Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...

Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...

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...

Excerpt: ...ompel ATTORNEYS: Christopher B. Dalbey, Deputy District Attorney, for Plaintiff the People of the State of California E. Patrick Morris for Defendants Summerland Market, Inc. and Elian Hanna TENTATIVE RULING: The court will grant the People's motion, as modified. Defendants Summerland Market, Inc. and Elian Hanna are ordered to provide further responses, without objections, to the People's form interrogatories and inspection demands, together wit...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ...ristol Farms dba Lazy Acres Market Stephen P. Soskin for Defendant HUB International Insurance Services, Inc. TENTATIVE RULING: Plaintiff Dr. Jeffrey B. Panosian's motion for protective order is denied. BACKGROUND: This is a lease dispute involving insurance coverage. Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian are the owners of real property located at 302 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Mark...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...

Excerpt: ...Office for defendants TENTATIVE RULING: The demurrer is sustained, in its entirety, without leave to amend Procedural Background: This action arises from the death of Heidi Swiacki, an ALS patient for whom plaintiff Wanda Nelson (Plaintiff or Nelson) was a caregiver. Nelson was indicted for Swiacki's murder by the grand jury, along with Swiacki's mother, Marjorie Good. She was ultimately convicted of the lesser offense of involuntary manslaughter...

Excerpt: ... the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1120.) Except where matters are specifically permitted to be shown upon information and belief, each affidavit or declaration must show that the affiant or declarant, if sworn as a witness, can testify competently to the facts stat...

Excerpt: ... that he and other hourly employees were not paid for all hours worked and were denied lawful rest breaks and meal periods. On November 13, 2019, plaintiff filed a putative class action complaint for (1) failure to pay minimum and straight time wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and permit rest periods, (5) failure to timely pay wages at termination, (6) failure to provid...

Excerpt: ...f action for declaratory relief and for trespass. It alleges that plaintiff owns property at 2311 Finney Street in the Summerland area, and that Arthur Lacerte resides at the property. Defendant BMO, LLC (BMO) owns property at 2305 Finney Street, at which its managing member, Robert Mecay, resides. The easterly 18 feet of plaintiff's property is the subject of an easement for ingress, egress, and underground utilities, which benefits defendant's ...

Excerpt: ...ed in plaintiffs' complaint: 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. (Complaint, ¶¶ 2, 139.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible route to transport crude oil produced offshore in Santa Barbara. (Complaint, ¶¶ 111, 138.) On the morning of May 19, 2015, ...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ...om; [email protected]; [email protected]; RULING: The petition for writ of mandate of petitioner Santa Barbara Coalition for Responsible Cannabis, Inc. is denied. The Court finds that when respondent County of Santa Barbara added the hoop structure amendment to the LUDC it did not abuse its discretion under CEQA, either by failing to proceed in a manner required by law or by making determinations not supported by substantial evidenc...

Excerpt: ...d attorney's fees in the amount of $131,372.00 against defendant HOA and intervenors the Pinskys. HOA and the Pinskys shall be jointly and severally liable for the fee award. BACKGROUND This action involves a view dispute between neighbors, plaintiffs Melvyn and Barbara Goldsmith (the “Goldsmiths”) and intervenors Milton and Elizabeth Pinsky (the “Pinskys”). The Goldsmiths and Pinskys own adjacent properties located in a common interest d...

Excerpt: ...s which were available during that time, were sufficiently unusual to excuse defendant's failure to timely respond to the complaint. Since she diligently sought to set aside the default after it was entered, and since her failure to timely respond to the complaint resulted from mistake and excusable neglect, the motion will be granted. Defendant is directed to separately file her answer forthwith, but in any event no later than October 19, 2020. ...

Excerpt: ...led May 8, 2020, alleges causes of action for involuntary dissolution of Prism Cam, LLC (Prism), breach of fiduciary duties, constructive trust, fraud, negligence, conversion, breach of contract, and declaratory judgment. Each cause of action arise from the relationship of the individual parties as set forth in the Operating Agreement for the entity defendant, Prism Cam, LLC. The Operating Agreement, at ¶ 10.2 (entitled “Dispute Resolution”)...

Excerpt: ...motion matters are ordered stayed pending transfer of the case. BACKGROUND: Plaintiff Aimie Coleman (“Coleman”) is the successor-in-interest to Garrett R. Casey (“Casey”), a former student at defendant The University of California, Santa Barbara (“Regents”), who died on May 27, 2018, while on a ski trip to Mammoth Lakes with defendant The University of California Santa Barbara Ski and Snowboard Club (“Ski Club”). Casey died from h...

Excerpt: ...ion for: (1) breach of written contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) unfair business practices in violation of Business & Professions Code; (5) constructive trust; (6) equitable lien; (7) resulting trust; (8) declaratory relief. On November 15, 2019, plaintiff filed a Notice of Settlement of Entire Case. On November 18, 2019, plaintiff filed a Stipulation and Order for Court to Retain Jurisdiction. Plai...

Excerpt: ... Peter M. Wucetich of Homan & Stone, Attorneys for defendant Javier Jonathan Antunez. TENTATIVE RULING: The motion is granted; defendant Antunez need not respond to pending discovery, and any future discovery propounded against Antunez in the case is stayed until further order of the court. If the criminal proceedings have not resolved within 6 months, the Court will reassess the propriety of this order. Plaintiff's request for sanctions is denie...

Excerpt: ...ng Discovery into Plaintiff Sierra Saragosa's Sexual History (2) Motion of Defendant HMBL LLC to Compel Deposition of Third Party Witness Suzan Kirkland ATTORNEYS: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach Sueanne D. Chadbourne, Beach Cowdrey Jenkins, LLP For Defendant HMBL, L...

Excerpt: ... for attorney's fees is granted. Defendant is awarded fees in the amount of $39,327.00. BACKGROUND: Plaintiff Grace Design Associates, Inc. (“GDA”) is a landscape design firm. Defendant Mark T. Coffin (“Coffin”) is an attorney. In September 2010, GDA and Coffin entered into a written contract by which Coffin agreed to provide legal and business services to GDA, including reviewing and revising its existing design and construction contract...

Excerpt: ... firm Nye, Stirling, Hale & Miller, LLP (NSHM). Defendants Betty Dunbar (Dunbar) and Dennis A. Peterson were served with the unlawful detainer complaint in early January, 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. By document filed on March 23, 2020, The NSHM firm associated in the law firm of Snell & Wilmer LLP (SW), as co- counsel for Northern Trust. On March 24, 2020, a First Am...

Excerpt: ...ed at 3375 Foothill Road, Unit 711, Carpinteria. (FAC, ¶ 7.) Defendant Nanci Robertson is the owner of real property located at 3375 Foothill Road, Unit 721, Carpinteria, which is the unit directly above Patterson's unit. (FAC, ¶ 9.) Between 2001 and 2018, multiple water leaks from Robertson's unit caused damage and required construction repairs to Patterson's unit. (FAC, ¶¶ 11-14.) On November 19, 2018, Patterson learned from the HOA manager...

Excerpt: ...s). (Complaint, ¶¶ 1, 3, 4.) On July 18, 2019, prior tenants Brianna Anugwum and Doris Jones (now no longer in possession) entered into a written agreement to rent the Premises. (Complaint, ¶¶ 6a, 6b.) Defendant Adam Unmuth is a subtenant, assignee, or guest. (Complaint, ¶ 6c.) Tenants Anugwum and Jones turned the Premises over to Unmuth in mid May 2020. (Complaint, ¶ 6d.) The intent was to add Unmuth to the lease as an assignee, however, U...