Excerpt: ...ndant shall file and serve his answer to the complaint on or before January 8, 2020. BACKGROUND: This action stems from a motor vehicle collision. On the night of December 7, 2018, defendant Charles Stimson was traveling southbound in the 1200 block of San Andreas Street, Santa Barbara, when he collided with a parked vehicle in which plaintiffs Paul Gularte and Emily Gularte were passengers. Defendant failed to stop and continued to his residence...

Excerpt: ...s to call the CMC Calendar matter on this case at 9:30am; appearances at 8:30am are not expected. BACKGROUND: Plaintiffs Ajna Bayet (“Bayet”) and Kathleen Korsan (“Korsan”) are former employees of defendant Peter Levy, D.C., a chiropractor with offices located at 3710 State Street, Suite E, Santa Barbara, California 93105. On October 8, 2019, plaintiffs filed their first amended complaint alleging two causes of action against defendant. T...

Excerpt: ...strong Associates, Inc. Scott R. Baker for Defendant Advanced Drywall Solutions, Inc. James B. Cole for Defendant Mountain West Construction Group, Inc. Christopher E. Haskell for Defendant Anderson Systems, Inc. Anthony R. Strauss for Defendant Venco Western, Inc. Raymond A. Myer for Defendant All American Roofing, Inc. Michael P. Denver for Defendant Mission Ready Mix RULING: The motion of defendant Arlington Theatre Property, LLC to compel arb...

Excerpt: ...sica C. Cook, Stevenson Law Office; Robert Adler RULING: (1) For the reasons set forth herein, the demurrer of defendant Joi K. Stephens to the third cause of action (conversion) of plaintiffs' complaint is sustained with leave to amend. Plaintiffs Christopher S. Vincent and Shelby G. Vincent shall file and serve their first amended complaint, if they choose to do so, on or before January 2, 2020. (2) For the reasons set forth herein, the motion ...

Excerpt: ...arbitration and to stay action is granted as to plaintiff Armstrong Associates, Inc. and moving defendant. The remainder of the action is ordered stayed pending resolution of that arbitration. BACKGROUND: This is a construction dispute stemming from alleged defects and/or incomplete work performed in connection with the Arlington Village apartment complex (the “Project”) located at 1330 Chapala Street, Santa Barbara, California 93101. Defenda...

Excerpt: ...minary injunction. Background: On September 17, 2019, plaintiff ECO Property Group, LLC (“ECO”), filed its complaint against defendants Snider Investments, LLC (“SI”), and David Snider. SI filed a cross-complaint against ECO and its members Eli Owens and Roger MacFarlane. The dispute arises out of formation of Southern California Cultivation Partners, LLC, which was later renamed Morongo Equity Partners I, LLC (the “Company”). The Com...

Excerpt: ...rmitting all discovery motions to be heard on shortened time. The stipulation and order (filed October 18, 2019) provides for a December 6 deadline for fact witness depositions and any motion practice regarding fact discovery. The timing of filing papers for the motion is that the opposing party files its opposing brief within seven calendar days of the moving party's opening brief and a hearing as soon as practicable thereafter. (This arrangemen...

Excerpt: ...f the City Attorney RULING: For the reasons set forth herein, the motion of defendant City of Santa Barbara for summary judgment, or alternatively for summary adjudication, is granted in part and denied in part. The motion is granted to summarily adjudicate plaintiff Santa Barbara Inland & Coastal Property Rights Association's seventh cause of action in favor of defendant City. The motion is in all other respects denied. Background In this action...

Excerpt: ...Garvin, et al. – Pasadena) Ruling: The Court approves the class action settlement that plaintiff Leonard Ignacio and defendant Certified Freight Logistics, Inc. have reached. The Court approves an award of attorney fees to the firm of Mathew & George in the amount of $175,000; a claims administration fee award of $23,500 to ILYM Group, Inc.; and the Labor and Workforce Development Agency (LWDA) payment of $5,000. The Court will take up the amou...

Excerpt: ...Sharon Kennedy to the complaint of plaintiff Pickford Real Estate, Inc., is overruled. Defendant shall file and serve her answer to the complaint on or before December 4, 2019. Background John Alexander was the previous trustee of the Alexander Trust dated May 4, 2007 (Trust). (Complaint, ¶ 2.) Alexander died on May 11, 2018. (Complaint, ¶ 12.) (Note: Insofar as the date of Alexander's death is alleged in the complaint as the same date appearin...

