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: ...red into a written commercial lease agreement with defendants Sophan Thai and Roy Walker for premises located at 1013 State Street, Santa Barbara, California 93101. The intended use of the premises was as a beauty salon. The tenancy was for five years and the agreed upon rent was $7,400.00 per month, payable on the first of the month. Defendants frequently failed to pay the rent on time, or at all, and on March 14, 2018, plaintiff personally serv...

Excerpt: ...red and Revised as of 2/5/18 and orders petitioner John Doe reinstated at the University of California, Santa Barbara, effective Fall Quarter of the 2018-2019 academic year. Respondent shall facilitate Doe's enrollment and scheduling of classes. Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accus...

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 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: ...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: ...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: ...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: ...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: ...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: ...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: ... ¶ 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 ...

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: ...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: ...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, alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) money had and received, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) conversion, and (7) declaratory relief. Plaintiff Anthony Frank (Frank) alleges that on October 14, 2010, he and defendant Edward St. George (St. George) entered into three written agreements relating to property at 3201 Braemar Drive,...

Excerpt: ...aintiffs shall file and serve their second amended complaint on or before August 31, 2018. (See Code Civ. Proc., § 438, subd. (h)(2) [30 days leave to amend].) Background: As alleged in the first amended complaint (FAC): Plaintiff George Merino is the successor trustee of the Barbara S. Adams 2014 Revocable Trust (Trust) and sole residuary beneficiary of the Estate of Barbara S. Adams. (FAC, ¶ 1.) Plaintiff Lawrence T. Sorensen is the court- ap...

Excerpt: ...and the remaining balance within 5 months. If the total balance was not paid by 1/23/17, liquidated damages of $3,000 was to be added to the balance. Defendant apparently made some payments, but failed to pay the remaining $16,000 on the sales price. The complaint sought that $16,000, plus the $3,000 in liquidated damages, for total damages of $19,000. The complaint also sought punitive damages. The summons and complaint were personally served on...

Excerpt: ... for a motion to quash and for a protective order, following the issuance of three (3) subpoenas duces tecum by defendant served on Rabobank, asking for documents involving WUR, Inc., John Louderback, and Jacqueline Louderback. According to the relevant two subpoenas at issue, defendants seek five (5) categories of documents about the loan application, origination document, loan correspondence, etc. involving plaintiff's original Loan No. 08-2906...

Excerpt: ...led in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"). Defendant Rowles Holdings LLC is a California limited liability company ("LLC") and it owns, and has owned since August 2014, real property known as Parcel 2 of Parcel Map No. 14,267 ("Parcel 2"). Parcel 2 lies in between Parcel 3 and Alisos Canyon Road. Plaintiffs acquired Parcel 3 in March 2010, from Richard J. Nash and Susanna W. Nash, and at the time, Plaintiffs ...

Excerpt: ...: “According to the complaint, this case arises out of an October 20, 2015 car accident, with plaintiff alleging that defendant Shane Shields negligently operated a Honda Pilot owned by her parents Mark and Jody Shields, so as to cause a car accident with plaintiff. Ms. Shane Shields' presence at trial and availability to testify there is essential to the defense of this case. The principal defendant, Ms. Shane Shields, who was driving the car ...

Excerpt: ...RULING: Defendants' demurrer to plaintiff's first, second, third, fifth, and sixth causes of action for injunctive relief, declaratory relief, quiet title, and violations of the California Homeowners Bill of Rights is sustained without leave to amend. Defendants' demurrer to plaintiff's fourth cause of action for negligence is overruled. Defendant's motion to strike the punitive damages allegations in the complaint is granted without leave to ame...

Excerpt: ... Bobby Saadian, Colin M. Jones, Jonathan C. Teller, Wilshire Law Firm For Defendant Community Solutions, Inc.: Thomas E. Beach, Darryl C. Hottinger, Paul D. Singer, Beach Cowdrey Jenkins, LLP For Defendant Stalwart Clean and Sober, Inc.: Samuel A. Wyman, Jack H. Snyder, Wolfe & Wyman LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Community Solutions, Inc., is sustained, with leave to amend, as to all causes of a...

