Excerpt: ...ndant shall file and serve his answer to the complaint on or before January 8, 2020. BACKGROUND: This action stems from a motor vehicle collision. On the night of December 7, 2018, defendant Charles Stimson was traveling southbound in the 1200 block of San Andreas Street, Santa Barbara, when he collided with a parked vehicle in which plaintiffs Paul Gularte and Emily Gularte were passengers. Defendant failed to stop and continued to his residence...

Excerpt: ...sica C. Cook, Stevenson Law Office; Robert Adler RULING: (1) For the reasons set forth herein, the demurrer of defendant Joi K. Stephens to the third cause of action (conversion) of plaintiffs' complaint is sustained with leave to amend. Plaintiffs Christopher S. Vincent and Shelby G. Vincent shall file and serve their first amended complaint, if they choose to do so, on or before January 2, 2020. (2) For the reasons set forth herein, the motion ...

Excerpt: ...strong Associates, Inc. Scott R. Baker for Defendant Advanced Drywall Solutions, Inc. James B. Cole for Defendant Mountain West Construction Group, Inc. Christopher E. Haskell for Defendant Anderson Systems, Inc. Anthony R. Strauss for Defendant Venco Western, Inc. Raymond A. Myer for Defendant All American Roofing, Inc. Michael P. Denver for Defendant Mission Ready Mix RULING: The motion of defendant Arlington Theatre Property, LLC to compel arb...

Excerpt: ...arbitration and to stay action is granted as to plaintiff Armstrong Associates, Inc. and moving defendant. The remainder of the action is ordered stayed pending resolution of that arbitration. BACKGROUND: This is a construction dispute stemming from alleged defects and/or incomplete work performed in connection with the Arlington Village apartment complex (the “Project”) located at 1330 Chapala Street, Santa Barbara, California 93101. Defenda...

Excerpt: ...s to call the CMC Calendar matter on this case at 9:30am; appearances at 8:30am are not expected. BACKGROUND: Plaintiffs Ajna Bayet (“Bayet”) and Kathleen Korsan (“Korsan”) are former employees of defendant Peter Levy, D.C., a chiropractor with offices located at 3710 State Street, Suite E, Santa Barbara, California 93105. On October 8, 2019, plaintiffs filed their first amended complaint alleging two causes of action against defendant. T...

Excerpt: ...minary injunction. Background: On September 17, 2019, plaintiff ECO Property Group, LLC (“ECO”), filed its complaint against defendants Snider Investments, LLC (“SI”), and David Snider. SI filed a cross-complaint against ECO and its members Eli Owens and Roger MacFarlane. The dispute arises out of formation of Southern California Cultivation Partners, LLC, which was later renamed Morongo Equity Partners I, LLC (the “Company”). The Com...

Excerpt: ...rmitting all discovery motions to be heard on shortened time. The stipulation and order (filed October 18, 2019) provides for a December 6 deadline for fact witness depositions and any motion practice regarding fact discovery. The timing of filing papers for the motion is that the opposing party files its opposing brief within seven calendar days of the moving party's opening brief and a hearing as soon as practicable thereafter. (This arrangemen...

Excerpt: ...f the City Attorney RULING: For the reasons set forth herein, the motion of defendant City of Santa Barbara for summary judgment, or alternatively for summary adjudication, is granted in part and denied in part. The motion is granted to summarily adjudicate plaintiff Santa Barbara Inland & Coastal Property Rights Association's seventh cause of action in favor of defendant City. The motion is in all other respects denied. Background In this action...

Excerpt: ...tion to Confirm Arbitration Award. Since the proposed judgment is an exhibit to a pleading, petitioner shall submit a separate judgment for entry. Background Petitioner Hope Village Maintenance Corporation and respondents John Pearley Huffman and Dana Huffman arbitrated disputes regarding compliance with Covenants, Conditions & Restrictions (“CC&Rs”) applicable to respondents' residence in a common interest development. On July 25, 2019, the ...

