Excerpt: ...related material for defendant Greg Smorodinsky pursuant to Evid. Code §§ 1043 and 1045. Defendant Regents of the University of California shall, on or before February 19, 2021, produce to the court, for in camera review pursuant to Evid. Code § 1045(b) and (c), information in the personnel file of Greg Smorodinsky and other records that include all complaints and disciplinary documents from 2015 to present relating to complaints against Smoro...

Excerpt: ...nt at real property located at 6606-6608 Del Playa, Isla Vista, California (the “Property”). The Property is owned by defendant Ronald L. Wolfe and Associates Incorporated. Plaintiff's tenancy at the Property was pursuant to a written lease. Plaintiff alleges that he was served with a termination notice that did not contain the required information under Civil Code Section 1950.5 relating to abandoned personal property. Plaintiff left persona...

Excerpt: ...ssue Parrish's Motion to Recover Stock Certificates Ruling The motion is DENIED. The Court will not accept Parrish's invitation to exercise its equit a a certificate of sale issue for the Avenatti Certificates; that the Doppio Certificate is declar that the Doppio Certificate be re-issued in Parrish's name with appropriate credit given t o Parrish. Analysis The case was last on calendar on 1/5/21; it was continued to 2/2/21 so that Parrish could ...

Excerpt: ...om; [email protected]; [email protected]; [email protected]; [email protected] Issue Pacific Diagnostic's Motion to Compel Compliance or, in the Alternative, Motion for Evidentiary Sanctions; and Request for Monetary Sanctions Ruling The Court denies Pacific Diagnostic's motion to compel compliance or, in the alternative, motion for evidentiary sanctions and request for monetary sanctions. Background This is ...

Excerpt: ...w.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Motion for Evidence and Issue Preclusion Sanctions or, in the Alternative, to Compel Further Discovery Responses. RULING The motion of defendant Esperer Holdings, Inc. for issue or evidence sanctions or to compel plaintiff 1998 Ampersand Aviation, LLC to provide further discovery responses is denied. BACKGROUND In these con...

Excerpt: ...homas & Engbloom Law Group LLP For Defendant CBIZ, Inc.: Sean P. Nalty, Jenny H. Wang, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Second Amended Complaint (2) Demurrer of Defendant CBIZ to Second Amended Complaint RULINGS (1) For the reasons se...

Excerpt: ...nz's 1 st Cause of Action for Defamation in the Cross-Complaint be sustained? Ruling Barnett's demurrer is sustained as set forth below. Barnett's answer to the Cross-Complaint [2 nd Cause of Action] is due February 19, 2021. The CMC set for 8:30 am will be called at the 10 am calendar with the L&M matter. ANALYSIS The Demurrer Filed 10/5/20; sets out two counts: (1) Defamation, and (2) Breach of Contract. The demurrer is to the First Cause of Ac...

Excerpt: ...to her supervisor and to an additional supervisor in or around June 2017. Elkhorn did not rehire plaintiff after her second season of employment despite otherwise satisfactory work performance. Her complaint was filed on August 25, 2020, and alleged the following causes of action: (1) sexual harassment in violation of FEHA; and (2) retaliation in violation of FEHA. Defendant filed its demurrer on December 30, 2020, arguing that plaintiff had fail...

Excerpt: ...efendant Jeffrey McClendon, D.M.D. Catherine Hall for Defendant Michael Gunson, M.D., D.D.S. TENTATIVE RULING: The motion of defendant Jeffrey McClendon, D.M.D., to quash service of the summons and operative complaint and dismissing him from the case is granted for lack of personal jurisdiction BACKGROUND: This is an action for alleged professional negligence and lack of informed consent. Plaintiff is Janet Kayfetz, a resident of Santa Barbara, C...

Excerpt: ...r based upon the statute of limitations defense is overruled as to the financial elder abuse, quiet title, and unfair business practices causes of action. The general demurrer is sustained, with leave to amend, as to the third cause of action for fraud. Plaintiff may file an amended complaint on or before February 16, 2021. Background: Plaintiff's verified complaint, filed October 27, 2020, alleges causes of action for (1) financial elder abuse, ...

Excerpt: ...Family Trust. B. The court overrules defendant Skylar L. Gauss's demurrer to plaintiffs' second amended complaint. C. The court grants, in part, defendant Skylar L. Gauss's motion to strike portions of plaintiffs' second amended complaint. The court grants the motion to strike from the SAC the words “an exclusive” from ¶77; and the words “had exclusive possession and use of all water flowing to Subject Spring” in ¶111, without leave to ...

Excerpt: ...ent, Inc. (Serena), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (Casa Blanca) offered to dedicate to defendant County of Santa Barbara (County) a lateral access easement five feet in width as shown on the lateral access easement exhibit map dated May 23, 1990. The OTD was a condition of approval of the Casa Blanca Final Development Plan permitting the construction of eight residences and a common area lot...

