Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...

Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...

Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...

Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...

Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...

Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...

Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...

Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...

Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...

Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...

Excerpt: ...; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitration, ruling the enforcement of Defendant's arbitration ...

Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....

Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...

Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...

Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...

Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...

Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...

Excerpt: ...Yocca Carlson & Rauth, APC for defendants TENTATIVE RULING: The motion for preliminary approval of class action settlement, and for approval of PAGA settlement, is granted. Background: This is a wage and hour action, filed March 24, 2021, in which plaintiff's original complaint alleged causes of action for (1) failure to pay minimum wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and ...

Excerpt: ...asquez, Law Office of Cristi Michelon Vasquez For Defendant Linda Cathleen Dav Duntlev: No Appearance TENTATIVE RULING: 1. The General and Special demurrer of Defendant Smitty's Towing to Plaintiff's Complaint is overruled in its entirety. 2. Defendant Smitty's Towing shall file and serve its Answer to Plaintiff's Complaint on or before March 24. 2022. 3. Smitty's Towing shall also provide notice of this ruling to Plaintiff at all known addresses...

Excerpt: ...n. (Administrative Record [AR] 14.) Bly was monitoring vehicular traffic on El Colegio Road near the UCSB Student Health Building. (Ibid.) As parked, Bly had a clear view of both eastbound and westbound traffic along this stretch of El Colegio Road. (Ibid.) At that time, Sergeant Bly observed a silver Mercedes sedan with tinted windows traveling at a high rate of speed, estimated by Bly to be 60 m.p.h. as it rapidly accelerated past another vehic...

Excerpt: ...e pleading is plaintiffs' third amended complaint (“TAC”), filed on February 4, 2021, for (1) quiet title to express easement and rights of use granted by recorded instrument, (2) quiet title to all water flowing from the subject spring, (3) quiet title to fixtures, (4) declaratory relief, (5) injunctive relief, (6) conversion of personal property, (7) breach of contract, (8) prescriptive easement, (9) equitable easement, and (10) implied eas...

Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...

Excerpt: ...cas only); 2) negligent (all defendants); 3) negligent infliction of emotional distress –direct victim (all defendants); 4) negligence (all defendants); 5, 6, and 7) negligent infliction of emotional distress – bystander; and 8) negligent hiring (Orcutt Burgers and Zafiris only). On November 8, 2019, Christopher Clayton, while in Orcutt Burgers on Clark Ave., was falsely accused by defendants of possessing, carrying, concealing, and/or brandi...

Excerpt: ... (collectively, defendants) for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud/deceit, negligent misrepresentation, conspiracy to defraud, breach of fiduciary duty, and violations of Business and Professions Code section 17200, et seq. Briefly, plaintiff alleges that defendants, who agreed to invest in renovations necessary for the occupancy at 921 W. Laurel Ave., Lompoc, had in reality “no intentions o...

Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...

Excerpt: ...TATIVE RULING: The petition will be granted. Background: This action arises from an automobile accident which occurred on April 27, 2018 on the US 101 northbound, 400 feet north of Los Positas Road, in Santa Barbara. According to the complaint, filed September 23, 2019, defendant Alma Medina negligently operated a vehicle owned by Edgar Fulbright, in a manner which caused injury to plaintiffs Rodney Nall and Teri Nall. In addition to Motor Vehicl...

Excerpt: ...cca Carlson & Rauth, APC for defendants TENTATIVE RULING: The hearing on this matter is continued for one week, to March 14, 2022. As explained below, while the motion seeks approval of a proposed class notice to be provided to the absent class members, that notice was not included in any documents filed with the Court. Based upon the other information before the Court, it intends to grant preliminary approval of the class settlement, and approva...

Excerpt: ...mes Allen Carr and Cross-Defendant Barbara J. Thurman Monica M. Robles for Defendant and Cross-Complainant Rikardo Gonzalez TENTATIVE RULING: The demurrer of defendant Rikardo Gonzalez to plaintiff James Allen Carr's first cause of action for breach of contract is overruled. The demurrer of defendant to plaintiff's second cause of action for fraud by concealment is sustained without leave to amend. The motion of defendant to strike plaintiff's cl...

