Excerpt: ...filed herein on August 8, 2019; in place of Exhibits 3 and 4 will be pages indicating the exhibits are “filed under seal”; Exhibits 3 and 4 will be filed under seal; Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed on August 8, 2019, shall be filed under seal; and a redacted version of Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings, with lines 17-22 on page 6 redacted, shall be place...

Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...

Excerpt: ...while representing defendant for a period of time in a family law proceeding. The complaint alleged causes of action for breach of written contract and common counts for account stated and for services rendered. After Suleimanagich's demurrer was ordered off calendar for failure to comply with Code of Civil Procedure section 430.41, he answered the complaint in pro per on August 29, 2018. In a July 1, 2019 minute order, the Court allowed plaintif...

Excerpt: ...s on or before October 1, 2019. Respondent Westmont College shall file and serve its response supplemental papers on or before October 8, 2019. Doe shall file and serve his reply supplemental papers on or before October 15, 2019. Hearing on this matter is continued to October 22, 2019, at 9:30 a.m. Background: Respondent Westmont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshma...

Excerpt: ...sts for Admissions ATTORNEYS: For Plaintiff Edmund Prehoden, Jr.: Derek J. Wilson For Defendants, Cross-Complainants, and Cross-Defendants Old Town Hospitality, Inc., dba Sand Bar and erroneously sued as Baja Sharkeez Restaurant Group, and Aron Ashland: Edmund G. Farrell III, Vanessa H. Hubert, Murchison & Cumming, LLP For Defendant Teak Warehouse, Inc.: Danielle Kuck, Wood, Smith, Henning & Berman, LLP RULING: (1) For the reasons set forth herei...

Excerpt: ...o amend, as to the uncertainty created by the failure to clearly articulate which capacities in which the causes of action for professional negligence, breach of fiduciary duty, conversion, and accounting are being prosecuted. In all other respects, the demurrer is overruled. The motion to strike is denied in its entirety. To the extent leave to amend has been granted, plaintiff shall file any further amended complaint on or before October 8, 201...

Excerpt: ...first amended complaint, without leave to amend. Background After the Court sustained the demurrer of defendants Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc. (“Jackson”), and Nancy Warner, NP (“Warner”), to plaintiff's complaint, plaintiff Laurie Ann Humberd filed her first amended complaint (“FAC”) for negligence, strict liability, and battery. Plaintiff asserts the negligence and strict liability causes o...

Excerpt: ...ernative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” This is plaintiff's third attempt to allege facts that are sufficient to support this cause of action. Defendant demurs. As is relevant to the demurrer, Plaintiff alleges: “Plaintiff also repeatedly demanded a "single-point of contact" be assigned by...

Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...

Excerpt: ...�� Los Angeles) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: The court grants, in part, plaintiffs Nicole Nagel and ESY Investments, LLC's motion to strike or tax costs in defendant Peter K. Westen's memorandum of costs. The court orders taxed a total of $10,351.79 in costs, leaving $45,642.95 in allowable costs. Background: After years of litigation, the court entered an order dismissing the entire acti...

Excerpt: ... and orders the general denial filed herein on August 6 is deemed filed as of this date. Background: On May 7, 2019, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson filed their complaint against defendant Jessica Berry for 1) libel, 2) defamation per se, 3) intrusion, 4) intentional infliction of emotional distress, 5) unfair business practices, 6) elder abuse, 7) quantum meruit, and 8) unjust enrichment/restitution. On May 29, the cou...

Excerpt: ...ant: Steve R. Belilove (Kaufman, Dolowich & Voluck – Los Angeles Tentative Ruling: The court denies plaintiff Filippini Wealth Management, Inc.'s motion to compel production of documents and request for a monetary sanction. Background: This action arises out of plaintiff Filippini Wealth Management, Inc.'s lease of commercial property from defendant and cross-complainant Max Baril. Defendant Meridian Group Real Estate Management, Inc., manages ...

Excerpt: ...it made to injured employee Travis Bean (Bean). After serving a notice upon Bean regarding the pendency of the action, Regents filed a notice that it would be dismissing its action against Harper and Tierra. Bean then sought and was permitted to intervene, ultimately filing his Complaint-in Intervention on October 20, 2017. Regents' complaint was then dismissed on December 5, 2017, and Bean has pursued the action seeking additional damages for th...

