Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...

Excerpt: ..., 4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Def...

Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...

Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...

Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments...

Excerpt: ...nt in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00338 (Probate Case). (Complaint,...

Excerpt: ...mplaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...

Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...

Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...

Excerpt: ...denies defendant Sonia Rosenbaum's motion to disqualify plaintiff's counsel. The Court denies plaintiff Jane Doe's request for expenses. 2. The Court grants the motion of defendants Alma Del Pueblo Owners Association and The Management Assoc., Inc., to disqualify James F. Scafide as counsel for plaintiff Jane Doe. Background Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The...

Excerpt: ...intiff.” Presumably, this involves a default on a consumer credit debt. Defendant filed an answer on standard Judicial Council forms, as follows: “Defendant admits that all of the statements in the complaint . . . are true EXCEPT: [¶] Defendant claims the following statements are false []: “None.” Defendant prays for the following: “I'm willing to pay $1,000 right away and would like to make payment arrangements for the remaining balan...

Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...

Excerpt: ...ecting the parties to complete the deposition of Milton Grajeda. To the extent the motion seeks monetary sanctions, it is granted in the amount of $900, constituting the attorneys' fees incurred by 530 Anapamu to oppose plaintiffs' unsuccessful ex parte application to compel further discovery responses. Background: On July 24, 2014, plaintiffs Mary Kadak, Milton Grajeda, Mardoqueo Grajeda, Rufina Grajeda, Analise Grajeda, and Brandon Grajeda file...

Excerpt: ...'s license at the time he was arrested on April 29, 2018 for driving under the influence of alcohol. At the time of his arrest, Mr. Graybill was served by the arresting officer with a notice of “administrative per se suspension/revocation order and temporary driver's license.” He sought an administrative hearing from the Department, and a stay of the suspension/revocation pending the determination of whether to set aside or reinstate the susp...

Excerpt: ...twalk, while unaware that the utility closet contained a high voltage transformer. In doing so, he drilled into the high voltage equipment, and sustained serious injuries and burns when the equipment exploded, he caught fire, and he fell off the ladder. Plaintiff filed his original complaint on July 12, 2017, against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan), alleging causes of action for st...

Excerpt: ...r before May 24, 2019. In the event that Gerrity does not by that date serve the verified statement of no claim regarding the absence of Gerrity's signature as discussed herein, then Gerrity shall also serve on or before May 24, 2019, copies of all responsive documents to request numbers 24, 25, and 26, redacted as permitted herein. Plaintiffs' request for an award of monetary sanctions is denied. Background: On February 23, 2018, plaintiffs Line...

Excerpt: ... Municipal Court entered a default judgment for plaintiff Ford Motor Credit Company, transferee of Pacific Coast Ford, against Angelina Robles and Adrian J. Robles in the amount of $2,651.62. The judgment was renewed in 2003 and again on October 18, 2012, in the amount of $9,336.94. Motion: Plaintiff moves to amend the judgment to reflect two other names by which defendant Angelina Robles is known; to wit: Angelina Saracho and Angelina Robles-Sar...

Excerpt: ...ne Lorenzo-Weeks's motion to strike portions of plaintiff Shawn Donnell Parker's first amended complaint. Background: On October 13, 2017, plaintiff Shawn Donnell Parker commenced this action. With leave of court, he filed a first amended complaint (“FAC”) on March 21, 2019. Parker alleges: On October 16, 2015, at approximately 1:20 p.m., Parker was driving his vehicle northbound on U.S. Hwy 101 in Ventura. [FAC ¶6] At the same time, defenda...

Excerpt: ... California (People) filed their complaint in this action for injunction, civil penalties, and other equitable relief. The action is brought by the District Attorney of Santa Barbara County in the public interest pursuant to Business and Professions Code sections 17204 and 17206 and as requested by the Santa Barbara County Certified Unified Program Agency (CUPA) pursuant to Health and Safety Code sections 25182, 25299.02, and 25515.7. (Complaint,...

