Excerpt: ...Self-represented Tentative Ruling: The hearing on the motion to determine prevailing party and to fix attorney fees and costs is continued to July 16, 2018, at 9:30 a.m. Petitioner is to serve this order on respondent and file proof of service no later than June 20, 2018. Any opposition to this motion shall be filed and served on or before July 2, 2018. Petitioner shall also file and serve a response as set forth herein on or before July 2, 2018....

Excerpt: ...thia Fuentes's motion to vacate dismissal in this case and for return of security deposit, statutory penalty, and damages on illegal unit, or alternatively to enforce settlement agreement pursuant to CCP § 664.6. This case is now a limited civil action. The parties shall file any amended pleadings or cross- claims on or before June 25, 2018. At the hearing on this motion, the court will set a case management conference. Background: This case was...

Excerpt: ... Further Responses to Form Interrogatories, Set One; (2) Defendant's Motion to Compel Plaintiff Eric P. Hvolboll to Provide Further Responses to Requests for Production, Set One; (3) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Form Interrogatories, Set One; and (4) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Requests for Production, Set One ATTORNEYS: ...

Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...

Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...

Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...

Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...

Excerpt: ...rds and plaintiffs' counsel's fees and costs is likewise denied without prejudice. BACKGROUND: This is a putative class action wage and hour case. Plaintiffs Rebecca Amador and Nicolas Lum worked for defendant SB Menus as pick-up and delivery drivers in and around the City and County of Santa Barbara. SB Menus is a franchisee of defendant OrderUp, Inc., which is owned by defendant GroupOn, Inc. The SB Menus website (“SBMenus.com”) allows cust...

Excerpt: ...S. Los Carneros Road in Goleta, he was burned by a dangerous and defective condition at the premises, consisting of hidden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general neg...

Excerpt: ...t for hearing on 6/12. However, the order filed on 6/4/18 sets the OSC sought by plaintiff Love Lambs for hearing on 6/19, NOT 6/12. ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for plaintiffs Love Lambs II, LLC and Cortney Fishkin Christopher E. Haskell / Ryan D. Zick of Price, Postel & Parma LLP for plaintiff Casa Blanca Beach Estates Owners' Association No appearance by defendants RULING: For the reasons articulated below, the hearing on ...

Excerpt: ...endants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic join. The Court orders plaintiff, Robert Eldon, to attend his deposition. Defendants have not specified a time and place for the deposition. The Court will address the time and place for the deposition at the hearing. Background: This action arises out of medical care provided to plaintiff, Robert Eldon, while he was an inmate at the Santa Barbara County Jail. Defendant...

Excerpt: ...efendant Sherie A. Taylor Randall J. Taylor, Defendant in Pro Per TENTATIVE RULING: The demurrer of defendant Sherie Taylor to plaintiff's third cause of action for breach of fiduciary duty is overruled. Defendant shall file and serve her answer to the first amended complaint on or before June 21, 2018. BACKGROUND: This action stems from a business dispute between plaintiff and her three siblings. Plaintiff Colleen Taylor and defendants Randall T...

Excerpt: ...fter his attorneys were allowed to withdraw Christopher E. Haskell / Cameron Goodman of Price, Postel & Parma LLP for Casa Blanca Beach Estates Owners' Association Mack S. Staton of Mullen & Henzell LLP for defendants Love Lambs II LLC, Courtney Fishkin, and Cal Fishkin TENTATIVE RULINGS: The motions are both granted. Background: This case involved a dispute over an easement and access over plaintiff Ravindra K. Pande's property at 871 Sand Point...

Excerpt: ...orneys: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sean D. Cowdrey, John Tullis, Beach Cowdrey Jenkins, LLP Tentative Ruling: (1) The motion of defendant Carpinteria Community Church to compel production of plaintiff Isabel C.'s records from CALM is granted in part and denied ...

Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...

Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...

Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...

Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...

Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...

Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...

Excerpt: ...itials only are used), a custody deputy with SBSO. On June 17, 2013, RK was involved in an incident at the Santa Barbara County Jail in which he and another custody deputy allegedly used excessive force against an inmate while escorting the inmate from his regular cell to a more secure cell. Following an investigation of the incident, SBSO terminated RK from his employment. RK appealed his termination to respondent Civil Service Commission for th...

Excerpt: ...prenatal care, and that defendants negligently failed to properly examine, care for, screen, or inform her of MS-AFP testing, or otherwise diagnose his Down Syndrome and give her the option of abortion. The action is currently scheduled for a Trial Confirmation Conference on June 13, 2018. When the parties exchanged expert witness information, defendants designated Marc Incerpi, M.D., a perinatologist, and Paul Weber, M.D., an OB/GYN, to testify ...

Excerpt: ...Landing MHP, LLC, and Waterhouse Management Corp. Plaintiffs' operative pleading, their first amended complaint (FAC), alleges that defendants have failed to provide and maintain conditions at the Park as legally required and that defendants have interfered with plaintiffs' rights in the Park. Defendants generally deny the allegations of the FAC and assert affirmative defenses to the claims of the FAC. The parties have engaged in substantial disc...

Excerpt: ...at it as a nonstatutory motion despite doubts that the nonstatutory motion survives the recent adoption of section 439. The Court denies the Motion. Background: On October 29, 2015, plaintiffs Bagdasarian Insurance Group and Christopher Bagdasarian filed their original complaint in this action against defendant E. & J. Gallo Winery (Gallo). Following multiple demurrers, plaintiffs filed their operative pleading, their third amended complaint on J...

Excerpt: ...Family Trust (the Trust). (Complaint, ¶ 2.) In that capacity, San Pasqual owns an undivided 90 percent interest in real property located at 1015 Laguna Street, Santa Barbara (the Property). (Complaint, ¶¶ 1-2.) San Pasqual's interest in the Property is as tenant in common with defendant Candis Houser, who owns the remaining undivided 10 percent interest. (Complaint, ¶ 3.) Houser has expressed unhappiness with the recent efforts of San Pasqual...