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...

Excerpt: ...ns, one in Portage County, Ohio, and one in Summit County, Ohio. (Ault decl., ¶ 4.) In the performance of its business, Ault LLC uses medical imaging machines such as the iDR Direct Radiography Devices (iDR) manufactured by defendant iCRco, Inc. (iCRco). (Ault decl., ¶ 5.) In 2013, iCRco was contacted by a company in Ohio called Lupica Medical Systems (Lupica). (Neushul decl., ¶ 5.) Lupica was in the business of selling x-ray machines and want...

Excerpt: ... when he entered the area. Plaintiff was hospitalized in an induced coma following his injuries, and was not discharged until August 3, 2017. Plaintiff's complaint was filed on July 12, 2017. On November 14, 2017, plaintiff added Beyond Heating and Air, Inc. (BHA) as a Doe defendant, under the apparent belief that BHA had access to the utility area at the time plaintiff was injured. On January 2, 2018, BHA answered the complaint and served initia...

Excerpt: ...22.04 in charges incurred by defendant on a credit account she had with plaintiff. The complaint was filed on June 26, 2019, alleging common counts causes of action. Defendant filed a General Denial on July 26, 2019. On July 30, 2019, plaintiff served Requests for Admissions on defendant, seeking to have her admit or deny all of the material elements of plaintiff's complaint. When defendant failed to timely respond to the request, plaintiff allow...

Excerpt: ...dd Belforte allege that their two minor children, John Doe and James Doe, were sexually harassed and subject to sexual assault and battery while attending Camp Kesem at the University of California, Santa Barbara (“UCSB”) in July 2018. The wrongful and inappropriate conduct was allegedly perpetrated by another camper, age 16. Kesem is a national organization that operates summer camps for children who have a parent with cancer and has chapter...

Excerpt: ...d settlement agreement is ordered vacated. The parties are ordered to appear for a Case Management Conference on February 4, 2020, at 8:30 a.m., in this department, at which time the Court will set a new settlement conference date and trial date. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) filed its original complaint against defendants D. Stephen Sorensen (“Sorensen”) and Pogo Services, Inc. (“Pogo”) on February 21, 2017,...

Excerpt: ...n near the accident, causing the collision. Plaintiff filed a complaint for negligence on May 23, 2019 against Nohemi Duran Vega, Jordana Marketing, and Maria Gonzalez. Defendants Jordana Marketing, Inc. and Maria Gonzales filed a cross-complaint on August 14, 2019, against Nohemi Duran Vega. On August 23, 2019, plaintiff dismissed Nohemi Duran Vega from her complaint. Nohemi Duran Vega subsequently filed an application for determination of good ...

Excerpt: .... Popovich, N. Asir Fiola, Celeena B. Pompeo, Selman Breitman LLP For Defendants The Towbes Group, Inc., Trader Joe's Company, Dr. Earl M. Hill Family Limited Partnership, Cal-Real Properties, L.P., and Michael Towbes Construction and Development, Inc.: Anthony J. Ellrod, Natalya Vasyuk, Mannin & Kass Ellrod, Ramirez, Trester LLP RULING: (1) For the reasons set forth herein, the motion of defendant General Paving Management for summary judgment i...

Excerpt: ...Vincent originally filed this action on July 19, 2016, in the San Francisco Superior Court. It was transferred to this Court in December 2016. In his first amended complaint, Vincent alleges that defendants The State of California, California Highway Patrol (“CHP”), and CHP Captain Mark D'Arelli terminated his 8-year employment in November, 2014, after he took an emergency medical leave of absence to locate and care for his disabled sister in...

Excerpt: ...pril 29, 2016, pursuant to a written lease agreement, plaintiff leased premises to defendant located at 4436 La Tierra Lane, Carpinteria, California 93013. The lease payment was $3,600.00 per month, due on the first of the month. The initial lease term was twelve months, but the tenancy was later converted to month-to-month. In April 2018, defendant allegedly breached the rental agreement by failing to pay the required rent. On September 20, 2019...

Excerpt: ...n August 2018, through execution of a Stipulation for Conditional Entry of Judgment. Under the stipulation, defendant agreed to make monthly payments (beginning at $200/month, and increasing over time to $500/month) toward the principal amount due of $19,750, plus the $468.95 in court costs incurred by plaintiff in bringing the action, for a total of $20,218.95. Payments were to begin in August, 2018, and the total amount would be paid off by Aug...

Excerpt: ...motion, or at such other time as the Court may specify at the hearing on this motion. Background: On October 18, 2018, plaintiff Cortland T. Day, individually and as personal representative of the estate of Jana Whelan, his spouse, filed a complaint for dangerous condition of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Con...

