Excerpt: ... SBB Villas LLC and Kiran Pande (collectively, "Defendants") shall appear on June 12, 2018, at 9:30 am, in Department 3 of this Court, located at 1100 Anacapa Street, Santa Barbara, CA 93101, to show cause, if any exists, why the Court should not issue a preliminary injunction restraining and enjoining Defendants, and anyone acting on their behalf or in concert with them: (a) from transferring, or otherwise encumbering real property locat...

Excerpt: ... complete verified responses, without objections, to Request for Production, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The second motion [filed 3/2/18] is to serve full and complete verified answers, without objections, to Form Interrogatories, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The motions were set for 4/3/...

Excerpt: ...s Plaintiff moves to file a First Amended Complaint to include negligent entrustment language, thereby making the limitations on owner liability pursuant to the California Vehicle Code inapplicable, and making Defendant Ana Maria Oliva and DOES and any one of them, jointly and severally liable for the full amount of Plaintiff's damages, to wit: $27,324.90; attaches a copy of Plaintiff's First Amended Complaint for Subrogation Recovery; propos...

Excerpt: ...Inc.: Eric Berg For Cross-Defendant and Cross-Complainant Schock Contracting Corporation: Steven W. Sedach Ruling: For the reasons set forth herein, the motion of Schock Contracting Corporation for determination of good faith settlement is denied without prejudice to the filing of a renewed motion following the close of discovery in this action. Background: On April 26, 2017, plaintiff City of Santa Barbara (City) filed its original complaint in ...

Excerpt: ...d service of the TRO and OSC were not accomplished within the time required by Code of Civil Procedure section 527. As a result, the TRO must be dissolved. However, as described below, it may be reissued upon receipt of a declaration pursuant to Section 527(d)(5), and the OSC may then again be set for hearing. Court records do not show that any such declaration has yet been submitted by plaintiffs. However, there remains ample time to do so prior...

Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...

Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...

Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...

Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...

Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...

Excerpt: ...h & Whatley, PC [email protected]; [email protected]; [email protected]; [email protected]; tshapiro@Santa Ruling: For the reasons set forth herein, the motion of defendant City of Santa Barbara to strike from the first amended complaint plaintiffs' req u Background: Plaintiffs Rolland Jacks and Rove Enterprises, Inc., dba Hotel Santa Barbara, on their own behalf and on behalf of all others similarly si t the first amended comp...

Excerpt: ...ager & Dowling Ruling: The motion of cross-complainants Charles S. Crail and Charles S. Crail Automobiles for leave to file an amended cross- complaint is granted as qualified herein. There are two issues of form that the Court has with the proposed amended cross-complaint. First, the amended cross- complaint as proposed does not state in its caption that it is the first amended cross-complaint rather than an original cross-complaint as required ...

Excerpt: ...OA3: Steven M. Daily, Rebecca L. Wilson, Kutak Rock LLP Ruling The Court continues the hearing on the demurrer and motion to strike of defendants to June 26, 2018. Background On March 9, 2018, plaintiff David Fee, then represented by counsel, filed his original complaint in this action against defendants Select Portfolio Servicing, Inc., (erroneously sued as Select Portfolio Services) and U.S. Bank National Association, as trustee for WaMu Mortga...

Excerpt: ...hern California Edison Company Ruling: For the reasons set forth herein, the motion of defendant Southern California Edison to strike portions of the complaint is granted, without leave to amend, to strike paragraphs 42, 50, 54, and 66 of the text of the complaint and to strike paragraph 7 of the prayer on page 14 of the complaint. This ruling is without prejudice to the filing of a noticed motion to amend to allege claims for punitive damages at...

Excerpt: ...ril 4, 2018; vacates the forfeiture of Bail Bond #FCS1001668951 in People v. Joel Michael Mears, Case No. 1444629; and exonerates Bail Bond #FCS1001668951. Background: On July 12, 2016, in People v. Joel Michael Mears, Case No. 1444629 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS1001668951 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On A...

Excerpt: ...it corporation and the owner of Rancho Del Cielo, the former home and retreat of President Ronald Reagan (the “Reagan Ranch”), located in the Santa Ynez Mountains north of Santa Barbara. The Reagan Ranch consists of 688 acres and includes an adobe residence and related structures. The Reagans purchased the ranch in 1974, shortly before Ronald Reagan completed his second term as governor of California. Numerous artifacts of the Reagan governor...

Excerpt: ...Secrest (Santa Barbara); Carney R. Shegerian (Shegerian & Assoc. – Santa Monica) For Defendants: Janice P. Brown, et al. (Brown Law Group – San Diego); Apalla U. Chopra, Adam J. Karr (O'Melveny & Myers – Los Angeles) Tentative Ruling: 1. The court denies defendants Bank of America N. A. and Merrill Lynch, Pierce, Fenner and Smith, Inc.'s motion for summary judgment or, in the alternative, summary adjudication. 2. The court grants, in part, ...

Excerpt: ... Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: Marcus S. Bird, Hollister & Brace For Defendants California Coastal Commission and State Coastal Conservancy: Xavier Becerra, Jamee Jordan Patterson, Office of the California Attorney General For Defendant Rancho Cuarta: Joseph Liebman Tentative...

Excerpt: ...TATIVE RULING: Plaintiff's motion for summary judgment or, in the alternative, summary adjudication is denied. BACKGROUND: Plaintiff Michael S. Little is an oil and gas attorney licensed in Louisiana and a close friend of Matthew Martin, a former employee and director of Gente Oil U.S.A. (“GOUSA”). In 2015, plaintiff referred Mr. Martin to defendant Edward G. Mannion and his firm, defendant Mannion & Lowe, a Professional Corporation, for repr...

Excerpt: ...WFBM, LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Fiore Management LLC to the first cause of action and to the complaint is overruled, and the demurrer of defendant Adrian Z. Sedlin is sustained, with leave to amend, as to the second and third causes of action and to the complaint as a whole. Plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., shall file and serve their first amended complaint on or before ...

Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...

Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...

Excerpt: ...st amended complaint without leave to amend. The court overrules the demurrer in all other respects. These defendants shall file their answer to the remaining causes of action asserted against them in the first amended complaint on or before May 29, 2018. 2. The court sustains defendant Indigo European Motorcars, LLC's demurrer to the sixth and ninth causes of action in plaintiff Roy E. Stephenson's first amended complaint without leave to amend....

Excerpt: ...s overruled. Cross- complainant shall file and serve its second amended cross-complaint on or before June 4, 2018. Background: Cross-complainant Alternative Beauty Services Ltd. (ABS or Alternative) (erroneously sued as Alternative Beauty LTD) is a top distributor of fine beauty products in Ontario, Canada. (First Amended Cross-Complaint [FACC], ¶ 2.) Cross- defendant Olaplex, LLC (Olaplex) was formed in early 2014 and launched its family of pro...

Excerpt: ...i Meeks, Case No. 1478819; and exonerates Financial Casualty & Surety, Inc.'s Bail Bond # FCS101752654. Background: On April 27, 2017, in People v. Kumasi Meeks, Case No. 1478819 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101752654 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On May 8, 2017, the court entered a bail bond forfeiture when th...