Excerpt: ...urt's review of the motion work, coupled with the new schedule for motions and the site visit confirmed at the July 27, 2018 chambers conference (as reflected in the minute order), the court continues both summary adjudication motions to November 6, 2018, with the court trial date now scheduled for January 7, 2019. The reasons for this course of action are multifaceted. Initially, the court observes that the summary adjudication motions were file...

Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...

Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...

Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...

Excerpt: ...nifer M. Miller (Nye, Peabody, et al.) For Defendants Schulman and Triathlon Club: Steven B. SToltman, eta l. (Stoltman, Levitt, et al. – Thousand Oaks) Tentative Ruling: The court grants defendant Regents of the University of California's Motion for an Order Authorizing the Production of Student Identifying Information Subject to Protective Order. The court orders that Regents of the University of California shall disclose the identity of the ...

Excerpt: ...red into a written commercial lease agreement with defendants Sophan Thai and Roy Walker for premises located at 1013 State Street, Santa Barbara, California 93101. The intended use of the premises was as a beauty salon. The tenancy was for five years and the agreed upon rent was $7,400.00 per month, payable on the first of the month. Defendants frequently failed to pay the rent on time, or at all, and on March 14, 2018, plaintiff personally serv...

Excerpt: ...red and Revised as of 2/5/18 and orders petitioner John Doe reinstated at the University of California, Santa Barbara, effective Fall Quarter of the 2018-2019 academic year. Respondent shall facilitate Doe's enrollment and scheduling of classes. Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accus...

Excerpt: ... issues set forth herein together with this order and notice of continuance of the hearing on the order to show cause. Judgment debtor shall file and serve any opposition or response papers on or before August 24, 2018. Background: On May 2, 2005, plaintiff and judgment creditor Douglas J. Crawford obtained a judgment by default against defendant and judgment debtor Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgm...

Excerpt: ...t against defendant Unico American Corporation for aiding and abetting tortious conduct and denies the motion in all other respects. 2. The court denies defendants Crusader Insurance Company and Unico American Corporation's motion for sanctions. Background and Second Amended Complaint (“SAC”): This action arises from a fire which occurred on July 7, 2011, at plaintiff David Gerrity's property. At the time, plaintiff's property was covered by ...

Excerpt: ...t awards attorney fees and costs in favor of plaintiff Jacqueline Misho and against attorney David Friedman and Friedman & Friedman in the amount of $511.00, to be paid to counsel for plaintiff on or before August 24, 2018. Background: On April 6, 2018, plaintiff Jacqueline Misho dba Misho Law Group (Misho) filed her complaint in this action against defendants Catherine Ann (“Cat”) Cora (Cora) and Cat Cora, Inc. (CCI). Proof of service on bot...

Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...

Excerpt: ...nd presently owes $6,001.45, plus costs and fees. A 13-page customer agreement is attached to the complaint. On February 22, 2018, defendant filed an answer on standard Judicial Council forms. She did not provide a general denial or any affirmative defenses. Instead, under the item 3(b), she checked the following box: “Defendant admits that all of the statements of the complaint . . . are true EXCEPT:” She identifies nothing false in plaintif...

Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...

Excerpt: ...fter February 27, 2015, owing $1,433.60. Arganda was served with the summons and complaint on April 20, 2017, by substituted service. Before an answer was filed, plaintiff filed a “Notice of Settlement of Entire Case” on July 13, 2017. The complaint has not been voluntary withdrawn or dismissed (and thus remains operative). On June 27, 2018, plaintiff filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure se...

Excerpt: ...otion of Defendants Westen Family Group LLC and Derek Westen for Leave to File First Amended Answer Attorneys: For Plaintiffs Nicole Nagel and ESY Investments, LLC: Paul J. Laurin, Matthew B. O'Hanlon, Jonathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Roge...

Excerpt: ... ¶ 8.) RPP accepted credit and debit cards from customers who made and make purchases at its restaurants. (Complaint, ¶ 9.) On September 30, 2017, plaintiff Douglas May used a credit card to make purchases at a RPP pizza restaurant. (Complaint, ¶ 10.) The expiration date of May's credit card was printed on the receipts generated and provided to May by RPP at the point of sale. (Complaint, ¶ 10.) RPP has printed the expiration dates of credit ...

