Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...

Excerpt: ...the pre-filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding jud...

Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...

Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...

Excerpt: ... Spackman & Clark, LLP TENTATIVE RULING: For all reasons stated herein, the court grants defendant Cottage Health, Inc.'s motion and orders plaintiff's complaint as to Cottage Health, Inc., dismissed. Background: Plaintiff Jonathan VanLoan's (VanLoan) complaint filed on June 22, 2022, alleges causes of action for negligence, medical negligence, assault, attempted murder (medical battery), intentional infliction of emotional distress, and false im...

Excerpt: ...ociation: Norman S. Wisnicki For Defendant Mary Berry.: Eric A. Woosley, Alexander Lambrous, Paul A. Elkort TENTATIVE RULING: The motion of defendant Mary Berry for good faith settlement determination is denied without prejudice. Background: On April 6, 2017, plaintiff Franciscan Oaks Condominium Association, Inc. (FOC) filed its complaint against defendant Mary Berry asserting causes of action for breach of convenants and nuisance (case number 1...

Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...

Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...

Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...

Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...

Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...

Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...

Excerpt: ...98); (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, 2020 and added a ca...

Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...

Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...

Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...

Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...

Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...

Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...

Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...

Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...

Excerpt: ...ousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...

Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...

Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...

Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...

Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...

Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) 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. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...

Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...

Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 2023 Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbre Ranch Living Trust dated J...

Excerpt: ...A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Marcus S. Bird, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rische, Leena Sheet, Office of the California Attorney General For Defendant Intervenor Gaviota ...

Excerpt: ...Defendants Jock M. Sewall and J.M. Sewall & Associates: Louis R. Chao, Brian K. Stewart, Collins + Collins LLP TENTATIVE RULING: Defendant's motion is denied. Background: Plaintiffs Thadias B. King (Mr. King) and Terri S. King's (Mrs. King) (collectively, the Kings) complaint filed on February 11, 2021, alleges two causes of action for professional negligence and negligent misrepresentation against defendants J.M. Sewall & Associates (JMSA) and J...

Excerpt: ...n paragraphs 37, at page 9, lines 1 to 2 (“Cross-Defendants' false accusations regarding Cross-Complainant have inhibited and impaired Cross-Complainant's use of his backyard.”), 44, at page 9, line 27, to page 10, line 2 (“Cross-Complainant contends that Cross-Defendants intentionally or recklessly defamed his character and reputation and did so with malice.”), 45, lines 5 to 7 (“Cross-Complainant desires a judicial determination of th...

Excerpt: ... on July 20, 2020, by plaintiffs Epifanio Armenta, Alex Garcia, Jose Albarran Hernandez, Josue Gamino, Manuel Hernandez, and Diego Rodriguez Garcia. Plaintiffs filed a first amended complaint (FAC) on September 10, 2020. On November 20, 2021, defendants' demurrer to the FAC was sustained with leave to amend. On December 3, 2020, plaintiffs filed the operative second amended complaint (SAC). The SAC names as defendants R.J. Carroll & Sons, Inc. (R...

Excerpt: ... further responses, without objection and in a form complying with the Code of Civil Procedure, on or before December 23, 2022. (2) Michael D'Alise shall provide a true and correct copy of the criminal protective order, referenced in his response to form interrogatory-general No. 2.5, to plaintiffs' counsel, on or before December 23, 2022. (3) Michael D'Alise shall provide proper, code compliant, verifications to his amended responses to request ...

Excerpt: ...Mutual Automobile Insurance Company's (State Farm) complaint filed on February 3, 2021, alleges one cause of action for subrogation against defendant Diamond Finish Auto Body, Inc. (Diamond Finish). As alleged in the complaint, on May 15, 2018, Diamond Finish was hired to repair State Farm's insured's vehicle. In performing the repairs, Diamond Finish only replaced the negative terminal on the insured's electric car even though both terminals nee...

Excerpt: ...atters remaining for the court at this time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200...

Excerpt: ...n its Minute Order dated May 20, 2022, the court, noting that Corporations Code section 17711.06, subdivision (a), required the filing of a “complaint”, ordered the hearing on the petition off calendar as premature. On May 23, 2022, Welsh filed his complaint in this matter against defendants Fiore Management, LLC (Fiore) and Adrian Z. Sedlin (Sedlin), stating that two causes of action for breach of contract and violation of Corporations Code ...