Excerpt: ...§ 226.7); (3) rest break violations (Labor Code § 226.7); (4) waiting time penalties (Labor Code § 203); (5) unreimbursed mileage (Labor Code §§ 221, 2802); (6) wage statement violations (Labor Code § 226(a)); (7) violation of Labor Code § 204; and (8) unfair business practices. After defendant filed a petition to compel arbitration and motion to stay litigation, plaintiffs filed a first amended complaint adding a ninth cause of action for...

Excerpt: ...is fourth amended complaint on or before March 21, 2022. Leave to amend is limited to amendments to the causes of action to which the court sustains the demurrer; to the extent plaintiff seeks to add any additional causes of action, plaintiff must make a noticed motion seeking leave to amend as provided in California Rules of Court, rule 3.1324. Background: As alleged in plaintiff Robert Stiglmier's third amended complaint (TAC): On October 20, 2...

Excerpt: ...l landlord/management company. Plaintiff Grant Beall is a former tenant in a house located at 6606 Del Playa, Isla Vista, California (the “Premises”). The Premises is owned and managed by defendant Ronald Wolfe & Associates, Incorporated dba Wolfe & Associates Property Services. Plaintiff resided at the Premises pursuant to a written lease agreement with defendant, but was later served with a notice of termination of tenancy. Plaintiff allege...

Excerpt: ... she saw a microwave lying in the roadway directly in front of her. Donaldson slammed on her brakes and was rear ended by a tractor-trailer driven by Funyas Masih and owned by petitioner NSP Transportation, Inc. (“NSP”). It is believed that the owner of the truck from which the microwave fell is Tori Anne Thornburgh (“Thornburgh”). Richard A. Marks (“Marks”) witnessed the collision and provided a statement to the California Highway Pa...

Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...

Excerpt: ...ross-Defendant The Las Canoas Company dba Construction Plumbing; Motion for Summary Adjudication of Cross- Defendant Creston Electronics, Inc. ATTORNEYS: Barton C. Merrill for Plaintiff McCoy Electric Corporation Richard H. Gluckman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stewart Rubin Gabriel Z. Reynoso for Cross-Defendant Monterey Ener...

Excerpt: ...ld of Siege Law PC for defendant TENTATIVE RULING: The motion to quash is denied; defendant's time to file his responsive pleading is extended, by operation of law, until 15 days after service of notice that this motion to quash has been denied. Background: Plaintiff's verified complaint to quiet title, for cancellation of instruments, and for fraud, was filed on December 27, 2021. The complaint alleges that defendant is a nominal owner of two pr...

Excerpt: ...poena for Production of Documents in Action Pending Outside California ATTORNEYS: For Petitioner R.L. Mlazgar Associates, Inc.: Michelle R. Generaux, Devin E. Murtaugh, Murtaugh Treglia Stern & Deily LLP For Respondent-Deponent BEGA North America, Inc.: Rafael Gonzalez, Daniella R. Scoscia-Regencia, Sean Stratford-Jones, Mullen & Henzell L.L.P. TENTATIVE RULING: The petition of R.L. Mlazgar Associates, Inc., to compel compliance with a subpoena f...

Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...

Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...

Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...

Excerpt: ...,000. Plaintiff landlords served a sixty-day notice of termination of tenancy upon defendant tenants. The notice was personally served upon defendant Martha A. Toledo-Aguilar on July 15, 2021, and substitute served upon defendants Jesus Rodriguez-Santa Cruz and Nayely Rodriguez-Toledo, through such service on Martha A. Toledo-Aguilar. The notice set forth the basis of the termination as plaintiff's intent to have the premises occupied by their ch...

Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...

Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...

Excerpt: ...emy Rubin and his agent Eduardo Robles Correa purchased the property as Premier Real Estate Investments, LLC and “flipped” it for a quick profit. In fact, Robles advised plaintiffs to retain his colleague Vivian La Fuente as their agent in order to proceed with the contract. Once plaintiffs “took control” of the property, they discovered that it was infested with mold. They allege that defendants actively concealed this condition in order...

Excerpt: ...ire Wiswall, PA-C (“Wiswall”). As alleged in the complaint, plaintiff consulted Wiswall of Santa Barbara Skin Care for dermatological care and removal of a mole on her nose. Wiswall advised plaintiff that her mole could not be reduced or removed through laser treatments and referred plaintiff to Sheffield, a dermatologist and surgeon, also with Santa Barbara Skin Care. Thereafter, Sheffield performed two surgeries on plaintiff's nose, the fir...

