Excerpt: ... is DENIED. Background On August 23, 2018, Novacoast filed this action against Symantec and DigiCert. Defendants filed an answer in 10/2018; a trial date was set at the request of Novacoast; the parties stipulated to continue it because of issues that presented in discovery; Novacoast added eight new causes of action; On August 2, 2019, Novacoast filed its first amended complaint (“FAC”). After a Demurrer was sustained Novacoast filed its sec...

Excerpt: ...cino) Email addresses: [email protected]; [email protected]; [email protected]; [email protected] Rulings: 1. The Court overrules County of Santa Barbara's demurrer to plaintiff Ana Esquivel's first amended complaint. 2. The Court overrules Isla Vista Recreation and Park District's demurrer to plaintiff Ana Esquivel's first amended complaint. 3. The Court denies Isla Vista Recreation and Park District's motion to str...

Excerpt: ...Cross- Complainants”]; Jason D. Annigian and James T. Ryan Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Ruling: 1. The MEPI demurrer to the First Cause of Action for Breach of Contract that Cross-Complainants Newby, Owens, MacFarlane and Walker allege in their Cross-Complaint is OVERRULED. Their answer shall be filed by December 15, 2020. 2. This case is also on the CMC calendar a...

Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...

Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...

Excerpt: ...n ATTORNEYS: For Petitioner Santa Barbara Coalition for Responsible Cannabis, Inc.: Marc Chytilo, Ana Citrin, Law Office of Marc Chytilo, APC; Courtney E. Taylor; Robert A. Curtis, Foley Bezek Behle & Curtis, LLP For Respondents County of Santa Barbara and Santa Barbara County Board of Supervisors: Michael C. Ghizzoni, Lina Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Stei...

Excerpt: ...el Hernandez, and Diego Rodriguez Garcia. The operative First Amended Complaint (FAC) filed by plaintiffs on September 10, 2020, seeks both individual damages and PAGA penalties (brought only by defendants Armenta, Garcia, and Hernandez), alleging causes of action for (1) failure to pay wages, (2) failure to provide compliant meal, rest, and recovery periods, (3) untimely payment of wages, (4) failure to keep accurate records of hours worked, (5)...

Excerpt: ... §§ 1194 and 1198); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 20...

Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...

Excerpt: ...opher E. Dawood, Deputy County Counsel Tentative Ruling: The court grants, in part, the motion of defendant County of Santa Barbara to strike portions of the complaint of plaintiffs Robert Kirsch, Joshua Lake, and Robert Garnica. The court orders ¶¶38 and 40 stricken from plaintiffs' complaint without leave to amend. The court denies the motion as to ¶41. Defendant County of Santa Barbara shall answer the remaining allegations of the complaint...

Excerpt: ...f defendants Synectic Systems, Inc. (SSI), and Paul Webb to compel arbitration. Background: Plaintiff John Roessler filed his complaint against defendants Synectic Systems, Inc. (SSI), and Paul Webb for 1) failure to pay earned wages, 2) breach of contract, 3) breach of the implied covenant of good faith and fair dealing, 4) unlawful retaliation, 5) wrongful termination in violation of public policy, 6) unfair competition, and 7) defamation. On O...

Excerpt: ...irst Amended Complaint ATTORNEYS: Garry M. Tetalman for Plaintiff Nicholas Lewis, an individual and as Guardian Ad Litem for Plaintiff Philip Jaworski Barbara A. Carroll for Defendants Santa Barbara Cottage Hospital, Inc. and Cottage Health, Inc. TENTATIVE RULING: Defendants' demurrer to plaintiffs' first amended complaint is sustained as to plaintiff Nicholas Lewis without leave to amend for lack of standing. Defendants' demurrer to plaintiff Ph...

Excerpt: ...ate Attorney General, filed his complaint against defendants Channel Auto Services LP (erroneously named by its fictitious name “Price Management”; hereinafter Channel); Coast Village, Inc. (CVC); and Mesa 76 LP (Mesa). The causes of action are: 1) missed meal breaks; 2) missed rest breaks; 3) failure to pay reporting time wages; 4) violation of Labor Code § 226; 5) violation of Labor Code § 203; 6) violation of Labor Code § 1102.5; 7) wro...