Excerpt: ...orsche 911 Carrera S. Cabriolet from defendant Desert European Motorcars, Ltd (“DEM”) in 2013. Defendants Wayne Bernstein, Shad Scheussler, and Larry Py all worked for DEM as salespersons or managers at the time of the sale. Defendant AmTrust Financial Services, Inc. (“AmTrust”) is the parent company of the surety that issued a performance bond to DEM. Plaintiff alleges that DEM conspired with defendant Porsche Cars North America (“PCNA...

Excerpt: ...age on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments located at 6598 Seville Road in Isla Vista. On November 20, 2015, the heirs of the three victims killed inside the Capri Apartments filed a wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et...

Excerpt: ...rus Khosh-Chasm For Defendant Rucker [“Rucker”]: Darren W. Epps Discovery Referee [“DR”]: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Dungey's motion to compel SBCC to respond further, without objections, to Special Interrogatory No. 33, and for sanctions. Ruling Dun...

Excerpt: ...and amends a “Digest of Laws,” including its Constitution, By-Laws, Articles of Incorporation, and Grange Laws and Usage, all of which are binding upon all constituent units and individual members of the Order, including Subordinate Granges. A State Grange is subordinate to the National Grange. Each State Grange adopts and amends its own rules, which may not conflict with the Digest of Law and which are binding upon all members of the State G...

Excerpt: ...TENTATIVE RULING: Motion of plaintiff Reyes for order lifting the stay of the case is granted. BACKGROUND: This is a whistleblower protection case. Plaintiff Jonathan Lee Reyes is employed by defendant The Regents of the University of California (“Regents”) as a police officer at the University of California at Santa Barbara Police Department (“UCSB-PD”). Plaintiff worked for UCSB-PD from August 2000 to September 2004 and from June 2015 t...

Excerpt: ...ATIVE RULING: The motion for summary judgment by defendant Santa Barbara Cottage Hospital is granted. Judgment shall be entered in favor of defendant and against plaintiffs. BACKGROUND: This is an action for alleged medical negligence and loss of consortium. On January 30, 2015, plaintiff Michael Franklin, then 37 years of age, underwent a microdiscectomy to correct a herniated disc in his low back. The surgery was performed by defendant John Par...

Excerpt: ...udgment on the pleadings with respect to the non-statutory causes of action against the City is granted, without leave to amend. The motion for summary judgment on the cause of action for dangerous condition of public property is denied. Background: Plaintiff's complaint, filed May 2, 2019, alleges three causes of action against the City of Santa Barbara and Doe defendants, including negligence, willful failure to warn, and dangerous condition of...

Excerpt: ... motion for attorney fees and orders that respondent Regents of the University of California pay John Doe's counsel $467,975. Background: On October 21, 2016, petitioner John Doe filed a petition and complaint for declaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe n...

Excerpt: ...er of Defendant HUB International Insurance Services, Inc. ATTORNEYS: For Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian: Jerold Oshinsky, Tracy B. Rane, Kasowitz Benson Torres LLP; Patrick A. Hennessey, Palieri, Hennessey & Liefer LLP For Defendant Bristol Farms dba Lazy Acres Market (also erroneously sued as Bristol Farms, Inc.): Carl L. Grumer, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, In...

Excerpt: ...to amend. Background: On November 2, 2020, plaintiff Laura J. Austin filed her complaint in unlawful detainer against defendant William C. Holmes. On February 2, 2019, pursuant to a written agreement, defendant rented from plaintiff property at 5688 Fiesta Drive in Carpinteria on a “year-to-year” tenancy. Pursuant to a 3-day notice to quit served on October 20, 2020, plaintiff terminated the tenancy for at-fault just cause as defined in Civil...

Excerpt: ...interrogatories, form interrogatories, requests for production of documents, and requests for admission. The motion is in all other respects denied. The denial of monetary sanctions in each motion is without prejudice to asserting a claim for monetary sanctions in a subsequent motion arising out of the same discovery at issue in these motions, which claim includes attorney fees and costs sought in these motions. Background: On February 14, 2019, ...

Excerpt: ...nt Royal & Sun Alliance Ins. PLC (Royal & Sun) to cover the mother plants at the facility. It obtained commercial property, business personal property, and business income insurance from defendant National Fire & Marine Ins. Co. (National Fire) As it described the business in the two actions, Start operated a large-scale cannabis nursery which grew mother plants, clones, and teens. Fresh tips from mother plan branches were nurtured for up to 30 d...

Excerpt: ...nically) file or lodge provisionally under seal the confidential non-monetary terms of the settlement for the court's review on or before January 29, 2021. Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, filed their original complaint in this action against defendants The Regents of the University of California (Regents), Kesem, Andrew Waugh, Courtney...