Excerpt: ...r L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Klinedinst PC Emails: [email protected]; [email protected];[email protected]; [email protected] RULINGS: (1) For the reasons set forth herein, plaintiffs' motion for leave to file an eighth amended complaint is granted. On or before January 27, 2021, plaintiffs shall file and serve their amended complaint substantially in the form of the proposed eighth amended complain...

Excerpt: ...ristopher Lee and New Standard Construction, Inc. Emails: [email protected]; [email protected]; [email protected] RULING: The demurrer is overruled as to the negligence, nuisance, and intentional infliction of emotional distress causes of action, and sustained as to the breach of CC&Rs cause of action, and as to the complaint as a whole with respect to Patti Walters as an individual. The Court will allow plaintiff leave to file a First Amended Com...

Excerpt: ...appellonoel.com; [email protected]; [email protected]; The Court did not find an email address in the file for Avenatti. Rulings: For the reasons set out below the matter is continued to March 2, 2021 so that Parrish can give notice to Lisa Storie-Avenatti. Analysis: The complaint was filed in 2018. The case was last on calendar on 9/1/20; the Court's analysis at that time is helpful to the Court in its analysis today. The underlying...

Excerpt: ...CO”] Robert B. Forouzandeh for David Snider, Snider Investments, LLC, Snider Interests, LLC, Morongo Equity Partners II, LLC, Intervenor Complainant Morongo Equity Partners I, LLC Travis C. Logue, Nathan C. Rogers for Morongo Equity Partners I, LLC [“Morango”] Howard D. Hall, Taylor Dalton for Reprop Investments, Inc [Reprop”] James T. Ryan, Jason D. Annigian for Eli Owens [“Owens”], Roger MacFarlane [“MacFarlane”], Gary Walker [�...

Excerpt: ...��PEA” sometimes “PE”] David Davidson attorney for former potential intervenor [“USSIC”] Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Rulings: The demurrer is overruled; the answer to be filed by January 22, 2021. Background [summarized] This original complaint in this case was filed on 4/30/20; time extensions...

Excerpt: [email protected] Rulings; For the reasons set out in the Court's Conclusions [see below] the Court rules: Motion #1. Plaintiff will provide responses to requests for production Nos. 1-12, 13, 14-26, and 28-34 without objections. Motion #2. Plaintiff will provide further responses to the Special Interrogatories set forth below without objection. Motion #3. Plaintiff will provide further responses to Request for Admission Nos. 1-3 and 7-10 and No. 1...

Excerpt: ...”] is represented by Robert J. Stoll, Jr., Robert J. Stoll III Emails: [email protected] ; [email protected]; [email protected]; [email protected]; Ruling: For the reasons set forth below in the Court's Conclusions:  Motion #1. Respondent shall provide verified responses, without objection and further verified responses without objection to Form Interrogatory Nos. 2.3, 2.5, 2.6, 4.1, 6.2, 6.3, 6.4, 6.5, 6.7, 7.1, 7.2, 8.8, 10....

Excerpt: ...9 WP filed a request for an order compelling Delaney to forthwith serve further responses to Form Interrogatories – General [Set No. One (1)] and included Interrogatory 17.1 regarding Delaney's Responses to Requests for Admission [Set No. One (1)] served concurrently with WP's Form Interrogatories; served on February 10, 2020; lengthy time- consuming communications and issues arose; despite numerous communications between attorney Cohn and atto...

Excerpt: ...mh.com; [email protected]; [email protected]; reisz@mmrs- law.com; [email protected] Rulings: For the reasons set out below in the Court's Conclusions the Court grants Lavin's Motion to Compel Arbitration and will stay the litigation pending arbitration between Varr and Lavin. Analysis This litigation arises out of the lawsuit filed in 9/2020 by Varr; involves her purchase of residential real property located at 133 East Alamar Ave., Santa ...

Excerpt: ...a further response to Special Interrogatories (Set One) propounded by Defendants Gunson, Arnett and Heinze. 3. Kimberly is further ordered to serve a further response to the Request for Production of Damages (Set One) propounded by Defendant Gunson, and is ordered to produce signed authorizations for the out-of-state medical providers. 4. All further responses and documents are ordered to be produced by December 18, 2020. 5. The request for sanct...

