Excerpt: ... on Cross-Complaint RULING The motion of Champlin/GEI Wind Holdings, LLC for summary judgment or alternatively summary adjudication on its complaint is granted in part and denied in part. Summary adjudication is granted on its second cause of action for declaratory relief but denied on its first and third causes of action for breach of contract and for preliminary and permanent injunctions. The motion of Champlin/GEI Wind Holdings, LLC for summar...

Excerpt: ... Defendant Preferred Bank: Michael E. Bubman, Scott H. Noskin, Mirman, Bubman & Nahmias, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] HEARING (1) Demurrer of Defendant to Complaint (2) Motion of Defendant to Strike Portions of Complaint RULING (1) For the reasons set forth herein, the...

Excerpt: ...plaint RULING (1) For the reasons set forth herein, the demurrer of defendants Shoreline Farms LLC and Aviana Kjos to the first amended complaint of plaintiff David Matthew Kilrain is sustained with leave to amend. Plaintiff Kilrain shall file and serve his second amended complaint on or before March 2, 2022. (2) Because the demurrer is sustained, the motion of defendants to strike portions of the first amended complaint is moot and is ordered of...

Excerpt: ...required for this hearing on the petition to release the recorded claim of mechanics lien of respondent Joel's Roofing and Rain Gutter Co., Inc. For the reasons set forth herein, unless respondent Joel's Roofing appears and presents evidence, the Court will grant the petition for the order releasing the lien. Background Petitioner Mark Cox requested that respondent Joel's Roofing and Rain Gutter Co., Inc. (Joel's Roofing) furnish labor and materi...

Excerpt: ...f defendant Stargate Ranch, LLC to plaintiff's fourth, fifth, sixth, and seventh causes of action against Ranch for strict products liability – design defect, strict products liability – failure to warn, negligent failure to recall, and intentional failure to recall is sustained without leave to amend. Defendant's motion to strike the claims for punitive damages against Ranch is sustained without leave to amend. Should plaintiff later discove...

Excerpt: ...round This is a subrogation action, which arose out of a motor vehicle accident between defendant Sotero and plaintiff's insured. According to the complaint, plaintiff paid it's insured the amount of $15,884.94 for collision damage. It filed its complaint in subrogation on September 1, 2020, seeking to recover that amount from defendant Sotero. Plaintiff was unable to locate defendant Sotero after extensive attempts, including hiring a private in...

Excerpt: ... of defendant Youn g Brothers Construction Compan y to compel further respo n Production of Documents, Set One, is denied. Plaintiff is awarded monetar y sanction of $1 BACKGROUND This action arises out of a remodeling project. Plaintiff is KHP IV Santa Barbara, LLC. Defend a Company. On September 13, 2019, plaintiff, as owner, entered into a written contract with defe n work, labor, and materials in connection with the remodel of the Hyatt Mar M...

Excerpt: ...unt y shall recover costs Background Prior to the trial of this action, defendant served plaintiff with a Code of Civil Procedure sectio n amount of $600,000. Plaintiff subsequently served defendant with a Section 998 settlement offe r County prevailed at trial, and subsequently filed and served its Memorandum of Costs, seeking r costs, including $1,423.99 in jury fees (Item 2), $19,707.70 in deposition costs (Item 4), $62,23 2 8), $2,605.50 in c...

Excerpt: ...elow, the Court will deny the motion to strike at this time. Background In September, 2021, this Court denied plaintiff's motion for class certification, related to her cla i Company, had violated Labor Code sections 201-203 in issuing she and members of the putativ e which could—but would not necessarily—cause the user to incur fees, without obtaining their w its understanding of the facts, arguments, evidence, or its analysis of the certifi...

Excerpt: ...natively for Summary Adjudication RULING For the reasons set forth herein, the motion of plaintiff MSLTD, LLC, for summary judgment or alternatively for summary adjudication is denied. Background On January 18, 2019, plaintiffs MSLTD, LLC (MSLTD), Lee McPherson, and CanJV, LLC, and defendant Fiore Management, LLC (Fiore) entered into a written Settlement Agreement and Release (Settlement Agreement). (Defendant's Response Separate Statement [DSS],...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue GWD's request to file a FAC Ruling The request to file the FAC is GRANTED. File the FAC forthwith. Analysis GWD has moved for leave to file a FAC. GWD represents that they are seeking to amend the complaint to conform to the proof they provided at the first Phase I trial, in which ...

Excerpt: ... Class Action Settlement RULING Plaintiff's motion for final approval of class action settlement is granted as set forth herein. BACKGROUND This is a class action wage and hour lawsuit. By this motion, plaintiff David Andrade, on behalf of himself and all similarly situated current and former employees, seeks final approval of the proposed settlement with defendant General Dynamics Mission Systems, Inc., a company that designs and manufactures co...

