Excerpt: ...cident. Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to comp...

Excerpt: ...d when she was sideswiped at a high rate of speed by a vehicle driven by defendant Douglas Harley. Defendant did not stop at the scene, but sped away. Plaintiff reported the incident and defendant was later stopped by police officers after they observed his vehicle drifting left to right on the roadway. After making contact with defendant, the officers noted that he had red, watery eyes. The officers also detected the smell of alcohol coming from...

Excerpt: ... (2) the unredacted declaration of James P. Hart, Jr., lodged on March 8, 2019. Background: Plaintiffs Eric Gonzales and Diana Gonzales and defendant A&S Coldplaning entered into a stipulation, initially dated April 16, 2018, for the parties to arbitrate their claims subject to a maximum and minimum award to plaintiffs. (Hart decl., exhibit 1.) The maximum and minimum amounts are redacted from the public file version of the stipulation because th...

Excerpt: ...t 1521½ Santa Rosa Avenue in Santa Barbara and plaintiff shall be entitled to an award of attorney fees and costs in the amount of $4,333.37. For convenience, plaintiff may deduct the award of fees and costs from the amount deposited, for a net deposit of $100,804.17. Background: Barrett Daffin Frappier Treder & Weiss, LLP, filed a complaint in interpleader for $105,137.54 in surplus proceeds not disbursed following the non-judicial foreclosure ...

Excerpt: ...or judgment on the pleadings is denied. Background: These are two consolidated actions. The lead case is 1998 Ampersand Aviation, LLC, etc. v. Esperer Holdings, Inc., case number 17CV04837. The lead case is consolidated with 1998 Ampersand Aviation, LLC, etc. v. Federal Express Corporation, case number 17CV04854 (the consolidated case). (1) Allegations of Plaintiff's Complaint in Lead Case The plaintiff in the lead case is “1998 Ampersand Aviat...

Excerpt: ...s-complainant Roxanne Doree contesting the application for determination of good faith settlement of cross-defendants Jonathan Lisowski and Jessica Roth is denied. The Court finds that the settlement between plaintiffs Kirk Martin and Randee Martin and cross-defendants Jonathan Lisowski and Jessica Roth was made in good faith, barring all present and/or future claims against Lisowski and Roth for indemnity, contribution, and/or declaratory relief...

Excerpt: ...La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of the Third Amended Complaint as to Plaintiff Norm Salter (2) Motion of Cross-Defendants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of Cross-Complaint of Dilip Ram ATTORNEYS: For Plaintiffs and Cro...

Excerpt: ...fendants Martin Jarchow and Summerland Builders Edward J. Valdespino for Defendant American Bankers Insurance Company Caryn Brottman Sanders for Defendant Universal North American Insurance Company TENTATIVE RULING: The demurrer of defendant Martin Jarchow to plaintiffs' first, second, and third causes of action for negligence, negligent misrepresentation, and fraud is overruled. Defendant shall file and serve his answer to plaintiffs' first amen...

Excerpt: ... 2019. BACKGROUND: In April 2017, plaintiff Carla Jonasson began working for defendant James Gelb as a personal assistant and housekeeper. In exchange for plaintiff's services, defendant provided room and board to plaintiff and her two children in his house, but no salary. Plaintiff's duties usually began around 8:30 a.m. and often continued to 9:00 or 10:00 p.m. Plaintiff was required to clean defendant's house, do his laundry, prepare his food,...

Excerpt: ...of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and cross-defendants Trigild...

Excerpt: ...pleading defects. Background: Plaintiff's complaint, filed on June 28, 2018, alleges causes of action for negligence, breach of the warranty of habitability, and nuisance, based upon allegations that she sustained personal injury and property damage from mold which grew in her rental property. She names as defendants John W. Seedorf, Enid K. Seedorf, Seedorf Family Trust, Sierra Properties, Nancy Kaller, and Mariella Stockmal. The defendants are ...

