Excerpt: ...a for Defendant Tom Shultz RULING: The motion of defendants Nancy Kaplan and Paddlers, Inc. for good faith settlement determination is granted. The motion of defendant Marc Medina for good faith settlement determination is granted. The motion of defendant Tom Shultz for good faith settlement determination is granted. Any and all present or future claims for equitable or comparative indemnity or contribution against the settling defendants are dis...

Excerpt: ...unt of $50,000. The bond was cancelled on July 2, 2018 with an effective cancellation date of August 4, 2018. Numerous claims of which the aggregate exceeds $50,000 have been submitted to Hudson seeking recovery of damages and losses. The claims allegedly occurred during the pendency of the Hudson bond. Consequently, Hudson filed its complaint in interpleader on August 2, 2018 pursuant to Code of Civil Procedure Section 386, subdivision (b). Huds...

Excerpt: ...8 and continued by request of the parties to allow them an opportunity to complete necessary discovery and due to trial conflicts of defendants' counsel. Trial was continued to April 2, 2018. Trial was again continued to August 27, 2018 by the parties' request to allow them to complete a vehicle inspection and due to trial conflicts of plaintiffs' counsel. The parties again requested a trial continuance because the vehicle inspection was only com...

Excerpt: ...t, LLC, and Victoria Street Partners, LLC to Second Amended Complaint (3) Motion of Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC to Strike Portions of Second Amended Complaint (4) Demurrer of Defendants Samuel Hedgpeth and Sonia Rosenblum to Second Amended Complaint (5) Motion of Defendants Samuel Hedgpeth and Sonia Rosenblum to Strike Portions of Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James ...

Excerpt: ...eph, Maranga Morgenstern TENTATIVE RULING: The motion of plaintiff Sharon E. Green to sequester and review records filed under seal in criminal cases is denied. Background: This is the lead case consolidated with Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524. On May 24, 2017, plaintiff Sharon Green filed her complaint in this action against defendant Mary Long Berry. The complaint alleges causes of action for...

Excerpt: ...tive Enhancement Awards ATTORNEYS: Garry M. Tetalman for Plaintiffs and Class Rafael Gonzalez for Defendant Santa Barbara Brewing Company, LLC TENTATIVE RULING: Plaintiffs' motion for final approval of class action settlement and class certification is granted. Plaintiffs' motion for approval of class counsel's fees, litigation costs, class representative enhancement awards, and claims administrator fees is granted as set forth herein. BACKGROUND...

Excerpt: ...timatebrands, Inc. (3) Application of Right to Attach Order and for Issuance of Writ of Attachment against Defendant Ultimate Franchises, Inc. ATTORNEYS: For Plaintiff 660 BVD, LLC: Todd A. Amspoker, Ryan D. Zick, Price, Postel & Parma LLP For Defendants Ultimate Brands, Inc., 2Ultimatebrands, Inc., and Ultimate Franchises, Inc.: John A. Dells, Warren B. Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the applications o...

Excerpt: ... Warren B. Campbell, Long & Delis TENTATIVE RULING: 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 for nonpayment on a guara...

Excerpt: ...C (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...

Excerpt: ...he matters identified by the court. The court grants plaintiff leave to amend the complaint, if so desired, with an amended complaint to be filed on or before June 21, 2019. Background: On September 14, 2018, plaintiff Kim Ham filed her complaint in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Co...

Excerpt: ...munication with La Cumbre Junior High School as to the purchase of the subject bottle of sulfuric acid; 4) PMK re: the distribution process of the subject bottle of sulfuric acid; and 5) PMK re: the subject incident. At the hearing, the court will ask the parties to agree to the dates, times, and places of the depositions. Absent an agreement, the court will set the dates, times, and places of the depositions. The court imposes a monetary sanctio...

Excerpt: ...Zubin Farinpour, Manning & Kass Ellrod, Ramirez, Trester LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Taurig, LLP For Defendant Lynn Chen: Stephen F. McAndrew, Kaufman McAndrew LLP For Defendant Mark Shaw: Timothy J. Trager, Meghan K. Woodsome, Reicker, Pfau, Pyle & McRoy LLP RULING: For the reasons set forth herein, the general and special demurrers of defendant Ke...