Excerpt: ...easons set forth herein, the demurrer of defendant Radius Group Commercial Real Estate, Inc., to the second amended complaint is overruled. Defendant Radius Group shall file and serve its answer to the second amended complaint on or before January 12, 2022. Background Dante Armento – only - was dismissed - without prejudice – on 12/21/21. “This action involves the commission earned by Plaintiffs, as a result of their being the real estate a...

Excerpt: ...�ce.com;todd@stevensonlawofÞce.com; rob HEARING Motion of Defendant for Judgment on the Pleadings RULING For the reasons set forth herein, the motion of defendant Joi K. Stephens, Trustee of Trus t of the Stevens Famil y Trust U/D/T dated November 13, 1987, for jud gment on the pleadin g part and denied in part. The motion is granted, with leave to amend, as to the fifth cause o motion is in all other respects denied. Plaintiff Christopher S. Vi...

Excerpt: ...btor RULING For the reasons set forth herein, the motion of plaintiff and judgment creditor MUFG Union Bank N.A. for assignment orders and for a restraining order is denied without prejudice to the filing of a subsequent noticed motion with appropriate supporting evidence. Background On April 16, 2019, plaintiff MUFG Union Bank N.A. filed its complaint in this action for breach of contract—business line of credit agreement, money lent, and acco...

Excerpt: ...c. Emails: [email protected]; charanjit@weinberg- gonser.com; [email protected]; [email protected]; [email protected]; t MATTER Motion for Leave to File First Amended Direct Complaint; Motion for Leave to File First Ame n RULING The motions of plaintiff ECO Property Group, LLC for leave to file First Amended Direc t 2022 to August 30, 2022. Defendant ReProp Investments, Inc. ma y refile its summar y jud g BACKGROUND This acti...

Excerpt: ...man.com; [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the demurrer of cross-defendants Nitsa Citrine Christensen-Pomerleau and The Crystal Vision, LLC to the first amended cross- complaint of cross-complainants Sun Potion, LLC, and Scott Linde is overruled as to the first cause of action (breach of contract) and is sustained, with leave to amend, as to the second cause of action (misappropriat...

Excerpt: ...; [email protected]; [email protected]; soliver@t ys HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoenas RULING As set forth herein, the motion of defendant Justin Sell to quash deposition subpoenas is gr is granted to quash the subpoena to San Marcos Hi gh School in its entiret y. The motion is Hi gh School and Buena Hi gh School in the followin g particulars onl y: (1) documents to be other personnel records which reflect c...

Excerpt: ... medical malpractice case was Þled in 7/2020. On 8/31/21 the Court ruled that: Expert witness designation date will be August 20, 2021, and the supplemental date will be September 5, 2021; the trial date and MSC date were set; there have been no motions to compel since that time; the Court's assistance has not been invited to resolve any issues. The Court expects the case to go to a MSC on the date set [10/1/21] and the trial on the date set [11...

Excerpt: ...e Kidon to Confirm Arbitration Award (3) Motion of Woody Boyce Builders for Award of Attorney Fees (4) Motion of Mark Kidon and Darlene Kidon for Award of Attorney Fees RULING As set forth herein, the Court requires further information from the parties regarding the authority of the Court to award attorney fees or costs arising from the arbitration. All motions will be continued to December 21, 2021, at 10:00 a.m. Each part y ma y file and serve ...

Excerpt: ...ee named defendants, shall arbitrate plaintiffs' claims about (1) specific promises allegedly made by defendants to repair specific things (pre- and post-sale); (2) defendants' alleged failure to affirmatively disclose known defects prior to the close of escrow; and (3) defendants' alleged failure to assign applicable warranties to plaintiffs (pre-and post-sale). The construction defect claims are not subject to arbitration and shall be stayed he...

Excerpt: ...ties have selected an arbitrator and a date for arbitration. If that has not been done, this Court will select the arbitrator and a date for the arbitration. Status reports due one week in advance. Analysis This a private fee dispute between law firm and client regarding services rendered by law firm to client in a number of “Filippini” lawsuits currently underway in this courthouse. This is purely a dispute over fees. Background Facts The sa...

Excerpt: ...o Settlement Agreement RULING For the reasons set forth herein, the motion of plaintiff State Farm Mutual Automobile Insurance Company to vacate the dismissal and enter judgment pursuant to the settlement stipulation is continued to December 7, 2021, at 10:00 a.m. Counsel for plaintiff shall serve notice on counsel of record for defendant and also on the defendant personally on or before November 9, 2021, and shall file proof of such service on o...

Excerpt: ...sanctions, is continued to November 30, 2021, at 10:00 a.m. Counsel are ordered to meet and confer in person or by telephone/ video conference on or before November 12, 2021, which meet and confer is to be initiated by counsel for defendant Canopy Club, to discuss the disposition of this motion. On or before November 16, 2021, (1) the parties are to file a stipulation, including a proposed order, to the extent agreeable, resolving all or part of ...