Excerpt: ... (2) For the reasons set forth herein, hearing on the motion of plaintiff Cinthya Saavedra for approval of the PAGA settlement will be continued to the date of the hearing on the final approval of the class action settlement, which date is to be determined at the hearing of these motions. Background: Defendant Cliff View Terrace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzi...

Excerpt: ...o state a cause of action. The demurrer is overruled as to the first cause of action. Cross-complainants shall file and serve their second amended cross-complaint on or before April 11, 2019. Background: As alleged in the first amended cross complaint (FACC): Cross-complainants Santy Kazali and Harry Kazali own and operate the Days Inn Santa Barbara, a hotel located at 116 Castillo Street in Santa Barbara (the Hotel). (FACC, ¶ 3.) In November 19...

Excerpt: ...onses to special interrogatories, set one, Nos. 1, 2, 4, 6, and 20, and to form interrogatories, set one, Nos. 2.5, 3.4, 3.6, 6.2, 6.3, 6.4, 6.6, 9.1, 9.2, 10.1, 10.3, 12.6, and 17.1. In all other respects, including the parties' requests for awards of sanctions, the motion is denied. (2) As set forth herein, the motion of defendant Brenner to compel further responses to request for admissions is granted in part and denied in part. The motion is ...

Excerpt: ...me. The court does not rule upon the sufficiency of the supplemental responses served after the filing of this motion. The court awards monetary sanctions in favor of the moving defendants and against plaintiffs Joseph F. Drum, Jr., and William Moody, and their counsel, Collins Ford LLP, jointly and severally, in the amount of $1,000 to be paid to counsel for the moving defendants on or before April 11, 2019. In all other respects the motion is d...

Excerpt: ... City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondents Jeremy Lindaman, Dick Wolf, and The Bellosguardo Foundation to petitioner's first amended petition for writ of mandate is sustained without leave to amend. BACKGROUND: In this action, petitioner John De Herrera (“Herrera”), a local artist, seeks a writ of mandate commanding respondents Jeremy Lindaman (“Lindaman”), Dick ...

Excerpt: ...er; David R.E. Aladjem, Meghan M. Baker, Samuel Bivins, Downey Brand LLP For Defendants Ventura County Waterworks District No. 1, Ventura County Waterworks, District No. 19, and Ventura County: Michael J. Van Zandt, Nathan A. Metcalf, Sean G. Herman, Hanson Bridgett LLP (For other appearances see list) RULING: For the reasons set forth herein, plaintiffs' motion to be relieved of its service obligation under Code of Civil Procedure section 836 is...

Excerpt: ...e police station, he was detained in the vehicle where the police officers rolled up the windows and told him he would be punished if he asked for water and help. He was dehydrated and had another panic attack. The complaint alleges the following causes of action against the city of Santa Maria: (1) general negligence; and (2) intentional tort.[1] The City of Santa Maria (“City”) demurred to the complaint on the basis that plaintiff failed to...

Excerpt: ...nd plaintiff is ordered to pay to defendant the amount of $5,325. The motion for issue or evidence sanctions is denied, based upon the motion's failure to include the mandatory separate statement required by California Rules of Court, rule 1.345(a)(7) for such motions. The Court issues a further order compelling plaintiff to appear for the continued deposition and the IME, as outlined below, and cautions her that if she fails to appear for either...

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: ...s scheduled for March 20 and trial for March 22. Motion: Wollman moves for summary judgment on the ground that Jezek has waived termination of the tenancy by accepting money orders for rent in the amount of $1,500 on February 12 or 13, 2019. Under the rental agreement, rent is due on the 12th of each month. The February 12 rent payment was for rent through March 11, which is beyond the date of termination of the tenancy. In an unlawful detainer a...

Excerpt: ...at 9:30 a.m., in this department, why each of these cases should not be re-transferred forthwith to the Small Claims Court. Background: Defendant Meister & Nunes, P.C. (Meister) is owned by Shelley Nunes. On November 9, 2018, it filed separate actions in Small Claims Court based upon separate debts owed to it for tax services performed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon it...