Excerpt: ...gory Lowry, Inc. (collectively “Lowry”), filed their complaint for 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) fraud, 4) negligent misrepresentation, and 5) conversion against defendants Thomas Kaljian and Kaljian Santa Barbara, LLC (collectively “Kaljian”). Lowry alleges: Lowry is a dentist and sole practitioner. [Complaint ¶15] Lowry entered into a lease with Kaljian's predecessor for premises at...

Excerpt: ...f the second amended complaint is granted to strike, without leave to amend, paragraph 3 of the prayer (“A Declaration of the respective rights and duties of the parties”), and is in all other respects denied. (3) Defendant Ronald L. Wolfe & Associates, Incorporated, shall file and serve its answer to the second amended complaint on or before October 7, 2019. Background: (1) Allegations of Second Amended Complaint Plaintiff Grant Beall (Beall...

Excerpt: ...nses to form interrogatories, special interrogatories, production demands, and requests for admissions. The Court notes that the demurrer and motion to strike provided adequate notice of hearing. The motions to compel did not. Given that plaintiff's attorney is located in Las Vegas, Nevada, service of any motion by or upon him is subject the provisions of Code of Civil Procedure section 1005(b), wherein the required 16 calendar day notice period ...

Excerpt: ...s had knowledge of the alleged joint venture agreement between plaintiff and the Moller defendants and whether they were legally justified in selling the Hotel to the Moller defendants are triable issues of fact. BACKGROUND: This action arises out of an alleged joint venture agreement to acquire, develop, and manage an 11-story, 210-room hotel. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company. Patrick Nesb...

Excerpt: ...n five days of the date of this order. BACKGROUND: For approximately 18 months, plaintiff and judgment creditor Butler America, LLC (“Butler”) provided staffing services to defendant and judgment debtor Aviation Finance Services, LLC (“AFS”). Butler supplied AFS with employment personnel and then invoiced AFS for the employees' salaries and related expenses. Almost immediately, however, the balances on Butler's invoices began to accumulat...

Excerpt: ... prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen ...

Excerpt: ...previously filed with the court with respect to this motion on defendant Surveillance Security, Inc., on or before September 25, 2019, and shall file proof of service of such documents on or before September 27, 2019. The hearing on the motion shall be ordered off calendar and no appearances are required if, on or before noon on October 21, 2019, Surveillance Security, Inc., files a substitution of attorney identifying an attorney appearing for S...

Excerpt: ... Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff's first...

Excerpt: ...d. Background: Plaintiff filed her original complaint on September 7, 2018, naming as defendants Coldwell Banker Residential Brokerage Company and its agents or employees, Susan Burns, Susan Conger, and Kathleen Marvin. In her operative First Amended Complaint she alleges causes of action for (1) violations of Civil Code sections 1102, (2) fraudulent concealment, (3) breach of fiduciary duty, and (4) financial elder abuse. She alleges that, with ...

Excerpt: ...ember 18, 2018, along with attorneys' fees pursuant to Civil Code section 1717.5 according to proof. Defendant Longaberger answered, in pro per, on February 21, 2019, denying that any funds were owed to plaintiff. Defendant substituted an attorney into the action on his behalf on June 11, 2019. Plaintiff filed a Request For Dismissal, without prejudice, on July 8, 2019. Defendant thereafter filed a Memorandum of Costs, seeking a total of $1,739.9...

Excerpt: ...ali, Santy Kazali, and Harry Kazali. The original complaint was filed on July 2, 2018. Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross- complaint against Wasito and Soenjoto. The original cross-complaint was filed on November 8, 2018. The litigation of this matter has been contentious. On October 31, 2018, the court set trial for June 5, 2019. On March 27, 2019, the court continued the trial date to its currently scheduled da...

Excerpt: ...rikes the entirety of the complaint of plaintiffs Jasper Allen and Debra Jackson. The Court finds that defendant Caston is the prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Marianne D'Emidio-Caston (Caston). ...