Excerpt: ...poena for Production of Documents in Action Pending Outside California ATTORNEYS: For Petitioner R.L. Mlazgar Associates, Inc.: Michelle R. Generaux, Devin E. Murtaugh, Murtaugh Treglia Stern & Deily LLP For Respondent-Deponent BEGA North America, Inc.: Rafael Gonzalez, Daniella R. Scoscia-Regencia, Sean Stratford-Jones, Mullen & Henzell L.L.P. TENTATIVE RULING: The petition of R.L. Mlazgar Associates, Inc., to compel compliance with a subpoena f...

Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...

Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...

Excerpt: ...,000. Plaintiff landlords served a sixty-day notice of termination of tenancy upon defendant tenants. The notice was personally served upon defendant Martha A. Toledo-Aguilar on July 15, 2021, and substitute served upon defendants Jesus Rodriguez-Santa Cruz and Nayely Rodriguez-Toledo, through such service on Martha A. Toledo-Aguilar. The notice set forth the basis of the termination as plaintiff's intent to have the premises occupied by their ch...

Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...

Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...

Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...

Excerpt: ...emy Rubin and his agent Eduardo Robles Correa purchased the property as Premier Real Estate Investments, LLC and “flipped” it for a quick profit. In fact, Robles advised plaintiffs to retain his colleague Vivian La Fuente as their agent in order to proceed with the contract. Once plaintiffs “took control” of the property, they discovered that it was infested with mold. They allege that defendants actively concealed this condition in order...

Excerpt: ..., 2022, to March 18, 2022, to permit defendants an opportunity to evaluate whether they wish to proceed with the motion in its current form, or to withdraw it and potentially file a new motion to reflect the current posture of the case. If defendants determine that they will go forward on that date with the motion in its current form, they must advise plaintiff of that fact no later than Monday, February 28, 2022, in order for plaintiff to have s...

Excerpt: ...ipuedes, Santa Barbara, California. Both buildings are Quonset structures, which are lightweight prefabricated structures of corrugated galvanized steel with semi-circular cross-sections. On February 17, 2015, plaintiff entered into a written agreement with defendant Burke Advisors, Inc., dba Burke Construction Advisors (“Burke Construction”), a licensed general contractor, for work on the exterior of the buildings, including installing new c...

Excerpt: ...ire Wiswall, PA-C (“Wiswall”). As alleged in the complaint, plaintiff consulted Wiswall of Santa Barbara Skin Care for dermatological care and removal of a mole on her nose. Wiswall advised plaintiff that her mole could not be reduced or removed through laser treatments and referred plaintiff to Sheffield, a dermatologist and surgeon, also with Santa Barbara Skin Care. Thereafter, Sheffield performed two surgeries on plaintiff's nose, the fir...

Excerpt: ...area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escr...

Excerpt: ...plaint RULING (1) For the reasons set forth herein, the demurrer of defendants Shoreline Farms LLC and Aviana Kjos to the first amended complaint of plaintiff David Matthew Kilrain is sustained with leave to amend. Plaintiff Kilrain shall file and serve his second amended complaint on or before March 2, 2022. (2) Because the demurrer is sustained, the motion of defendants to strike portions of the first amended complaint is moot and is ordered of...

Excerpt: ... on Cross-Complaint RULING The motion of Champlin/GEI Wind Holdings, LLC for summary judgment or alternatively summary adjudication on its complaint is granted in part and denied in part. Summary adjudication is granted on its second cause of action for declaratory relief but denied on its first and third causes of action for breach of contract and for preliminary and permanent injunctions. The motion of Champlin/GEI Wind Holdings, LLC for summar...

Excerpt: ... Defendant Preferred Bank: Michael E. Bubman, Scott H. Noskin, Mirman, Bubman & Nahmias, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] HEARING (1) Demurrer of Defendant to Complaint (2) Motion of Defendant to Strike Portions of Complaint RULING (1) For the reasons set forth herein, the...

Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...