Excerpt: ... demurrer to the second cause of action in the first amended complaint of plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., and sustains the demurrer to the third cause of action without leave to amend. Defendants Sedlin and Fiore Management, L.L.C., dba Canndescent, shall file their answer to the remaining portions of the first amended complaint on or before August 9, 2018. Background: In their First Amended Complaint, plaintiffs Canndescent...

Excerpt: ...C: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: The motion of defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D., for judgment on the pleadings is granted, with leave to amend, as to all causes of action brought by plaintiff ART Reproductive Center, Inc. Plainti...

Excerpt: ...acts sufficient to support the cause of action. The parties have complied with the meet and confer requirements of Code of Civil Procedure section 430.41, although the declaration in support reveals continuing hostility between the parties. Intentional interference with prospective economic advantage requires plaintiff to prove the following elements: 1) plaintiff and a third party were in an economic relationship that probably would have resulte...

Excerpt: ..., Jr., each agreed to represent Gianelli in a lawsuit filed in the United States District Court for the Eastern District of California on September 23, 2013. (Complaint, attachment 1, ¶ 19.) “Defendants failed to prepare, file and serve proper pleadings essential to the presentation of the case, warn of the duty to and to preserve evidence, conduct factual investigations, conduct discovery, compel discovery, consult and/or retain expert witnes...

Excerpt: ...ated at 3536 Los Pinos Drive, Santa Barbara (the Property). (First Amended Petition [FAP], ¶¶ 6, 7.) The Property is within a single-family residential zone and has one single-family residence. (FAP, ¶ 6.) On September 5, 2017, petitioners submitted an application (the Application) to create an accessory dwelling unit (ADU) within the existing space at the Property. (FAP, ¶ 2.) The Application met all conditions of respondent City of Santa Ba...

Excerpt: ...intiffs allege: On August 7, 2015, at approximately 5:42 p.m., in County of La Paz, State of Arizona, Elizabeth was driving a 2002 Ford Explorer manufactured by Ford Motor Company, in which Amirani and Hiromi were passengers, when a Michelin tire failed, causing the vehicle to veer left “as a result of dynamic oversteer resulting from the directional and lateral instability of the vehicle.” The vehicle rolled over. The Michelin tire was purch...

Excerpt: ...rom the medical care and treatment provided by defendants to plaintiff's decedent, Jack Ceder. A jury trial resulted in a defense verdict in favor of defendant Rebecca A. Rosen, M.D., among other defendants. Defendant Rosen submitted a Memorandum of Costs in which she sought $47,085.44 in costs. This amount included $29,871.00 in expert witness fees, claimed because Dr. Rosen's January 15, 2016 settlement offer in the amount of $10,000, made purs...

Excerpt: ... Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on December 1, 201...

Excerpt: ... also a defendant. The balance of legal fees is allegedly $311,240.53, plus interest at the legal rate from December 15, 2016, until paid. The causes of action are breach of contract, enforcement of attorney lien (on 100% of contracts held to be Cora's separate property), and “fraud and punitive damages.” On June 8, 2018, the court entered the default of defendant Cat Cora, Inc., whose motion to set aside default is set for hearing on August ...

Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...

Excerpt: ...tive record will be filed with the Court and an appropriate briefing schedule for the disposition of the merits of the writ petition. Analysis: The administrative writ petition was filed on July 3, 2018. On July 10 (one week after filing), petitioner James Doub filed an ex parte application to stay the DMV's suspension of Doub's vehicle license. The ex parte application was opposed by the DMV. The ex parte application was heard on July 11. The Co...

Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...

Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...

Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...

Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...

Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...

Excerpt: ...Whitehead, Ray Bourhis Associates For Defendant Fireman's Fund Insurance Company: Randy M. McElvain, Bein A. Berube, Weston & McElvain LLP Tentative Ruling: The motion of defendant Fireman's Fund Insurance Company to strike portion of plaintiffs' complaint is ordered stricken and the hearing ordered off calendar. Defendant Fireman's Fund shall file and serve its answer to the complaint on or before August 7, 2018. On May 1, 2018, plaintiffs Your ...

Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...

Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...

Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...

Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...

Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...

Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...

Excerpt: ...es in plaintiff Jian Chen's second amended complaint without leave to amend. Background: Plaintiff Jian Chen filed her original complaint in this action on August 9, 2017. The original complaint alleged only one named defendant, Automobile Club of Southern California (Auto Club). With Auto Club's demurrer pending, Chen filed a first amended complaint naming as a defendant “Interinsurance Exchange of the Automobile Club/Automobile Club of Southe...

