Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...

Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...

Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...

Excerpt: ..., California. The contaminant is perchlorethylene (“PCE”), a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. Plaintiff 220 W. Gutierrez, LLC, is the current owner of the property, having taken title to the property in 2016 pursuant to a Prospective Purchaser Agreement (“PPA”) with the California Department of Toxic Substance Control (“DTSC”). Plaintif...

Excerpt: ...for breach of sublease agreements, under which defendants subleased hangars at the Santa Barbara Airport. Plaintiff leased the hangars from the City of Santa Barbara under a master lease. MSC is scheduled for February 14, a pre-trial conference for March 11, and trial for March 16, 2020. Motion for Summary Judgment: Defendant FedEx moves for summary judgment on the ground that 1998 Ampersand Aviation, LLC, is not a party to the sublease and the c...

Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...

Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...

Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...

Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...

Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...

Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...

Excerpt: ...nd Nora Betz, co-trustees of the Lieber Family Revocable Trust. In their first amended complaint, plaintiffs allege: Plaintiffs and defendants are tenants in common of real property at 1367 Danielson Road in Santa Barbara. [FAC ¶4] On September 19, 2014, they entered into a written Co-Ownership Agreement (“COA”) setting forth their respective rights and duties. [FAC ¶5, Exhibit A] (Exhibit A is attached to the original complaint but not the...

Excerpt: ...39,876.84 to defendant Daniel Robert Sarena dba ECO Cast to purchase a 2008 International 4200 Diesel Flatbed Truck. The truck served as collateral for the loan. On February 1, 2019, defendant failed to make the payment then due on the loan. Currently, there is due and owing from defendant to plaintiff the principal sum of $9,969.21, plus interest. Pursuant to the terms of the loan and security agreement, plaintiff is entitled to immediate posses...

Excerpt: ...pportunity to attempt to correct these pleading defects, the Court will grant her leave to file an amended pleading. Any such amended pleading must be filed on or before November 6, 2019. Background: Plaintiff's operative Second Amended Complaint (SAC) alleges causes of action against defendant Inn of the Spanish Gardens, LLC, erroneously sued as Spanish Garden Inn (Inn), for negligence and intentional infliction of emotional distress. Those caus...

Excerpt: ...otion for a protective order and for establishment of deposition procedures and the court orders as follows: At all depositions in this case, only the deponent, the parties, the parties' counsel of record, and the court reporter and/or videographer shall be present. In no event may Eric Alan Cover be present at any deposition other than his own. For any deposition taken by telephone or other remote electronic means, all parties and their counsel ...

Excerpt: ... exiting Brick Barn's commercial establishment when “suddenly and without warning [he] fell down the exterior stairs to the parking lot,” causing serious injuries. Plaintiff contends Brick Barn, as owner, failed to maintain the premises in reasonably safe condition, failed to provide adequate lighting, otherwise failed to construct/maintain the exterior stairs in line with existing safety standards, and failed to warn of the danger the stairs...

Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...

Excerpt: ...ecords is not subject to judicial notice. (Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun v. Superior Court, 218 Cal.App.4th 577, 597, 160 Cal.Rptr.3d 285, 41 Media L. Rep. (BNA) 2492 (1st Dist. 2013).). Unfortunately the classic statement of this rule contains one significant exception: judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of...

Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...

Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...

Excerpt: ... have been waived, and will grant the motion directing compliance with business records subpoena. Background: Plaintiff George Merino (“Merino”) is the adult son of Barbara Sonia Adams (“Adams”) and the Successor Trustee to the Barbara S. Adams 2014 Revocable Trust. Adams passed away on September 19, 2014, at the age of 71. Plaintiff Lawrence T. Sorensen (“Sorensen”) is the Administrator of the Estate of Barbara S. Adams. Defendant Jo...

Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...

Excerpt: ... and shortness of breath, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Surgical Associates, Dign...

Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...

Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...