Excerpt: ...nty.santa- barbara.ca.us; [email protected]; [email protected]; [email protected]; c c Issue Motion for Determination of Legal Issues Affecting Valuation RULING For the reasons set forth herein, the Court determines that plaintiff Santa Barbara Count y subject property in connection with the determination of the value of that property. Background This is an eminent domain matter in which plaintiff Santa Barbara County Flood Control and W ...

Excerpt: ... cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so t...

Excerpt: ... Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab TENTATIVE RULING: The demurrer of defendant Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab to plaintiff's first, second, and fourth causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud (false promise) is overruled. Defendant's motion to strike the punitive damages allegations is denied. BACKGROUND: This action con...

Excerpt: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...

Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...

Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...

Excerpt: ...r; Alan M. Goldberg, Law Crafters Legal Services, Inc. For Defendants and Cross-Complainants Mimi Brand and 1125 Veronica Springs Road, LLC: Jamie T. Hall, Channel Law Group TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Mimi Brand and 1125 Veronica Springs Road LLC to the first amended complaint of plaintiff Rebecca Brand is sustained, with leave to amend, as to the first, third, fourth, fifth, sixth, seventh (as ...

Excerpt: ...n to strike, submitted by defendants Ara Baljian and Le Phuque, LLC (collectively, defendants). The court is aware that if the action is dismissed for lack of prosecution, this tentative becomes moot. Plaintiffs Gary Hauenstein and Gwen Hauenstein (collectively, plaintiffs), filed an unverified complaint on October 27, 2020, against defendants. Nationstar Mortgage Co. has since been dismissed as party. Plaintiffs advance six (6) causes of action ...

Excerpt: ...and Stephanie Dow Will Gustafson, Defendant In Pro Per Linda Gustafson, Defendant In Pro Per Grant Gustafson, Defendant In Pro Per Mark Gustafson, Defendant In Pro P OJT/Synergy Partners, LLC (not represented) TENTATIVE RULING: The motion of plaintiffs to strike the answer of defendant OJT/Synergy Partners, LLC is granted. Plaintiffs' request for attorney's fees is denied. BACKGROUND: This is an action on a promissory note. Plaintiffs are Paul Wi...

Excerpt: ...nt City Attorney, for Defendant and Cross-Complainant City of Santa Barbara Laura A. Meyerson for Defendant, Cross-Complainant, and Cross-Defendant Southern California Edison Company Mary Kay Glaspy for Defendant and Cross-Complainant Pacific Coast Tree Experts Domineh Fazel for Defendant and Cross-Defendant CN Utility Consulting, Inc. Jeffrey Leader for Defendant, Cross-Defendant, and Cross-Complainant Utility Tree Service, LLC TENTATIVE RULING:...

Excerpt: ... (2) Motion of Defendant Santa Barbara Unified School District to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP Tentative Ruling (1) For the reason...

Excerpt: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...

Excerpt: ...n to quash the subject subpoena for medical records is DENIED. 2. The motion for a protective order is GRANTED in part. The deponent is hereby ordered to produce, within 20 days:  Records pertaining to defendant's dementia from 01/01/18 to the present;  Records containing any mention of the 02/22/19 accident that is the subject of this civil action, including records relating to the deposition of defendant. To the extent that records subjec...

Excerpt: ...arrin gto Issues Motion to Compel Requests for Admission (Set Two) and Request for Sanctions; Motion to Compel Responses to Requests for Production of Documents (Set One) and Req Sanctions; Motion to Compel Responses to Special Interro gatories (Set One) and Request for Sanctio n Rulings For the reasons set forth below, the motions are GRANTED in part and DENIED in part. Sanctions are mandator y here; Plaintiff shall pa y Defendants three separat...

Excerpt: ... LLP For Defendant Eric Robert Estrada: Daniel C. Walsh, Matthew S. Jones, Freeman Mathis & Gary, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Eric Robert Estrada to strike portions of the complaint of plaintiff Brandon Mack is denied. Defendant Estrada shall file and serve his answer to the complaint on or before August 10, 2021. Background: As alleged in plaintiff Brandon Mack's complaint: On January 14, 2021,...

Excerpt: ...olved. By Minute Order dtd 01/06/21, the matter was transferred to the civil calendar. Before the Court this day is a motion by plaintiffs (landlords) to secure the deposition of defendant Lawrence Marston (tenant). For the reasons which follow, the motion to compel is GRANTED in part, and DENIED in part. Pertinent Background Here, plaintiffs served on the defense a notice of taking the deposition of defendant Lawrence Marston. That notice was se...

Excerpt: ... Inc. Marcus S. Bird for Defendant and Cross-Complainant Investec Discovery Services, LLC Lisa I. Lawrence for Cross-Defendant Earth Tek Engineering Corporation TENTATIVE RULING: The motion of plaintiff Orr Builders, Inc. for good faith settlement determination is granted. BACKGROUND: On June 16, 2017, plaintiff Orr Builders, Inc. (“Orr”) filed its complaint against defendant Investec Discovery Storage, LLC (“Investec”) for non-payment re...

Excerpt: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...

Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...

Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...

Excerpt: ...ed School District, et al.Case No. 20CV03946 (Judge Sterne) Hearing Date: July 19, 2021 Tentative Ruling: This is a personal injury arising out of a series of interactions between plaintiff and her high school teacher. the matter concerns two identical defense motions to quash or limit subpoenas issued to the Santa Barbara Police Department: Defendant Harmachis' motion to quash District's amended Santa Barbara PD subpoena, filed 03/30/21 (with op...

Excerpt: ...Nirasha Rodriguez, and Kennedy Cruz Rodriguez: Christopher M. Cotter, Jessica Farley, Snyder Burnett Egerer, LLP For Defendant Universal North America Insurance Company: Sheryl W. Leichenger, Bridget A. Moorhead, Selman Breitman LLP TENTATIVE RULING: The motion of defendant Universal North America Insurance Company for summary judgment or, alternatively, for summary adjudication is denied in its entirety. Background: Plaintiffs Jason Rodriguez an...

Excerpt: ...e allegations from SAC ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy & Kroes for plaintiff Judith M. Hall. Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Background: This personal injury action arises from an automobile accident which occurred on September 14, 2019, on S...

Excerpt: ... verification and another seeking participation in a duly-noticed deposition. For the reasons which follow, the motions are GRANTED in part. Sitting for a Deposition Service of a notice of deposition is effective to require a party or party-affiliated witness to attend and to testify. CCP §2025.280. A party may serve written objection to the deposition notice based upon an “error or irregularity” under Article 2 of the Code. CCP §2025.410. ...

Excerpt: ... for breach of the written lease agreement. Before the Court this day are two defense motions seeking further responses to discovery aimed at plaintiffs' financial position. The premise behind the discovery is twofold: first, that plaintiff never had the financial wherewithal to meet its lease obligations or acquire a lucrative dental practice; and second, that plaintiff was making money through side businesses and as such fully mitigated any los...