Excerpt: ... plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc., are jointly and severally liable. Background On October 31, 2018, plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc. (Above All), filed a complaint for libel against Doe defendants. Above All is a flight school, private plane scenic tour company, aircraft maintenance facility, and charter flight operator operating at the Santa Barbara Airport. On or about...

Excerpt: ... alleges causes of action for violation of residents' rights under Health & Safety Code section 1430(b), elder neglect, and wrongful death. Brought by surviving child Yolanda Salgado-Tovar, the complaint names as nominal defendants Mr. Salgado's surviving spouse and other living children. The complaint alleges that 89-year-old Mr. Salgado was admitted to a skilled nursing facility operated by California Convalescent hospital of Santa Barbara, Inc...

Excerpt: ... answer to the first amended complaint on or before September 21, 2020. Background: As alleged in plaintiffs' first amended complaint (FAC): In the summer of 2016, plaintiffs Barranca Enterprises, Inc. (Barranca), and MLG Leasing, Inc. (MLG), were approached by defendant Gregory R. Reitz, who made a proposal to develop the plaintiffs' properties located on the corners of Garden Street and Anapamu Street in Santa Barbara. (FAC, ¶ 11.) Reitz toute...

Excerpt: ...ve Mandamus and Judicial Review of Administrative Hearing. Respondent is Steve Gordon, Director of the California Department of Motor Vehicles. (The court will refer to respondent as “DMV.”) The petition seeks review of DMV's suspension of Munoz's driving privileges. On June 5, Munoz filed an ex parte application for a stay of the suspension of her driving privileges. Munoz notified DMV of the application by phone and transmitted a copy of th...

Excerpt: ...al.) Ruling: The Court grants the motion of defendant David Snider; defendant and cross-complainant Snider Investments, LLC; and cross-complainant Morongo Equity Partners I, LLC, to transfer and consolidate Riverside Superior Court case Eco Property Group, LLC, an behalf of Morongo Equity Partners I, LLC v. Snider Investments, LLC, et al., Case No. PSC2002900. Background These disputes arise out of the formation of Southern California Cultivation...

Excerpt: ... of proof. Background This is a wrongful death action, brought by plaintiff Ana Cecilia Martinez, the mother of decedent Miguel Angel Martinez (decedent). The complaint, filed March 12, 2018, alleges a single cause of action for wrongful death against defendants Antonio Jaimez, Ciervo Farming Co. LLC, Goleta Farms LLC, Oxnard Coastal Investments LLC, RDC Farming LLC, and Does 1-100. The four named LLC defendants were dismissed by plaintiff on Oct...

Excerpt: ...laintiff Michael Herrera is sustained, with leave to amend, as to the second (elder abuse), third (negligent infliction of emotional distress), fourth (intentional infliction of emotional distress), fifth (breach of fiduciary duty), seventh (negligence), and eighth (accounting) causes of action, and is in all other respects overruled. Plaintiff shall file and serve his second amended complaint on or before September 16, 2020. Background As allege...

Excerpt: ...urk & Burk For Defendants Richard Acosta, Eric Clarke, Inception Altanova Sponsor LLC, Inception Altanova LLC, and Altanova, LLC aka Raia Altanova LLC: James L. Greeley, Alexander R. Safyan, VGC, LLP For Defendants Michael Steinberg and Zevo Drive Holdings, LLC: Michael V. Mancini, John V. Shenk, Lilit Mkrtchyan, Mancini Shenk LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Richard Acosta, Eric Clarke, Inception A...

Excerpt: ...rk Gilbert, M.D.: James M. Burgess, Melissa M. Mikail, Sheppard, Mullin, Richter & Hampton LLP TENTATIVE RULING: For the reasons set forth herein, this action is stayed pending the disposition of Change Healthcare Practice Management Solutions, Inc., et al., v. Schoengold, et al., Ventura County Superior Court case No. 56-2020-00541602-CU-BT-WA. Background: On April 17, 2020, plaintiffs Alan Schoengold, M.D., Prof. Corp. dba SeaView IPA (Medical ...

Excerpt: ...ntiff Beach Front Construction Company shall serve verified further responses, in a form complying with the Code of Civil Procedure, on or before September 14, 2020. (2) For the reasons set forth herein, the motion of defendant Homer T. Hayward Lumber Co. to compel further responses of plaintiff Uptown Center, LLC, to special interrogatories, set two, Nos. 47 through 60, is granted. Plaintiff Uptown Center, LLC, shall serve verified further respo...

Excerpt: ...tion of Skylar L. Gauss, individually, for contempt as to attorney Robert Forouzandeh is denied. Background: On March 25, 2019, plaintiff Saticoy Development Company, LLC (Saticoy) filed its original verified complaint in this action asserting four causes of action: (1) quiet title; (2) declaratory relief; (3) injunctive relief; and (4) conversion of personal property. On May 14, 2019, defendant Skylar L. Gauss, a self-represented defendant, in h...

Excerpt: ...to amend. Background: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. On December 13, 2019, the court sustained defendants' demurrer to the Commission's complaint for failure to join the federal government as an indispens...