Excerpt: ...ublic, and all others similarly situated, a complaint for violation of California consumer protection statutes (Civil Code §§ 1749.5 and 1750; B&P Code ¶ 17200) and for declaratory relief against defendant Aveda Experience Centers, Inc. (“Aveda”). Plaintiff alleges: She had a gift card issued by Aveda. After using the card, the balance was less than $10.00. Aveda denied plaintiff the cash balance in violation of Civil Code § 1749.5(b)(2)....

Excerpt: ... BACKGROUND: In this action, plaintiff Buynak, Fauver, Archbald & Spray, LLP (“BFAS”) seeks to recover legal fees allegedly owed by defendants Richard Laver and Michelle Laver (“Lavers”) and their company, defendant Kate Farms, Inc. (“Kate Farms”), for legal services provided in connection with various business matters. The operative complaint is plaintiff's Second Amended Complaint (“SAC”), filed on November 30, 2017. After a suc...

Excerpt: ...ret and other confidential commercial information only. Counsel shall comply with CRC 3.1312 in serving and submitting the proposed order. 2. The court grants, in part, plaintiff Maribel Barrios's motion to compel further verified responses from defendant Gerber Funes Solorzano to Form Interrogatories, Set One, and orders that defendant Gerber Funes Solorzano shall, on or before August 13, 2018, provide further responses to Form Interrogatories 2...

Excerpt: ...and the remaining balance within 5 months. If the total balance was not paid by 1/23/17, liquidated damages of $3,000 was to be added to the balance. Defendant apparently made some payments, but failed to pay the remaining $16,000 on the sales price. The complaint sought that $16,000, plus the $3,000 in liquidated damages, for total damages of $19,000. The complaint also sought punitive damages. The summons and complaint were personally served on...

Excerpt: ...aintiffs shall file and serve their second amended complaint on or before August 31, 2018. (See Code Civ. Proc., § 438, subd. (h)(2) [30 days leave to amend].) Background: As alleged in the first amended complaint (FAC): Plaintiff George Merino is the successor trustee of the Barbara S. Adams 2014 Revocable Trust (Trust) and sole residuary beneficiary of the Estate of Barbara S. Adams. (FAC, ¶ 1.) Plaintiff Lawrence T. Sorensen is the court- ap...

Excerpt: ...8, alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) money had and received, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) conversion, and (7) declaratory relief. Plaintiff Anthony Frank (Frank) alleges that on October 14, 2010, he and defendant Edward St. George (St. George) entered into three written agreements relating to property at 3201 Braemar Drive,...

Excerpt: ...lor Living Trust dated July 26, 1995 Francis J. Cunningham for defendant West Coast Private Investments, LLC Edward T. Weber for defendant Rush My File, Inc. Robert Houston, Jr., defendant in pro per Linda Lukas, defendant in pro per Any Kind Loan Funding, Inc ., defendant not represented TENTATIVE RULING: Defendant West Coast's motion for leave to depose defendant Robert Houston while he is in custody in the Orange County Jail is granted. Plaint...

Excerpt: ...nt/Cross-Defendant HMBL: Paul C. Kwong (Mavredakis Cranert – Pasadena) For Cross-Defendant/Cross-Complainant Presbytery and Synod: Robert W. Brockman, Jr. (Daley & Heft – Solana Beach) Tentative Ruling: 1. The court denies plaintiff Katelyn Geary's motion to consolidate cases for all purposes, including trial. 2. The court grants the motion of cross-defendant HMBL, LLC, dba Holiday Inn Express Carpinteria (erroneously sued as HMBL, a limited ...

Excerpt: ...David C. Hinshaw for plaintiffs and cross-defendants Norman Salter and Spectra America, LLC and cross-defendant Focus Builders, Inc. Katie C. Brach for defendants and cross-complainants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, James Lassetter, and American Contractors Indemnity Company Gregg A. Martin for defendants, cross-complainants, and cross-defendants Martin Newton and Point III Holdings, Inc. Bruce M. Lorman for cro...