Excerpt: ...y Church, et al.Case No. 1487319 (Judge Sterne) Hearing Date: May 24, 2021 Matter: Motions (4) to Compel Discovery Responses filed by the defense Tentative Ruling: This is a personal injury action involving allegations of clergy sexual abuse. Before the Court this day are four defense motions, seeking further responses from plaintiffs regarding ordinary information about ongoing ailments associated therewith. The motions are GRANTED in part, and ...

Excerpt: ...erence is scheduled simultaneously with the hearing on this motion, and the parties should be prepared to discuss the time necessary to conclude all remaining discovery and possible trial dates for the easement related issues. No award of costs of defense of the new claims will be made. Background: Plaintiff Arthur Joseph LaCerte Survivor's Trust dated July 11, 2018 (Trust), through Cotrustees Arthur Joseph Lacerte and Dominique R. Lacerte (the L...

Excerpt: ... and constructive discharge from employment. Plaintiff is Chelsea Herzog. Defendants are plaintiff's former employer, NuSil Technology, Inc. and her former supervisor, Michal Wadsworth. On January 19, 2021, plaintiff brought a motion to compel NuSil's Person Most Knowledgeable, Carrie Flood, to submit to a third deposition session, claiming that Ms. Flood was not prepared to testify on the issues for which she was designated and did not produce d...

Excerpt: ...nded complaint, she may do so on or before June 4, 2021. Background: On April 6, 2018, plaintiff Lynn Behrens Zimmerman, individually and as executor of the estate of Clarke Paxton, filed her original complaint in this action. The complaint asserts eleven causes of action: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. § 1692f(6)); (4) wrongful foreclosure; (5) violation of the Californ...

Excerpt: ...od and Andra A. Macleod (plaintiffs) allege that on July 12, 2019, they applied for a conventional adjustable-rate refinance first-lien position mortgage loan in the principal amount of $1,125,000 in order to consolidate some of their existing debt, and provide a substantial amount of cash-out. They allege that they were misled by a bait-and-switch tactic used by defendants North Capital Mortgage (North Capital) and Ajay Khatri (Khatri), and rece...

Excerpt: ...t) filed its petition for workplace violence restraining orders pursuant to Code of Civil Procedure section 527.8 against respondent Amanda Rowan. (Note: District's name as set forth in paragraph 1a of the petition contains a typographic error omitting the letter “a” from the word “Elementary,” which error has been carried over into the title of the case in documents filed with the court.) Rowan is a parent of a student at District's scho...

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: ...ault. Emails: [email protected]; [email protected]; rhys.boyd- [email protected] HEARING Demurrer by defendant State of California to Fourth Cause of Action Motion to strike by defendant State of California RULING The demurrer is sustained, with leave to amend on or before June 8, 2021. As a result of the ruling on the demurrer, the motion to strike is moot. ANALYSIS Complaint: Plaintiffs Lin Lin and Levi Liu are the surviving heirs of d...

Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...

Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...

Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...

Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...

Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...

Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...

Excerpt: ...nts) Filed September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing s...

Excerpt: ...attorney fees and costs in a subsequent motion to be promptly filed. Analysis Synopsis: This is Landlord-Tenant litigation; Landlord provides rental units to students at the University of California in Isle Vista; the Subject Property here was a 3-bedroom unit with loft; was rented to 12 students includin g Tenant; student(s) slept in the loft; unit was red-tagged because it violated the law; because of that Tenant's lease was terminated by Landl...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; Issue Motion for Summary Judgment or Alternatively Summary Adjudication. Ruling For the reasons set out below the Motion for Summary Judgment is DENIED. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. But you kept it remarkably straightforward. Analysis The u...

Excerpt: ...holz Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Radius' Motion for Good Faith Settlement Ruling The motion for Good Faith Settlement is GRANTED. Analysis The Court acknowledges and appreciates the professional work done by counsel in this motion.[1] The case has been contentious at times. The Radius Motion [Sum...

Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...

Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...

Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...

Excerpt: ...ey: 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, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...

Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...

Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...