Excerpt: ...ndant shall file and serve his answer to the complaint on or before January 8, 2020. BACKGROUND: This action stems from a motor vehicle collision. On the night of December 7, 2018, defendant Charles Stimson was traveling southbound in the 1200 block of San Andreas Street, Santa Barbara, when he collided with a parked vehicle in which plaintiffs Paul Gularte and Emily Gularte were passengers. Defendant failed to stop and continued to his residence...

Excerpt: ... to cure. Background: On July 29, 2016, plaintiffs American Express Bank, FSB, and American Express Centurion Bank and defendant Michael Sandel filed a Stipulation for Conditional Entry of Judgment (“Stipulation”). On August 8, 2016, the court entered an order dismissing the case and retaining jurisdiction pursuant to CCP § 664.6 over the parties to enforce the Stipulation. The Stipulation provided that plaintiffs shall recover $48,666.49 (i...

Excerpt: ...s action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller Dec. ¶ 2.) At the mediation on May 17, the parties agreed to a settlement and each plaintiff executed a separate Settlement Agreement and Release. (Id. ¶ 3, Exhibit A.) Each settlement agreement provided that “Defendant” would pay a sum to each plaintiff...

Excerpt: ...equent depositions of both plaintiffs Patrick William Kinsella and Snejana Kinsella and orders both plaintiffs to make themselves available for subsequent depositions in California. The subject of the subsequent depositions shall be limited to the loss of consortium cause of action, including damages. Plaintiffs shall be solely responsible for their own travel costs. Nothing in this order shall limit other means of discovery. Background: The acti...

Excerpt: ...rt. Defendant is ordered to provide further responses to RFP Nos. 15, 18, 21, 22, 23, 24, 27, and 42, SPI Nos. 5 and 6, and FI No. 50.5. The further responses shall be provided on or before January 10, 2020. In all other respects, plaintiff's motion to compel is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundat...

Excerpt: ...ple 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 Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Bur...

Excerpt: ...sica C. Cook, Stevenson Law Office; Robert Adler RULING: (1) For the reasons set forth herein, the demurrer of defendant Joi K. Stephens to the third cause of action (conversion) of plaintiffs' complaint is sustained with leave to amend. Plaintiffs Christopher S. Vincent and Shelby G. Vincent shall file and serve their first amended complaint, if they choose to do so, on or before January 2, 2020. (2) For the reasons set forth herein, the motion ...

Excerpt: ...strong Associates, Inc. Scott R. Baker for Defendant Advanced Drywall Solutions, Inc. James B. Cole for Defendant Mountain West Construction Group, Inc. Christopher E. Haskell for Defendant Anderson Systems, Inc. Anthony R. Strauss for Defendant Venco Western, Inc. Raymond A. Myer for Defendant All American Roofing, Inc. Michael P. Denver for Defendant Mission Ready Mix RULING: The motion of defendant Arlington Theatre Property, LLC to compel arb...

Excerpt: ...arbitration and to stay action is granted as to plaintiff Armstrong Associates, Inc. and moving defendant. The remainder of the action is ordered stayed pending resolution of that arbitration. BACKGROUND: This is a construction dispute stemming from alleged defects and/or incomplete work performed in connection with the Arlington Village apartment complex (the “Project”) located at 1330 Chapala Street, Santa Barbara, California 93101. Defenda...

Excerpt: ...s to call the CMC Calendar matter on this case at 9:30am; appearances at 8:30am are not expected. BACKGROUND: Plaintiffs Ajna Bayet (“Bayet”) and Kathleen Korsan (“Korsan”) are former employees of defendant Peter Levy, D.C., a chiropractor with offices located at 3710 State Street, Suite E, Santa Barbara, California 93105. On October 8, 2019, plaintiffs filed their first amended complaint alleging two causes of action against defendant. T...

Excerpt: ...oseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Frances Cardilino reside at 15 Fellowship Circle (the Cardilino Property). (Complaint, ¶ 2.) The Cardilino Property is located in the center of Fellowship Circle, with neighboring homes surrounding it. (Ibid.) The Cardilino Property faces the Benaron Property. (Ibid.) In February 2016, plaintiffs began ...

Excerpt: ... California State Lands Commission shall file an amended complaint on or before December 30, 2019. Complaint: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. The Commission alleges: On February 29, 1968, the Commission is...

Excerpt: ...gh the entrance of the store and struck plaintiff. His complaint, filed March 6, 2017, asserted claims against Golomb, Trader Joe's Company, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after t...

Excerpt: ...minary injunction. Background: On September 17, 2019, plaintiff ECO Property Group, LLC (“ECO”), filed its complaint against defendants Snider Investments, LLC (“SI”), and David Snider. SI filed a cross-complaint against ECO and its members Eli Owens and Roger MacFarlane. The dispute arises out of formation of Southern California Cultivation Partners, LLC, which was later renamed Morongo Equity Partners I, LLC (the “Company”). The Com...

