Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. The court sustained a demurrer to this answer on June 7, 2022, allowing leave to amend....

Excerpt: ...d the default and default judgment are ordered set aside and vacated. Background: Plaintiff Progressive Select Insurance Company (Progressive) filed a limited civil action against defendant Joseph D. Hernandez on December 14, 2021, alleging a form “Motor Vehicle” cause of action. The Motor Vehicle attachment alleged that on February 24, 2019, at 1125 Bregante Lane in Santa Barbara, defendant's negligence in operating a vehicle was the legal c...

Excerpt: ...tective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: The Court continues the hearing on plaintiff's motion to September 12, 2022. Plaintiff shall file and serve a supplemental brief in support of the motion on or before August 26, 2022, in ...

Excerpt: ...TIVE RULING: The motion for summary judgment is denied. Background: This is a personal injury action, filed by plaintiff on April 23, 2021, and naming the City of Santa Barbara and County of Santa Barbara as defendants. (The County of Santa Barbara has never appeared in the action.) The complaint alleges a cause of action for premises liability based on the dangerous condition of public property. It alleges that on May 13, 2020, plaintiff was inj...

Excerpt: ...rt W. Selna of Selna Partners and Naomi R. Dewey/ Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the for...

Excerpt: ...ic Fisher, Kathryn Fisher, Mona McMillan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: The petition is granted; the action is ordered to arbitration, and will be stayed pending the conclusion of arbitration proceedings. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenue, and 608 East...

Excerpt: ...endant answered the complaint, contending that the action had been filed in the wrong venue, since she did not live in Santa Barbara County. Plaintiff filed a motion for summary judgment, which established that defendant still owed plaintiff the amount of $6,170.67 for charges she had incurred through use of the credit card, but had not paid to plaintiff. Plaintiff did not file opposition to the motion, but sought permission to appear at the hear...

Excerpt: ...plaintiff. (Complaint, ¶¶ 7, 8, 10, 12, 16, 18, 19 & Exh. A.) Defendant, a direct competitor of plaintiff, caused the December 4, 2020 letter to be written and published directly to plaintiff's clients and business partners. (Id., ¶¶ 5, 7, 22.) Plaintiff's business reputation has been significantly damaged as a result of the publication of the letter, and its profits have been reduced as a result of the publication of the letter. (Id., ¶¶ 1...

Excerpt: ...rsons acting with or on behalf of it, are enjoined and restrained from granting any final approval as to construction of a residence exceeding one story in height at the real property located at 4121 Creciente Drive, Santa Barbara, California, or taking any other action with respect to such construction where the effectiveness of such other action is not qualified by and subject to the final disposition of this matter. (2) The court orders that p...

Excerpt: ...ence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Causes of action for breach of fiduciary duty, negligence, common counts, and indemnification were alleged against defendant Peter Kozak III, and causes of action for respondeat superior liability, negligence, common counts, and indemnification were alleged a...

Excerpt: ...Management, Inc. (Sandpiper) is the property manager for real property located at 220 E. Valerio Street, #4, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) Defendant Sean Wilczak agreed to rent the Premises pursuant to a written agreement (Agreement). (Complaint, ¶¶ 6a, 6b, 6e & exhibit 1.) The Agreement lists two people as tenants, including Wilczak among those two. (Complaint, exhibit 1.) The Agreement originally provided for monthl...

Excerpt: ...e Santa Barbara area. (Complaint, ¶¶ 14, 18.) Cottage Health provides health care services from Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, and Santa Ynez Valley Cottage Hospital, and from smaller urgent care and other facilities. (Complaint, ¶¶ 2, 19.) “Kaiser Foundation Health Plan, and their related entities” is made up of three distinct but interdependent groups of entities, the Kaiser Foundation Health Plan, Inc. ...

Excerpt: ...Inc.'s demurrer is sustained without leave to amend. Background Plaintiff Rusty Rendon's original complaint, filed on February 16, 2022, alleged one cause of action for violation of the Unruh Civil Rights Act, Civil Code section 51 et seq. (Unruh Act), against defendant Procore Technologies, Inc. (Procore). Pursuant to the Court's Minute Order dated April 27, 2022 (Minute Order), the Court sustained Procore's demurrer to the complaint, with leave...

Excerpt: ...Hicks and Georgette Topakas,Co‐Trustees of the Topakas & Hicks Family Living Trust, dated May 7, 2003: David J. Tappeiner, DT Law Partners, LLP Emails: [email protected]; [email protected]; [email protected] RULING Plaintiff's motion is granted, in accordance with this ruling. Plaintiffs shall submit the judgment. NOTE: This case is also on the 8:30 am Case Management Calendar; the Court will call both matters at 8:30am; you are firs...

