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...

Excerpt: ...ise to criminal proceedings. (1) Chronology of Events Defendant Coast Transport Insurance Service (CTIS) is a California corporation that operates an insurance agency. (Defendants' Response Separate Statement [DSS], undisputed fact 2.) Defendant Scott William Powers (Powers) is the CEO and President of CTIS. (DSS, fact 3 [undisputed on this point].) (Note: Plaintiff has numbered its separate statement facts consecutively in its separate statement...

Excerpt: ...rbara, California that grows and distributes various types of plants. Plaintiff worked for defendant for 22 years as a maintenance employee. Plaintiff alleges that defendant implemented various unlawful policies and practices that resulted in underpayment of wages and deprived employees of 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 w...

Excerpt: ...an Motorcars, Ltd. (DEM), believing that it was ne when it was not. As to demurring party AmTrust Financial Services, Inc. (AmTrust), plaintiff alleges that it is a Delaware corporation, and is the successor to CorePointe Insurances, LLC (CorePointe), who issued Dealer Surety Bond No. 60041 to Desert European Motorcars, Ltd (DEM) under the provisions of Vehicle Code section 17100, effective 2/5/2013, and is therefore liable for DEM's wrongful con...

Excerpt: ...y proceed. Background: Plaintiffs Joseph Mendoza and Femy Servellon are the parents of decedent Liliana Mendoza who died at defendants Bacon Family Childcare, Cathy's Daycare, and Cathleen Bacon's daycare facility. Plaintiffs' complaint is for general negligence. A CMC is scheduled for August 19, 2020. On January 30, 2020, the Santa Barbara District Attorney filed a criminal complaint against defendant Cathleen Bacon, charging her in connection w...

Excerpt: ... vehicle accident on December 25, 2018, apparently by defendant Wei Guan Hua. (Complaint, ¶ 1.) (Note: The qualification, “apparently” is because the only cause of action form attached to the Judicial Council Form Complaint does not name Wei Guan Hua as a defendant in any capacity of operation or ownership of the motor vehicle. (Complaint, ¶ MV-2.)) On October 29, 2019, plaintiff filed his original complaint in this action asserting one cau...

Excerpt: ...Lingham, and OCB Solvang, LLC Randall J. Dean for Defendant McGowan Guntermann, a California Corporation TENTATIVE RULING: Plaintiffs' motion for summary adjudication of the issue of duty is granted as set forth herein. Defendant's motion for summary judgment or adjudication is denied. BACKGROUND: This is an action for alleged accounting malpractice. Plaintiffs Frank Barranco (“Barranco”) and Thomas Lingham (“Lingham”) have been friends a...

Excerpt: ...he second amended cross-complaint on or before June 29, 2020. Background: (1) Procedural History On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (1240 EVR) filed its original complaint in this action against defendants Andy Goldman and Jan Goldman, Trustees of the Goldman Family Trust, Dated January 18, 2000 (collectively, the Goldmans) asserting causes of action for quiet title, continuing trespass, ejectment, and declaratory relief. On Aug...

Excerpt: ...tions & Financial Services, Inc., dba Baratto, Sullivan & Co., Insurance Agency is granted in part. To the extent required herein, on or before, June 29, 2020, defendant Baratto shall serve further responses to request for production Nos. 1, 2, 3, 4, 8, 9, 16 and 18, together with a privilege log identifying all responsive documents withheld from production and sufficient additional information for the court to be able to resolve the claim of pri...

Excerpt: ...ranting the remaining individual defendants' motion to quash and/or dismiss plaintiff Save the Valley, LLC's first amended complaint. The court ordered the first amended complaint dismissed. The dismissal was without prejudice pursuant to CCP § 389(b). The court noted, however, that it is clear that plaintiff cannot cure the defect because it cannot sue the United States in this court. (The remaining individual defendants were Kenny Kahn, Vincen...

Excerpt: ...ff SRCT Holdings, LLC (“SRCT”) is the owner of the Property. On December 4, 2019, defendant U.S. Real Estate Credit Holdings III-A, L.P. (“U.S. Real Estate”) recorded in the Official Records of the County of Santa Barbara a Notice of Pendency of Action against the Property, Instrument No. 2019-0055855, regarding Los Angeles County Superior Court, West District, Case No. 19SMCV02061, U.S. Real Estate Credit Holdings III-A, L.P. v. Scott Ei...