Excerpt: ...t Living Vehicle, Inc. (“LV”), is the dealer that sold the subject vehicle to plaintiff Nha L. Baze, and the manufacturer that manufactured and distributed it for sale. Baze filed her complaint on September 13, 2019, asserting causes of action for 1) violation of the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.); 2) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1770 et seq.); 3) decei...

Excerpt: ... forth herein. BACKGROUND: Plaintiff Sheila Gianelli filed this legal malpractice action against defendants Mark Schwartz and Eric Woosley following their representation of her in an employment discrimination case against The Home Depot. The trial court in that action granted The Home Depot's motion for summary judgment and the judgment of dismissal was affirmed on appeal. On May 5, 2017, plaintiff filed her complaint against defendants for legal...

Excerpt: ...f contract and common counts, seeking damages of $133,503.53 against defendants, plus interest. Attorneys' fees are sought for the common counts cause of action, but not within the breach of written contract cause of action. Plaintiff seeks interest in both causes of action. The complaint alleges that on June 20, 2018, plaintiff and defendants entered into an agreement, a promissory note payable in full on December 15, 2018. The promissory note (...

Excerpt: ...f the City Attorney RULING: For the reasons set forth herein, the motion of defendant City of Santa Barbara for summary judgment, or alternatively for summary adjudication, is granted in part and denied in part. The motion is granted to summarily adjudicate plaintiff Santa Barbara Inland & Coastal Property Rights Association's seventh cause of action in favor of defendant City. The motion is in all other respects denied. Background In this action...

Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...

Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...

Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...

Excerpt: ... 7, 2019, alleging causes of action for promissory fraud, bad faith retention of security deposit, conversion, and common counts. The complaint alleges that Windrich and defendants entered into a written term lease or rental agreement for premises located at 821 Cliff Drive, No. 101, in Santa Barbara, under which Windrich agreed to pay monthly rent of $800.00, commencing June 15, 2015. Windrich deposited with defendants $1,600 as security for his...

Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...

Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...

Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...

Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...

Excerpt: ...port cardiovascular surgeons by managing the heart-lung machine during open heart surgery. On October 7, 2015, non-party Santa Barbara Cottage Hospital (“Cottage”) executed an agreement with Allied for cardiovascular perfusion services. The agreement provided that Allied would furnish perfusion personnel and perform perfusion services for Cottage for a period of five years as an independent contractor. The fees for such services were set fort...

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

Excerpt: ..., and Century Indemnity Company for an order staying all proceedings in this action to allow the related federal case to conclude. Background: This action arises out of environmental contamination of real property located at 220 W. Gutierrez Street, Santa Barbara, California. The contaminant is perchlorethylene, a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. P...

Excerpt: ...KGROUND: In this malpractice action, plaintiff Sheila Gianelli has sued her former attorneys, defendants Mark Schwartz (“Schwartz”), a Pennsylvania attorney, and Eric Woosley (“Woosley”), a Santa Barbara attorney, in connection with their representation of plaintiff in an underlying employment discrimination case against plaintiff's former employer, the Home Depot. The trial court in the underlying action granted Home Depot's motion for s...

Excerpt: ...hter as a result of the incident. Plaintiffs filed suit not only against Forgione, but also against Foley Estates Vineyard and Winery, LLC and Foley Food and Wine Society, contending that Forgione, a celebrity chef, was employed by the Foley entities, and acting in the course and scope of that employment, at the time of the accident. Plaintiffs served discovery upon both Forgione and the Foley entities in order to obtain evidence in support of th...

Excerpt: ...Garvin, et al. – Pasadena) Ruling: The Court approves the class action settlement that plaintiff Leonard Ignacio and defendant Certified Freight Logistics, Inc. have reached. The Court approves an award of attorney fees to the firm of Mathew & George in the amount of $175,000; a claims administration fee award of $23,500 to ILYM Group, Inc.; and the Labor and Workforce Development Agency (LWDA) payment of $5,000. The Court will take up the amou...

Excerpt: ...Sharon Kennedy to the complaint of plaintiff Pickford Real Estate, Inc., is overruled. Defendant shall file and serve her answer to the complaint on or before December 4, 2019. Background John Alexander was the previous trustee of the Alexander Trust dated May 4, 2007 (Trust). (Complaint, ¶ 2.) Alexander died on May 11, 2018. (Complaint, ¶ 12.) (Note: Insofar as the date of Alexander's death is alleged in the complaint as the same date appearin...

Excerpt: ...tion to Confirm Arbitration Award. Since the proposed judgment is an exhibit to a pleading, petitioner shall submit a separate judgment for entry. Background Petitioner Hope Village Maintenance Corporation and respondents John Pearley Huffman and Dana Huffman arbitrated disputes regarding compliance with Covenants, Conditions & Restrictions (“CC&Rs”) applicable to respondents' residence in a common interest development. On July 25, 2019, the ...

