Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint 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 February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...

Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...

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 ...

Excerpt: ...the pre-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 jud...

Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...

Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...

Excerpt: ... Spackman & Clark, LLP TENTATIVE RULING: For all reasons stated herein, the court grants defendant Cottage Health, Inc.'s motion and orders plaintiff's complaint as to Cottage Health, Inc., dismissed. Background: Plaintiff Jonathan VanLoan's (VanLoan) complaint filed on June 22, 2022, alleges causes of action for negligence, medical negligence, assault, attempted murder (medical battery), intentional infliction of emotional distress, and false im...

Excerpt: ...ociation: Norman S. Wisnicki For Defendant Mary Berry.: Eric A. Woosley, Alexander Lambrous, Paul A. Elkort TENTATIVE RULING: The motion of defendant Mary Berry for good faith settlement determination is denied without prejudice. Background: On April 6, 2017, plaintiff Franciscan Oaks Condominium Association, Inc. (FOC) filed its complaint against defendant Mary Berry asserting causes of action for breach of convenants and nuisance (case number 1...

Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...

Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...

Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...

Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...

Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...

Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...

Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...

Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...