Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...

Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...

Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...

Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...

Excerpt: ...rds and plaintiffs' counsel's fees and costs is likewise denied without prejudice. BACKGROUND: This is a putative class action wage and hour case. Plaintiffs Rebecca Amador and Nicolas Lum worked for defendant SB Menus as pick-up and delivery drivers in and around the City and County of Santa Barbara. SB Menus is a franchisee of defendant OrderUp, Inc., which is owned by defendant GroupOn, Inc. The SB Menus website (“SBMenus.com”) allows cust...

Excerpt: ...S. Los Carneros Road in Goleta, he was burned by a dangerous and defective condition at the premises, consisting of hidden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general neg...

Excerpt: ...t for hearing on 6/12. However, the order filed on 6/4/18 sets the OSC sought by plaintiff Love Lambs for hearing on 6/19, NOT 6/12. ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for plaintiffs Love Lambs II, LLC and Cortney Fishkin Christopher E. Haskell / Ryan D. Zick of Price, Postel & Parma LLP for plaintiff Casa Blanca Beach Estates Owners' Association No appearance by defendants RULING: For the reasons articulated below, the hearing on ...

Excerpt: ...endants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic join. The Court orders plaintiff, Robert Eldon, to attend his deposition. Defendants have not specified a time and place for the deposition. The Court will address the time and place for the deposition at the hearing. Background: This action arises out of medical care provided to plaintiff, Robert Eldon, while he was an inmate at the Santa Barbara County Jail. Defendant...

Excerpt: ...orneys: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sean D. Cowdrey, John Tullis, Beach Cowdrey Jenkins, LLP Tentative Ruling: (1) The motion of defendant Carpinteria Community Church to compel production of plaintiff Isabel C.'s records from CALM is granted in part and denied ...

Excerpt: ...fter his attorneys were allowed to withdraw Christopher E. Haskell / Cameron Goodman of Price, Postel & Parma LLP for Casa Blanca Beach Estates Owners' Association Mack S. Staton of Mullen & Henzell LLP for defendants Love Lambs II LLC, Courtney Fishkin, and Cal Fishkin TENTATIVE RULINGS: The motions are both granted. Background: This case involved a dispute over an easement and access over plaintiff Ravindra K. Pande's property at 871 Sand Point...

Excerpt: ...efendant Sherie A. Taylor Randall J. Taylor, Defendant in Pro Per TENTATIVE RULING: The demurrer of defendant Sherie Taylor to plaintiff's third cause of action for breach of fiduciary duty is overruled. Defendant shall file and serve her answer to the first amended complaint on or before June 21, 2018. BACKGROUND: This action stems from a business dispute between plaintiff and her three siblings. Plaintiff Colleen Taylor and defendants Randall T...

Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...

Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...

Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...

Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...

Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...

Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...

Excerpt: ...itials only are used), a custody deputy with SBSO. On June 17, 2013, RK was involved in an incident at the Santa Barbara County Jail in which he and another custody deputy allegedly used excessive force against an inmate while escorting the inmate from his regular cell to a more secure cell. Following an investigation of the incident, SBSO terminated RK from his employment. RK appealed his termination to respondent Civil Service Commission for th...

Excerpt: ...prenatal care, and that defendants negligently failed to properly examine, care for, screen, or inform her of MS-AFP testing, or otherwise diagnose his Down Syndrome and give her the option of abortion. The action is currently scheduled for a Trial Confirmation Conference on June 13, 2018. When the parties exchanged expert witness information, defendants designated Marc Incerpi, M.D., a perinatologist, and Paul Weber, M.D., an OB/GYN, to testify ...

Excerpt: ...Landing MHP, LLC, and Waterhouse Management Corp. Plaintiffs' operative pleading, their first amended complaint (FAC), alleges that defendants have failed to provide and maintain conditions at the Park as legally required and that defendants have interfered with plaintiffs' rights in the Park. Defendants generally deny the allegations of the FAC and assert affirmative defenses to the claims of the FAC. The parties have engaged in substantial disc...