Excerpt: ...ipuedes, Santa Barbara, California. Both buildings are Quonset structures, which are lightweight prefabricated structures of corrugated galvanized steel with semi-circular cross-sections. On February 17, 2015, plaintiff entered into a written agreement with defendant Burke Advisors, Inc., dba Burke Construction Advisors (“Burke Construction”), a licensed general contractor, for work on the exterior of the buildings, including installing new c...

Excerpt: ..., 2022, to March 18, 2022, to permit defendants an opportunity to evaluate whether they wish to proceed with the motion in its current form, or to withdraw it and potentially file a new motion to reflect the current posture of the case. If defendants determine that they will go forward on that date with the motion in its current form, they must advise plaintiff of that fact no later than Monday, February 28, 2022, in order for plaintiff to have s...

Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...

Excerpt: ... on Cross-Complaint RULING The motion of Champlin/GEI Wind Holdings, LLC for summary judgment or alternatively summary adjudication on its complaint is granted in part and denied in part. Summary adjudication is granted on its second cause of action for declaratory relief but denied on its first and third causes of action for breach of contract and for preliminary and permanent injunctions. The motion of Champlin/GEI Wind Holdings, LLC for summar...

Excerpt: ... Defendant Preferred Bank: Michael E. Bubman, Scott H. Noskin, Mirman, Bubman & Nahmias, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] HEARING (1) Demurrer of Defendant to Complaint (2) Motion of Defendant to Strike Portions of Complaint RULING (1) For the reasons set forth herein, the...

Excerpt: ...area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escr...

Excerpt: ...plaint RULING (1) For the reasons set forth herein, the demurrer of defendants Shoreline Farms LLC and Aviana Kjos to the first amended complaint of plaintiff David Matthew Kilrain is sustained with leave to amend. Plaintiff Kilrain shall file and serve his second amended complaint on or before March 2, 2022. (2) Because the demurrer is sustained, the motion of defendants to strike portions of the first amended complaint is moot and is ordered of...

Excerpt: ...tt Jedrzek for Defendant Delta Psi Chapter of Delta Tau Delta TENTATIVE RULING: The motion of defendant Delta Tau Delta, a National Fraternity, for an order striking the punitive damage claims alleged against it, is granted as to the moving defendant only without leave to amend. BACKGROUND: This is a dog bite case. Plaintiff is Marlena Hughes. Defendants are Delta Tau Delta, a National Fraternity, Delta Psi Chapter of Delta Tau Delta, and various...

Excerpt: ...Insurance Services, Inc. to compel plaintiff to provide further responses to Form Interrogatories, set two, and for sanctions ATTORNEYS: Patrick A. Hennessey / Anish J. Banker / Joseph A. Schwar of Palmieri, Hennessey & Leifer, LLP for plaintiffs Jeffrey A. Charlston / Stephen P. Soskin of Charlston, Revich Harris & Hoffman, LLP for defendant HUB International Insurance Services, Inc. Carl L. Grumer of Manatt Phelps & Phillips LLP for defendant B...

Excerpt: ..., Inc. ATTORNEYS: For Defendant, Cross-Complainant, and Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Messner Reeves LLP For Defendant, Cross-Complainant, and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K. Lackey, Ruzan Stepanyan, Hamrick & Evans, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant John Kenny Construction, Inc., for summary adjudication of the cross- comp...

Excerpt: ...ichment is overruled. Plaintiff's demurrer to defendant's third and tenth causes of action for negligence and equitable indemnity is sustained without leave to amend. Plaintiff shall file and serve her answer to defendant's first amended cross-complaint or before February 14, 2022. BACKGROUND: This is an action for partition by sale of real property. Plaintiff is Alison E. Chase. Defendants are Brian M. Metcalf and Pentagon Federal Credit Union. ...

Excerpt: ...ocedure section 399. Background: Plaintiffs Craig Jenkins (Jenkins) and BC Entertainment, Inc. (BDC) filed this action on September 14, 2020, against defendants Fornati Kumeh (Kumeh), Results May Vary, LLC (RMV), and ENT Legends Concerts, LLC (ENT). It alleges that this court is the proper court because a defendant entered into the contract here, and the contract was to be performed here. The complaint alleges causes of action for breach of contr...

