Excerpt: ...ndant: Roshni C. Kapoor (Ogletree, Deakins, et al. – San Francisco) Tentative Ruling: The court grants plaintiff Angelina Longstreth's motion to quash or limit the deposition subpoenas that defendant Agilent Technologies, Inc., issued to Paul J. Markowitz, M.D.; Sierra Rose Smargon, LMFT; and Sedgwick Claims Management Services, Inc. The deposition subpoenas shall be limited to two time periods: (1) September 24, 2017, through December 22, 2017...

Excerpt: ...ial Records ATTORNEYS: Ashley E. Flood, Deputy County Counsel, for Petitioner Joseph Holland, Santa Barbara County Assessor Jason D. Strabo for Respondents CWI Santa Barbara Hotel, LP and CWI 2 Santa Barbara Hotel, LP TENTATIVE RULING: Petitioner's Application for Order to Seal Confidential Records is granted. The specified exhibits are ordered sealed. Petitioner's Application for Order of Appearance is granted. Respondent is ordered to produce t...

Excerpt: ...iel S. Hentschke of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: The demurrer to the inverse condemnation cause of action is sustained. While the Court is doubtful that the complaint can be amended to state a valid cause of action for inverse condemnation, it will allow plaintiff leave to file a First Amended Complaint in an attempt to do so. Any such amended complaint must be filed on or before December 23, 2019. ...

Excerpt: ...ff's motion for leave to file a first amended complaint is denied. Plaintiff's allegations of misconduct are already the subject of a cross-complaint she has filed in another action. BACKGROUND: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole owners and directors of defendant Four Jays Music Company (“Four Jays”), a company responsible for collecting and distributing royalties from music composed by Jones and Riva's la...

Excerpt: ...nc.; Request for Sanctions 2. Plaintiffs' Motion for Leave to Amend the Complaint Attorneys: Plaintiffs: Jonathan C. Teller, Erik Harper (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) For Defendant Stalwart Clean & Sober: Jack H. Snyder (Wolfe & Wyman – Irvine) Tentative Rulings: 1. The court denies plaintiffs John Strumpfler and Tracy Morris's motion to compel further re...

Excerpt: ... proofs of service filed on October 9, 2019, is ordered quashed. On its own motion, the court strikes the second amended complaint, filed September 16, 2019, as not filed in conformity with the laws of this state. (2) For the reasons set forth herein, the motion of defendants Kenny Kahn, Vincent Armenta, Raul Armenta, Maxina Littlejohn, Gary Pace, Mike Lopez, and Bill Peters to quash service of summons on the grounds of lack of jurisdiction is mo...

Excerpt: ...ction was filed. Defendant would make a $4,000 payment on May 24, 2017, followed by payments of $400/month through October, 2017, and then $500/month payments through April 2020, for a total payment of $21,000. That total was to include $725.80 in court costs, and would reflect a settlement forgiveness of $17,207.23. If defendant defaulted on any payment, and failed to cure that default within seven days after written notice of default was provid...

Excerpt: ...plaintiff Roy E. Stephenson alleges that he was defrauded into purchasing a 2011 Porsche 911 Carrera S Cabriolet from defendant Desert European Motorcars, Ltd. (“DEM”), believing that it was new when it was not. The SAC alleges that DEM and defendant Porsche Cars North America, Inc. (“PCNA”) conspired to defraud plaintiff and that defendants filed fraudulent registration and title documents with the California Department of Motor Vehicles...

Excerpt: ...ly fashion. Plaintiffs made a down payment of $9,604 and a progress payment of $12,000.00. Defendants answered on August 4, 2017. On February 21, 2018, Plaintiffs filed a Notice of Settlement of Entire Case. The case was not dismissed. On February 13, 2019, Plaintiffs filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure section 664.6, a declaration from Kenneth Rideout, and a proposed order. Defendants were se...

Excerpt: ...a further response to Request for Production of Documents No. 28 is granted. SCE is ordered to produce any and all documents and information furnished to the PUC relative to the Rey Fire. In all other respects, plaintiffs' motion to compel is denied. SCE shall produce the requested materials on or before March 15, 2019. BACKGROUND: Plaintiffs Daniel Bruckner and Janell Bruckner are the owners of the Ogilvy Ranch, a rustic ranch property with mult...

Excerpt: ...bility; 2) failure to accommodate under Government Code section 12940, subdivision (m); 3) failure to engage in interactive process in violation of Government Code section 12940, subdivision (n); and 4) retaliation in violation of Government Code section 12940, subdivision (h). Defendant has filed a motion for summary judgment/adjudication against all four causes of action. According to defendant, there is no evidence – and plaintiff cannot sho...

