Excerpt: ....com RULING: The demurrer is sustained, with leave to amend on or before September 1, 2020, or such other later date as the Court might set at the hearing on this demurrer. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 201...

Excerpt: ...he March 11, 2020 arbitration award. The court will enter the proposed order of judgment submitted to the court on July 22, 2020. In item 2 of the proposed order of judgment, the court will add the amount of $1,627.30. Discussion: Petitioner RHC Construction, Inc., seeks confirmation of a contractual arbitration award against respondent Edward Paquette, dba Doors Are Us. The parties had entered into a Construction Contract and agreed to arbitrati...

Excerpt: ...ndants TENTATIVE RULING: The motion is granted. Background: This is an action for violations of the Private Attorneys General Act (PAGA). After identifying potential Labor Code claims against defendants, plaintiff sent a statutory notice to the California Labor and Workforce Development Agency (LWDA) declaring her intent to proceed with enumerated Labor Code claims on behalf of herself and other aggrieved employees. An amended notice was set two ...

Excerpt: ...t, plaintiffs Astrid G. Nelson Megel and Clifford Nelson's motion to set/compel depositions of defendants' employees Dwayne Bird, Marjorie Kelbacher, and Robert Gillis. The depositions shall take place at times agreed by the parties. The depositions shall be taken remotely, if the parties agree, otherwise, the deposition of Dwayne Bird will take place in South Carolina; the deposition of Marjorie Kelbacher will take place within 75 miles of her r...

Excerpt: ... denied. BACKGROUND: This is an action for various employment-related and whistleblower claims by plaintiff against her former employer and former supervisor. Plaintiff alleges that she is disabled and that she was subject to discrimination, harassment, and wrongful termination because of her disability and gender. Defendants deny the allegations. There are two motions currently before the court. In the first motion, defendants seek an order comp...

Excerpt: ...ackground: This is a purported class action for wages and Labor Code violations. In a complaint filed on March 4, 2020, against defendant Parks Management Company, plaintiffs Tayler Hannes and Paul Voigt asserted causes of action for 1) failure to pay wages and/or overtime; 2) meal break violations (Labor Code § 226.7); 3) rest break violations (Labor Code § 226.7); 4) waiting time penalties (Labor Code § 203); 5) unreimbursed mileage (Labor C...

Excerpt: ...d and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. On November 8, 2018, Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross-complaint against Wasito and Soenjoto (served on August 28, 2018) and, on December 21, 2018, filed a first amended cross- complaint (FACC) for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and negligent misrepresentati...

Excerpt: ...ion to Compel Compliance with Records Subpoena and Request for Sanctions ATTORNEYS: Samantha M. Baldwin for Plaintiff Suzannah Taylor Jessica Saldo for Defendants Mission Plumbing and Jerry Garcia Joel B. Douglas for Nonparty Santa Barbara Behavioral Health, Inc. Emails: [email protected]; [email protected]@statefarm.com; [email protected] RULING: Defendants' motion to compel nonparty medical provider to comply wit...

Excerpt: ...he court grants defendant Carolyn Maguire's motion for determination of good faith settlement with plaintiff Wyatt Dennett. Claims against defendant Carolyn Maguire for contribution or indemnity are barred as provided in CCP §§ 877 and 877.6(c). Background On August 22, 2019, plaintiff Wyatt Dennett brought this action for personal injuries he suffered on October 27, 2018, when he dropped to the ground from a deck on the premises at 830 Chelham...

Excerpt: ... the reasons explained herein, the demurrer is sustained, with leave to amend on or before September 1, 2020. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 2018, plaintiff's decedent, Alessandro Esquivel, a student at UCSB...

Excerpt: ... Iaian Filippini: Adam M. Zolonz, Jeffrey A. Zolonz, Stephen Parnell, Law Offices of Adam Zolonz For Defendant Tesla, Inc.: Soheyl Tahsildoost, Theta Law Firm, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer of defendant Tesla, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action of the complaint of plaintiffs Alexandro Filippini and Iaian Filippini. Plaintiffs shall file and serve ...

Excerpt: ...he court denies plaintiff Chris White's request for expenses and attorney fees. Background: This action arises out of a residential lease agreement. On October 1, 2016, plaintiff Chris White (“White”) entered into a month-to-month lease of real property located at 726 W. Pedregosa Street in Santa Barbara. (Although the third amended complaint still lists William Levi and Rachel Levi as plaintiffs, they were dismissed from the case with prejud...

Excerpt: ...ichal Wadsworth to appear and testify at deposition is granted. Plaintiff's motion to compel site inspection of defendant's premises is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: Plaintiff Chelsea Herzog is a former employee of defendant NuSil Technology, LLC (“NuSil”). Plaintiff worked for defendant as an analytical technician from April 2016 until December 2018. Defendant Michal Wadsworth (“Wadsworth...

