Excerpt: ...), and to disallow $6,025.23 from category 16 (other). In all other respects, the motion is denied. Correcting an arithmetic error in the total stated in the memorandum of costs, the court fixes the amount of costs awarded in favor of defendants and against plaintiff in the total amount of $52,505.15. Background: On May 15, 2019, the court entered its judgment in favor of defendants Crusader Insurance Company and Unico American Corporation and ag...

Excerpt: ...Technologies Group, LLC: Edward Jason Dennis, Samuel B. Hardy, Christian A. Orozco, Lynn Pinker Cox & Hurst LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Traurig, LLP (For other appearances see list) RULING: For the reasons set forth herein, the motion of defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes to compel compliance with ...

Excerpt: ... In a written ”Statement of Decision” signed and entered on May 17, 2019, the court denied plaintiff's request for a continuance and granted defendants' motion for summary judgment, among other things. The “Statement of Decision” (the order) was mailed to the parties on May 20, 2019, as evidenced by the clerk's certificate of mailing. The court thereafter signed and entered judgment on June 3, 2019. Defendants sent notice of entry of judg...

Excerpt: ...: Jonathan C. Teller (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: 1. The court grants defendant Community Solutions, Inc.'s motion for sealing Exhibit F in support of the motion for summary judgment. 2. The court denies defendant Community Solutions, Inc.'s motion for summary judgment. Background: This is an action for wrongful death. Plaintiffs John Str...

Excerpt: ...ifornia Coastal Commission and State Coastal Conservancy to Confirm Extension of Five Year Deadline to Bring Case to Trial and to Continue Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, indiv...

Excerpt: ...ts for Admission, Set Two, is denied. BACKGROUND: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. According to the complaint, on the afternoon of December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left side of his head by a golf club tha...

Excerpt: ...Kenney, McGarrigle, Kenney & Zampiello, APC TENTATIVE RULING: For the reasons set forth below, the motion of plaintiff Hope Ranch Park Homes Association for an award of attorney fees is denied. The request of defendants A. Stuart Rubin and Annette Rubin for an award of monetary sanctions is also denied. Background: On June 29, 2017, plaintiff Hope Ranch Park Homes Association (Hope Ranch) filed its complaint in this action to collect monetary pen...

Excerpt: ...ilarly situated: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: The motion of plaintiff for final approval of class action settlement is granted. Background: On March 16, 2015, plaintiff Shawn LaFountain, individually and on behalf of others similarly situated, filed this putative class acti...

Excerpt: ...errace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzik decl. re PAGA, ¶ 3.) Plaintiff Cinthya Saavedra worked for Cliff View as a certified nursing assistant at Cliff View's Mission Terrace Convalescent Hospital facility in Santa Barbara from 2016 until April 2017. (Ibid.) The operative complaint, the second amended complaint (SAC), was filed on May 11, 2018. The SAC assert...

Excerpt: ...erve their second amended complaint on or before August 5, 2019. (2) For the reasons set forth herein, the motion of defendant Meister & Nunes, PC, to strike portions of the first amended complaint is granted, with leave to amend, to strike the words “bearing the name ‘Ann-Marie Morahan' with her home address, social security number and tax liability for 2015” from paragraph 13 and the words “an injunction and” from paragraph 38. In all...

Excerpt: ...on the motion pursuant to CRC 3.1150(f). Background: Plaintiffs Melvyn Goldsmith and Barbara Goldsmith filed their complaint against defendant Hope Ranch Park Homes Association (“HOA”) for declaratory relief, breach of fiduciary duty, and injunctive relief. Plaintiffs allege: HOA is a corporation formed to manage a common interest development known as Hope Ranch. Milton Pinsky and Elizabeth Pinsky own property adjacent to Goldsmiths' property...

Excerpt: ...ate School, Inc. dba Pacifica Graduate Institute (“SBGS”). According to the allegations, on the evening of April 23, 2016, plaintiff was attending an outdoor conference celebrating SBGS's 40th anniversary. The conference took place on an area of the campus lawn where tables, chairs, and free-standing umbrellas had been set up for the conference attendees. Plaintiff was seated at one of the tables when the wind suddenly picked up, causing seve...

Excerpt: ...to in the amount of $3,000, on or before July 29, 2019. 2. The court denies cross-complainants Santy and Harry Kazali's motion for leave to file amended cross-complaint. Background: This is a wage and hour action by plaintiffs Subiono Wasito and Enny Soenjoto, who were formerly employed at a Days Inn motel establishment owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Harry and Santy Kazali, dba Days Inn o...

Excerpt: ...t defaulted on his obligation to repay pursuant to the terms of the agreement. The sum of $26,228.04 is now owing. Plaintiff alleges the following causes of action: (1) breach of agreement; (2) open book account; and (3) account stated. Plaintiff moves for summary judgment or alternatively for adjudication of issues. Opposition has been filed, including evidentiary objections, as well as a reply. Legal Standards The rules governing how courts ass...

