Excerpt: ... for a motion to quash and for a protective order, following the issuance of three (3) subpoenas duces tecum by defendant served on Rabobank, asking for documents involving WUR, Inc., John Louderback, and Jacqueline Louderback. According to the relevant two subpoenas at issue, defendants seek five (5) categories of documents about the loan application, origination document, loan correspondence, etc. involving plaintiff's original Loan No. 08-2906...

Excerpt: ...: “According to the complaint, this case arises out of an October 20, 2015 car accident, with plaintiff alleging that defendant Shane Shields negligently operated a Honda Pilot owned by her parents Mark and Jody Shields, so as to cause a car accident with plaintiff. Ms. Shane Shields' presence at trial and availability to testify there is essential to the defense of this case. The principal defendant, Ms. Shane Shields, who was driving the car ...

Excerpt: ...RULING: Defendants' demurrer to plaintiff's first, second, third, fifth, and sixth causes of action for injunctive relief, declaratory relief, quiet title, and violations of the California Homeowners Bill of Rights is sustained without leave to amend. Defendants' demurrer to plaintiff's fourth cause of action for negligence is overruled. Defendant's motion to strike the punitive damages allegations in the complaint is granted without leave to ame...

Excerpt: ...led in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"). Defendant Rowles Holdings LLC is a California limited liability company ("LLC") and it owns, and has owned since August 2014, real property known as Parcel 2 of Parcel Map No. 14,267 ("Parcel 2"). Parcel 2 lies in between Parcel 3 and Alisos Canyon Road. Plaintiffs acquired Parcel 3 in March 2010, from Richard J. Nash and Susanna W. Nash, and at the time, Plaintiffs ...

Excerpt: ... demurrer to the second cause of action in the first amended complaint of plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., and sustains the demurrer to the third cause of action without leave to amend. Defendants Sedlin and Fiore Management, L.L.C., dba Canndescent, shall file their answer to the remaining portions of the first amended complaint on or before August 9, 2018. Background: In their First Amended Complaint, plaintiffs Canndescent...

Excerpt: ...C: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: The motion of defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D., for judgment on the pleadings is granted, with leave to amend, as to all causes of action brought by plaintiff ART Reproductive Center, Inc. Plainti...

Excerpt: ... Bobby Saadian, Colin M. Jones, Jonathan C. Teller, Wilshire Law Firm For Defendant Community Solutions, Inc.: Thomas E. Beach, Darryl C. Hottinger, Paul D. Singer, Beach Cowdrey Jenkins, LLP For Defendant Stalwart Clean and Sober, Inc.: Samuel A. Wyman, Jack H. Snyder, Wolfe & Wyman LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Community Solutions, Inc., is sustained, with leave to amend, as to all causes of a...

Excerpt: ...acts sufficient to support the cause of action. The parties have complied with the meet and confer requirements of Code of Civil Procedure section 430.41, although the declaration in support reveals continuing hostility between the parties. Intentional interference with prospective economic advantage requires plaintiff to prove the following elements: 1) plaintiff and a third party were in an economic relationship that probably would have resulte...

Excerpt: ...intiffs allege: On August 7, 2015, at approximately 5:42 p.m., in County of La Paz, State of Arizona, Elizabeth was driving a 2002 Ford Explorer manufactured by Ford Motor Company, in which Amirani and Hiromi were passengers, when a Michelin tire failed, causing the vehicle to veer left “as a result of dynamic oversteer resulting from the directional and lateral instability of the vehicle.” The vehicle rolled over. The Michelin tire was purch...

Excerpt: ... also a defendant. The balance of legal fees is allegedly $311,240.53, plus interest at the legal rate from December 15, 2016, until paid. The causes of action are breach of contract, enforcement of attorney lien (on 100% of contracts held to be Cora's separate property), and “fraud and punitive damages.” On June 8, 2018, the court entered the default of defendant Cat Cora, Inc., whose motion to set aside default is set for hearing on August ...

Excerpt: ..., Jr., each agreed to represent Gianelli in a lawsuit filed in the United States District Court for the Eastern District of California on September 23, 2013. (Complaint, attachment 1, ¶ 19.) “Defendants failed to prepare, file and serve proper pleadings essential to the presentation of the case, warn of the duty to and to preserve evidence, conduct factual investigations, conduct discovery, compel discovery, consult and/or retain expert witnes...

Excerpt: ...ated at 3536 Los Pinos Drive, Santa Barbara (the Property). (First Amended Petition [FAP], ¶¶ 6, 7.) The Property is within a single-family residential zone and has one single-family residence. (FAP, ¶ 6.) On September 5, 2017, petitioners submitted an application (the Application) to create an accessory dwelling unit (ADU) within the existing space at the Property. (FAP, ¶ 2.) The Application met all conditions of respondent City of Santa Ba...

Excerpt: ... Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on December 1, 201...

Excerpt: ...rom the medical care and treatment provided by defendants to plaintiff's decedent, Jack Ceder. A jury trial resulted in a defense verdict in favor of defendant Rebecca A. Rosen, M.D., among other defendants. Defendant Rosen submitted a Memorandum of Costs in which she sought $47,085.44 in costs. This amount included $29,871.00 in expert witness fees, claimed because Dr. Rosen's January 15, 2016 settlement offer in the amount of $10,000, made purs...

Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...

Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...

Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...

Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...

Excerpt: ...tive record will be filed with the Court and an appropriate briefing schedule for the disposition of the merits of the writ petition. Analysis: The administrative writ petition was filed on July 3, 2018. On July 10 (one week after filing), petitioner James Doub filed an ex parte application to stay the DMV's suspension of Doub's vehicle license. The ex parte application was opposed by the DMV. The ex parte application was heard on July 11. The Co...

Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...

Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...

Excerpt: ...ons against Health Net in the sum of $1,575.00, which shall be paid within ten days of the date of this order. BACKGROUND: This is an action for personal injuries arising out of a trip and fall incident that occurred on August 5, 2016 at Dock A at Lake Cachuma in Santa Barbara County. Plaintiff Rebeca Ziemniak alleges that she was walking on the dock when she fell into an open hatch or access portal and sustained serious injuries. Plaintiff alleg...

Excerpt: ...00 mortgage loan from Washington Mutual Bank, F.A., which was memorialized by a note and secured by a deed of trust on real property located at 1200 Palomino Road, Santa Barbara, California 93105. (RJN, Ex. 2.) The note and deed of trust were subsequently assigned to plaintiff LPP Mortgage, Inc. fka LPP Mortgage, Ltd. (“LPP”). (RJN, Exs. 2, 3.) In 2011, Gates defaulted on his loan payments and LPP initiated nonjudicial foreclosure proceedings...

Excerpt: ...e their second amended complaint on or before July 23, 2018. (2) For the reasons set forth herein, the motion of defendants Skip Abed and Blue Water Boating, Inc., to strike portions of the first amended complaint is denied. (3) For the reasons set forth herein, the alternative motion of defendants Skip Abed and Blue Water Boating, Inc., to stay this action is denied. Background: As alleged in the first amended complaint (FAC): Defendant City of ...

Excerpt: ...nsel are to review the documents and, for each responsive document received, either produce the document to defendants' counsel (in whole or as redacted) or produce a detailed privilege log as to all documents (or parts thereof) not produced sufficient for the parties to the discuss the need or usefulness of the document (or redacted part thereof) to the issues in this case and the privacy interests of the document (or redacted part thereof). All...