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

Excerpt: ...nc.; Request for Sanctions 2. Plaintiffs' Motion for Leave to Amend the Complaint Attorneys: Plaintiffs: Jonathan C. Teller, Erik Harper (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) For Defendant Stalwart Clean & Sober: Jack H. Snyder (Wolfe & Wyman – Irvine) Tentative Rulings: 1. The court denies plaintiffs John Strumpfler and Tracy Morris's motion to compel further re...

Excerpt: ...ndant: Roshni C. Kapoor (Ogletree, Deakins, et al. – San Francisco) Tentative Ruling: The court grants plaintiff Angelina Longstreth's motion to quash or limit the deposition subpoenas that defendant Agilent Technologies, Inc., issued to Paul J. Markowitz, M.D.; Sierra Rose Smargon, LMFT; and Sedgwick Claims Management Services, Inc. The deposition subpoenas shall be limited to two time periods: (1) September 24, 2017, through December 22, 2017...

Excerpt: ...ial Records ATTORNEYS: Ashley E. Flood, Deputy County Counsel, for Petitioner Joseph Holland, Santa Barbara County Assessor Jason D. Strabo for Respondents CWI Santa Barbara Hotel, LP and CWI 2 Santa Barbara Hotel, LP TENTATIVE RULING: Petitioner's Application for Order to Seal Confidential Records is granted. The specified exhibits are ordered sealed. Petitioner's Application for Order of Appearance is granted. Respondent is ordered to produce t...

Excerpt: ...iel S. Hentschke of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: The demurrer to the inverse condemnation cause of action is sustained. While the Court is doubtful that the complaint can be amended to state a valid cause of action for inverse condemnation, it will allow plaintiff leave to file a First Amended Complaint in an attempt to do so. Any such amended complaint must be filed on or before December 23, 2019. ...

Excerpt: ...ff's motion for leave to file a first amended complaint is denied. Plaintiff's allegations of misconduct are already the subject of a cross-complaint she has filed in another action. BACKGROUND: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole owners and directors of defendant Four Jays Music Company (“Four Jays”), a company responsible for collecting and distributing royalties from music composed by Jones and Riva's la...

Excerpt: ...Frances Cardilino is granted to strike paragraph 9 of the prayer of the complaint, with leave to amend, and is otherwise overruled. (3) As set forth below, plaintiffs shall file and serve their first amended complaint on or before January 6, 2020. Background: As alleged in the complaint: Plaintiffs Joseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Fran...

Excerpt: ...other equitable relief, was filed by the People on January 28, 2019. It alleges that defendant Highland Green, Inc. (HGI) at all times operated a cannabis cultivation site on four parcels within Santa Barbara County (131-090-073, 131-090-074, 131-200-016, and 131-200-018), also known as 1825 Tepusquet Road and 7930 Blazing Saddle Drive in Santa Maria. Defendant Highland Hilltop Ranch, Inc. (HHRI), formerly known as Unified Investments, Inc., is o...

Excerpt: ... proofs of service filed on October 9, 2019, is ordered quashed. On its own motion, the court strikes the second amended complaint, filed September 16, 2019, as not filed in conformity with the laws of this state. (2) For the reasons set forth herein, the motion of defendants Kenny Kahn, Vincent Armenta, Raul Armenta, Maxina Littlejohn, Gary Pace, Mike Lopez, and Bill Peters to quash service of summons on the grounds of lack of jurisdiction is mo...

Excerpt: ...ction was filed. Defendant would make a $4,000 payment on May 24, 2017, followed by payments of $400/month through October, 2017, and then $500/month payments through April 2020, for a total payment of $21,000. That total was to include $725.80 in court costs, and would reflect a settlement forgiveness of $17,207.23. If defendant defaulted on any payment, and failed to cure that default within seven days after written notice of default was provid...

Excerpt: ...rmitting all discovery motions to be heard on shortened time. The stipulation and order (filed October 18, 2019) provides for a December 6 deadline for fact witness depositions and any motion practice regarding fact discovery. The timing of filing papers for the motion is that the opposing party files its opposing brief within seven calendar days of the moving party's opening brief and a hearing as soon as practicable thereafter. (This arrangemen...

Excerpt: ...ct). On July 3, 2017, Evenson and Ploutz Construction entered into a written Subcontract Agreement in the amount of $176,000.00 in which Evenson agreed to perform work for the Project. The scope of the work was subsequently modified and the contract amount reduced to $156,617.61. Ploutz Construction paid $35,000 to Evenson, and failed to pay the balance. On April 9, 2019, Evenson filed an amended complaint against Jeff Ploutz Construction, Inc., ...