Excerpt: ...dant Bond: Gary D. Fields Defendant Grassini: Clayton T. Graham Emails: [email protected]; [email protected]; [email protected]; [email protected]; Rulings: l. The Motion to Compel Further Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide further responses as requested in defendant's motion as to Form Interrogatories 8.4 and 12.1. Plaintiff is to provide further responses no lat...

Excerpt: ...nalysis The Plaintiffs 7AC was filed 10/6/20 and is framed in 9 counts: 1. Elder Abuse (Financial) 2. Elder Abuse (Physical/Emotional) 3. Legal Malpractice 4. Breach of Fiduciary Duty 5. Conversion 6. Accounting 7. Intentional Misrepresentation 8. Concealment 9. Intentional Interference With Expected Inheritance Demurrer On 11/9 Defendants filed a demurrer to the 7AC contending that: Counts (1)-(6) and (9) are time-barred and are uncertain as to ...

Excerpt: ...Cross- Complainants”]; Jason D. Annigian and James T. Ryan Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Ruling: 1. The MEPI demurrer to the First Cause of Action for Breach of Contract that Cross-Complainants Newby, Owens, MacFarlane and Walker allege in their Cross-Complaint is OVERRULED. Their answer shall be filed by December 15, 2020. 2. This case is also on the CMC calendar a...

Excerpt: ... is DENIED. Background On August 23, 2018, Novacoast filed this action against Symantec and DigiCert. Defendants filed an answer in 10/2018; a trial date was set at the request of Novacoast; the parties stipulated to continue it because of issues that presented in discovery; Novacoast added eight new causes of action; On August 2, 2019, Novacoast filed its first amended complaint (“FAC”). After a Demurrer was sustained Novacoast filed its sec...

Excerpt: ...cino) Email addresses: [email protected]; [email protected]; [email protected]; [email protected] Rulings: 1. The Court overrules County of Santa Barbara's demurrer to plaintiff Ana Esquivel's first amended complaint. 2. The Court overrules Isla Vista Recreation and Park District's demurrer to plaintiff Ana Esquivel's first amended complaint. 3. The Court denies Isla Vista Recreation and Park District's motion to str...

Excerpt: ...n ATTORNEYS: For Petitioner Santa Barbara Coalition for Responsible Cannabis, Inc.: Marc Chytilo, Ana Citrin, Law Office of Marc Chytilo, APC; Courtney E. Taylor; Robert A. Curtis, Foley Bezek Behle & Curtis, LLP For Respondents County of Santa Barbara and Santa Barbara County Board of Supervisors: Michael C. Ghizzoni, Lina Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Stei...

Excerpt: ...nd Jerry Garcia's motion for a neuropsychological examination of plaintiff Suzannah Taylor, subject to conditions and the protective order set forth in this ruling. Counsel for defendants shall prepare an order. The examination shall take place on November 16, 2020, at 9:00 a.m., or such other time as agreed by the parties. Background This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling: The Demurrer and Motion to Strike are DENIED. Cross-Defendant to file his answer to the Cross- Complaint by November 25, 2020. Analysis Plaintiff CARP Property, LLC [“CARP”], commenced this action on August 9, 2019. In its complaint, plaintiff alleges that on March 15, 2016, Rafi Tarakjian [“Tarakjian”], sol...

Excerpt: ...n Association, not JAMS, in accordance with the Rules of the American Arbitration Association. BACKGROUND This action concerns a dispute over the determination of the adjusted monthly rent due under a commercial lease agreement. Petitioners Jeffrey B. Panosian and Claire B. Panosian are the owners of real property located at 302-306 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Market, a retail supermarket. Petitioners lease...

Excerpt: ... of Santa Barbara Randall F. Koenig for Defendant and Cross-Complainant Rosser International, Inc. Nicole G. Thal for Cross-Defendant Cini-Little International, Inc. For the Trial: Plaintiff's Trial Counsel: Michael C. Ghizzoni, County Counsel, Johannah Hartley, Deputy County Counsel, Robert 0. Owen, Douglas J. Dennington. Trial Counsel for Defendant Rosser: Randall Koenig, Wilfred A. Llaurado and Bryan Oberle. Trial Counsel for Cross-Defendant C...

Excerpt: ...tiffs for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion by Zoom and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the court at this time. (2) Notice having been given of the lodging of documents conditionally under seal without the intention of moving to seal those documents and the time for the filing of a motion to s...