Excerpt: ...f defendant Stargate Ranch, LLC to plaintiff's fourth, fifth, sixth, and seventh causes of action against Ranch for strict products liability – design defect, strict products liability – failure to warn, negligent failure to recall, and intentional failure to recall is sustained without leave to amend. Defendant's motion to strike the claims for punitive damages against Ranch is sustained without leave to amend. Should plaintiff later discove...

Excerpt: ...evidence. (Brehm Communities v. Superior Court (2001) 88 Cal.App.4th 730, 735.) Nevertheless, the moving party was required to file a declaration with the demurrer attesting to the fact that the meet and confer process was completed. (Code Civ. Proc., § 430.41, subd. (a)(3).) No such declaration was filed here. That is sufficient evidence that the meet and confer did not take place. Trial courts are not required to ignore defects in the statutor...

Excerpt: ...required for this hearing on the petition to release the recorded claim of mechanics lien of respondent Joel's Roofing and Rain Gutter Co., Inc. For the reasons set forth herein, unless respondent Joel's Roofing appears and presents evidence, the Court will grant the petition for the order releasing the lien. Background Petitioner Mark Cox requested that respondent Joel's Roofing and Rain Gutter Co., Inc. (Joel's Roofing) furnish labor and materi...

Excerpt: ...igenfeld of Seige Law PC for plaintiff Jaime Cazares, Jr. Eric A. Woosley of Law Office of Eric A. Woosley, and Alexander Lambrous of Legal Aid Foundation of Santa Barbara County, for defendant Martin Cazares TENTATIVE RULING:The motion will be granted, and the default and default judgment will be set aside. Defendant Martin Cazares is directed to file his answer to the complaint on or before February 7, 2022. Procedural Background: This unlawful...

Excerpt: ...laintiff McCoy Electric Corporation Richard H. Gluckman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stewart Rubin Gabriel Z. Reynoso for Cross-Defendant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant Creston Electronics, Inc. Daniel Eric Engel for Cross-Defendant The Las Canoas Company dba Construction Plumbing Kenneth O. T...

Excerpt: ...ING: Defendants' motion for attorney's fees and costs is granted. Defendants are awarded fees of $2,085.00 and costs of $236.90. BACKGROUND: This action arises out of a business venture. Plaintiff is Luis Fernandez (“Fernandez”). Defendants are James A. Carr (“Carr”) and Punta Gorda 1317, LLC (“Punta Gorda”). As alleged in the complaint, in 2017, Fernandez and Carr orally formed a joint venture to locate and purchase real property, ac...

Excerpt: ...nut Park Associates, Joan Elaine Spath, and Renee Spath to Complaint of Plaintiffs John Marinello and Richard Marinello (3) Motion of Defendants Walnut Park Associates, Joan Elaine Spath, and Renee Spath to Strike Portions of Complaint of Plaintiffs John Marinello and Richard Marinello ATTORNEYS: For Plaintiff Shelley Marinello (case No. 19CV04287) and John Marinello and Richard Marinello (case No. 21CV01819): M. Jude Egan, Amber Simmons, Eagan L...

Excerpt: ...nce, totaling 462,473 Swedish Crowns. At some point in time, she is alleged to have stopped making payments on the loans. On December 24, 2020, the Kingdom of Sweden, on behalf of the Swedish Board of Student Finance, filed the current action, alleging causes of action for breach of contract and common count for money lent. The complaint alleges that Tornqvist repaid only 45,476 Swedish Crowns. As of October 29, 2020, Tornqvist owed the sum of 88...

Excerpt: ...,” in the principal amount of $237,673.42, inclusive of prejudgment interest. Plaintiff shall submit a judgment to be entered by the court consistent with this ruling. Background: On March 1, 2019, defendantSon Van Duong, an individual doing business under the fictitious business name “Golden Nails and Spa,” and plaintiff Levon Investments, LLC (Levon) entered into a written Shopping Center Lease (Lease) for the premises located at 904 Ranc...

Excerpt: ...ded complaint is granted in part and denied in part. The motion is granted, without leave to amend but without prejudice to later motions as set forth herein, to strike the prayers for punitive damages and for attorney fees (SAC, prayer, 2d cause of action, ¶¶ 4, 5) to the extent such prayers apply to defendant Hickerson. In all other respects, the motion is denied. (3) For the reasons set forth herein, the motion of defendant Derrick John Thom...

