Excerpt: ...ark Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck to strike portions of plaintiff's first amended complaint is denied. (3) Defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck shall file and serve their answers to the first amended complaint on or before June 26, 2023. Background: As alleged in plaintiff's verified first amended complaint (FAC): Plaintiff Max Liskin, as trustee of the Max Liskin Tru...

Excerpt: ...int alleges that defendant has been renting premises located at 517 Wentworth Avenue, Unit C, Santa Barbara, within the city limits of Santa Barbara, since January 1, 2021, on a month-to- month basis, with monthly rent of $1,550.00. (Complaint, ¶¶ 3, 6.) The tenancy is subject to the Tenant Protection Act of 2019. (Id. at ¶ 7.) Defendant was served with a three-day notice to pay rent quit on March 31, 2023. (Id. at ¶ 9 & Exh. 2.) On May 15, 2...

Excerpt: ... L Grodan; Morgan Lewis & Bockius LLP TENTATIVE RULING: The petition of The Ritz-Carlton to compel arbitration and stay judicial proceedings is granted Background: This action was commenced on January 20, 2023 by the filing of the complaint by plaintiff Jeff Cifuentes ("plaintiff) against defendant Ritz-Carlton Hotel Company, LLC ("defendant") for (1) Retaliation, (2) Failure to Provide Accurate Itemized Wage Statements: (3) Failure to Timely Fur...

Excerpt: ...5: 2023 MATTER: (1) Motion ofDefendant Heirloom Valley, LLC For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories And Imposing Reasonable Expenses Including Attorney: s Fees (2) Motion of Defendant Heirloom Valley: LLC For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Motion of Defendant Heirloom Valley, LLC For Order Co...

Excerpt: ...monetary, issue, and evidence sanctions, in part. The court awards sanctions in favor of Abatex: LLC: against defendant Ann Fox and her counsel in the amount of $1,989.25: payable to Abatex: LLC's counseL Payment of sanctions is due by July 6: 2023 _ Defendant Ann Fox shall serve verified funher responses to Abatex_ LLC's, set one form interrogatories and set one of requests for production of documents, uithout objections except as to privilege: ...

Excerpt: ...efendant Santa Barbara Erudite Ventures and Plaintiff Cal Green Medical, LLC: Lawrence L Conlan, David L. Cousineau: Richard Lloyd: Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn: Elizabeth A _ O'Brien: Lynn & O'Brien: LLP For Cross-Defendants Clark Howell, LLP, and Ariel Clark: Patrick McCarthy: Linda Elias- Wheelock: Briana E....

Excerpt: ... Santa Barbara: Davina Pujari and Amber Holdemess TENTATIVE RULING: The demurrer to petitioner' s first amended petition for writ of mandate is overruled. Respondent shall file and semre an Answer to the first amended petition for Writ of Mandate no later than June 26, 2023 _ Background: Petitioner Joyce E. Dudley, Santa Barbara County District Attomey ('Dudley") filed her original petition for writ of mandate on December 22: 2022. On January 3, ...

Excerpt: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...

Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...

Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...

Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...

Excerpt: ...petition is denied in its entirety BACKGROUND: The Petition for Writ of Mandamus was filed by Petitioner John Doe (Doe) on May 11: 2022. Doe was at all times a tenured professor in his department at the University of Califomia at Santa Barbara (UCSB)_ The petition challenges the disciplinary action taken by the University of Califomia (University) based upon alleged violations by Doe ofthe Faculty Code of Conduct: in relation to a doctoral studen...

Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...

Excerpt: ...aintiff contends it provided goods, wares, and merchandise: pursuant to a written agreement: and on September 3: 2020: defendants defaulted by failing to pay. According to plaintiff defendants owe $112561.18. On March 8: 2023: Sweet Symphoney and Aissa filed a joint amended answer (which superseded the original joint answer filed on March 3 2023). Aissa is representing himself and Sweet Symphoney "in pro. per_,:: and there is no indication Aissa ...

