Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...

Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...

Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...

Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...

Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...

Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...

Excerpt: ...Whitehead, Ray Bourhis Associates For Defendant Fireman's Fund Insurance Company: Randy M. McElvain, Bein A. Berube, Weston & McElvain LLP Tentative Ruling: The motion of defendant Fireman's Fund Insurance Company to strike portion of plaintiffs' complaint is ordered stricken and the hearing ordered off calendar. Defendant Fireman's Fund shall file and serve its answer to the complaint on or before August 7, 2018. On May 1, 2018, plaintiffs Your ...

Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...

Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...

Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...

Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...

Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...

Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...

Excerpt: ...nta Barbara Sheriff's Department on May 13, 2017, at Motel 6, 4200 Via Real, Carpinteria, California. Plaintiff contends that the money was used to facilitate the manufacture and/or sale of a controlled substance or was exchanged or intended to be exchanged for a controlled substance. The money formerly belonged to claimant Jose Manuel Escamilla. On June 9, 2017, Escamilla was charged by criminal complaint with possession for sale of a controlled...

Excerpt: ...es in plaintiff Jian Chen's second amended complaint without leave to amend. Background: Plaintiff Jian Chen filed her original complaint in this action on August 9, 2017. The original complaint alleged only one named defendant, Automobile Club of Southern California (Auto Club). With Auto Club's demurrer pending, Chen filed a first amended complaint naming as a defendant “Interinsurance Exchange of the Automobile Club/Automobile Club of Southe...

Excerpt: ... McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...

Excerpt: ...nce, slander of title, unfair competition, and intentional interference with prospective economic advantage). The ensuing weeks will see the following motions on calendar: 1) on July 24, 2018, a demurrer by defendants as to the seventh cause of action; 2) on July 31, 2018, a motion to quash a subpoena filed by plaintiffs; 3) on August 14, 2018, two summary judgment/adjudication motions filed by defendants; and 4) a jury trial scheduled for Septem...

Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...

Excerpt: ..., venue is proper here because defendant's last known address was in Lompoc. A summons was issued on July 27, 2016, although it does not appear defendant has been served with the complaint, and defendant has not otherwise made a general appearance. On June 4, 2018, plaintiff Absolute filed the present motion for change of venue, pursuant to Code of Civil Procedure section 395. Plaintiff asks the court to transfer the matter to the San Luis Obispo...

Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...

Excerpt: ...nathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Rogers, Sheffield & Campbell, LLP For Defendant Peter K. Westen, individually and as trustee of the Westen 2010 Trust U/A dated July 28, 2010: R. Chris Kroes, Linda Elias-Wheelock, McCarthy & Kroes For Defend...

Excerpt: ...Self-represented Tentative Ruling: The motion of petitioner Villa Sycamore Owners' Association is granted and the court awards post-arbitration attorney fees (in addition to attorney fees included in the arbitration award) in favor of petitioner Villa Sycamore Owners' Association and against respondent Jill L. Ariew in the amount of $4,408.25. Background: On March 27, 2018, petitioner Villa Sycamore Owners' Association filed its petition to confi...

Excerpt: ...ebra S. Fischl, Effres & Associates For Defendants Santa Barbara Cottage Hospital, Cecilia Gaete (Doe 52), and Meghan Murphy (Doe 53): Maureen E. Clark, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendant John Park, M.D. (Doe 51): Barbara S. Kilroy, Jennifer J. Henderson, Hall, Hieatt & Connely, LLP Tentative Ruling: The motion of plaintiffs for leave to file a first amended complaint is granted in part and denied in part. T...

Excerpt: ...Code, § 1750, et seq.); (2) violation of the California False Advertising Law (Bus. & Prof. Code, § 17500, et seq.); and (3) violation of the California Unfair Competition Law (Bus. & Prof. code, § 17200, et seq.) Plaintiffs allege that they each purchased a variety of salad dressing manufactured and sold by defendant Ken's Foods, Inc., based upon labels which stated that the dressings were made with olive oil. Specifically, the labels identif...

Excerpt: ...irst Amended Complaint (FAC) on October 21, 2016. The FAC seeks damages of $159,486.43 against Chamness for various breaches of contract, including (1) failure to pay annual base rent increases, (2) failure to repair damage to the leasehold premises, including damage to the parking lot surface and sub-surface through use of heavy trucks and machinery; damage to the electrical system, in the form of the failure to restore the 200 Amp electrical pa...

