Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...

Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...

Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...

Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...

Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...

Excerpt: ...d A. Carman, Etehad Law APC RULING: For the reasons set forth herein, the motion of petitioner Reetz, Fox & Bartlett LLP to compel arbitration is granted in part to compel arbitration of issues arising from legal services provided by petitioner to or on behalf of: (1) respondent Alberto Rodriguez in connection with or in aid of the “Kellogg Avenue Project improper precondemnation activities by City of Goleta,” at any time, as to Rodriguez; (2...

Excerpt: ... were the prevailing party and are entitled to an award of expert witness fees is denied under either theory. 2. There has been a Cost Memorandum submitted seeking “expert fees (per 998) of $1,852.50” on 12/27/19; counsel are invited to comment on when “an order” related to an award of costs will be submitted in light of this decision. Background Judgment was entered on 12/17/19 after a 3-day bench trial. On 12/27 Brinkman filed a Memoran...

Excerpt: ...onday March 16, 17 [1/2 day–afternoon], 18, 19, 20, 21 and Monday March 23. Counsel are invited to meet and confer on how long the case will take and if it will be a bench trial or a jury trial and inform the Court at the hearing on 2/25 the dates and length of trial; will it be a bench trial or a jury trial? All trial documents including hearing briefs, witness lists, exhibit lists, in limine motions, due March 3, 2020 (courtesy copied to the ...

Excerpt: ...nt for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust. [Complaint ¶5] Defendant is decedent's daughter. [¶8] P...

Excerpt: ...ntiffs Robert Foote and Kathleen Foote (collectively “Foote”) allege: Defendant Roy Schrader borrowed $135,000 from plaintiffs as evidenced by a written note dated August 1, 2012. [Complaint ¶7] The note provides for $500 monthly payments through November 1, 2012, then $1,000 monthly payments through February 1, 2014, at which time the entire principal balance and accrued interest at 4% per annum would be due and payable. [¶9] Schrader made...

Excerpt: ... J. Gamberdella's motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole member of CARP, entered into a Residential Income Property Purchase Agreement to purchase property at 4647 Carpinteria Avenue in Carpinteria from Efrain Corona, tr...

Excerpt: ...NG: Defendant Association's demurrer to plaintiffs' FAC is overruled. Defendant shall file and serve its answer to the FAC on or before February 28, 2020. BACKGROUND: This action concerns a private unit development called Shadow Hills in Santa Barbara, California. There are 18 single- family homes within the development. Plaintiffs Larry W. Lawson and Nancy Duong (the “Lawsons”) are the owners of real property located at 4433 Shadow Hills Bou...

Excerpt: ...d settlement agreement is ordered vacated. The parties are ordered to appear for a Case Management Conference on February 4, 2020, at 8:30 a.m., in this department, at which time the Court will set a new settlement conference date and trial date. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) filed its original complaint against defendants D. Stephen Sorensen (“Sorensen”) and Pogo Services, Inc. (“Pogo”) on February 21, 2017,...

Excerpt: .... Popovich, N. Asir Fiola, Celeena B. Pompeo, Selman Breitman LLP For Defendants The Towbes Group, Inc., Trader Joe's Company, Dr. Earl M. Hill Family Limited Partnership, Cal-Real Properties, L.P., and Michael Towbes Construction and Development, Inc.: Anthony J. Ellrod, Natalya Vasyuk, Mannin & Kass Ellrod, Ramirez, Trester LLP RULING: (1) For the reasons set forth herein, the motion of defendant General Paving Management for summary judgment i...

Excerpt: ...o supply mobile application platform owners as potential sources for defendant VERVE's internet advertising clients. The agreement was formed when plaintiff accepted and signed VERVE's open insertion order in Santa Barbara, California on December 4, 2018. A copy of the written agreement was attached to the complaint as Exhibit A. The agreement provides that it is governed by the AAA/IAB Standard Terms and Conditions for Internet Advertising for M...