Excerpt: ...dba L.A. Care Health Plan: Kevin E. Gilbert, Nicholas D. Fine, Orbach Huff Suarez + Henderson LLP RULING: For the reasons set forth herein, the demurrer of defendant Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan is sustained, with leave to amend, as to each of the causes of action of the complaint. Plaintiff Santa Barbara Cottage Hospital shall file and serve its first amended complaint on or before November 1...

Excerpt: ...ld.com; [email protected]; [email protected] Ruling: Pinskys' motion to tax costs is DENIED. Analysis This motion to tax costs was filed 9/29/20. The particular items of costs that Pinskys seek to strike are the following: Item No. 1, Filing and motion fees - $1,145.00; Item No. 10, Attorney fees - Amount set forth in separate Motion; Item No. 14, Fees for electronic filing or service - $108.15. Subsequently on 10/13/20 this Court ru...

Excerpt: ...nment & Infrastructure Solutions, Inc [“EIS”] is represented by William S. Edic. Email addresses; [email protected]; [email protected]; [email protected]; Rulings: For the reasons set out below 1. The Motion for Summary Judgment is GRANTED. 2. EIS's evidentiary objections: Objection #1. Rental documentation attached as Exhibit A to the Declaration of Plaintiff's Attorney John B. Richards – Grounds for objection: Hearsay; lack of f...

Excerpt: ...ant [“State of California”] is represented by Michael Harrington. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling. The motion is GRANTED. A “proposed order” was previously submitted on 4/14/20 that appears to be still viable and the Court intends to sign it unless District submits a different order prior to the hearing. Analysis...

Excerpt: ...om; [email protected]; [email protected]; RULING: The petition for writ of mandate of petitioner Santa Barbara Coalition for Responsible Cannabis, Inc. is denied. The Court finds that when respondent County of Santa Barbara added the hoop structure amendment to the LUDC it did not abuse its discretion under CEQA, either by failing to proceed in a manner required by law or by making determinations not supported by substantial evidenc...

Excerpt: ...d attorney's fees in the amount of $131,372.00 against defendant HOA and intervenors the Pinskys. HOA and the Pinskys shall be jointly and severally liable for the fee award. BACKGROUND This action involves a view dispute between neighbors, plaintiffs Melvyn and Barbara Goldsmith (the “Goldsmiths”) and intervenors Milton and Elizabeth Pinsky (the “Pinskys”). The Goldsmiths and Pinskys own adjacent properties located in a common interest d...

Excerpt: ... judgment debtor Dr. R. Gregory Lowry, DDS, Inc., for a protective order is granted. Judgment debtors are not required to produce the individual tax returns of Dr. Gregory Lowry in response to the subpoena here at issue. All parties' requests for awards of monetary sanctions are denied. Background: On June 10, 2013, judgment was entered in this action on the stipulation of the parties. On July 18, 2014, an amended judgment was entered, nunc pro t...

Excerpt: ...r.com; [email protected] Ruling: For the reasons set forth herein, the motion of plaintiffs for final approval of the settlement of this class action is granted. Counsel for the plaintiff class shall prepare and lodge with the court a judgment consistent with this order and California Rules of Court, rule 3.769(h). Background This is a putative class action involving gift cards. Plaintiff Karen Powell is a California resident and consumer. Defe...

Excerpt: ...o quash service of summons for lack of personal jurisdiction and dismisses plaintiff Jacob O'Donnell's action against Mobility Lifter, LLC. Background On July 1, 2020, plaintiff Jacob O'Donnell filed a complaint against defendants Mobility Lifter, LLC (Mobility), and Health Wise at Home (Health Wise). Plaintiff alleges: Plaintiff had a brother and sister-in-law living in Massachusetts that he wanted to visit. Because his brother's home is not whe...

Excerpt: ...imothy Delaney [“Defendant”], is represented by Martin P. Cohn Emails: [email protected]; [email protected] Rulings: 1. Defendant shall serve his responses to Form Interrogatories - General [Set No. One (1)] no later than September 25, 2020, at noon; and 2. Defendant shall serve his responses to Special Interrogatories [Set No. One (1)] no later than September 25, 2020, at noon; and 3. Plaintiff's Requests for Admission [Set No....

