Excerpt: ...led as to the first, second, third, fourth, and sixth causes of action. The Demurrer to the fifth cause of action is sustained with leave to amend. Plaintiff Soul Bites Restaurants, Inc. shall file and serve its first amended complaint no later than March 15, 2023. Background On November 28, 2022, Plaintiff Soul Bites Restaurants, Inc. (“SBR”) filed its complaint in this action asserting six causes of action against Defendants Ajao Entertainm...

Excerpt: ... Plaintiff's adult daughter, Jacqueline Westerfeld, estimated they had been to the ranch approximately sixteen (16) times. Plaintiff and her family would go horseback riding every time they visited Defendant's property. Plaintiff was accompanied on the trail ride on the day of the incident by her children, Jacqueline Westerfeld, Robert (“Bobby”) Westerfeld, and her husband, Bryan Westerfeld. Plaintiff was riding a horse named “Major” at t...

Excerpt: ...ries from defendant Linda Hong Sun Stein is granted to compel further responses to form interrogatory No. 17.1 as to request for admission No. 34, and to special interrogatories Nos. 52, 53, 54, 55, and 56. Also, with reference to the discussion herein, to the extent that Linda Hong Sun Stein's response to special interrogatory No. 11 is not now complete and accurate, a further response will also be required to that interrogatory. The motion is i...

Excerpt: ... Covenants, Conditions, and Restrictions; (3) Public Nuisance; and Declaratory Relief on M. Barry Semler (Semler) and Sycamore Creek Estates, LLC (Sycamore) (collectively, “defendants”). The complaint relates to the use of real property owned by defendants on land known as Primavera Estates in Santa Barbara. Plaintiffs allege that defendants' building of a wedding facility or event venue on property that is the subject of this action constitu...

Excerpt: ...aren (McLaren). As alleged in plaintiff's complaint filed on February 3, 2022, plaintiff rented premises located at 4591 Cathedral Oaks Road in Santa Barbara, California (the premises) to McLaren pursuant to a written lease agreement dated August 3, 2012. McLaren agreed to pay monthly rent for the premises in the amount of $450 per month, which was later increased to $525 per month. On December 19, 2021, plaintiff personally handed a copy of a 3-...

Excerpt: ..., 2018, a vehicle operated by Lianna Jane Vaughn (Vaughn) was driving directly behind plaintiff, and defendant Katelyn Elizabeth Orr (Katelyn) was driving directly behind Vaughn's vehicle. (Note: Due to common surnames and to avoid confusion, the court may refer to defendants by their first names. No disrespect is intended.) Katelyn's vehicle collided with Vaughn's vehicle which, in turn, collided into the rear end of plaintiff's vehicle. Plainti...

Excerpt: ... (Jordan). (Note: Due to common surnames and to avoid confusion, the court will refer to defendants, individually, by their first names. No disrespect is intended.) Plaintiff alleges that on June 27, 2021, plaintiff was driving his 2001 Vespa scooter at Las Positas Road and Cliff Drive in Santa Barbara, California, when Louis and Jordan's vehicle struck the scooter causing injuries and damages to plaintiff. On October 26, 2021, Louis and Jordan f...

Excerpt: ...ca Newbatt (B Newbatt), Mitchell C. Lipkin (Lipkin), Michael J. Bellas (Bellas), Jimmie Garrett Baker, Jr. (Baker Jr.), and WesTele Utility Solutions, LLC (WesTele), asserting eight causes of action for: (1) breach of contract (against Lipkin, Bellas, and Baker Jr. only); (2) breach of the implied covenant of good faith and fair dealing (against Lipkin, Bellas, and Baker Jr. only); (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq....

Excerpt: ...t filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before March 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance with this ruling. (3) For all reasons discussed herein, defendants' motion...

Excerpt: ...lly and as the conservator for Ellen P. Shurtleff (Ellen), and Ellen, as a conserved individual, alleges seven causes of action as follows: (1) breach of written contract (against defendants Sanctuary Centers of Santa Barbara, Inc. (Sanctuary), and AVA Billing & Consulting, LLC (AVA)); (2) conversion (against Sanctuary) (3) fraud (against Sanctuary, AVA, and defendants Lisa B. Moschini (Moschini), Barry R. Schoer (Schoer), and Ashton V. Abernathy...

Excerpt: ...3-15, and 17-26, and to do so on or before March 3, 2023. If Hashimoto, upon being provided with actual notice of this order (either by presence at the CMC in Case No. 18CV05728, being held concurrently with this motion, or by being provided with notice in the manner specified below), fails to comply with it, the Court will entertain a further motion for terminating or enhanced sanctions by Regents. Background: On March 26, 2021, plaintiff Ryan H...

Excerpt: ...at a violation of its electricity tax ordinance by defendant Southern California Edison Company for failure to collect tax as required by law. Further proceedings are required to resolve the issue of penalties and interest as to the City of Culver City. (3) Counsel are ordered to appear at the hearing of this matter and to be prepared to discuss scheduling and all other aspects of further proceedings in this matter. Background: (1) Allegations of...

Excerpt: ...filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding judge shall...

Excerpt: ...ed. For all reasons discussed herein, defendant's motion for summary adjudication of the second, third, fifth, sixth, seventh, and eighth causes of action, and fourth cause of action for failure to prevent harassment and retaliation, alleged in plaintiff's second amended complaint, is denied. The court therefore also denies defendant's motion for summary judgment. (2) For all reasons discuss herein, defendant's motion to file exhibits under seal ...

Excerpt: ...er by plaintiff. The complaint was filed on October 12, 2021, and alleged causes of action for common counts (open book account, account stated, money lent by plaintiff to defendant at defendant's request, and money paid, laid out, and expended to or for defendant at defendant's special instance and request) against defendant. The complaint alleges that the amount due to plaintiff and unpaid by defendant totals $8,054.97. Defendant answered the c...

Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...

Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...

Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...

Excerpt: ...t. Subsequently, Gonzalez dismissed Blount as a defendant and substituted in Adolph Costello. Plaintiff asserts causes of action for negligence and premises liability. As alleged in the complaint, on February 13, 2021, Gonzalez was lawfully on the Costco premises and, while using the premises in a reasonably foreseeable manner, she was seriously injured when she slipped and/or fell due to spillage on the floor that created an unreasonable risk of...

Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...

Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...

Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...

Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...

Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...