Excerpt: ...is is an action for damages resulting from a motor vehicle collision. Plaintiff is Rick J. Candito. Defendants are Teresa Melgoza (“Melgoza”) and John Lubbers (“Lubbers”). On August 16, 2017, plaintiff was driving near the intersection of Mission Street and Castillo Street in Santa Barbara when his vehicle was struck by a vehicle driven by Melgoza and owned by her son-in-law, Lubbers, resulting in injuries and damages to plaintiff. At the...

Excerpt: ...not to exceed 10 pages – from both sides shall be submitted on or before Novem b no submissions respondin g to the other's side's supplemental brief, unless a material fact h that contention is made, such a brief on that issue alone will be filed by 11/22/21. Analysis This action arises out of alleged deficiencies in the construction of a custom residence in Santa B Court this day is a motion by plaintiffs to compel arbitration of the dispute, ...

Excerpt: ...ted; Responses to be served no later than November 23, 2021; sanctions of $1,000 payable by November 23, 2021. Analysis This lawsuit was filed in 8/2020; Plaintiff alleges in the complaint that the case involves an automobile vs. pedestrian-negligence incident causing injury. Past medical expenses in excess of $25,000 for plaintiff Elisa Salvador including future medical treatment. Lost wages and loss of earning capacity are unknown. The parties ...

Excerpt: ...r Summary Judgment 2. CMC. CMCSs filed -- none. The Court set this date for a CMC when it set the trial date for 12/7/21. On 9/22/21 the MSC date and the Trial dates were continued based upon the stipulation filed, but this CMC date was not continued. The new trial date is 3/29/2022. Both matters will be called on the 10 am Law and Motion Calendar; no appearance necessary for the 8:30 CMC Calendar. RULINGS 1. For the reasons set forth herein, the...

Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...

Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...

Excerpt: ...ll grant defendant's request for sanctions, and will order plaintiff and her attorne y, Anthon y C. Kastenek, to pa y discovery sanctions to Defendant in the amount of $400.43. BACKGROUND Plaintiff issued a records subpoena to a third-party deponent, after which defendant filed a motion to quash the subpoena and for protective order. After a hearing held on July 27, 2021, the motion to quash was denied. The motion for protective order was granted...

Excerpt: ...easons more fully articulated below, the Court will deny the motion. Background Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her complain t Labor Code §§ 201-203, and (2) violation of Labor Code § 2698, et seq. (Labor Code Private A t The complaint defines the class as “All former employees who e employed by Defendants in th e present, whose employment was separated for any reason (voluntary or involuntary)...

Excerpt: ... [email protected]; HEARING Motion for final approval of class action settlement. Motion for attorneys' fees, costs, and expenses, and for representative enhancement payments. RULING The Court will grant both motions. The Proposed Judgment has been submitted and the Court intends to sign it. Background This is a wage and hour action, filed on September 22, 2020, alleging causes of action for (1) failure to properly institute an alter...

Excerpt: ...ca.gov; [email protected] HEARING Order to Show Cause re Court Assuming Jurisdiction over Respondents' Law Practice RULING The hearing on the order to show cause will be continued to hold an evidentiary hearin g on the merits of the application of petitioner State Bar of California. The parties are to be prepared to discuss at the hearing of this order to show cause availability for such evidentiary hearing. As set forth herein, after considerati...

Excerpt: ...urrer of Defendant Justin Sell to Complaint (2) Motion of Defendant Justin Sell to Strike Portions of the Complaint RULING (1) For the reasons stated herein, the demurrer of defendant Justin Sell to plaintiff's comp (2) For the reasons stated herein, the motion of defendant Justin Sell to strike portions of p (3) Defendant Justin Sell shall file and serve his answer to the complaint on or before Sept e Background As alleged in plaintiff John Doe'...

Excerpt: ...ppeared for the purpose of moving to quash service of summons and complaint upon them, contending that because service has not been properly accomplished, the court lacks personal jurisdiction over them. According to the declaration of defendant Aviana Kjos, on or about May 30, 2021, plaintiff entered property at 5300 Shoreline Drive in Goleta with an unidentified woman. The woman attempted to give Kjos something, when plaintiff started yelling a...

Excerpt: ...r enforcing settlement agreement and entering judgment is DENIED. 2. The Court finds that Antonucci is not in breach of the Settlement Agreement by refusing to sign and deliver the Modification of Easement Rights prepared by Faoro's counsel. 3. The version of the Modification of Easement Rights with the additional language proposed by Antonucci's counsel (Lee Dec., ¶ 8, Ex. 6) more accurately reflects the terms of the Settlement Agreement. 4. Fa...

Excerpt: ...f the first amended complaint of plaintiffs Douglas D. Rossi and Kimberlee H. Rossi is overruled. Defendant shall file and serve his answer to the first amended complaint on or before September 1, 2021. Background As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs Douglas D. Rossi and Kimberlee H. Rossi own and reside at 49 Canyon Acres Drive, Santa Barbara (Plaintiffs' Property). (FAC, ¶ 5.) Defendant Uri Dolev owns and resides...