Excerpt: ...an R. Cole, Metzger Law Group For Defendant NuSil Technology LLC (Doe 1): Melissa J. Fassett, Timothy E. Metzinger, Price, Postel & Parma LLP For Defendant Praxair, Inc. (Doe 2): Thomas C. Corless, Sue H. Kim, Wilson, Elser, Moskowitz, Edelman & Dicker LLP RULING: For the reasons set forth herein: (1) The demurrer of defendant NuSil Technology LLC is sustained, with leave to amend, to each of the causes of action of plaintiff Barbara Sanchez's co...

Excerpt: ... on December 29, 2017. Background On January 11, 2012, the court entered a Judgment by Stipulation in the amount of $9,538.42 in favor of plaintiff Citibank (South Dakota), N.A., against defendant Fernando B. Arroyo. On December 29, 2017, plaintiff filed an Acknowledgement of Satisfaction of Judgment, which had Case Number 1372356 in the caption and referenced a judgment entered on January 31, 2011, not January 11, 2012. (Case No. 1372356 involve...

Excerpt: ...mblisslegal.com; [email protected] RULING: For the reasons set forth herein, the petition of petitioner Jeremy Paul Santizo for issuance of a writ of mandate is denied. Background On February 19, 2020, A.J. Kretzmar, Driving Safety Officer for the California Department of Motor Vehicles, issued a Notification of Findings and Decision (Decision) following an administrative hearing held on February 13, 2020, regarding the revocation of the ...

Excerpt: ... plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc., are jointly and severally liable. Background On October 31, 2018, plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc. (Above All), filed a complaint for libel against Doe defendants. Above All is a flight school, private plane scenic tour company, aircraft maintenance facility, and charter flight operator operating at the Santa Barbara Airport. On or about...

Excerpt: ...al.) Ruling: The Court grants the motion of defendant David Snider; defendant and cross-complainant Snider Investments, LLC; and cross-complainant Morongo Equity Partners I, LLC, to transfer and consolidate Riverside Superior Court case Eco Property Group, LLC, an behalf of Morongo Equity Partners I, LLC v. Snider Investments, LLC, et al., Case No. PSC2002900. Background These disputes arise out of the formation of Southern California Cultivation...

Excerpt: ... of proof. Background This is a wrongful death action, brought by plaintiff Ana Cecilia Martinez, the mother of decedent Miguel Angel Martinez (decedent). The complaint, filed March 12, 2018, alleges a single cause of action for wrongful death against defendants Antonio Jaimez, Ciervo Farming Co. LLC, Goleta Farms LLC, Oxnard Coastal Investments LLC, RDC Farming LLC, and Does 1-100. The four named LLC defendants were dismissed by plaintiff on Oct...

Excerpt: ...laintiff Michael Herrera is sustained, with leave to amend, as to the second (elder abuse), third (negligent infliction of emotional distress), fourth (intentional infliction of emotional distress), fifth (breach of fiduciary duty), seventh (negligence), and eighth (accounting) causes of action, and is in all other respects overruled. Plaintiff shall file and serve his second amended complaint on or before September 16, 2020. Background As allege...

Excerpt: ... Floral Company Carpinteria, Inc.: Steven M. Selna, Robert W. Selna, Selna Partners LLP RULING: For the reasons set forth herein, the motion of plaintiffs Joseph Magazino, Sunshine Organics, LLC, Sunshine Organics Greens, Inc., for issuance of a preliminary injunction is denied. Background On October 15, 2015, plaintiff Sunshine Organics Greens, Inc. (Sunshine Greens) entered into a written agreement (Lease) with defendant Westland Floral Company...

Excerpt: ...o plaintiff Romo Feather, Inc.'s first amended complaint. Background In its First Amended Complaint (FAC), plaintiff Romo Feather, Inc. (Romo), alleges: Romo owns property at 670 Romero Canyon Road in Montecito. [FAC ¶1] Defendants Fay Servicing, LLC (Fay); U.S. Bank, N.A., as legal title Trustee for Truman 2016 SC6 Title Trust (Truman), and Attorney Lender Services, Inc. (Attorney) are engaged in efforts to foreclose on the property commencing ...