Excerpt: ...ent on that date at the appointed time because he was called away to another matter. The Court agreed to accommodate his request to continue the matter one week so he could make his argument. Motion: Plaintiff Rabobank N.A. prevailed on summary judgment. It now seeks attorneys' fees and costs pursuant to Civil 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 o...

Excerpt: ...orestry and Fire Protection's first amended complaint. Background: Plaintiff California Department of Forestry and Fire Protection (Cal Fire) filed its complaint against Presbyterian Camp and Conference Centers, Inc. (PCCC), and Charles Eugene Cook III, asserting one cause of action for fire costs recovery under H&S Code §§ 13009 and 13009.1. The Court sustained PCCC's demurrer to the complaint with leave to amend. On November 7, 2018, Cal Fire...

Excerpt: ...clerk was entered on September 17, 2009, for $3,254.05. On November 22, 2018, plaintiff applied for a renewal of judgment, and notice of renewal was sent to the debtor on February 1, 2019. On February 26, 2019, plaintiff creditor filed a notice of hearing on claim of exemption (for hearing on March 12, 2019), along with the opposition to the claim of exemption. The levying officer (the Santa Barbara County Sheriff) filed the claim of exemption pa...

Excerpt: ...cLachlan (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: 1. The court grants, in part, defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for summary judgment or, in the alternative, summary adjudication. The court grants summar...

Excerpt: ...al Release (“SA”) resolving their disputes in this action. On April 25, 2018, the parties jointly requested dismissal of the entire action, and the court entered dismissal of the action with prejudice. The request for dismissal and the SA provide that the court is to retain jurisdiction to enforce the terms of the SA pursuant to CCP § 664.6. The pertinent terms of the SA are: 1. The parties would execute an Amended and Restated Roadway Easem...

Excerpt: ...le as new when it had been extensively used as a dealer “demo” car and seeks damages against DEM and its employees based upon the misrepresentation. On January 11, 2019, after ruling on plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, granting the motion as to eight responses and denying the motion as to 22 responses, the court stated: “The Court has already ruled on a least five discovery motions and two ...

Excerpt: ...ice, and the issue of whether service was properly accomplished at that time is not currently before the court. Background: This action for injunction, civil penalties, and equitable relief, was filed by the People on December 17, 2018. The action arises from underground storage tanks on property owned by defendants, and alleges defendants' violation of statutes and regulations related to the handling and management of hazardous materials and haz...

Excerpt: ... in the 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...

Excerpt: ...ommissioner wishes to assert the fourth, fifth, and sixth affirmative defenses, it shall filed an amended answer on or before March 11, 2019. Otherwise, the answer will stand without those three affirmative defenses. Background: On March 5, 2018, plaintiff National Family Solutions LLC (NFS) filed its unverified complaint for negligence against defendant State of California Labor Commissioner (Commissioner). NFS alleged: NFS was involved in a hea...

Excerpt: ...n. BACKGROUND: Plaintiff Anita Youabian (“Youabian”) is an employee of National Family Solutions, Inc. (“NFS”), a national organization that provides low cost legal and professional services for family law matters, including divorce, child custody, guardianships, and conservatorships. NFS's local office is located at 114 E. Haley Street, Suite C, Santa Barbara, California 93101. Defendant Alan Padley (“Padley”) worked as a salesman fo...

Excerpt: ...iff Ryan Kaufman filed his original complaint in this action against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan). The complaint alleges that Kaufman was working on premises owned, maintained, managed, and operated by defendants, when he was burned by a high voltage cable explosion. (Complaint, ¶¶ Prem.L-2, GN-1.) On February 21, 2018, Kaufman filed an amendment to the complaint identifying d...

Excerpt: ... Truman 2016 SC6 Title Trust: Jana Logan, Kirby & McGuinn RULINGS: (1) For the reasons set forth herein, the motion of defendant U.S. Bank to expunge lis pendens is granted and the lis pendens recorded in connection with this action is ordered expunged. The Court awards statutory attorney fees in favor of defendant U.S. Bank and against plaintiff Denise A. Diller in the amount of $1,770.00 in connection with this motion, to be paid to counsel for...

Excerpt: ...rein, the motion of plaintiff Tri-County Drywall & Interiors, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On September 14, 2016, plaintiff Tri-County Drywall & Interiors, Inc. (Tri-County) entered into a written subcontract (Contract) with defendant George C. Hopkins Construction Co., Inc. (Hopkins) to perform work in connection with a project known as “Mirasol” in Santa Barbara....

Excerpt: ...al denial. On November 1, 2018, plaintiff filed a motion for summary judgment or, in the alternative, summary adjudication. Plaintiff contends that it has established all elements of the common count causes of action by undisputed evidence. Plaintiff served the motion on defendant on October 31, 2018. Defendant has not filed opposition. The court grants plaintiff's unopposed request to take judicial notice of Exhibit JN-1 (Title 15 U.S.C. § 1666...

