Excerpt: ...hew H. Conley, Henderson & Borgeson, in the amount of $1,000, to be paid to counsel for opposing parties on or before June 13, 2019. Background: Defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15, issued a deposition subpoena for business records to third party deponent custodian of records for Joseph Migliore, D.C., on October 16, 2018. (Conley decl., exhibit A.) (Note: The exhibits to the movi...

Excerpt: ... documents, set one, on or before June 12, 2019. BACKGROUND: This is an action for alleged breach of an insurance contract and bad faith. Plaintiff Jian Chen is the owner of residential property located at 361 Oliver Road, Santa Barbara, California 93109. At the time of the events in this case, plaintiff was insured under a homeowner's policy issued by defendant Interinsurance Exchange of the Automobile Club. The insurance policy covered plaintif...

Excerpt: ...response to his removal, he filed a petition for writ of mandate seeking reinstatement as principal and all lost benefits arising from his removal from that position, combined with a complaint for (1) violation of 42 U.S.C. § 1983, alleging a violation of his liberty interest protected by the Due Process clause, and (2) unlawful retaliation in violation of Labor Code section 1102.5(c), for which he seeks compensatory and punitive damages. This C...

Excerpt: ...fendant. The complaint sought damages of $3,525.09. Defendant filed his Answer on October 5, 2018, generally denying the allegations of the complaint. The Answer asserted affirmative defenses of latches, that any recovery should be denied based upon plaintiff's breach of the agreement, that the matter is subject to arbitration in lieu of litigation, that plaintiff has failed to mitigate its damages, and unjust enrichment. Plaintiff served request...

Excerpt: ...q., a violation of Business and Professions Code section 17500, et seq., and a violation of the California Consumer Legal Remedies Act. Briefly, defendants allegedly sold a defective automobile to plaintiffs pursuant to a vehicle purchase agreement without disclosing the defects. The matter was originally filed in Santa Barbara, but was transferred to this court on February 21, 2019. Defendants have filed a joint motion to compel arbitration purs...

Excerpt: ...in L. Baumer of Lowthorp, Richards, McMillan, Miller & Templeman for plaintiffs Daniel Antu and Lisa Henry Robert T. Mackey/Gregory B. Selarz / Clara L. Porter of Veatch Carlson LLP for defendant James Patrick Lynch RULING: For the reasons explained below, the motion to quash is granted. No sanctions will be awarded. Background: This action arose from a motor vehicle accident which occurred on March 10, 2018, on Los Positas Road in Santa Barbara,...

Excerpt: ...LLP RULING: (1) For the reasons set forth herein, the demurrer of defendants John Paullin and Bianca Jamgochian is sustained, with leave to amend, as to the second and third causes of action of plaintiff Lyn Gianni's first amended complaint. Leave to amend includes leave to state other causes of action arising from the same underlying facts as now alleged. (2) For the reasons set forth herein, the motion of defendants to strike portions of the fi...

Excerpt: ...rs Bill of Rights and a violation of T.I.L.A. The court sustained the demurrer with leave to amend as to the Homeowners Bill of Rights violation under Civil Code section 2923.7 as there were no facts to show that the group of three were anything but a single point of contact as contemplated by the statutory scheme. The court sustained the T.I.L.A. violation as to defendant Specialized Loan Serving without leave to amend, as it was not the owner o...

Excerpt: ...mplaint 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 influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...

Excerpt: ...nt 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. (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 15PR00338 (Probate Case). (Complaint,...

Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments...

Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...

Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...

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. Def...

Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...

Excerpt: ...d the sheriff attempt service at a large complex of numerous businesses and the sheriff sought more direction. Plaintiff then had the sheriff attempt service at defendant's residence on three occasions on November 14, 15, and 16, 2017, between 1:40 p.m. and 2:50 p.m. On April 11, 2017, the court entered an order for publication of summons. Notice was published in the Montecito Journal. Plaintiff requested and the court entered defendant's default...

Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...

Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...

Excerpt: ...denies defendant Sonia Rosenbaum's motion to disqualify plaintiff's counsel. The Court denies plaintiff Jane Doe's request for expenses. 2. The Court grants the motion of defendants Alma Del Pueblo Owners Association and The Management Assoc., Inc., to disqualify James F. Scafide as counsel for plaintiff Jane Doe. Background Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The...

Excerpt: ...intiff.” Presumably, this involves a default on a consumer credit debt. Defendant filed an answer on standard Judicial Council forms, as follows: “Defendant admits that all of the statements in the complaint . . . are true EXCEPT: [¶] Defendant claims the following statements are false []: “None.” Defendant prays for the following: “I'm willing to pay $1,000 right away and would like to make payment arrangements for the remaining balan...

Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...

Excerpt: ...ecting the parties to complete the deposition of Milton Grajeda. To the extent the motion seeks monetary sanctions, it is granted in the amount of $900, constituting the attorneys' fees incurred by 530 Anapamu to oppose plaintiffs' unsuccessful ex parte application to compel further discovery responses. Background: On July 24, 2014, plaintiffs Mary Kadak, Milton Grajeda, Mardoqueo Grajeda, Rufina Grajeda, Analise Grajeda, and Brandon Grajeda file...

Excerpt: ...'s license at the time he was arrested on April 29, 2018 for driving under the influence of alcohol. At the time of his arrest, Mr. Graybill was served by the arresting officer with a notice of “administrative per se suspension/revocation order and temporary driver's license.” He sought an administrative hearing from the Department, and a stay of the suspension/revocation pending the determination of whether to set aside or reinstate the susp...

Excerpt: ...twalk, while unaware that the utility closet contained a high voltage transformer. In doing so, he drilled into the high voltage equipment, and sustained serious injuries and burns when the equipment exploded, he caught fire, and he fell off the ladder. Plaintiff filed his original complaint on July 12, 2017, against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan), alleging causes of action for st...

Excerpt: ...r before May 24, 2019. In the event that Gerrity does not by that date serve the verified statement of no claim regarding the absence of Gerrity's signature as discussed herein, then Gerrity shall also serve on or before May 24, 2019, copies of all responsive documents to request numbers 24, 25, and 26, redacted as permitted herein. Plaintiffs' request for an award of monetary sanctions is denied. Background: On February 23, 2018, plaintiffs Line...