Excerpt: ...aylorring.com; [email protected]; [email protected]; NBerkel [email protected] HEARING (1) Demurrer of District to Complaint (2) Motion of District to Strike Portions of Complaint RULINGS 1. The demurrer of defendant Santa Barbara Unified School District is sustained, with leave to amend, as to the fifth cause of action of plaintiff John Doe #2's complaint (for breach of mandatory duty: failure to report suspected child abuse), and is sust...

Excerpt: ...ells Fargo Bank, NA: Max Fischer, Morgan, Lewis & Bockius LLP (pro hac vice application pending) Emails: [email protected]; [email protected]; [email protected] ; MATTER Defendants Michael Corrigan and Corrigan & Company's Motion To Compel Compliance With Business Records Subpoena By Non‐Party RULING Defendants' motion is denied. Background As alleged in the third amended complaint (TAC), the operative pleading in this matter, ...

Excerpt: ...023, plus post‐judgment interest at 10 percent from March 10, 2022. Notice of entry of judgment was filed July 20, 2022. The court signed the Amended Statement of Decision on July 21, 2022.[1] Pacifica asks for attorney's fees of $155,238.03, as the prevailing party to both its operative pleading (involving a breach of the commission agreement) and the defense of 1599 West's cross‐complaint, alleging professional negligence. Pacifica acknowle...

Excerpt: ...f Plaintiff for Declaration of and Disqualification of Mary Long Berry Testimony Due to Incompetency (3) Motion of Plaintiff to Appoint Trustee ad Litem (4) Motion of Plaintiff to Set Mandatory Settlement Conference ATTORNEYS: For Plaintiff Sharon E. Green: John K. Dorwin For Plaintiff Franciscan Oaks Homeowners Association: Norman S. Wisnicki For Defendant Mary Long Berry: Robert A. Morgenstern, Paul A. Elkort, Ajay Sood, Morgenstern Law Group; ...

Excerpt: ...s Caroline Diani and Jeffrey Doornbos: Richard R. Clouse, Benjamin A. Colsten, Clousespaniac Attorneys TENTATIVE RULING: Defendants' motion is denied. Background: This case arises out of a dog bite that occurred when plaintiff Jillian Rogers was dog sitting for defendants Caroline Diani and Jeffrey Doornbos at their residence located in Santa Barbara, California. Plaintiff alleges that as she tried picking up the dog, it lunged and viciously atta...

Excerpt: ...Defendant Steven Libowitz: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: For the reasons set forth herein, the general demurrer of defendant Steven Libowitz to the complaint of plaintiffs Nick Taylor and Violeta Taylor, co‐trustees of The Taylor Family Trust, is sustained without leave to amend. Background: As alleged in plaintiffs' complaint: Plaintiffs Nick Taylor and Violeta Taylor are co‐trustees of Th...

Excerpt: ...rust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Richard Lloyd, Cappello & Noel, LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rishe, Leena Sheet, Office of the Att...

Excerpt: ... Plaintiff shall file and serve his amended pleading on or before August 9, 2022. Background: In the complaint filed on March 15, 2022, plaintiff Peter Kurrels alleges four causes of action against defendant Rodney E. Lund for breach of warranty of habitability, breach of warranty of quiet enjoyment, negligence, and breach of contract/recission. Kurrels seeks general damages, punitive damages, a return of rent money paid, and attorney's fees. As ...

Excerpt: ...le, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sueanne D. Chadbourne, Darryl C. Hottinger, Beach Law Group, LLP TENTATIVE RULING: The motion of defendant Carpinteria Community Church for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: Plaintiff Katelyn Geary filed this action on February 19, 2015. The operative pleading is the third amen...

Excerpt: ...y For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The Court continues the hearing on both demurrers to August 22, 2022. Background: Plaintiff Anne Fristoe, M.D., filed her original complaint in this matter on November 22, 2021, alleging three causes of action against defendants Mik...

Excerpt: ...y north of the City of Goleta. As alleged in the Second Amended Complaint (“SAC”), which is the operative pleading, on September 10, 2019, plaintiffs Austin Buist, Maverick Buist, a minor, and Allyson Jean Buist, decedent, were travelling southbound on US‐101 approaching the intersection of Las Varas Ranch Road. (SAC, ¶¶ 10, 14.) Defendant Garrett Anthony Staab (“Staab”) was travelling northbound on US‐101. (SAC, ¶ 15.) At that loc...