Excerpt: ...tion to Confirm Arbitration Award. Since the proposed judgment is an exhibit to a pleading, petitioner shall submit a separate judgment for entry. Background Petitioner Hope Village Maintenance Corporation and respondents John Pearley Huffman and Dana Huffman arbitrated disputes regarding compliance with Covenants, Conditions & Restrictions (“CC&Rs”) applicable to respondents' residence in a common interest development. On July 25, 2019, the ...

Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...

Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...

Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...

Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...

Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...

Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...

Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...

Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...

Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...

Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...

Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...

Excerpt: ...h herein, the motion of defendant Armstrong Associates, Inc., joined by defendant Arlington Theatre Property, LLC, to compel arbitration is granted and plaintiff Alderman & Sons is ordered to arbitrate its claims. This action is ordered stayed pending completion of the arbitration or further order of the court. Background On April 15, 2019, plaintiff Alderman & Sons, Inc., (Alderman) filed its complaint in this action for breach of contract and f...

Excerpt: ...ette C. Brouses, Shannon Popovich, Michael A. Eger, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP For Defendants Amy Boyle and Century 21 Butler Realty: Daniel S. Cho, Joshua W. Miller, Nicolson Law Group, PC RULING: Subject to confirmation at the hearing on this matter of the petitioner's intent as to payment of settlement proceeds as discussed herein, the petition to approve the compromise of minor plaintiff Chloe Doherty is granted. Backgro...

Excerpt: ...ymour For Respondent/Defendant: Timothy E. Metzinger, et al. (Price, Postel & Parma) Ruling: The Court grants petitioner/plaintiff Painted Cave Ad Hoc Committee's motion for a preliminary injunction to enforce the Brown Act and motion for peremptory writ of mandate to enforce the California Public Records Act. Counsel for petitioner/plaintiff shall prepare orders consistent with the ruling below. Petition and Complaint On March 22, 2019, petition...

Excerpt: ...nd for failure to plead an actionable claim. The Court finds that defendant's use of the term “artisan” in its snack cracker products is not deceptive or misleading to the average consumer as a matter of law. The Case Management Conference is ordered off calendar as unnecessary under the circumstances. BACKGROUND: This is a putative class action lawsuit. Plaintiff Jennifer O'Neil, individually and on behalf of all other purchases of Blue Diam...

Excerpt: ...onal infliction of emotional distress cause of action is sustained, with leave to amend on or before September 10, 2019. BACKGROUND Second Amended Complaint: Plaintiff filed her original complaint on April 30, 2019, and her first amended complaint on June 7, 2019, prior to defendant's appearance in the case. Plaintiff's second amended complaint (SAC) was filed July 3, 2019, pursuant to the stipulation of the parties. The SAC alleges causes of act...

Excerpt: ... denied. BACKGROUND: This is an action for personal injuries allegedly sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant, 514 State Street, Santa Barbara, California, broke, causing him to fall and hit his head. Defendants Old Town Hospitality, Inc. and Aron Ashland are the owners of the Sandbar Restaurant. Defendant Teak Warehouse, Inc. is the manufacturer of the chair that failed. Plaintiff alleges that there had...

Excerpt: ...erre Calonne, Tom R. Shapiro, Office of the City Attorney of Santa Barbara; Michael G. Colantuono, Ryan Thomas Dunn, Aleks R. Giragosian, Colantuono, Highsmith & Whatley, PC RULING: (1) For the reasons set forth herein, the motion of defendant City of Santa Barbara for an award of attorney fees pursuant to Code of Civil Procedure section 2033.420 is denied. (2) As set forth herein, the motion of plaintiffs Rolland Jacks and Rove Enterprises, Inc....

Excerpt: ...Petitioner/Plaintiff: Joseph Liebman; Steven H. Kaufman (Nossaman LLP – Los Angeles); Richard Monk (Hollister & Brace) For Respondent/Defendant: Kendall H. MacVey (Best Best & Kreiger – Riverside); Bruce W. Beach (Best Best & Krieger – San Diego) Rulings: 1. The Court denies City of Santa Barbara's motion for summary judgment or, in the alternative, summary adjudication of issues, or motion for legal ruling under CCP § 1260.040. 2. The Cou...

Excerpt: ...lich, Lena J. Marderosian, Dawn Cushman, Bradley & Gmelich LLP For Defendants Alma Del Pueblo Owners Association and The Management Association Inc. dba The Management Trust: Jeff Hsu, Patrick A. Gillispie, Murphy, Pearson, Bradley & Feeney For Defendants Samuel Hedgpeth and Sonia Rosenbaum: Michele L. Gamble, Rebecca J. Chmura, Collins Collins Muir + Stewart LLP For Defendants Jasmine Hale and Adams Stirling: Heather L. Rosing, Earll M. Pott, Br...

