2017, plaintiff Shawn Donnell Parker commenced this action. With leave of court, he filed a first amended complaint (“FAC”) on March 21, 2019. Parker alleges: On October 16, 2015, at approximately 1:20 p.m., Parker was driving his vehicle northbound on U.S. Hwy 101 in Ventura. [FAC ¶6] At the same time, defenda...

Excerpt: ... California (People) filed their complaint in this action for injunction, civil penalties, and other equitable relief. The action is brought by the District Attorney of Santa Barbara County in the public interest pursuant to Business and Professions Code sections 17204 and 17206 and as requested by the Santa Barbara County Certified Unified Program Agency (CUPA) pursuant to Health and Safety Code sections 25182, 25299.02, and 25515.7. (Complaint,...

Excerpt: ...ir competition when it failed to expressly indicate in its advertising that nonmembers could purchase numerous categories of goods and services. But for this omission, contends plaintiff, he would not have purchased his $60 membership on July 7, 2017. Defendant has filed a motion for summary judgment as to both causes of action, claiming there is no evidence to show it engaged in false or misleading advertising; plaintiff cannot show he suffered ...

Excerpt: ... to five other owners as follows: The complaint requests partition by sale. A preliminary report performed by Chicago Title Company and dated July 23, 2016 is attached to the complaint which appears to confirm the alleged ownership interests. . Discussion Regarding Status of the Parties An Answer was filed by Stephen Gabbert, Nora Minnies (Fox), and Thomas Gabbert collectively, all of whom deny knowing the exact percentage of the interests owned ...

Excerpt: ...quest for Monetary Sanctions ATTORNEYS: John B. Richards for Plaintiffs Crystal R. Kerrigan and Madilyn R. Schrader, by and through her Guardian ad Litem Crystal R. Kerrigan Lacy L. Taylor for Defendants David Gerrity and Janette Van Hirtum TENTATIVE RULING: The motion of defendant David Gerrity to compel IME of plaintiff Crystal R. Kerrigan and request for monetary sanctions in the amount of $2,540.00 is granted as set forth herein. The motion o...

Excerpt: ...uentes Paul V. Ash for Defendants Petra Avendano and Jaime Guerrero TENTATIVE RULING: Defendants' motion to strike the punitive damages allegations in plaintiffs' first amended complaint is granted. Plaintiffs shall have to and including May 23, 2019, to file a further amended complaint. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on June 27, 2018, plaintiffs Eustacio ...

Excerpt: ...ntative of the Estate of Carolyn Jane Winther, to the second, third, and fourth causes of action in plaintiffs' complaint, as to plaintiff Walter J. Henning, individually and as trustee of the Walter C. Henning Trust and as trustee of the Caroline Henning Trust, and as to plaintiff James E. Henning, without leave to amend. The court overrules the demurrer in all other respects. 2. The court denies the motion of defendant John Mogens Henning to st...

Excerpt: ...dividually and as trustees for the Najera Trust UDT 3/6/2000, and Dan Najera filed their complaint for negligence, trespass, nuisance, and assault against defendants Leslie Kay Cavanagh and Rudolph Collaso. Plaintiffs allege that, on June 4, 2015, Collaso, Cavanagh's employee and tenant, threatened Dan Najera with an axe and caused substantial damage to the property of Arthur and Barbara Najera. On February 25, 2019, defendant Collaso, who is cur...

Excerpt: ... to Seal Documents Filed Conditionally Under Seal in Connection with Plaintiff's Motion for Catalyst Fees and Expenses and makes the limited sealing order discussed below. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed 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 Cod...

Excerpt: ...bicycle east on Sueno Road approaching the intersection of Camino Pescadero on November 15, 2017. (Complaint, ¶ 8.) Seife stopped at the stop sign and looked to the left and right. (Ibid.) Defendant Sina Faravashi was driving south on Camino Pescadero at an unsafe speed. (Complaint, ¶ 12.) At the time Seife had reached roughly the middle of Camino Pescadero, Seife was hit by the vehicle driven by Faravashi, causing serious bodily injuries to Se...

Excerpt: ...oseph P. McMonigle, Jennifer A. Becker, Long & Levit LLP TENTATIVE RULING: As set forth herein, defendants shall appear at the hearing on this motion and present a completed application for order in compliance with Santa Barbara County Superior Court Local Rules, rule 1303(a). The court will further address this motion at the hearing. Background: On June 1, 2017, plaintiff Michael S. Little filed his original complaint in this action against defe...