Excerpt: ...Sharon Kennedy to the complaint of plaintiff Pickford Real Estate, Inc., is overruled. Defendant shall file and serve her answer to the complaint on or before December 4, 2019. Background John Alexander was the previous trustee of the Alexander Trust dated May 4, 2007 (Trust). (Complaint, ¶ 2.) Alexander died on May 11, 2018. (Complaint, ¶ 12.) (Note: Insofar as the date of Alexander's death is alleged in the complaint as the same date appearin...

Excerpt: ...Garvin, et al. – Pasadena) Ruling: The Court approves the class action settlement that plaintiff Leonard Ignacio and defendant Certified Freight Logistics, Inc. have reached. The Court approves an award of attorney fees to the firm of Mathew & George in the amount of $175,000; a claims administration fee award of $23,500 to ILYM Group, Inc.; and the Labor and Workforce Development Agency (LWDA) payment of $5,000. The Court will take up the amou...

Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...

Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...

Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...

Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...

Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...

Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...

Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...

Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...

Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...

Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...

Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...

Excerpt: ...er; David R.E. Aladjem, Meghan M. Baker, Samuel Bivins, Downey Brand LLP For Defendants Ventura County Waterworks District No. 1, Ventura County Waterworks, District No. 19, and Ventura County: Michael J. Van Zandt, Nathan A. Metcalf, Sean G. Herman, Hanson Bridgett LLP (For other appearances see list) RULING: For the reasons set forth herein, plaintiffs' motion to be relieved of its service obligation under Code of Civil Procedure section 836 is...

Excerpt: ... City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondents Jeremy Lindaman, Dick Wolf, and The Bellosguardo Foundation to petitioner's first amended petition for writ of mandate is sustained without leave to amend. BACKGROUND: In this action, petitioner John De Herrera (“Herrera”), a local artist, seeks a writ of mandate commanding respondents Jeremy Lindaman (“Lindaman”), Dick ...

Excerpt: ...for Admissions Be Deemed Admitted ATTORNEYS: Luis Alberto Padilla, Plaintiff In Pro Per Christopher Wilson, Defendant In Pro Per Nicole E. Hornick for Defendants Envision Healthcare Corporation and AMR, Inc. RULING: The motion for summary judgment of defendants AMR and Envision Healthcare is granted. Judgment is ordered entered in favor of AMR and Envision Healthcare and against plaintiff, together with costs. Defendants' three other motions are ...

Excerpt: ...of mandate filed by Thomas Felkay, as trustee of the Emprise Trust. The Court will consider setting a trial date to address the two counts of inverse condemnation [Temporary Regulatory Taking; U.S. Const. amend. 5; Cal. Const., art. 1, § 19] and invites your recommendations as to what those dates should be. Background: Thomas Felkay, as trustee of the Emprise Trust (“Emprise”), filed his petition for writ of mandate and complaint for inverse...

Excerpt: ...orestry and Fire Protection's first amended complaint. Background: Plaintiff California Department of Forestry and Fire Protection (Cal Fire) filed its complaint against Presbyterian Camp and Conference Centers, Inc. (PCCC), and Charles Eugene Cook III, asserting one cause of action for fire costs recovery under H&S Code §§ 13009 and 13009.1. The Court sustained PCCC's demurrer to the complaint with leave to amend. On November 7, 2018, Cal Fire...

Excerpt: ...ent on that date at the appointed time because he was called away to another matter. The Court agreed to accommodate his request to continue the matter one week so he could make his argument. Motion: Plaintiff Rabobank N.A. prevailed on summary judgment. It now seeks attorneys' fees and costs pursuant to Civil Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page o...

Excerpt: ...a further response to Request for Production of Documents No. 28 is granted. SCE is ordered to produce any and all documents and information furnished to the PUC relative to the Rey Fire. In all other respects, plaintiffs' motion to compel is denied. SCE shall produce the requested materials on or before March 15, 2019. BACKGROUND: Plaintiffs Daniel Bruckner and Janell Bruckner are the owners of the Ogilvy Ranch, a rustic ranch property with mult...