Excerpt: ...at it as a nonstatutory motion despite doubts that the nonstatutory motion survives the recent adoption of section 439. The Court denies the Motion. Background: On October 29, 2015, plaintiffs Bagdasarian Insurance Group and Christopher Bagdasarian filed their original complaint in this action against defendant E. & J. Gallo Winery (Gallo). Following multiple demurrers, plaintiffs filed their operative pleading, their third amended complaint on J...

Excerpt: ...Family Trust (the Trust). (Complaint, ¶ 2.) In that capacity, San Pasqual owns an undivided 90 percent interest in real property located at 1015 Laguna Street, Santa Barbara (the Property). (Complaint, ¶¶ 1-2.) San Pasqual's interest in the Property is as tenant in common with defendant Candis Houser, who owns the remaining undivided 10 percent interest. (Complaint, ¶ 3.) Houser has expressed unhappiness with the recent efforts of San Pasqual...

Excerpt: ...Inc.: Eric Berg For Cross-Defendant and Cross-Complainant Schock Contracting Corporation: Steven W. Sedach Ruling: For the reasons set forth herein, the motion of Schock Contracting Corporation for determination of good faith settlement is denied without prejudice to the filing of a renewed motion following the close of discovery in this action. Background: On April 26, 2017, plaintiff City of Santa Barbara (City) filed its original complaint in ...

Excerpt: ...s Plaintiff moves to file a First Amended Complaint to include negligent entrustment language, thereby making the limitations on owner liability pursuant to the California Vehicle Code inapplicable, and making Defendant Ana Maria Oliva and DOES and any one of them, jointly and severally liable for the full amount of Plaintiff's damages, to wit: $27,324.90; attaches a copy of Plaintiff's First Amended Complaint for Subrogation Recovery; propos...

Excerpt: ... complete verified responses, without objections, to Request for Production, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The second motion [filed 3/2/18] is to serve full and complete verified answers, without objections, to Form Interrogatories, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The motions were set for 4/3/...

Excerpt: ...d service of the TRO and OSC were not accomplished within the time required by Code of Civil Procedure section 527. As a result, the TRO must be dissolved. However, as described below, it may be reissued upon receipt of a declaration pursuant to Section 527(d)(5), and the OSC may then again be set for hearing. Court records do not show that any such declaration has yet been submitted by plaintiffs. However, there remains ample time to do so prior...

Excerpt: ... SBB Villas LLC and Kiran Pande (collectively, "Defendants") shall appear on June 12, 2018, at 9:30 am, in Department 3 of this Court, located at 1100 Anacapa Street, Santa Barbara, CA 93101, to show cause, if any exists, why the Court should not issue a preliminary injunction restraining and enjoining Defendants, and anyone acting on their behalf or in concert with them: (a) from transferring, or otherwise encumbering real property locat...

Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...

Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...

Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...

Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...

Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...

Excerpt: ...h & Whatley, PC [email protected]; [email protected]; [email protected]; [email protected]; tshapiro@Santa Ruling: For the reasons set forth herein, the motion of defendant City of Santa Barbara to strike from the first amended complaint plaintiffs' req u Background: Plaintiffs Rolland Jacks and Rove Enterprises, Inc., dba Hotel Santa Barbara, on their own behalf and on behalf of all others similarly si t the first amended comp...

Excerpt: ...OA3: Steven M. Daily, Rebecca L. Wilson, Kutak Rock LLP Ruling The Court continues the hearing on the demurrer and motion to strike of defendants to June 26, 2018. Background On March 9, 2018, plaintiff David Fee, then represented by counsel, filed his original complaint in this action against defendants Select Portfolio Servicing, Inc., (erroneously sued as Select Portfolio Services) and U.S. Bank National Association, as trustee for WaMu Mortga...

Excerpt: ...ager & Dowling Ruling: The motion of cross-complainants Charles S. Crail and Charles S. Crail Automobiles for leave to file an amended cross- complaint is granted as qualified herein. There are two issues of form that the Court has with the proposed amended cross-complaint. First, the amended cross- complaint as proposed does not state in its caption that it is the first amended cross-complaint rather than an original cross-complaint as required ...