Excerpt: ...al Fire & Marine Insurance Company is sustained, with leave to amend, as to the third (fraud) cause of action, and the demurrer of all demurring parties is sustained, with leave to amend, as to the seventh (negligent misrepresentation) cause of action. Plaintiff Start, Inc., shall file and serve its second amended complaint on or before November 25, 2019. Background: Plaintiff Start, Inc. (Start), owned and operated a commercial cannabis nursery ...

Excerpt: ...nto a written lease and addendum to lease for commercial premises located at 427 State Street, Santa Barbara, California 93101. Because defendant was starting a new business, the lease payments for the first six months were at a reduced rate. Once the initial six-month trial period had elapsed, and if defendant elected to continue his tenancy, the monthly rent was increased to $6,000.00 per month, starting August 2019. Defendant continued his ten...

Excerpt: ...aterials and data are not required to be disclosed by Dr. Stenquist to counsel. Background: This is an action arising from an automobile versus pedestrian accident in which, among other things, plaintiff Michael Hines claims damages from a traumatic brain injury. Philip K. Stenquist, Ph.D., ABCN, a psychologist, was retained by counsel for defendant Nancy Hoolahan to review records and to examine Michael Hines. (Stenquist decl., ¶ 3.) On May 21,...

Excerpt: ...by failing to make the payments due on the account. On October 13, 2006, NDS filed its complaint for breach of credit card agreement, money lent, and account stated. On February 26, 2007, a default judgment in the amount of $21,058.94 was entered in favor NDS and against Cruz. The judgment was renewed on July 26, 2012, in the amount of $32,473.15, including post-judgment interest. On January 15, 2015, NDS assigned all of its rights, title, and in...

Excerpt: ...me. The court does not rule upon the sufficiency of the supplemental responses served after the filing of this motion. The court awards monetary sanctions in favor of the moving defendants and against plaintiffs Joseph F. Drum, Jr., and William Moody, and their counsel, Collins Ford LLP, jointly and severally, in the amount of $1,000 to be paid to counsel for the moving defendants on or before April 11, 2019. In all other respects the motion is d...

Excerpt: ...onses to special interrogatories, set one, Nos. 1, 2, 4, 6, and 20, and to form interrogatories, set one, Nos. 2.5, 3.4, 3.6, 6.2, 6.3, 6.4, 6.6, 9.1, 9.2, 10.1, 10.3, 12.6, and 17.1. In all other respects, including the parties' requests for awards of sanctions, the motion is denied. (2) As set forth herein, the motion of defendant Brenner to compel further responses to request for admissions is granted in part and denied in part. The motion is ...

Excerpt: ...o state a cause of action. The demurrer is overruled as to the first cause of action. Cross-complainants shall file and serve their second amended cross-complaint on or before April 11, 2019. Background: As alleged in the first amended cross complaint (FACC): Cross-complainants Santy Kazali and Harry Kazali own and operate the Days Inn Santa Barbara, a hotel located at 116 Castillo Street in Santa Barbara (the Hotel). (FACC, ¶ 3.) In November 19...

Excerpt: ... City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondents Jeremy Lindaman, Dick Wolf, and The Bellosguardo Foundation to petitioner's first amended petition for writ of mandate is sustained without leave to amend. BACKGROUND: In this action, petitioner John De Herrera (“Herrera”), a local artist, seeks a writ of mandate commanding respondents Jeremy Lindaman (“Lindaman”), Dick ...

Excerpt: ...er; David R.E. Aladjem, Meghan M. Baker, Samuel Bivins, Downey Brand LLP For Defendants Ventura County Waterworks District No. 1, Ventura County Waterworks, District No. 19, and Ventura County: Michael J. Van Zandt, Nathan A. Metcalf, Sean G. Herman, Hanson Bridgett LLP (For other appearances see list) RULING: For the reasons set forth herein, plaintiffs' motion to be relieved of its service obligation under Code of Civil Procedure section 836 is...

Excerpt: ...nd plaintiff is ordered to pay to defendant the amount of $5,325. The motion for issue or evidence sanctions is denied, based upon the motion's failure to include the mandatory separate statement required by California Rules of Court, rule 1.345(a)(7) for such motions. The Court issues a further order compelling plaintiff to appear for the continued deposition and the IME, as outlined below, and cautions her that if she fails to appear for either...

Excerpt: ...e police station, he was detained in the vehicle where the police officers rolled up the windows and told him he would be punished if he asked for water and help. He was dehydrated and had another panic attack. The complaint alleges the following causes of action against the city of Santa Maria: (1) general negligence; and (2) intentional tort.[1] The City of Santa Maria (“City”) demurred to the complaint on the basis that plaintiff failed to...