Excerpt: ...tion to quash is DENIED. Since Plaintiff has not requested remuneration f costs associated herewith, there is no order for sanctions. However, Deponent cannot yet b comply with the revised subpoena because (1) Deponent filed its own motion to quash now and (2) an issue waived b y Defendants but raised properl y b y the Deponent (Ohio domesti c have facial merit and must be full y considered at the hearin g on Deponent's motion next m Analysis Thi...

Excerpt: ...fter the surgery. Her operative First Amended Complaint, filed November 30, 2020, alleges causes of action for (1) negligence, and (2) battery. The negligence cause of action alleges that defendant failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for plaintiff, resulting in her suffering injuries and damages, including to injury to her inguinal canal, groin, leg, hip, and sexual organs. Sh...

Excerpt: ...set Recovery Group, LLC, a debt purchaser. Prior to filing this action, plaintiff acquired sole ownership of the debt at issue. Defendant is Jesus Ramirez. As alleged in the complaint, on December 28, 2017, defendant applied for and was provided an unsecured loan by LOANME, Inc. Under the terms of the loan, defendant promised to pay LOANME, Inc. all sums loaned with interest, fees, and other charges. Defendant subsequently defaulted on the loan b...

Excerpt: ...nty.santa- barbara.ca.us; [email protected]; [email protected]; [email protected]; c c Issue Motion for Determination of Legal Issues Affecting Valuation RULING For the reasons set forth herein, the Court determines that plaintiff Santa Barbara Count y subject property in connection with the determination of the value of that property. Background This is an eminent domain matter in which plaintiff Santa Barbara County Flood Control and W ...

Excerpt: ...n to quash the subject subpoena for medical records is DENIED. 2. The motion for a protective order is GRANTED in part. The deponent is hereby ordered to produce, within 20 days:  Records pertaining to defendant's dementia from 01/01/18 to the present;  Records containing any mention of the 02/22/19 accident that is the subject of this civil action, including records relating to the deposition of defendant. To the extent that records subjec...

Excerpt: ...arrin gto Issues Motion to Compel Requests for Admission (Set Two) and Request for Sanctions; Motion to Compel Responses to Requests for Production of Documents (Set One) and Req Sanctions; Motion to Compel Responses to Special Interro gatories (Set One) and Request for Sanctio n Rulings For the reasons set forth below, the motions are GRANTED in part and DENIED in part. Sanctions are mandator y here; Plaintiff shall pa y Defendants three separat...

Excerpt: ...e motions are DENIED, as are the attendant requests for monetary sanctions since both sides were sufficiently justified in asserting their respective positions. Plaintiff's in camera submission, included a sworn declaration explaining her decision-making and attributed certain matters to defense counsel herein is an ex parte communication that must be disclosed to the Defendant. The clerk of the court is ordered to immediately serve a copy of the...

Excerpt: ...Issues 1. Motion for Determination of Good Faith filed b y Truman and ALSI (to gether, “Settlin g 2. OSC re contempt against Romo Feather 3. Romo Feather's request that Fa y and its attorne y, Cher yl Chan g, be held in contempt o f Protective Order of May 5, 2021. Rulings 1. For the reasons set out below the Motion for a Determination of a Good Faith Settleme n 2. For the reasons set out below on Fa y's Motion re: contempt (A) a gainst Romo Fe...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion is granted as to the first, third (as modified by the Court), fourth (as modified by the Court), fifth (as modified by the Court), and sixth (as modified by the Court) proposed classes and is denied as to the second proposed class. For the reasons explained below...

Excerpt: ... of $33,775 plus costs of suit of $721.41 to be paid forthwith. Analysis The background is very well known to the Court. On May 11, 2021, this Court granted Danaher's special motion to strike the Isla Vista lawsuit pursuant to California's Anti-SLAPP statute, Code Civ. Proc.§ 425.16. That ruling terminated this case in its entirety, and adjudicated Danaher as the prevailing party in this action. Danaher is entitled to recover her attorney's fees...

Excerpt: ...sustained with leave to amend. The motion of defendant Santa Barbara Unified School District to strike portions of plaintiff's complaint is granted with leave to amend, except as to the claim for treble damages. Any amended pleading shall be filed on or before July 16, 2021. BACKGROUND: This is an action for alleged sexual abuse of plaintiff John Doe (a pseudonym) when he was a high school student and a minor. Plaintiff alleges that he was the vi...

Excerpt: ...ndants Select Portfolio and RMBS REO Holdings to Strike Portions of First Amended Complaint RULING (1) As set forth herein, the demurrer of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the first amended complaint of plaintiff John Reed is sustained with leave to amend as to the fourth and fifth causes of action; is sustained without leave to amend as to the second cause of action; and is overruled in all other resp...

