Excerpt: ...rike portions of plaintiffs' complaint and civil cover sheet is granted in part, with leave to amend. The motion is granted to strike the check from the box in paragraph 14(a)(2) of the complaint (asserting a claim for punitive damages). In all other respects the motion is denied. Plaintiffs Paul H. Gularte and Emily Gularte shall file and serve their first amended complaint on or before July 10, 2019. Background: On April 5, 2019, plaintiffs Pau...

Excerpt: ...ements and the Court preliminarily approves the settlement pursuant to CRC 8.769(c). 2. The Court conditionally certifies the class, as defined in the settlement agreement: all persons who work or worked for defendant in California as independent contractor owner-operator drivers during the class period— from May 31, 2013, through the date the Court preliminarily approves the settlement, presumably June 25, 2019. 3. A final hearing on the settl...

Excerpt: ...ts Alma del Pueblo Owners Association and The Management Association, Inc., to Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D. Carstens, Lewis Brisbois Bisgaard & Smith LLP For Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC: Thomas P. Gme...

Excerpt: ...a for Defendant Tom Shultz RULING: The motion of defendants Nancy Kaplan and Paddlers, Inc. for good faith settlement determination is granted. The motion of defendant Marc Medina for good faith settlement determination is granted. The motion of defendant Tom Shultz for good faith settlement determination is granted. Any and all present or future claims for equitable or comparative indemnity or contribution against the settling defendants are dis...

Excerpt: ...t, LLC, and Victoria Street Partners, LLC to Second Amended Complaint (3) Motion of Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC to Strike Portions of Second Amended Complaint (4) Demurrer of Defendants Samuel Hedgpeth and Sonia Rosenblum to Second Amended Complaint (5) Motion of Defendants Samuel Hedgpeth and Sonia Rosenblum to Strike Portions of Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James ...

Excerpt: ...ts Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc., and Nancy Warner, NP, to plaintiff Laurie Ann Humberd's first amended complaint. As to these defendants only, the Court overrules the demurrer to the first cause of action for negligence; the Court sustains the demurrer to the second cause of action for strict liability without leave to amend, and the Court strikes the third cause of action without leave to amend but wit...

Excerpt: ...Zubin Farinpour, Manning & Kass Ellrod, Ramirez, Trester LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Taurig, LLP For Defendant Lynn Chen: Stephen F. McAndrew, Kaufman McAndrew LLP For Defendant Mark Shaw: Timothy J. Trager, Meghan K. Woodsome, Reicker, Pfau, Pyle & McRoy LLP RULING: For the reasons set forth herein, the general and special demurrers of defendant Ke...

Excerpt: ...d causes of action. The motion to strike is denied as improperly made. The sanction request is denied. Background Plaintiff's complaint, filed April 8, 2019, alleges causes of action for professional negligence, unfair business practices, and fraud, arising from defendant Dewey's brief representation of plaintiff in a family law matter involving issues of child custody, support, and visitation. Plaintiff alleges that Dewey performed very little w...

Excerpt: ...in L. Baumer of Lowthorp, Richards, McMillan, Miller & Templeman for plaintiffs Daniel Antu and Lisa Henry Robert T. Mackey/Gregory B. Selarz / Clara L. Porter of Veatch Carlson LLP for defendant James Patrick Lynch RULING: For the reasons explained below, the motion to quash is granted. No sanctions will be awarded. Background: This action arose from a motor vehicle accident which occurred on March 10, 2018, on Los Positas Road in Santa Barbara,...

Excerpt: ...LLP RULING: (1) For the reasons set forth herein, the demurrer of defendants John Paullin and Bianca Jamgochian is sustained, with leave to amend, as to the second and third causes of action of plaintiff Lyn Gianni's first amended complaint. Leave to amend includes leave to state other causes of action arising from the same underlying facts as now alleged. (2) For the reasons set forth herein, the motion of defendants to strike portions of the fi...

Excerpt: ...denies defendant Sonia Rosenbaum's motion to disqualify plaintiff's counsel. The Court denies plaintiff Jane Doe's request for expenses. 2. The Court grants the motion of defendants Alma Del Pueblo Owners Association and The Management Assoc., Inc., to disqualify James F. Scafide as counsel for plaintiff Jane Doe. Background Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The...

Excerpt: ...rr filed his complaint in this action asserting a single cause of action for professional negligence against defendant Bret Davis, M.D. The complaint alleges that Dr. Davis breached the applicable standard of care by failing to recommend or obtain a biopsy, causing delay and resulting injury to Carr. (Plaintiff's Response Separate Statement [PSS], undisputed facts 1-3.) On January 31, 2019, Dr. Davis filed this motion for summary judgment. The mo...

Excerpt: ...rks Commission (“HLC”) denying an application to operate a residential unit as a short term rental (“STR”). Petitioner/plaintiff Catt Properties, LLC (“Catt”) owns property at 101 West Anapamu Street in Santa Barbara, on which there is an 8,894 square-foot building containing an existing 1,007 square foot residential unit on the fourth floor of the four-story building. Catt alleges: City has allowed STRs for decades, issuing business ...

