Excerpt: ...RING Demurrer of Defendants to Eighth Amended Complaint RULING On the Court's own motion (Code Civ. Proc., § 436, subd. (b)), the Court strikes the demurrer of defendants for failing to comply with the mandatory pre-filing meet-and-confer requirement of Code of Civil Procedure section 430.41, subdivision (a), and for failing to file a declaration regarding compliance with such requirement with the demurrer. Hearing on the demurrer is therefore o...

Excerpt: ...fendants to First Amended Complaint RULING For the reasons set forth herein, the demurrer of defendants Bolling Ventures, LLC, and Andrew Bolling to the first amended complaint of plaintiff Chuck Rylant is sustained, with leave to amend, as to each cause of action therein. Plaintiff shall file and serve his second amended complaint on or before March 24, 2021. Background As alleged in plaintiff's first amended complaint (FAC): Defendant Bolling V...

Excerpt: ...er TENTATIVE RULING: Plaintiffs' application for order to show cause (OSC) re contempt is granted as set forth herein. BACKGROUND: Plaintiff David G. Bertrand (“Bertrand”) is the owner of multiple residential properties in Santa Barbara, California. Plaintiff Dorothy Churchill-Johnson (“Churchill-Johnson”) is Bertrand's business manager. For many years, defendant Jessica Berry (“Berry”) rented one of Bertrand's residences and occasion...

Excerpt: ...a E. McCarthy for Plaintiff Judith M. Hall Jennifer L. Russell for Defendant Javier Jonathan Antunez Eve Korff for Defendant Esther Emiko Trejo-Takembaiyee Rory D. Leos for Defendant Talitha G. Blackwell TENTATIVE RULING: Plaintiff's motion to compel defendant Esther Emiko Trejo-Takembaiyee to provide further responses to Form Interrogatories, Set One, is granted as set forth herein. Defendant's further responses shall be provided on or before Ma...

Excerpt: .../ Stephen Parnell of Law Offices of Adam Zolonz, APC, for plaintiffs Alexandro Filippini and Iaian Filippini Soheyl Tahsildoost of Theta Law Firm, LLP for defendant Tesla, Inc. TENTATIVE RULING: For the reasons set forth below, the demurrer to the FAC is overruled with respect to the first cause of action, and sustained, with leave to amend, with respect to the third and fourth causes of action. Plaintiffs may file an amended pleading on or befor...

Excerpt: ...uling: The court sustains, in part, and overrules, in part, defendants City of Santa Barbara and Lori Luhnow's demurrer to plaintiffs' first amended complaint. The court sustains the demurrer to the first, fourth, and fifth causes of action without leave to amend. The court overrules the demurrer to the second and third causes of action. Background: Plaintiffs Committee for Social Justice (Committee), Linda Trevino, Bradley Beach, Patricia West, ...

Excerpt: ...ction Company, Inc. is a general building contractor. Defendant Donald Stanley Tenpenny is the Chief Executive Officer and President of Tenpenny Construction. On December 19, 2016, plaintiff entered into a written agreement with Tenpenny Construction for construction of a custom-built home located at 1425 Mission Ridge Road, Santa Barbara, California 93103. Plaintiff alleges that Tenpenny Construction breached agreement by, among other things, fa...

Excerpt: ...er to the date of payment, December 16, 2020, in the amount of $59,343.87. The court will award plaintiffs Erikka Skinner and Ann Kenney $106,110 in attorney fees for appellate counsel's work on the appeal, $16,975 in attorney fees for the motion, and costs of $2,129.59. The parties may address this portion of the ruling at the March 5 hearing. The court continues the hearing to March 19, 2021, at 10:00 a.m., solely for consideration of the amoun...

Excerpt: ...amend, to the third amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. Background: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law ...

Excerpt: ...ortions of property located at 6663 Del Playa Drive (owned by plaintiffs), and 6653 Del Playa Drive, in the Isla Vista area of Goleta, failed and collapsed onto the beach below. On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the complaint alleged that he formerly was an owner of the property at 6653 Del Play...

Excerpt: ...espondent State Farm Mutual Automobile Insurance Companies: Stephen C. Pasarow, Karie E. Schroder, Knapp, Petersen & Clarke Emails: [email protected]; [email protected]; [email protected] HEARING (1) Motion of Petitioner to Compel Arbitration (2) Motion of Petitioner to Compel Responses to Special Interrogatories, Set One (3) Motion of Petitioner to Compel Responses to Form Interrogatories, Set One (4) Motion of Petitioner to Compel Responses to R...

Excerpt: ...d Motion for Sanctions Ruling The Court denies plaintiff Tine F. Sloan's motion to compel further responses to plaintiff's requests for production of documents, set one, as moot and not directed to the amended responses served the day before the motion was filed. The Court orders plaintiff Tine F. Sloan's counsel to pay, on or before March 16, 2021, a monetary sanction in the amount of $1,000 to defendant Gregg Patronyk's counsel. Background Plai...