Excerpt: ...o supply mobile application platform owners as potential sources for defendant VERVE's internet advertising clients. The agreement was formed when plaintiff accepted and signed VERVE's open insertion order in Santa Barbara, California on December 4, 2018. A copy of the written agreement was attached to the complaint as Exhibit A. The agreement provides that it is governed by the AAA/IAB Standard Terms and Conditions for Internet Advertising for M...

Excerpt: ...”) entered into a contract with defendants on February 21, 2015, for legal services related to this real estate matter. On June 9, 2015, Association filed a complaint, which was assigned to Department 1, Judge Staffel (15CV02091). On September 5, 2015, Law Firm and defendants entered into another agreement to include litigation services. On August 17, 2017, Law Firm substituted out as counsel in Case No. 15CV02091. On August 22, 2019, Law Firm ...

Excerpt: ...ogether with costs. BACKGROUND This is a medical malpractice action. On September 21, 2016, plaintiff Daniel Lipsius-Davis underwent total right knee replacement surgery at defendant Goleta Valley Cottage Hospital. The surgery was performed by defendant Graham Hurvitz, M.D. Defendant Emanuel Zusmer, M.D., provided anesthesia care to plaintiff during and after the surgery. Within 24 hours of the procedure, plaintiff began experiencing severe abdom...

Excerpt: ... the pleadings on plaintiff's second cause of action for violation of Government Code Section 11135 is granted without leave to amend. Defendants' motion for judgment on the pleadings on plaintiff's third cause of action for violation of Education Code Sections 201 and 220 is granted with leave to amend. Any amended pleading shall be filed on or before January 24, 2020. Defendants' motion for judgment on the pleadings on plaintiff's fifth cause o...

Excerpt: ...er, and Olivia Schoer Family Trust: Rafael Gonzalez, Nathan E. Klouda, Mullen & Henzell L.L.P. For Defendant and Cross-Complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust: Robert B. Locke TENTATIVE RULING: The motion of defendant and cross-complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust, to strike or to tax costs is denied. The court affirm...

Excerpt: ...t Forum (2) Application of Plaintiffs for Preliminary Injunction ATTORNEYS: For Plaintiffs Alan Parsons and Appertaining LLC: Jeffrey D. Goldman, Rod S. Berman, Remi T. Salter, Jeffer Mangels Butler & Mitchell For Defendants John Regna and World Entertainment Associates of America, Inc.: Sean E. Macias, Macias Counsel, Inc. TENTATIVE RULING: (1) The motion of defendants John Regna and World Entertainment Associates of America, Inc., to quash serv...

Excerpt: ...ndants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: The motion of cross-defendant The Las Canoas Co. dba Construction Plumbing for an order establishing the sequence of discovery is denied. Background: This action arises from construction work performed by plaintiff McCoy Electric Corpo...

Excerpt: ...efendant Stalwart Clean and Sober, Inc. TENTATIVE RULING: The motion is granted in part and denied in part, as articulated below. No sanctions are awarded. Background: This is an action for the wrongful death of John Charles Strumpfler (decedent), brought by his parents, John Strumpfler and Tracy Morris (plaintiffs). Decedent was a parolee with a severe heroin addiction, who died from a heroin overdose on March 24, 2017, while residing at a sober...

Excerpt: ...t page 11, line 3, without leave to amend. The court orders stricken from the first amended cross-complaint ¶36; ¶46; prayer #5 at page 10, line 28; and prayer number 9 at page 11, line 6, with leave to amend. Background: On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (“1240”), commenced this action against defendants Andy Goldman and Jan Goldman, trustees of the Goldman Family Trust (“Goldman”). The parties own adjacent propertie...

Excerpt: ...se of residential property located at 780 Ladera Lane, Santa Barbara, California 93108 (the “Property”). The loan was acknowledged by a promissory note, dated January 5, 2008, which provides that the $500,000.00 amount shall be paid back with interest at the rate of 6% annually, but if Michel cannot afford to make payments on the note, then the money shall be paid back, with interest, when the Property is sold. The note further provides that ...

Excerpt: ...ance Company's 24th Affirmative Defense. The court orders Twin City Fire Insurance Company's 32nd Affirmative Defense stricken from the answer. Background: This is an insurance coverage action that plaintiff Somera Capital Management, LLC, commenced against defendants Twin City Fire Insurance Company and The Swett & Crawford Group, Inc. (There is no proof of service indicating service on defendant Swett & Crawford, which apparently merged into CR...