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: ... 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: ... 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: ...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...

Excerpt: ...low, the arbitration clauses cannot be enforced against a nonsignatory, and even if they could the arbitration clauses are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, an...

Excerpt: ...-defendant Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994, is denied. BACKGROUND: This action concerns a lawful commercial cannabis business. Plaintiff is Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994 (“Shumake”). Defendants are Louis Armstrong and Associates, LLC (“LAA”), Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Mic...

Excerpt: ...choose to file an amended complaint, plaintiffs shall file and serve their third amended complaint on or before August 2, 2021. (2) The motion of defendants Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., to strike portions of plaintiffs' second amended complaint is granted, without leave to amend, to strike (1) paragraphs 72 to 74 as to personal injury claims of the fifth cause of action by Aus...

Excerpt: ...e motion was untimely. The time limits imposed by California Rules of Court, rule 3.1702 and 8.104 for filing a motion for attorney fees pursuant to Code of Civil Procedure, section 425.16(c ) do not commence to run until entry of judgment at the conclusion of the litigation, Carpenter v. Jack in the Box Corp. (2007) 151 Cal. App. 4 th 454, 468 and specifically states as p. 458, “We interpret rule 3.1702 so that the time limits imposed by the r...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion is granted as to the first, third (as modified by the Court), fourth (as modified by the Court), fifth (as modified by the Court), and sixth (as modified by the Court) proposed classes and is denied as to the second proposed class. For the reasons explained below...

Excerpt: ...ventually to defendant Morgan Stanley Mortgage Loan Trust. On November 27, 2019, Morgan Stanley Loan Trust caused a Notice of Default and Election to Sell under the $74,000 deed of trust. On March 11, 2020, a Notice of Trustee's Sale was recorded for the $74,000 deed of trust. On January 12, 2021, plaintiff submitted a Complete Loan Modification Application (“LMA”) to defendant Specialized Loan Servicing LLC, (SLS) which provided loan service...

Excerpt: ...e motions are DENIED, as are the attendant requests for monetary sanctions since both sides were sufficiently justified in asserting their respective positions. Plaintiff's in camera submission, included a sworn declaration explaining her decision-making and attributed certain matters to defense counsel herein is an ex parte communication that must be disclosed to the Defendant. The clerk of the court is ordered to immediately serve a copy of the...

Excerpt: ...Issues 1. Motion for Determination of Good Faith filed b y Truman and ALSI (to gether, “Settlin g 2. OSC re contempt against Romo Feather 3. Romo Feather's request that Fa y and its attorne y, Cher yl Chan g, be held in contempt o f Protective Order of May 5, 2021. Rulings 1. For the reasons set out below the Motion for a Determination of a Good Faith Settleme n 2. For the reasons set out below on Fa y's Motion re: contempt (A) a gainst Romo Fe...

Excerpt: ...) (Lab. Code, § 2698, et seq.). Concerned the state labor laws were not being adequately enforced, the Legislature created a mechanism to deputize “aggrieved employee[s]” to pursue civil remedies. (Kim v. Reins International California, Inc. (2020) 9 Cal.5 th 73, 81.) This procedure allows the employee to pursue civil penalties for Labor Code violations committed by the employer against all aggrieved employees. (Lab. Code, § 2699, subd. (a)...

Excerpt: ...mily Chiropractic's Motion for Summary Judgment (3) Motion of Defendant Scott F. Kozak, M.D.for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendant John C. Craviotto, D.C., dba Craviotto Family Chiropractic: Mark S. Ashworth, Carissa A. Ashworth, Ashworth & Ashworth, LLP For Defendant Scott F. Kozak, M.D.: Raymond L. Blessey, Sean L. Cooper, Reback, McAndrews & Blessey, LLP TENTATIVE RULING: (1) Plaintiff...

Excerpt: ...n M. Bernal, Nye, Stirling, Hale & Miller, LLP TENTATIVE RULING: The demurrer of defendant The Regents of the University of California to the first amended complaint of plaintiff Robin Unander is sustained with leave to amend. Plaintiff shall file and serve her second amended complaint on or before July 27, 2021. Background: As alleged in plaintiff Robin Unander's first amended complaint (FAC): Unander is a licensed attorney who worked for defend...

Excerpt: ...Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., to plaintiffs' third amended complaint is overruled. The third amended complaint is deemed amended to replace “4727” in paragraph 48 with “4742.” Defendants sh...

Excerpt: ...y pertinent, plaintiff lost that wrongful death case and suffered an adverse judgment in the amount of $20M. Plaintiff then sued her lawyer, contending in general that he failed to faithfully represent, and eventually abandoned, her in that action. Before the Court this day is plaintiff's motion to compel a further response to her RPD. For the reasons which follow, the motion is continued for further meet and confer efforts, and additional limite...

Excerpt: ...t forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee's Deed U...

Excerpt: ...ase. Plaintiff California Lutheran Homes is the owner and lessor of premises located at 3883 La Cumbre Plaza Lane, Santa Barbara, California 93105. Defendant Daketta La Cumbre, LLC is the lessee of the premises. Plaintiff and defendant are both successors-in-interest to the original parties to the ground lease. The ground lease is for 50 years, with a commencement date of October 7, 1985 and an expiration date of October 6, 2035. The original mon...

Excerpt: ... of $33,775 plus costs of suit of $721.41 to be paid forthwith. Analysis The background is very well known to the Court. On May 11, 2021, this Court granted Danaher's special motion to strike the Isla Vista lawsuit pursuant to California's Anti-SLAPP statute, Code Civ. Proc.§ 425.16. That ruling terminated this case in its entirety, and adjudicated Danaher as the prevailing party in this action. Danaher is entitled to recover her attorney's fees...

Excerpt: ...sustained with leave to amend. The motion of defendant Santa Barbara Unified School District to strike portions of plaintiff's complaint is granted with leave to amend, except as to the claim for treble damages. Any amended pleading shall be filed on or before July 16, 2021. BACKGROUND: This is an action for alleged sexual abuse of plaintiff John Doe (a pseudonym) when he was a high school student and a minor. Plaintiff alleges that he was the vi...