Excerpt: ...ately resulted in his arrest for resisting an officer, and he contends that Santa Barbara Sheriff's Department Deputy Colbin Spears (actually Derek Spears) used excessive force in effecting the arrest, causing him great pain and injury. The next day, he filed a FAC alleging 5 causes of action, including assault, battery, false arrest, imprisonment, negligence, intentional infliction of emotional distress, and violation of 42 U.S.C., § 1983. At a...

Excerpt: ...be an exhaustive recitation of the background of this proceeding, and is set forth only to provide a basis for understanding the issues raised by the petition. To the extent that additional facts not contained herein prove relevant to the Court's analysis, they will be discussed in the Court's analysis of the issues.] This proceeding was filed after the California Coastal Commission, on de novo appeal from the County's grant of a Coastal Developm...

Excerpt: ...ive, the Court prefers to address such issues on demurrer or other appropriate motion. This action arises from a motor vehicle accident. While plaintiff's original complaint alleges that the accident occurred on October 16, 2017, that allegation was clearly a typographical error, as the complaint itself was filed 3 days prior to that date, on October 13, 2017. The complaint alleges that defendant's conduct was in violation of laws related to spee...

Excerpt: ... management of Williston Financial Group, LLC, a nationwide title and escrow company established in 2009. Three of the defendants are Williston Financial Group, LLC, Williston Holdings, LLC, the parent company and sole owner of Williston Financial, and Patrick F. Stone, the CEO of Williston Financial and Williston Holdings. The other defendants are GGC Opportunity Fund Management, L.P., GGC Opportunity Fund Management GP, Ltd., and GGC Co-Invest ...

Excerpt: ...cito Street, Santa Barbara, California 93103. In 2015, defendants helped plaintiff avoid foreclosure on $440,000.00 loan from Fidelity Mortgage Corporation by purchasing the Fidelity note. Defendants purchased the note to allow plaintiff to remain in good financial standing while it secured more permanent financing elsewhere. Defendants allegedly promised not to foreclose on the property and to allow plaintiff to continue using its facility unint...

Excerpt: ...ruling included a discussion of a procedural problem with the notice of motion filed on June 7, 2018. The court did not discuss the amended notice of motion filed on October 31, 2018, leaving the court's discussion of the notice issues incomplete. The hearing was continued to this date to address the amended notice. The discussion of these issues is set forth below. The motion is opposed by the Intervenors (representing Goss-Jewett's interest as ...

Excerpt: ... maintained, managed, and operated by defendants when he was burned by a high voltage cable explosion. On November 14, 2017, plaintiff filed an amendment to the complaint identifying defendant Daketta Los Carneros, LLC (Daketta) as defendant Doe 2. On December 13, 2017, plaintiff filed an amendment to the complaint identifying Los Carneros Opportunity, LP (Opportunity) as defendant Doe 6. After the demurrer by defendants Daketta and Opportunity w...

Excerpt: ...of mandate filed by Thomas Felkay, as trustee of the Emprise Trust. The Court will consider setting a trial date to address the two counts of inverse condemnation [Temporary Regulatory Taking; U.S. Const. amend. 5; Cal. Const., art. 1, § 19] and invites your recommendations as to what those dates should be. Background: Thomas Felkay, as trustee of the Emprise Trust (“Emprise”), filed his petition for writ of mandate and complaint for inverse...

Excerpt: ...for Admissions Be Deemed Admitted ATTORNEYS: Luis Alberto Padilla, Plaintiff In Pro Per Christopher Wilson, Defendant In Pro Per Nicole E. Hornick for Defendants Envision Healthcare Corporation and AMR, Inc. RULING: The motion for summary judgment of defendants AMR and Envision Healthcare is granted. Judgment is ordered entered in favor of AMR and Envision Healthcare and against plaintiff, together with costs. Defendants' three other motions are ...