Excerpt: ...t struggled with whether to allow her an opportunity to cure many of the defects identified [in the body of the order], particularly with regard to those causes of action in which the statute of limitations bar appeared from the face of the complaint, and also with regard to any claim predicated on adverse possession. After some consideration, however, the court, with one exception, will sustain the demurrer with leave to amend as to the first, s...

Excerpt: ...demurrer as to the first and second causes of action, with leave to amend. While the motion to strike was moot, the court nevertheless indicated in its ruling that it would have granted the motion to strike all references to punitive damages. Plaintiff, continuing in propria persona, filed a document entitled “Amendments to First and Second Causes of Action as to the Demurrer and Motion to Strike . . . .” She again advances a negligent and in...

Excerpt: ... of defendant Youn g Brothers Construction Compan y to compel further respo n Production of Documents, Set One, is denied. Plaintiff is awarded monetar y sanction of $1 BACKGROUND This action arises out of a remodeling project. Plaintiff is KHP IV Santa Barbara, LLC. Defend a Company. On September 13, 2019, plaintiff, as owner, entered into a written contract with defe n work, labor, and materials in connection with the remodel of the Hyatt Mar M...

Excerpt: ...round This is a subrogation action, which arose out of a motor vehicle accident between defendant Sotero and plaintiff's insured. According to the complaint, plaintiff paid it's insured the amount of $15,884.94 for collision damage. It filed its complaint in subrogation on September 1, 2020, seeking to recover that amount from defendant Sotero. Plaintiff was unable to locate defendant Sotero after extensive attempts, including hiring a private in...

Excerpt: ...c. et al. Case No. 20CV01587 (Judge Sterne) Hearing Date: January 24, 2022 Tentative Ruling: This is essentially an unfair business practices suit. Plaintiff generally alleles that he was subjected to disparate care because he was a Medi-Cal patient. Before the Court this day are four discovery motions filed by plaintiffs, seeking further responses to discovery. Civil Discovery Overview The basic purpose of discovery is to take the “game” ele...

Excerpt: ...William D. Ausman / Gregory E. Martin of 805 Law Group, Inc. for plaintiff Linda Boicourt Tom Shapiro of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: For the reasons articulated below: (1) The motion for leave to take a second deposition of plaintiff is granted. (2) The motion to compel City to provide responses to Request for Admissions Nos. 36-49 is denied. However, Nos. 36-49 and the attorney declaration previou...

Excerpt: ...ent Pursuant to Terms of Signed Settlement ATTORNEYS: Callie Kim, Deputy County Counsel, for Plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer Susan Marie Whalen for Defendant California Asphalt Production, Inc. TENTATIVE RULING: The motion for entry of judgment of plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer, is denied wit...

Excerpt: ...rk, et al., v. Golomb, et al., case No. 17CV00966 (the Negligence Action), filed on March 6, 2017. In the Negligence Action, plaintiffs Matthew and Erin Quirk allege that Matthew Quirk was walking on the sidewalk in front of Trader Joe's market when a Toyota vehicle operated by defendant Berl Golumb struck him, taking him crashing through the glass front doors to the interior of the market. (Negligence Action Complaint, ¶ 11.) The Quirks further...

Excerpt: ...lizabeth Orr was driving directly behind the Vaughn vehicle. The Orr vehicle allegedly impacted with the Vaughn vehicle which, in turn, impacted with plaintiff's vehicle. Plaintiff filed his complaint on July 28, 2020, naming as defendants the operators and owners of the adverse vehicles. The Vaughn defendants were dismissed, without prejudice, on November 9, 2020. In the aftermath of the accident, plaintiff has undergone surgeries to the lumbar ...

Excerpt: ...ce and breach of fiduciary duty. Plaintiffs are Tony Huang, G25 Ventures LLC, and ST Management LLC (together, “Plaintiffs”). Defendants are Peter Candy and the law firm of Hollister & Brace, APC (together, “Defendants”). In August 2017, following passage of the California Medical Marijuana Regulation and Safety Act (the “Act”), Plaintiffs started cultivating medical marijuana on real property they leased at 5892 Via Real, Carpinteria...

Excerpt: ...d: (1) failure to pay all overtime and double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitra...

