Excerpt: ... to compel further responses to special interrogatories and form interrogatories, sets one, and motion to compel further responses to request for production of documents. The Court orders plaintiff Hee S. Yun to provide further responses to form interrogatories ##9.1, 9.2, and 14.1 and special interrogatories ##18, 19, 20, 21, 22, 26, 27, 30, 31, 39, 41, 42, 43, and 44. The Court orders plaintiff Steve Yun to provide further responses to form int...

Excerpt: ...h herein, the motion of defendant Armstrong Associates, Inc., joined by defendant Arlington Theatre Property, LLC, to compel arbitration is granted and plaintiff Alderman & Sons is ordered to arbitrate its claims. This action is ordered stayed pending completion of the arbitration or further order of the court. Background On April 15, 2019, plaintiff Alderman & Sons, Inc., (Alderman) filed its complaint in this action for breach of contract and f...

Excerpt: ...e area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy the property and develop to grow cannabis. In July 2017, plaintiffs entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so the parties entered into a lease agreement from July 15, 2017 through January 15, 2...

Excerpt: ... William Kinsella and Snejana Kinsella filed their complaint against defendants Joel Bautista Garcia and Great Oaks Operations, LLC. Garcia was driving a vehicle owned by his employer, Great Oaks. Motion: Hallesche Krankenversicherung, A.G. (“HKV”), a travel insurance carrier headquartered in Stuttgart Germany, moves for leave to file a complaint in intervention. Plaintiffs oppose the motion. Plaintiffs are residents of Germany who were vacat...

Excerpt: ...uments for deposition as set forth herein. Unless the parties agree (on the record or in writing) or the court orders otherwise, the deposition shall take place on September 4, 2019, at the time and location set forth in the deposition notice. To the extent that declarations are provided as permitted herein in lieu of testimony or production of documents, such declarations shall be served on counsel for plaintiff at or prior to the commencement o...

Excerpt: ...otice to perform a covenant of her written lease; to wit: compliance with Santa Barbara Municipal Code § 22.04.010, subdivision (K), and incorporated International Property Maintenance Code § 404.5, by exceeding the maximum allowed occupancy of the rental unit. The bedroom of the rental unit is 109 square feet, limiting the occupancy of the rental unit to two persons. The rental unit is now occupied by six persons. Defendant answered the compla...

Excerpt: ...ankle. Examination and MRI studies showed end-stage degeneration of the ankle. On October 11, 2016, defendant replaced plaintiff's right ankle with an artificial ankle through a procedure known as STAR (“Scandinavian Total Ankle Replacement”) arthroplasty. The procedure initially appeared to be successful, but within a few months plaintiff began to experience pain, swelling, and decreased range of motion in her ankle. After approximately eigh...

Excerpt: ...ctions of up to $1,500 shall not be imposed for violation of California Rules of Court, rules 3.1350(f)(2), (f)(3) and 3.1113(k) by counsel's failure to file an opposition separate statement with required contents in the proper format and filing papers with the required citations. Plaintiff's counsel shall file his response to this order to show cause on or before September 11, 2019. Background: Plaintiff Charles Franzen, a minor, filed his compl...

Excerpt: ...d this action on February 13, 2019, alleging (1) violation of Civil Code section 1749.5, (2) violation of Consumer Legal Remedies Act, (3) violation of Business & Professions Code sections 17200, et seq. [Unfair Competition Law]; (4) violation of Business & Professions Code sections 17500, et seq. [False Advertising Law], (5) Money had and received, and (6) declaratory relief. All of the causes of action arise from plaintiff's visit to a Californ...

Excerpt: ...lack of ADA-compliant parking. The complaint was served on Western & Main Street Drive In Liquor on October 5, 2018 by substituted service and on Taian Muneef on October 12, 2018 by substituted service. (See Proofs of Service filed on November 5, 2018 [Western & Main Street Drive In Liquor] and November 28, 2018 [Taian Muneef].) Neither defendant filed an answer or other responsive pleading. On January 21, 2019, default was entered as requested a...

Excerpt: ...ette C. Brouses, Shannon Popovich, Michael A. Eger, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP For Defendants Amy Boyle and Century 21 Butler Realty: Daniel S. Cho, Joshua W. Miller, Nicolson Law Group, PC RULING: Subject to confirmation at the hearing on this matter of the petitioner's intent as to payment of settlement proceeds as discussed herein, the petition to approve the compromise of minor plaintiff Chloe Doherty is granted. Backgro...

Excerpt: ...ymour For Respondent/Defendant: Timothy E. Metzinger, et al. (Price, Postel & Parma) Ruling: The Court grants petitioner/plaintiff Painted Cave Ad Hoc Committee's motion for a preliminary injunction to enforce the Brown Act and motion for peremptory writ of mandate to enforce the California Public Records Act. Counsel for petitioner/plaintiff shall prepare orders consistent with the ruling below. Petition and Complaint On March 22, 2019, petition...

Excerpt: ... date of the incident or, if that employee is not available, the deposition of any other Univar employee who would have knowledge about the nature of the couplings with respect to the acid and chlorine tanks on the premises, and who could testify as to the possibility that the wrong distribution hoses could have been connected to the wrong tanks on the date in question. Harper and Tierra may file any supplemental opposition on this issue on or be...

