Excerpt: .... Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff 660 BVD, LLC, for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint...

Excerpt: ...ez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00378 (Probate Case). (Complaint, ¶ 5.) On March 23, 2017, a Notice of Proposed Action was filed in the ...

Excerpt: ...d their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1750 et seq.); (2) violation of California Fair Advertising Law (“FAL” – B&P Code §§ 17500 et seq.); and, (3) violation of California Unfair Competition Law (“UCL” – B&P Code §§ 17200 et seq.). On July 23, 2018, after the co...

Excerpt: ...ts Alma del Pueblo Owners Association and The Management Association, Inc., to Second Amended Complaint 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. Carstens, Lewis Brisbois Bisgaard & Smith LLP For Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC: Thomas P. Gme...

Excerpt: ...ements and the Court preliminarily approves the settlement pursuant to CRC 8.769(c). 2. The Court conditionally certifies the class, as defined in the settlement agreement: all persons who work or worked for defendant in California as independent contractor owner-operator drivers during the class period— from May 31, 2013, through the date the Court preliminarily approves the settlement, presumably June 25, 2019. 3. A final hearing on the settl...

Excerpt: ... not capable of judicial notice. (See Evid. Code, §§ 451-452.) Moreover, absent compelling reason otherwise, the court takes judicial notice of the case records as they exist through the San Luis Obispo Superior Court Attorney Portal. San Luis Obispo Superior Court Case No. 17CVP-0260 (“SLO Case”) On September 28, 2017, Frank Macciola and Domenica Macciola as trustees of the Macciola Trust, James Cella, Holly Lundbeck, trustee of the Holly ...

Excerpt: ...ty of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allegedly “c...

Excerpt: ...rike portions of plaintiffs' complaint and civil cover sheet is granted in part, with leave to amend. The motion is granted to strike the check from the box in paragraph 14(a)(2) of the complaint (asserting a claim for punitive damages). In all other respects the motion is denied. Plaintiffs Paul H. Gularte and Emily Gularte shall file and serve their first amended complaint on or before July 10, 2019. Background: On April 5, 2019, plaintiffs Pau...

Excerpt: ...ffice of the City Attorney; Eugene P. Ramirez, G. Craig Smith, Nicole M. Threlkel, Manning & Kass Ellrod, Ramirez, Trester LLP TENTATIVE RULING: Counsel for all parties are to appear, in person or by telephone, for the hearing on this motion. Background: Plaintiff Bridget Bryden filed her complaint against defendant City of Santa Barbara (City) on April 7, 2017, asserting in her complaint five causes of action: (1) violation of Labor Code section...

Excerpt: ...n and Sober, Inc. Paul D. Singer for Defendant Community Solutions, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Stalwart Clean and Sober, Inc. is denied. The court finds that there are triable issues of fact as to plaintiffs' claims in the matter. BACKGROUND: This is an action for wrongful death. Plaintiffs John Strumfler and Tracy Morris are the parents of the decedent, John Charles Strumfler, a parolee with a severe hero...

Excerpt: ...d range of repairs and modifications for his 1964 Corvette, including brake and suspension work. Plaintiff paid defendant $5,000.00 towards the costs of the repairs and upgrades he wanted and left the car with defendant. Plaintiff contends that he told defendant that he had a budget of $35,000.00 for the work to be performed, but was ultimately charged over $57,000.00. Plaintiff contends that he never received written estimates for the labor and ...

Excerpt: ...eposition to go forward on June 19 at 1:30 p.m. absent an express agreement among counsel for plaintiffs, counsel for defendant, and Powers. 2. Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3. The court grants plaintiffs' Linea Polk and Shannon Morgan Polk's motion to strike defendant David Gerrity's supplemental declaration of expert witnesses and orders s...

Excerpt: ... is granted. Background: On June 25, 2018, plaintiff Charles Franzen, by and through his guardian ad litem, Michael Franzen, filed his original complaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an infusion port removal surgical procedure on plaintiff Charles Fran...

Excerpt: ...al complaint in this action against defendants Barbara Kellner, Welterlen- Kellner, Inc., and Paw Asset Management, LLC. (Welterlen-Kellner, Inc., and Paw Asset Management, LLC, are referred to herein as the “entity defendants.”) On October 13, 2016, plaintiff Lisa Sands filed her original complaint in case number 16CV04593 against the same defendants. On October 17, 2016, the Etz plaintiffs filed their first amended complaint in this action....

Excerpt: ...(BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would c...

Excerpt: ...0 days of the date of this order. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101. The residential property is owned by defendant Janet Berschneider aka Jenna Berg acting individually and ...

Excerpt: ...n or before June 28, 2019. Background: On December 21, 2016, plaintiff Dean Ventura filed his complaint in this action asserting four causes of action against defendants R&R Motorworks (R&R), Ralph Gold and Nancy Gold: (1) breach of contract; (2) fraud; (3) negligence; and, (4) violation of consumer protection statute. On January 31, 2017, defendants filed their answer to the complaint, generally denying the allegations thereof and asserting six ...

Excerpt: ...t objection, questions ##1, 2, 3, 5, 6, 7, and 9 in plaintiffs' separate statement and any reasonable follow up questions. Plaintiffs may also ask questions regarding employment records that have been subsequently produced. 3. The court grants plaintiffs Subiono Wasito and Enny Soenjoto's request for a monetary sanction. The court imposes a monetary sanction of $5,690, including attorney's fees and the $90 filing fee, payable on or before June 17...

Excerpt: ...ghts Act, violation of the California Education Code, negligence, and negligent misrepresentation. Plaintiffs allege that they were sexually harassed and assaulted by defendant Caleb Alexander (“Alexander”), a fellow student, while they were all enrolled in the Master's of Psychology Program at defendant Pacifica Graduate Institute (“Pacifica”) during the 2016-2017 school year. Plaintiffs claim that when they reported Alexander's alleged ...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...d causes of action. The motion to strike is denied as improperly made. The sanction request is denied. Background Plaintiff's complaint, filed April 8, 2019, alleges causes of action for professional negligence, unfair business practices, and fraud, arising from defendant Dewey's brief representation of plaintiff in a family law matter involving issues of child custody, support, and visitation. Plaintiff alleges that Dewey performed very little w...

Excerpt: ...the outset, the Court recognizes that this phase of the case is not stayed as a result of the SLAPP decision being appealed. An anti-SLAPP motion automatically stays ONLY trial court proceedings on causes of action affected by motion. (See Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180) Background: Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The operative ...

Excerpt: ...fs Greg Smith and Judith Smith Robin L. Lewis, Assistant City Attorney, for Respondents City of Santa Barbara and Brian D'Amour Janet K. McGinnis for Real Parties in Interest Herbert Barthels and Herbert E. Barthels Trust TENTATIVE RULING: The motion for order augmenting the administrative record and/or admitting extra-record evidence is granted. The petition for writ of mandate challenging the determination by City Engineer Brian D'Amour that th...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Angelina Dettamanti to quash service and to vacate orders is denied. Counsel for the parties are to be prepared to discuss the issue of mootness at the hearing of this motion as identified by the court. Background: This civ...

Excerpt: ...nna Dyriam for Defendant Max Baril Barry Z. Brodsky for Defendant Meridian Group Real Estate Management, Inc. TENTATIVE RULING: Defendant's motion for order compelling plaintiff to provide further responses to form interrogatories is granted. Plaintiff shall provide its further responses, without objections, on or before June 13, 2019. Defendant is awarded monetary sanctions in the amount of $1,413.40. BACKGROUND: Plaintiff Filippini Wealth Manag...