Excerpt: ... Defendant takes issue with supplemental responses to Form Interrogatories Series 8, but those are not expressly set out in the Notice of Motion or the Separate Statement as being subject to this motion. There is also reference to a “Supplemental RPD” but that too is not clearly framed by the Notice or the Separate Statement. The basic purpose of discovery is to take the “game” element out of trial preparation by enabling parties to obtai...

Excerpt: ...ndants. Within the premises liability cause of action, plaintiff alleged: "Defendants and DOES 1 TO 50 owned and/or controlled certain real property located at 5088 Rhoads Ave., Santa Barbara, CA. Defendants owed Plaintiff a duty to maintain their property in a safe condition, and to abate the same and/or warn the public. Defendants breached said duties by maintaining their walkway in an unsafe condition, posing a significant trip hazard. Plainti...

Excerpt: ...rike portions of plaintiff's first amended complaint is denied. BACKGROUND: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) in Goleta, California, a 42-acre site that had been used as an oil pipeline terminal and petroleum processing facility. In 2015, the owner of the property was ordered to remediate all contamination at the site and retained defendants AECOM, Inc. and A...

Excerpt: ... Class Action Settlement RULING Plaintiff's motion for final approval of class action settlement is granted as set forth herein. BACKGROUND This is a class action wage and hour lawsuit. By this motion, plaintiff David Andrade, on behalf of himself and all similarly situated current and former employees, seeks final approval of the proposed settlement with defendant General Dynamics Mission Systems, Inc., a company that designs and manufactures co...

Excerpt: ...ing a skull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in...

Excerpt: ...elow, the Court will deny the motion to strike at this time. Background In September, 2021, this Court denied plaintiff's motion for class certification, related to her cla i Company, had violated Labor Code sections 201-203 in issuing she and members of the putativ e which could—but would not necessarily—cause the user to incur fees, without obtaining their w its understanding of the facts, arguments, evidence, or its analysis of the certifi...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue GWD's request to file a FAC Ruling The request to file the FAC is GRANTED. File the FAC forthwith. Analysis GWD has moved for leave to file a FAC. GWD represents that they are seeking to amend the complaint to conform to the proof they provided at the first Phase I trial, in which ...

Excerpt: ...natively for Summary Adjudication RULING For the reasons set forth herein, the motion of plaintiff MSLTD, LLC, for summary judgment or alternatively for summary adjudication is denied. Background On January 18, 2019, plaintiffs MSLTD, LLC (MSLTD), Lee McPherson, and CanJV, LLC, and defendant Fiore Management, LLC (Fiore) entered into a written Settlement Agreement and Release (Settlement Agreement). (Defendant's Response Separate Statement [DSS],...

Excerpt: ...unt y shall recover costs Background Prior to the trial of this action, defendant served plaintiff with a Code of Civil Procedure sectio n amount of $600,000. Plaintiff subsequently served defendant with a Section 998 settlement offe r County prevailed at trial, and subsequently filed and served its Memorandum of Costs, seeking r costs, including $1,423.99 in jury fees (Item 2), $19,707.70 in deposition costs (Item 4), $62,23 2 8), $2,605.50 in c...

Excerpt: ..., Walter J. Henning, individually, as trustee of the Walter C. Henning Trust, and as trustee of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Eric B. Gans, George L. Staab For Defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC TENTATIVE RULING: For the reasons set forth herein, the motion of defendant John ...

Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...

Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...

Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...

Excerpt: ...intiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...

Excerpt: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...

Excerpt: ...s an unopposed motion by the defendants to quash, or secure protection from, pending deposition notices. On or about 11/02/21, plaintiff caused to be served upon defendants a Third Continued Notice of Deposition of James Moseley and a Fifth Amended Notice of Deposition of Sunseeker Enterprises, Inc's PMK. The parties had been previously engaged in meet and confer efforts to schedule the referenced depositions, but with only partial success. At is...

Excerpt: ...her Responses to Form Interrogatories and Responses to Requests for Admissions Tentative Ruling: This is a personal injury action, stemming from a head-on automobile collision occurring on 09/14/19 on Highway 154. Plaintiff alleges that defendant-driver Antunez was intoxicated and distracted, causing him to cross over the center divider lines and into on- coming traffic. Plaintiff sustained serious injuries, as did others involved in the same col...

Excerpt: ...dana: Elliot J. Siegel, Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of plaintiff Yvonne Saldana to the first amended answer of defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposit...