Excerpt: ...rsons acting with or on behalf of it, are enjoined and restrained from granting any final approval as to construction of a residence exceeding one story in height at the real property located at 4121 Creciente Drive, Santa Barbara, California, or taking any other action with respect to such construction where the effectiveness of such other action is not qualified by and subject to the final disposition of this matter. (2) The court orders that p...

Excerpt: ...ence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Causes of action for breach of fiduciary duty, negligence, common counts, and indemnification were alleged against defendant Peter Kozak III, and causes of action for respondeat superior liability, negligence, common counts, and indemnification were alleged a...

Excerpt: ...Management, Inc. (Sandpiper) is the property manager for real property located at 220 E. Valerio Street, #4, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) Defendant Sean Wilczak agreed to rent the Premises pursuant to a written agreement (Agreement). (Complaint, ¶¶ 6a, 6b, 6e & exhibit 1.) The Agreement lists two people as tenants, including Wilczak among those two. (Complaint, exhibit 1.) The Agreement originally provided for monthl...

Excerpt: ...e Santa Barbara area. (Complaint, ¶¶ 14, 18.) Cottage Health provides health care services from Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, and Santa Ynez Valley Cottage Hospital, and from smaller urgent care and other facilities. (Complaint, ¶¶ 2, 19.) “Kaiser Foundation Health Plan, and their related entities” is made up of three distinct but interdependent groups of entities, the Kaiser Foundation Health Plan, Inc. ...

Excerpt: ...y north of the City of Goleta. As alleged in the Second Amended Complaint (“SAC”), which is the operative pleading, on September 10, 2019, plaintiffs Austin Buist, Maverick Buist, a minor, and Allyson Jean Buist, decedent, were travelling southbound on US‐101 approaching the intersection of Las Varas Ranch Road. (SAC, ¶¶ 10, 14.) Defendant Garrett Anthony Staab (“Staab”) was travelling northbound on US‐101. (SAC, ¶ 15.) At that loc...

Excerpt: ...ckground: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) located in Goleta, California. On October 23, 2019, plaintiff Remedial Construction Services, L.P. (“RECON”) filed a first amended complaint (“FAC”) alleging causes of action for negligent misrepresentation, negligence, breach of contract, services rendered, breach of the implied covenant of good faith and f...

Excerpt: ...andpiper Property Management Inc. (“Sandpiper”) filed a complaint for unlawful detainer against defendant Sean Wilczak (“Wilczak”). On June 13, 2022, Sandpiper filed an application and order to serve the summons on the complaint by posting, pursuant to Code of Civil Procedure section 415.45, subdivision (a). The Court granted the application and signed the order on June 10, 2022, which was filed on June 13, 2022. Pursuant to the Court's o...

Excerpt: ...ly 22, 2022. Any party may file and serve a response to another party's supplemental brief on or before July 29, 2022. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonathan Stein (Jonathan) in Los Angeles County Superior Court in case No. BC361307 (the Underlying Action). (Note: The court uses ...

Excerpt: ...Ct), 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 which date the LASCt also issued a lengthy State...

Excerpt: ...020, alleging one cause of action for breach of a March 1, 2019 “Shopping Center Lease” (“Lease”) for premises located at 904 Rancho Parkway, Suite F4‐A, Arroyo Grande, CA 93420. On January 28, 2022, the Court granted plaintiff's motion for summary judgment, and on March 1, 2022, entered judgment in plaintiff's favor in the amount of $237,673.42. On March 2, 2022, plaintiff filed and served on defendant a notice of entry of judgment. Pl...

Excerpt: ...he motion, arguing that there exist triable issues of fact as to whether Saville's conduct falls within the primary assumption of risk doctrine and Saville's duty to use due care. It is undisputed that on July 5, 2018, Olson and Saville were surfing in the water at Miramar Beach with several other surfers around them when they, and at least one other surfer, caught the same wave (the “Subject Wave”). (Opposing Separate Statement [“Opp. Sep....

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve verifie...

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Reece Williams to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 5, 6, 9, 10, 11, 12, 13, and 14. Defendant Michael D'Alise shall serve verified further res...