Excerpt: ...e to amend as to this issue only, should plaintiff choose to do so, on or before November 15, 2019. The motion to strike is denied in all other respects. (c) In large part, the Court has deemed its August 9 order regarding the identical discovery devices and motions to be applicable to defendant Sierra Property Group's four motions to compel further responses to form interrogatories, special interrogatories, demands for production, and requests f...

Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...

Excerpt: ...Kellogg Square, LLC (“Kellogg”) is the owner of commercial real property located at 5555, 5575, 5585, and 5599 Hollister Avenue, Goleta, California. Plaintiff Bottiani Properties, LLC (“Bottiani”) is the owner of commercial real property located at 5551 and 5553 Hollister Avenue in Goleta. Plaintiff Waters Land Surveying, Inc. (“Waters”) is part owner of the commercial real property located at 5553 Hollister Avenue in Goleta. Defendan...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...

Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...

Excerpt: ...ibution center in Lathrop, California from December 15, 2008, until she was fired on November 23, 2010. Home Depot maintains that plaintiff was fired for poor performance, but plaintiff claims that she was subject to a hostile work environment and terminated when she complained about discriminatory conduct by management and other workers. On January 31, 2011, plaintiff hired defendant Mark Schwartz (“Schwartz”), a Pennsylvania attorney, to re...

Excerpt: ...tion. Background: This action involves an Irrevocable Offer to Dedicate Easement (Coastal Access)” (hereinafter “OTD”) dated June 27, 1990. Pursuant to the OTD, Frank Serena Construction and Development, Inc. (“Serena”), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (“Casa Blanca”) offered to dedicate to defendant County of Santa Barbara (“County”) a lateral access easement five feet in wi...

Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...

Excerpt: ...a, Law Offices of Berglund & Johnson For Defendant National Railroad Passenger Corporation (Amtrak): Michael E. Murphy, Brock Christensen, Sims Law Firm, LLP TENTATIVE RULING: The motion of defendant Amtrak to compel discovery is granted in part and denied in part. The motion is granted to require a further verified written response, without objection and in a form complying with the Code of Civil Procedure, to request No. 56 of defendant Amtrak'...

Excerpt: ...nd Patricia Dark, and specially appearing for Joseph Lockhart: Michael C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendant Joseph J. Lockhart to quash the “Doe 1” amendment to the first amended complaint is granted and the amendment filed September 18, 2019, is ordered stricken. Background: On September 4, 2015, plaintiff Stacy McCrory filed her action against defend...

Excerpt: ... there are triable issues of fact as to whether defendant complied with the standard of care and/or whether defendant's conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND: This is an action for alleged medical negligence. On August 17, 2017, plaintiff Norma Vences underwent a surgical procedure known as a bilateral tubal ligation at the Surgical Arts Center in Santa Barbara, California. The procedure was performed by de...

Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...

Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...

Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...

Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...

Excerpt: ..., California. The contaminant is perchlorethylene (“PCE”), a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. Plaintiff 220 W. Gutierrez, LLC, is the current owner of the property, having taken title to the property in 2016 pursuant to a Prospective Purchaser Agreement (“PPA”) with the California Department of Toxic Substance Control (“DTSC”). Plaintif...

Excerpt: ...for breach of sublease agreements, under which defendants subleased hangars at the Santa Barbara Airport. Plaintiff leased the hangars from the City of Santa Barbara under a master lease. MSC is scheduled for February 14, a pre-trial conference for March 11, and trial for March 16, 2020. Motion for Summary Judgment: Defendant FedEx moves for summary judgment on the ground that 1998 Ampersand Aviation, LLC, is not a party to the sublease and the c...

Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...

Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...

Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...

Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...

Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...

Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...

Excerpt: ...nd Nora Betz, co-trustees of the Lieber Family Revocable Trust. In their first amended complaint, plaintiffs allege: Plaintiffs and defendants are tenants in common of real property at 1367 Danielson Road in Santa Barbara. [FAC ¶4] On September 19, 2014, they entered into a written Co-Ownership Agreement (“COA”) setting forth their respective rights and duties. [FAC ¶5, Exhibit A] (Exhibit A is attached to the original complaint but not the...

Excerpt: ...39,876.84 to defendant Daniel Robert Sarena dba ECO Cast to purchase a 2008 International 4200 Diesel Flatbed Truck. The truck served as collateral for the loan. On February 1, 2019, defendant failed to make the payment then due on the loan. Currently, there is due and owing from defendant to plaintiff the principal sum of $9,969.21, plus interest. Pursuant to the terms of the loan and security agreement, plaintiff is entitled to immediate posses...