Excerpt: ...ogether with costs. BACKGROUND This is a medical malpractice action. On September 21, 2016, plaintiff Daniel Lipsius-Davis underwent total right knee replacement surgery at defendant Goleta Valley Cottage Hospital. The surgery was performed by defendant Graham Hurvitz, M.D. Defendant Emanuel Zusmer, M.D., provided anesthesia care to plaintiff during and after the surgery. Within 24 hours of the procedure, plaintiff began experiencing severe abdom...

Excerpt: ... the pleadings on plaintiff's second cause of action for violation of Government Code Section 11135 is granted without leave to amend. Defendants' motion for judgment on the pleadings on plaintiff's third cause of action for violation of Education Code Sections 201 and 220 is granted with leave to amend. Any amended pleading shall be filed on or before January 24, 2020. Defendants' motion for judgment on the pleadings on plaintiff's fifth cause o...

Excerpt: ...r AMSS, LLC, in conformity with the arbitration award, including an award of attorney fees and costs in the amount of $122,611.37, plus prejudgment interest in the amount of $3,573.52. Petition: This dispute concerns a residential condominium located at 4729 Sandyland Cove, Carpinteria, California. Petitioner AMSS, LLC (“AMSS”) is the current owner of the condominium, which was previously owned by DLG Family Limited Partnership. In 2013, resp...

Excerpt: ...heir entirety. The Court denies the motion in all other respects. Plaintiff City of Carpinteria shall file a first amended complaint without the stricken portions on or before January 17, 2020. Defendant Dario Pini shall file his answer to the first amended complaint on or before January 27, 2020. Complaint: On August 7, 2019, plaintiff City of Carpinteria filed its complaint for breach of contract, breach of the covenant of good faith and fair d...

Excerpt: ...rd of attorney's fees in the sum of $5,909.75 and costs in the sum of $873.15 is granted. HVMC was the prevailing party in the underlying arbitration. BACKGROUND: On September 13, 2019, Hope Village Maintenance Corporation (“HVMC”) filed its petition to confirm arbitration award. HVMC is a homeowners' association and is responsible for managing and operating a 40-unit residential common interest development in Santa Barbara known as Hope Vill...

Excerpt: ...ra County on May 24, 2018. Plaintiffs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Motion: Plaintiffs move for an order approving and directing service of summons on defendant by publication in a newspaper of general circulation. In the motion, plaintiffs say the motion is based on their counsel's declaration, the declaration of a private investigator, and points and authorities. However, no memorandum of points and aut...

Excerpt: ...while representing defendant for a period of time in a family law proceeding. The complaint alleged causes of action for breach of written contract and common counts for account stated and for services rendered. After Suleimanagich's demurrer was ordered off calendar for failure to comply with Code of Civil Procedure section 430.41, he answered the complaint in pro per on August 29, 2018. In a July 1, 2019 minute order, the Court allowed plaintif...

Excerpt: ...s on or before October 1, 2019. Respondent Westmont College shall file and serve its response supplemental papers on or before October 8, 2019. Doe shall file and serve his reply supplemental papers on or before October 15, 2019. Hearing on this matter is continued to October 22, 2019, at 9:30 a.m. Background: Respondent Westmont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshma...

Excerpt: ...sts for Admissions ATTORNEYS: For Plaintiff Edmund Prehoden, Jr.: Derek J. Wilson For Defendants, Cross-Complainants, and Cross-Defendants Old Town Hospitality, Inc., dba Sand Bar and erroneously sued as Baja Sharkeez Restaurant Group, and Aron Ashland: Edmund G. Farrell III, Vanessa H. Hubert, Murchison & Cumming, LLP For Defendant Teak Warehouse, Inc.: Danielle Kuck, Wood, Smith, Henning & Berman, LLP RULING: (1) For the reasons set forth herei...

Excerpt: ...o amend, as to the uncertainty created by the failure to clearly articulate which capacities in which the causes of action for professional negligence, breach of fiduciary duty, conversion, and accounting are being prosecuted. In all other respects, the demurrer is overruled. The motion to strike is denied in its entirety. To the extent leave to amend has been granted, plaintiff shall file any further amended complaint on or before October 8, 201...