Excerpt: ... to five other owners as follows: The complaint requests partition by sale. A preliminary report performed by Chicago Title Company and dated July 23, 2016 is attached to the complaint which appears to confirm the alleged ownership interests. . Discussion Regarding Status of the Parties An Answer was filed by Stephen Gabbert, Nora Minnies (Fox), and Thomas Gabbert collectively, all of whom deny knowing the exact percentage of the interests owned ...

Excerpt: ...ir competition when it failed to expressly indicate in its advertising that nonmembers could purchase numerous categories of goods and services. But for this omission, contends plaintiff, he would not have purchased his $60 membership on July 7, 2017. Defendant has filed a motion for summary judgment as to both causes of action, claiming there is no evidence to show it engaged in false or misleading advertising; plaintiff cannot show he suffered ...

Excerpt: ...uentes Paul V. Ash for Defendants Petra Avendano and Jaime Guerrero TENTATIVE RULING: Defendants' motion to strike the punitive damages allegations in plaintiffs' first amended complaint is granted. Plaintiffs shall have to and including May 23, 2019, to file a further amended complaint. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on June 27, 2018, plaintiffs Eustacio ...

Excerpt: ...quest for Monetary Sanctions ATTORNEYS: John B. Richards for Plaintiffs Crystal R. Kerrigan and Madilyn R. Schrader, by and through her Guardian ad Litem Crystal R. Kerrigan Lacy L. Taylor for Defendants David Gerrity and Janette Van Hirtum TENTATIVE RULING: The motion of defendant David Gerrity to compel IME of plaintiff Crystal R. Kerrigan and request for monetary sanctions in the amount of $2,540.00 is granted as set forth herein. The motion o...

Excerpt: ...ntative of the Estate of Carolyn Jane Winther, to the second, third, and fourth causes of action in plaintiffs' complaint, as to plaintiff Walter J. Henning, individually and as trustee of the Walter C. Henning Trust and as trustee of the Caroline Henning Trust, and as to plaintiff James E. Henning, without leave to amend. The court overrules the demurrer in all other respects. 2. The court denies the motion of defendant John Mogens Henning to st...

Excerpt: ... to Seal Documents Filed Conditionally Under Seal in Connection with Plaintiff's Motion for Catalyst Fees and Expenses and makes the limited sealing order discussed below. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Cod...

Excerpt: ...dividually and as trustees for the Najera Trust UDT 3/6/2000, and Dan Najera filed their complaint for negligence, trespass, nuisance, and assault against defendants Leslie Kay Cavanagh and Rudolph Collaso. Plaintiffs allege that, on June 4, 2015, Collaso, Cavanagh's employee and tenant, threatened Dan Najera with an axe and caused substantial damage to the property of Arthur and Barbara Najera. On February 25, 2019, defendant Collaso, who is cur...

Excerpt: ...nd June 30, 2018, at which time he was removed as principal by the Santa Barbara Unified School District (District), and reassigned as a classroom teacher. In response to his removal as principal, Behrens on May 21, 2018, filed a verified petition for writ of mandate (Code Civ. Proc., § 1085) or alternative writ of mandate (Code Civ. Proc., § 1087), seeking reinstatement to his position as principal of SMHS and any back pay or benefits that wer...

Excerpt: ... involves real property situated at 9235 Alisos Canyon Road, Los Alamos, California, known as Parcel 3 of Parcel Map No. 14,267 as filed in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"), including a strip of vineyard land. Krankl alleges that since August 2014, defendant Rowles has engaged in a pattern of encroachment and subtle interference with Krankl's easement rights. On August 17, 2018, Rowles filed a verified cross-complaint ...

Excerpt: ...and as trustees of the Merle and Marilyn Taylor Living Trust UTD July 26, 1995: Lacy L. Taylor, John J. Thyne III, Law Offices of John J. Thyne III For Defendant and Cross-Defendant Robert Houston, Jr., and Defendant Linda Lukas: Self-represented For Defendant Any Kind Loan Funding, Inc.: not represented For Defendant Andrew Dioli and Defendants and Cross-Defendants Rushmyfile, Inc., and FMC Lending: Edward T. Weber, Kristi M. Wells, Law Offices ...