Excerpt: ...ntiff s Motion For Leave To File Second Amended Complaint ATTORNEYS: For Plaintiff Christian P. Adamc Prado: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi: Aegis Law Firm: PC For Defendant Natural Pack, Inc. : Sue M. Bendavid: Nicholas Kanter, Chrystal Ferber, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: (1) the coun orders the parties to appear at the hearmg on plaintiff s motions to compel åurther respo...

Excerpt: ...y Counsel TENTATIVE RULING: The Motion of Defendant the County of Santa Barbara for summary judgment is denied Background: This case arises out of an incident that occurred on April 6: 2021 when plaintiff Joshua Rubow Ivas injured while riding his skateboard at the intersection of Del Playa Drive and Camino Lindo (the intersection) •which is located in Isla Vista: in the County of Santa Barbara: Califomia_ As alleged in the first amended compla...

Excerpt: ..., Cory T Baker: Reicker: Pfau: Pyle & McRoy LLP For Defendants and Cross-Complainants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbim Law TENTATIVE RULING: The demulTer of cross-defendant Edward St. George is sustained in part as to the third and fourth causes of action alleged in Adam Pirozzi and 4601 Via Carretas, LLC's: cross-complaint: with leave to amend. Cross-complainants shall file a first amended cross-complaint on or be...

Excerpt: ... 3 Costs in the amount of S 1,392 _ 10 are allowed for service of process; 4 Costs in the amount of S4,539.00 are allowed for court reporter fees; 5 Costs in the amount of 54,526.47 are allowed for models: enlargements, and 6 photocopies of exhibits; Costs in the amount of S52_ 10 are allowed for electronic filing fees; 7 8. No costs are allowed for hosting electronic documents _ (2) Huntsville Defendants: 1. Costs in the amount are allowed for f...

Excerpt: ...: 201 S: Gary Gordon: Trustee of the Edmond W _ Gordon Separate Property Trust: transfeffed title to real property located at 1790 Eucalyptus Hill Road, Santa Barbara, California (the property) to plaintiff and defendant as joint tenants. Plaintiff and defendant each hold an undivided one-half fee simple interest in the property. Pentagon Federal Credit Union is the owner of a $122522000 note secured by a deed of tmst on the Property. After the p...

Excerpt: ...atory no. 17 _ 1: for requests for admission nos. 1 through 15, 17 through 19, and 21 through 25 served on Luis E. Perez, without objections except as to privilege and m accordance with this ruling. (2) For all reasons discussed herein: the court grants the motion of defendant Partners Personnel- Management Sen-ices: LLC, to compel åurther interrogatory responses from plaintiff BaronHR West Inc. Plaintiff shall serve code compliant verified Hart...

Excerpt: ...on the pleadings and grants such motion as to the twelfth affirmative defense without leave to amend. Background: (1) Background F acts On June 30, 1977, an easement of record was created by a reservation from a Grant Deed from Montecito Country Club: a colpration: to William C. Alexander and Charles K. Schmidt: which was recorded in the real estate records reserving an easement ' 'for cart path and greens-keeper trucks purposes. " (the Recorded ...

Excerpt: ... paragraph: "Plaintiff is granted possession ofthe premises beginning on 1 2021 _ Defendant applying for or receiving rental assistance is independent and separate of plaintiff s right to possession." The court clerk will issue a writ of possessiom Plaintiff is to provide the coun with a corrected judgment: for signature, and a completed writ of possession that complies u.ith all statutory requirements Background: The action Ivas filed as an unla...

Excerpt: ... section 1013 _ Defendant shall also properly serve a copy of his answer to the complaint on plaintiffs counsel and notice of the court' s ruling hereim Background: This is an unlawftl detainer action filed by plaintiff Abdul Yahyavi against defendant Timothy Lee. As alleged in plaintiff s complaint filed in this matter on April 10: 2023 plaintiff is the landlord of premises læated at 212 Oceano Avenue Unit in Santa Barbara: California (the prem...

Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...

Excerpt: ...fs' complaint is sustained without leave to amend. Defendant shall serve notice of this ruling at all known addresses for plaintiffs. Background: This is an unlawftl detainer action filed by plaintiffs Jennifer Lentini and Mark Lentini against defendant Andrea Gonzalez. As alleged in plaintiffs complaint filed on April 4: 2023 plaintiffs are the owner of premises located at 4723 Glenbrook Street in Goleta, California (the premises) (Complaint, 3 ...

Excerpt: ...nt V entura Investment Co. : Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attomey' s general act is denied without prejudice. Background: Plaintiff Matt Del Campo: on behalf of himself: the State of California: and others similarly situated and aggrieved: filed his complaint on June 7: 2022. The complaint alleges a smgle cause of action for violation of the Labor Code Private Attomeys General Act of...

Excerpt: ... was commenced on June 22, 2022, by the filing of the complaint by plaintiff Joseph Rocco against City of Goleta, City of Santa Barbara: County of Santa Barbara C 'County"): and Califomia Department of Transportation. City of Santa Barbara and Califomia Department of Transportation were subsequently dismissecL The action now proceeds against County of Santa Barbara and City of Goleta. The complaint contains a single cause of action for premises l...

Excerpt: ...0. On October 30, without any response having been filed by any party: Stiglmier filed his first amended complaint (FAC)_ The FAC asserted eight causes of actiom (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (S) violation of title 42 Unit...

Excerpt: ...imesberger in the amount of Background: As alleged in the cross-complaint (CC) of Daniel Preimesberger (Preimesberger) Preimesberger is an owner of: and resides at: real property located at 4647 Via Bendita: Santa Barbarm (CC, 6.) Cross-defendants Travis Logue and Lara Logue (collectively: the Logues) are owners of: and residents of, real property located at 4668 Via Bendita: Santa Barbara: which is adjacent to 4647 Via Bendita and the common int...

Excerpt: ...Meadows entered into a written six-month residential lease on May 4, 2022: for the rental of a room located at 671 Arundel Road: Goleta: at S 1, 100.00 per month in rent. (Complaint: 6) However: this is contradicted by the lease that is attached to the complaint The lease shou•s that the term of the lease is one year. Marquis alleges that the tenancy is subject to the Tenant Protection Act of 2019. (Complaint: 7 On March 22, 2023, a Three-Day N...

Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...

Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...

Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...

Excerpt: ...second: third: and fifteenth causes of action. It sustained the demulTer to the fourth (constructive fraud): fifth (intentional misrepresentation): sixth (fraud based on concealment): seventh (promissory fraud): and eighth (negligent misrepresentation): for failure to provide specific facts. It also sustained the demulTer to the eleventh cause of action for financial elder abuse, for its gravamen was predicated on the substance of the fraud cause...

Excerpt: ...Sol is an importer and distributor of alcohol beverages: including tequila manufactured by Compania Tequileras de Arandas S A. de C V _ (Arandas)_ This lawsuit stems from Casa Del Sol's alleged failure to pay plaintiff for two shipments of custom bottle closures sent to Arandas_ The matter before the coun is Casa Del Sol' s demulTer to the first amended complaint First, defendant claims the demulTer should be sustained based on misjoinder pursuan...

Excerpt: ...oss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel For Cross Complainant and Cross-Defendant James Davis dba Wade Davis Design: Paul R Bums For Cross Defendant James Davis dba Wade Davis Design: Rinat Klier-Er1ich TENTATIVE RULING: For the reasons set forth below: the Motion of James Davis dba Wade Davis Design for Attomey Fees is granted in part and denied in part. The coult awards attomey fees in favor of James Davis ...