Excerpt: ...olation of the court's Judgment Granting Petition for Writ of Administrative Mandate and make such orders as are necessary for complete enforcement of the writ. The court sets a hearing on the order to show cause for August 10, 2018, at 9:30 a.m. Respondent shall file and serve a return to this order to show cause on or before July 27 and petitioner may file and serve a response on or before August 3, 2018. The court encourages both parties to ad...

Excerpt: ... and Wash, Inc., if the documents have not already been produced, is granted as set forth herein. Plaintiff's request for a supplemental privilege log is denied. Plaintiff's request for monetary sanctions is denied. BACKGROUND: This case concerns a business dispute. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company with its principal place of business in Santa Barbara, California. Patrick Nesbitt is the fou...

Excerpt: ...17, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Rossi were passengers in a vehicle owned by defendant Arturo Gil Ramirez and driven by Ramirez's son, defendant Jose Martin Del Campo Gil, when the vehicle crashed on Gibraltar Road in Santa Barbara. On January 16, 2018, plaintiffs filed their original complaint for negligence and motor vehicle liability. Defendant Ramirez was personally served with the s...

Excerpt: ...'s former employment as Ranch Manager of property located at 2377 Refugio Road, Goleta. Plaintiffs are Michael Kong and Ninas y Vinas del Mar, LLC. MSC is scheduled for October 5 and trial confirmation for November 7, 2018. On March 14, 2018, plaintiff Kong served defendant with form interrogatories (“FI”) and requests for production of documents (“RFP”), set one. On April 27, 2018, defendant provided responses to the discovery. Plaintiff...

Excerpt: ...Rebecca McLean and proof of payment of the required fee to the State Bar of California is not filed with the court on or before July 10, 2018, the court will rescind its minute order dated April 25, 2018, granting the application of Kell C. Mercer to appear as counsel pro hac vice. Background: Plaintiff Jack Jevne filed his complaint against defendants Kevin Charles Boyle, Rebecca McLean, and Peter George Bertling. Jevne alleges that he loaned Bo...

Excerpt: ... $433.50, to be paid within ten days of the date of this order. BACKGROUND: This action arises out of a three-vehicle, rear-end accident that occurred at approximately 6:00 p.m. on February 27, 2017, on the southbound 101 freeway in Santa Barbara where the Los Positas on-ramp merges with the southbound traffic. Plaintiff Josefina Martinez was traveling at approximately 35 miles per hour in the number 3 lane (the lane farthest to the right) and wa...

Excerpt: ...: On April 27, 2018, plaintiff Tarek Suleimanagich filed his complaint against defendant Cherie Brenner for legal malpractice and unjust enrichment in the Los Angeles Superior Court. On Brenner's motion, the Los Angeles court transferred the case to this court. Suleimanagich alleges: Suleimanagich retained Brenner, a licensed California attorney, to represent him in a pending Santa Barbara Superior Court case (No. 1187545) pertaining to family la...

Excerpt: ...lendar for failure to comply with CCP §§ 430.41 and 435.5. Defendants shall file a proper responsive pleading on or before July 20, 2018. Background: Plaintiffs Curvature LLC and Curvature, Inc., brought this action against defendants PivIT Global, Inc. (“PivIT”), Troy Jacobsen, Justin Sparks, Joe Zender, Mike McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis. Plaintiff alleges that defendants Troy Jacobsen, Sparks, Zender, and McKay, a...

Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...

Excerpt: ...mily Group, LLC to Further Resond to Plaintiffs' Production Demand Set 5, Number 7, and Motion for an Order that Westen Family Group, LLC pay the Entire Referee's Fee Motion for Summary Judgment or, in the Alternative, Summary Adjudication Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); K. Andrew Kent (Rincon Venture Law Group – Westlake Village) For Defendants Westen Family Group and Derek Westen.: Scott...

Excerpt: ...o property located in Santa Barbara. Defendants were ultimately served by publication, and their default was entered when they failed to respond. A default judgment in the amount of $46,828.85 was entered by the court on February 23, 2017. On October 20, 2017, plaintiff assigned the judgment to Andrew Larson, d.b.a. HCR Beverly Hills. Also on that date, judgment assignee Larson filed a Declaration of Accrued interest, seeking an additional $2,155...

Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...

Excerpt: ...reditor for an order charging judgment debtor's interest in Little Lucia, LLC, is granted. Background: On May 2, 2005, plaintiff Douglas J. Crawford obtained a judgment by default against defendant Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgment creditor Crawford renewed the judgment in the renewed unsatisfied amount of $149,894.00. On April 26, 2018, Crawford filed motions for: (1) an order for Haaland to tur...

Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...

Excerpt: ... he obtained the levy in the first place, or which would refute the claimant's evidence that her marriage to defendant Robert James Dahl terminated 13 year prior to the indebtedness he incurred that gave rise to this action. ...

Excerpt: ..., plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on Dec...

Excerpt: ...nd exonerate Bail Bond #FCS251703166 filed in People v. Degoberto Castro, Jr., 1446186. Background: On November 17, 2016, in People v. Degoberto Castro, Jr., 1446186 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS251703166 in the amount of $5,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant...

Excerpt: ...ple v. Dagoberto Castro, Jr., 1493890. Background: On November 17, 2016, in People v. Dagoberto Castro, Jr., 1493890 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101702925 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On May 23, 2017, pursuant to Pe...

Excerpt: ...order, and shall have telephoned counsel for plaintiffs to discuss this motion. Plaintiffs shall file and serve any opposition or other response to motion (including any stipulation or statement of non-opposition) on or before June 27, 2018. Defendants shall file and serve their replies, if any, on or before July 3, 2018. Background: On January 16, 2018, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Ross...

Excerpt: ...71, whose addresses and contact information defendant Kevin Charles Boyle shall promptly confirm (either as the parties to whom notice is to be given under the affected settlement agreement or as of record in case number 1438671), with proof of service filed on or before June 12, 2018. Any opposition or other response to the motion shall be filed and served on or before June 27, 2018, and any reply shall be filed and served on or before July 3, 2...

Excerpt: ...injury to her teeth involving substantial dental work, for which Harrison seeks recovery as damages. On July 31, 2017, defendant The Vons Companies, Inc. (Vons) served two business records subpoenas to third party Paul Crawford, DDS, Harrison's dental expert and employer. (Thomas decl., ¶¶ 2, 4.) One subpoena sought actual billing and insurance records (with patient personal information redacted) for insured patients as to two dental procedure ...

Excerpt: ...environment) (Toyota and Deriso) 3) gender discrimination (and harassment) (all three defendants); 4) age discrimination (Toyota and Garcia); 5 and 6) two counts of retaliation, respectively (Toyota only as to both counts); 7) assault (Toyota and Garcia); 8) failure to provide rest periods (Toyota only); 9) negligence (Toyota only) ; and 10) intentional infliction of emotional distress (all three defendants). Briefly, Carl Deriso is the Toyota's ...

Excerpt: ...nic funds transfer from a checking account owned by her boyfriend, William Hutchinson. The policy period was to begin on December 20, 2016 and end on June 20, 2017. The electronic funds transfer was not set up properly and the policy was cancelled. A rescission notice was mailed to Torres on Friday, January 6, 2017. On Sunday, January 8, 2017, Torres had a car accident. She received the rescission notice on January 9, 2017. On that same date, Tor...

Excerpt: ...for plaintiff Martin P. Cohn / Raymond Rengo of Cohn Rengo for defendants TENTATIVE RULING: The motion is denied. Background: This is a collections action based upon the failure to pay workers' compensation insurance premiums in accordance with the terms and conditions of the policies. The complaint, which alleges breach of contract and common counts causes of action, was filed on November 13, 2017. Individual defendants Juan Perez Jasso and Vick...

Excerpt: ...l / Ryan V. Jacobs for defendant Caltran Jennifer T. Tseng / Keith W. Moreton / H. Daniel Burrows of Tseng Associates for defendant Sheline Diana Moreno Shayne L. Wulterin of Ford, Walker, Haggerty & Behar for defendant Emily Walker TENTATIVE RULING: The motion is granted. Background: This is a personal injury action arising from a vehicle collision which occurred on August 8, 2016, at the intersection of the southbound off-ramp to State Route 10...