Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...

Excerpt: ...time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200, et seq., and for penalties under Labo...

Excerpt: ..., to set aside the default and default judgment entered against them is denied. Background: On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action against defendants Richman Bry and Riviera Capital Group, LLC (Riviera) asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the com...

Excerpt: ...endants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for the notice as "OWNERS INTEND TO SUBSTANTIALLY REMODEL THE RESIDENTIAL UNIT." The notice stated further that r...

Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...

Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...

Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...

Excerpt: ...mplaint on February 14, 2022, advancing seven (7) causes of action against the same defendants named in earlier pleadings, as follows: 1) promissory fraud/false promise; 2) quiet title; 3) breach of novation; 4) breach of an implied-in-fact contract; 5) breach of the implied covenant of good faith and fair dealing; 6) unjust enrichment; and 7) declaratory relief. Defendants demur to the verified second complaint, claiming the entire pleading is b...

Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...

Excerpt: ...nted. Background: This is an action for breach of contract, breach of guaranties, and unjust enrichment. In the complaint, plaintiff alleges that defendants executed loan documents, including a promissory note, and/or executed a personal guaranty for a loan, in October 2015. While some payments were made, defendants ceased making payments, resulting in the complaint being filed on September 11, 2020. Defendants did not appear in the action, and t...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory No 209.2, in accordance with this ruling and without objections ov...

Excerpt: ... Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which owned a restaurant/ nightclub property, 8825 Washington Blvd., Pico Rivera, CA (the Property). (Defendant and Cross-Complainant Aguila's Response Separate Statement ...

Excerpt: ...upon plaintiff by defendant William Charles Conway, M.D. While the surgery itself was a success, plaintiff complains of severe post- surgical complications. Plaintiff Wideman is a licensed attorney, who is representing himself in the action, as well as acting as counsel of record for his wife, plaintiff Kristina Novak. Mr. Wideman designated Farzad Alemi, M.D. as a retained general surgery expert witness. Defendant Conway noticed the expert decla...

Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...

Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...

Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...

Excerpt: ...olas Tescano, Chad Treppa and Steven Smith: Timothy R. Windham, Lillian C. Harwell, Lewis Brisbois Bisgaard & Smith LLP For Defendant Delta Tau Delta: Aaron S. Case, Mary Childs, Yoka & Smith, LLP For Defendant Delta Tau Delta – Delta Psi Chapter: Patrick R. Ball, Matt Jedrzejek, Messner Reeves, LLP For Defendants Tammy F. Luckenbihl and Matt Luckenbihl: Jay M. Borgeson, Henderson & Borgeson For Defendant Rimrock Real Estate Ventures, LP: Debor...

Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...

Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...

Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...

Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...

Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...