Excerpt: ...rthern Division, issued an order indicating that “there is no stay in this case prohibiting the enforcement of a final judgment against Salvatore Espresso Systems, Inc.” The bankruptcy court also lifted any stay involving the individual debtors Salvatore Cisaria and Wendy Stephen, meaning the motion on calendar today can go forward against them as well, although enforcement of any judgment must be made/advanced through the bankruptcy proceedi...

Excerpt: ...o plaintiff Romo Feather, Inc.'s first amended complaint. Background In its First Amended Complaint (FAC), plaintiff Romo Feather, Inc. (Romo), alleges: Romo owns property at 670 Romero Canyon Road in Montecito. [FAC ¶1] Defendants Fay Servicing, LLC (Fay); U.S. Bank, N.A., as legal title Trustee for Truman 2016 SC6 Title Trust (Truman), and Attorney Lender Services, Inc. (Attorney) are engaged in efforts to foreclose on the property commencing ...

Excerpt: ...aye Scholer LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; RULINGS: (1) For the reasons set forth herein, the motion of Jules Vanden Berge to intervene in this action is granted. Intervenor Vanden Berge shall file and serve her complaint in intervention on or before August 31, 2020. (2) For the reasons set for...

Excerpt: ... Floral Company Carpinteria, Inc.: Steven M. Selna, Robert W. Selna, Selna Partners LLP RULING: For the reasons set forth herein, the motion of plaintiffs Joseph Magazino, Sunshine Organics, LLC, Sunshine Organics Greens, Inc., for issuance of a preliminary injunction is denied. Background On October 15, 2015, plaintiff Sunshine Organics Greens, Inc. (Sunshine Greens) entered into a written agreement (Lease) with defendant Westland Floral Company...

Excerpt: ...mary judgment, the motion is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND In this action, plaintiff Laurie Ann Humberd has sued defendants Jackson and Engberg Medical Corporation dba Jackson Medical Group, Inc. (“Jackson Medical”) and Nancy Warner, NP (“Warner�...

Excerpt: ...r Rocha and Sons Transport, LLC Gerald B. Velasco of Stratman, Schwartz & Williams-Abrego for RC Tractor Parts RULING: With respect to plaintiffs' complaint, the motion to summarily adjudicate the first through sixth causes of action in Rocha's favor is granted; in all other respects, the motion is denied. With respect to the cross- complaint filed by RC Tractor Parts, the motion is denied. Background This action, filed on December 21, 2018, aris...

Excerpt: ...orporation Richard H. Glucksman for Cross-Defendant and Cross-Complainant McCoy Electronic Corporation Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and Stuart Rubin TENTATIVE RULING: The motion of Plaintiff McCoy Electric Corporation for an order severing its complaint for fees from the cross-complaint for construction defects filed by defendants Annette Rubin and Stuart Rubin is denied. BACKGROUND: This action arises...

Excerpt: ... is granted. Judgment shall be entered in favor of plaintiff and against defendant William Scott Griffiths the sum of $438,741.96, plus attorney's fees and costs, which shall be determined by separate motion. BACKGROUND: This is an action for breach of a written guaranty agreement. On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. (“Ultimate Brands”) for the principal sum of...

Excerpt: ...dants Frederick A. Aspenleiter and Aspen Custom Interior Woodworking, Inc. TENTATIVE RULING: The Court will grant the motion in part, and award Aspen the amount of $28,890 in attorneys' fees, and will deny the motion in pary, denying any greater amount of fees, and denying the request for further imposition of the 2% per month penalty. Background: This action concerns a contract for the installation of custom cabinetry. In October 2014, plaintiff...

Excerpt: ...ard I. Wideman and Kristin Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. Motion: Plaintiffs move for further responses from defendant Conway, without objection, to Form Interrogatories (FI) ##2.6, 2.7, 3.7, 12.0, 12.3, 12.4, 15.1, 16.2(b...

Excerpt: ...ued by Plaintiff Joi Stephens to Jacquelyn Quinn Attorneys: For Plaintiff: John B. Richards For Defendant: Heather L. Rosing, et al. (Klinedinst PC – San Diego) Emails: [email protected]; [email protected]; Benjamin C. Wohlfeil ; Michael McNally [email protected] Ruling: Defendants' three motions to quash deposition subpoenas are moot as the subpoenas were withdrawn after the motion was filed. The Court orders...

Excerpt: ...h the deposition subpoena issued to Quest Diagnostics and modifies the subpoena to request documents as follows: all documents that reflect Damian Garcia's compensation and benefits from commencement of his employment to present; all documents that refer, relate, or pertain to any discipline of Damian Garcia impacting his compensation and benefits; and all documents that refer, relate, or pertain to any request for accommodation of plaintiff for ...

Excerpt: ...co.santa-barbara.ca.us; [email protected]; [email protected]; RULING: The motion by claimants Arroyo Verde Farms, Inc. and Eagle Bay Enterprises, Inc. dba ProCan Labs for return of seized currency in the amount of $620,998.00 is denied. BACKGROUND On January 22, 2020, the Santa Barbara County Sheriff's Department pursuant to a search warrant seized $620,998.00 in U.S. currency and 1,800 pounds (323 jars) of cannabis oil from real p...