Excerpt: ...4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Defen...

Excerpt: ...nd June 30, 2018, at which time he was removed as principal by the Santa Barbara Unified School District (District), and reassigned as a classroom teacher. In response to his removal as principal, Behrens on May 21, 2018, filed a verified petition for writ of mandate (Code Civ. Proc., § 1085) or alternative writ of mandate (Code Civ. Proc., § 1087), seeking reinstatement to his position as principal of SMHS and any back pay or benefits that wer...

Excerpt: ... involves real property situated at 9235 Alisos Canyon Road, Los Alamos, California, known as Parcel 3 of Parcel Map No. 14,267 as filed in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"), including a strip of vineyard land. Krankl alleges that since August 2014, defendant Rowles has engaged in a pattern of encroachment and subtle interference with Krankl's easement rights. On August 17, 2018, Rowles filed a verified cross-complaint ...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: The court continues the hearing on defendant's motion to June 3, 2019. Defendant Angelina Dettamanti shall file and serve a supplemental brief as set forth herein on or before May 6, 2019. Any other party may file and serve a response to this supplemental brief on or before May 13...

Excerpt: ...and as trustees of the Merle and Marilyn Taylor Living Trust UTD July 26, 1995: Lacy L. Taylor, John J. Thyne III, Law Offices of John J. Thyne III For Defendant and Cross-Defendant Robert Houston, Jr., and Defendant Linda Lukas: Self-represented For Defendant Any Kind Loan Funding, Inc.: not represented For Defendant Andrew Dioli and Defendants and Cross-Defendants Rushmyfile, Inc., and FMC Lending: Edward T. Weber, Kristi M. Wells, Law Offices ...

Excerpt: ...ING: For the reasons set forth herein, the motion of defendant Tarek Suleimanagich for judgment on the pleadings is denied as untimely. Background: Plaintiff Laura Dewey filed her original complaint in this action against defendant Tarek Suleimanagich on August 14, 2017. The complaint asserts two causes of action against Suleimanagich: (1) breach of written contract; and (2) common counts for account stated and for services rendered. The contract...

Excerpt: ...he complaint in this case. Complaint: On January 4, 2019, plaintiffs Rodrigo Isidro De Jesus and Gregoria Julita Garcia-Osorio filed their complaint against defendants California Highway Patrol (CHP), State of California (State), and Felipe Amalio Hernandez. As relevant here, plaintiffs allege: Defendant Hernandez operated a vehicle owned by CHP and State in the course and scope of his employment. [¶¶19, 20] On May 1, 2018, Hernandez operated t...

Excerpt: ...ndants HomePeople Corporation dba Romio and Tarik Sansal. The complaint alleges causes of action for breach of contract, money lent, money had and received, and promissory fraud. On October 28, 2015, counsel for the parties filed a notice reporting progress in settlement talks with the expectation of a forthcoming settlement agreement. On December 9, 2015, plaintiffs filed a request for dismissal of the complaint with prejudice. Dismissal was ent...

Excerpt: ...This is a collection action that plaintiff Wells Fargo Bank, N.A., filed against defendant Oscar Camacho. On November 18, 2016, the parties filed a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6. The entered its order dismissing the action and retaining jurisdiction pursuant to CCP § 664.6. The stipulation provided for judgment in the amount...

Excerpt: ...e property 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 allege...

Excerpt: ...rr filed his complaint in this action asserting a single cause of action for professional negligence against defendant Bret Davis, M.D. The complaint alleges that Dr. Davis breached the applicable standard of care by failing to recommend or obtain a biopsy, causing delay and resulting injury to Carr. (Plaintiff's Response Separate Statement [PSS], undisputed facts 1-3.) On January 31, 2019, Dr. Davis filed this motion for summary judgment. The mo...

Excerpt: ...rks Commission (“HLC”) denying an application to operate a residential unit as a short term rental (“STR”). Petitioner/plaintiff Catt Properties, LLC (“Catt”) owns property at 101 West Anapamu Street in Santa Barbara, on which there is an 8,894 square-foot building containing an existing 1,007 square foot residential unit on the fourth floor of the four-story building. Catt alleges: City has allowed STRs for decades, issuing business ...