Excerpt: ...eged in plaintiff Dennis Tegard's complaint filed on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate, refer to Westmont, Boyd, and Maes, collectively, as...

Excerpt: ...e reasons set forth herein, the demurrer is sustained with leave to amend. Plaintiff shall file and serve his first amended complaint on or before December 30, 2022. Background Plaintiff David Matthew Kilrain filed his complaint on May 9, 2022, naming himself and Carrera Kilrain as plaintiffs and Dr. Steven Goss, DVM as the sole defendant. Following attempts to meet and confer regarding deficiencies in the complaint, Dr. Goss filed the present de...

Excerpt: ...Background: This case has a long and complex history. The current motion arises as a result of events which occurred in a much later related case, Aguila v. Pico Rivera First Mortgage Investors, LP, et al. (Santa Barbara Superior Court Case No. 22CV00464). In that case, the Settlement Agreement from which the stipulated judgment which defendant Aguila now seeks to vacate arose, played a central role. In its tentative ruling granting the Code of C...

Excerpt: ...genia Anaya Cortez: Clayton Lee and Tae Kim; Wilshire Law Firm For Defendant Daniel Baruch Bollag: Patrick J. Gibbs and Mark P. LaScola; Ford, Walker, Haggerty & Behar TENTATIVE RULING: For the reasons set forth herein, the motion to compel further responses to special interrogatories (set three) and request for sanctions is granted. Plaintiff shall serve verified responses to special interrogatories Nos. 37 and 38, without objections, on or befo...

Excerpt: ...mpany and Fidelity National Financial, Inc. for order deeming Randy Quaid and Evgenia Quaid vexatious litigants, precluding them from filing further litigation in pro per, and requiring them to furnish security (3) Demurrer by Turicchi cross‐defendants to the Quaids' First Amended Cross‐Complaint (4) Demurrer by Fidelity National Financial, Inc. and Lawyers Title Company cross‐defendants to the Quaids' First Amended Cross‐Complaint (5) Mo...

Excerpt: ...nt filed on December 26, 2019, on November 26, 2014, plaintiff entered into a written agreement with David Stephen Sorensen aka D. Stephen Sorensen aka Steve Sorensen (Mr. Sorensen), Mr. Sorensen and Shannon Sorensen (Ms. Sorensen) as Trustees of the Sorensen Trust dated July 29, 1991 (the Sorensen Trust), Esperer Holdings, LLC (Esperer LLC), Esperer Holdings Inc. dba Esperer Holdings LLC (Esperer Inc.), Robin Hill, LLC (Robin Hill), and SSST Hol...

Excerpt: ...ned upon the filing of an undertaking) only, the motion is denied without prejudice to the later bringing of a procedurally appropriate motion under section 405.33. The requests of all parties for an award of attorney fees and costs are denied. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonat...

Excerpt: ...ds. Herbl may redact any particularly sensitive information such as account numbers, tax identification numbers, or social security numbers that appear on the documents. 2. The motion is denied as to request No. 3. 3. The motion is denied as to requests No. 7 and No. 8. 4. The motion is granted as to requests No. 9 and No. 10. 5. The motion is denied as to requests No. 15 through 18. 6. To the extent that Herbl asserts an objection on the grounds...

Excerpt: ...n J. Boustani, Barnes & Thornburgh LLP No appearance for any other party in the related case RULING (1) For the reasons specified herein, the court finds that the transfer to this court of Orr, et al., v. Rosenthal, et al., Ventura County Superior Court case No. 56‐2022‐00569270‐CU‐BT‐VTA (the Derivative Action), now pending in the Ventura County Superior Court, will promote the ends of justice. The motion of Daniel Rosenthal, Steven Sc...

Excerpt: ... J. Boone, Carolyn S. Elliott, Kaden D. Byron, Nathalia A. Aguirre, Patenaude & Felix, A.P.C. For Defendant Christophe Rudder a/k/a Christopher S. Rudder: Self Represented For Defendant Kimberly A. Breed: No Appearance TENTATIVE RULING: Plaintiff's motion is granted, in part. The dismissal entered on July 31, 2018, shall be vacated and judgment in the amount of $9,033.86 shall be entered against defendant Christophe Rudder a/k/a Christopher S. Ru...

