Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...

Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...

Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...

Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...

Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...

Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...

Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...

Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...

Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...

Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...

Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...

Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...

Excerpt: ...ousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...

Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) were served with the unlawful detainer complaint in early January 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...

Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...

Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 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 Cumbre Ranch Living Trust dated J...

Excerpt: ...Defendants Jock M. Sewall and J.M. Sewall & Associates: Louis R. Chao, Brian K. Stewart, Collins + Collins LLP TENTATIVE RULING: Defendant's motion is denied. Background: Plaintiffs Thadias B. King (Mr. King) and Terri S. King's (Mrs. King) (collectively, the Kings) complaint filed on February 11, 2021, alleges two causes of action for professional negligence and negligent misrepresentation against defendants J.M. Sewall & Associates (JMSA) and J...

Excerpt: ...A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Marcus S. Bird, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rische, Leena Sheet, Office of the California Attorney General For Defendant Intervenor Gaviota ...

Excerpt: ...eged in plaintiff Dennis Tegard's complaint filed 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, refer to Westmont, Boyd, and Maes, collectively, as...

Excerpt: ...n paragraphs 37, at page 9, lines 1 to 2 (“Cross-Defendants' false accusations regarding Cross-Complainant have inhibited and impaired Cross-Complainant's use of his backyard.”), 44, at page 9, line 27, to page 10, line 2 (“Cross-Complainant contends that Cross-Defendants intentionally or recklessly defamed his character and reputation and did so with malice.”), 45, lines 5 to 7 (“Cross-Complainant desires a judicial determination of th...