Excerpt: ...ad by locking “one or more gates,” thereby preventing Louderbacks' use of the access road. Louderbacks ask the court to restore and preserve access to and from their property over the access road through Walking U Ranch's property. The Louderbacks filed their second amended complaint on June 1, 2018, against defendants Walking U Ranch, as well as all others who hold any interest in an near Miranda Canyon and Cuyama Valley, alleging causes of ...

Excerpt: ...McLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: The court grants defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for leave to file second amended answers to complaint. Background: On December 27, 2016, plaintiffs Co...

Excerpt: ... 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, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal Commission and State Coastal Conservancy:Xavier Becer...

Excerpt: ...cident. Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to comp...

Excerpt: ...or judgment on the pleadings is denied. Background: These are two consolidated actions. The lead case is 1998 Ampersand Aviation, LLC, etc. v. Esperer Holdings, Inc., case number 17CV04837. The lead case is consolidated with 1998 Ampersand Aviation, LLC, etc. v. Federal Express Corporation, case number 17CV04854 (the consolidated case). (1) Allegations of Plaintiff's Complaint in Lead Case The plaintiff in the lead case is “1998 Ampersand Aviat...

Excerpt: ...t 1521½ Santa Rosa Avenue in Santa Barbara and plaintiff shall be entitled to an award of attorney fees and costs in the amount of $4,333.37. For convenience, plaintiff may deduct the award of fees and costs from the amount deposited, for a net deposit of $100,804.17. Background: Barrett Daffin Frappier Treder & Weiss, LLP, filed a complaint in interpleader for $105,137.54 in surplus proceeds not disbursed following the non-judicial foreclosure ...

Excerpt: ... (2) the unredacted declaration of James P. Hart, Jr., lodged on March 8, 2019. Background: Plaintiffs Eric Gonzales and Diana Gonzales and defendant A&S Coldplaning entered into a stipulation, initially dated April 16, 2018, for the parties to arbitrate their claims subject to a maximum and minimum award to plaintiffs. (Hart decl., exhibit 1.) The maximum and minimum amounts are redacted from the public file version of the stipulation because th...

Excerpt: ...d when she was sideswiped at a high rate of speed by a vehicle driven by defendant Douglas Harley. Defendant did not stop at the scene, but sped away. Plaintiff reported the incident and defendant was later stopped by police officers after they observed his vehicle drifting left to right on the roadway. After making contact with defendant, the officers noted that he had red, watery eyes. The officers also detected the smell of alcohol coming from...

Excerpt: ...s-complainant Roxanne Doree contesting the application for determination of good faith settlement of cross-defendants Jonathan Lisowski and Jessica Roth is denied. The Court finds that the settlement between plaintiffs Kirk Martin and Randee Martin and cross-defendants Jonathan Lisowski and Jessica Roth was made in good faith, barring all present and/or future claims against Lisowski and Roth for indemnity, contribution, and/or declaratory relief...

Excerpt: ...fendants Martin Jarchow and Summerland Builders Edward J. Valdespino for Defendant American Bankers Insurance Company Caryn Brottman Sanders for Defendant Universal North American Insurance Company TENTATIVE RULING: The demurrer of defendant Martin Jarchow to plaintiffs' first, second, and third causes of action for negligence, negligent misrepresentation, and fraud is overruled. Defendant shall file and serve his answer to plaintiffs' first amen...

Excerpt: ...La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of the Third Amended Complaint as to Plaintiff Norm Salter (2) Motion of Cross-Defendants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of Cross-Complaint of Dilip Ram ATTORNEYS: For Plaintiffs and Cro...

Excerpt: ... (2) For the reasons set forth herein, hearing on the motion of plaintiff Cinthya Saavedra for approval of the PAGA settlement will be continued to the date of the hearing on the final approval of the class action settlement, which date is to be determined at the hearing of these motions. Background: Defendant Cliff View Terrace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzi...

Excerpt: ...of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and cross-defendants Trigild...

Excerpt: ...pleading defects. Background: Plaintiff's complaint, filed on June 28, 2018, alleges causes of action for negligence, breach of the warranty of habitability, and nuisance, based upon allegations that she sustained personal injury and property damage from mold which grew in her rental property. She names as defendants John W. Seedorf, Enid K. Seedorf, Seedorf Family Trust, Sierra Properties, Nancy Kaller, and Mariella Stockmal. The defendants are ...