Excerpt: ...aye Scholer LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; RULINGS: (1) For the reasons set forth herein, the motion of Jules Vanden Berge to intervene in this action is granted. Intervenor Vanden Berge shall file and serve her complaint in intervention on or before August 31, 2020. (2) For the reasons set for...

Excerpt: ...mary judgment, the motion is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND In this action, plaintiff Laurie Ann Humberd has sued defendants Jackson and Engberg Medical Corporation dba Jackson Medical Group, Inc. (“Jackson Medical”) and Nancy Warner, NP (“Warner�...

Excerpt: ...r Rocha and Sons Transport, LLC Gerald B. Velasco of Stratman, Schwartz & Williams-Abrego for RC Tractor Parts RULING: With respect to plaintiffs' complaint, the motion to summarily adjudicate the first through sixth causes of action in Rocha's favor is granted; in all other respects, the motion is denied. With respect to the cross- complaint filed by RC Tractor Parts, the motion is denied. Background This action, filed on December 21, 2018, aris...

Excerpt: ...ued by Plaintiff Joi Stephens to Jacquelyn Quinn Attorneys: For Plaintiff: John B. Richards For Defendant: Heather L. Rosing, et al. (Klinedinst PC – San Diego) Emails: [email protected]; [email protected]; Benjamin C. Wohlfeil ; Michael McNally [email protected] Ruling: Defendants' three motions to quash deposition subpoenas are moot as the subpoenas were withdrawn after the motion was filed. The Court orders...

Excerpt: ...h the deposition subpoena issued to Quest Diagnostics and modifies the subpoena to request documents as follows: all documents that reflect Damian Garcia's compensation and benefits from commencement of his employment to present; all documents that refer, relate, or pertain to any discipline of Damian Garcia impacting his compensation and benefits; and all documents that refer, relate, or pertain to any request for accommodation of plaintiff for ...

Excerpt: ...co.santa-barbara.ca.us; [email protected]; [email protected]; RULING: The motion by claimants Arroyo Verde Farms, Inc. and Eagle Bay Enterprises, Inc. dba ProCan Labs for return of seized currency in the amount of $620,998.00 is denied. BACKGROUND On January 22, 2020, the Santa Barbara County Sheriff's Department pursuant to a search warrant seized $620,998.00 in U.S. currency and 1,800 pounds (323 jars) of cannabis oil from real p...

Excerpt: ....com RULING: The demurrer is sustained, with leave to amend on or before September 1, 2020, or such other later date as the Court might set at the hearing on this demurrer. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 201...

Excerpt: ...ion to Compel Compliance with Records Subpoena and Request for Sanctions ATTORNEYS: Samantha M. Baldwin for Plaintiff Suzannah Taylor Jessica Saldo for Defendants Mission Plumbing and Jerry Garcia Joel B. Douglas for Nonparty Santa Barbara Behavioral Health, Inc. Emails: [email protected]; [email protected]@statefarm.com; [email protected] RULING: Defendants' motion to compel nonparty medical provider to comply wit...

Excerpt: ...he court grants defendant Carolyn Maguire's motion for determination of good faith settlement with plaintiff Wyatt Dennett. Claims against defendant Carolyn Maguire for contribution or indemnity are barred as provided in CCP §§ 877 and 877.6(c). Background On August 22, 2019, plaintiff Wyatt Dennett brought this action for personal injuries he suffered on October 27, 2018, when he dropped to the ground from a deck on the premises at 830 Chelham...

Excerpt: ... the reasons explained herein, the demurrer is sustained, with leave to amend on or before September 1, 2020. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 2018, plaintiff's decedent, Alessandro Esquivel, a student at UCSB...

Excerpt: ...al, Inc.: Randall F. Koenig, Bryan C. Oberle, Koenig Jacobsen LLP For Cross-Defendant Cini-Little International, Inc.: Sharon Sanner Muir, Nicole G. Thal, Collins Collins Muir + Steward LLP (For other parties see list) Emails: [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; steve...

Excerpt: ...l: [email protected]; [email protected]; Ruling sent RULING: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's property pending completion of this action or further order of the court. 2. The CMC is set for 10am. BACKGROUND This is an action for preliminary and permanent injunction to prevent defendants from foreclosing on plaintiff's property. Plaintiff Maria Herna...

