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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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