Excerpt: ... to assess whether the settlement is “in the ballpark.” (City of Grand Terrace v. Sup.Ct. (Boyter) (1987) 192 Cal.App.3d 1251, 1262—where nonsettling defendants contest “good faith,” the settlement proponent must make a sufficient showing of all the Tech- Bilt factors. Such showing may be made either in the original moving papers or in counterdeclarations filed after the nonsettling defendants have filed an opposition challenging good f...

Excerpt: ...e that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) The inclusion of “immaterial” facts leads to a bloated record, and is disapproved of by Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243. The court deems objected-to facts on which it does not specifically rule (see discussion below) to be immaterial to its ruling. Motion for Summary Adjudication of Plaintiff's First Cause of Action for ...

Excerpt: ...n front of the entrance to defendant Trader Joe's Company, Inc.'s store located in the Calle Real Shopping Center in Goleta, when defendant Berl Golomb pulled his Toyota Prius into a parking space directly in front of the store at an excessive rate of speed, jumped the concrete tire stop, and struck Matthew Quirk, who was standing on the sidewalk. The Prius continued forward, taking Matthew Quirk with the vehicle as it crashed through the front d...

Excerpt: ...s action arose out of plaintiff Kim Levine's tenancy of residential property pursuant to a written lease with defendant Janet Bergschneider, aka Jenna Berg. Defendant Bungalow, LLC, managed the property. Levine, on behalf of herself and her son Santo Massine, filed an action for breach of contract, breach of warranties, negligence, and private nuisance. Levine alleged mold contamination of the property. Defendants/cross-complainants Janet Bergsch...

Excerpt: ... are what appear to be two written agreements, consummated between June 20, 2010, and July 1, 2019, titled “Farm Labor Contractor H-2A Services Agreement[.]” In the first agreement, plaintiff agreed to provide defendant 50 farm workers through its “2019 H-2A” program. In the second agreement, plaintiff agreed to provide defendant an additional 70 H-2A workers. Plaintiff alleges that defendant “failed to pay . . . for services under the ...

Excerpt: ...ned community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. [Citations.] In turn, the ‘community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the...

Excerpt: ...otion to compel defendant Steven J. Sherwin's attendance at a remotely- conducted deposition. The Court denies the requests for monetary sanctions. Emailed 7/10 Background Plaintiffs' complaint, filed June 12, 2018, alleges causes of action for negligence, negligent infliction of emotional distress, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It aris...

Excerpt: ...st, second, and fifth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta with leave to amend. The Court overrules the demurrer of defendants William J. Gunson and Lori Heinze to the third and fourth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta. If plaintiffs choose to amend their operative complaint as to the first and second ca...

Excerpt: ...rphy For Defendants Lawrence P. Grassini, Trustee or any Successor Trustee of the Lawrence P. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP TENTATIVE RULING: Th...

Excerpt: ...n for Writ of Mandate and Cross-Complaint for Injunctive Relief, Declaratory Relief, and Civil Penalties Attorneys: For Plaintiff: Duff Murphy (Oliver, Sandifer & Murphy – Manhattan Beach); Scott Greenwood (Deputy County Counsel) For Defendant: Todd A. Amspoker (Price, Postel & Parma) Tentative Ruling: 1. The court denies plaintiff County of Santa Barbara's motion for order for prejudgment possession under CCP § 1255.410. 2. The court overrule...

Excerpt: ...l motion to strike the complaint under Code of Civil Procedure Section 425.16 is denied. BACKGROUND: Plaintiff Alexandro Filippini is an investment advisor and the owner of Filippini Wealth Management, Inc. (“FWM”). FWM has a Facebook homepage that invites comments and reviews from current and former clients. Sometime between December 16 and December 18, 2018, defendant Jean Avrick, a former client, posted a review on FWM's Facebook page, acc...

Excerpt: ... Trust u/d/t Dated November 13, 1987 Email [email protected]; [email protected]; [email protected]; RULING: 1. The motion of defendant Joi K. Stephens, trustee, to disqualify attorneys Mullen & Henzell, LLP from representing plaintiffs in this action is granted. Defendant's motion to strike all pleadings filed by Mullen & Henzell, LLP in this case and the related creditor claim proceedings is denied. 2. Another CMC is set, sua ...

Excerpt: ...laintiff: Scott A. Ritsema (Bisnar Chase – Newport Beach); Renee J. Nordstrand (NordstrandBlack PC) For Defendant/Cross-Complaint/Cross-Defendant SCE: Jason M. Booth, et al. (Booth LLP – Los Angeles); Laura A. Meyerson (Rosemead) For Defendant/Cross-Complaint/Cross-Defendant Utility Tree Service: Jeffrey N. Leader, et al. (Maranga Morgenstern – Woodland Hills) For Defendant/Cross-Complaint/Cross-Defendant CN Utility Consulting: Domineh Faze...