Excerpt: ...is Armstrong and Associates, LLC (LAA). Plaintiff/cross-defendant Robert S. Shumake Living Trust 1994 (Shumake) and defendants Jason Q. Wilson Trust Dated October 18, 2007; G Boys, LLC; Michael DeSalvo; and 2017 Lonestar Properties, Inc., are members of LAA. LAA holds a lease and purchase agreement for improved real property in Carpinteria. LAA's business is to cultivate medicinal and adult-use cannabis. On January 17, 2019, Shumake filed its com...

Excerpt: .... Plaintiff alleges: Defendant had entered into a written lease for premises at 315 W. Carrillo Street, #105, in Santa Barbara. The lease agreement, including its addenda, was prepared in accordance with the requirements of federal law, and related implementing regulations as determined by the federal Department of Housing and Urban Development (HUD). [Complaint ¶¶5, 6] Emergency orders of the Governor, County of Santa Barbara Health Officer, S...

Excerpt: ...nd Jerry Garcia's motion for a neuropsychological examination of plaintiff Suzannah Taylor, subject to conditions and the protective order set forth in this ruling. Counsel for defendants shall prepare an order. The examination shall take place on November 16, 2020, at 9:00 a.m., or such other time as agreed by the parties. Background This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling: The Demurrer and Motion to Strike are DENIED. Cross-Defendant to file his answer to the Cross- Complaint by November 25, 2020. Analysis Plaintiff CARP Property, LLC [“CARP”], commenced this action on August 9, 2019. In its complaint, plaintiff alleges that on March 15, 2016, Rafi Tarakjian [“Tarakjian”], sol...

Excerpt: ...For Defendant: Darryl C. Hottinger, et al. (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: The court grants defendants Community Arts Music Association of Santa Barbara, Inc., and Elizabeth Alvarez's motion to strike portions of plaintiff Jeffrey D. Everhard's amended complaint without leave to amend. Background: Plaintiff Jeffrey D. Everhard commenced this action on May 18, 2020. In his amended complaint (FAC) against Community Arts Music A...

Excerpt: ...s of John J. Thyne III Defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler: Nathaniel L. Marston TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler to quash service of summons is denied. Defendants shall file and serve their answer to the complaint on or before November 23, 2020. Background: As alleged in plaintiffs' complaint: Plaintiffs Block Fa...

Excerpt: ...t: self represented Tentative Ruling: (1) The court grants, in part, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson's Motion to Compel Responses to Supplemental Written Discovery, and Motion to Compel Deposition of Defendant Jessica Berry, and orders that, on or before November 23, 2020, defendant Jessica Barry shall serve answers to the supplemental interrogatories served in this case on July 27, 2020, without objections. The court d...

Excerpt: ...'s motion for judgment on the pleadings is granted. The County of Santa Barbara's complaint in eminent domain is ordered conditionally dismissed to allow County to adopt a new Resolution of Necessity or to take other corrective action as needed. Defendant is awarded reasonable attorney's fees and costs of $47,495.75. BACKGROUND: In this eminent domain action, plaintiff County of Santa Barbara (“County”) seeks to acquire four easements on parc...

Excerpt: ...homas Goodwin, and Judy Atkins: Russell Brown For Defendant City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow: Ariel Pierre Calonne, Tom R. Shapiro, John S. Doimas, Office of the City Attorney TENTATIVE RULING: For the reasons set forth herein, the special demurrer of defendants City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow to plaintiffs' complai...

Excerpt: ...16, 2020. Defendants are awarded monetary sanctions against plaintiff in the amount of $3,180.00. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years a...

Excerpt: ...ified as an unlimited civil action. On September 8, plaintiff filed a first amended complaint (FAC) for breach of contract, unjust enrichment, and fraud/deceit against defendants TWHGP, LLC; Ted Ellis; Greer Ellis; and Ray Pattnaude. TWHGP has answered the FAC. (There is no summons for or proof of service on the individual defendants.) Motion: Plaintiff moves for an order compelling Ted Ellis to attend a deposition and for sanctions against Ellis...

Excerpt: ...t Asian Pacific Health Care Venture, Inc., is sustained, with leave to amend, to the second 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. (4) Plaintiff Max Hennard shall file and serve his third ...