Excerpt: ... defaulted, and presently owes $2,573.42, plus costs and fees. Plaintiff alleges it is the successor-in-interest to Citibank. On May 3, 2019, defendant filed an answer on standard Judicial Council forms. He admitted all the statements in the complaint. In addition, he alleges: "I have been unable to work because of my disability as a result of a work incident. I also have been unable to receive my worker comp." (Answer, ¶ 5.) In his pray...

Excerpt: ...ts Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc., and Nancy Warner, NP, to plaintiff Laurie Ann Humberd's first amended complaint. As to these defendants only, the Court overrules the demurrer to the first cause of action for negligence; the Court sustains the demurrer to the second cause of action for strict liability without leave to amend, and the Court strikes the third cause of action without leave to amend but wit...

Excerpt: ...onal Medical Center, where it was discovered that as a result of the fall, Charles suffered multiple fractures to his left hip. On November 10, 2018, he passed away. On November 21, 2018, this complaint was filed by Charles' successor in interest, Lee Levins, against Dignity Health, alleging the following causes of action: (1) elder abuse; and (2) negligent hiring and supervision. On April 16, 2019, the court set aside the default of Dignity Heal...

Excerpt: ...ckground: Plaintiff Laura Dewey filed this action against defendant Tarek Suleimanagich for breach of written contract and common counts for account stated and services rendered. Motion: Plaintiff moves for an order declaring defendant a vexatious litigant under CCP § 391(b)(3),which defines a vexatious litigant as a person who “In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other paper...

Excerpt: ...o 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, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal ...

Excerpt: ...to Demand for Production of Documents and Request for Monetary Sanctions Attorneys: For Plaintiff: Eric A. Woosley Defendant: self represented Tentative Ruling: 1. The court grants plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP's motion to compel further responses to form interrogatories and orders defendant/cross-complainant Henry Aguila to provide further responses to form interrogatories ##12.1 and 12.2 in each of the two s...

Excerpt: ...nted TENTATIVE RULING: The motion of plaintiffs for terminating sanctions against defendant Sal Espinoza is granted in part and denied in part. The court orders that, on or before August 9, 2019, defendant Sal Espinoza shall serve on counsel for plaintiffs written, verified responses, without objection, to plaintiffs' form interrogatories, set one, and to plaintiffs' demand for production and inspection of documents, set one. On or before June 17...

Excerpt: ...filed their putative class action complaint against defendant Ken's Foods, Inc., alleging causes of action for (1) violation of the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), (2) violation of the California False Advertising Law (Bus. & Prof. Code §17500 et seq.), and (3) violation of the California Unfair Competition Law (Bus & Prof. Code §17200 et seq.) Plaintiffs allege that they purchased a variety of salad dressing...

Excerpt: ...ent Services to Second Amended Cross-Complaint of Dario L. Pini and for Award of Sanctions ATTORNEYS: For Plaintiff People of the State of California etc.: Ariel Pierre Calonne, John Doimas, Office of the City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aqua...

Excerpt: ...r, motion to strike, and motion to quash, was dismissed without prejudice on January 28, 2019. In the current action, a First Amended Complaint (FAC) was filed on April 15, 2019, to correct the defect in the original complaint, which impermissibly been filed without having been verified. The FAC alleged that the parties entered into a written agreement under which defendant was to pay $2,900/month for a period of 5 years. It alleged further that ...

Excerpt: ...bicycle east on Sueno Road approaching the intersection of Camino Pescadero on November 15, 2017. (Complaint, ¶ 8.) Seife stopped at the stop sign and looked to the left and right. (Ibid.) Defendant Sina Faravashi was driving south on Camino Pescadero at an unsafe speed. (Complaint, ¶ 12.) At the time Seife had reached roughly the middle of Camino Pescadero, Seife was hit by the vehicle driven by Faravashi, causing serious bodily injuries to Se...

Excerpt: ...oseph P. McMonigle, Jennifer A. Becker, Long & Levit LLP TENTATIVE RULING: As set forth herein, defendants shall appear at the hearing on this motion and present a completed application for order in compliance with Santa Barbara County Superior Court Local Rules, rule 1303(a). The court will further address this motion at the hearing. Background: On June 1, 2017, plaintiff Michael S. Little filed his original complaint in this action against defe...

Excerpt: ...4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Defen...