Excerpt: ...o LLP for defendant Arlington Theatre Property, LLC RULING: The motion to compel arbitration, and to stay this action pending the completion of the arbitration proceedings, is granted. Background: This is an action to foreclose a mechanic's lien and for damages, filed by Advanced Drywall Solutions, Inc. (Advanced Drywall) on November 16, 2018. The complaint alleges that defendant Arlington Theatre Property, LLC (Arlington) is the owner of real pr...

Excerpt: ...urt denies petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association's application for a preliminary injunction and dissolves the temporary restraining order issued on January 31, 2019. Background On January 29, 2019, petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association (DSA) filed a petition for traditional mandate and complaint for declaratory and injunctive relief. Respondents are the County of Santa Barbara and ...

Excerpt: ... Graham S.P. Hollis / Nicole R. Roysdon of GrahamHollis APC for plaintiff Roberto Ramirez and class. Michael Brett Burns of Hunton Andrews Kurth LLP for defendants Baker Hughes Oilfield Operations, Inc., and Baker Hughes Oilfield Operations LLC RULING: The motion for stay is granted, and the Hockison portion of the coordinated action will be stayed for approximately four months, in order to allow the United States Supreme Court an opportunity to ...

Excerpt: ...k TENTATIVE RULING: The motion of defendants to compel arbitration and stay all proceedings in this court is granted. BACKGROUND: Plaintiff Iaian Filippini (“Filippini”) is an investment advisor and a principal of plaintiff Filippini Wealth Management, Inc. (“FWM”). In 2008, defendants David B. Avrick and Jean L. Avrick initiated arbitration against Filippini and others arising out of certain investments defendants had made. In 2009, the ...

Excerpt: ... Brian J. Panish, Candice Klein, Sarah Kim, Panish Shea & Boyle LLP; Renee J. Nordstrand, Matthew M. Morrison, NordstrandBlack PC For Defendant Southern California Edison: Jason M. Booth, Paul D. Rasmussen, Benjamin L. Caplan, Booth LLP; Leon Bass, Jr., Laura A. Meyerson TENTATIVE RULING: The motion of defendant Southern California Edison Company to compel further responses by plaintiff Richard Anthony Easbey to defendant's request for production...

Excerpt: ... Respondent Carrillo Builders, Inc.: Xavier Centina TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on March 20, 2...

Excerpt: ...nd: The petition for writ of mandate filed by petitioner John Doe (John) on October 27, 2016, arose from the eight quarter (2 year) suspension imposed upon him by the Regents of the University of California (Regents), after a two- member Committee conducted a hearing to determine if John, then an undergraduate senior at the University of California at Santa Barbara (UCSB) had on June 26, 2015, sexually assaulted Jane Roe (Jane), also a UCSB under...

Excerpt: ...e order. If the conditions set forth herein are not acceptable to the parties, then the third amended petition is denied without prejudice. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101....

Excerpt: ... complying with the Code of Civil Procedure on or before March 11, 2019. All requests for an award of monetary sanctions are denied. The motions are in all other respects denied as moot. 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 (Civ. Code...

Excerpt: ...ion of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Construction, LLC (Lyles). Plaintiff alleges: On October 22, 2017, at approximately 12:46 p.m., Whelan was riding her bicycle eastbound on Carpinteria Avenue, in the Class II bicycle lane, just east of Reynolds Avenue in Carpinteria. [Complaint ¶12] At that time and place...

Excerpt: ... attachment complied with Civil Code section 1950.5. In all other respects, the motion to decertify is denied. Background: On July 8, 2015, plaintiff Harry Tran filed his first amended complaint (FAC), the operative complaint, which asserts five causes of action against defendant St. George & Associates (St. George): (1) declaratory and injunctive relief; (2) violation of Civil Code section 1950.5; (3) violation of Business and Professions Code s...

Excerpt: ...a Barbara, California 93108. The property lacks an improved access road and Sublett contends that the parcel enjoys a prescriptive easement by necessity across an adjacent parcel owned by defendant Guy Berkeley Breathed (“Breathed”) located at 810 Toro Canyon Road. In 2013, the parties settled a lawsuit that had been filed by Breathed (Santa Barbara Superior Court Case No. 1417859, contesting Sublett's claim to a prescriptive easement over hi...

Excerpt: ...nded complaint and to the third amended complaint as a whole. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. The operative complaint in this action is the third amended complaint (TAC). The court previously sustained with leave to amend defendants' demurrer to the second amended complaint (...