Excerpt: ... 2019. BACKGROUND: In April 2017, plaintiff Carla Jonasson began working for defendant James Gelb as a personal assistant and housekeeper. In exchange for plaintiff's services, defendant provided room and board to plaintiff and her two children in his house, but no salary. Plaintiff's duties usually began around 8:30 a.m. and often continued to 9:00 or 10:00 p.m. Plaintiff was required to clean defendant's house, do his laundry, prepare his food,...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...alth dba Santa Barbara Cottage Hospital, Inc.). The causes of action are medical negligence, medical battery (against Dr. Zerey only), and loss of consortium. Motion: SBCH moves for summary judgment. Plaintiffs have filed a notice of non-opposition to the motion. 1. Facts: The following facts are from SBCH's unopposed separate statement of undisputed material facts. In February 2014, Ms. Simmons presented to SBCH for a laparoscopic gastric bypass...

Excerpt: ...endant and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman, in the amount of $206,304.37. (2) For the reasons set forth herein, the motion of defendants and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman for an award of attorney fees and reimbursement of litigation expenses is denied. (3) For the reasons set forth herein, the motion of plaintiff...

Excerpt: ...mination case. On January 1, 2013, plaintiff Linea Polk (“Linea”) and her daughter, plaintiff Shannon Polk (“Shannon”), began residing at 512 E. Victoria Street, Santa Barbara, California 93101 pursuant to a written lease agreement with defendant David W. Gerrity (“Gerrity”). Defendant Janette Smidt (“Smidt”) managed and supervised the property for Gerrity. In January 2017, defendants removed a portion of the roof of the unit to m...

Excerpt: ...l the Court's secretary's telephone at 882-4570 who will get me from the bench to rule on any objections that might arise. Since this is the third time her deposition has been set, if Lana does not go forward with this deposition and does not complete the vocational examination, she will not be permitted to testify. The suggestion of written questions is rejected. The Court has selected a date after the date recommended by Lana's doctor and her a...

Excerpt: ...Egan, et al. (Manning & Kass, et al. – Los Angeles) For Defendant Chen: Stephen F. McAndrew (Kaufman McAndrew – Encino) Ruling: The Court overrules defendants Pierre Chao, John Mei, Christopher Holmes, Charles Miller, and David Oldham's demurrer; defendant Lynn Chen's demurrer; and defendant Mark Shaw's demurrer to the complaint of plaintiff Corporate Recovery Associates, LLC, as Trustee for the Liquidating Trust of Channel Technologies Group...

Excerpt: ...dents The Mayor and City Council of City of Santa Barbara RULING: The motion for judgment on the pleadings of respondent City of Santa Barbara is granted without leave to amend. BACKGROUND: This matter concerns real property located at 1407 East Cabrillo Boulevard in Santa Barbara known as Bellosguardo. The 23-acre property belonged to the late mining heiress Huguette Clark. Ms. Clark died in 2011 and left the property by will to The Bellosguardo...

Excerpt: ...Trial Date of 5/7 and the MSC of 4/12. Background: Plaintiff Denise A. Diller's sole remaining cause of action against defendant Rushmore Loan Management Services LLC is negligence. MSC is scheduled for April 12 and trial for May 7, 2019. Motion for Summary Judgment/Adjudication: Defendant Rushmore moves for summary judgment or, in the alternative, summary adjudication. Plaintiff Diller opposes the motion. 1. Issues Regarding Pleadings: Diller ha...

Excerpt: ...aniel Brucker and Janell Brucker's motion to compel further responses to request for production of documents, set one. The Trial Date of 6/25 and the MSC Date of 6/7 are confirmed. Background: Plaintiffs Daniel Brucker and Janell Brucker are the owners of the Ogilvy Ranch, a ranch property in Santa Barbara County. In August 2016, the ranch sustained damage as the result of the Rey Fire, a wildfire that started near Paradise Road in the Los Padres...

Excerpt: ...homas P. Gmelich for Defendant Victoria Street Partners, LLC Michele L. Gamble for Defendants Samuel Hedgpeth and Sonia Rosenbaum Earll M. Pott for Defendants Jasmine Hale and Adams Stirling, PLC RULING: The special motion to strike of defendants Jasmine Hale and Adams Stirling, PLC is granted. Causes of action 21 through 26 in plaintiff's first amended complaint are ordered stricken without leave to amend. Moving defendants are awarded their att...