Excerpt: ...ss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of The Los Canoas Co. dba Construction Plumbing for Attorney Fees is granted. The court awards attorney fees in favor of The Los Canoas Co. dba Construction Plumbing and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $574,799.75. Background: This action arises out of a remod...

Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING:...

Excerpt: ...h, Smoak & Stewart, P.C. TENTATIVE RULING: Defendant's petition to compel arbitration is granted, in part. This matter shall be stayed in accordance with this ruling. Background: On January 19, 2022, plaintiff Cesar “Tito” Arriaza (Arriaza) filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2698, et seq. (the Private Attorneys General Act or PAGA). Arriaza contend...

Excerpt: ...thy S. McConn, Tracy N. LeRoy, Wynn B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Plaintiff California State Lands Commission (case No. 18CV02504): Rob Bonta, Brian D. Wesley, Matthew C. Heyn, Michael T. Zarro, Robert R. Willis, Office of the California Attorney General For Plaintiff Aspen American Insurance Company (case No. 18CV02504): David C. Veis, Laura Nas...

Excerpt: ...Jarlath M. Curran II / Douglas C. Stastny of Severson & Werson for defendants PHH Mortgage Inc, and Cascade Funding Mortgage Trust ‐HB8 TENTATIVE RULING: The motion for preliminary injunction is denied. Background: On August 29, 2022, Paul Eggli (Eggli) filed the current action, allegedly as fiduciary for plaintiff Christine Nyun‐Han (Nyun‐Han), alleging four separate causes of action for trespass on the case against various defendants, inc...

Excerpt: ... The demurrer of Benjamin Storck, to the cross‐complaint of Gina Hurley, is overruled. Benjamin Storck shall file an answer to the cross‐ complaint no later than November 22, 2022. Background: This action was commenced on June 22, 2022, by the filing of the complaint for constructive eviction and conversion by plaintiff Benjamin Storck against defendant Gina Hurley. The complaint alleges that plaintiff paid to defendant the amount of $16,500....

Excerpt: ...d by Defendants Roe and Smythe related to an insurance claim involving an apartment building, in Pasadena, California, owned by plaintiffs. Michelle Smythe and Smythe Law Group (“Smythe Defendants”) were served on July 6, 2022. It does not appear that defendant Robert Roe has been served. The Smythe defendants filed the motion for change of venue, from Santa Barbara County to Los Angeles County on July 29, 2022. They argue that venue is prope...

Excerpt: ...the complaint, on December 12, 2017, Levine signed a residential appraisal report (the appraisal) she prepared with respect to real property located at 2671 Painted Cave Road in Santa Barbara (the property). (Complaint, ¶ 8 & Exh. 1.) The appraisal identified the client name/intended user as Val‐Chris Investments, Inc. (Val‐Chris). (Ibid.) The value of $4.5 million attributed to the property in the appraisal was grossly inflated. (Id. at ¶ ...

Excerpt: ...l not be used or disclosed except in connection with this litigation. The parties shall meet and confer regarding the specific language of the protective order. (3) If not already completed, the parties shall finalize the Belaire-West notice. (4) Rich & Famous, Inc. dba Big Green Cleaning Company shall provide verified responses, absent objections except as to privilege, on or before November 28, 2022. (5) The request of plaintiff for an award of...

Excerpt: ...es and to production demand Nos. 1‐8 shall be made without the objections asserted by AECOM in its prior responses, given their complete failure to justify any of the objections in opposition to the motions. Responses shall be provided to production demand Nos. 9‐40 without any objections, which were waived by AECOM's failure to provide any timely responses to these requests. Sanctions of $7,500 will be awarded to RECON for each motion (for a...

Excerpt: ... 2018 accident, in which a black 2000 Ford Explorer (driven by Bibiano) collided with a 2013 silver Nissan Altima driven by Adriana. (Case No. 18CV03707, Judge Beebe.) Chubb Insurance Co., Everest Insurance Co. (“Everest”), and Great American Ins. Co. (“GAIC”) provided defenses for their respective insured. Underlying Defendants did not file a cross‐complaint. On April 24, 2019, the Underlying Plaintiffs resolved their claims at a Manda...