Excerpt: ...be an exhaustive recitation of the background of this proceeding, and is set forth only to provide a basis for understanding the issues raised by the petition. To the extent that additional facts not contained herein prove relevant to the Court's analysis, they will be discussed in the Court's analysis of the issues.] This proceeding was filed after the California Coastal Commission, on de novo appeal from the County's grant of a Coastal Developm...

Excerpt: ...ately resulted in his arrest for resisting an officer, and he contends that Santa Barbara Sheriff's Department Deputy Colbin Spears (actually Derek Spears) used excessive force in effecting the arrest, causing him great pain and injury. The next day, he filed a FAC alleging 5 causes of action, including assault, battery, false arrest, imprisonment, negligence, intentional infliction of emotional distress, and violation of 42 U.S.C., § 1983. At a...

Excerpt: ...at 9:30 a.m., in this department, why each of these cases should not be re-transferred forthwith to the Small Claims Court. Background: Defendant Meister & Nunes, P.C. (Meister) is owned by Shelley Nunes. On November 9, 2018, it filed separate actions in Small Claims Court based upon separate debts owed to it for tax services performed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon it...

Excerpt: ...s scheduled for March 20 and trial for March 22. Motion: Wollman moves for summary judgment on the ground that Jezek has waived termination of the tenancy by accepting money orders for rent in the amount of $1,500 on February 12 or 13, 2019. Under the rental agreement, rent is due on the 12th of each month. The February 12 rent payment was for rent through March 11, which is beyond the date of termination of the tenancy. In an unlawful detainer a...

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: ...cito Street, Santa Barbara, California 93103. In 2015, defendants helped plaintiff avoid foreclosure on $440,000.00 loan from Fidelity Mortgage Corporation by purchasing the Fidelity note. Defendants purchased the note to allow plaintiff to remain in good financial standing while it secured more permanent financing elsewhere. Defendants allegedly promised not to foreclose on the property and to allow plaintiff to continue using its facility unint...

Excerpt: ... management of Williston Financial Group, LLC, a nationwide title and escrow company established in 2009. Three of the defendants are Williston Financial Group, LLC, Williston Holdings, LLC, the parent company and sole owner of Williston Financial, and Patrick F. Stone, the CEO of Williston Financial and Williston Holdings. The other defendants are GGC Opportunity Fund Management, L.P., GGC Opportunity Fund Management GP, Ltd., and GGC Co-Invest ...

Excerpt: ...ive, the Court prefers to address such issues on demurrer or other appropriate motion. This action arises from a motor vehicle accident. While plaintiff's original complaint alleges that the accident occurred on October 16, 2017, that allegation was clearly a typographical error, as the complaint itself was filed 3 days prior to that date, on October 13, 2017. The complaint alleges that defendant's conduct was in violation of laws related to spee...

Excerpt: ...ruling included a discussion of a procedural problem with the notice of motion filed on June 7, 2018. The court did not discuss the amended notice of motion filed on October 31, 2018, leaving the court's discussion of the notice issues incomplete. The hearing was continued to this date to address the amended notice. The discussion of these issues is set forth below. The motion is opposed by the Intervenors (representing Goss-Jewett's interest as ...

Excerpt: ... maintained, managed, and operated by defendants when he was burned by a high voltage cable explosion. On November 14, 2017, plaintiff filed an amendment to the complaint identifying defendant Daketta Los Carneros, LLC (Daketta) as defendant Doe 2. On December 13, 2017, plaintiff filed an amendment to the complaint identifying Los Carneros Opportunity, LP (Opportunity) as defendant Doe 6. After the demurrer by defendants Daketta and Opportunity w...

Excerpt: ...for Admissions Be Deemed Admitted ATTORNEYS: Luis Alberto Padilla, Plaintiff In Pro Per Christopher Wilson, Defendant In Pro Per Nicole E. Hornick for Defendants Envision Healthcare Corporation and AMR, Inc. RULING: The motion for summary judgment of defendants AMR and Envision Healthcare is granted. Judgment is ordered entered in favor of AMR and Envision Healthcare and against plaintiff, together with costs. Defendants' three other motions are ...

Excerpt: ...of mandate filed by Thomas Felkay, as trustee of the Emprise Trust. The Court will consider setting a trial date to address the two counts of inverse condemnation [Temporary Regulatory Taking; U.S. Const. amend. 5; Cal. Const., art. 1, § 19] and invites your recommendations as to what those dates should be. Background: Thomas Felkay, as trustee of the Emprise Trust (“Emprise”), filed his petition for writ of mandate and complaint for inverse...

Excerpt: ...hear from them twice. This case shares a common profile with many cases that are tried before the court in a unified manner on a regular basis. There are ways other than bifurcation to make sure that the presentation of damages issues in the case is properly controlled and fair to both sides of the case, in terms of duplicative or repetitive testimony and evidence- the court expects a reasonable and efficient presentation of the case. ...