Excerpt: ... preliminary injunction should not be issued prohibiting Defendants from continued operation or use of the outdoor “Sports Complex” until such time as the parties resolve their disputes amicably or this action is fully and finally litigated. The OSC is set for December 14, 2021, at 11:30 am for trial. A 3-day hearing is estimated. Plaintiff to submit an appropriate order approved as to form by counsel for Defendant. The Motion [summarized] Th...

Excerpt: ...b y GRANTED. Court draws from the parties' lists and assembles the list of five proposed arbitrators as follows:  Hon. Patricia Schnegg (ret)  Hon. Frank Ochoa (ret)  David Tedesco, Esq.  Ray Madison, Esq.  Victoria Lindenauer, Esq. The parties are ordered to either select one individual from this list to act as the appointe d arbitrator, or to strike one name from the list, leavin g this Court to make the final selectio n from the...

Excerpt: [email protected]; Issues Plaintiff's Motion to Compel Deposition of Defendant [Filed 4/27] Defendant's Motion for Protective Order [Filed 5/7] Ruling For the reasons set out below plaintiff's motion to compel is DENIED, defendant's motion for a protective order is GRANTED, but the concomitant request for monetary sanctions is DENIED. Analysis This is a personal injury action stemming from an automobile accident. Before the Court this da...

Excerpt: ...sue Demurrer of Defendants Humberto Alcaraz Paz dba Alcaraz Delivery Service and J. Abel Arevalo Garcia to Complaint; Motion for Change of Venue of Defendants Humberto Alcaraz Paz dba Alcaraz Delivery Service and J. Abel Arevalo Garcia RULING The demurrer of defendants J. Abel Arevalo Garcia and Humberto Alcaraz Paz dba Alcaraz Delivery Service to plaintiff's complaint for misjoinder of parties is sustained with leave to amend. Any amended pleadi...

Excerpt: ...ent Debtor; Request for Monetary Sanctions RULING Plaintiff's motion to compel defendant to respond to the document subpoena and to produce all responsive documents without objection is granted. Plaintiff is awarded monetary sanctions in the sum of $3,060. BACKGROUND Plaintiff Partners Personnel-Management Services, LLC is a limited liability company engaged in the business of providing temporary labor to businesses. Defendant Tricap Internationa...

Excerpt: ... Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Steinfeld, Beth A. Collins, Brooke M. Wangsgard, Brownstein Hyatt Farber Schreck, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Petition For Writ of Mandate; Petitioner contends that Co...

Excerpt: [email protected] ISSUE Demurrer of Defendant to Complaint RULING For the reasons set forth herein, the demurrer of defendant Young Brothers Construction Company to the complaint of plaintiff KHP IV Santa Barbara, LLC, is sustained with leave to amend. Plaintiff shall file and serve its first amended complaint on or before June 9, 2021. Background As alleged in plaintiff's complaint: On September 13, 2019, plaintiff KHP IV Santa Barbara, LLC (KHP...

Excerpt: ...ault. Emails: [email protected]; [email protected]; rhys.boyd- [email protected] HEARING Demurrer by defendant State of California to Fourth Cause of Action Motion to strike by defendant State of California RULING The demurrer is sustained, with leave to amend on or before June 8, 2021. As a result of the ruling on the demurrer, the motion to strike is moot. ANALYSIS Complaint: Plaintiffs Lin Lin and Levi Liu are the surviving heirs of d...

Excerpt: ...attorney fees and costs in a subsequent motion to be promptly filed. Analysis Synopsis: This is Landlord-Tenant litigation; Landlord provides rental units to students at the University of California in Isle Vista; the Subject Property here was a 3-bedroom unit with loft; was rented to 12 students includin g Tenant; student(s) slept in the loft; unit was red-tagged because it violated the law; because of that Tenant's lease was terminated by Landl...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; Issue Motion for Summary Judgment or Alternatively Summary Adjudication. Ruling For the reasons set out below the Motion for Summary Judgment is DENIED. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. But you kept it remarkably straightforward. Analysis The u...

Excerpt: ...holz Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Radius' Motion for Good Faith Settlement Ruling The motion for Good Faith Settlement is GRANTED. Analysis The Court acknowledges and appreciates the professional work done by counsel in this motion.[1] The case has been contentious at times. The Radius Motion [Sum...

Excerpt: ...p.com; [email protected]; [email protected]; [email protected]; [email protected]; HEARING (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Third Amended Complaint (2) Motion of Defendants Michael Corrigan and Corrigan & Company to Strike Portions of Third Amended Complaint RULING (1) For the reasons set forth herein, the demurrer of defendants Michael Corrigan and Corrigan & Company to the third amended complaint is over...

Excerpt: ...aintiff United Financial Group filed a verified complaint against White Lightening Transport, LLC, John Rance, Haul Masters, Dilraj Singh, and the Department of Motor Vehicles (Case NO. 20CV02176) alleging causes of action for (1) quiet title, (2) trespass to chattel, (3) conversion, (4) breach of written contract, and (5) declaratory relief. The complaint alleged that defendants Rance and White Lightening entered into a written loan agreement wi...