Excerpt: ...t would not treat the application as a motion for judgment on the pleadings (at least to the extent defendants were advancing a facial broadside to the allegations in the operative complaint). On August 17, 2022, the court granted plaintiff's request to file a fourth amended complaint, vacated the trial date, reopened discovery, and reaffirmed that Alberto Rodriguez was dismissed as a party to the second cause of action for declaratory relief. Th...

Excerpt: ...ph A. Schwar, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer, Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Jeffrey A. Charlston, Stephen P. Soskin, Charleston, Revich & Wollitz LLP TENTATIVE RULING: The motion of plaintiff Heritage Two LLC to enjoin arbitration between plaintiff Heritage Two LLC and defendant Bristol Farms is denied. T...

Excerpt: ...Montecito Retirement Association dba Casa Dorinda: Madona L. Devling For Defendant Jevson Arevalo: Debra Ellwood Meppen TENTATIVE RULING: The motion of Casa Dorinda to Compel Arbitration is granted. The following sentence contained in paragraph six of the arbitration agreement is sticken: “Unless otherwise ordered by the arbitrator, each party shall pay its/his/her own attorneys' fees, witness fees, and other expenses incurred by the party for ...

Excerpt: ...R. Reid, Peter E. Theophilos, Lewis, Brisbois, Bisgaard & Smith LLP TENTATIVE RULING: The Motion of Defendant Santa Barbara Zoological Foundation is denied. Background: In his complaint filed on May 13, 2020, plaintiff Preston Breunig (Breunig) alleges that, while a business invitee at defendant Santa Barbara Zoological Foundation dba Santa Barbara Zoo (the Zoo), he was using the restroom on the Zoo's premises at 500 Ninos Drive in Santa Barbara,...

Excerpt: ...ount of $1,711.67 (Memorandum of Costs section (5)), will not be allowed; (3) Court Reporters Fees (Memorandum of Costs section (12)) will be allowed at the reduced amount of $1,795.50; (4) All other claimed expenses in the Memorandum of Costs will be allowed; (5) The court orders an award of costs in the amount of $40,852.69, pursuant to the Memorandum of costs, payable in favor of Eric Woosley and against Sheila Gianelli. Background: On May 5, ...

Excerpt: ...er against defendants Haley Christina and Alexandre Hort (defendants) alleged that on August 16, 2021, Kent, as owner, and defendants, as tenants, entered into a written residential rental agreement for premises located at 312 E. Sola Street, Unit 1, in Santa Barbara, California. (Compl., ¶¶ 3.a, 4, 6.a, 6.b, Exh. 1.) Defendants agreed to rent the premises as a one‐year tenancy and to pay monthly rent in the amount of $2,950. (Id. at ¶¶ 6.a...

Excerpt: ...ges that Havlik, as owner, and Dziedzic, as tenant, entered into a written residential rental agreement for premises located at 1007 Chino Street, Unit B, in Santa Barbara, California. (Compl., ¶¶ 3, 4, 6.a, 6.b, Exh. 1.) Dziedzic agreed to rent the premises as a month‐to‐month tenancy and to pay monthly rent in the amount of $1,950. (Id. at ¶ 6.a.(1) & (2).) On January 1, 2019, Dziedzic's rent increased to $1,975.00 per month. ( Id. at ¶...

Excerpt: ...ion. It does not appear that Continental Paragon Corporation was ever served. Occidental Petroleum Corporation, Anadarko Petroleum Corporation, Chevron Corporation, and Unocal Corporation have been dismissed, leaving Union Oil Company of California, ConocoPhillips, and Kerr McGee Corporation (Kerr McGee) as defendants. Plaintiff alleges in the operative pleading that he lived at 2833 Starfire Street, Santa Maria, which was atop and “in close pr...

Excerpt: ...y's fees of $112,000, and costs of $3,372.50. Notice of entry of judgment was filed on August 18, 2022. Pacifica has filed a motion for a charging order against Mr. Steven Zaritsky, pursuant to Code of Civil Procedure section 708.310 and Corporation Code sections 17705.03, 15907, and/or 16504. Pacifica asks for a lien on Mr. Zaritsky's transferable membership interest in Foothill Farms of Cuyama, LLC (hereafter, Foothill). Pacifica contends that ...