Excerpt: ...er Beary Jeffrey P. Walsworth / Elizabeth L. Huynh of WFBM, LLP for defendants Fiore Management LLC a.k.a. Canndescent and Adrian Z. Sedlin James A. Anton for intervenor HCB Financial Corp. TENTATIVE RULING: The motion for reconsideration is denied. The Court finds that the new facts asserted by moving parties do not provide a basis for reconsideration of its prior ruling on the intervention issue. Background: Intervenor HCB Financial Corp. (HCB)...

Excerpt: ... appear for a neurological IME with Dr. Ludwig on or before April 25, 2019, is granted. Defendant is awarded monetary sanctions against plaintiffs and their attorneys, jointly and severally, in the sum of $3,800.00. BACKGROUND: This is an action for personal injuries stemming from an automobile versus two pedestrian accident. On January 23, 2017, at approximately 6:30 p.m., plaintiffs Michael Hines (“Michael”) and Marlene Hines (“Marlene”...

Excerpt: ...H ICON's counsel granted an extension for Ike's Place to answer until March 4. Ike's Place filed an answer on that date. (SH ICON says it was not filed then but court records reflect that it was.) On January 30, 2019, Ike's Place filed a verified complaint for breach of contract and fraud against SH ICON (Case No. 19CV00530). Ike's Place alleges that it exercised a termination option in its initial lease. Ike's Place further alleges that it agree...

Excerpt: ...plaintiff Roy E. Stephenson alleges that he was defrauded into purchasing a 2011 Porsche 911 Carrera S Cabriolet from defendant Desert European Motorcars, Ltd. (“DEM”), believing that it was new when it was not. The SAC alleges that DEM and defendant Porsche Cars North America, Inc. (“PCNA”) conspired to defraud plaintiff and that defendants filed fraudulent registration and title documents with the California Department of Motor Vehicles...

Excerpt: ...a further response to Request for Production of Documents No. 28 is granted. SCE is ordered to produce any and all documents and information furnished to the PUC relative to the Rey Fire. In all other respects, plaintiffs' motion to compel is denied. SCE shall produce the requested materials on or before March 15, 2019. BACKGROUND: Plaintiffs Daniel Bruckner and Janell Bruckner are the owners of the Ogilvy Ranch, a rustic ranch property with mult...

Excerpt: ...ent on that date at the appointed time because he was called away to another matter. The Court agreed to accommodate his request to continue the matter one week so he could make his argument. Motion: Plaintiff Rabobank N.A. prevailed on summary judgment. It now seeks attorneys' fees and costs pursuant to Civil Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page o...

Excerpt: ...ly fashion. Plaintiffs made a down payment of $9,604 and a progress payment of $12,000.00. Defendants answered on August 4, 2017. On February 21, 2018, Plaintiffs filed a Notice of Settlement of Entire Case. The case was not dismissed. On February 13, 2019, Plaintiffs filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure section 664.6, a declaration from Kenneth Rideout, and a proposed order. Defendants were se...

Excerpt: ...clerk was entered on September 17, 2009, for $3,254.05. On November 22, 2018, plaintiff applied for a renewal of judgment, and notice of renewal was sent to the debtor on February 1, 2019. On February 26, 2019, plaintiff creditor filed a notice of hearing on claim of exemption (for hearing on March 12, 2019), along with the opposition to the claim of exemption. The levying officer (the Santa Barbara County Sheriff) filed the claim of exemption pa...

Excerpt: ...orestry and Fire Protection's first amended complaint. Background: Plaintiff California Department of Forestry and Fire Protection (Cal Fire) filed its complaint against Presbyterian Camp and Conference Centers, Inc. (PCCC), and Charles Eugene Cook III, asserting one cause of action for fire costs recovery under H&S Code §§ 13009 and 13009.1. The Court sustained PCCC's demurrer to the complaint with leave to amend. On November 7, 2018, Cal Fire...

Excerpt: ...bility; 2) failure to accommodate under Government Code section 12940, subdivision (m); 3) failure to engage in interactive process in violation of Government Code section 12940, subdivision (n); and 4) retaliation in violation of Government Code section 12940, subdivision (h). Defendant has filed a motion for summary judgment/adjudication against all four causes of action. According to defendant, there is no evidence – and plaintiff cannot sho...

Excerpt: ...cLachlan (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: 1. The court grants, in part, defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for summary judgment or, in the alternative, summary adjudication. The court grants summar...

Excerpt: ...l Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page of the fee motion's points and authorities, the motion states that it seeks $14,362.50 in fees and $291.61 in legal expenses arising under the contract, and $1,115 as statutory costs of litigation as a prevailing party, for a total of $17,954.41. (p. 1, lines 3-4.) The Court notes that these figures actually a...

