Excerpt: ...n Association, not JAMS, in accordance with the Rules of the American Arbitration Association. BACKGROUND This action concerns a dispute over the determination of the adjusted monthly rent due under a commercial lease agreement. Petitioners Jeffrey B. Panosian and Claire B. Panosian are the owners of real property located at 302-306 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Market, a retail supermarket. Petitioners lease...

Excerpt: ... of Santa Barbara Randall F. Koenig for Defendant and Cross-Complainant Rosser International, Inc. Nicole G. Thal for Cross-Defendant Cini-Little International, Inc. For the Trial: Plaintiff's Trial Counsel: Michael C. Ghizzoni, County Counsel, Johannah Hartley, Deputy County Counsel, Robert 0. Owen, Douglas J. Dennington. Trial Counsel for Defendant Rosser: Randall Koenig, Wilfred A. Llaurado and Bryan Oberle. Trial Counsel for Cross-Defendant C...

Excerpt: ...tiffs for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion by Zoom and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the court at this time. (2) Notice having been given of the lodging of documents conditionally under seal without the intention of moving to seal those documents and the time for the filing of a motion to s...

Excerpt: ...dba L.A. Care Health Plan: Kevin E. Gilbert, Nicholas D. Fine, Orbach Huff Suarez + Henderson LLP RULING: For the reasons set forth herein, the demurrer of defendant Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan is sustained, with leave to amend, as to each of the causes of action of the complaint. Plaintiff Santa Barbara Cottage Hospital shall file and serve its first amended complaint on or before November 1...

Excerpt: ...rike allegations regarding and the prayer for exemplary damages in plaintiff Valentina Martinez's complaint without leave to amend. Analysis: Complaint: Plaintiff Valentina Martinez, by the through her parent and guardian ad litem Elias Sanchez, filed her complaint on July 20, 2020. (The complaint lists only Martinez as a plaintiff, through her guardian ad litem. However, at places in the complaint, there are references to “plaintiffs,” refer...

Excerpt: ...y, Trustees of the Nary Family Trust, Schedule C Separate Property dated March 28, 2012, and Mary M. Mooney, Trustee of the Mooney Trust dated June 4, 2010: Christopher E. Haskell, Emily B. Harrington, Price, Postel & Parma LLP For Defendants Maricel Gabriela Hines, individually and as Trustee of the Montecristo #2 Living Trust, UA dated September 24, 2015, and Hugo Roberto Garcia, individually and as Trustee of the Montecristo #1 Living Trust, U...

Excerpt: ...tiff Judith M. Jennifer L. Russell / Nicole A. Glassman / David J. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Hooman & Stone Attorneys for defendant Javier Jonathan Antunez Eve H. Korff / Alex Xilva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee, in both cases TENTATIVE RULINGS: The Antunez demurrer is overruled as to the willful misconduct cause of action, sustained with leave to ame...

Excerpt: ...ayfetz's first amended complaint with leave to amend. First Amended Complaint (FAC): Plaintiff Janet Kayfetz filed her original complaint in this case on December 18, 2019. In her FAC for professional negligence and lack of informed consent, Kayfetz alleges: In January 2012, Dr. Michael Gunson recommended that Kayfetz go to Dr. Jeffrey McClendon for treatment of her dental issues. From that date forward, McClendon collaborated with Gunson in Guns...

Excerpt: ...nt of plaintiff Housing Authority of the City of Santa Barbara for unlawful detainer without leave to amend. Background: On August 4, 2020, plaintiff Housing Authority of the City of Santa Barbara filed its complaint for unlawful detainer against defendants Adam Chapman and Zoe Chapman. (Sometimes plaintiff refers to Zoe Chapman in the complaint as Zoe Jones and that is how she is listed on the lease that is the subject of the action. Defendants'...

Excerpt: ... overruled. Defendant shall file and serve its answer to the complaint on or before November 9, 2020. BACKGROUND: Plaintiff Roic California, LLC brings this action against defendant Ribco, Inc. dba Woody's BBQ for breach of a written lease agreement involving premises located at 5112 Hollister Avenue, Santa Barbara, California 93111. Plaintiff alleges that defendant breached the written lease agreement by failing and refusing to pay the rent and ...

Excerpt: ...1, 2020, plaintiff personally served a 3-day notice to quit on defendant. Defendant has failed and refused to vacate the premises and on March 2, 2020, plaintiff filed his complaint for unlawful detainer. On March 12, 2020, plaintiff filed a first amended complaint (FAC). Defendant demurs to the FAC for failure to state facts sufficient to constitute a cause of action. There is no filed opposition to the demurrer. ANALYSIS: The grounds for object...

