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...

Excerpt: ...ndants Select Portfolio and RMBS REO Holdings to Strike Portions of First Amended Complaint RULING (1) As set forth herein, the demurrer of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the first amended complaint of plaintiff John Reed is sustained with leave to amend as to the fourth and fifth causes of action; is sustained without leave to amend as to the second cause of action; and is overruled in all other resp...

Excerpt: ...t 26, 2021. Triad Aviation shall file and serve its reply to the further supplemental opposition on or before September 2, 2021. Background: In these consolidated actions, plaintiffs assert claims of negligence and products liability arising out of a helicopter crash in Santa Barbara on May 5, 2017. On March 26, 2019, plaintiff Turner Conrad filed his original complaint in Los Angeles County Superior Court (the Los Angeles Action). On April 26, 2...

Excerpt: ... 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, and equipment located within” (hereinafter referred to as the “Vacation Property”). The salient terms of the lease...

Excerpt: ...fornia ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, Alamar III, LLC, Lowry Lane, LLC, Granville Holdings, Inc., Beta Trust, and Gamma Trust: Paul R. Burns, Sol...

Excerpt: ... preliminary injunction should not be issued prohibiting Defendants from continued operation or use of the outdoor “Sports Complex” until such time as the parties resolve their disputes amicably or this action is fully and finally litigated. The OSC is set for December 14, 2021, at 11:30 am for trial. A 3-day hearing is estimated. Plaintiff to submit an appropriate order approved as to form by counsel for Defendant. The Motion [summarized] Th...

Excerpt: ... Morgan S. Lucas of the District Attorneys' Office for the People E. Patrick Morris for defendants TENTATIVE RULING: The motion is denied. Background: This is the third in a series of motions for terminating and other sanctions filed by plaintiff People, based upon the same discovery they propounded upon defendants back in 2019. Because the matter builds on a series of matters which have been determined by the Court relative to a demand for produ...

Excerpt: ... Fox Howard, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the motion of plaintiff Santa Haven LLC for summary judgment is denied. (2) For the reasons set forth herein, the cross-motion of defendants Eric Hufford and Emily Brogan for summary judgment is ordered off calendar without prejudice. Background: On May 21, 2021, plaintiff Santa Haven LLC (Landlord) filed its complaint against defendants Eric Hufford and Emily Brogan (collec...

Excerpt: ...order regarding her upcoming deposition. As will be explained, the motion is premature, and as such the only relief which could be awarded would be the appointment of a limited purpose referee to officiate the deposition. While it seems this would be an ideal solution, without a stipulation, the evidence presented does not rise to that level. Pertinent Factual Background On 10/29/17, plaintiff commenced the within civil with a 35-page complaint n...

Excerpt: ...n of this action, upon the filing of a further appropriate motion for award of attorneys' fees. Motion: Plaintiff Nicole Nagel was successful in obtaining a reversal on appeal of the trial court's order dismissing the fraudulent transfer and conspiracy action, after it granted a motion for judgment on the pleadings. As a judgment creditor, she now seeks attorneys' fees incurred on appeal against all defendants except judgment debtors Tracy A. Wes...

Excerpt: ...laintiff Sunbelt Rentals, which is a material and equipment supplier to the construction trade, to supply materials on credit for the improvement of 3333 Avena Road. (Complaint, ¶ 6, Exh. 3.) On April 30, 2018, BMI defaulted under the terms of the contract and $19,064.32 remains due, plus interest. On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic's lien against Gwen Hauenstein, Gary Hauenstein; and (2) breach of c...

Excerpt: ...tative Ruling: This is a personal injury action against the supplier of home oxygen tanks. Plaintiff alleges in pertinent part as follows: “Plaintiff was discharged on or about October 11, 2017 with a discharge instruction to continue to use home oxygen as needed to maintain an oxygen saturation of 94% or higher. Plaintiff was given a home oxygen monitor to track oxygen saturation levels. Apria Healthcare Group Inc. ("Apria") agreed to deliver ...

Excerpt: ...court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the tele...

Excerpt: ...e in pro per TENTATIVE RULING: The demurrer is overruled, and defendants are directed to file their Answer to the First Amended Complaint on or before June 28, 2021. Procedural Background: The original unlawful detainer complaint in this matter was filed on January 12, 2021, by plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. The compl...

Excerpt: ...osition of abandoned belongings. Before the Court this day are two discovery motions by plaintiff. The gravamen of the current dispute, which is ongoing from prior disputes, is what to make of defendant's “random sampling” of tenant files (volunteered to avoid a wholesale disclosure) in light of defendant's refusal to commit to its representativeness. While this Court can certainly understand defendant's reluctance, the proffer of a sampling ...

Excerpt: ...laint is denied. BACKGROUND: This action arises out of a failed personal and business relationship between plaintiff Kenneth W. Sterling and defendant Stephanie Liu. Plaintiff and defendant first met in August 2018, when plaintiff, a divorcee, was 52 and defendant was 28. Plaintiff is the owner of Big Speak, Inc., a California corporation engaged in the business of providing speakers and leadership training to large companies. Plaintiff is also a...

Excerpt: ...osian. Defendant is the Goleta Union School District (“GUSD”). On November 7, 2019, plaintiff was visiting her grandson at Kellogg Elementary School (“Kellogg”), located at 475 N. Cambridge Drive, Goleta, California 93117, when she stepped into an open trench with no protective barrier near the bike rack and fell, fracturing her left ankle. On November 8, 2019, plaintiff submitted an injury report to GUSD. On May 7, 2020, plaintiff submit...

Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...

Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...

Excerpt: ...operty is located at the southwest intersection of Betteravia Road and the 101 Freeway. It is currently occupied by Conserv Fuel and Popeye's Restaurant. However, at the time the ground lease was acquired, the Property and most of the surrounding land was farmland with little development. In 1971, GDC secured a sublease with Texaco to operate and rent a service station to be constructed on one parcel of the Property (the “Texaco Sublease”). A...

Excerpt: ...Taylor for Defendants Eric Hufford and Emily Brogan TENTATIVE RULING: Defendants' motion to quash service of the summons and complaint for unlawful detainer is denied. Defendants shall file and serve their answer to the complaint on or before June 18, 2021. BACKGROUND: This is an unlawful detainer action involving residential real property. Plaintiff Santa Haven, LLC is the owner of real property located at 121 Burton Circle, Santa Barbara, Calif...

Excerpt: ... Granet, Claire K. Mitchell, Rimon, P.C. For Defendants Randall Quaid and Evgenia Quaid: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Randall Quaid and Evgenia Quaid for summary judgment on the complaint of plaintiffs R. Scott Turicchi and Lannette C. Turicchi is denied. Background: On November 25, 2019, plaintiffs R. Scott Turicchi and Lannette C. Turicchi filed their complaint in this action. The...

Excerpt: ...nett Sween, Jackson Lewis P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff James Gribble for final approval of this class action settlement is granted. The court confirms its preliminary approval of the settlement as final, approves for payment attorney fees in the amount of $152,760.00, approves for payment litigation expenses of $8,480.93, and approves for payment of an incentive payment to plaintiff Gribble in t...