Excerpt: ...nta Barbara Sheriff's Department on May 13, 2017, at Motel 6, 4200 Via Real, Carpinteria, California. Plaintiff contends that the money was used to facilitate the manufacture and/or sale of a controlled substance or was exchanged or intended to be exchanged for a controlled substance. The money formerly belonged to claimant Jose Manuel Escamilla. On June 9, 2017, Escamilla was charged by criminal complaint with possession for sale of a controlled...

Excerpt: ...nce, slander of title, unfair competition, and intentional interference with prospective economic advantage). The ensuing weeks will see the following motions on calendar: 1) on July 24, 2018, a demurrer by defendants as to the seventh cause of action; 2) on July 31, 2018, a motion to quash a subpoena filed by plaintiffs; 3) on August 14, 2018, two summary judgment/adjudication motions filed by defendants; and 4) a jury trial scheduled for Septem...

Excerpt: ... McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...

Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...

Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...

Excerpt: ..., venue is proper here because defendant's last known address was in Lompoc. A summons was issued on July 27, 2016, although it does not appear defendant has been served with the complaint, and defendant has not otherwise made a general appearance. On June 4, 2018, plaintiff Absolute filed the present motion for change of venue, pursuant to Code of Civil Procedure section 395. Plaintiff asks the court to transfer the matter to the San Luis Obispo...

Excerpt: ...nathan 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, Rogers, Sheffield & Campbell, LLP For Defendant Peter K. Westen, individually and as trustee of the Westen 2010 Trust U/A dated July 28, 2010: R. Chris Kroes, Linda Elias-Wheelock, McCarthy & Kroes For Defend...

Excerpt: ...Self-represented Tentative Ruling: The motion of petitioner Villa Sycamore Owners' Association is granted and the court awards post-arbitration attorney fees (in addition to attorney fees included in the arbitration award) in favor of petitioner Villa Sycamore Owners' Association and against respondent Jill L. Ariew in the amount of $4,408.25. Background: On March 27, 2018, petitioner Villa Sycamore Owners' Association filed its petition to confi...

Excerpt: ...ebra S. Fischl, Effres & Associates For Defendants Santa Barbara Cottage Hospital, Cecilia Gaete (Doe 52), and Meghan Murphy (Doe 53): Maureen E. Clark, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendant John Park, M.D. (Doe 51): Barbara S. Kilroy, Jennifer J. Henderson, Hall, Hieatt & Connely, LLP Tentative Ruling: The motion of plaintiffs for leave to file a first amended complaint is granted in part and denied in part. T...

Excerpt: ...olation of the court's Judgment Granting Petition for Writ of Administrative Mandate and make such orders as are necessary for complete enforcement of the writ. The court sets a hearing on the order to show cause for August 10, 2018, at 9:30 a.m. Respondent shall file and serve a return to this order to show cause on or before July 27 and petitioner may file and serve a response on or before August 3, 2018. The court encourages both parties to ad...

Excerpt: ... and Wash, Inc., if the documents have not already been produced, is granted as set forth herein. Plaintiff's request for a supplemental privilege log is denied. Plaintiff's request for monetary sanctions is denied. BACKGROUND: This case concerns a business dispute. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company with its principal place of business in Santa Barbara, California. Patrick Nesbitt is the fou...

Excerpt: ...irst Amended Complaint (FAC) on October 21, 2016. The FAC seeks damages of $159,486.43 against Chamness for various breaches of contract, including (1) failure to pay annual base rent increases, (2) failure to repair damage to the leasehold premises, including damage to the parking lot surface and sub-surface through use of heavy trucks and machinery; damage to the electrical system, in the form of the failure to restore the 200 Amp electrical pa...

Excerpt: ...Code, § 1750, et seq.); (2) violation of the California False Advertising Law (Bus. & Prof. Code, § 17500, et seq.); and (3) violation of the California Unfair Competition Law (Bus. & Prof. code, § 17200, et seq.) Plaintiffs allege that they each purchased a variety of salad dressing manufactured and sold by defendant Ken's Foods, Inc., based upon labels which stated that the dressings were made with olive oil. Specifically, the labels identif...