Excerpt: ...ld the vineyard, both the business operations and the land, to defendant Randeep Singh Grewal (“Grewal”), the owner of defendant Ca' Del Grevino, LLC dba Grevino Estate Vineyards (“Vineyards”), located at 2510 E. Clark Avenue, Santa Maria, California 93455. As part of the purchase agreement, Grewal agreed to employ Addamo as the President and General Manager of Vineyards with an annual salary of $200,000. In addition, Addamo was to be pai...

Excerpt: ...the disposition of an appeal in a potentially related action now before the Court of Appeal. (1) City of Torrance Action On March 22, 2019, the City of Torrance (Torrance), which is not a party to this action, filed a complaint in Los Angeles County Superio r in City of Torrance v. Southern California Edison Company, Los Angeles County Superior Court case No. 19STCV10249 (City of Torra n failure to comply with the Torrance Municipal Code. (SCE Re...

Excerpt: ...ement, at or before the final approval hearing. Discuss with counsel the nature of the $5,000 class enhancement amount, which involves a multiplier of 7.8125 over the average payout of $640. While this is not extreme under existing case law, ask plaintiff what facts exist to justify that amount. Discuss what the PAGA statutory scheme requires from a trial court when determining the reasonableness of the PAGA settlement amount. Direct plaintiff's ...

Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a ...

Excerpt: ...d Farmer. Further, Farmer requests that the Court retain jurisdiction to enforce this settlement pursuant to Code of Procedure section 664.6. This motion is made pursuant to Code of Civil Procedure section 664.6 and on the grounds that: the parties' claims have been addressed in the Settlement, which is fair and equitable for the parties, as well as for the potential beneficiaries of the Carrari Family Trust.” (Emphasis added.) Both the notice ...

Excerpt: ...al, Inc.: Randall F. Koenig, Bryan C. Oberle, Koenig Jacobsen LLP For Cross-Defendant Cini-Little International, Inc.: Sharon Sanner Muir, Nicole G. Thal, Collins Collins Muir + Steward LLP (For other parties see list) Emails: [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; steve...

Excerpt: ...n & Pulverman) For Defendant: Tracy M. Lewis (Wood, Smith, et al. – Aliso Viejo) Tentative Ruling: The court denies petitioner Cynthia Stebbins's petition to compel underinsured motorist arbitration and to appoint arbitrator. Background: Plaintiff Cynthia Stebbins obtained Umbrella Policy No. U1A2UB1167412-01 from defendant American Alternative Insurance Corporation (“AAIC”) for the period of January 20, 2017, to January 20, 2018. The umbre...

Excerpt: ... Mercury Bowl, LLC's Motion to Quash Service of Summons and Second Amended Cross-Complaint Attorneys: For Plaintiff/Cross-Defendant Pico Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: represents self For Cross-Defendant Baschung: Brian Smith (Manning & Kass, et al. – Los Angeles) For Cross-Defendants Shabani, Optimus Properties, Green Rivera, and Mercury Bowl: K. Joseph Shabani ...

Excerpt: ...ed. The court allows costs in the amount of $4,351.22. Background: On January 30, 2020, after a three-day court trial, the court found in favor of plaintiff People's Self-Help Housing Corporation (PSHHC), announced judgment in favor of plaintiff and against defendant Superior Millwork of SB, Inc. (Superior) in the amount of $190,634, found that Superior did not prevail on the cross-complaint, and reserved the issue of fees and costs. On February ...

Excerpt: .... The motion is denied as to the first cause of action and as to that portion of the second cause of action based upon intrusion. (2) For the reasons set forth herein, the demurrer of defendant Dana Cook to the first amended complaint is moot as to those causes of action for which the special motion to strike has been granted, is overruled as to the first cause of action, and is sustained, with leave to amend, as to that portion of the second cau...

Excerpt: ...t 23 East Cabrillo Boulevard, Santa Barbara, California 93101. On January 5, 2017, plaintiff Hannah Beachfront, LLC, as lessor, and defendant TWHGP, LLC, as lessee, entered into a ten-year written lease agreement for the premises. The agreed rent was $12,000 per month, triple net. Pursuant to a written amendment to the lease agreement, dated October 2, 2018, rent was to commence on the date defendant first opened its doors for business after rece...

Excerpt: ...ant and plaintiff entered into a written lease dated June 1, 2006. On February 1, 2020, plaintiff personally served a 3-day notice to quit on defendant. In the notice, plaintiff states that, on October 30, 2019, defendant gave notice to move out by January 31, 2020. On January 21, defendant delivered notice that he no longer wanted to move out. Plaintiff states: “I'm not able to accept reason Safety & Firehaz (sic).” Demurrer: Defendant demur...