Excerpt: ...hear from them twice. This case shares a common profile with many cases that are tried before the court in a unified manner on a regular basis. There are ways other than bifurcation to make sure that the presentation of damages issues in the case is properly controlled and fair to both sides of the case, in terms of duplicative or repetitive testimony and evidence- the court expects a reasonable and efficient presentation of the case. ...

Excerpt: ...er Beary Jeffrey P. Walsworth / Elizabeth L. Huynh of WFBM, LLP for defendants Fiore Management LLC a.k.a. Canndescent and Adrian Z. Sedlin James A. Anton for intervenor HCB Financial Corp. TENTATIVE RULING: The motion for reconsideration is denied. The Court finds that the new facts asserted by moving parties do not provide a basis for reconsideration of its prior ruling on the intervention issue. Background: Intervenor HCB Financial Corp. (HCB)...

Excerpt: ... appear for a neurological IME with Dr. Ludwig on or before April 25, 2019, is granted. Defendant is awarded monetary sanctions against plaintiffs and their attorneys, jointly and severally, in the sum of $3,800.00. BACKGROUND: This is an action for personal injuries stemming from an automobile versus two pedestrian accident. On January 23, 2017, at approximately 6:30 p.m., plaintiffs Michael Hines (“Michael”) and Marlene Hines (“Marlene”...

Excerpt: ...H ICON's counsel granted an extension for Ike's Place to answer until March 4. Ike's Place filed an answer on that date. (SH ICON says it was not filed then but court records reflect that it was.) On January 30, 2019, Ike's Place filed a verified complaint for breach of contract and fraud against SH ICON (Case No. 19CV00530). Ike's Place alleges that it exercised a termination option in its initial lease. Ike's Place further alleges that it agree...

Excerpt: ...he City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and c...

Excerpt: ...ross-defendant 220 W. Gutierrez, LLC, for summary judgment is denied. (1) Motion for Determination of Good Faith Settlement Background: This action involves toxic contamination in and around property located at 220 W. Gutierrez Street, Santa Barbara. Plaintiff 220 W. Gutierrez, LLC, is the present owner of the property located at 220 W. Gutierrez Street (the Property or Site). (Till decl., ¶ 3.) Plaintiff and State of California Department of To...

Excerpt: ...ot and the court orders it off calendar. As to plaintiff Joe F. Carrari, the court continues the hearing on the demurrer and motion to strike to March 20, 2016, to determine representation of Joe F. Carrari's interests in this case. Complaint and Background: On October 5, 2018, plaintiffs Joe F. Carrari, Sylvia Ramirez, Angelina Dettamanti, and J.P. Herrada filed their complaint for intentional tort against defendant County of Santa Barbara. Plai...

Excerpt: ...amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP. The pa...

Excerpt: ...e negligent in their diagnosis, examination and care and treatment of plaintiff Nicole McKernan. That negligence included negligent prenatal care and treatment, and failure to diagnose and treat preeclampsia. As a result of the negligence, Nicole McKernan suffered a seizure and permanent brain damage. The complaint named as defendants Santa Barbara Cottage Hospital, Heather Terbell, M.D., and Bonnie Dattel, M.D. After Dr. Terbell filed a motion f...

Excerpt: ...eave to amend.” If plaintiff elects to amend, the amended complaint must be filed by March 22, 2019. Background The complaint in this case was filed 5/15/18; the case has been continued three times because plaintiff was attempting to secure service; apparently that was accomplished, at least in part, albeit there is no Proof of Service on anyone filed. The Demurrer was filed on 1/22/19 by only two of the five defendants named in the complaint, ...

Excerpt: ...l Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page of the fee motion's points and authorities, the motion states that it seeks $14,362.50 in fees and $291.61 in legal expenses arising under the contract, and $1,115 as statutory costs of litigation as a prevailing party, for a total of $17,954.41. (p. 1, lines 3-4.) The Court notes that these figures actually a...