Excerpt: ...eave to amend.” If plaintiff elects to amend, the amended complaint must be filed by March 22, 2019. Background The complaint in this case was filed 5/15/18; the case has been continued three times because plaintiff was attempting to secure service; apparently that was accomplished, at least in part, albeit there is no Proof of Service on anyone filed. The Demurrer was filed on 1/22/19 by only two of the five defendants named in the complaint, ...

Excerpt: ...cuments, Set One, and Sanctions Attorneys: For Plaintiffs: Philip D. Dracht; Jeffrey L. Oakes (Beary & Oakes – New Orleans) For Defendants Fiore and Sedlin: Elizabeth L. Huynh (WFBM, LLP – Orange) Tentative Ruling: The court grants, in part, defendant/cross-complainant Fiore Management LLC aka Canndescent's motion for orders compelling verifications, privilege logs, and responses/further responses to requests for production of documents, set ...

Excerpt: ...roup of Santa Barbara, Inc.: Timothy J. Trager, Meghan K. Woodstone, Reicker, Pfau, Pyle & McRoy LLP TENTATIVE RULING: The motion of defendants Pueblo Radiology Medical Group, Inc., and Pueblo Radiology Medical Group of Santa Barbara, Inc., for summary judgment or alternatively for summary adjudication will be denied in its entirety. Background: In the operative pleading, plaintiff John J. Stef's second amended complaint (SAC), Stef alleges a sin...

Excerpt: ...al Release (“SA”) resolving their disputes in this action. On April 25, 2018, the parties jointly requested dismissal of the entire action, and the court entered dismissal of the action with prejudice. The request for dismissal and the SA provide that the court is to retain jurisdiction to enforce the terms of the SA pursuant to CCP § 664.6. The pertinent terms of the SA are: 1. The parties would execute an Amended and Restated Roadway Easem...

Excerpt: ...le as new when it had been extensively used as a dealer “demo” car and seeks damages against DEM and its employees based upon the misrepresentation. On January 11, 2019, after ruling on plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, granting the motion as to eight responses and denying the motion as to 22 responses, the court stated: “The Court has already ruled on a least five discovery motions and two ...

Excerpt: ...ice, and the issue of whether service was properly accomplished at that time is not currently before the court. Background: This action for injunction, civil penalties, and equitable relief, was filed by the People on December 17, 2018. The action arises from underground storage tanks on property owned by defendants, and alleges defendants' violation of statutes and regulations related to the handling and management of hazardous materials and haz...

Excerpt: ... in the 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...

Excerpt: ...ommissioner wishes to assert the fourth, fifth, and sixth affirmative defenses, it shall filed an amended answer on or before March 11, 2019. Otherwise, the answer will stand without those three affirmative defenses. Background: On March 5, 2018, plaintiff National Family Solutions LLC (NFS) filed its unverified complaint for negligence against defendant State of California Labor Commissioner (Commissioner). NFS alleged: NFS was involved in a hea...

Excerpt: ...n. BACKGROUND: Plaintiff Anita Youabian (“Youabian”) is an employee of National Family Solutions, Inc. (“NFS”), a national organization that provides low cost legal and professional services for family law matters, including divorce, child custody, guardianships, and conservatorships. NFS's local office is located at 114 E. Haley Street, Suite C, Santa Barbara, California 93101. Defendant Alan Padley (“Padley”) worked as a salesman fo...

Excerpt: ...iff Ryan Kaufman filed his original complaint in this action against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan). The complaint alleges that Kaufman was working on premises owned, maintained, managed, and operated by defendants, when he was burned by a high voltage cable explosion. (Complaint, ¶¶ Prem.L-2, GN-1.) On February 21, 2018, Kaufman filed an amendment to the complaint identifying d...

Excerpt: ...rein, the motion of plaintiff Tri-County Drywall & Interiors, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On September 14, 2016, plaintiff Tri-County Drywall & Interiors, Inc. (Tri-County) entered into a written subcontract (Contract) with defendant George C. Hopkins Construction Co., Inc. (Hopkins) to perform work in connection with a project known as “Mirasol” in Santa Barbara....

Excerpt: ...urt denies petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association's application for a preliminary injunction and dissolves the temporary restraining order issued on January 31, 2019. Background On January 29, 2019, petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association (DSA) filed a petition for traditional mandate and complaint for declaratory and injunctive relief. Respondents are the County of Santa Barbara and ...

Excerpt: ...o LLP for defendant Arlington Theatre Property, LLC RULING: The motion to compel arbitration, and to stay this action pending the completion of the arbitration proceedings, is granted. Background: This is an action to foreclose a mechanic's lien and for damages, filed by Advanced Drywall Solutions, Inc. (Advanced Drywall) on November 16, 2018. The complaint alleges that defendant Arlington Theatre Property, LLC (Arlington) is the owner of real pr...

