Excerpt: ...nts and cross-complainants A. Stuart Rubin and Annette Rubin. Richard H. Glucksman / Brian D. Kahn / Jeffrey N. Stewart of Chapman Glucksman Dean Roeb & Barger for cross-defendant and cross-complainant McCoy Electric Corporation and cross- defendant Richard Ray McCoy TENTATIVE RULING: As discussed below, the motion will be granted. Background: This action arises from construction work performed by plaintiff McCoy Electric Corporation at property ...

Excerpt: ... On February 12, 2018, plaintiff was demoted by defendant Santa Barbara Unified School District (“District”) from his position as principal of SMHS to classroom social studies teacher. Plaintiff alleges that his demotion was in retaliation for the way he responded to a student threat incident. On May 21, 2018, plaintiff filed his complaint asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due pro...

Excerpt: ...Interrogatories ##18 and 25. The court orders defendant Adi Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatories ##18, 25, and 26. The court orders defendant Santy Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatory #18. To the extent defendants do not have personal knowledge sufficie...

Excerpt: ... denied. BACKGROUND: This is an action for personal injuries allegedly sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant, 514 State Street, Santa Barbara, California, broke, causing him to fall and hit his head. Defendants Old Town Hospitality, Inc. and Aron Ashland are the owners of the Sandbar Restaurant. Defendant Teak Warehouse, Inc. is the manufacturer of the chair that failed. Plaintiff alleges that there had...

Excerpt: ...ed complaint, and causes of action advanced in (essentially) the first amended cross-complaint. As to the 2005 Easement Grant motion, the court grants summary adjudication to the Second, Sixth, Eighth, Tenth, Eleventh and Twelfth causes of action involving Sine Qua Non, Inc., and Molly Aida, Inc. only, advanced in the first amended cross-complaint. The court denies the summary adjudication motion as to two causes of action for quiet title and dec...

Excerpt: ...ed as Counsel 2. Motion to Strike/Tax Memorandum of Costs Filed by Derek Westen and Westen Family Group, LLC 3. Motion to Strike/Tax Memorandum of Costs Filed by Peter K. Westen 4. Motion to Strike/Tax Memorandum of Costs Filed by Tracy A. Westen and Linda Lawson Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda ...

Excerpt: ...urther Responses to Request for Production of Documents, Set One, and Request for Sanctions; Motion to Compel Defendant 2Ultimatebrands, Inc. to Provide Further Responses to Request for Production of Documents, Set One, and Request for Sanctions ATTORNEYS: Ryan D. Zick for Plaintiff 660 BVD, LLC John A. Delis for Defendants Ultimate Brands, Inc., Ultimate Franchises, Inc., and 2Ultimatebrands, Inc. TENTATIVE RULING: Plaintiff's two motions to com...

Excerpt: ...trate an underinsured motorist claim. Ostwald sued the motorist—Garcia—and the parties agreed to judicial arbitration. Ostwald obtained an award in excess of Garcia's liability insurance policy limits. Ostwald sought payment from State Farm in the amount of the difference between the award and Garcia's insurance policy limits plus an amount representing lost earnings that Ostwald says she did not litigate in the judicial arbitration. State Fa...

Excerpt: ...ss, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It arises from plaintiffs' lease and inhabitance of a residence which proved to be contaminated by toxic mold, the failure to contain the contamination during work performed to mitigate the problem, and the personal injuries and damages incurred by the plaintiffs as a result of their exposure to the con...

Excerpt: ...h, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. Case No. 17CV00636 [Retained Sponge Lawsuit] On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Sur...

Excerpt: ...erre Calonne, Tom R. Shapiro, Office of the City Attorney of Santa Barbara; Michael G. Colantuono, Ryan Thomas Dunn, Aleks R. Giragosian, Colantuono, Highsmith & Whatley, PC RULING: (1) For the reasons set forth herein, the motion of defendant City of Santa Barbara for an award of attorney fees pursuant to Code of Civil Procedure section 2033.420 is denied. (2) As set forth herein, the motion of plaintiffs Rolland Jacks and Rove Enterprises, Inc....

Excerpt: ..., Sean M. Gaffney, Jamie Altman Buggy, CGS3 LLP For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LL...

Excerpt: ...e: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendants Wells Fargo Bank, National Associa...

Excerpt: ...llowing Ms. Force's death, plaintiff filed suit against defendants Sheridan Force, Trustee of The Force Trust dated April 21, 1998, and The Force Trust dated April 21, 1998, claiming that he was not Ms. Force's tenant but instead her caretaker. Plaintiff seeks wages and penalties in excess of $200,000.00 for the period covering the four years prior to the filing of the complaint, alleging that he was never paid. Defendants deny the allegations an...

