Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...

Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...

Excerpt: ...Dismissal with Prejudice and Motion for Sanctions against Defendant's Attorney for Purposely Violating California Rules of Court, Rule 3.1308, subdivision (a)(1). ATTORNEYS: Angelina R. Lane for Plaintiff Jane Doe Daniella T. Felix for Defendant Peter Searle Clark TENTATIVE RULING: Plaintiff's motion for reconsideration of the court's order dismissing her second and fifth causes of action with prejudice is denied. Plaintiff's motion for sanctions...

Excerpt: ...-Defendants Mortgage Co. of Santa Barbara and Carl Lindros: Eric A. Woosley For Defendant and Cross-Complainant Henry Aguila: Self-represented For Cross-Defendant Forward Beverly Hills, Inc., dba Keller Williams Realty and dba Keller Williams Commercial: Andrew L. Leff, Spile, Leff & Goor, LLP For Specially-Appearing Cross-Defendants Wolf Baschung, Guru Thapar, and Forward Beverly Hills, Inc.: Rinat Klier-Erlich, Michael Zaiderman, Manning & Kass...

Excerpt: ...Cross-Complainant Tami Kerrigan: Jana S. Johnston, Daniella R. Scioscia-Regencia, Mullen & Henzell LLP TENTATIVE RULING: The demurrer of cross-defendant Allen Cohen to the cross-complaint of Tami Kerrigan is overruled in its entirety. Cohen shall file and serve his answer to the cross-complaint on or before February 25, 2020. Background: As alleged in the cross-complaint: Cross-complainant Tami Kerrigan and cross-defendant Allen Cohen's late wife...

Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...

Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...

Excerpt: ...26, 2019 Third Set of Requests for Admission; and Form Interrogatory #17.1 from its June 26, 2019 Second Set of Form Interrogatories. The court will discuss the trial date with the parties at the hearing on this motion. Background: In these consolidated cases, plaintiff 1998 Ampersand Aviation, LLC, formerly known as Ampersand Aviation, LLC, sues defendants Esperer Holdings, Inc. (“Esperer”), and Federal Express Corporation (“FedEx”) for ...

Excerpt: .... 18CR10610 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa...

Excerpt: ...g the outcome of the arbitration. The court denies defendants' request for attorney fees. Background: On September 9, 2019, plaintiff Woody Boyce Builders filed its complaint for damages against defendants Mark Kidon and Darlene Kidon. Pursuant to a written contract dated January 28, 2018, plaintiff provided materials, equipment, and services for work on defendants' property at 113 San Clemente in Santa Barbara. Plaintiff alleges it is owed $49,6...

Excerpt: ...ncierge-style valet service for customers to find, pay, and tip for parking and for businesses and their valet companies to better manage parking. This putative class action is a wage and hour case which was filed by plaintiffs Trevor Kennedy and Karim Ebeid in Santa Barbara Superior Court on June 22, 2017. Its operative complaint alleges causes of action for (1) willful misclassification of employees as independent contractors, (2) unpaid overti...

Excerpt: ...erwise denied. The court confirms an award of ordinary costs pursuant to Doe's memorandum of costs in the amount of $693.41. Background: On July 14, 2017, petitioner John Doe filed his petition for writ of administrative mandate in this action to require respondent Regents of the University of California (Regents) to set aside findings and sanctions issued against Doe. On July 3, 2019, the court held a hearing on the petition. On July 8, 2019, th...

Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...

Excerpt: ... al. – Los Angeles) Tentative Ruling: The court denies defendant Santa Barbara Cottage Hospital's petition to compel arbitration and stay all civil court proceedings. Background: On December 4, 2018, plaintiff Onkar Singh filed his complaint against defendants Allied Health Resources, Inc., Santa Barbara Cottage Hospital, and Kevin Saiki. On November 13, 2019, Singh filed his first amended complaint (FAC) against Cottage and Doe defendants (the...