Excerpt: ... two), 7) negligence (count one), 8) negligence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Among the defendants is Partnervest Advisory Services, LLC (“Partnervest”), against whom plaintiff alleges two causes of action for respondeat superior (the ninth cause of action) and negligence (the tenth cause ...

Excerpt: ... Hand was traveling northbound on La Cumbre Road in the City of Santa Barbara, California. Hand had a green light at the intersection of La Cumbre Road and Calle Real when defendant Gregorio Ruiz Solis (“Solis”) made a left turn onto Calle Real in front of Hand. Hand was unable to stop, and Solis collided with her front right bumper with great force. Hand sustained injuries to her neck and back as a result of the crash. Based on information b...

Excerpt: ...fendant Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 11, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve ...

Excerpt: ...ance with this ruling. In addition, the Court awards sanctions in favor of The Regents of the University of California, against plaintiff, in the amount of $1,000.00, payable to defendant's counsel. Payment of sanctions is due by July 17, 2022. Background: This is a consolidated action for pre-trial purposes only. On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the University of California, the University of C...

Excerpt: ...n the amount of $1,941.50. Background: On December 20, 2016, judgment creditor Andersen Springs Community Association (ASCA) obtained a judgment in its favor in the Justice Court, West Mesa Precinct, County of Maricopa, State of Arizona (AZ Judgment) against judgment debtors Veronica Loza and Udy Loza, a marital community. (Application for Entry of Judgment, filed Apr. 2, 2018, exhibit A.) On April 2, 2018, ASCA filed its application with this co...

Excerpt: ...�). As alleged in the complaint, from September 21 through September 27, 2020, plaintiff was a guest at a rental property owned by Beach Group and located at 3349 Cliff Drive in Santa Barbara, California 93109 (“Premises”). (Complaint, ¶ 9.) During his stay at the Premises, plaintiff used the pool and spa located in the backyard. (Ibid.) The pool and spa were contaminated with the legionella bacterium and, as a result, plaintiff contracted L...

Excerpt: ...9 (“$170,000”), 22 through 25 (“Moreover … Defendants.”), and 28 (“$2,000,000,000”), at page 10, lines 2 (“$13,500”), 17 (“$13,500”), and 20 (“$100,000”), at page 13, lines 9 to 24 (“since Plaintiff also … by the Defendants.”), at page 14, line 27 (“The failure to act …”) to page 15, line 9 (“… of the Defendants).”), at page 15, line 11 (“Federal law gives …”) to page 17, line 12 (“… on July 9...

Excerpt: ...d complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post-surgical treatment of Wideman following surgery performed by Dr. Conway. On April 8, 2022, the court granted Dr. Conway's motion to compel production of documents in connection with the deposition of plaintiff Wideman's expert, Farzad Alemi, M.D. In its ruling, the Court ordered plaintiffs to provide...

Excerpt: ...omplaint seeks, among other things, late fees pursuant to the Rental Agreement. [Complaint at ¶ 19.i.(2).] There are no further allegations related to the request for late fees against defendant. The Rental Agreement, attached as Exhibit 1 to the Complaint, provides for a Late Rent Charge of “$35.00 after 3 days”, at Section G. It provides further, at ¶ 3: Late Payment Charge/Insufficient Funds: If rent is paid after 3 days after the rent d...

Excerpt: ...dant Raytheon Company (Raytheon) for violation of the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq.) and other statutes, alleging, among other things, that she was not paid as much as other comparable employees on account of her age and gender. On July 29, 2021, plaintiff served on Raytheon plaintiff's requests for production of documents, set two (RFP). Those requests sought, among other things, production of ele...

Excerpt: ...ent shall be filed only in the lead case. All subsequently filed documents in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of the other consolidated case. Background: On September 28, 2021, plaintiff Diego Urbina-Javier filed his original complaint in Urbina-Javier v. Smith, case number 21CV03850, against defendants Batte Thomas Lowe Smith and Nebhut Smith (collectively, defendants)...

Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...