Excerpt: ...that on July 26, 2017, Watson, while performing work for Wolfe, trespassed onto plaintiff's property located at 264 Salisbury Drive in Goleta and tore down portions of plaintiff's fence. Plaintiff further alleges that Watson assaulted and battered him with his fists, knocking plaintiff to the ground and rendering him unconscious. On July 26, 2019, plaintiff filed his complaint for trespass, assault and battery, and negligence. Watson and Wolfe ha...

Excerpt: ...District (a) is sustained without leave to amend as to the first cause of action (reverse validation), (b) is sustained with leave to amend as to the Santa Barbara County Board of Supervisors, in their capacity as the Board of Supervisors, only, as to the second (writ of mandate), third (breach of contract), fourth (breach of implied covenant), and fifth (declaratory relief) causes of action, (c) is sustained with leave to amend as to the Board o...

Excerpt: ...ted; Responses to be served no later than November 23, 2021; sanctions of $1,000 payable by November 23, 2021. Analysis This lawsuit was filed in 8/2020; Plaintiff alleges in the complaint that the case involves an automobile vs. pedestrian-negligence incident causing injury. Past medical expenses in excess of $25,000 for plaintiff Elisa Salvador including future medical treatment. Lost wages and loss of earning capacity are unknown. The parties ...

Excerpt: ...r Summary Judgment 2. CMC. CMCSs filed -- none. The Court set this date for a CMC when it set the trial date for 12/7/21. On 9/22/21 the MSC date and the Trial dates were continued based upon the stipulation filed, but this CMC date was not continued. The new trial date is 3/29/2022. Both matters will be called on the 10 am Law and Motion Calendar; no appearance necessary for the 8:30 CMC Calendar. RULINGS 1. For the reasons set forth herein, the...

Excerpt: ...not to exceed 10 pages – from both sides shall be submitted on or before Novem b no submissions respondin g to the other's side's supplemental brief, unless a material fact h that contention is made, such a brief on that issue alone will be filed by 11/22/21. Analysis This action arises out of alleged deficiencies in the construction of a custom residence in Santa B Court this day is a motion by plaintiffs to compel arbitration of the dispute, ...

Excerpt: ...“of her legal right to execute her duty as [the] attorney-in-fact in the “Advance Health Care Directive” executed by Wayne Hoyt on May 1, 2018, attached as Exhibit 2 to the operative pleading. Plaintiff recounts that she was Mr. Hoyt's fiancée and was residing with him when on June 1, 2018, Mr. Hoyt's daughter, Debra Hoyt, admitted Mr. Hoyt to Marian Medical Center. Plaintiff and Debra Hoyt had a highly contentious relationship, culminatin...

Excerpt: .... Lenkov for Defendant City of Santa Barbara Karen Harmeling for Defendant Santa Barbara Zoological Foundation TENTATIVE RULING: Motion for summary judgment of Defendant City of Santa Barbara is denied. BACKGROUND: This is a personal injury action resulting from a trip-and-fall incident. Plaintiff is Edna L. Phillips. Defendants are the City of Santa Barbara (“City”) and the Santa Barbara Zoological Foundation (“Foundation”). On May 1, 20...

Excerpt: ...f Briscoe Ivester & Bazil, LLP for plaintiff John C. Tarlton, as Trustee of the John C. Tarlton Generation Skipping Trust dated June 14, 2002. Dean E. Dennis / Jeffrey B. Bell of Hill, Farrer & Burrill, LLP for defendant Gregory B. Stanislawski, as Trustee of the Bella Vista Trust, dated April 12, 2010 TENTATIVE RULING: For the reasons articulated below, the motion will be denied. Background: Plaintiff's complaint was filed on August 9, 2018, and...

Excerpt: ...ticulated below, the Court will overrule the demurrer, and order defendant to answer the complaint on or before November 1, 2021. Background: This is an action for commercial unlawful detainer. The verified complaint, filed on September 14, 2021, attaches a written commercial lease for property located at 35 N. Calle Cesar Chavez, in Santa Barbara, for a term of 5 years, with an option to purchase the property within the initial term, and two 5 y...

Excerpt: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...

Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...

Excerpt: ...August 17, 2021, Ford filed a motion to amend the judgment pursuant to Code of Civil Procedure sections 187. It asks the court to amend the judgment to add an alias name for defendant Jesse Teniente, Jr., who now goes by the name “Jesus Teniente.” The motion was served by mail on defendant at 338 East Foster Road, Santa Maria, California. In a declaration submitted by Ford attorney David Chen, Mr. Chen declares that after an employment verifi...

Excerpt: ...rt cannot address the merits of the motion until entry of default, filed on August 12, 2020, has voluntarily been set aside. Although overlooked by plaintiff, entry of default was made one day before the notice of conditional settlement was submitted to the court, and has been left unabated since. The impact of this is clear. Once default is entered, defendants' right to appear in the action thereafter is cut off. Defendants are “out of court,�...

Excerpt: ...estors LP Julie N. Nong for Defendant and Judgment Debtor Henry Aguila TENTATIVE RULING: The motion of plaintiff Pico Rivera First Mortgage Investors LP for order to show cause (“OSC”) re contempt is granted. Defendant Henry Aguila is ordered to appear on November 1, 2021, at 10:00 a.m., in this department, and show cause why he should not be held in contempt for unlawfully interfering with the process and proceedings of this court. BACKGROUN...

Excerpt: ...s a business/employment dispute relating to a putative joint venture. Before the Court this day are two discovery motions filed by plaintiff, seeking further responses to special interrogatories and RPDs from defendants. For the reasons which follow, the motions are CONTINUED to discharge the meet and confer requirement. Discussion: In California, discovery is supposed to be self-executing. For that reason, before resorting to judicial interventi...

Excerpt: ...plaintiff to “compel discovery responses.” For the reasons which follow, the motion is GRANTED in part. Discussion: A party in receipt of a request to produce documents is entitled to only three choices: (1) a statement of compliance, which includes the actual documents (organized and labeled for ease of review) or a clear indication as to when and how the documents will be provided; (2) a statement of noncompliance based on inability, confir...

Excerpt: ...ark Sellers, the son of Rosemary Leahy. The salient allegations consist of both care custodian abuse, as well as financial abuse, by Rosemary'Leahy's lawfully wedded husband – the defendant herein. Before the Court this day is an unopposed motion by plaintiff to compel defendant's attendance at, and participation in, a regularly-noticed deposition. While the motion may have merit, the motion must be continued for further briefing. Discussion: D...

Excerpt: ...r, M.D., for Summary Judgment (3) Motion of Defendant John C. Blaustein, M.D., for Summary Judgment (4) Motion of Defendant John Anis, M.D., for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendants Santa Barbara Cottage Hospital, Inc., Mark G. Hauser, M.D., John C. Blaustein, M.D., and John Anis, M.D.: Thomas F. McAndrews, Beth Ann Neri, Alexandra J. Muehl, Reback, McAndrews, Blessey, LLP TENTATIVE RULING...

Excerpt: ...defendant TENTATIVE RULING: The demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On April 1, 2021, without any response having been filed, Unander filed her FAC agai...

Excerpt: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, plaintiff ROIC California, 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, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...

Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...

Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...

Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...

Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...

Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...