Excerpt: ...itzki TENTATIVE RULING: The motion of defendant Dorota Lositzki to compel arbitration of the claims alleged in plaintiffs' second amended complaint is granted. All proceedings in this court are ordered stayed pending completion of the arbitration. Defendant's request for attorney's fees is denied. BACKGROUND: Plaintiff Montecito Care & More, Inc. (“MCM”) is a California corporation that provides assisted living facilities and personal care fo...

Excerpt: ...efendant City of Lompoc: Matthew K. Tom (Aleshire & Wynder – El Segundo) For State of Cal. Defendants: Gary Ostrick, Deputy Attorney General Tentative Ruling: 1. The court Sustains defendant City of Lompoc's demurrer to the first amended complaint of plaintiffs Brett Jerome Bronstad; Sarah Bronstad; Jessica G. Garcia, an individual and successor in interest to decedent Michael Garcia; and Michael H. Garcia, an individual and successor in intere...

Excerpt: ...es, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant Mark T. Coffin to the first amended complaint, and to all causes of action therein, is sustained with leave to amend. Plaintiff Grace Design Associates, Inc., shall file and serve its second amended complaint, if it elects to do so, on or before February 19, 2020. Background: Defendant Mark T. Coffin (Coffin) is ...

Excerpt: ...t for attorney fees and costs. Background: This is a neighborhood dispute arising out of applications for construction of an accessory dwelling unit (ADU) on each of two properties owned by defendants. Plaintiff Arriba Way Citizens United (AWCU) seeks a preliminary injunction to prevent construction of the ADUs pending disposition of the merits of this action. Defendant Gregory M. Patronyk is the trustee of the Gregg Patronyk Revocable Trust date...

Excerpt: ...826.13, its costs for lodging and meals (unrelated to depositions) in the amount of $4,307.70, and its vehicle rental costs in the amount of $1,837.27. In all other respects, Armstrong's motion to strike or, in the alternative, to tax Harrison's revised cost memorandum is denied. BACKGROUND: This action arises out of a residential construction project that included a large wooden deck on property located at 1196 E. Mountain Drive, Santa Barbara, ...

Excerpt: ... $99,000.00 to plaintiff and the following: “Ford will additionally pay Plaintiff's attorneys' fees, expenses and costs in the amount of $5,000.00 or, should the $5,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorneys' fees, expenses and costs reasonably incurred by Plaintiff s counsel in the commencement and prosecution of this action...

Excerpt: ...istant City Attorney, for Respondents City of Santa Barbara and Brian D'Amour Janet K. McGinnis for Real Parties in Interest Herbert Barthels and Herbert E. Barthels Trust TENTATIVE RULING: The motion of petitioners to tax real party in interest's costs in the amount of $48.00 and $15.00 (items 15 and 16 on the memorandum of costs) is granted. In all other respects, petitioners' motion to strike or tax costs is denied. BACKGROUND: On March 28, 20...

Excerpt: ... C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendants County of Santa Barbara, Patricia Dark, and Joseph J. Lockhart to sever trial is denied. Background: On September 4, 2015, plaintiff Stacy McCrory filed her original complaint in this action against defendants County of Santa Barbara (County) and Patricia Dark asserting causes of action for: (1) defamation; (2) neglig...

Excerpt: ...ette Rubin to Cross-Complaint of Construction Plumbing (2) Motion of Cross-Defendant Construction Plumbing ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TEN...

Excerpt: ..., and Malgorzata Laszuk: Matthew M. Clarke, Jason P. Koch, Kelley Clarke, PC For Defendant Dorota Lositzki: Beatriz Pimentel Flores TENTATIVE RULING: The application of plaintiffs Montecito Care & More, Inc., Radoslaw Laszuk, and Malgorzata Laszuk for issuance of a temporary restraining order and for issuance of an order to show cause re issuance of a preliminary injunction is denied without prejudice to the filing of a noticed motion for prelimi...

Excerpt: ... and all responsive documents, shall be provided on or before February 14, 2020. The requests for monetary sanctions by both sides are denied. Plaintiffs' motion to compel attendance, testimony, and production at depositions is denied. The parties shall meet and confer and proceed with the depositions of the custodian of records, the PMK witnesses, and Eric Shuman as proposed by defense counsel on December 16, 2019. The depositions shall be compl...