Excerpt: ...tt Jedrzek for Defendant Delta Psi Chapter of Delta Tau Delta TENTATIVE RULING: The motion of defendant Delta Tau Delta, a National Fraternity, for an order striking the punitive damage claims alleged against it, is granted as to the moving defendant only without leave to amend. BACKGROUND: This is a dog bite case. Plaintiff is Marlena Hughes. Defendants are Delta Tau Delta, a National Fraternity, Delta Psi Chapter of Delta Tau Delta, and various...

Excerpt: ...Insurance Services, Inc. to compel plaintiff to provide further responses to Form Interrogatories, set two, and for sanctions ATTORNEYS: Patrick A. Hennessey / Anish J. Banker / Joseph A. Schwar of Palmieri, Hennessey & Leifer, LLP for plaintiffs Jeffrey A. Charlston / Stephen P. Soskin of Charlston, Revich Harris & Hoffman, LLP for defendant HUB International Insurance Services, Inc. Carl L. Grumer of Manatt Phelps & Phillips LLP for defendant B...

Excerpt: ..., Inc. ATTORNEYS: For Defendant, Cross-Complainant, and Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Messner Reeves LLP For Defendant, Cross-Complainant, and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K. Lackey, Ruzan Stepanyan, Hamrick & Evans, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant John Kenny Construction, Inc., for summary adjudication of the cross- comp...

Excerpt: ...ocedure section 399. Background: Plaintiffs Craig Jenkins (Jenkins) and BC Entertainment, Inc. (BDC) filed this action on September 14, 2020, against defendants Fornati Kumeh (Kumeh), Results May Vary, LLC (RMV), and ENT Legends Concerts, LLC (ENT). It alleges that this court is the proper court because a defendant entered into the contract here, and the contract was to be performed here. The complaint alleges causes of action for breach of contr...

Excerpt: ...ichment is overruled. Plaintiff's demurrer to defendant's third and tenth causes of action for negligence and equitable indemnity is sustained without leave to amend. Plaintiff shall file and serve her answer to defendant's first amended cross-complaint or before February 14, 2022. BACKGROUND: This is an action for partition by sale of real property. Plaintiff is Alison E. Chase. Defendants are Brian M. Metcalf and Pentagon Federal Credit Union. ...

Excerpt: ...required for this hearing on the petition to release the recorded claim of mechanics lien of respondent Joel's Roofing and Rain Gutter Co., Inc. For the reasons set forth herein, unless respondent Joel's Roofing appears and presents evidence, the Court will grant the petition for the order releasing the lien. Background Petitioner Mark Cox requested that respondent Joel's Roofing and Rain Gutter Co., Inc. (Joel's Roofing) furnish labor and materi...

Excerpt: ...f defendant Stargate Ranch, LLC to plaintiff's fourth, fifth, sixth, and seventh causes of action against Ranch for strict products liability – design defect, strict products liability – failure to warn, negligent failure to recall, and intentional failure to recall is sustained without leave to amend. Defendant's motion to strike the claims for punitive damages against Ranch is sustained without leave to amend. Should plaintiff later discove...

Excerpt: ...evidence. (Brehm Communities v. Superior Court (2001) 88 Cal.App.4th 730, 735.) Nevertheless, the moving party was required to file a declaration with the demurrer attesting to the fact that the meet and confer process was completed. (Code Civ. Proc., § 430.41, subd. (a)(3).) No such declaration was filed here. That is sufficient evidence that the meet and confer did not take place. Trial courts are not required to ignore defects in the statutor...

Excerpt: ...igenfeld of Seige Law PC for plaintiff Jaime Cazares, Jr. Eric A. Woosley of Law Office of Eric A. Woosley, and Alexander Lambrous of Legal Aid Foundation of Santa Barbara County, for defendant Martin Cazares TENTATIVE RULING:The motion will be granted, and the default and default judgment will be set aside. Defendant Martin Cazares is directed to file his answer to the complaint on or before February 7, 2022. Procedural Background: This unlawful...