Excerpt: ... 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 Commission and State Coastal Conservancy:Xavier Becer...

Excerpt: ...cident. Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to comp...

Excerpt: ...or judgment on the pleadings is denied. Background: These are two consolidated actions. The lead case is 1998 Ampersand Aviation, LLC, etc. v. Esperer Holdings, Inc., case number 17CV04837. The lead case is consolidated with 1998 Ampersand Aviation, LLC, etc. v. Federal Express Corporation, case number 17CV04854 (the consolidated case). (1) Allegations of Plaintiff's Complaint in Lead Case The plaintiff in the lead case is “1998 Ampersand Aviat...

Excerpt: ...t 1521½ Santa Rosa Avenue in Santa Barbara and plaintiff shall be entitled to an award of attorney fees and costs in the amount of $4,333.37. For convenience, plaintiff may deduct the award of fees and costs from the amount deposited, for a net deposit of $100,804.17. Background: Barrett Daffin Frappier Treder & Weiss, LLP, filed a complaint in interpleader for $105,137.54 in surplus proceeds not disbursed following the non-judicial foreclosure ...

Excerpt: ... (2) the unredacted declaration of James P. Hart, Jr., lodged on March 8, 2019. Background: Plaintiffs Eric Gonzales and Diana Gonzales and defendant A&S Coldplaning entered into a stipulation, initially dated April 16, 2018, for the parties to arbitrate their claims subject to a maximum and minimum award to plaintiffs. (Hart decl., exhibit 1.) The maximum and minimum amounts are redacted from the public file version of the stipulation because th...

Excerpt: ...d when she was sideswiped at a high rate of speed by a vehicle driven by defendant Douglas Harley. Defendant did not stop at the scene, but sped away. Plaintiff reported the incident and defendant was later stopped by police officers after they observed his vehicle drifting left to right on the roadway. After making contact with defendant, the officers noted that he had red, watery eyes. The officers also detected the smell of alcohol coming from...

Excerpt: ...s-complainant Roxanne Doree contesting the application for determination of good faith settlement of cross-defendants Jonathan Lisowski and Jessica Roth is denied. The Court finds that the settlement between plaintiffs Kirk Martin and Randee Martin and cross-defendants Jonathan Lisowski and Jessica Roth was made in good faith, barring all present and/or future claims against Lisowski and Roth for indemnity, contribution, and/or declaratory relief...

Excerpt: ...La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of the Third Amended Complaint as to Plaintiff Norm Salter (2) Motion of Cross-Defendants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of Cross-Complaint of Dilip Ram ATTORNEYS: For Plaintiffs and Cro...

Excerpt: ...fendants Martin Jarchow and Summerland Builders Edward J. Valdespino for Defendant American Bankers Insurance Company Caryn Brottman Sanders for Defendant Universal North American Insurance Company TENTATIVE RULING: The demurrer of defendant Martin Jarchow to plaintiffs' first, second, and third causes of action for negligence, negligent misrepresentation, and fraud is overruled. Defendant shall file and serve his answer to plaintiffs' first amen...

Excerpt: ...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 Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and cross-defendants Trigild...

Excerpt: ... 2019. BACKGROUND: In April 2017, plaintiff Carla Jonasson began working for defendant James Gelb as a personal assistant and housekeeper. In exchange for plaintiff's services, defendant provided room and board to plaintiff and her two children in his house, but no salary. Plaintiff's duties usually began around 8:30 a.m. and often continued to 9:00 or 10:00 p.m. Plaintiff was required to clean defendant's house, do his laundry, prepare his food,...

Excerpt: ...pleading defects. Background: Plaintiff's complaint, filed on June 28, 2018, alleges causes of action for negligence, breach of the warranty of habitability, and nuisance, based upon allegations that she sustained personal injury and property damage from mold which grew in her rental property. She names as defendants John W. Seedorf, Enid K. Seedorf, Seedorf Family Trust, Sierra Properties, Nancy Kaller, and Mariella Stockmal. The defendants are ...

Excerpt: ... (2) For the reasons set forth herein, hearing on the motion of plaintiff Cinthya Saavedra for approval of the PAGA settlement will be continued to the date of the hearing on the final approval of the class action settlement, which date is to be determined at the hearing of these motions. Background: Defendant Cliff View Terrace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzi...

Excerpt: ...dents The Mayor and City Council of City of Santa Barbara RULING: The motion for judgment on the pleadings of respondent City of Santa Barbara is granted without leave to amend. BACKGROUND: This matter concerns real property located at 1407 East Cabrillo Boulevard in Santa Barbara known as Bellosguardo. The 23-acre property belonged to the late mining heiress Huguette Clark. Ms. Clark died in 2011 and left the property by will to The Bellosguardo...

