Excerpt: ...ng Christopher P. Wesierski / Michelle R. Prescott of Wesierski & Zurek, LLP for defendant Thomas Wilber Swiggum TENTATIVE RULING: The motion is denied. Background: Based on the information before the Court, on the evening of March 12, 2020, plaintiff Chenyi Huang and her boyfriend, David Ding were waiting on the north side of Calle Real in Goleta for the “walk” signal at the mid-block, signal- controlled, pedestrian cross-walk. Ding had acti...

Excerpt: ...otion “to quash” is GRANTED in part. Pertinent Background This civil action was commenced on 02/26/18 with the filing of a complaint for damages. On 01/11/19, this Court set a trial date of 05/10/19. On 02/11/19, this Court entered the parties' stipulation for a trial continuance to 11/08/19. On 03/15/19, this Court granted a defense motion to compel plaintiffs' attendance at various IMEs. Plaintiffs timely appeared as ordered, and were exami...

Excerpt: ...t is granted in part and denied in part. The motion is granted, without leave to amend, to strike paragraph 14 of the first amended cross-complaint as the improper pleading of evidentiary matter. The motion is in all other respects denied. (3) Cross-defendant Forest Construction Co., Inc., shall file and serve its answer to the first amended cross- complaint, as it exists following the granting in part of the motion to strike, on or before Octobe...

Excerpt: ...ackground: As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs CWI Santa Barbara LP (CWI 1) and CWI 2 Santa Barbara LP (CWI 2) are affiliated limited partnerships. (FAC, ¶¶ 1, 2.) CWI 1 and CWI 2 (collectively, plaintiffs) were at all relevant times joint owners of the real property located at 9301 Hollister Avenue, Goleta, where plaintiffs operate a hotel business known as “The Ritz-Carlton Bacara, Santa Barbara.” (FAC, ¶ ...

Excerpt: ...lse promise; 2) quiet title; 3) quiet title by adverse possession; 4) civil conspiracy; 5) breach of oral contract; 5) breach of implied in fact contract; 6) breach of the implied covenant of good faith and fair dealing; 8) unjust enrichment; and 9) declaratory relief. The allegations involve residential property located at 4345 Santa Maria Mesa Road, Santa Maria (hereafter, real property). Plaintiff was married to Daniel until 2018, when she sec...

Excerpt: ...iam M. Slaughter / Jonathan D. Marshall / Marco R. Castanos of Slaughter, Reagan & Cole, LLP for defendants Joshua Vides and Patti Jeanne Vides TENTATIVE RULING: The motion is granted in part, as discussed below. Background: This action arises from injuries suffered by plaintiff Georgia Avery (Avery) when she was allegedly attacked by defendant Cora Vides (Cora) on February 14, 2021. [The Court will refer to Cora by her first name, not out of any...

Excerpt: ...TATIVE RULING: The demurrer of defendant and cross-defendant James Newton Powell to the cross-complaint of defendant and cross-complaint California Department of Transportation is overruled. Powell shall file and serve his answer to the cross-compliant on or before September 20, 2021. BACKGROUND: This is an action for personal injuries arising out of an automobile vs. pedestrian collision on December 5, 2019, on Patterson Avenue at the intersecti...

Excerpt: ...e of the filing of this petition was a seventeen-year-old student at Westlake High School in Ventura County. Westlake High School is within the school district of respondent Conejo Valley Unified School District (“District”). At the time of the events in this case, Rilee was an honors student and co-captain of the Westlake High School Dance Team. On September 12, 2019, Rilee was summoned to the principal's office after allegedly being accused...

Excerpt: ...poration to file under seal the documents now lodged with the court conditionally under seal, consisting of the documents identified in the notice of lodgment of documents conditionally under seal, dated August 26, 2021. The court orders that those documents, and no other documents absent a prior or subsequent motion and order, to be filed under seal. The parties and their attorneys are authorized to inspect these sealed records subject to the te...

Excerpt: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...�) initiated a product recall from all Canadian stores of Landec's 28 oz. bag of Eat Smart Sweet Kale Salad Kit (the “July 2019 Recall”) due to the CFIA finding a positive result of Listeria monocytogenes (“Lm”) in a test sample of the kits. This recall resulted in over $5,500,000 in total loss to Landec. Lloyd's has refused coverage on the basis that the losses did not arise “solely and directly” from the July 2019 Recall, and instea...

Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...ca.gov; [email protected] HEARING Order to Show Cause re Court Assuming Jurisdiction over Respondents' Law Practice RULING The hearing on the order to show cause will be continued to hold an evidentiary hearin g on the merits of the application of petitioner State Bar of California. The parties are to be prepared to discuss at the hearing of this order to show cause availability for such evidentiary hearing. As set forth herein, after considerati...

Excerpt: ...urrer of Defendant Justin Sell to Complaint (2) Motion of Defendant Justin Sell to Strike Portions of the Complaint RULING (1) For the reasons stated herein, the demurrer of defendant Justin Sell to plaintiff's comp (2) For the reasons stated herein, the motion of defendant Justin Sell to strike portions of p (3) Defendant Justin Sell shall file and serve his answer to the complaint on or before Sept e Background As alleged in plaintiff John Doe'...

Excerpt: ...pinteria Valley Farms, LLC and Patrick M. Nesbitt Paul Lee, Senior Deputy County Counsel, for Respondent Santa Barbara County Board of Supervisors TENTATIVE RULING:The petition for writ of mandate of petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt is denied. BACKGROUND: Petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt are the owners of real property located at 2800 Via Real Lane, Summerland, California, which incl...

Excerpt: ... a medical records release, or for appointment of referee to review records ATTORNEYS: Vivian Yochelson of Yochelson & Associates and Ellen Levin of Law Office of Ellen Levin P.C. for plaintiff Jennifer T. Tseng / David H. Lieerthal / H. Daniel Burrows of Tseng & Associates for defendants Margarito Avila and El Alba Beef, Inc. TENTATIVE RULINGS: The motion for leave to file a cross-complaint is granted. The motion to compel plaintiff to execute a...

Excerpt: ...laintiff's complaint for unlawful detainer is overruled. Defendant shall file and serve his answer to the complaint on or before September 3, 2021. BACKGROUND: This is an action for unlawful detainer. Plaintiff Laura J. Austin is the owner of residential real property located 5688 Fiesta Drive, Carpinteria, California 93013. On February 2, 2019, plaintiff and defendant William C. Holmes entered into a written rental agreement for the premises whe...

Excerpt: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...

Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...

Excerpt: ...ppeared for the purpose of moving to quash service of summons and complaint upon them, contending that because service has not been properly accomplished, the court lacks personal jurisdiction over them. According to the declaration of defendant Aviana Kjos, on or about May 30, 2021, plaintiff entered property at 5300 Shoreline Drive in Goleta with an unidentified woman. The woman attempted to give Kjos something, when plaintiff started yelling a...

Excerpt: ...r enforcing settlement agreement and entering judgment is DENIED. 2. The Court finds that Antonucci is not in breach of the Settlement Agreement by refusing to sign and deliver the Modification of Easement Rights prepared by Faoro's counsel. 3. The version of the Modification of Easement Rights with the additional language proposed by Antonucci's counsel (Lee Dec., ¶ 8, Ex. 6) more accurately reflects the terms of the Settlement Agreement. 4. Fa...

Excerpt: ... Department of Industrial Relations, Division of Labor Standards Enforcement for the California Labor Commissioner For Defendant Coastal Getaways Realty, Inc.: Gary Goldberg TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Shane Amburn to dismiss the appeal is granted. The court awards reasonable attorney fees against defendant Coastal Getaways Realty, Inc., in the amount of $800.00. Plaintiff shall prepare, serve, and ...

Excerpt: ...rement Association to County of Ventura's Complaint in Intervention (2) Demurrer of Ventura County Employees' Retirement Association to Cross-Complaint of Leroy Smith ATTORNEYS: For Plaintiff and Cross-Defendant Ventura County Employees' Retirement Association: Ashley K. Dunning, Peter Mixon, Aalia Taufiq, Alexander Westerfield, Nossaman LLP For Defendant and Intervenor County of Ventura: Tiffany N. North, Emily T. Gardner, Office of the Ventura ...