Excerpt: ...s been renting the subject premises since May 25, 1985, on a month-to-month basis, and was served with a 60-day notice to quit on July 23, 2022. On September 2, 2022, defendant filed a general demurrer to the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 subd. (e). Defendant filed a supplement to the demurrer on September 6, 2022. The supple...

Excerpt: ... be permitted by the Court at the hearing. TENTATIVE RULING: For the reasons more fully articulated below, the Court will deny the petition for writ of mandate in its entirety. Background: The California Medicinal and Adult‐Use of Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) establishes comprehensive licensing and regulatory requirements for both medical and adult use of cannabis in the state. The Act allows local gov...

Excerpt: ...n is denied. Background: The complaint filed by plaintiff Armand Rios (Rios) on January 22, 2016, alleges that Rios was a tenant of real property owned by defendant Gloria Gonzalez, individually and as Trustee of Trust A of the Ramundo and Gloria Gonzalez Family 2002 Revocable Trust dated June 14, 2002 (Gloria) and located at 6598 Stagecoach Road in Santa Barbara, California. Defendant Tony Gonzalez (Tony) is Gloria's son. (Note: Due to common su...

Excerpt: ...her of their depositions. Background: This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian‐automobile accident. Aileen Paquillo (Paquillo) is a receptionist at ProMed Spine. She has no job responsibilities that relate to medical treatment of patients, billing coding or payments at ProMed Spine. (Paquillo Dec. ¶¶ 1‐2.) Juan Ceja (Ceja) is a deposit...

Excerpt: ...a, Inc. (HSG) and defendant City of Santa Barbara (City), and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (FRL). Plaintiffs Flightline, HSG, and HSG's principals, Manuel Perales, Mario Medina, and Paul Ybarra allege: On March 26, 2015, HSG entered into a lease (Lease) with City for a restaurant location at 521 Firestone Road on the City's airport property. (First Amended Complaint [FAC], ¶¶ 20‐22 & exhibit A.) P...

Excerpt: ...complaint and alleges non‐payment of rent. According to the complaint, Schwan has been renting the subject premises from Jordan, on a month‐to‐month basis since October 5, 2017. On, or about, August 19, 2022, Jordan personally served Schwan a three‐day notice to pay rent or quit alleging owed rent for the period of August 5, 2022, to September 4, 2022. On September 6, 2022, Schwan filed a general demurrer to the complaint on the grounds t...

Excerpt: ... the premises, (2) Costs incurred in the proceeding, and (3) Forfeiture of the agreement. Plaintiff's proof of service indicates that the summons, complaint, mandatory cover sheet and prejudgment claim of right to possession were served via substituted service on July 25, 2022 by leaving the documents with co‐defendant Michael Chavez (a person over the age of 18) at the dwelling house or usual place of abode of Liliana Sanchez. Plaintiff therea...

Excerpt: ...further verified responses must fully comply with Code of Civil Procedure sections 2031.210, 2031.220, 2031.230, and 2031.240. Except as otherwise granted, the motion is denied. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and ...

Excerpt: ...any, LLC, by the Los Angeles Superior Court (LASCt), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on ...

Excerpt: ...rs”). On August 5, 2022, defendants filed a motion to quash service of summons claiming that service of the summons was not properly effectuated. On August 26, 2022, the court denied the motion to quash. On September 15, 2022, defendants filed this general demurrer to plaintiff's complaint on the grounds that (1) the complaint does not state facts sufficient to constitute a cause of action and (2) that the three‐ day notice to pay rent or qui...

Excerpt: ...ause of action (inverse condemnation). (2) Subject to the qualifications set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike paragraph 217 of plaintiffs' fourth amended complaint is granted without leave to amend. (3) Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., shall file and serve their answers to the 4AC, as it exists after this ruling, on or before Oc...

Excerpt: ...d below, the motion to strike the promissory estoppel cause of action and the prayer for attorneys' fees were rendered moot by this Courts rulings on the demurrers. Plaintiffs may file any amended complaint on or before September 30, 2022, or such other date as this Court may specify at the hearing on these matters. BACKGROUND: Plaintiffs Better Hoberman and Michael A. Hoberman (Hoberman) are alleged to be the beneficial owner and record title ow...

Excerpt: ...ed on any improperly asserted objections, it shall produce any such document to plaintiff on or before September 28, 2022. In addition, the Court awards sanctions in favor of plaintiff against Raytheon in the amount of $5,910, payable to plaintiff's counsel. Payment of sanctions is due by October 16, 2022. Background: In her First Amended Complaint (FAC), plaintiff Caron Vranish asserts eight causes of action against defendant Raytheon Company (R...

Excerpt: ...ecifically those identified as “Exhibits” by Petitioner, and as “971 EDM's Exhibit” by County. While this Court believes some or all of the exhibit(s) may also be a part of and included in the Administrative Record which was recently lodged with the Court, the absence of any separately filed “exhibit” has precluded it from confirming that fact. Additionally, on August 24, 2022, Petitioner filed several new documents. The first is a No...

Excerpt: ...in was in a romantic relationship with defendant John Fly, Jr., through early 2021. (First Amended Complaint [FAC], attachment BC‐1.) During that relationship, Griffin lent money to Fly, or spent money at Fly's request, for Defendant's iPad, health and dental insurance premiums, medical and dental expenses, credit card bills, Fly's household and personal expenses (including alimony and child support payable to Fly's ex‐wife), and for improvem...

Excerpt: ..., alleges two causes of action for general negligence against defendant Wheel Fun Rentals Of Santa Barbara, Inc. dba Santa Barbara Trolley Company (Wheel Fun). In the complaint, plaintiff alleges that she was hired by Wheel Fun as a commercial driver on May 3, 2016. As alleged in the complaint, plaintiff was discriminated against based on her race, experienced disparate treatment, was treated unfairly due to the discrimination. (Complaint, ¶ GN�...

Excerpt: ... shall file and serve a supplemental response to the supplemental separate statement, in accordance with this ruling, on or before September 23, 2022. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and CSE on condition that these...

Excerpt: ...aintiffs of committing certain criminal acts, and intruding on plaintiffs' private affairs by, among other things, unlawfully accessing plaintiffs' cell phones and social media accounts. (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Plaintiffs' complaint, filed on September 11, 2020, asserts 16 causes of action for (1...

Excerpt: ...roy, seeking to recover the amount of $1,454.51 as a balance due from defendant in connection with a charged‐off credit account issued to Monroy. On December 8, 2020, plaintiff filed a settlement agreement pursuant to which defendant agreed to settle this matter for $1,454.51, plus costs set forth in the agreement, to be paid to plaintiff pursuant to a payment schedule set forth in the settlement agreement. Pursuant to the agreement, the partie...

Excerpt: ...ition, the court awards sanctions in favor of plaintiff against Ruth Bodine in the amount of $1,250.00, payable to plaintiff's counsel. Payment of sanctions is due by September 19, 2022. (2) Plaintiff and defendant are ordered to complete a further meet and confer in person, by phone or by video conference regarding plaintiff's form interrogatory no. 17.1 and defendant's responses thereto, in accordance with this ruling. The meet and confer order...

Excerpt: ...25 of the first and third causes of action alleged in the complaint is denied. Defendants' motion to strike allegations contained in paragraphs 33 and 38 of the fifth and sixth causes of action alleged in the complaint is moot. Background: As alleged in the complaint filed on February 28, 2022, plaintiff Paree Sobhani Moradpour, Trustee under the Declaration of Trust of Paree Sobhani Moradpour is the owner of commercial property located at 401 We...

Excerpt: ...issions, without objection except as to privilege, on or before August 29, 2022. As to any information or document withheld on the grounds of privilege, FCP Private, LLC, and Wiles shall each concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the total amount of $2,500in favor of ...

Excerpt: ...s east of the intersection with Painted Cave Road. (FAC, ¶¶ 5, 8.) Mary Sheryl Treventhan Scott (Mary Scott) was in the front passenger seat. (Ibid.) A vehicle travelling in the opposite direction crossed over the center line. (Id., ¶ 8.) Chris Scott took evasive maneuvers to avoid a pending head‐on collision, and in doing so, lost control over his vehicle, which travelled south off the roadway, traversing the solid white line and asphalt sh...

Excerpt: ...endant answered the complaint, contending that the action had been filed in the wrong venue, since she did not live in Santa Barbara County. Plaintiff filed a motion for summary judgment, which established that defendant still owed plaintiff the amount of $6,170.67 for charges she had incurred through use of the credit card, but had not paid to plaintiff. Plaintiff did not file opposition to the motion, but sought permission to appear at the hear...

Excerpt: ...plaintiff. (Complaint, ¶¶ 7, 8, 10, 12, 16, 18, 19 & Exh. A.) Defendant, a direct competitor of plaintiff, caused the December 4, 2020 letter to be written and published directly to plaintiff's clients and business partners. (Id., ¶¶ 5, 7, 22.) Plaintiff's business reputation has been significantly damaged as a result of the publication of the letter, and its profits have been reduced as a result of the publication of the letter. (Id., ¶¶ 1...