Excerpt: ...this action. As alleged in the complaint, on March 31, 2017, plaintiff Stephen Duneier was a patient under the care of William C. Koonce, M.D. (as well as other named but now dismissed defendants) when he suffered injury and damages due to the negligence of defendants through their diagnosis, treatment and care. (For purposes of this ruling, and for ease of reference, and not out of disrespect to plaintiffs, plaintiff Stephen Duneier will be refe...

Excerpt: ...n and proposed order to approve a settlement agreement. A copy of the settlement agreement was attached to the stipulation as Exhibit A. On the same date, the Court entered its order approving the settlement agreement and retaining jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. Under the terms of the settlement agreement, defendant Mark Romasanta agreed to continue to administer decedent's estate. Robert Tray...

Excerpt: ...t on or about October 30, 2016, and which defendant used. Plaintiff's complaint, filed October 31, 2019, alleges that defendant breached the agreement on or about April 4, 2019, by failing to remit any further payments on the credit card account. The complaint alleges causes of action for breach of contract and common counts (money lent, money paid, open book account, and account stated), and seeks damages of $6,160.67, and attorneys' fees. The c...

Excerpt: .... Hilf Company LLC (“Hilf LLC”) and Peter F. Hilf (“Hilf”) filed a complaint for money damages and injunctive relief, alleging eight causes of action for (1) intentional trespass to timber, (2) negligent trespass to timber, (3) intentional trespass, (4) negligent trespass, (5) negligence, (6) conversion, (7) trespass to chattels, and (8) elder financial abuse. As alleged in the complaint, on March 14, 1989, Hilf acquired a fee simple inte...

Excerpt: ...mmon Counts: Book Account, Account Stated and (2) Quantum Meruit – Reasonable Value, against defendants Derek P Sieber, aka Derek Paul Sieber, aka Derek Sieber, an individual (“Sieber”) and California Trike Company, LLC (“Trike”) seeking to recover the amount of $8,742.48 as a balance due from Sieber and Trike in connection with a credit card issued to Sieber. On June 9, 2020, a stipulation for conditional entry of judgment was filed pu...

Excerpt: ...two, request Nos. 11 and 16, on or before June 13, 2022. Background: In its operative pleading, the first amended complaint (FAC), plaintiff DAIVID Pty Ltd. (DAIVID) asserts six causes of action against defendant Deep AI, Inc. (Deep AI): (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) promissory estoppel; (4) misrepresentation; (5) conversion; and (6) trespass to chattels. The complaint arises from allegatio...

Excerpt: ...rivilege, on or before June 13, 2022. As to any information or document withheld on the grounds of privilege, FCP Corporate Ltd. shall 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 amount of $6,500.00 in favor of plaintiff Mark Schaub and against defendant FCP Corporate L...

Excerpt: ... property located at 3630 San Jose Lane, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) The Premises consist of both a main house and detached guest unit. (Complaint, attachment 17.) Defendants Marshall Pagaling and Libby Holland entered into a written lease agreement to rent the Premises. (Complaint, ¶ 6 & exhibit 1.) The lease identifies Andrea Hamlett and Brian Turbey both as “Landlord.” (Complaint, exhibit 1, p. 1.) When the de...

Excerpt: ...iner against defendants Zaria Robinson and Grace Harris. The complaint alleges that plaintiff is the owner of premises located at 301 La Casa Brande Circle, Unit A, Goleta, 93117, and rented the premises to defendants pursuant to an oral agreement entered into on October 1, 2021. The complaint alleges that defendants were served with a 3-day Notice to Pay Rent or Quit. Plaintiff's Mandatory Cover Sheet and Supplement Allegations filed concurrentl...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ... negligence against defendants Toro Canyon Nursery, Inc. and Erick Suarez. As alleged in the FAC, on September 13, 2019, defendant Erick Suarez was driving a 1996 Ford F150 pickup truck westbound on highway 154, approximately one quarter mile east of the entrance to Cachuma Lake, in an unincorporated area of Solvang, Santa Barbara County, California, at a high rate of speed, utilizing both the westbound and eastbound lanes of travel, across doubl...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ...porations Code section 17711.06. (Petition, p. 4.) (Note: The Petition does not number its lines and does not include pagination in violation of California Rules of Court, rules 2.108(1), (4) and 2.109.) ““If the limited liability company denies that a membership interest is a dissenting interest, or the limited liability company and a dissenting member fail to agree upon the fair market value of a dissenting interest, then the member or any ...

