Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...

Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...

Excerpt: ...re the owner and manager of Nomad Village Mobile Home Park, a 150-space mobile home park located at 4326 Calle Real, Santa Barbara, California 93110. Defendants Arthur A. Allen, et al. (there are approximately 145 named defendants) are all homeowners who reside in the mobile home park. On December 18, 2017, plaintiffs filed their initial complaint in the action. Plaintiffs filed their first amended complaint on July 23, 2018, and their second ame...

Excerpt: ...g Hollister Avenue, related to the Ekwill-Fowler Project. It seeks prejudgment possession of the portions of the property, including fee, permanent flood control easement, temporary vegetation mitigation and monitoring easement, and temporary construction easement interests. The Newland defendants are the record owners of the real property, Parcel 071-090-036; defendant Verizon is the owner of an easement interest on the property. The City had ad...

Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...

Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...

Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...

Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...

Excerpt: ...ation against defendant Shalini Ananda. Plaintiff alleges: Plaintiff and defendant work in the field of health technology in different areas of specialization. They never worked for the same company and are not connected professionally or personally. They met on July 18, 2013, at Rock Health, a company that supports start-ups in health technology. [FAC ¶6] After some social media contacts, plaintiff blocked defendant. [FAC ¶¶7-9] Defendant sen...

Excerpt: ...mination will be denied. Counsel for the parties are required to appear in person or by telephone at the hearing of this motion. Background: On August 23, 2018, plaintiff Destiny Hitchcock filed her complaint in this action asserting causes of action arising out of claims that Hitchcock suffered carbon monoxide poisoning from a defective heater while a tenant at real property owned by defendant Sandra Castellino, individually and in her capacity ...

Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...

Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...

Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...

Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...

Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...

Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...

Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...

Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...

Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...

Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...

Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...

Excerpt: ...nant West Coast Private Investments, LLC Frederic T. Tanner / Steven A. Garcia of Nelson Griffin LLP for cross- defendant Laurence J. Bloom TENTATIVE RULING: The demurrer is ordered off calendar, based upon cross-defendant's failure to comply with the mandatory pre-demurrer requirements set forth in Code of Civil Procedure section 430.41. Cross-defendant is ordered to answer the cross- complaint no later than February 8, 2019. Background: This is...

Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...

Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...

Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...