Excerpt: ...�ce.com;todd@stevensonlawofÞce.com; rob HEARING Motion of Defendant for Judgment on the Pleadings RULING For the reasons set forth herein, the motion of defendant Joi K. Stephens, Trustee of Trus t of the Stevens Famil y Trust U/D/T dated November 13, 1987, for jud gment on the pleadin g part and denied in part. The motion is granted, with leave to amend, as to the fifth cause o motion is in all other respects denied. Plaintiff Christopher S. Vi...

Excerpt: ...easons set forth herein, the demurrer of defendant Radius Group Commercial Real Estate, Inc., to the second amended complaint is overruled. Defendant Radius Group shall file and serve its answer to the second amended complaint on or before January 12, 2022. Background Dante Armento – only - was dismissed - without prejudice – on 12/21/21. “This action involves the commission earned by Plaintiffs, as a result of their being the real estate a...

Excerpt: ...ing causes of action: (1) defamation; (2) invasion of privacy; and (3) infliction of emotional distress. Defendants now seek an order striking the complaint under the anti-SLAPP statute on the grounds that the complaint arises from protected activity and that plaintiff cannot demonstrate a probability of prevailing on the merits. No opposition was filed. “A cause of action against a person arising from any act of that person in furtherance of t...

Excerpt: ...eyer & Dillion LLP For Defendant William Hezmalhalch Architects, Inc.: Lawrence A. Treglia, Matthew W. Johnson, Murtauch Treglia Stern & Deily LLP TENTATIVE RULING: As set forth herein, the court orders that counsel for the parties further meet and confer as to the issues raised by this motion. Counsel shall meet and confer in person, by telephone, or by video conference on or before January 10, 2022, with counsel for the moving party, plaintiff ...

Excerpt: ... The accident involved a vehicle driven by plaintiff Jamie Stewart (“Stewart”), who was in the course and scope of her employment and was insured for worker's compensation by plaintiff Sedgwick Claims Management Services (“Sedgwick”), and a vehicle driven by defendant Julijs Alfreds Zemjanis (“Zemjanis”), which was owned by defendant Factory Appliance, Inc. (“Factory Appliance”). Stewart alleges that Zemjanis was driving at an exc...

Excerpt: ...strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Goleta, which was held in a revocable living trust he had with his...

Excerpt: ...owner of real property located at 5171 San Vicente, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 2a(3), 3, 4.) Defendant Yolanda Frink is a tenant at the Premises pursuant to a written agreement (the Agreement) with decedent Leroy W. Noyes, Sr. (Complaint, ¶ 6 & exhibit 1.) Plaintiff alleges that the Agreement is the product of fraud or undue influence based upon the conclusive presumption of Probate Code section 21380. (Complaint, attachme...

Excerpt: ...; [email protected]; [email protected]; soliver@t ys HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoenas RULING As set forth herein, the motion of defendant Justin Sell to quash deposition subpoenas is gr is granted to quash the subpoena to San Marcos Hi gh School in its entiret y. The motion is Hi gh School and Buena Hi gh School in the followin g particulars onl y: (1) documents to be other personnel records which reflect c...

Excerpt: ...btor RULING For the reasons set forth herein, the motion of plaintiff and judgment creditor MUFG Union Bank N.A. for assignment orders and for a restraining order is denied without prejudice to the filing of a subsequent noticed motion with appropriate supporting evidence. Background On April 16, 2019, plaintiff MUFG Union Bank N.A. filed its complaint in this action for breach of contract—business line of credit agreement, money lent, and acco...

Excerpt: ...ring her employment, she was continually subjected to harassment including unconsented physical touching while working for Defendants in the form of supervisor Javier Bravo's sexual harassment and stalking because of sex and offering money or favor in exchange for sex. Plaintiff's time records reflect that the last day she clocked in for a shift at the Fresh Venture Foods facility was Saturday, September 3, 2016. Plaintiff's complaint contains on...

Excerpt: ...c. Emails: [email protected]; charanjit@weinberg- gonser.com; [email protected]; [email protected]; [email protected]; t MATTER Motion for Leave to File First Amended Direct Complaint; Motion for Leave to File First Ame n RULING The motions of plaintiff ECO Property Group, LLC for leave to file First Amended Direc t 2022 to August 30, 2022. Defendant ReProp Investments, Inc. ma y refile its summar y jud g BACKGROUND This acti...

Excerpt: ...man.com; [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the demurrer of cross-defendants Nitsa Citrine Christensen-Pomerleau and The Crystal Vision, LLC to the first amended cross- complaint of cross-complainants Sun Potion, LLC, and Scott Linde is overruled as to the first cause of action (breach of contract) and is sustained, with leave to amend, as to the second cause of action (misappropriat...

