Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...Kellogg Square, LLC (“Kellogg”) is the owner of commercial real property located at 5555, 5575, 5585, and 5599 Hollister Avenue, Goleta, California. Plaintiff Bottiani Properties, LLC (“Bottiani”) is the owner of commercial real property located at 5551 and 5553 Hollister Avenue in Goleta. Plaintiff Waters Land Surveying, Inc. (“Waters”) is part owner of the commercial real property located at 5553 Hollister Avenue in Goleta. Defendan...

Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...

Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...

Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...

Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...

Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...

Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...

Excerpt: ..., California. The contaminant is perchlorethylene (“PCE”), a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. Plaintiff 220 W. Gutierrez, LLC, is the current owner of the property, having taken title to the property in 2016 pursuant to a Prospective Purchaser Agreement (“PPA”) with the California Department of Toxic Substance Control (“DTSC”). Plaintif...

Excerpt: ...for breach of sublease agreements, under which defendants subleased hangars at the Santa Barbara Airport. Plaintiff leased the hangars from the City of Santa Barbara under a master lease. MSC is scheduled for February 14, a pre-trial conference for March 11, and trial for March 16, 2020. Motion for Summary Judgment: Defendant FedEx moves for summary judgment on the ground that 1998 Ampersand Aviation, LLC, is not a party to the sublease and the c...

Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...

Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...

Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...

Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...

Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...

Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...

Excerpt: ...otion for a protective order and for establishment of deposition procedures and the court orders as follows: At all depositions in this case, only the deponent, the parties, the parties' counsel of record, and the court reporter and/or videographer shall be present. In no event may Eric Alan Cover be present at any deposition other than his own. For any deposition taken by telephone or other remote electronic means, all parties and their counsel ...

Excerpt: ...39,876.84 to defendant Daniel Robert Sarena dba ECO Cast to purchase a 2008 International 4200 Diesel Flatbed Truck. The truck served as collateral for the loan. On February 1, 2019, defendant failed to make the payment then due on the loan. Currently, there is due and owing from defendant to plaintiff the principal sum of $9,969.21, plus interest. Pursuant to the terms of the loan and security agreement, plaintiff is entitled to immediate posses...

Excerpt: ...nd Nora Betz, co-trustees of the Lieber Family Revocable Trust. In their first amended complaint, plaintiffs allege: Plaintiffs and defendants are tenants in common of real property at 1367 Danielson Road in Santa Barbara. [FAC ¶4] On September 19, 2014, they entered into a written Co-Ownership Agreement (“COA”) setting forth their respective rights and duties. [FAC ¶5, Exhibit A] (Exhibit A is attached to the original complaint but not the...

Excerpt: ...pportunity to attempt to correct these pleading defects, the Court will grant her leave to file an amended pleading. Any such amended pleading must be filed on or before November 6, 2019. Background: Plaintiff's operative Second Amended Complaint (SAC) alleges causes of action against defendant Inn of the Spanish Gardens, LLC, erroneously sued as Spanish Garden Inn (Inn), for negligence and intentional infliction of emotional distress. Those caus...

Excerpt: ... exiting Brick Barn's commercial establishment when “suddenly and without warning [he] fell down the exterior stairs to the parking lot,” causing serious injuries. Plaintiff contends Brick Barn, as owner, failed to maintain the premises in reasonably safe condition, failed to provide adequate lighting, otherwise failed to construct/maintain the exterior stairs in line with existing safety standards, and failed to warn of the danger the stairs...

Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...

Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...

Excerpt: ...ecords is not subject to judicial notice. (Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun v. Superior Court, 218 Cal.App.4th 577, 597, 160 Cal.Rptr.3d 285, 41 Media L. Rep. (BNA) 2492 (1st Dist. 2013).). Unfortunately the classic statement of this rule contains one significant exception: judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of...

Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...

Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...

Excerpt: ...g Hollister Avenue, related to the Ekwill-Fowler Project. It seeks prejudgment possession of the portions of the property, including fee, permanent flood control easement, temporary vegetation mitigation and monitoring easement, and temporary construction easement interests. The Newland defendants are the record owners of the real property, Parcel 071-090-036; defendant Verizon is the owner of an easement interest on the property. The City had ad...

Excerpt: ...re the owner and manager of Nomad Village Mobile Home Park, a 150-space mobile home park located at 4326 Calle Real, Santa Barbara, California 93110. Defendants Arthur A. Allen, et al. (there are approximately 145 named defendants) are all homeowners who reside in the mobile home park. On December 18, 2017, plaintiffs filed their initial complaint in the action. Plaintiffs filed their first amended complaint on July 23, 2018, and their second ame...

Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...

Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...

Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...

Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...

Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...

Excerpt: ... have been waived, and will grant the motion directing compliance with business records subpoena. Background: Plaintiff George Merino (“Merino”) is the adult son of Barbara Sonia Adams (“Adams”) and the Successor Trustee to the Barbara S. Adams 2014 Revocable Trust. Adams passed away on September 19, 2014, at the age of 71. Plaintiff Lawrence T. Sorensen (“Sorensen”) is the Administrator of the Estate of Barbara S. Adams. Defendant Jo...

Excerpt: ... and shortness of breath, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Surgical Associates, Dign...

Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...

Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...

Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...

Excerpt: ...mination will be denied. Counsel for the parties are required to appear in person or by telephone at the hearing of this motion. Background: On August 23, 2018, plaintiff Destiny Hitchcock filed her complaint in this action asserting causes of action arising out of claims that Hitchcock suffered carbon monoxide poisoning from a defective heater while a tenant at real property owned by defendant Sandra Castellino, individually and in her capacity ...

Excerpt: ...ation against defendant Shalini Ananda. Plaintiff alleges: Plaintiff and defendant work in the field of health technology in different areas of specialization. They never worked for the same company and are not connected professionally or personally. They met on July 18, 2013, at Rock Health, a company that supports start-ups in health technology. [FAC ¶6] After some social media contacts, plaintiff blocked defendant. [FAC ¶¶7-9] Defendant sen...

Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...

Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...

Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...

Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...

Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...

Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...

Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...

Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...

Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: 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 M...