Excerpt: ...tainer 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 numerous series of 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 Addendum to the lease. Plaintiff referred defendant to the Home ...

Excerpt: ...e – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: Defendant's motion to strike portions of the complaint alleging consequential, or delay, damages is denied. BACKGROUND: This is an action for alleged negligence by a design professional. Plaintiff RTA Carneros Village – Phase II, LLC, is the owner of Building 100 and Building 200 of an apartment complex project located in Goleta, Californ...

Excerpt: ...otion to strike allegations of FAC Hall motion for protective order and to modify or quash SDTs served by Trejo-Takembaiyee ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy &Kroes for plaintiff Judith M Hall Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee Jennifer L. Russell / David H. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Ho...

Excerpt: ...ntative Ruling: The court grants, in substantial part, plaintiff Jonas Svensson's motion to compel production of documents and orders defendant iO73 Investments, Inc. to, on or before March 22, 2021, provide further responses to and produce documents responsive to demands for production, set one, ##38-43, 47-63, 68-71, 73, 78, 80, and 81, consistent with this ruling. The court is not granting the motion with respect to demands ##74, 75, and 83. T...

Excerpt: ... as to privilege and in a form complying with the Code of Civil Procedure, to special interrogatories Nos. 40 through 46, subject to the court's protective order. In all other respects, including all requests for sanctions, the motion is denied. (2) As set forth herein, the motion of plaintiff to compel further responses to special interrogatories from defendant Donald Stanley Tenpenny is granted in part and denied in part. On or before March 15,...

Excerpt: ... against defendants Rok Solid Exploration & Recovery, LLC, and Johnathan Kendrick. Plaintiff alleges: Rok Solid entered into a written contract with Aqueous to perform subsea services in connection with Rok Solid's venture to recover gold from a sunken ship off the California coast near Oceanside. Aqueos perfomed those services and the unpaid balance of the amounts charged is $185,449. Aqueous alleges that Rok Solid is the alter ego of Kendrick. ...

Excerpt: ...of defendant Avco Corporation to quash service of summons as to plaintiff Turner Conrad is continued to April 30, 2021. The court will not resolve the motion at that time, but will set a further date at that hearing. (3) As set forth herein, the court grants the motion of defendant Avco Corporation to file under seal the documents now lodged with the court conditionally under seal on February 4, 2021, consisting of exhibits 5, 6, and 7 to the dec...

Excerpt: ...tember 14, 2019 on State Route 154. Plaintiff was a passenger in a vehicle operated by Enrique Calderon-Mendez. Defendant Javier Jonathan Antunez was the operator of a vehicle owned by defendant Esther Emiko Trejo-Takembaiyee and in which Trejo-Takembaiyee was a passenger. The accident occurred when the Antunez vehicle crossed over the double yellow line and collided with the Calderon-Mendez vehicle in which plaintiff was a passenger. A third veh...

Excerpt: ... Plaintiff alleges that she is disabled and that she was harassed, discriminated against, and constructively terminated by defendants because of her disabilities. On June 27, 2019, plaintiff filed her complaint, alleging eighteen causes of action, including claims for actual and perceived disability harassment, discrimination, and retaliation in violation of Government Code Section 12940 et seq., failure to accommodate, intentional infliction of ...

Excerpt: ...com; [email protected]; [email protected]; Cali.Law- [email protected]; [email protected]; Issue Motion to Compel Records and Request for Sanctions Ruling The Court grants, in part, defendant County of Santa Barbara's motion to compel further responses to special interrogatories, requests for production, and requests for admissions. The Court orders plaintiff Isabel Seife to provide, on or befo...

Excerpt: ...r of violations of Government Code section 12940, et seq., including discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in good faith interactive process), declaratory relief, wrongful termination in violation of public policy, violations of wage and hour laws under the Labor Code (including unpaid overtime wages, failure to provide meal and rests periods...

Excerpt: ...David Snider: Robert B. Forouzandeh (Reicker, Pfau, et al.) Issue Motion for Preliminary Injunction Ruling: The Court grants the motion of plaintiff ECO Propert y Group, LLC, on behalf of Morongo Equity Partners I, LLC, for a preliminary injunction. The Court imposes a preliminary injunction against defendants Snider Investments, LLC, and David Snider from causing Morongo Equity Partners I, LLC, to sell, encumber, distribute, or otherwise dissipa...

Excerpt: ...David P. Ramirez / Richard D. Seely of Tyson & Mendes LLP for Intervenor Seneca Specialty Insurance Company, on behalf of defendant Irontown Housing Corporation, Inc., a suspended California corporation. ISSUES Demurrers; Motion to Strike RULINGS For the reasons explained below, the demurrers are sustained, without leave to amend as to the second cause of action for recovery of compensation paid to an unlicensed contractor, and are sustained, wit...