Excerpt: ...s-complainant Roxanne Doree contesting the application for determination of good faith settlement of cross-defendants Jonathan Lisowski and Jessica Roth is denied. The Court finds that the settlement between plaintiffs Kirk Martin and Randee Martin and cross-defendants Jonathan Lisowski and Jessica Roth was made in good faith, barring all present and/or future claims against Lisowski and Roth for indemnity, contribution, and/or declaratory relief...

Excerpt: ...homas P. Gmelich for Defendant Victoria Street Partners, LLC Michele L. Gamble for Defendants Samuel Hedgpeth and Sonia Rosenbaum Earll M. Pott for Defendants Jasmine Hale and Adams Stirling, PLC RULING: The special motion to strike of defendants Jasmine Hale and Adams Stirling, PLC is granted. Causes of action 21 through 26 in plaintiff's first amended complaint are ordered stricken without leave to amend. Moving defendants are awarded their att...

Excerpt: ...aniel Brucker and Janell Brucker's motion to compel further responses to request for production of documents, set one. The Trial Date of 6/25 and the MSC Date of 6/7 are confirmed. Background: Plaintiffs Daniel Brucker and Janell Brucker are the owners of the Ogilvy Ranch, a ranch property in Santa Barbara County. In August 2016, the ranch sustained damage as the result of the Rey Fire, a wildfire that started near Paradise Road in the Los Padres...

Excerpt: ...Trial Date of 5/7 and the MSC of 4/12. Background: Plaintiff Denise A. Diller's sole remaining cause of action against defendant Rushmore Loan Management Services LLC is negligence. MSC is scheduled for April 12 and trial for May 7, 2019. Motion for Summary Judgment/Adjudication: Defendant Rushmore moves for summary judgment or, in the alternative, summary adjudication. Plaintiff Diller opposes the motion. 1. Issues Regarding Pleadings: Diller ha...

Excerpt: ...l the Court's secretary's telephone at 882-4570 who will get me from the bench to rule on any objections that might arise. Since this is the third time her deposition has been set, if Lana does not go forward with this deposition and does not complete the vocational examination, she will not be permitted to testify. The suggestion of written questions is rejected. The Court has selected a date after the date recommended by Lana's doctor and her a...

Excerpt: ...dents The Mayor and City Council of City of Santa Barbara RULING: The motion for judgment on the pleadings of respondent City of Santa Barbara is granted without leave to amend. BACKGROUND: This matter concerns real property located at 1407 East Cabrillo Boulevard in Santa Barbara known as Bellosguardo. The 23-acre property belonged to the late mining heiress Huguette Clark. Ms. Clark died in 2011 and left the property by will to The Bellosguardo...

Excerpt: ...Egan, et al. (Manning & Kass, et al. – Los Angeles) For Defendant Chen: Stephen F. McAndrew (Kaufman McAndrew – Encino) Ruling: The Court overrules defendants Pierre Chao, John Mei, Christopher Holmes, Charles Miller, and David Oldham's demurrer; defendant Lynn Chen's demurrer; and defendant Mark Shaw's demurrer to the complaint of plaintiff Corporate Recovery Associates, LLC, as Trustee for the Liquidating Trust of Channel Technologies Group...

Excerpt: ...shman of Bradley & Gmelich LLP for defendants Santa Barbara Public Market, LLC and Victoria Street Partners, LLC; Michele L. Gamble / Rebecca J. Chmura of Collins Collins Muir + Stewart LLP for defendants Samuel Hedgpeth and Sonia Rosenbaum; Heather L. Rosing / Earll M. Pott / Brittany M. Vojak of Klindinst PC for defendants Jasmine Hale and Adams Stirling PLC RULING: The preliminary injunction is denied, and the TRO is dissolved. Background: Pla...

Excerpt: ...nise Skinner, Gerald Skinner, and Jeff and Joyce Yonce Loren L. Lunsford for Defendant and Judgment Debtor William Milks RULING: The motion of defendant and judgment debtor William Milks to vacate the entry of judgment on sister- state judgment is denied. BACKGROUND: Plaintiffs and judgment creditors Dwight J. Baum, individually and as Trustee for the Dwight C. and Hildagarde E. Baum Trust, Robert Benjamin, Diane Benjamin, Joe Mloganoski, Nancy S...

Excerpt: ...Huff, Colin E. Barr, Enrique M. Vassallo, Orbach Huff Suarez & Henderson LLP RULING: For the reasons set forth herein the motion of defendants State Street Property, LLC, and North American Specialty Insurance Company to stay action, to continue trial, and for leave to amend the answer is denied in its entirety. Background: Plaintiff George C. Hopkins Construction Co., Inc., (Hopkins) filed its original complaint in this action against defendant ...

Excerpt: ...intiff Swim Collective, LLC, filed a complaint against defendant Jane Preston asserting causes of action for declaratory relief, intentional interference with contract, and negligent interference with contract. On April 21, 2017, Preston answered the complaint and filed a cross-complaint against Swim Collective and Shannon Leggett, a manager, officer, and owner of Swim Collective. The cross-complaint asserts the following causes of action: 1) non...

Excerpt: ...l 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 of the fee motion's points and authorities, the motion states that it seeks $14,362.50 in fees and $291.61 in legal expenses arising under the contract, and $1,115 as statutory costs of litigation as a prevailing party, for a total of $17,954.41. (p. 1, lines 3-4.) The Court notes that these figures actually a...