Excerpt: ... RULING: As explained below, the demurrer to the first cause of action for malicious prosecution and the second causes of action for intentional infliction of emotional distress are sustained on immunity grounds, with leave to amend. To the extent that the third cause of action for negligence is based upon the individual defendants' general negligence, it is also sustained on immunity grounds, with leave to amend. To the extent the third cause of...

Excerpt: ...ndant shall file and serve her responsive pleading to the cross-complaint (as stricken) on or before July 16, 2020. The court will determine all issues with respect to an award of attorney fees upon appropriate application by cross-defendant. Plaintiff shall file and serve a completed civil case cover sheet addendum pursuant to Santa Barbara County Superior Court Local Rules, rule 1310, on or before July 16, 2020. Background: (1) Plaintiff's Comp...

Excerpt: ...chmidvoiles.com; Defendant Dr. Reddy's – [email protected]; RULING: Defendants' motion for summary judgment 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. Tentative and CMCO emailed BACKGROUND Plaintiff Laurie Ann Humberd's first amended complaint alleges a single cause of act...

Excerpt: ...tabarbaraca.gov) Tentative emailed Rulings: 1. The Court denies defendant City of Santa Barbara's motion for judgment on the pleadings or, in the alternative, to strike certain allegations. 2. The CMC and the Motion will both be heard on the 10am calendar. Background Plaintiff Santa Barbara Inland & Coastal Property Rights Association challenges the approach of defendant City of Santa Barbara to regulation of short term rental properties (“STRs...

Excerpt: ...rogatories, Set One, From Defendant Union Pacific Railroad Company and Request for Sanctions 2. Motion to Compel Further Responses to Special Interrogatories, Set One, From Defendant National Railroad Passenger Corporation dba Amtrak and Request for Sanctions Attorneys: For Plaintiff: Anthony E. Vieira (Berglund & Johnson – Woodland Hills) For Defendants Amtrak and Union Pacific: Brock Christensen (Sims Law Firm – Irvine) Tentative Ruling: 1....

Excerpt: ...fense, and to stay discovery on all other issues Defendant Starr Indemnity & Liability Co.'s motion to bifurcate and stay bad faith claim, and for protective order precluding discovery on bad faith ssues until the issue of coverage has been determined. ATTORNEYS: Linda Kornfeld / Anna K. Milunas of Blank Rome LLP and A. BarryCappello / Lawrence J. Conlan of Cappello & Noël LLP for plaintiffs Passport 420, LLC, Spring Creek Research, LLC, and Wil...

Excerpt: ...a. Defendants John Moller, Dansk Investment Group, Inc., Moller Investment Group, Inc., Palisades Gas and Wash, Inc., and Citrus North Venture, LLC (Moller defendants) appeared in the action on January 6, 2017, through current counsel, including lead attorney Ryan T. Waggoner, when they filed a demurrer to and motion to strike portions of Windsor's complaint. On July 24, 2017, Windsor served verified responses to the Moller defendants' Form Inter...

Excerpt: ...arvested “clones” to sell to cannabis farmers throughout California. 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. On January 9, 2018, heavy rain and high winds damaged the retractable shade-cloth and the greenhouse ridge vents, resulting in dramatically increased heat and humidity inside the greenhouse, which caused the loss of an ad...

Excerpt: ...ugh this settlement) Linda Claxton of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. for defendant Curbstand, Inc. Email addresses:[email protected]; [email protected]; [email protected]; Tentative Emailed RULINGS: The motions are both granted. There is a Proposed Final Judgment submitted that the Court intends to sign. Background Defendant Curbstand, Inc. is an investor-backed startup based in Los Angeles, whic...

Excerpt: ... & Stark and Alex Hartounian for defendant Peter Levy, D.C. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; Tentative emailed RULING: (1) Because there is no indication in the court file that Dr. Frawley has ever been provided with notice of the June 23, 2020, hearing date on the motion to compel his compliance with the subpoena duces tecum served upon him by defendant Levy, the Court will c...

Excerpt: ...ling: 1. The Court denies in part and grants in part defendants Moki Doorstep, Inc., a Delaware corporation; Zachary Brown, and Alyssa Brown's motion to dismiss or stay proceeding pursuant to CCP §§ 418.20 and 410.30. The Court orders that this proceeding is stayed as to the tenth cause of action in plaintiff Rodney Lewis's complaint. The Court denies the motion to dismiss or stay the proceeding in all other respects. 2. The Court grants defend...

Excerpt: ...anctions of $2,500 to plaintiffs. (2) The motion compel defendant Baratto to provide further answers to interrogatories is granted, and Baratto is ordered to serve further verified responses to the interrogatories no later than June 29, 2020. No sanctions are awarded on this motion. Background: On March 8, 2019, plaintiffs Astrid G. Nelson Megel, individually and as trustee for The Westside Irrevocable Trust, and Clifford Nelson filed their origi...