Excerpt: ...eave to amend.” If plaintiff elects to amend, the amended complaint must be filed by March 22, 2019. Background The complaint in this case was filed 5/15/18; the case has been continued three times because plaintiff was attempting to secure service; apparently that was accomplished, at least in part, albeit there is no Proof of Service on anyone filed. The Demurrer was filed on 1/22/19 by only two of the five defendants named in the complaint, ...

Excerpt: ... Truman 2016 SC6 Title Trust: Jana Logan, Kirby & McGuinn RULINGS: (1) For the reasons set forth herein, the motion of defendant U.S. Bank to expunge lis pendens is granted and the lis pendens recorded in connection with this action is ordered expunged. The Court awards statutory attorney fees in favor of defendant U.S. Bank and against plaintiff Denise A. Diller in the amount of $1,770.00 in connection with this motion, to be paid to counsel for...

Excerpt: ...o LLP for defendant Arlington Theatre Property, LLC RULING: The motion to compel arbitration, and to stay this action pending the completion of the arbitration proceedings, is granted. Background: This is an action to foreclose a mechanic's lien and for damages, filed by Advanced Drywall Solutions, Inc. (Advanced Drywall) on November 16, 2018. The complaint alleges that defendant Arlington Theatre Property, LLC (Arlington) is the owner of real pr...

Excerpt: ... Graham S.P. Hollis / Nicole R. Roysdon of GrahamHollis APC for plaintiff Roberto Ramirez and class. Michael Brett Burns of Hunton Andrews Kurth LLP for defendants Baker Hughes Oilfield Operations, Inc., and Baker Hughes Oilfield Operations LLC RULING: The motion for stay is granted, and the Hockison portion of the coordinated action will be stayed for approximately four months, in order to allow the United States Supreme Court an opportunity to ...

Excerpt: ...urt denies petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association's application for a preliminary injunction and dissolves the temporary restraining order issued on January 31, 2019. Background On January 29, 2019, petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association (DSA) filed a petition for traditional mandate and complaint for declaratory and injunctive relief. Respondents are the County of Santa Barbara and ...

Excerpt: ...rein, the motion of plaintiff Tri-County Drywall & Interiors, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On September 14, 2016, plaintiff Tri-County Drywall & Interiors, Inc. (Tri-County) entered into a written subcontract (Contract) with defendant George C. Hopkins Construction Co., Inc. (Hopkins) to perform work in connection with a project known as “Mirasol” in Santa Barbara....

Excerpt: ...eputy City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondent Santa Barbara County Board of Supervisors is sustained without leave to amend. BACKGROUND: Petitioner John De Herrera (“Herrera”) is an artist who lives and works in Santa Barbara. In 2014, respondent The Bellosguardo Foundation (“Foundation”), a 501(c)(3) non-profit corporation, was established and given title to th...

Excerpt: ...t Carolina N. Pizarro: Ronald K. Giller, Hennelly & Grossfeld LLP RULING: For the reasons set forth herein, the motion of plaintiffs Thomas D. Pickett and Catherine M. Pickett, trustees of The Pickett Family 2000 Living Trust, dated December 14, 2000, Niklas Eriksson and Adrienne Eriksson for summary judgment or alternatively for summary adjudication is DENIED. Background: This action involves a dispute over the scope of rights to easements acros...

Excerpt: ...ompel arbitration and stay proceedings. This case is on the Case Management Calendar and the Civil Law and Motion Calendar re: A motion to compel arbitration. The Court will call both matters at the 9:30 am calendar call. If the tentative is not changed, the Court will set a date for the answer to be filed [2/20/19] and a date for a CMC [3/19/19]. Petitioner Santa Barbara Nissan, LLC (SBN), petitions the Court to compel respondent Justin Damarin ...

Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...

Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...

Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...

Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...

Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...

Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...

Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...

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

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

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

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

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