Excerpt: ...ractic: Mark S. Ashworth, Carissa A. Ashworth-Johnson: Ashworth & Ashwofih, LLP (For other appearances see list) TENTATIVE RULING: For all reasons discussed herein: the motion of defendant John Craviotto, D_C_, dba Craviotto Family Chiropractic that settlement was made in good faith is granted. Background: This is a medical malpractice action that was filed on April 5, 2019, by plaintiffs Alexandro Filippini and Stephanie Filippim against over 30...

Excerpt: ...Film: P _ C. For Defendant Megan M. Thiessen: No appearance. TENTATIVE RULING: For the reasons set forth herein, plaintiff Cavalry SPV I, LLC as assignee of Citibank N _ A. s motion for entry ofjudgment pursuant to defendant' s default under settlement and release agreement is granted. The coun will sign the proposed judgment submitted by plaintiff. Background: This action was commenced on June 5 2019, by the filing of the complaint for account s...

Excerpt: ...bership Interest" (Petition) pursuant to Corporations Code section 17711.06. (Petition: p. 4.) In its Minute Order dated May 20, 2022, the coun noting that Corporations Code section 17711.06, subdivision (a): required the filing of a "complaint": ordered the hearing on the petition off calendar as premature. On May 23: 2022: Welsh filed his complaint in this matter against defendants Fiore Management: Inc. (Fiore) and Adrian Z Sedlin (Sedlin): st...

Excerpt: .... Background: As explained in the court' s statement of decision (Statement of Decision), filed on January 27 2022: and attached to the judgment entered in this matter on October 10, 2022 (Judgment) 'This action arises out of an October S: 2016 automobile versus pedestrian accident wherein Defendant Berl Golomb ('Mr. Golomb') drove his Prius into the front entrance of Cross- Complainant TRADER JOE'S CONIPANY: -S ('Trader Joe's') store located in ...

Excerpt: ...sonable and grants final approval _ (2) The class representative incentive payment of $7 , 500 to individual plaintiff Rory Massey is reasonable and is approved. (3) Settlement administration costs of S8 500.00 is reasonable and is approved. In the alternative: plaintiff may elect to re-notice the class action settlement with the correct amount: as previously approved, of up to $10,500.00. In the event that plaintiffs do not elect to re-notice th...

Excerpt: ...sed. Background: Plaintiff Karen Dawn (Dawn) filed her original complaint on May 10, 2022, alleging one cause of action for intentional infliction of emotional distress against defendant Peter Singer (Singer) Singer demurred to the original complaint and on December 16: 2022: the demurrer was sustained with leave to amend. Dawn was given until January 27: 2023: to file her FAC. Dawn filed her FAC on January 27: 2023 The FAC. although formatted di...

Excerpt: ... (the Tom Bane Civil Rights Act or Bane Act); (2) battery; (3) sexual battery; (4) medical battery; and (5) intentional infliction of emotional distress against defendants Susanne Ramos and Dr. Susanne L. Ramos: M_D_: Inc. Plaintiff defines the term 'Defendant" as used in the complaint to mean Susanne Ramos (Dr. Ramos): who plaintiff alleges is an obstetrician and gynecologist. (See Complaint: 1 : 6.) As alleged in the complaint: aner plaintiff b...

Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...

Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...

Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...

Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...

Excerpt: ...hat he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there _ On April 3, 2023, defendants moved to disqualify plaintiffs experts: Mary Jane Wilson and Ross Haberle: and counsel for misuse of confidential infonnation_ Wilson: an engineer: consulted for and confidential information from Union Oil in another toxic ton case involving oilfield contamination in the Santa Maria Valley....

Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...

Excerpt: ...as Exhibit 1 to the complaint), and secured by real property located in San Luis Obispo County. Steven Boneso (President of Boneso Brothers) signed the promissory note on behalf of Boneso Brothers. Concurrently with the promissory note defendant Robert Boneso signed a “Commercial Guaranty” (Guaranty), attached as Exhibit 2 to the operative pleading. Following Boneso Brothers' default, defendant and American Riviera Bank, on June 7, 2021, ente...