Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...

Excerpt: ...nses were submitted to the defense prior to the hearing. Defendants may refile depending on what the responses are. Since criminal charges are pending against Brown, his responses are stayed pending resolution of the criminal case. Sanctions are denied. All discovery cutoff dates including expert witness designation dates are set off against the new trial date of August 31, 2021. Analysis This case was filed in 7/2019. This is a complaint for mon...

Excerpt: ...given one more chance to comply. Delaney's responses are due by May 11, 2021. The Case Management Conference will be called at 10 along with the L&M matter. Analysis[1] This case is set for an 8-day jury trial on June 29. 2021; MSC 64/21; time is of the essence. This motion involves issues of consequence; the Court has devoted time to it. The WP Motion The 131-page motion was filed 3/15/21; [summarized]; moves for an Order Compelling Further Resp...

Excerpt: ...linedinstlaw.com Issue Plaintiff's motion for a protective order; requests that: 1. Defendants and their counsel produce their PMQ for a second session of deposition at their own expense. 2. Defendants and their counsel to refrain from instructing Defendants' PMQ to not answer questions not involving privilege or work product as discussed in Plaintiffs' motion. 3. Defendants and their counsel to pay monetary sanctions in the amount of $5,400. Rul...

Excerpt: ...p.com; [email protected]; [email protected]; [email protected]; [email protected]; HEARING (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Third Amended Complaint (2) Motion of Defendants Michael Corrigan and Corrigan & Company to Strike Portions of Third Amended Complaint RULING (1) For the reasons set forth herein, the demurrer of defendants Michael Corrigan and Corrigan & Company to the third amended complaint is over...

Excerpt: ...aintiff United Financial Group filed a verified complaint against White Lightening Transport, LLC, John Rance, Haul Masters, Dilraj Singh, and the Department of Motor Vehicles (Case NO. 20CV02176) alleging causes of action for (1) quiet title, (2) trespass to chattel, (3) conversion, (4) breach of written contract, and (5) declaratory relief. The complaint alleged that defendants Rance and White Lightening entered into a written loan agreement wi...

Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...

Excerpt: ...or 11/5/21; time is of the essence. Plaintiff's 72-page motion was filed 3/4/21 and set for 4/27/21. The Court summarizes the motion: Barnett moves the Court for an order compelling Extreme Air to provide and serve further and complete responses to the following sets of discovery requests per California Code of Civil Procedure as Extreme Air provided incomplete and non- code compliant responses and document production: 1. Form Interrogatories –...

Excerpt: ...grouplaw.com; c yru Issue Plaintiff's Motion To Compel Deposition of Student X and Request for Sanctions RULINGS 1. On or before Ma y 5, 2021, SBCC shall disclose Student X's contact information, to the P deposition subpoena; 2. The scope of the deposition shall be limited to the issues which the Court characterized a 3. Student X does not have to give her name on the record, and she can simpl y be referred will not have to appear at the trial in...

Excerpt: ...e 1. Motion for Summary Judgment or Alternatively Summary Adjudication. 2. Case Management Conference [“CMC”] – will be called at the 10am calendar. Ruling For the reasons set out below Granger's Motion for Summary Judgment is GRANTED. The CMC is off calendar. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. Analysis The verifie...

Excerpt: ...described as “ADA Multi Trade” at Arbor Square Apartments, located at 800 North G Street, Lompoc, California (“Project”) for the price of $453,622.00. On or about July 16, 2020, Wilshire sent a “Notice of Termination” to Build It, terminating the Subcontract. At that time, there existed a past due balance of payments owed to Build It for the Project, which Wilshire has failed to pay. The FAC contains the following causes of action: (1...

Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...

Excerpt: ...for monetary sanctions by both sides are denied. BACKGROUND This is an action for personal injuries arising out of a motor vehicle collision. Plaintiff is Pedro Gomez (“Gomez”). Defendants are Anthony Cox (“Cox”) and EAN Holdings, LLC (“EAN Holdings”). As alleged in the complaint, on June 18, 2017, Gomez was traveling northbound on U.S. Highway 101 in the County of Santa Barbara and had come to a complete stop behind traffic when his ...

Excerpt: ...bara and Board of Supervisors of the County of Santa Barbara: Michael C. Ghizzoni, Lina Somait, Office of the County Counsel For Real Parties in Interest Santa Barbara Westcoast Farms, LLC, and Scott Rudolph: A. Barry Cappello, Lawrence J. Conlan, Wendy D. Welcom, Cappello & Noel LLP; Deborah M. Rosenthal, Fitzgerald Yap Kreditor LLP HEARING (1) Demurrer of Real Parties to First Amended Petition (2) Motion of Real Parties to Strike Portions of Fi...

Excerpt: ...rtions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer and motion to strike of defendant Matef H...

Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...

Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...

Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...

Excerpt: ...mu l Issue Motion for Summary Judgment or Alternatively Summary Adjudication Ruling For the reasons set out below the Defendants' Motion is GRANTED. There is an Order su b that the Court intends to sign. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] T has been contentious; at times acrimonious. Analysis Summary judgment is appropriate where there is no triable issue as to any materia...

Excerpt: ...ings, Inc.: Steven M. Dailey, Rebecca L. Wilson, Kutak Rock LLP Emails: [email protected]; [email protected]; [email protected] RULING (1) As set forth herein, the general and special demurrers of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the complaint of plaintiff John Reed are sustained with leave to amend. Plaintiff Reed shall file and serve his first amended complaint on or befor...

Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...

Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...

Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...

Excerpt: ...r before April 22, 2021. The deadlines for filing and service of opposition and reply to the motion are as set forth in Code of Civil Procedure section 1005, subdivision (b) based upon the May 14 hearing date. Background: On December 30, 2013, plaintiff Alek Haimovici filed his original complaint for breach of contract and conversion of security deposit in this limited civil case. Haimovici's counsel of record is attorney Stuart J. Zajic, whose p...

Excerpt: ...te McWeeney was employed by Mr. Gelb as property manager of the properties and was responsible for overseeing maintenance and repair requests, showing rental units to prospective tenants, and collecting rent from existing tenants, among other tasks. When plaintiff purchased the properties, it hired defendant to continue her pre- existing duties as property manager. On June 23, 2018, plaintiff terminated defendant after she was observed removing c...