Excerpt: ...he complaint in this case. Complaint: On January 4, 2019, plaintiffs Rodrigo Isidro De Jesus and Gregoria Julita Garcia-Osorio filed their complaint against defendants California Highway Patrol (CHP), State of California (State), and Felipe Amalio Hernandez. As relevant here, plaintiffs allege: Defendant Hernandez operated a vehicle owned by CHP and State in the course and scope of his employment. [¶¶19, 20] On May 1, 2018, Hernandez operated t...

Excerpt: ...ING: For the reasons set forth herein, the motion of defendant Tarek Suleimanagich for judgment on the pleadings is denied as untimely. Background: Plaintiff Laura Dewey filed her original complaint in this action against defendant Tarek Suleimanagich on August 14, 2017. The complaint asserts two causes of action against Suleimanagich: (1) breach of written contract; and (2) common counts for account stated and for services rendered. The contract...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: The court continues the hearing on defendant's motion to June 3, 2019. Defendant Angelina Dettamanti shall file and serve a supplemental brief as set forth herein on or before May 6, 2019. Any other party may file and serve a response to this supplemental brief on or before May 13...

Excerpt: ...This is a collection action that plaintiff Wells Fargo Bank, N.A., filed against defendant Oscar Camacho. On November 18, 2016, the parties filed a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6. The entered its order dismissing the action and retaining jurisdiction pursuant to CCP § 664.6. The stipulation provided for judgment in the amount...

Excerpt: ...ndants HomePeople Corporation dba Romio and Tarik Sansal. The complaint alleges causes of action for breach of contract, money lent, money had and received, and promissory fraud. On October 28, 2015, counsel for the parties filed a notice reporting progress in settlement talks with the expectation of a forthcoming settlement agreement. On December 9, 2015, plaintiffs filed a request for dismissal of the complaint with prejudice. Dismissal was ent...

Excerpt: ...ad by locking “one or more gates,” thereby preventing Louderbacks' use of the access road. Louderbacks ask the court to restore and preserve access to and from their property over the access road through Walking U Ranch's property. The Louderbacks filed their second amended complaint on June 1, 2018, against defendants Walking U Ranch, as well as all others who hold any interest in an near Miranda Canyon and Cuyama Valley, alleging causes of ...

Excerpt: ...rks Commission (“HLC”) denying an application to operate a residential unit as a short term rental (“STR”). Petitioner/plaintiff Catt Properties, LLC (“Catt”) owns property at 101 West Anapamu Street in Santa Barbara, on which there is an 8,894 square-foot building containing an existing 1,007 square foot residential unit on the fourth floor of the four-story building. Catt alleges: City has allowed STRs for decades, issuing business ...

Excerpt: ...rr filed his complaint in this action asserting a single cause of action for professional negligence against defendant Bret Davis, M.D. The complaint alleges that Dr. Davis breached the applicable standard of care by failing to recommend or obtain a biopsy, causing delay and resulting injury to Carr. (Plaintiff's Response Separate Statement [PSS], undisputed facts 1-3.) On January 31, 2019, Dr. Davis filed this motion for summary judgment. The mo...

Excerpt: ...e property of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allege...

Excerpt: ...McLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: The court grants defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for leave to file second amended answers to complaint. Background: On December 27, 2016, plaintiffs Co...

Excerpt: ... Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. 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:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal Commission and State Coastal Conservancy:Xavier Becer...

Excerpt: ...confirmation conference scheduled for July 29, 2019. Defendant/cross-complainants have filed a motion to amend their answer to the second amended pleading, to add a new allegation to the first amended cross complaint, and to renew the 9 th cause of action originally contained in the first amended cross-complaint, scheduled for April 24, 2019. There are two motions before the court for hearing on April 9, 2019. The first motion is a request for an...