Excerpt: ... Holbrooke Sawyer Natalya Vasyuk for Defendants Calle Real Shopping Center, The Towbes Group, Inc., and Trader Joe's Company RULING: Plaintiff's motion to compel Trader Joe's Company to provide a further response to Request for Production No. 4 is denied. Trader Joe's request for monetary sanctions against plaintiff is denied. Plaintiff's motion to compel The Towbes Group to provide a further response to Special Interrogatory No. 30 is denied. Th...

Excerpt: ...Owners Association to Second Amended Complaint (3) Motion to Quash of Alma del Pueblo Owners Association re Subpoena to Pacific Western Bank (4) Motion of Jasmine Hale and Adams Stirling for Attorney Fees Following Grant of Special Motion to Strike ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D...

Excerpt: ... Employment and Housing Act (FEHA), harassment/hostile work environment (FEHA), failure to investigate or prevent harassment (FEHA), wrongful termination in violation of public policy, and declaratory judgment. Norton alleges: He was Sage's employee working in Camarillo in Ventura County and Santa Barbara in this Santa Barbara County. His employment was terminated on February 25, 2019, after a complaint of sexual harassment by another employee. H...

Excerpt: ...nce in person; no telephone appearances. Settlement briefs due one week in advance. 3. The trial date is November 12, 2019, with the Calendar Call at 11:30 am; the pretrial conference is set for 1:30 pm on 11/12; the jury panel to come over at 9 am on 11/13; the Court has reserved November 12 (1/2 day), 13, 14 and 15 and November 18, 19 (1/2 day), 20, 21, 22 for trial = 8 days. 4. The CMC set for 8/6 is vacated; a new CMC is set for: A. August 27...

Excerpt: ...Technologies Group, LLC: Edward Jason Dennis, Samuel B. Hardy, Christian A. Orozco, Lynn Pinker Cox & Hurst LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Traurig, LLP (For other appearances see list) RULING: For the reasons set forth herein, the motion of defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes to compel compliance with ...

Excerpt: ...motion for protective order is granted. Any further deposition testimony of Dr. Richard Hurvitz shall be taken by written, instead of oral, examination. Defendant is awarded monetary sanctions against plaintiffs' counsel, John B. Richards, in the sum of $5,760. BACKGROUND: This action arises out of a landlord tenant dispute. As alleged in the complaint, on July 10, 2015, plaintiffs Erin Murphey, Richard Doherty, and Chloe Doherty, a minor, began ...

Excerpt: ...a del Pueblo Owners Association re subpoena to Pacific Western Bank (continued from June 18); and (4) motion of Jasmine Hale and Adams Stirling for attorney fees following grant of special motion to strike (filed on May 17 and originally set for June 18, but continued on June 4 to July 16 at plaintiffs' request). Rulings: For the reasons set out below, and to avoid any prejudice 1. The Court will continue the hearing on all motions scheduled for ...

Excerpt: ...set for May 1, 2020. 3. The next CMC date of 10/8/19 is vacated and a new CMC date is set for March 31, 2010, to discuss the final discovery schedule including expert witness depositions. Analysis This is a personal injury action, based upon injuries sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant failed, and he hit his head. The incident occurred in April 2018, and the complaint was filed in August 2018. PMK dep...

Excerpt: ....C., to compel further responses to form interrogatories, set one, No. 15.1 is granted. Defendant Marco A. Frausto shall serve his verified further responses to form interrogatory No. 15.1 on or before July 17, 2019. Background: On September 19, 2018, plaintiffs J. Arthur Baer, III, and J.A. Ted Baer, a Professional Corporation, filed their original complaint in this action asserting causes of action against defendants Marco A. Frausto and Marco ...

Excerpt: ...gainst plaintiff, together with costs. BACKGROUND This is an action for personal injuries. On September 3, 2017, plaintiff Alyssa Nuno, then age 16, was at West Beach in Santa Barbara celebrating the Labor Day holiday with family and friends when an intense storm event known as a “microburst” struck the beach, creating 80 mile per hour wind gusts and heavy rain that sent umbrellas, kayaks, and other watercraft and debris flying through the ai...

Excerpt: ...yle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wholfeil, Klinedinst PC RULING: (1) For the reasons and on the grounds set forth herein, the general and special demurrer of defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich to plaintiffs' second amended complaint is sustained as to each cause of action. Plaintiffs shall file and serve their amended complaint (to be designated the fifth a...