Excerpt: ...al denial. On November 1, 2018, plaintiff filed a motion for summary judgment or, in the alternative, summary adjudication. Plaintiff contends that it has established all elements of the common count causes of action by undisputed evidence. Plaintiff served the motion on defendant on October 31, 2018. Defendant has not filed opposition. The court grants plaintiff's unopposed request to take judicial notice of Exhibit JN-1 (Title 15 U.S.C. § 1666...

Excerpt: ... Graham S.P. Hollis / Nicole R. Roysdon of GrahamHollis APC for plaintiff Roberto Ramirez and class. Michael Brett Burns of Hunton Andrews Kurth LLP for defendants Baker Hughes Oilfield Operations, Inc., and Baker Hughes Oilfield Operations LLC RULING: The motion for stay is granted, and the Hockison portion of the coordinated action will be stayed for approximately four months, in order to allow the United States Supreme Court an opportunity to ...

Excerpt: ... Truman 2016 SC6 Title Trust: Jana Logan, Kirby & McGuinn RULINGS: (1) For the reasons set forth herein, the motion of defendant U.S. Bank to expunge lis pendens is granted and the lis pendens recorded in connection with this action is ordered expunged. The Court awards statutory attorney fees in favor of defendant U.S. Bank and against plaintiff Denise A. Diller in the amount of $1,770.00 in connection with this motion, to be paid to counsel for...

Excerpt: ... Respondent Carrillo Builders, Inc.: Xavier Centina TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on March 20, 2...

Excerpt: ... Brian J. Panish, Candice Klein, Sarah Kim, Panish Shea & Boyle LLP; Renee J. Nordstrand, Matthew M. Morrison, NordstrandBlack PC For Defendant Southern California Edison: Jason M. Booth, Paul D. Rasmussen, Benjamin L. Caplan, Booth LLP; Leon Bass, Jr., Laura A. Meyerson TENTATIVE RULING: The motion of defendant Southern California Edison Company to compel further responses by plaintiff Richard Anthony Easbey to defendant's request for production...

Excerpt: ...k TENTATIVE RULING: The motion of defendants to compel arbitration and stay all proceedings in this court is granted. BACKGROUND: Plaintiff Iaian Filippini (“Filippini”) is an investment advisor and a principal of plaintiff Filippini Wealth Management, Inc. (“FWM”). In 2008, defendants David B. Avrick and Jean L. Avrick initiated arbitration against Filippini and others arising out of certain investments defendants had made. In 2009, the ...

Excerpt: ...nd: The petition for writ of mandate filed by petitioner John Doe (John) on October 27, 2016, arose from the eight quarter (2 year) suspension imposed upon him by the Regents of the University of California (Regents), after a two- member Committee conducted a hearing to determine if John, then an undergraduate senior at the University of California at Santa Barbara (UCSB) had on June 26, 2015, sexually assaulted Jane Roe (Jane), also a UCSB under...

Excerpt: ...e order. If the conditions set forth herein are not acceptable to the parties, then the third amended petition is denied without prejudice. 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....

Excerpt: ... complying with the Code of Civil Procedure on or before March 11, 2019. All requests for an award of monetary sanctions are denied. The motions are in all other respects denied as moot. 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 (Civ. Code...

Excerpt: ...ion of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Construction, LLC (Lyles). Plaintiff alleges: On October 22, 2017, at approximately 12:46 p.m., Whelan was riding her bicycle eastbound on Carpinteria Avenue, in the Class II bicycle lane, just east of Reynolds Avenue in Carpinteria. [Complaint ¶12] At that time and place...

Excerpt: ...a Barbara, California 93108. The property lacks an improved access road and Sublett contends that the parcel enjoys a prescriptive easement by necessity across an adjacent parcel owned by defendant Guy Berkeley Breathed (“Breathed”) located at 810 Toro Canyon Road. In 2013, the parties settled a lawsuit that had been filed by Breathed (Santa Barbara Superior Court Case No. 1417859, contesting Sublett's claim to a prescriptive easement over hi...

Excerpt: ...nded complaint and to the third amended complaint as a whole. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. The operative complaint in this action is the third amended complaint (TAC). The court previously sustained with leave to amend defendants' demurrer to the second amended complaint (...

Excerpt: ... attachment complied with Civil Code section 1950.5. In all other respects, the motion to decertify is denied. Background: On July 8, 2015, plaintiff Harry Tran filed his first amended complaint (FAC), the operative complaint, which asserts five causes of action against defendant St. George & Associates (St. George): (1) declaratory and injunctive relief; (2) violation of Civil Code section 1950.5; (3) violation of Business and Professions Code s...

