Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...

Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...

Excerpt: ...lendar for failure to comply with CCP §§ 430.41 and 435.5. Defendants shall file a proper responsive pleading on or before July 20, 2018. Background: Plaintiffs Curvature LLC and Curvature, Inc., brought this action against defendants PivIT Global, Inc. (“PivIT”), Troy Jacobsen, Justin Sparks, Joe Zender, Mike McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis. Plaintiff alleges that defendants Troy Jacobsen, Sparks, Zender, and McKay, a...

Excerpt: ...n that date. But the transcript has been provided by Mr. Katz. It is obvious the case was called and continued at the request of the Plaintiff, by Mr. Katz, and Mr. Scott to April 2, 2019. They told the Court that they have entered into a written settlement agreement that's final and binding. It is in the form of a Stipulation for Entry of Judgment on a court document. It calls for the defendant to make periodic payments every month over a ce...

Excerpt: ... Younggren-Neri of Reback, McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The hearing on the petition is continued to July 10, 2018. Petitioner's counsel is invited to file a declaration setting forth the additional information articulated below, on or before July 3, 2018. Background: This medical malpra...

Excerpt: ...tion As Trustee For WAMU Mortgage Pass Through Certificate For WMALT Series 2007-OA3 RULING: Defendants' demurrer to plaintiff's complaint is sustained without leave to amend. Defendants' motion to strike portions of the complaint is moot given the ruling on the demurrer. Defendants' motion for monetary sanctions against plaintiff and his former attorney of record, John A. Holman, is granted in the sum of $7,500.00. The sanctions shall be paid wi...

Excerpt: ...or the reasons set forth herein, the demurrer of defendant Certified Freight Logistics, Inc., to the eighth cause of action of the first amended complaint (for violation of Labor Code section 226.8) is sustained without leave to amend and the demurrer to the tenth cause of action (PAGA) is overruled. Defendant shall file and serve its answer to the first amended complaint, as it remains after the sustaining of this demurrer, on or before July 11,...

Excerpt: ...cause of action and the complaint as a whole. The Court awards attorney fees and costs in favor of defendant Howard M. Fields and against plaintiffs Howard Lamar and Erin McCune Lamar in the amount of $928.00. Subject to this award of fees and costs, the Court orders the action dismissed with prejudice. Background: On September 12, 2017, plaintiffs Howard Lamar and Erin McCune Lamar (collectively, the Lamars) filed their complaint in this action ...

Excerpt: ...rews Kurth LLP Ruling: For the reasons set forth herein, the Court orders this action stayed pending and excepting the filing and disposition of a petition for coordination to be submitted by plaintiff Hockison (or by defendants) within 30 days of this order. The parties are ordered to meet and confer within 14 days of this order to identify who will originate this petition and to what extent, if any, the parties agree upon factors relevant to th...

Excerpt: ..., and fifth causes of action in plaintiffs Jeffrey C. Myers and Chris B. Myers's second amended complaint, without leave to amend. 2) Because of the ruling on the demurrer, defendant Wells Fargo Bank, N.A.'s motion to strike a portion of the second amended complaint is moot. Background: On April 18, 2016, plaintiffs Jeffrey C. Myers and Chris B. Myers filed their complaint against defendants Wells Fargo Bank, N.A. (“WFB”); Wells Fargo Home Mo...

Excerpt: ...s court. On or before June 22, 2018, defendant Schmidt shall serve on plaintiff Crozier, by mail or by other legally sufficient means, all documents filed with the Court as and in support of her demurrer together with a notice of continuance of the hearing to July 24, 2018. The notice of continuance, and proof of legally sufficient service of all documents, shall be filed with the Court on or before June 29, 2018. Background: As alleged in the co...

Excerpt: ...and drinking alcohol. Defendant started a structure fire causing damage to Plaintiff's structure and the upstairs and neighboring structures. The lease agreement between Plaintiff and Defendant contained a no-smoking provision inside the unit, and Defendant, on multiple occasions, professed to Plaintiff and her property manager that he did NOT smoke. Seeks punitive damages; alleges Defendant knew that ingesting sedatives while drinking alcoho...

Excerpt: ...t for hearing on 6/12. However, the order filed on 6/4/18 sets the OSC sought by plaintiff Love Lambs for hearing on 6/19, NOT 6/12. ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for plaintiffs Love Lambs II, LLC and Cortney Fishkin Christopher E. Haskell / Ryan D. Zick of Price, Postel & Parma LLP for plaintiff Casa Blanca Beach Estates Owners' Association No appearance by defendants RULING: For the reasons articulated below, the hearing on ...

Excerpt: ...endants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic join. The Court orders plaintiff, Robert Eldon, to attend his deposition. Defendants have not specified a time and place for the deposition. The Court will address the time and place for the deposition at the hearing. Background: This action arises out of medical care provided to plaintiff, Robert Eldon, while he was an inmate at the Santa Barbara County Jail. Defendant...

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: ...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: ... 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: ...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: ...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: ...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: ...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...