Excerpt: ...given one more chance to comply. Delaney's responses are due by May 11, 2021. The Case Management Conference will be called at 10 along with the L&M matter. Analysis[1] This case is set for an 8-day jury trial on June 29. 2021; MSC 64/21; time is of the essence. This motion involves issues of consequence; the Court has devoted time to it. The WP Motion The 131-page motion was filed 3/15/21; [summarized]; moves for an Order Compelling Further Resp...

Excerpt: ...linedinstlaw.com Issue Plaintiff's motion for a protective order; requests that: 1. Defendants and their counsel produce their PMQ for a second session of deposition at their own expense. 2. Defendants and their counsel to refrain from instructing Defendants' PMQ to not answer questions not involving privilege or work product as discussed in Plaintiffs' motion. 3. Defendants and their counsel to pay monetary sanctions in the amount of $5,400. Rul...

Excerpt: ...nses were submitted to the defense prior to the hearing. Defendants may refile depending on what the responses are. Since criminal charges are pending against Brown, his responses are stayed pending resolution of the criminal case. Sanctions are denied. All discovery cutoff dates including expert witness designation dates are set off against the new trial date of August 31, 2021. Analysis This case was filed in 7/2019. This is a complaint for mon...

Excerpt: ...or 11/5/21; time is of the essence. Plaintiff's 72-page motion was filed 3/4/21 and set for 4/27/21. The Court summarizes the motion: Barnett moves the Court for an order compelling Extreme Air to provide and serve further and complete responses to the following sets of discovery requests per California Code of Civil Procedure as Extreme Air provided incomplete and non- code compliant responses and document production: 1. Form Interrogatories –...

Excerpt: ...grouplaw.com; c yru Issue Plaintiff's Motion To Compel Deposition of Student X and Request for Sanctions RULINGS 1. On or before Ma y 5, 2021, SBCC shall disclose Student X's contact information, to the P deposition subpoena; 2. The scope of the deposition shall be limited to the issues which the Court characterized a 3. Student X does not have to give her name on the record, and she can simpl y be referred will not have to appear at the trial in...

Excerpt: ...e 1. Motion for Summary Judgment or Alternatively Summary Adjudication. 2. Case Management Conference [“CMC”] – will be called at the 10am calendar. Ruling For the reasons set out below Granger's Motion for Summary Judgment is GRANTED. The CMC is off calendar. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. Analysis The verifie...

Excerpt: ...for monetary sanctions by both sides are denied. BACKGROUND This is an action for personal injuries arising out of a motor vehicle collision. Plaintiff is Pedro Gomez (“Gomez”). Defendants are Anthony Cox (“Cox”) and EAN Holdings, LLC (“EAN Holdings”). As alleged in the complaint, on June 18, 2017, Gomez was traveling northbound on U.S. Highway 101 in the County of Santa Barbara and had come to a complete stop behind traffic when his ...

Excerpt: ...bara and Board of Supervisors of the County of Santa Barbara: Michael C. Ghizzoni, Lina Somait, Office of the County Counsel For Real Parties in Interest Santa Barbara Westcoast Farms, LLC, and Scott Rudolph: A. Barry Cappello, Lawrence J. Conlan, Wendy D. Welcom, Cappello & Noel LLP; Deborah M. Rosenthal, Fitzgerald Yap Kreditor LLP HEARING (1) Demurrer of Real Parties to First Amended Petition (2) Motion of Real Parties to Strike Portions of Fi...

Excerpt: ...mu l Issue Motion for Summary Judgment or Alternatively Summary Adjudication Ruling For the reasons set out below the Defendants' Motion is GRANTED. There is an Order su b that the Court intends to sign. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] T has been contentious; at times acrimonious. Analysis Summary judgment is appropriate where there is no triable issue as to any materia...

Excerpt: ...ings, Inc.: Steven M. Dailey, Rebecca L. Wilson, Kutak Rock LLP Emails: [email protected]; [email protected]; [email protected] RULING (1) As set forth herein, the general and special demurrers of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the complaint of plaintiff John Reed are sustained with leave to amend. Plaintiff Reed shall file and serve his first amended complaint on or befor...

Excerpt: ...; [email protected]; MATTER Plaintiff's Motion to Compel Further Responses to Special Interrogatories and Request for Production of Documents; Request for Monetary Sanctions RULING Plaintiff's motion for order compelling defendants to provide further responses to special interrogatories and request for production of documents is granted in part and denied in part. Defendants' further responses and all responsive documents shall be provided on or be...

Excerpt: ...Brisbois Bisgaard & Smith LLP for defendants Norma Demonteverde, Rodolfo Demonteverde, Rhoda Ann Demonteverde, and Homecare Casa Rhoda 123, Inc. John A. Reyes / Lauren John Udden for cross-complainant Homecare Casa Rhoda 123, Inc. Emails: [email protected]; [email protected]; [email protected] RULING The motion is granted. Background Plaintiff Karen Dacome filed her complaint on June 13 2019, alleging twelve cause...