Excerpt: ...Egan, et al. (Manning & Kass, et al. – Los Angeles) For Defendant Chen: Stephen F. McAndrew (Kaufman McAndrew – Encino) Ruling: The Court overrules defendants Pierre Chao, John Mei, Christopher Holmes, Charles Miller, and David Oldham's demurrer; defendant Lynn Chen's demurrer; and defendant Mark Shaw's demurrer to the complaint of plaintiff Corporate Recovery Associates, LLC, as Trustee for the Liquidating Trust of Channel Technologies Group...

Excerpt: ...homas P. Gmelich for Defendant Victoria Street Partners, LLC Michele L. Gamble for Defendants Samuel Hedgpeth and Sonia Rosenbaum Earll M. Pott for Defendants Jasmine Hale and Adams Stirling, PLC RULING: The special motion to strike of defendants Jasmine Hale and Adams Stirling, PLC is granted. Causes of action 21 through 26 in plaintiff's first amended complaint are ordered stricken without leave to amend. Moving defendants are awarded their att...

Excerpt: ...aniel Brucker and Janell Brucker's motion to compel further responses to request for production of documents, set one. The Trial Date of 6/25 and the MSC Date of 6/7 are confirmed. Background: Plaintiffs Daniel Brucker and Janell Brucker are the owners of the Ogilvy Ranch, a ranch property in Santa Barbara County. In August 2016, the ranch sustained damage as the result of the Rey Fire, a wildfire that started near Paradise Road in the Los Padres...

Excerpt: ...Trial Date of 5/7 and the MSC of 4/12. Background: Plaintiff Denise A. Diller's sole remaining cause of action against defendant Rushmore Loan Management Services LLC is negligence. MSC is scheduled for April 12 and trial for May 7, 2019. Motion for Summary Judgment/Adjudication: Defendant Rushmore moves for summary judgment or, in the alternative, summary adjudication. Plaintiff Diller opposes the motion. 1. Issues Regarding Pleadings: Diller ha...

Excerpt: ...l the Court's secretary's telephone at 882-4570 who will get me from the bench to rule on any objections that might arise. Since this is the third time her deposition has been set, if Lana does not go forward with this deposition and does not complete the vocational examination, she will not be permitted to testify. The suggestion of written questions is rejected. The Court has selected a date after the date recommended by Lana's doctor and her a...

Excerpt: ...he 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 Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and c...

Excerpt: ...e negligent in their diagnosis, examination and care and treatment of plaintiff Nicole McKernan. That negligence included negligent prenatal care and treatment, and failure to diagnose and treat preeclampsia. As a result of the negligence, Nicole McKernan suffered a seizure and permanent brain damage. The complaint named as defendants Santa Barbara Cottage Hospital, Heather Terbell, M.D., and Bonnie Dattel, M.D. After Dr. Terbell filed a motion f...

Excerpt: ...amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP. The pa...

Excerpt: ...ross-defendant 220 W. Gutierrez, LLC, for summary judgment is denied. (1) Motion for Determination of Good Faith Settlement Background: This action involves toxic contamination in and around property located at 220 W. Gutierrez Street, Santa Barbara. Plaintiff 220 W. Gutierrez, LLC, is the present owner of the property located at 220 W. Gutierrez Street (the Property or Site). (Till decl., ¶ 3.) Plaintiff and State of California Department of To...

Excerpt: ...ot and the court orders it off calendar. As to plaintiff Joe F. Carrari, the court continues the hearing on the demurrer and motion to strike to March 20, 2016, to determine representation of Joe F. Carrari's interests in this case. Complaint and Background: On October 5, 2018, plaintiffs Joe F. Carrari, Sylvia Ramirez, Angelina Dettamanti, and J.P. Herrada filed their complaint for intentional tort against defendant County of Santa Barbara. Plai...

Excerpt: ...shman of Bradley & Gmelich LLP for defendants Santa Barbara Public Market, LLC and Victoria Street Partners, LLC; Michele L. Gamble / Rebecca J. Chmura of Collins Collins Muir + Stewart LLP for defendants Samuel Hedgpeth and Sonia Rosenbaum; Heather L. Rosing / Earll M. Pott / Brittany M. Vojak of Klindinst PC for defendants Jasmine Hale and Adams Stirling PLC RULING: The preliminary injunction is denied, and the TRO is dissolved. Background: Pla...