Excerpt: ...he City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and c...

Excerpt: ...e negligent in their diagnosis, examination and care and treatment of plaintiff Nicole McKernan. That negligence included negligent prenatal care and treatment, and failure to diagnose and treat preeclampsia. As a result of the negligence, Nicole McKernan suffered a seizure and permanent brain damage. The complaint named as defendants Santa Barbara Cottage Hospital, Heather Terbell, M.D., and Bonnie Dattel, M.D. After Dr. Terbell filed a motion f...

Excerpt: ...amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP. The pa...

Excerpt: ...ross-defendant 220 W. Gutierrez, LLC, for summary judgment is denied. (1) Motion for Determination of Good Faith Settlement Background: This action involves toxic contamination in and around property located at 220 W. Gutierrez Street, Santa Barbara. Plaintiff 220 W. Gutierrez, LLC, is the present owner of the property located at 220 W. Gutierrez Street (the Property or Site). (Till decl., ¶ 3.) Plaintiff and State of California Department of To...

Excerpt: ...ot and the court orders it off calendar. As to plaintiff Joe F. Carrari, the court continues the hearing on the demurrer and motion to strike to March 20, 2016, to determine representation of Joe F. Carrari's interests in this case. Complaint and Background: On October 5, 2018, plaintiffs Joe F. Carrari, Sylvia Ramirez, Angelina Dettamanti, and J.P. Herrada filed their complaint for intentional tort against defendant County of Santa Barbara. Plai...

Excerpt: ...shman of Bradley & Gmelich LLP for defendants Santa Barbara Public Market, LLC and Victoria Street Partners, LLC; Michele L. Gamble / Rebecca J. Chmura of Collins Collins Muir + Stewart LLP for defendants Samuel Hedgpeth and Sonia Rosenbaum; Heather L. Rosing / Earll M. Pott / Brittany M. Vojak of Klindinst PC for defendants Jasmine Hale and Adams Stirling PLC RULING: The preliminary injunction is denied, and the TRO is dissolved. Background: Pla...

Excerpt: ... failed to appear on November 9, 2017, the warrant issued, and the court ordered John Richards be held on $10,000 bail. He was ultimately arraigned on February 21, 2018, and released on a $10,000 bail bond (ending in #6689) submitted by Lexington National Insurance Corporation (“Lexington”) on February 23, 2018. On March 5, 2019, a second bond in the amount of $10,000 (ending in #1759) was submitted by Lexington on behalf of the defendant. On...

Excerpt: ...nise Skinner, Gerald Skinner, and Jeff and Joyce Yonce Loren L. Lunsford for Defendant and Judgment Debtor William Milks RULING: The motion of defendant and judgment debtor William Milks to vacate the entry of judgment on sister- state judgment is denied. BACKGROUND: Plaintiffs and judgment creditors Dwight J. Baum, individually and as Trustee for the Dwight C. and Hildagarde E. Baum Trust, Robert Benjamin, Diane Benjamin, Joe Mloganoski, Nancy S...

Excerpt: ...Huff, Colin E. Barr, Enrique M. Vassallo, Orbach Huff Suarez & Henderson LLP RULING: For the reasons set forth herein the motion of defendants State Street Property, LLC, and North American Specialty Insurance Company to stay action, to continue trial, and for leave to amend the answer is denied in its entirety. Background: Plaintiff George C. Hopkins Construction Co., Inc., (Hopkins) filed its original complaint in this action against defendant ...

Excerpt: ...intiff Swim Collective, LLC, filed a complaint against defendant Jane Preston asserting causes of action for declaratory relief, intentional interference with contract, and negligent interference with contract. On April 21, 2017, Preston answered the complaint and filed a cross-complaint against Swim Collective and Shannon Leggett, a manager, officer, and owner of Swim Collective. The cross-complaint asserts the following causes of action: 1) non...

Excerpt: ...014. Attached to the complaint are two exhibits: 1) Exhibit A consists of bill statement by “PayPal Smart Connect” to defendant for $1,188.46 on account number ending in 1803, with a closing date of November 4, 2016; this documents indicates that defendant made a $45 payment on October 25, 2016; 2) Exhibit B consists of a bill statement by “PayPal Smart Connect” to defendant for $1,563.09 on account number ending in 1803, with a closing d...