Excerpt: ...Cousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross‐Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross‐ Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: The court requests that the parties submit supplemental briefs as set forth herein. The parties shall concurrently file supplemental briefs on or before November 7, 2022. The parties may file...

Excerpt: ...ast Village Homeowners Association: Courtney D. Flannery, Mark R. Weiner & Associates For Defendant and Cross‐Defendant City Of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: Defendant City of Carpinteria's motion is denied. Background: As alleged in plaintiff Kelly Perez's (Perez) complaint filed on November 23, 2020, Perez was walking on the sidewalk at Seacoast Way and Foothill Road on Feb...

Excerpt: ... by defendant James D. Langhorne. Alcaraz alleges that Langhorne was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, Alcaraz filed his complaint, alleging a single cause of action for motor vehicle liability. Alcaraz seeks general damages, special damages, and punitive damages. In support of his prayer for punitive damages, Alcaraz states that the acts of Langhorne “were malicious and oppr...

Excerpt: ...complaint was served on August 12, 2022. On September 15, 2022, plaintiff filed the present motion for trial setting preference on the grounds that plaintiff is 91 years old and suffers from age related “brain atrophy, which impacts his cognitive function, including problems with focusing, memory, and performing everyday tasks.” (Motion, p. 3, lines 15-16.) The motion was originally scheduled to be heard on December 16, 2022, but on September...

Excerpt: ...nt. (Note: Due to common surnames and to avoid confusion, the court refers to each judgment debtor by their first names. No disrespect is intended.) Steven L. Powell, who is the assignee of a judgment, filed a motion for an assignment order regarding David and Courtney's right to payment from a trustee of a bypass trust. As stated in the declaration of Steven Powell submitted in support of the motion, the court entered a judgment against David an...

Excerpt: ...aged to be married in 2020. (FAC, ¶ 6.) With the assistance of a wedding coordinator, plaintiffs chose the Four Seasons Biltmore resort (the resort), which is owned by defendant 1260 BB Property LLC dba Four Seasons Resort The Biltmore Santa Barbara, to host the wedding. (Id., ¶¶ 3, 6.) At the time, the resort was closed due to the Covid-19 pandemic. (Id., ¶ 7.) Plaintiffs were assured by employees of the resort that the closure would be temp...

Excerpt: ...da Bridge in Santa Barbara County, California. Plaintiffs Ronald and Sandy Wilmot (Wilmots) filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. The FAC contains causes of action for (1) negligence, (2) negligent entrustment, (3) danger...

Excerpt: ...s been renting the subject premises since May 25, 1985, on a month-to-month basis, and was served with a 60-day notice to quit on July 23, 2022. On September 2, 2022, defendant filed a general demurrer to the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 subd. (e). Defendant filed a supplement to the demurrer on September 6, 2022. The supple...

Excerpt: ...n, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their ...

Excerpt: ...endant City lf Santa Barbara for summary judgment and judgment on the pleadings ATTORNEYS: George Semaan of The May Firm, Inc. for plaintiff Roberta Ahrens Tom R. Shapiro / Michelle Sosa‐Acosta of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULINGS: Because the motion filed by defendant FM Properties was directed to plaintiff's complaint, and because plaintiff dismissed her action as to FM Properties, the Court deems th...

Excerpt: ... Kathleen Odell is overruled. Defendants shall file an answer to the complaint by October 24, 2022. Background: This action was commenced on August 5, 2022, by the filing of the complaint for unlawful detainer by plaintiff Summerland by the Sea (“Summerland”) against defendants Sjoerd Koppert, Kathleen Odell, and Sam McPherson. The complaint alleges non‐payment of rent. Plaintiff caused a three‐day notice to pay rent or quit to be served ...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...VE RULING: The motion of plaintiffs Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez to Enforce the Settlement Agreement is granted. Plaintiffs shall prepare and file a Proposed Judgment in conformity with the signed settlement agreement. Background: Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez (“plaintiffs”) filed their original complaint on August 23, 2018, against defendants, including Martin Jarchow (“Jar...