Excerpt: ...administrative mandamus. The Court dissolves its September 18, 2019, order staying the license suspension and re-imposes the Department of Motor Vehicle's suspension of petitioner's driving privilege. Ruling sent Background This is a petition for writ of mandate and judicial review of the Department of Motor Vehicles (DMV) Findings of Fact and Decision dated August 17, 2019, which re-imposed the suspension of petitioner Julian Oscar Gerson's driv...

Excerpt: ...in, the motion of plaintiff and petitioner Las Posas Basin Water Rights Coalition to consolidate case No. VENCI00509700 and case No. 20CV02036 is denied. These two cases will remain as separate, related cases. Background: There are two cases involving plaintiff and petitioner Las Posas Basin Water Rights Coalition (Coalition) and defendant and respondent Fox Canyon Groundwater Management Agency (Fox Canyon): Las Posas Valley Water Rights Coalitio...

Excerpt: ...YS: For Plaintiff Joi Stephens: John B. Richards For Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Kleindinst PC Email addresses: [email protected]; [email protected]; [email protected]; Emailed 7/17 RULINGS: (1) As set forth herein, the motion of plaintiff Joi Stephens to compel further responses to plaintiff's request for production of ...

Excerpt: ...ds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND This is an action for alleged dental malpractice arising out of the care and treatment of plaintiff Corey Norgren by defendants Omid R. Barkhordar, D.D.S. and Omid R. Barkhordar, D.D.S., Inc. dba See Me Smile. On February 14, 2019, plaintiff pr...

Excerpt: ....'s Motion for Determination of Good Faith Settlement ATTORNEYS: Brian D. Chase for Plaintiffs Amirani Rios, a minor by and through her Guardian ad Litem Juan Rios, and Hiromi Rios, a minor by and through her Guardian ad Litem Juan Rios James J. Yukevich for Defendant Michelin North America, Inc. April C. Balangue for Defendant Costco Wholesale Corporation Sean Burnett for Defendant Omar Cabrera Email addresses: [email protected]; shiltz@bis...

Excerpt: ...otion to compel defendant Steven J. Sherwin's attendance at a remotely- conducted deposition. The Court denies the requests for monetary sanctions. Emailed 7/10 Background Plaintiffs' complaint, filed June 12, 2018, alleges causes of action for negligence, negligent infliction of emotional distress, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It aris...

Excerpt: ...st, second, and fifth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta with leave to amend. The Court overrules the demurrer of defendants William J. Gunson and Lori Heinze to the third and fourth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta. If plaintiffs choose to amend their operative complaint as to the first and second ca...

Excerpt: ... Trust u/d/t Dated November 13, 1987 Email [email protected]; [email protected]; [email protected]; RULING: 1. The motion of defendant Joi K. Stephens, trustee, to disqualify attorneys Mullen & Henzell, LLP from representing plaintiffs in this action is granted. Defendant's motion to strike all pleadings filed by Mullen & Henzell, LLP in this case and the related creditor claim proceedings is denied. 2. Another CMC is set, sua ...

Excerpt: ...chmidvoiles.com; Defendant Dr. Reddy's – [email protected]; RULING: Defendants' motion for summary judgment is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. Tentative and CMCO emailed BACKGROUND Plaintiff Laurie Ann Humberd's first amended complaint alleges a single cause of act...

Excerpt: ...tabarbaraca.gov) Tentative emailed Rulings: 1. The Court denies defendant City of Santa Barbara's motion for judgment on the pleadings or, in the alternative, to strike certain allegations. 2. The CMC and the Motion will both be heard on the 10am calendar. Background Plaintiff Santa Barbara Inland & Coastal Property Rights Association challenges the approach of defendant City of Santa Barbara to regulation of short term rental properties (“STRs...

Excerpt: ...ugh this settlement) Linda Claxton of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. for defendant Curbstand, Inc. Email addresses:[email protected]; [email protected]; [email protected]; Tentative Emailed RULINGS: The motions are both granted. There is a Proposed Final Judgment submitted that the Court intends to sign. Background Defendant Curbstand, Inc. is an investor-backed startup based in Los Angeles, whic...

Excerpt: ...ling: 1. The Court denies in part and grants in part defendants Moki Doorstep, Inc., a Delaware corporation; Zachary Brown, and Alyssa Brown's motion to dismiss or stay proceeding pursuant to CCP §§ 418.20 and 410.30. The Court orders that this proceeding is stayed as to the tenth cause of action in plaintiff Rodney Lewis's complaint. The Court denies the motion to dismiss or stay the proceeding in all other respects. 2. The Court grants defend...