Excerpt: ... 6530 Seville Road, Goleta, California 93117, to defendant Ike's Place #9, LLC for operation of a retail sandwich shop. The initial lease term was for ten years with a base rent of $5,614.50 per month, plus operating expenses. In July 2018, the lease agreement was amended, effective January 1, 2018, to provide for a gross rent of $5,600.00 per month. Plaintiff contends that defendant breached the lease agreement and on December 13, 2018, defendan...

Excerpt: ...ore for unlawful detainer. The complaint alleges that Moore was hired by Davis to be Davis's personal assistant which employment included as part of its compensation occupation of a portion Davis's home located at 852 Chelham Way, Santa Barbara (the Premises). (Complaint, attachment 6a.) The contract of employment was ended by Davis on July 1, 2018. (Ibid.) Thereafter, Davis requested that Moore move out of the Premises, but Moore refused. (Ibid....

Excerpt: ...ormed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon its failure to pay $300 for tax services performed for the 2015 tax year; (2) 18CV05548, against Filippini Wealth Management, Inc., based upon its failure to pay $1,300 for payroll and tax services performed related to the 2015 and 2017 tax years; (3) 18CV05551, against Iaian Filippini, based upon his failure to pay $200 for tax ser...

Excerpt: ...leta, California 93117 to defendant Deborah Lloyd for $3,000.00 per month. Defendant subsequently defaulted in the payment of rent and on January 10, 2019, she was served with a 3-day notice to pay rent or quit. As of the date of the notice, the amount of rent due and owing was $21,000.00. Defendant failed to cure the default and on January 16, 2019, plaintiff filed his verified complaint for unlawful detainer. Defendant did not deny any of the a...

Excerpt: ...d. BACKGROUND: This is an insurance coverage dispute involving three insurance companies, plaintiff Western World Insurance Company (“Western”) and defendants Associated Industries Insurance Company, Inc. (“Associated”) and Federal Insurance Company (“Federal”). The complaint arises from an underlying wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et al., Santa Barbara Superior Court Case No. 15...

Excerpt: ... vehicle driven by defendant Kimberly Mast, and owned by Derek Mast, Kimberly Mast's husband. Henry sustained serious injuries to his right foot and ankle in the incident, including third- degree burns. His injuries were evaluated and treated at Goleta Valley Cottage Hospital on that day. Henry later underwent skin grafting to his right foot and ankle, performed on September 29, 2014, at Children's Hospital Los Angeles. While Henry's injuries hav...

Excerpt: ...eputy City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondent Santa Barbara County Board of Supervisors is sustained without leave to amend. BACKGROUND: Petitioner John De Herrera (“Herrera”) is an artist who lives and works in Santa Barbara. In 2014, respondent The Bellosguardo Foundation (“Foundation”), a 501(c)(3) non-profit corporation, was established and given title to th...

Excerpt: ...t Carolina N. Pizarro: Ronald K. Giller, Hennelly & Grossfeld LLP RULING: For the reasons set forth herein, the motion of plaintiffs Thomas D. Pickett and Catherine M. Pickett, trustees of The Pickett Family 2000 Living Trust, dated December 14, 2000, Niklas Eriksson and Adrienne Eriksson for summary judgment or alternatively for summary adjudication is DENIED. Background: This action involves a dispute over the scope of rights to easements acros...

Excerpt: ...ompel arbitration and stay proceedings. This case is on the Case Management Calendar and the Civil Law and Motion Calendar re: A motion to compel arbitration. The Court will call both matters at the 9:30 am calendar call. If the tentative is not changed, the Court will set a date for the answer to be filed [2/20/19] and a date for a CMC [3/19/19]. Petitioner Santa Barbara Nissan, LLC (SBN), petitions the Court to compel respondent Justin Damarin ...

Excerpt: ...netary Sanctions Motion for Leave to File Second Amended Complaint and Motion for Extension of Time to File a Motion to Compel Further Response to Interrogatories and Request for Production of Documents Attorneys: Plaintiffs: Self-represented For Defendants: Mark T. Coffin (Law Offices of Mark T. Coffin); Lori L Dunivan (Thomas/Lucas – San Diego) Tentative Ruling: 1. The court strikes plaintiffs' Motion for Protective Order Limiting and/or Rest...

Excerpt: ...fornia Department of Transportation, et al., Case No. 18CV00937 (Judge Sterne) HEARING DATE: January 14, 2019 MATTER: Motions (8) to Quash Deposition Subpoenas for Production of Business Records ATTORNEYS: Anthony E. Vieira for Plaintiffs Daniel Laurin O'Keefe and Kelly Anne O'Keefe Brock Christensen for Defendant National Railroad Passenger Corporation dba Amtrak TENTATIVE RULING: The tentative ruling on plaintiffs' eight motions to quash deposi...

Excerpt: ...ted: 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: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing of this motion to discuss scheduling issues for notice and the hearing on final approval. Background: On March 16, 20...