Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ... of designing, developing, sourcing, marketing and selling women's, men's and children's footwear under their owned or licensed brand names. [Complaint ¶2] In their complaint filed on April 13, 2020, plaintiffs allege: Plaintiffs obtained from defendant Hartford Fire Insurance Company Special Multi-Flex Business Insurance Policy No. UUN AB7878, effective from October 15, 2019 to October 15, 2020. [Complaint ¶14] The policy is an “all risks”...

Excerpt: ...sociates. Plaintiff alleges that when he vacated the premises, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. Plaintiff filed his complaint on March 20, 2015, and his first amended complaint on July 8, 2015. The complaint was brought as a class action and alleges causes of action for (1) declaratory and injunctive relief, (...

Excerpt: ... asserts five causes of action against defendant St. George & Associates (St. George): (1) declaratory and injunctive relief; (2) violation of Civil Code section 1950.5; (3) violation of Business and Professions Code section 17200 et seq. (UCL); (4) accounting; and (5) conversion. On August 7, 2017, the court granted class certification for the class of all residential rental tenants at St. George properties from March 25, 2011, to the date of th...

Excerpt: ...vies. Judgment creditor now seeks an order of assignment to satisfy the judgment, specifically of payments from third party merchant service providers or payment settlement entities such as Intuit Payment Solutions, Elavon, Inc. and American Express Travel Related Services. 1 1 Judgment creditor represents that in 2018, Arcadian Winery received payments from these entities totaling $136,756.92. Code of Civil Procedure section 708.510 provides, up...

Excerpt: ... double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. On Calendar Defendant Investment Concepts, Inc. moves for an order compelling arbitration. The hearing was set for January 28, 2020. Opposition was filed on January 14, 2020. Rep...

Excerpt: ...ealing certain documents filed in opposition to defendant's motion to compel is granted. BACKGROUND: In this matter, plaintiff Destiny Hitchcock alleges that she suffered carbon monoxide poisoning from a defective heater while renting a room at 1105 North Ontare Road, Santa Barbara, California 93105. The property is owned by defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15. Plaintiff resided a...

Excerpt: ...��) is a Texas limited liability company and the owner of the Property. SB Riviera's principals are Mark Brinkman and Leigh Brinkman (“Brinkmans”). In 2014, the Brinkmans engaged the services of defendant Philippa Davis (“Davis”) to locate a residential property in Santa Barbara. Davis is a residential salesperson with defendant Village Properties, Inc. (“Village Properties”). Defendant Edward Alan Edick (“Edick”) is a licensed Ca...

Excerpt: ...Beach, Shawn Hagerty, Best Best & Krieger LLP RULING: For the reasons set forth herein, the motion of plaintiff for an award of attorney and expert fees pursuant to Code of Civil Procedure section 1036 is granted in part. The Court awards to plaintiff reasonable attorney fees and costs actually incurred because of this inverse condemnation proceeding in the amount of $1,007,397.00. Background On July 31, 2017, plaintiff Thomas Felkay, as trustee ...

Excerpt: ...R. Cagle, III (Hirschler Fleischer, PC – Richmond, Virginia) For Defendant Westerlay Orchids: Mark T. Coffin For Defendants Persoon: Nathan C. Rogers (Rogers, Sheffield & Campbell) Rulings: 1. The Court sustains the demurrer of defendants Westerlay Orchids LP; Antoine Overgaag, aka Toine Overgaag; RJW Equity Partners, LLC; TKO Properties, LLC; and Natural Fragrance Rose, LLC, to the second and fifth causes of action in plaintiff Perfected Rose,...

Excerpt: ...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 RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...

Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...

Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...

Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...

Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...

Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...

Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...

Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...

Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...

Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...

Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...

Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...

Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...

Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...

Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...