Excerpt: ... 6530 Seville Road, Goleta, California 93117, to defendant Ike's Place #9, LLC for operation of a retail sandwich shop. The initial lease term was for ten years with a base rent of $5,614.50 per month, plus operating expenses. In July 2018, the lease agreement was amended, effective January 1, 2018, to provide for a gross rent of $5,600.00 per month. Plaintiff contends that defendant breached the lease agreement and on December 13, 2018, defendan...

Excerpt: ...ore for unlawful detainer. The complaint alleges that Moore was hired by Davis to be Davis's personal assistant which employment included as part of its compensation occupation of a portion Davis's home located at 852 Chelham Way, Santa Barbara (the Premises). (Complaint, attachment 6a.) The contract of employment was ended by Davis on July 1, 2018. (Ibid.) Thereafter, Davis requested that Moore move out of the Premises, but Moore refused. (Ibid....

Excerpt: ...ormed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon its failure to pay $300 for tax services performed for the 2015 tax year; (2) 18CV05548, against Filippini Wealth Management, Inc., based upon its failure to pay $1,300 for payroll and tax services performed related to the 2015 and 2017 tax years; (3) 18CV05551, against Iaian Filippini, based upon his failure to pay $200 for tax ser...

Excerpt: ...leta, California 93117 to defendant Deborah Lloyd for $3,000.00 per month. Defendant subsequently defaulted in the payment of rent and on January 10, 2019, she was served with a 3-day notice to pay rent or quit. As of the date of the notice, the amount of rent due and owing was $21,000.00. Defendant failed to cure the default and on January 16, 2019, plaintiff filed his verified complaint for unlawful detainer. Defendant did not deny any of the a...

Excerpt: ...d. BACKGROUND: This is an insurance coverage dispute involving three insurance companies, plaintiff Western World Insurance Company (“Western”) and defendants Associated Industries Insurance Company, Inc. (“Associated”) and Federal Insurance Company (“Federal”). The complaint arises from an underlying wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et al., Santa Barbara Superior Court Case No. 15...

Excerpt: ... vehicle driven by defendant Kimberly Mast, and owned by Derek Mast, Kimberly Mast's husband. Henry sustained serious injuries to his right foot and ankle in the incident, including third- degree burns. His injuries were evaluated and treated at Goleta Valley Cottage Hospital on that day. Henry later underwent skin grafting to his right foot and ankle, performed on September 29, 2014, at Children's Hospital Los Angeles. While Henry's injuries hav...

Excerpt: ...eputy City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondent Santa Barbara County Board of Supervisors is sustained without leave to amend. BACKGROUND: Petitioner John De Herrera (“Herrera”) is an artist who lives and works in Santa Barbara. In 2014, respondent The Bellosguardo Foundation (“Foundation”), a 501(c)(3) non-profit corporation, was established and given title to th...

Excerpt: ...t Carolina N. Pizarro: Ronald K. Giller, Hennelly & Grossfeld LLP RULING: For the reasons set forth herein, the motion of plaintiffs Thomas D. Pickett and Catherine M. Pickett, trustees of The Pickett Family 2000 Living Trust, dated December 14, 2000, Niklas Eriksson and Adrienne Eriksson for summary judgment or alternatively for summary adjudication is DENIED. Background: This action involves a dispute over the scope of rights to easements acros...

Excerpt: ...ompel arbitration and stay proceedings. This case is on the Case Management Calendar and the Civil Law and Motion Calendar re: A motion to compel arbitration. The Court will call both matters at the 9:30 am calendar call. If the tentative is not changed, the Court will set a date for the answer to be filed [2/20/19] and a date for a CMC [3/19/19]. Petitioner Santa Barbara Nissan, LLC (SBN), petitions the Court to compel respondent Justin Damarin ...

Excerpt: ...netary Sanctions Motion for Leave to File Second Amended Complaint and Motion for Extension of Time to File a Motion to Compel Further Response to Interrogatories and Request for Production of Documents Attorneys: Plaintiffs: Self-represented For Defendants: Mark T. Coffin (Law Offices of Mark T. Coffin); Lori L Dunivan (Thomas/Lucas – San Diego) Tentative Ruling: 1. The court strikes plaintiffs' Motion for Protective Order Limiting and/or Rest...

Excerpt: ...fornia Department of Transportation, et al., Case No. 18CV00937 (Judge Sterne) HEARING DATE: January 14, 2019 MATTER: Motions (8) to Quash Deposition Subpoenas for Production of Business Records ATTORNEYS: Anthony E. Vieira for Plaintiffs Daniel Laurin O'Keefe and Kelly Anne O'Keefe Brock Christensen for Defendant National Railroad Passenger Corporation dba Amtrak TENTATIVE RULING: The tentative ruling on plaintiffs' eight motions to quash deposi...

Excerpt: ...ted: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing of this motion to discuss scheduling issues for notice and the hearing on final approval. Background: On March 16, 20...