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

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

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

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

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

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

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

Excerpt: ...the outset, the Court recognizes that this phase of the case is not stayed as a result of the SLAPP decision being appealed. An anti-SLAPP motion automatically stays ONLY trial court proceedings on causes of action affected by motion. (See Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180) Background: Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The operative ...

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondents Jeremy Lindaman, Dick Wolf, and The Bellosguardo Foundation to petitioner's first amended petition for writ of mandate is sustained without leave to amend. BACKGROUND: In this action, petitioner John De Herrera (“Herrera”), a local artist, seeks a writ of mandate commanding respondents Jeremy Lindaman (“Lindaman”), Dick ...

Excerpt: ...er; David R.E. Aladjem, Meghan M. Baker, Samuel Bivins, Downey Brand LLP For Defendants Ventura County Waterworks District No. 1, Ventura County Waterworks, District No. 19, and Ventura County: Michael J. Van Zandt, Nathan A. Metcalf, Sean G. Herman, Hanson Bridgett LLP (For other appearances see list) RULING: For the reasons set forth herein, plaintiffs' motion to be relieved of its service obligation under Code of Civil Procedure section 836 is...

Excerpt: ...for Admissions Be Deemed Admitted ATTORNEYS: Luis Alberto Padilla, Plaintiff In Pro Per Christopher Wilson, Defendant In Pro Per Nicole E. Hornick for Defendants Envision Healthcare Corporation and AMR, Inc. RULING: The motion for summary judgment of defendants AMR and Envision Healthcare is granted. Judgment is ordered entered in favor of AMR and Envision Healthcare and against plaintiff, together with costs. Defendants' three other motions are ...

Excerpt: ...of mandate filed by Thomas Felkay, as trustee of the Emprise Trust. The Court will consider setting a trial date to address the two counts of inverse condemnation [Temporary Regulatory Taking; U.S. Const. amend. 5; Cal. Const., art. 1, § 19] and invites your recommendations as to what those dates should be. Background: Thomas Felkay, as trustee of the Emprise Trust (“Emprise”), filed his petition for writ of mandate and complaint for inverse...

Excerpt: ...orestry and Fire Protection's first amended complaint. Background: Plaintiff California Department of Forestry and Fire Protection (Cal Fire) filed its complaint against Presbyterian Camp and Conference Centers, Inc. (PCCC), and Charles Eugene Cook III, asserting one cause of action for fire costs recovery under H&S Code §§ 13009 and 13009.1. The Court sustained PCCC's demurrer to the complaint with leave to amend. On November 7, 2018, Cal Fire...

Excerpt: ...ent on that date at the appointed time because he was called away to another matter. The Court agreed to accommodate his request to continue the matter one week so he could make his argument. Motion: Plaintiff Rabobank N.A. prevailed on summary judgment. It now seeks attorneys' fees and costs pursuant to Civil Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page o...

Excerpt: ...a further response to Request for Production of Documents No. 28 is granted. SCE is ordered to produce any and all documents and information furnished to the PUC relative to the Rey Fire. In all other respects, plaintiffs' motion to compel is denied. SCE shall produce the requested materials on or before March 15, 2019. BACKGROUND: Plaintiffs Daniel Bruckner and Janell Bruckner are the owners of the Ogilvy Ranch, a rustic ranch property with mult...

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

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

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

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

Excerpt: ...l Code section 1717. The notice of motion seeks a total of $17,954.41 in “attorney fees, legal expenses, and costs.” On the first page of the fee motion's points and authorities, the motion states that it seeks $14,362.50 in fees and $291.61 in legal expenses arising under the contract, and $1,115 as statutory costs of litigation as a prevailing party, for a total of $17,954.41. (p. 1, lines 3-4.) The Court notes that these figures actually a...

Excerpt: ...eave to amend.” If plaintiff elects to amend, the amended complaint must be filed by March 22, 2019. Background The complaint in this case was filed 5/15/18; the case has been continued three times because plaintiff was attempting to secure service; apparently that was accomplished, at least in part, albeit there is no Proof of Service on anyone filed. The Demurrer was filed on 1/22/19 by only two of the five defendants named in the complaint, ...

Excerpt: ...rein, the motion of plaintiff Tri-County Drywall & Interiors, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On September 14, 2016, plaintiff Tri-County Drywall & Interiors, Inc. (Tri-County) entered into a written subcontract (Contract) with defendant George C. Hopkins Construction Co., Inc. (Hopkins) to perform work in connection with a project known as “Mirasol” in Santa Barbara....