Excerpt: ...Rebecca McLean and proof of payment of the required fee to the State Bar of California is not filed with the court on or before July 10, 2018, the court will rescind its minute order dated April 25, 2018, granting the application of Kell C. Mercer to appear as counsel pro hac vice. Background: Plaintiff Jack Jevne filed his complaint against defendants Kevin Charles Boyle, Rebecca McLean, and Peter George Bertling. Jevne alleges that he loaned Bo...

Excerpt: ...17, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Rossi were passengers in a vehicle owned by defendant Arturo Gil Ramirez and driven by Ramirez's son, defendant Jose Martin Del Campo Gil, when the vehicle crashed on Gibraltar Road in Santa Barbara. On January 16, 2018, plaintiffs filed their original complaint for negligence and motor vehicle liability. Defendant Ramirez was personally served with the s...

Excerpt: ... $433.50, to be paid within ten days of the date of this order. BACKGROUND: This action arises out of a three-vehicle, rear-end accident that occurred at approximately 6:00 p.m. on February 27, 2017, on the southbound 101 freeway in Santa Barbara where the Los Positas on-ramp merges with the southbound traffic. Plaintiff Josefina Martinez was traveling at approximately 35 miles per hour in the number 3 lane (the lane farthest to the right) and wa...

Excerpt: ...: On April 27, 2018, plaintiff Tarek Suleimanagich filed his complaint against defendant Cherie Brenner for legal malpractice and unjust enrichment in the Los Angeles Superior Court. On Brenner's motion, the Los Angeles court transferred the case to this court. Suleimanagich alleges: Suleimanagich retained Brenner, a licensed California attorney, to represent him in a pending Santa Barbara Superior Court case (No. 1187545) pertaining to family la...

Excerpt: ...'s former employment as Ranch Manager of property located at 2377 Refugio Road, Goleta. Plaintiffs are Michael Kong and Ninas y Vinas del Mar, LLC. MSC is scheduled for October 5 and trial confirmation for November 7, 2018. On March 14, 2018, plaintiff Kong served defendant with form interrogatories (“FI”) and requests for production of documents (“RFP”), set one. On April 27, 2018, defendant provided responses to the discovery. Plaintiff...

Excerpt: ...lendar for failure to comply with CCP §§ 430.41 and 435.5. Defendants shall file a proper responsive pleading on or before July 20, 2018. Background: Plaintiffs Curvature LLC and Curvature, Inc., brought this action against defendants PivIT Global, Inc. (“PivIT”), Troy Jacobsen, Justin Sparks, Joe Zender, Mike McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis. Plaintiff alleges that defendants Troy Jacobsen, Sparks, Zender, and McKay, a...

Excerpt: ...lor Living Trust dated July 26, 1995 Francis J. Cunningham for defendant West Coast Private Investments, LLC Edward T. Weber for defendant Rush My File, Inc. Robert Houston, Jr., defendant in pro per Linda Lukas, defendant in pro per Any Kind Loan Funding, Inc ., defendant not represented TENTATIVE RULING: Defendant West Coast's motion for leave to depose defendant Robert Houston while he is in custody in the Orange County Jail is granted. Plaint...

Excerpt: ...nt/Cross-Defendant HMBL: Paul C. Kwong (Mavredakis Cranert – Pasadena) For Cross-Defendant/Cross-Complainant Presbytery and Synod: Robert W. Brockman, Jr. (Daley & Heft – Solana Beach) Tentative Ruling: 1. The court denies plaintiff Katelyn Geary's motion to consolidate cases for all purposes, including trial. 2. The court grants the motion of cross-defendant HMBL, LLC, dba Holiday Inn Express Carpinteria (erroneously sued as HMBL, a limited ...

Excerpt: ...David C. Hinshaw for plaintiffs and cross-defendants Norman Salter and Spectra America, LLC and cross-defendant Focus Builders, Inc. Katie C. Brach for defendants and cross-complainants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, James Lassetter, and American Contractors Indemnity Company Gregg A. Martin for defendants, cross-complainants, and cross-defendants Martin Newton and Point III Holdings, Inc. Bruce M. Lorman for cro...