Excerpt: ...ril 4, 2018; vacates the forfeiture of Bail Bond #FCS1001668951 in People v. Joel Michael Mears, Case No. 1444629; and exonerates Bail Bond #FCS1001668951. Background: On July 12, 2016, in People v. Joel Michael Mears, Case No. 1444629 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS1001668951 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On A...

Excerpt: ...hern California Edison Company Ruling: For the reasons set forth herein, the motion of defendant Southern California Edison to strike portions of the complaint is granted, without leave to amend, to strike paragraphs 42, 50, 54, and 66 of the text of the complaint and to strike paragraph 7 of the prayer on page 14 of the complaint. This ruling is without prejudice to the filing of a noticed motion to amend to allege claims for punitive damages at...

Excerpt: ...it corporation and the owner of Rancho Del Cielo, the former home and retreat of President Ronald Reagan (the “Reagan Ranch”), located in the Santa Ynez Mountains north of Santa Barbara. The Reagan Ranch consists of 688 acres and includes an adobe residence and related structures. The Reagans purchased the ranch in 1974, shortly before Ronald Reagan completed his second term as governor of California. Numerous artifacts of the Reagan governor...

Excerpt: ...Secrest (Santa Barbara); Carney R. Shegerian (Shegerian & Assoc. – Santa Monica) For Defendants: Janice P. Brown, et al. (Brown Law Group – San Diego); Apalla U. Chopra, Adam J. Karr (O'Melveny & Myers – Los Angeles) Tentative Ruling: 1. The court denies defendants Bank of America N. A. and Merrill Lynch, Pierce, Fenner and Smith, Inc.'s motion for summary judgment or, in the alternative, summary adjudication. 2. The court grants, in part, ...

Excerpt: ... Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: Marcus S. Bird, Hollister & Brace For Defendants California Coastal Commission and State Coastal Conservancy: Xavier Becerra, Jamee Jordan Patterson, Office of the California Attorney General For Defendant Rancho Cuarta: Joseph Liebman Tentative...

Excerpt: ...TATIVE RULING: Plaintiff's motion for summary judgment or, in the alternative, summary adjudication is denied. BACKGROUND: Plaintiff Michael S. Little is an oil and gas attorney licensed in Louisiana and a close friend of Matthew Martin, a former employee and director of Gente Oil U.S.A. (“GOUSA”). In 2015, plaintiff referred Mr. Martin to defendant Edward G. Mannion and his firm, defendant Mannion & Lowe, a Professional Corporation, for repr...

Excerpt: ...WFBM, LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Fiore Management LLC to the first cause of action and to the complaint is overruled, and the demurrer of defendant Adrian Z. Sedlin is sustained, with leave to amend, as to the second and third causes of action and to the complaint as a whole. Plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., shall file and serve their first amended complaint on or before ...

Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...

Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...

Excerpt: ...st amended complaint without leave to amend. The court overrules the demurrer in all other respects. These defendants shall file their answer to the remaining causes of action asserted against them in the first amended complaint on or before May 29, 2018. 2. The court sustains defendant Indigo European Motorcars, LLC's demurrer to the sixth and ninth causes of action in plaintiff Roy E. Stephenson's first amended complaint without leave to amend....

Excerpt: ...s overruled. Cross- complainant shall file and serve its second amended cross-complaint on or before June 4, 2018. Background: Cross-complainant Alternative Beauty Services Ltd. (ABS or Alternative) (erroneously sued as Alternative Beauty LTD) is a top distributor of fine beauty products in Ontario, Canada. (First Amended Cross-Complaint [FACC], ¶ 2.) Cross- defendant Olaplex, LLC (Olaplex) was formed in early 2014 and launched its family of pro...

Excerpt: ...i Meeks, Case No. 1478819; and exonerates Financial Casualty & Surety, Inc.'s Bail Bond # FCS101752654. Background: On April 27, 2017, in People v. Kumasi Meeks, Case No. 1478819 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101752654 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On May 8, 2017, the court entered a bail bond forfeiture when th...

Excerpt: ... of City of Simi Valley to present oral testimony in support of this motion is denied. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. (1) Case No. 16CV00578 In this case (case No. 16CV00578) (the Contract Action), N&A filed its action on May 5, 2014, in Los Angeles County for breach of cont...