Excerpt: ...For Plaintiff Alexandro Filippini: Self-represented For Defendant Donald S. Slutzky, M.D.: Bradley C. Clark, Julia E. Murray, Schmid & Voiles TENTATIVE RULING: The motion of defendant Donald S. Slutzky, M.D., for summary judgment is granted. Procedural Background: On April 5, 2019, plaintiffs Alexandro Filippini and Stephanie Filippini filed their original complaint in this action against multiple defendants asserting two causes of action: (1) pr...

Excerpt: ...r a lawsuit in this court captioned Postcard Properties, LLC v. Somera Capital Management, LLC, et al., Case No. 17CV04361 (the “underlying lawsuit”). In the underlying lawsuit, Postcard Properties, LLC (“Postcard”) alleges causes of action for (1) breach of written contract, (2) common counts, (3) breach of oral contract, (4) fraud, and (5) declaratory relief. Postcard alleges that Somera and its president, David A. Brown breached variou...

Excerpt: ...ia, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was served, together with the ...

Excerpt: ...e Estate of Melody Ramsay, the owner of the Premises. Defendants are Christopher Shemet, Timothy Giles, Olivia Wilhelmson, Enrique Alcantar, and Alfonso Alcantar. For nearly twenty years, Melody Ramsay and Shemet resided at the Premises, though they were never married and were not registered domestic partners. In recent years, Melody Ramsay rented out three bedrooms in the Premises, the first bedroom to defendants Olivia Wilhelmson and Alfonso Al...

Excerpt: ... medical malpractice case was Þled in 7/2020. On 8/31/21 the Court ruled that: Expert witness designation date will be August 20, 2021, and the supplemental date will be September 5, 2021; the trial date and MSC date were set; there have been no motions to compel since that time; the Court's assistance has not been invited to resolve any issues. The Court expects the case to go to a MSC on the date set [10/1/21] and the trial on the date set [11...

Excerpt: ...g to Allegation II, namely, paragraph 2 (under “Allegation II”) on page 6, all of pages 17 and 18, paragraph 2 (under “Allegation II Response”) on page 185, and paragraph 2 (under “Allegation II”) on page 194. (All page references are to the pdf page number of records lodged by respondents provisionally under seal as documents to be disclosed in response to the California Public Records Act request.) In all other respects the petition...

Excerpt: ...red into a loan agreement with WebBank, Inc., a chartered FDIC insured bank, in the principal amount of $20,025.00. The loan was evidenced by a promissory note signed by defendant. After the loan was funded, defendant defaulted under the terms of the promissory note. Defendant failed to cure the default and left a balance due and owing on the promissory note in the principal sum of $19,997.87, plus interest. WebBank, Inc. subsequently sold and as...

Excerpt: ...e, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. (2) For the reasons set forth herei...

Excerpt: ...e Kidon to Confirm Arbitration Award (3) Motion of Woody Boyce Builders for Award of Attorney Fees (4) Motion of Mark Kidon and Darlene Kidon for Award of Attorney Fees RULING As set forth herein, the Court requires further information from the parties regarding the authority of the Court to award attorney fees or costs arising from the arbitration. All motions will be continued to December 21, 2021, at 10:00 a.m. Each part y ma y file and serve ...

Excerpt: ...ee named defendants, shall arbitrate plaintiffs' claims about (1) specific promises allegedly made by defendants to repair specific things (pre- and post-sale); (2) defendants' alleged failure to affirmatively disclose known defects prior to the close of escrow; and (3) defendants' alleged failure to assign applicable warranties to plaintiffs (pre-and post-sale). The construction defect claims are not subject to arbitration and shall be stayed he...

Excerpt: ...ubat for Defendants and Cross-Complainants Federal Express Corporation and German Franc Brian Leach for Defendant and Cross-Defendant Spencer Delzeit TENTATIVE RULING: The motion of defendants and cross-complainants Federal Express Corporation and German Franco contesting the application for good faith settlement determination of defendant and cross-defendant Spencer Delzeit is denied. BACKGROUND: This is an action for personal injuries arising o...

Excerpt: ...kground: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law proceeding. (See Third Amended Complaint [TAC], ¶ 11.) Hennard was a patient at defendant Asian Pacific Health Care Venture, Inc. (APHCV). (See TAC, ¶¶ 8-9.) Cook made a personal visit to the Los Feliz office of APHCV. (TAC, ¶ 8.) During that visit, an APHCV employee allowed Cook to use the employee's computer with acc...

Excerpt: ...endant Tidwell Excavation Acquisition Company, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Tidwell Excavation Acquisition Company, Inc. is denied. BACKGROUND: This is an action for personal injuries and wrongful death. Plaintiff is Cortland T. Day, the surviving spouse of the decedent, Jana Whelan (“Whelan”). Whelan was 64 years of age at the time of her death. Plaintiff brings this action, both individually and as the...