Excerpt: ...f contract and common counts, seeking damages of $133,503.53 against defendants, plus interest. Attorneys' fees are sought for the common counts cause of action, but not within the breach of written contract cause of action. Plaintiff seeks interest in both causes of action. The complaint alleges that on June 20, 2018, plaintiff and defendants entered into an agreement, a promissory note payable in full on December 15, 2018. The promissory note (...

Excerpt: ...f the City Attorney RULING: For the reasons set forth herein, the motion of defendant City of Santa Barbara for summary judgment, or alternatively for summary adjudication, is granted in part and denied in part. The motion is granted to summarily adjudicate plaintiff Santa Barbara Inland & Coastal Property Rights Association's seventh cause of action in favor of defendant City. The motion is in all other respects denied. Background In this action...

Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...

Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...

Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...

Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...

Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...

Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...

Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...

Excerpt: ... 7, 2019, alleging causes of action for promissory fraud, bad faith retention of security deposit, conversion, and common counts. The complaint alleges that Windrich and defendants entered into a written term lease or rental agreement for premises located at 821 Cliff Drive, No. 101, in Santa Barbara, under which Windrich agreed to pay monthly rent of $800.00, commencing June 15, 2015. Windrich deposited with defendants $1,600 as security for his...

Excerpt: ...port cardiovascular surgeons by managing the heart-lung machine during open heart surgery. On October 7, 2015, non-party Santa Barbara Cottage Hospital (“Cottage”) executed an agreement with Allied for cardiovascular perfusion services. The agreement provided that Allied would furnish perfusion personnel and perform perfusion services for Cottage for a period of five years as an independent contractor. The fees for such services were set fort...

Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...

Excerpt: ...hter as a result of the incident. Plaintiffs filed suit not only against Forgione, but also against Foley Estates Vineyard and Winery, LLC and Foley Food and Wine Society, contending that Forgione, a celebrity chef, was employed by the Foley entities, and acting in the course and scope of that employment, at the time of the accident. Plaintiffs served discovery upon both Forgione and the Foley entities in order to obtain evidence in support of th...

Excerpt: ..., and Century Indemnity Company for an order staying all proceedings in this action to allow the related federal case to conclude. Background: This action arises out of environmental contamination of real property located at 220 W. Gutierrez Street, Santa Barbara, California. The contaminant is perchlorethylene, a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. P...

Excerpt: ...KGROUND: In this malpractice action, plaintiff Sheila Gianelli has sued her former attorneys, defendants Mark Schwartz (“Schwartz”), a Pennsylvania attorney, and Eric Woosley (“Woosley”), a Santa Barbara attorney, in connection with their representation of plaintiff in an underlying employment discrimination case against plaintiff's former employer, the Home Depot. The trial court in the underlying action granted Home Depot's motion for s...

Excerpt: ...tion to Confirm Arbitration Award. Since the proposed judgment is an exhibit to a pleading, petitioner shall submit a separate judgment for entry. Background Petitioner Hope Village Maintenance Corporation and respondents John Pearley Huffman and Dana Huffman arbitrated disputes regarding compliance with Covenants, Conditions & Restrictions (“CC&Rs”) applicable to respondents' residence in a common interest development. On July 25, 2019, the ...

Excerpt: ...Garvin, et al. – Pasadena) Ruling: The Court approves the class action settlement that plaintiff Leonard Ignacio and defendant Certified Freight Logistics, Inc. have reached. The Court approves an award of attorney fees to the firm of Mathew & George in the amount of $175,000; a claims administration fee award of $23,500 to ILYM Group, Inc.; and the Labor and Workforce Development Agency (LWDA) payment of $5,000. The Court will take up the amou...

Excerpt: ...Sharon Kennedy to the complaint of plaintiff Pickford Real Estate, Inc., is overruled. Defendant shall file and serve her answer to the complaint on or before December 4, 2019. Background John Alexander was the previous trustee of the Alexander Trust dated May 4, 2007 (Trust). (Complaint, ¶ 2.) Alexander died on May 11, 2018. (Complaint, ¶ 12.) (Note: Insofar as the date of Alexander's death is alleged in the complaint as the same date appearin...

Excerpt: ...e to amend as to this issue only, should plaintiff choose to do so, on or before November 15, 2019. The motion to strike is denied in all other respects. (c) In large part, the Court has deemed its August 9 order regarding the identical discovery devices and motions to be applicable to defendant Sierra Property Group's four motions to compel further responses to form interrogatories, special interrogatories, demands for production, and requests f...

Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...Kellogg Square, LLC (“Kellogg”) is the owner of commercial real property located at 5555, 5575, 5585, and 5599 Hollister Avenue, Goleta, California. Plaintiff Bottiani Properties, LLC (“Bottiani”) is the owner of commercial real property located at 5551 and 5553 Hollister Avenue in Goleta. Plaintiff Waters Land Surveying, Inc. (“Waters”) is part owner of the commercial real property located at 5553 Hollister Avenue in Goleta. Defendan...

Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...

Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...

Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...