Excerpt: ...alth dba Santa Barbara Cottage Hospital, Inc.). The causes of action are medical negligence, medical battery (against Dr. Zerey only), and loss of consortium. Motion: SBCH moves for summary judgment. Plaintiffs have filed a notice of non-opposition to the motion. 1. Facts: The following facts are from SBCH's unopposed separate statement of undisputed material facts. In February 2014, Ms. Simmons presented to SBCH for a laparoscopic gastric bypass...

Excerpt: ...mination case. On January 1, 2013, plaintiff Linea Polk (“Linea”) and her daughter, plaintiff Shannon Polk (“Shannon”), began residing at 512 E. Victoria Street, Santa Barbara, California 93101 pursuant to a written lease agreement with defendant David W. Gerrity (“Gerrity”). Defendant Janette Smidt (“Smidt”) managed and supervised the property for Gerrity. In January 2017, defendants removed a portion of the roof of the unit to m...

Excerpt: ...endant and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman, in the amount of $206,304.37. (2) For the reasons set forth herein, the motion of defendants and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman for an award of attorney fees and reimbursement of litigation expenses is denied. (3) For the reasons set forth herein, the motion of plaintiff...

Excerpt: ...homas P. Gmelich for Defendant Victoria Street Partners, LLC Michele L. Gamble for Defendants Samuel Hedgpeth and Sonia Rosenbaum Earll M. Pott for Defendants Jasmine Hale and Adams Stirling, PLC RULING: The special motion to strike of defendants Jasmine Hale and Adams Stirling, PLC is granted. Causes of action 21 through 26 in plaintiff's first amended complaint are ordered stricken without leave to amend. Moving defendants are awarded their att...

Excerpt: ...aniel Brucker and Janell Brucker's motion to compel further responses to request for production of documents, set one. The Trial Date of 6/25 and the MSC Date of 6/7 are confirmed. Background: Plaintiffs Daniel Brucker and Janell Brucker are the owners of the Ogilvy Ranch, a ranch property in Santa Barbara County. In August 2016, the ranch sustained damage as the result of the Rey Fire, a wildfire that started near Paradise Road in the Los Padres...

Excerpt: ...Trial Date of 5/7 and the MSC of 4/12. Background: Plaintiff Denise A. Diller's sole remaining cause of action against defendant Rushmore Loan Management Services LLC is negligence. MSC is scheduled for April 12 and trial for May 7, 2019. Motion for Summary Judgment/Adjudication: Defendant Rushmore moves for summary judgment or, in the alternative, summary adjudication. Plaintiff Diller opposes the motion. 1. Issues Regarding Pleadings: Diller ha...

Excerpt: ...l the Court's secretary's telephone at 882-4570 who will get me from the bench to rule on any objections that might arise. Since this is the third time her deposition has been set, if Lana does not go forward with this deposition and does not complete the vocational examination, she will not be permitted to testify. The suggestion of written questions is rejected. The Court has selected a date after the date recommended by Lana's doctor and her a...

Excerpt: ...dents The Mayor and City Council of City of Santa Barbara RULING: The motion for judgment on the pleadings of respondent City of Santa Barbara is granted without leave to amend. BACKGROUND: This matter concerns real property located at 1407 East Cabrillo Boulevard in Santa Barbara known as Bellosguardo. The 23-acre property belonged to the late mining heiress Huguette Clark. Ms. Clark died in 2011 and left the property by will to The Bellosguardo...

Excerpt: ...Egan, et al. (Manning & Kass, et al. – Los Angeles) For Defendant Chen: Stephen F. McAndrew (Kaufman McAndrew – Encino) Ruling: The Court overrules defendants Pierre Chao, John Mei, Christopher Holmes, Charles Miller, and David Oldham's demurrer; defendant Lynn Chen's demurrer; and defendant Mark Shaw's demurrer to the complaint of plaintiff Corporate Recovery Associates, LLC, as Trustee for the Liquidating Trust of Channel Technologies Group...