Excerpt: ... D, on or before May 23, 2022. Background: On July 27, 2021, plaintiff filed a complaint alleging two causes of action for negligence and vicarious liability, arising out of a motor vehicle accident that occurred on the US-101 northbound near El Sueno Road in Santa Barbara, California. On August 5, 2021, plaintiff filed proofs of service of the summons, complaint and other required documents on defendants Celine Sophia Cardona (“Cardona”) and...

Excerpt: ... Cumbre Road and Calle Real in Santa Barbara involving Roxana Hand and Gregorio Ruiz Solis. On October 29, 2020, plaintiff Berkshire Hathaway Homestate Insurance Company (Berkshire) filed lead case No. 20CV03560 against Solis asserting a subrogation claim based upon the payment of workers' compensation benefits to or on behalf of Hand arising from the accident. On November 6, 2020, plaintiff Hand filed case No. 20CV03665 against Solis asserting p...

Excerpt: ...s and authorities in support of CCA's application for right to attach order and writ of attachment filed on March 7, 2022 (“Memorandum”), and “limited portions” of its cross-complaint also filed on March 7, 2022. Analysis: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overridi...

Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having ...

Excerpt: ...against AVS, alleging causes of action for (1) failure to pay all overtime compensation based on the proper regular rate of pay (Labor Code sections 510, 1194, 1194.2, 1197, 1199); (2) failure to provide meal periods and/or pay meal period premiums (Labor Code sections 226.7, 512 and IWC Wage Order 1-2001); (3) failure to provide off-duty rest periods to and/or pay rest period premiums (Labor Code section 226.7 and IWC Wage Order 1-2001); (4) fai...

Excerpt: ...May 23, 2022. Background: Plaintiff Allison Griffin alleges that, between May 2017 and August 2021, Griffin and defendant John Fly, Jr., entered into an oral contract in which Fly “promised to reimburse [Griffin] for monies spent on Defendant's property located at 4865 Aragon Drive, Carpinteria, … and for monies lent by Plaintiff to Defendant and/or spent at Defendant's request, for Defendant's iPad, health insurance premiums, mortgage paymen...

Excerpt: ...��FAC”) filed on January 24, 2022: Plaintiff Montecito Country Club, LLC (“MCC”) owns the Montecito Club golf course located at 920 Summit Road in Santa Barbara, California (the “Montecito Club Property”). (FAC, ¶¶ 1, 11.) MCC is the owner of reserved easement created in 1977 (“Recorded Easement”) which burdens adjacent property owned by defendants Kevin C. Root and Jeannette P. Root (“Root Defendants”) located at 1059 Summit ...

Excerpt: ...: Plaintiff Roy E. Stephenson has sued numerous defendants including Desert European Motorcars, Ltd. (“DEM”) and its employees, defendants Wayne Bernstein, Shad Scheussler, Larry Py, Nora Whittaker, Frank Hickingbotham, Tiffany A. Murphy, Jerry Johnson, Gene Whisenhunt, Gary Whitaker, and Kevin I. Chapman, Porsche Cars North America, Inc. (“PNCA”) and others in connection with the purchase of a 2011 Porsche 911 Carrera S Cabriolet in Marc...

Excerpt: ... Response Act) and third cause of action (inverse condemnation), and is overruled as to the fifth cause of action (willful misconduct). (2) For the reasons set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike portions of plaintiffs' third amended complaint is granted, with leave to amend, to strike (i) from paragraph 214 the semi-colon and text to the end of the sentence (“; and bec...

Excerpt: ...time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200, et seq., and for penalties under Labo...

Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...

Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...