Excerpt: ...ion is GRANTED. Plaintiff has submitted a Judgment that provides “that Plaintiffs motion shall be granted, and judgment shall be entered.” The Court wants a judgment consistent with the analysis below; to wit: Judgment in the amount of $86,424.97 including costs pursuant to a memorandum of costs. Background This is a debt collection action. On October 20, 2017, plaintiff SoFi Professional Loan Program Grantor Trust 2014-B filed a complaint al...

Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...

Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...

Excerpt: ... Sons, LLC Motion To Set Aside Judgment By Stipulation RULING Plaintiff Teng & Sons, LLC's, motion to set aside the judgment by stipulation entered on February 16, 2022, is granted in accordance with this ruling. Defendant Fnu Boendianto's motion to enforce judgment terms is moot and ordered off calendar. Background This is an unlawful detainer proceeding that settled on December 29, 2021. Before the Court are competing motions. Defendant Fnu Boe...

Excerpt: ...2 without objection. The request to impose sanctions on Fiore and its counsel of record Daman & Associates, LLC in the amount of $5,080 is GRANTED; said sanctions to be paid by 5/10/22. Analysis This Motion was advanced from 5/18/22 per ex parte order filed 4/18/22; the trial date is 6/1/22 and the MSC is 5/6/22; time is of the essence. Moving Papers Supported by the Declaration of Jared Katz and a Memorandum of Points and Authorities; summarized...

Excerpt: ...aw Emails: [email protected]; [email protected]; lsavitt @ br gslaw.c o MATTERS (1) Plaintiff's Motion To Compel Further Responses To Requests For Production and Request F (2) Plaintiff's Motion To Compel Further Responses To Interrogatories and Request For Sancti o RULING The Court will continue the hearin g on plaintiff's motions to June 1, 2022. On or before M for the Motions to Compel Further Responses to the Requests For P...

Excerpt: ...nctions RULING (1) For the reasons set forth herein, the demurrer of defendants Lil' Wave Financial dba Open Door Lending, Gillee Sherman, and Superior Loan Servicing to the complaint of plaintiff Eileen Lazar is sustained, with leave to amend, as to the second and third causes of action, and is otherwise overruled. Lazar shall file and serve her first amended complaint on or before May 12, 2022. (2) For the reasons set forth herein, the motion o...

Excerpt: ...kground This action arises out of a motor vehicle accident that occurred on May 6, 2020, at the intersection of Hollister Avenue and Los Carneros Road in Goleta, California. Plaintiff George Nicholas Rogers alleges the accident was caused by defendant Gundi Birk's negligence. On May 18, 2021, plaintiff filed a complaint alleging a single cause of action for negligence against defendant. On January 6, 2022, plaintiff filed a motion for leave to fi...

Excerpt: ...laintiff's motion to compel defendant to provide further responses to Request for Production of Documents (Set 1) and for sanctions of $2,852. RULINGS The motions are denied. Background Plaintiff Ronald Heller filed this action, in pro per, against defendant Andrew B. Mitchell on May 25, 2021, alleging a cause of action for legal malpractice related to defendant's representation of him in his divorce proceedings. Mitchell answered the complaint, ...

Excerpt: ...iffs Tonya R. Teaney and Brandon T. Mix filed a complaint for breach of contract, fraudulent conduct and bad faith against defendants Hidden Oaks Ranch, LLC (“Hidden Oaks”), The Palm Grove, LLC (“Palm Grove”), and Dennis Hoey (“Hoey”). On October 28, 2021, plaintiffs filed a First Amended Complaint (“FAC”) for breach of contract and fraudulent concealment against these same defendants. The FAC seeks economic damages in the amount ...

Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...

Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...

Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...

Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...

Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...

Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...

Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...

Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...

Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...

Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...

Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...