Excerpt: ...00 mortgage loan from Washington Mutual Bank, F.A., which was memorialized by a note and secured by a deed of trust on real property located at 1200 Palomino Road, Santa Barbara, California 93105. (RJN, Ex. 2.) The note and deed of trust were subsequently assigned to plaintiff LPP Mortgage, Inc. fka LPP Mortgage, Ltd. (“LPP”). (RJN, Exs. 2, 3.) In 2011, Gates defaulted on his loan payments and LPP initiated nonjudicial foreclosure proceedings...

Excerpt: ...e their second amended complaint on or before July 23, 2018. (2) For the reasons set forth herein, the motion of defendants Skip Abed and Blue Water Boating, Inc., to strike portions of the first amended complaint is denied. (3) For the reasons set forth herein, the alternative motion of defendants Skip Abed and Blue Water Boating, Inc., to stay this action is denied. Background: As alleged in the first amended complaint (FAC): Defendant City of ...

Excerpt: ...nsel are to review the documents and, for each responsive document received, either produce the document to defendants' counsel (in whole or as redacted) or produce a detailed privilege log as to all documents (or parts thereof) not produced sufficient for the parties to the discuss the need or usefulness of the document (or redacted part thereof) to the issues in this case and the privacy interests of the document (or redacted part thereof). All...

Excerpt: ...ons against Health Net in the sum of $1,575.00, which shall be paid within ten days of the date of this order. BACKGROUND: This is an action for personal injuries arising out of a trip and fall incident that occurred on August 5, 2016 at Dock A at Lake Cachuma in Santa Barbara County. Plaintiff Rebeca Ziemniak alleges that she was walking on the dock when she fell into an open hatch or access portal and sustained serious injuries. Plaintiff alleg...

Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...

Excerpt: ...mily Group, LLC to Further Resond to Plaintiffs' Production Demand Set 5, Number 7, and Motion for an Order that Westen Family Group, LLC pay the Entire Referee's Fee Motion for Summary Judgment or, in the Alternative, Summary Adjudication Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); K. Andrew Kent (Rincon Venture Law Group – Westlake Village) For Defendants Westen Family Group and Derek Westen.: Scott...

Excerpt: ...lleged in the complaint: Plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda are employed by defendant Regents of the University of California (Regents) at its Santa Barbara campus. (Complaint, ¶ 8.) In March 2014, Regents hired defendant Stephen Klock as a superintendent. (Complaint, ¶¶ 9-10.) Klock continually and severely harassed plaintiffs with the intent to injure them and...

Excerpt: ...alleged in the original complaint: Plaintiff Ziyad Ballat alleges an oral, week-to-week tenancy in real property located at 5310 Carpinteria Avenue, Apartment 1, Carpinteria (the Premises) with defendant Miguel Luis Cruz. (Complaint, ¶ 6.) A 7-day notice to quit was served on Cruz on April 24, 2018. (Complaint, ¶ 7a(6).) The notice states in relevant part: “You are hereby notified that pursuant to Civil Code § 1946, your tenancy is terminate...

Excerpt: ...r and Helm filed a cross-complaint against Roberts, individually and as trustee of the Karen M. Roberts Living Trust and then a first amended cross-complaint, adding Village Properties as a cross-defendant. The operative cross-complaint is the second amended cross-complaint, to which the court sustained Village Properties' demurrer to the first four causes of action. Roberts filed a cross-complaint for implied equitable indemnity, and breach of f...

Excerpt: ...ar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc. (“Hillpointe”), a painting and power wash company, when he suffered fatal injuries after falling through a skylight on the roof of a commercial building located at 7406 Hollister Avenue, Goleta, California. The skylight allegedly lacked any barriers or warning signs. Hillpointe did not carry workers' compensation insurance at the time o...

Excerpt: ...o property located in Santa Barbara. Defendants were ultimately served by publication, and their default was entered when they failed to respond. A default judgment in the amount of $46,828.85 was entered by the court on February 23, 2017. On October 20, 2017, plaintiff assigned the judgment to Andrew Larson, d.b.a. HCR Beverly Hills. Also on that date, judgment assignee Larson filed a Declaration of Accrued interest, seeking an additional $2,155...

Excerpt: ...ound: On March 3, 2017, plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out ...

Excerpt: ...no intention of attending school. Ballantyne obtained the student loan funds, and cashed one or more of the checks without plaintiff's knowledge, and used the funds for his own non-educational purposes. Plaintiff alleges that she has sustained damage, in the form of injury to her credit, and numerous and continuing damages for repayment of the funds obtained by defendant. Plaintiff filed the complaint on August 15, 2017, while in pro per. Plainti...