Excerpt: ...Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney; Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices o...

Excerpt: ... Holbrooke Sawyer Natalya Vasyuk for Defendants Calle Real Shopping Center, The Towbes Group, Inc., and Trader Joe's Company RULING: Plaintiff's motion to compel Trader Joe's Company to provide a further response to Request for Production No. 4 is denied. Trader Joe's request for monetary sanctions against plaintiff is denied. Plaintiff's motion to compel The Towbes Group to provide a further response to Special Interrogatory No. 30 is denied. Th...

Excerpt: ... Employment and Housing Act (FEHA), harassment/hostile work environment (FEHA), failure to investigate or prevent harassment (FEHA), wrongful termination in violation of public policy, and declaratory judgment. Norton alleges: He was Sage's employee working in Camarillo in Ventura County and Santa Barbara in this Santa Barbara County. His employment was terminated on February 25, 2019, after a complaint of sexual harassment by another employee. H...

Excerpt: ...nce in person; no telephone appearances. Settlement briefs due one week in advance. 3. The trial date is November 12, 2019, with the Calendar Call at 11:30 am; the pretrial conference is set for 1:30 pm on 11/12; the jury panel to come over at 9 am on 11/13; the Court has reserved November 12 (1/2 day), 13, 14 and 15 and November 18, 19 (1/2 day), 20, 21, 22 for trial = 8 days. 4. The CMC set for 8/6 is vacated; a new CMC is set for: A. August 27...

Excerpt: ...Owners Association to Second Amended Complaint (3) Motion to Quash of Alma del Pueblo Owners Association re Subpoena to Pacific Western Bank (4) Motion of Jasmine Hale and Adams Stirling for Attorney Fees Following Grant of Special Motion to Strike ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D...

Excerpt: ...ining of vertigo. Dr. Okerblom recommended, among other things, that plaintiff consult with defendant Dr. Peter Garcia (“Dr. Garcia”) of defendant Dignity Health (together, “defendants.”) Plaintiff saw Dr. Garcia on August 31, 2017. She complained of compulsive gambling, which is a side effect associated with Abilify. At the time, she was taking 10 mg. of Abilify per day. The treatment plan was to proceed with a trial decrease of Abilify ...

Excerpt: ...tness observed “black smoke coming from the hood area of the [2004 Acura MDX].” The witness then noticed sparks coming from “underneath the vehicle.” The fire was quickly extinguished, although substantial damage to the vehicle ensued. According to the complaint, the “fire was determined to have started in the engine compartment where there was a malfunction with the vehicle.” Plaintiff contends in the operative pleading that defendan...

Excerpt: ...set for May 1, 2020. 3. The next CMC date of 10/8/19 is vacated and a new CMC date is set for March 31, 2010, to discuss the final discovery schedule including expert witness depositions. Analysis This is a personal injury action, based upon injuries sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant failed, and he hit his head. The incident occurred in April 2018, and the complaint was filed in August 2018. PMK dep...

Excerpt: ... to amend. Complaint: Plaintiff Centex Group, Inc. (“CG”), alleges: Defendant Wells Fargo Bank, N.A. (“WF”) provided account services to individual(s) going by the name “Cheapside Trading Company” (“Cheapside”). Cheapside executed an e-mail scam in which they impersonated CG's vendor and induced CG's agent to deposit $22,119.10 from CG's Chase Bank account into the WF account owned or managed by Cheapside on February 16, 2019. CG ...

Excerpt: ...: As alleged in the complaint of plaintiff James Lewis: Plaintiff is the owner of real property located at 4631 Gerona Way, Santa Barbara (the Premises). (Complaint, ¶¶ 1-4.) On May 14, 2018, plaintiff entered into an unspecified tenancy with defendant Stephen M. Lewis by a written agreement. (Complaint, ¶ 6.) The complaint does not check any boxes in paragraph 6a(1), (2), or (3) identifying the type of tenancy. On March 14, 2019, a 30-day not...

Excerpt: ...eview Commission's Appeal Decision dated May 15, 2017, are hereby vacated. The court further orders that respondent Regents of the University of California conduct no further administrative proceedings against petitioner John Doe based on the alleged conduct that is the subject of this proceeding. Counsel for petitioner shall prepare an order consistent with this ruling. Background: Investigators and adjudicators at the University of California S...