Excerpt: ...motion for protective order is granted. Any further deposition testimony of Dr. Richard Hurvitz shall be taken by written, instead of oral, examination. Defendant is awarded monetary sanctions against plaintiffs' counsel, John B. Richards, in the sum of $5,760. BACKGROUND: This action arises out of a landlord tenant dispute. As alleged in the complaint, on July 10, 2015, plaintiffs Erin Murphey, Richard Doherty, and Chloe Doherty, a minor, began ...

Excerpt: ...a del Pueblo Owners Association re subpoena to Pacific Western Bank (continued from June 18); and (4) motion of Jasmine Hale and Adams Stirling for attorney fees following grant of special motion to strike (filed on May 17 and originally set for June 18, but continued on June 4 to July 16 at plaintiffs' request). Rulings: For the reasons set out below, and to avoid any prejudice 1. The Court will continue the hearing on all motions scheduled for ...

Excerpt: ...d property which abuts Tollis Avenue. Both parcels are accessed from Tollis Avenue by a common driveway. The area slopes southward down toward Tollis Avenue, and the upper parcel acquired by Lighthouse Trust has ocean views. Each property is improved with a single family residence with attached garage. Lighthouse Trust seeks to merge the two parcels into one 2.12 acre parcel, to demolish the existing residences and other structures, and to constr...

Excerpt: ...) on behalf of herself and her son, plaintiff Santo Massine (“Massine”), a minor. Defendant is Janet Berschneider aka Jenna Berg (“Berg”) acting individually and as Trustee of the Berg Family Trust. Berg is the owner of real property located at 322 East Arrellaga Street, Santa Barbara, California 93101, where plaintiffs lived from February 2017 to July 2017. In October 2018, the parties settled the action, with defendant agreeing to pay $...

Excerpt: ...g and Associates, LLC (Company or LAALLC) from entering into agreements to sell their respective membership interests and to compel those members to sell their interests to Shumake under the terms of the Company's Operating Agreement. The motion is opposed by the defendants. (Note: The moving papers do not include electronic bookmarks for exhibits as required by Rules of Court, rule 3.1110(f)(4). The exhibits are not consecutively paginated in vi...

Excerpt: ...his demotion by defendant Santa Barbara Unified School District (“District”) from his position as principal at San Marco High School (“SMHS”) to classroom teacher. Behrens sought reinstatement to his position as principal and all back pay and benefits that were lost due to his reassignment, as well as attorney's fees. On May 9, 2019, the court denied Behrens's motion for judgment on peremptory writ of mandate, finding that District did no...

Excerpt: ...ntirety, and the text of paragraph 6, “enjoin the plaintiff from any trespass on, use of or other benefit of the La Cumbre Canyon Ranch property and” (Answer, p. 10), and is in all other respects denied. (2) For the reasons set forth herein, the demurrer of plaintiff Saticoy Development Company, LLC, to the answer of defendant Skylar L. Gauss (i) is sustained, without leave to amend, as to the seventh, ninth, and tenth affirmative defenses, (...

Excerpt: ...nt on or before July 25, 2019. (2) Based on the disposition of the demurrer, the motion to strike of defendant The Parsons Group, Inc., is moot and is ordered off calendar. Background: As alleged in the first amended complaint (FAC): Plaintiff Teresa Vargas Perez was employed as a Caregiver at a residential care facility known as The Gables Ojai from at least 2006 to 2018. (FAC, ¶ 1.) Defendant The Parsons Group, Inc. (Parsons) is headquartered ...

Excerpt: ...yle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wholfeil, Klinedinst PC RULING: (1) For the reasons and on the grounds set forth herein, the general and special demurrer of defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich to plaintiffs' second amended complaint is sustained as to each cause of action. Plaintiffs shall file and serve their amended complaint (to be designated the fifth a...

Excerpt: ...gainst plaintiff, together with costs. BACKGROUND This is an action for personal injuries. On September 3, 2017, plaintiff Alyssa Nuno, then age 16, was at West Beach in Santa Barbara celebrating the Labor Day holiday with family and friends when an intense storm event known as a “microburst” struck the beach, creating 80 mile per hour wind gusts and heavy rain that sent umbrellas, kayaks, and other watercraft and debris flying through the ai...

Excerpt: ....C., to compel further responses to form interrogatories, set one, No. 15.1 is granted. Defendant Marco A. Frausto shall serve his verified further responses to form interrogatory No. 15.1 on or before July 17, 2019. Background: On September 19, 2018, plaintiffs J. Arthur Baer, III, and J.A. Ted Baer, a Professional Corporation, filed their original complaint in this action asserting causes of action against defendants Marco A. Frausto and Marco ...