Excerpt: ... Truman 2016 SC6 Title Trust: Jana Logan, Kirby & McGuinn RULINGS: (1) For the reasons set forth herein, the motion of defendant U.S. Bank to expunge lis pendens is granted and the lis pendens recorded in connection with this action is ordered expunged. The Court awards statutory attorney fees in favor of defendant U.S. Bank and against plaintiff Denise A. Diller in the amount of $1,770.00 in connection with this motion, to be paid to counsel for...

Excerpt: ...urt denies petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association's application for a preliminary injunction and dissolves the temporary restraining order issued on January 31, 2019. Background On January 29, 2019, petitioner/plaintiff Santa Barbara County Deputy Sheriffs' Association (DSA) filed a petition for traditional mandate and complaint for declaratory and injunctive relief. Respondents are the County of Santa Barbara and ...

Excerpt: ... Graham S.P. Hollis / Nicole R. Roysdon of GrahamHollis APC for plaintiff Roberto Ramirez and class. Michael Brett Burns of Hunton Andrews Kurth LLP for defendants Baker Hughes Oilfield Operations, Inc., and Baker Hughes Oilfield Operations LLC RULING: The motion for stay is granted, and the Hockison portion of the coordinated action will be stayed for approximately four months, in order to allow the United States Supreme Court an opportunity to ...

Excerpt: ...o LLP for defendant Arlington Theatre Property, LLC RULING: The motion to compel arbitration, and to stay this action pending the completion of the arbitration proceedings, is granted. Background: This is an action to foreclose a mechanic's lien and for damages, filed by Advanced Drywall Solutions, Inc. (Advanced Drywall) on November 16, 2018. The complaint alleges that defendant Arlington Theatre Property, LLC (Arlington) is the owner of real pr...

Excerpt: ...ompel arbitration and stay proceedings. This case is on the Case Management Calendar and the Civil Law and Motion Calendar re: A motion to compel arbitration. The Court will call both matters at the 9:30 am calendar call. If the tentative is not changed, the Court will set a date for the answer to be filed [2/20/19] and a date for a CMC [3/19/19]. Petitioner Santa Barbara Nissan, LLC (SBN), petitions the Court to compel respondent Justin Damarin ...

Excerpt: ...t Carolina N. Pizarro: Ronald K. Giller, Hennelly & Grossfeld LLP RULING: For the reasons set forth herein, the motion of plaintiffs Thomas D. Pickett and Catherine M. Pickett, trustees of The Pickett Family 2000 Living Trust, dated December 14, 2000, Niklas Eriksson and Adrienne Eriksson for summary judgment or alternatively for summary adjudication is DENIED. Background: This action involves a dispute over the scope of rights to easements acros...

Excerpt: ...eputy City Attorney, for Respondents The Mayor and City Council of City of Santa Barbara RULING: The demurrer of respondent Santa Barbara County Board of Supervisors is sustained without leave to amend. BACKGROUND: Petitioner John De Herrera (“Herrera”) is an artist who lives and works in Santa Barbara. In 2014, respondent The Bellosguardo Foundation (“Foundation”), a 501(c)(3) non-profit corporation, was established and given title to th...

Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...

Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...

Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...

Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...

Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...

Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...

Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...

Excerpt: ...: “According to the complaint, this case arises out of an October 20, 2015 car accident, with plaintiff alleging that defendant Shane Shields negligently operated a Honda Pilot owned by her parents Mark and Jody Shields, so as to cause a car accident with plaintiff. Ms. Shane Shields' presence at trial and availability to testify there is essential to the defense of this case. The principal defendant, Ms. Shane Shields, who was driving the car ...

Excerpt: ...RULING: Defendants' demurrer to plaintiff's first, second, third, fifth, and sixth causes of action for injunctive relief, declaratory relief, quiet title, and violations of the California Homeowners Bill of Rights is sustained without leave to amend. Defendants' demurrer to plaintiff's fourth cause of action for negligence is overruled. Defendant's motion to strike the punitive damages allegations in the complaint is granted without leave to ame...

Excerpt: ...tive record will be filed with the Court and an appropriate briefing schedule for the disposition of the merits of the writ petition. Analysis: The administrative writ petition was filed on July 3, 2018. On July 10 (one week after filing), petitioner James Doub filed an ex parte application to stay the DMV's suspension of Doub's vehicle license. The ex parte application was opposed by the DMV. The ex parte application was heard on July 11. The Co...

Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...

Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...

Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...

Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...

Excerpt: ... 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 petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...

Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...