Excerpt: ...pportunity to attempt to correct these pleading defects, the Court will grant her leave to file an amended pleading. Any such amended pleading must be filed on or before November 6, 2019. Background: Plaintiff's operative Second Amended Complaint (SAC) alleges causes of action against defendant Inn of the Spanish Gardens, LLC, erroneously sued as Spanish Garden Inn (Inn), for negligence and intentional infliction of emotional distress. Those caus...

Excerpt: ...otion for a protective order and for establishment of deposition procedures and the court orders as follows: At all depositions in this case, only the deponent, the parties, the parties' counsel of record, and the court reporter and/or videographer shall be present. In no event may Eric Alan Cover be present at any deposition other than his own. For any deposition taken by telephone or other remote electronic means, all parties and their counsel ...

Excerpt: ...ecords is not subject to judicial notice. (Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun v. Superior Court, 218 Cal.App.4th 577, 597, 160 Cal.Rptr.3d 285, 41 Media L. Rep. (BNA) 2492 (1st Dist. 2013).). Unfortunately the classic statement of this rule contains one significant exception: judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of...

Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...

Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...

Excerpt: ... exiting Brick Barn's commercial establishment when “suddenly and without warning [he] fell down the exterior stairs to the parking lot,” causing serious injuries. Plaintiff contends Brick Barn, as owner, failed to maintain the premises in reasonably safe condition, failed to provide adequate lighting, otherwise failed to construct/maintain the exterior stairs in line with existing safety standards, and failed to warn of the danger the stairs...

Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...

Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...

Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...

Excerpt: ...g Hollister Avenue, related to the Ekwill-Fowler Project. It seeks prejudgment possession of the portions of the property, including fee, permanent flood control easement, temporary vegetation mitigation and monitoring easement, and temporary construction easement interests. The Newland defendants are the record owners of the real property, Parcel 071-090-036; defendant Verizon is the owner of an easement interest on the property. The City had ad...

Excerpt: ...re the owner and manager of Nomad Village Mobile Home Park, a 150-space mobile home park located at 4326 Calle Real, Santa Barbara, California 93110. Defendants Arthur A. Allen, et al. (there are approximately 145 named defendants) are all homeowners who reside in the mobile home park. On December 18, 2017, plaintiffs filed their initial complaint in the action. Plaintiffs filed their first amended complaint on July 23, 2018, and their second ame...

Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...

Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...

Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...

Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...

Excerpt: ... have been waived, and will grant the motion directing compliance with business records subpoena. Background: Plaintiff George Merino (“Merino”) is the adult son of Barbara Sonia Adams (“Adams”) and the Successor Trustee to the Barbara S. Adams 2014 Revocable Trust. Adams passed away on September 19, 2014, at the age of 71. Plaintiff Lawrence T. Sorensen (“Sorensen”) is the Administrator of the Estate of Barbara S. Adams. Defendant Jo...

Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...

Excerpt: ... and shortness of breath, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Surgical Associates, Dign...

Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...

Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...

Excerpt: ...mination will be denied. Counsel for the parties are required to appear in person or by telephone at the hearing of this motion. Background: On August 23, 2018, plaintiff Destiny Hitchcock filed her complaint in this action asserting causes of action arising out of claims that Hitchcock suffered carbon monoxide poisoning from a defective heater while a tenant at real property owned by defendant Sandra Castellino, individually and in her capacity ...

Excerpt: ...ation against defendant Shalini Ananda. Plaintiff alleges: Plaintiff and defendant work in the field of health technology in different areas of specialization. They never worked for the same company and are not connected professionally or personally. They met on July 18, 2013, at Rock Health, a company that supports start-ups in health technology. [FAC ¶6] After some social media contacts, plaintiff blocked defendant. [FAC ¶¶7-9] Defendant sen...

Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...

Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...

Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...

Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...

Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...

Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...

Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...

Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...

Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...

Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...

Excerpt: ...nant West Coast Private Investments, LLC Frederic T. Tanner / Steven A. Garcia of Nelson Griffin LLP for cross- defendant Laurence J. Bloom TENTATIVE RULING: The demurrer is ordered off calendar, based upon cross-defendant's failure to comply with the mandatory pre-demurrer requirements set forth in Code of Civil Procedure section 430.41. Cross-defendant is ordered to answer the cross- complaint no later than February 8, 2019. Background: This is...

Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: 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 M...

Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...

Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...

Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...

Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...

Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...

Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...

Excerpt: ...urt's review of the motion work, coupled with the new schedule for motions and the site visit confirmed at the July 27, 2018 chambers conference (as reflected in the minute order), the court continues both summary adjudication motions to November 6, 2018, with the court trial date now scheduled for January 7, 2019. The reasons for this course of action are multifaceted. Initially, the court observes that the summary adjudication motions were file...