Excerpt: ...ornia. (Second Amended Complaint [SAC], ¶ 11.) Start grew “mother plants” from which it harvested “clones” to sell to cannabis farmers throughout California. (SAC, ¶¶ 8-10.) During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. (SAC, ¶ 14.) On January 9, 2018, heavy rain and high winds damaged the retractable shade- cloth and the gree...

Excerpt: ...o the Deutsche Bank subpoena. The motion is conditionally granted as to request Nos. 31, 32, and 33, and to non-tax documents responsive to the Deutsche Bank subpoena. On or before November 13, 2020, plaintiff Robert Mecay shall serve (1) written stipulations substantially identical to the stipulations set forth herein on defendants, or (2) a written notice that plaintiff Mecay declines to stipulate as proposed by this order. Plaintiffs shall con...

Excerpt: ...of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 496.) Moreover, assuming the complaint is brought by plaintiffs as decedent's successors in interest, they must comply with the declaration requirem...

Excerpt: ...ld.com; [email protected]; [email protected] Ruling: Pinskys' motion to tax costs is DENIED. Analysis This motion to tax costs was filed 9/29/20. The particular items of costs that Pinskys seek to strike are the following: Item No. 1, Filing and motion fees - $1,145.00; Item No. 10, Attorney fees - Amount set forth in separate Motion; Item No. 14, Fees for electronic filing or service - $108.15. Subsequently on 10/13/20 this Court ru...

Excerpt: ...nment & Infrastructure Solutions, Inc [“EIS”] is represented by William S. Edic. Email addresses; [email protected]; [email protected]; [email protected]; Rulings: For the reasons set out below 1. The Motion for Summary Judgment is GRANTED. 2. EIS's evidentiary objections: Objection #1. Rental documentation attached as Exhibit A to the Declaration of Plaintiff's Attorney John B. Richards – Grounds for objection: Hearsay; lack of f...

Excerpt: ...ant [“State of California”] is represented by Michael Harrington. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling. The motion is GRANTED. A “proposed order” was previously submitted on 4/14/20 that appears to be still viable and the Court intends to sign it unless District submits a different order prior to the hearing. Analysis...

Excerpt: ...Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: self represented Tentative Ruling: The court denies the motion of plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP, and cross- defendant Mortgage Company of Santa Barbara, Inc. to enforce settlement agreement pursuant to CCP § 664.6. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (Pico), sued defenda...

Excerpt: ...TIVE RULING: Defendant Jessica Berry's motion for sanctions pursuant to Code of Civil Procedure Section 128.7 is denied. BACKGROUND: This is an action for (1) libel, (2) defamation per se, (3) intrusion, (4) intentional infliction of emotional distress, (5) unfair business practices, (6) elder abuse, (7) quantum meruit, and (8) unjust enrichment/restitution. Plaintiffs are David G. Bertrand (“Bertrand”) and his business manager, Dorothy Churc...

Excerpt: ...torney Fees (3) Motion of Defendants for Award of Attorney Fees 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 & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar ...

Excerpt: ...s granted. Plaintiff is awarded attorney's fees and costs in the amount of $145,412.04. BACKGROUND: On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. for the principal sum of $653,466.27. The loan was documented by a promissory note executed by Ultimate Brands' president, defendant William Scott Griffiths (“Griffiths”). Concurrently with the execution of the note, Griffiths ...

Excerpt: ...is action arises out of competing claims over the proceeds of a $100,000 life insurance policy that was purchased by Laurence O. Pilgeram (“Mr. Pilgeram”) to cover the cost of cryogenically preserving his remains. Plaintiff Alcor Life Extension Foundation (“Alcor”) is the company hired by Mr. Pilgeram to preserve his remains. Defendants Kurt J. Pilgeram (“Kurt”) and Karl E. Pilgeram (“Karl”) are the adult sons of Mr. Pilgeram. On ...

Excerpt: ... further verified responses to request Nos. 42 and 43, in a form complying with the Code of Civil Procedure, to be served on or before November 9, 2020, together with the production of all responsive documents identified in the response to be produced. If any such documents have already been produced or are in defendant's possession, Beall may identify each such document specifically as having been produced or in defendant's possession. In all ot...

Excerpt: ...pon the habitability of rental units. Baratto had served as plaintiffs' insurance agent, in acquiring the policy, and the action against it was essentially one for professional negligence. In December, 2019, plaintiffs served a request for the production of documents and things on defendant Baratto. On February 25, 2020, plaintiff filed a motion to compel further responses, setting the hearing for March 20, 2020. That hearing date was vacated by ...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...