Excerpt: ...reditor for an order charging judgment debtor's interest in Little Lucia, LLC, is granted. Background: On May 2, 2005, plaintiff Douglas J. Crawford obtained a judgment by default against defendant Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgment creditor Crawford renewed the judgment in the renewed unsatisfied amount of $149,894.00. On April 26, 2018, Crawford filed motions for: (1) an order for Haaland to tur...

Excerpt: ... he obtained the levy in the first place, or which would refute the claimant's evidence that her marriage to defendant Robert James Dahl terminated 13 year prior to the indebtedness he incurred that gave rise to this action. ...

Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...

Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...

Excerpt: ...order, and shall have telephoned counsel for plaintiffs to discuss this motion. Plaintiffs shall file and serve any opposition or other response to motion (including any stipulation or statement of non-opposition) on or before June 27, 2018. Defendants shall file and serve their replies, if any, on or before July 3, 2018. Background: On January 16, 2018, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Ross...

Excerpt: ...ple v. Dagoberto Castro, Jr., 1493890. Background: On November 17, 2016, in People v. Dagoberto Castro, Jr., 1493890 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101702925 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On May 23, 2017, pursuant to Pe...

Excerpt: ...injury to her teeth involving substantial dental work, for which Harrison seeks recovery as damages. On July 31, 2017, defendant The Vons Companies, Inc. (Vons) served two business records subpoenas to third party Paul Crawford, DDS, Harrison's dental expert and employer. (Thomas decl., ¶¶ 2, 4.) One subpoena sought actual billing and insurance records (with patient personal information redacted) for insured patients as to two dental procedure ...

Excerpt: ...nd exonerate Bail Bond #FCS251703166 filed in People v. Degoberto Castro, Jr., 1446186. Background: On November 17, 2016, in People v. Degoberto Castro, Jr., 1446186 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS251703166 in the amount of $5,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant...

Excerpt: ..., plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on Dec...

Excerpt: ...71, whose addresses and contact information defendant Kevin Charles Boyle shall promptly confirm (either as the parties to whom notice is to be given under the affected settlement agreement or as of record in case number 1438671), with proof of service filed on or before June 12, 2018. Any opposition or other response to the motion shall be filed and served on or before June 27, 2018, and any reply shall be filed and served on or before July 3, 2...

Excerpt: ...environment) (Toyota and Deriso) 3) gender discrimination (and harassment) (all three defendants); 4) age discrimination (Toyota and Garcia); 5 and 6) two counts of retaliation, respectively (Toyota only as to both counts); 7) assault (Toyota and Garcia); 8) failure to provide rest periods (Toyota only); 9) negligence (Toyota only) ; and 10) intentional infliction of emotional distress (all three defendants). Briefly, Carl Deriso is the Toyota's ...

Excerpt: ...nic funds transfer from a checking account owned by her boyfriend, William Hutchinson. The policy period was to begin on December 20, 2016 and end on June 20, 2017. The electronic funds transfer was not set up properly and the policy was cancelled. A rescission notice was mailed to Torres on Friday, January 6, 2017. On Sunday, January 8, 2017, Torres had a car accident. She received the rescission notice on January 9, 2017. On that same date, Tor...

Excerpt: ...for plaintiff Martin P. Cohn / Raymond Rengo of Cohn Rengo for defendants TENTATIVE RULING: The motion is denied. Background: This is a collections action based upon the failure to pay workers' compensation insurance premiums in accordance with the terms and conditions of the policies. The complaint, which alleges breach of contract and common counts causes of action, was filed on November 13, 2017. Individual defendants Juan Perez Jasso and Vick...

Excerpt: ...l / Ryan V. Jacobs for defendant Caltran Jennifer T. Tseng / Keith W. Moreton / H. Daniel Burrows of Tseng Associates for defendant Sheline Diana Moreno Shayne L. Wulterin of Ford, Walker, Haggerty & Behar for defendant Emily Walker TENTATIVE RULING: The motion is granted. Background: This is a personal injury action arising from a vehicle collision which occurred on August 8, 2016, at the intersection of the southbound off-ramp to State Route 10...