Excerpt: ... & Stark and Alex Hartounian for defendant Peter Levy, D.C. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; Tentative emailed RULING: (1) Because there is no indication in the court file that Dr. Frawley has ever been provided with notice of the June 23, 2020, hearing date on the motion to compel his compliance with the subpoena duces tecum served upon him by defendant Levy, the Court will c...

Excerpt: ...d litem for plaintiff Jeffrey Hanson, for order approving compromise of pending action of person with a disability is granted as set forth herein. BACKGROUND: On February 26, 2018, plaintiff Jeffrey Hanson stepped off the curb into the cross-walk at the intersection of Hollister Avenue and Pine Street in Goleta, California when the light turned green and was immediately struck by a Ford F-250 pickup, which was traveling southbound on Hollister Av...

Excerpt: ...ardt, Ian A. Wright, Alston & Bird LLP For Defendant Gary Dorfman: Darren S. Enenstein, Ned M. Gelhaar, Dina Marie Randazzo, Ritsa Gountoumas, Enenstein Pham & Glass Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; RULING: (1) For the reasons set forth herein, the motion of defendant Gary Dorfman for determination that he is the prevailing party and for an award of...

Excerpt: [email protected]; Shahrokh@weinberg- gonser.com; [email protected]; RULING: The motion is granted. Background: Complaint Plaintiff ECO Property Group, LLC (ECO) filed the current complaint on September 17, 2019, naming as defendants Snider Investments (SI) and David Snider. The complaint states causes of action for breach of contract, breach of fiduciary duty, conversion, and fraud, among other claims, all arising from ECO's membership ...

Excerpt: ...Beach, Shawn Hagerty, Best Best & Krieger LLP RULING: For the reasons set forth herein, the motion of plaintiff for an award of attorney and expert fees pursuant to Code of Civil Procedure section 1036 is granted in part. The Court awards to plaintiff reasonable attorney fees and costs actually incurred because of this inverse condemnation proceeding in the amount of $1,007,397.00. Background On July 31, 2017, plaintiff Thomas Felkay, as trustee ...

Excerpt: ...R. Cagle, III (Hirschler Fleischer, PC – Richmond, Virginia) For Defendant Westerlay Orchids: Mark T. Coffin For Defendants Persoon: Nathan C. Rogers (Rogers, Sheffield & Campbell) Rulings: 1. The Court sustains the demurrer of defendants Westerlay Orchids LP; Antoine Overgaag, aka Toine Overgaag; RJW Equity Partners, LLC; TKO Properties, LLC; and Natural Fragrance Rose, LLC, to the second and fifth causes of action in plaintiff Perfected Rose,...

Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...

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

Excerpt: ...first amended complaint, without leave to amend. Background After the Court sustained the demurrer of defendants Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc. (“Jackson”), and Nancy Warner, NP (“Warner”), to plaintiff's complaint, plaintiff Laurie Ann Humberd filed her first amended complaint (“FAC”) for negligence, strict liability, and battery. Plaintiff asserts the negligence and strict liability causes o...

Excerpt: ...d. Background: Plaintiff filed her original complaint on September 7, 2018, naming as defendants Coldwell Banker Residential Brokerage Company and its agents or employees, Susan Burns, Susan Conger, and Kathleen Marvin. In her operative First Amended Complaint she alleges causes of action for (1) violations of Civil Code sections 1102, (2) fraudulent concealment, (3) breach of fiduciary duty, and (4) financial elder abuse. She alleges that, with ...

Excerpt: ...rikes the entirety of the complaint of plaintiffs Jasper Allen and Debra Jackson. The Court finds that defendant Caston is the prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Marianne D'Emidio-Caston (Caston). ...

Excerpt: ... to compel further responses to special interrogatories and form interrogatories, sets one, and motion to compel further responses to request for production of documents. The Court orders plaintiff Hee S. Yun to provide further responses to form interrogatories ##9.1, 9.2, and 14.1 and special interrogatories ##18, 19, 20, 21, 22, 26, 27, 30, 31, 39, 41, 42, 43, and 44. The Court orders plaintiff Steve Yun to provide further responses to form int...