Excerpt: ...n Management Specialists, and Troy Mounts, MD Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] RULING The motion of the non-party witnesses to quash the deposition subpoenas for personal appearance and production of documents is granted, in part. Movants are onl y required to produce those medical and billin g documents and records in their possession, custody, and control relating to ...

Excerpt: ...thew H. Aguirre, Kirby & McGuinn, APC Emails: [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the motion of defendants Fay Servicing, LLC, and U.S. Bank for summary judgment or alternatively for summary adjudication is denied in its entirety. Background Plaintiff Romo Feather, Inc., (Romo) is the holder of title to real property located at 670 Romero Canyon Road, Montecito (the Property). (P...

Excerpt: ...vidually and dba Arnett Gunson Facial Reconstruction, G. William Arnett, DDS, individually and dba Arnett Gunson Facial Reconstruction, and Lori Heinze, PA Emails: [email protected]; [email protected]; [email protected]; bowen@hhc- slo.com RULING The motion for summary judgment of defendant G. William Arnett, DDS is granted. The motion for summary adjudication of defendants Michael J. Gunson, MD, DDS, individually and dba Arnett Gunson Facial Reconst...

Excerpt: ...djevic Benjamin C. Wohlfeil for Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich Emails: [email protected]; [email protected]; [email protected] RULING The four motions of defendants to compel further depositions of plaintiffs Joi Stephens, John Stephens, Ryan Chacon, and Alexandra Djordjevic are granted as set forth herein. The request for monetary sanctions is denied. BACKGROUND This is a legal malprac...

Excerpt: ...fendants to First Amended Complaint RULING For the reasons set forth herein, the demurrer of defendants Bolling Ventures, LLC, and Andrew Bolling to the first amended complaint of plaintiff Chuck Rylant is sustained, with leave to amend, as to each cause of action therein. Plaintiff shall file and serve his second amended complaint on or before March 24, 2021. Background As alleged in plaintiff's first amended complaint (FAC): Defendant Bolling V...

Excerpt: ...RING Demurrer of Defendants to Eighth Amended Complaint RULING On the Court's own motion (Code Civ. Proc., § 436, subd. (b)), the Court strikes the demurrer of defendants for failing to comply with the mandatory pre-filing meet-and-confer requirement of Code of Civil Procedure section 430.41, subdivision (a), and for failing to file a declaration regarding compliance with such requirement with the demurrer. Hearing on the demurrer is therefore o...

Excerpt: ...espondent State Farm Mutual Automobile Insurance Companies: Stephen C. Pasarow, Karie E. Schroder, Knapp, Petersen & Clarke Emails: [email protected]; [email protected]; [email protected] HEARING (1) Motion of Petitioner to Compel Arbitration (2) Motion of Petitioner to Compel Responses to Special Interrogatories, Set One (3) Motion of Petitioner to Compel Responses to Form Interrogatories, Set One (4) Motion of Petitioner to Compel Responses to R...

Excerpt: ...d Motion for Sanctions Ruling The Court denies plaintiff Tine F. Sloan's motion to compel further responses to plaintiff's requests for production of documents, set one, as moot and not directed to the amended responses served the day before the motion was filed. The Court orders plaintiff Tine F. Sloan's counsel to pay, on or before March 16, 2021, a monetary sanction in the amount of $1,000 to defendant Gregg Patronyk's counsel. Background Plai...

Excerpt: ...com; [email protected]; [email protected]; Cali.Law- [email protected]; [email protected]; Issue Motion to Compel Records and Request for Sanctions Ruling The Court grants, in part, defendant County of Santa Barbara's motion to compel further responses to special interrogatories, requests for production, and requests for admissions. The Court orders plaintiff Isabel Seife to provide, on or befo...

Excerpt: ...David Snider: Robert B. Forouzandeh (Reicker, Pfau, et al.) Issue Motion for Preliminary Injunction Ruling: The Court grants the motion of plaintiff ECO Propert y Group, LLC, on behalf of Morongo Equity Partners I, LLC, for a preliminary injunction. The Court imposes a preliminary injunction against defendants Snider Investments, LLC, and David Snider from causing Morongo Equity Partners I, LLC, to sell, encumber, distribute, or otherwise dissipa...

Excerpt: ...David P. Ramirez / Richard D. Seely of Tyson & Mendes LLP for Intervenor Seneca Specialty Insurance Company, on behalf of defendant Irontown Housing Corporation, Inc., a suspended California corporation. ISSUES Demurrers; Motion to Strike RULINGS For the reasons explained below, the demurrers are sustained, without leave to amend as to the second cause of action for recovery of compensation paid to an unlicensed contractor, and are sustained, wit...

Excerpt: ...he Court will enter the proposed order plaintiff submitted, except the Court will cross out Item 4 in the order because the order is being issued after hearing, not ex parte; the Court will add $1,000 to Item 5.d. Background This action involves a dispute over a 1965 Ford Mustang. In her verified complaint, plaintiff Kathleen Johnson alleges: She is the owner of the vehicle and is entitled to possession of it. She alleges that in April 2020, the ...