Excerpt: ...014. Attached to the complaint are two exhibits: 1) Exhibit A consists of bill statement by “PayPal Smart Connect” to defendant for $1,188.46 on account number ending in 1803, with a closing date of November 4, 2016; this documents indicates that defendant made a $45 payment on October 25, 2016; 2) Exhibit B consists of a bill statement by “PayPal Smart Connect” to defendant for $1,563.09 on account number ending in 1803, with a closing d...

Excerpt: ...intiff Swim Collective, LLC, filed a complaint against defendant Jane Preston asserting causes of action for declaratory relief, intentional interference with contract, and negligent interference with contract. On April 21, 2017, Preston answered the complaint and filed a cross-complaint against Swim Collective and Shannon Leggett, a manager, officer, and owner of Swim Collective. The cross-complaint asserts the following causes of action: 1) non...

Excerpt: ...Huff, Colin E. Barr, Enrique M. Vassallo, Orbach Huff Suarez & Henderson LLP RULING: For the reasons set forth herein the motion of defendants State Street Property, LLC, and North American Specialty Insurance Company to stay action, to continue trial, and for leave to amend the answer is denied in its entirety. Background: Plaintiff George C. Hopkins Construction Co., Inc., (Hopkins) filed its original complaint in this action against defendant ...

Excerpt: ...nise Skinner, Gerald Skinner, and Jeff and Joyce Yonce Loren L. Lunsford for Defendant and Judgment Debtor William Milks RULING: The motion of defendant and judgment debtor William Milks to vacate the entry of judgment on sister- state judgment is denied. BACKGROUND: Plaintiffs and judgment creditors Dwight J. Baum, individually and as Trustee for the Dwight C. and Hildagarde E. Baum Trust, Robert Benjamin, Diane Benjamin, Joe Mloganoski, Nancy S...

Excerpt: ... failed to appear on November 9, 2017, the warrant issued, and the court ordered John Richards be held on $10,000 bail. He was ultimately arraigned on February 21, 2018, and released on a $10,000 bail bond (ending in #6689) submitted by Lexington National Insurance Corporation (“Lexington”) on February 23, 2018. On March 5, 2019, a second bond in the amount of $10,000 (ending in #1759) was submitted by Lexington on behalf of the defendant. On...

Excerpt: ...shman of Bradley & Gmelich LLP for defendants Santa Barbara Public Market, LLC and Victoria Street Partners, LLC; Michele L. Gamble / Rebecca J. Chmura of Collins Collins Muir + Stewart LLP for defendants Samuel Hedgpeth and Sonia Rosenbaum; Heather L. Rosing / Earll M. Pott / Brittany M. Vojak of Klindinst PC for defendants Jasmine Hale and Adams Stirling PLC RULING: The preliminary injunction is denied, and the TRO is dissolved. Background: Pla...

Excerpt: ...roup of Santa Barbara, Inc.: Timothy J. Trager, Meghan K. Woodstone, Reicker, Pfau, Pyle & McRoy LLP TENTATIVE RULING: The motion of defendants Pueblo Radiology Medical Group, Inc., and Pueblo Radiology Medical Group of Santa Barbara, Inc., for summary judgment or alternatively for summary adjudication will be denied in its entirety. Background: In the operative pleading, plaintiff John J. Stef's second amended complaint (SAC), Stef alleges a sin...

Excerpt: ...cuments, Set One, and Sanctions Attorneys: For Plaintiffs: Philip D. Dracht; Jeffrey L. Oakes (Beary & Oakes – New Orleans) For Defendants Fiore and Sedlin: Elizabeth L. Huynh (WFBM, LLP – Orange) Tentative Ruling: The court grants, in part, defendant/cross-complainant Fiore Management LLC aka Canndescent's motion for orders compelling verifications, privilege logs, and responses/further responses to requests for production of documents, set ...