Excerpt: ... property located at 1471 Las Positas Place, Santa Barbara (the Property). (Complaint, ¶ 10.) In 2007, plaintiffs entered into a loan secured by a deed of trust (DOT) on the Property. (Complaint, ¶ 15; Defendants' Request for Judicial Notice [DRJN], exhibit 1.) As set forth in the DOT, recorded October 11, 2007, the lender is Countrywide Bank, FSB. (DRJN, exhibit 1.) On July 14, 2011, there was an Assignment of Deed of Trust recorded, assigning...

Excerpt: ...pany, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after the mediation between the remaining defendants, which caused new attorneys to substitute in for Trader Joe's, and for the Limited Partne...

Excerpt: ...st plaintiff and her attorney, jointly and severally, in the amount of $3,500.00. Plaintiff's motion to vacate the court's May 7, 2019 order is denied. Defendants' motion for sanctions pursuant to Code of Civil Procedure Section 128.5 is denied. BACKGROUND: This is an action for alleged mold contamination. In 2017 plaintiff Taryn Intravartolo leased an apartment unit located at 175 San Angelo Avenue, Unit A, Santa Barbara, California 93111. Defen...

Excerpt: ...lon & Style Bar, LLC, filed an answer on June 17. There is no scheduled CMC, MSC, or trial. On May 24, 2019, Carlyle served deposition subpoenas for production of business records on Law Offices of John J. Thyne, III (“Thyne Law”); Goodwin & Thyne Properties (“G&T”); and Marcus Boyle. G&T is the real estate brokerage that has listed the subject property and Boyle is the real estate agent representing the property. Thyne Law purports to re...

Excerpt: ...n attorney fees. Complaint: On December 10, 2018, plaintiff TruConnect Communications, Inc., filed its complaint for breach of contract against defendant Blue Casa Telephone, LLC. On February 15, 2019, TruConnect filed a first amended complaint. On March 22, 2019, Blue Casa filed an answer and cross-complaint (CC), in which it alleges: On April 20, 2015, TruConnect, formerly known as Telscape Communications, Inc., entered an agreement to sell cer...

Excerpt: ...l file and serve their first amended cross-complaints on or before August 22, 2019. Background: On June 8, 1994, Betty Goldberg and Al Goldberg filed their complaint in Goldberg v. Arns, United States District Court for the Central District of California case number 94-CV-3834 (the 1994 Federal Action). (Request for Judicial Notice [RJN], exhibit A.) On September 8, 2014, the Estates of Betty Goldberg and Al Goldberg, by and through their success...

Excerpt: ...C has sued for breach of contract in connection with two separate sublease agreements for airport hangars at the Santa Barbara Municipal Airport. As alleged in the lead case (Case No. 17CV04837), plaintiff is the master lessee under an existing master lease of certain airport property owned by the City of Santa Barbara. On December 20, 2005, plaintiff and non-party Select Personnel Services, Inc. entered into a written sublease agreement by which...

Excerpt: ...t owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Defendants Harry and Santy Kazali d.b.a. Days Inn of Santa Barbara filed a first amended cross- complaint against plaintiffs. After a demurrer was sustained to the FACC's second through fourth causes of action, no SACC was filed, leaving only a FACC alleging a single breach of contract claim. Cross-complainants' recent motion for leave to file a SACC was d...

Excerpt: ...Petitioner/Plaintiff: Joseph Liebman; Steven H. Kaufman (Nossaman LLP – Los Angeles); Richard Monk (Hollister & Brace) For Respondent/Defendant: Kendall H. MacVey (Best Best & Kreiger – Riverside); Bruce W. Beach (Best Best & Krieger – San Diego) Rulings: 1. The Court denies City of Santa Barbara's motion for summary judgment or, in the alternative, summary adjudication of issues, or motion for legal ruling under CCP § 1260.040. 2. The Cou...

Excerpt: ...lich, Lena J. Marderosian, Dawn Cushman, Bradley & Gmelich LLP For Defendants Alma Del Pueblo Owners Association and The Management Association Inc. dba The Management Trust: Jeff Hsu, Patrick A. Gillispie, Murphy, Pearson, Bradley & Feeney For Defendants Samuel Hedgpeth and Sonia Rosenbaum: Michele L. Gamble, Rebecca J. Chmura, Collins Collins Muir + Stewart LLP For Defendants Jasmine Hale and Adams Stirling: Heather L. Rosing, Earll M. Pott, Br...

Excerpt: ...w Firm, PC for defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther David J. Tappeiner of Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP for defendant Robert Ramirez. TENTATIVE RULING: The motion to disqualify plaintiffs' attorneys is denied, without prejudice. Background: In the Complaint in this action, plaintiffs allege that Walter C. Henning and Caroline Henning were married, ...

Excerpt: ...Stan Kanarowski's complaint. The court sustains the demurrer to the breach of the implied covenant of good faith and fair dealing cause of action without leave to amend. The court overrules the demurrer in all other respects. Background: In his complaint, plaintiff Stan Kanarowski alleges: Kanarowski is agent and attorney-in-fact for former Securityholders of Vutara, Inc. [Complaint ¶1] On February 6, 2013, Vutara entered into a confidentiality ...