Excerpt: ...nifer M. Miller (Nye, Peabody, et al.) For Defendants Schulman and Triathlon Club: Steven B. SToltman, eta l. (Stoltman, Levitt, et al. – Thousand Oaks) Tentative Ruling: The court grants defendant Regents of the University of California's Motion for an Order Authorizing the Production of Student Identifying Information Subject to Protective Order. The court orders that Regents of the University of California shall disclose the identity of the ...

Excerpt: ... issues set forth herein together with this order and notice of continuance of the hearing on the order to show cause. Judgment debtor shall file and serve any opposition or response papers on or before August 24, 2018. Background: On May 2, 2005, plaintiff and judgment creditor Douglas J. Crawford obtained a judgment by default against defendant and judgment debtor Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgm...

Excerpt: ...t against defendant Unico American Corporation for aiding and abetting tortious conduct and denies the motion in all other respects. 2. The court denies defendants Crusader Insurance Company and Unico American Corporation's motion for sanctions. Background and Second Amended Complaint (“SAC”): This action arises from a fire which occurred on July 7, 2011, at plaintiff David Gerrity's property. At the time, plaintiff's property was covered by ...

Excerpt: ...t awards attorney fees and costs in favor of plaintiff Jacqueline Misho and against attorney David Friedman and Friedman & Friedman in the amount of $511.00, to be paid to counsel for plaintiff on or before August 24, 2018. Background: On April 6, 2018, plaintiff Jacqueline Misho dba Misho Law Group (Misho) filed her complaint in this action against defendants Catherine Ann (“Cat”) Cora (Cora) and Cat Cora, Inc. (CCI). Proof of service on bot...

Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...

Excerpt: ...nd presently owes $6,001.45, plus costs and fees. A 13-page customer agreement is attached to the complaint. On February 22, 2018, defendant filed an answer on standard Judicial Council forms. She did not provide a general denial or any affirmative defenses. Instead, under the item 3(b), she checked the following box: “Defendant admits that all of the statements of the complaint . . . are true EXCEPT:” She identifies nothing false in plaintif...

Excerpt: ...fter February 27, 2015, owing $1,433.60. Arganda was served with the summons and complaint on April 20, 2017, by substituted service. Before an answer was filed, plaintiff filed a “Notice of Settlement of Entire Case” on July 13, 2017. The complaint has not been voluntary withdrawn or dismissed (and thus remains operative). On June 27, 2018, plaintiff filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure se...

Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...

Excerpt: ...otion of Defendants Westen Family Group LLC and Derek Westen for Leave to File First Amended Answer Attorneys: For Plaintiffs Nicole Nagel and ESY Investments, LLC: Paul J. Laurin, Matthew B. O'Hanlon, Jonathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Roge...

Excerpt: ...ret and other confidential commercial information only. Counsel shall comply with CRC 3.1312 in serving and submitting the proposed order. 2. The court grants, in part, plaintiff Maribel Barrios's motion to compel further verified responses from defendant Gerber Funes Solorzano to Form Interrogatories, Set One, and orders that defendant Gerber Funes Solorzano shall, on or before August 13, 2018, provide further responses to Form Interrogatories 2...

Excerpt: ... BACKGROUND: In this action, plaintiff Buynak, Fauver, Archbald & Spray, LLP (“BFAS”) seeks to recover legal fees allegedly owed by defendants Richard Laver and Michelle Laver (“Lavers”) and their company, defendant Kate Farms, Inc. (“Kate Farms”), for legal services provided in connection with various business matters. The operative complaint is plaintiff's Second Amended Complaint (“SAC”), filed on November 30, 2017. After a suc...

Excerpt: ...ublic, and all others similarly situated, a complaint for violation of California consumer protection statutes (Civil Code §§ 1749.5 and 1750; B&P Code ¶ 17200) and for declaratory relief against defendant Aveda Experience Centers, Inc. (“Aveda”). Plaintiff alleges: She had a gift card issued by Aveda. After using the card, the balance was less than $10.00. Aveda denied plaintiff the cash balance in violation of Civil Code § 1749.5(b)(2)....

Excerpt: ... ¶ 8.) RPP accepted credit and debit cards from customers who made and make purchases at its restaurants. (Complaint, ¶ 9.) On September 30, 2017, plaintiff Douglas May used a credit card to make purchases at a RPP pizza restaurant. (Complaint, ¶ 10.) The expiration date of May's credit card was printed on the receipts generated and provided to May by RPP at the point of sale. (Complaint, ¶ 10.) RPP has printed the expiration dates of credit ...