Excerpt: ...E Email addresses: [email protected]; [email protected] barbara.ca.us; [email protected]; [email protected]; john @ mind ybi Issue County's Motion for bifurcation. Park District joins in the motion. Ruling For the reasons set out below the Court DENIES the motion to bifurcate the trial. Background The case was filed in 10/2019; now set for trial in 10/21. Although long ago designated comple x the Court has not been able to get th...

Excerpt: ... to Quash and for Protective Order as to Deposition of Defendant Reicker, Pfau, Pyle & McRoy, LLP RULING As set forth herein, the motion of defendants for a protective order as to the deposition of defendant Reicker, Pfau, Pyle & McRoy, LLP, is granted in part and denied in part. The motion is granted, subject to the provisos set forth herein, to permit counsel for the person most qualified of the deponent- defendant to be physically present with...

Excerpt: ...t to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution Ruling The Court denies in part and grants in part defendants Craig Saling, Santa Barbara Merchant Services., Inc., and Tack & Jibe, Inc.'s Motion to Vacate Judgment Pursuant to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution. The Court orders t...

Excerpt: ...ts RULING Plaintiffs' motion for order enforcing the consolidated judgment and awarding attorney's fees and costs is denied without prejudice for the reasons set forth herein. BACKGROUND This action involves a view easement dispute. Plaintiffs Patrick Corrigan and Margaret Ingalls are the owners of real property located at 836 Jimeno Road and 1402 Grand Avenue. Both properties are situated in the Riviera neighborhood of Santa Barbara where reside...

Excerpt: ... dba L.A. Care Health Plan Email addresses: [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Demurrer to First Amended Complaint RULING For the reasons set forth herein relating to plaintiff's failure to allege compliance, or excuse from compliance, with the mandatory claim presentation requirements, defendant's demurrer to plaintiff's first amended c...

Excerpt: ...ssue Parrish's Motion to Recover Stock Certificates Ruling The motion is DENIED. The Court will not accept Parrish's invitation to exercise its equit a a certificate of sale issue for the Avenatti Certificates; that the Doppio Certificate is declar that the Doppio Certificate be re-issued in Parrish's name with appropriate credit given t o Parrish. Analysis The case was last on calendar on 1/5/21; it was continued to 2/2/21 so that Parrish could ...

Excerpt: ...om; [email protected]; [email protected]; [email protected]; [email protected] Issue Pacific Diagnostic's Motion to Compel Compliance or, in the Alternative, Motion for Evidentiary Sanctions; and Request for Monetary Sanctions Ruling The Court denies Pacific Diagnostic's motion to compel compliance or, in the alternative, motion for evidentiary sanctions and request for monetary sanctions. Background This is ...

Excerpt: ...w.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Motion for Evidence and Issue Preclusion Sanctions or, in the Alternative, to Compel Further Discovery Responses. RULING The motion of defendant Esperer Holdings, Inc. for issue or evidence sanctions or to compel plaintiff 1998 Ampersand Aviation, LLC to provide further discovery responses is denied. BACKGROUND In these con...

Excerpt: ...homas & Engbloom Law Group LLP For Defendant CBIZ, Inc.: Sean P. Nalty, Jenny H. Wang, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Second Amended Complaint (2) Demurrer of Defendant CBIZ to Second Amended Complaint RULINGS (1) For the reasons se...

Excerpt: ...nz's 1 st Cause of Action for Defamation in the Cross-Complaint be sustained? Ruling Barnett's demurrer is sustained as set forth below. Barnett's answer to the Cross-Complaint [2 nd Cause of Action] is due February 19, 2021. The CMC set for 8:30 am will be called at the 10 am calendar with the L&M matter. ANALYSIS The Demurrer Filed 10/5/20; sets out two counts: (1) Defamation, and (2) Breach of Contract. The demurrer is to the First Cause of Ac...

Excerpt: ...rus Khosh-Chasm For Defendant Rucker [“Rucker”]: Darren W. Epps Discovery Referee [“DR”]: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Dungey's motion to compel SBCC to respond further, without objections, to Special Interrogatory No. 33, and for sanctions. Ruling Dun...

Excerpt: ...” sometimes “plaintiff”]: Rachel Saur; Kelli D. Burritt For Defendant Santa Barbara Community College District [sometimes “SBCC,” sometimes “defendant”]: Molly E. Thurmond; Cyrus Khosh-Chasm Defendant Rucker: Darren W. Epps Discovery Referee: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ra@carri...

Excerpt: ...ficates, Series 2007-B Emails: [email protected]; [email protected] RULINGS: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's residence pending completion of this action or further order of the court. As a condition of the preliminary injunction, plaintiff shall make all back payments due under the contested loan modification agreement, if any, and make all current...