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...

Excerpt: ...obert Stiglmier's first amended complaint (FAC): On October 20, 2019, Stiglmier was the subject of a traffic stop that took place on the sidewalk at 5710 Hollister Avenue, Goleta, at 11:45 p.m. (FAC, ¶ 15.) Stiglmier was stopped for allegedly riding a bicycle on the sidewalk, having no light devices on the bicycle at night, and misappropriation of lost property, i.e., the bicycle Stiglmier was riding. (FAC, ¶ 16.) Stiglmier cooperated with defe...

Excerpt: ...tasked by the Business Committee to oversee and operate all tribal businesses, issued Resolution No. EB-15 declaring that the pandemic “is causing harm to people and the natural environment”, and that there “is an increasing occurrence of COVID-19 in California, Santa Barbara County, and the Santa Ynez Valley, which is causing physical loss or damage to property on or near tribal lands, including, without limitation, the Chumash Casino and ...

Excerpt: ...; [email protected]; MATTER Plaintiff's Motion to Compel Further Responses to Special Interrogatories and Request for Production of Documents; Request for Monetary Sanctions RULING Plaintiff's motion for order compelling defendants to provide further responses to special interrogatories and request for production of documents is granted in part and denied in part. Defendants' further responses and all responsive documents shall be provided on or be...

Excerpt: ... 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 several att...

Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...

Excerpt: ...cted the amount due, owing, and unpaid as $5,254.58. The parties settled the action in September 2019, through execution of a Stipulation for Conditional Entry of Judgment. Pursuant to the settlement agreement, plaintiff would accept payments from defendant totaling $3,600, consisting of the $5,254.58 in total principal at the time of suit, $283.13 in court costs, and settlement forgiveness totaling ($1,937.71). Defendant would make monthly payme...

Excerpt: ...April 23, 2021. The hearing on this matter is continued to April 30, 2021, at 10:00 a.m. 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 wide oil pipeline known as Line 901. (FAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible ro...

Excerpt: ...n Management Specialists, and Troy Mounts, MD Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion of the non-party witnesses to quash the deposition subpoenas for personal appearance and production of documents is granted, in part. Movants are onl y required to produce those medical and billin g documents and records in their possession, custody, and control relating to ...

Excerpt: ...Brisbois Bisgaard & Smith LLP for defendants Norma Demonteverde, Rodolfo Demonteverde, Rhoda Ann Demonteverde, and Homecare Casa Rhoda 123, Inc. John A. Reyes / Lauren John Udden for cross-complainant Homecare Casa Rhoda 123, Inc. Emails: [email protected]; [email protected]; [email protected] RULING The motion is granted. Background Plaintiff Karen Dacome filed her complaint on June 13 2019, alleging twelve cause...

Excerpt: ... Santa Barbara Unified School District to Strike Portions of Complaint (3) Demurrer of Defendant Matef Harmachis to Complaint (4) Motion of Defendant Matef Harmachis to Strike Portions 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 Harmachi...

Excerpt: ... Jean Nary and Kevin Russell Nary to Strike Portions of the Complaint ATTORNEYS: For Plaintiffs and Cross-Defendants Montecristo #1 Living Trust UTD 9/24/2015 and Montecristo #2 Living Trust UTD 9/24/2015 and Cross-Defendants Hugo Roberto Garcia and Marciel Gabriela Hines: John J. Thyne III, Lacy L. Taylor, Thyne Taylor Fox Howard, LLP For Defendants Laura Jean Nary and Kevin Russell Nary and Defendant and Cross-Complainant Butterfly Lane Condomi...

Excerpt: ...thew H. Aguirre, Kirby & McGuinn, APC Emails: [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the motion of defendants Fay Servicing, LLC, and U.S. Bank for summary judgment or alternatively for summary adjudication is denied in its entirety. Background Plaintiff Romo Feather, Inc., (Romo) is the holder of title to real property located at 670 Romero Canyon Road, Montecito (the Property). (P...

Excerpt: ...vidually and dba Arnett Gunson Facial Reconstruction, G. William Arnett, DDS, individually and dba Arnett Gunson Facial Reconstruction, and Lori Heinze, PA Emails: [email protected]; [email protected]; [email protected]; bowen@hhc- slo.com RULING The motion for summary judgment of defendant G. William Arnett, DDS is granted. The motion for summary adjudication of defendants Michael J. Gunson, MD, DDS, individually and dba Arnett Gunson Facial Reconst...

Excerpt: ...ve for plaintiff to file a First Amended Complaint on or before Monday, March 29, 2021. Background: Plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. It filed the current complaint for at-fault just cause unlawful detainer on January 12, 2021, related to premises located 98 So. Patterson Ave., Unit 205, which the complaint alleges is wi...

Excerpt: ...(3) Motion of Defendants for Release of 318-320 West Valerio and 626 West Cota Properties from Receivership (4) Motion of Receiver to Terminate Receivership Estate over 318-320 West Valerio and 626 West Cota Properties and for Final Accounting ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wrigh...

Excerpt: ...djevic Benjamin C. Wohlfeil for Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich Emails: [email protected]; [email protected]; [email protected] RULING The four motions of defendants to compel further depositions of plaintiffs Joi Stephens, John Stephens, Ryan Chacon, and Alexandra Djordjevic are granted as set forth herein. The request for monetary sanctions is denied. BACKGROUND This is a legal malprac...

Excerpt: ...ie B. Dennis for Defendant J-M Manufacturing Company, Inc. Farah S. Nicol for Defendant Union Carbide Corporation Barry R. Schirm for Defendant Kelly-Moore Paint Company, Inc. TENTATIVE RULING: The motion of defendant Kelly-Moore Paint Company, Inc. to strike the portions of plaintiff's complaint for punitive damages is denied. BACKGROUND: This is an action for personal injuries resulting from exposure to asbestos. As alleged in the complaint, pl...

Excerpt: ...le of the State of California: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the District Attorney For Defendants Summerland Market, Inc., Elian Mtanous Hanna aka Louie Hanna: E. Patrick Morris TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for an award of discovery sanctions is granted in part and denied in part. The motion is granted to award monetary sanctions ...

Excerpt: ...ATTORNEYS: For Plaintiffs Nicholas Lewis, individually and as guardian ad litem for Philip Jaworski: Garry M. Tetalman, Lauren John Udden, 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: (1) The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., plaintiffs' second amend...

Excerpt: ...vide the requisite 45 days' notice. BACKGROUND: Plaintiff La Casa De La Raza (“La Casa”) is a nonprofit corporation and the owner of real property located at 601 E. Montecito Street, Santa Barbara, California 93013 (the “Property”). Defendant Tomas Castelo (“Castelo”) is one of the original founders of La Casa and the owner of defendant MLG Leasing, Inc. (“MLG”). In 2015, La Casa obtained a loan in the amount of $440,000.00 from F...

Excerpt: ...supplemental information on or before March 29, 2021. Plaintiff shall provide defendant with notice of the contents of this ruling, and of the continued hearing date, forthwith. Background: This is a collections action, which was settled between the parties on September 14, 2018. The parties entered into a Settlement Agreement, in which defendant Angela Lopez stipulated that she owed plaintiff the sum of $3,291.87, agreed to make payments of $100...

Excerpt: ...redit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney's fee...