Excerpt: ...ve Mandamus and Judicial Review of Administrative Hearing. Respondent is Steve Gordon, Director of the California Department of Motor Vehicles. (The court will refer to respondent as “DMV.”) The petition seeks review of DMV's suspension of Munoz's driving privileges. On June 5, Munoz filed an ex parte application for a stay of the suspension of her driving privileges. Munoz notified DMV of the application by phone and transmitted a copy of th...

Excerpt: ... alleges causes of action for violation of residents' rights under Health & Safety Code section 1430(b), elder neglect, and wrongful death. Brought by surviving child Yolanda Salgado-Tovar, the complaint names as nominal defendants Mr. Salgado's surviving spouse and other living children. The complaint alleges that 89-year-old Mr. Salgado was admitted to a skilled nursing facility operated by California Convalescent hospital of Santa Barbara, Inc...

Excerpt: ... answer to the first amended complaint on or before September 21, 2020. Background: As alleged in plaintiffs' first amended complaint (FAC): In the summer of 2016, plaintiffs Barranca Enterprises, Inc. (Barranca), and MLG Leasing, Inc. (MLG), were approached by defendant Gregory R. Reitz, who made a proposal to develop the plaintiffs' properties located on the corners of Garden Street and Anapamu Street in Santa Barbara. (FAC, ¶ 11.) Reitz toute...

Excerpt: ...ntiff Beach Front Construction Company shall serve verified further responses, in a form complying with the Code of Civil Procedure, on or before September 14, 2020. (2) For the reasons set forth herein, the motion of defendant Homer T. Hayward Lumber Co. to compel further responses of plaintiff Uptown Center, LLC, to special interrogatories, set two, Nos. 47 through 60, is granted. Plaintiff Uptown Center, LLC, shall serve verified further respo...

Excerpt: ...tion of Skylar L. Gauss, individually, for contempt as to attorney Robert Forouzandeh is denied. Background: On March 25, 2019, plaintiff Saticoy Development Company, LLC (Saticoy) filed its original verified complaint in this action asserting four causes of action: (1) quiet title; (2) declaratory relief; (3) injunctive relief; and (4) conversion of personal property. On May 14, 2019, defendant Skylar L. Gauss, a self-represented defendant, in h...

Excerpt: ...to amend. Background: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. On December 13, 2019, the court sustained defendants' demurrer to the Commission's complaint for failure to join the federal government as an indispens...

Excerpt: ...ard I. Wideman and Kristin Novak filed their verified 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 Wideman. Motion: Plaintiffs move for further responses from defendant Conway, without objection, to Form Interrogatories (FI) ##2.6, 2.7, 3.7, 12.0, 12.3, 12.4, 15.1, 16.2(b...

Excerpt: ...t, plaintiffs Astrid G. Nelson Megel and Clifford Nelson's motion to set/compel depositions of defendants' employees Dwayne Bird, Marjorie Kelbacher, and Robert Gillis. The depositions shall take place at times agreed by the parties. The depositions shall be taken remotely, if the parties agree, otherwise, the deposition of Dwayne Bird will take place in South Carolina; the deposition of Marjorie Kelbacher will take place within 75 miles of her r...

Excerpt: ... denied. BACKGROUND: This is an action for various employment-related and whistleblower claims by plaintiff against her former employer and former supervisor. Plaintiff alleges that she is disabled and that she was subject to discrimination, harassment, and wrongful termination because of her disability and gender. Defendants deny the allegations. There are two motions currently before the court. In the first motion, defendants seek an order comp...

Excerpt: ...ackground: This is a purported class action for wages and Labor Code violations. In a complaint filed on March 4, 2020, against defendant Parks Management Company, plaintiffs Tayler Hannes and Paul Voigt asserted causes of action for 1) failure to pay wages and/or overtime; 2) meal break violations (Labor Code § 226.7); 3) rest break violations (Labor Code § 226.7); 4) waiting time penalties (Labor Code § 203); 5) unreimbursed mileage (Labor C...

Excerpt: ...he court denies plaintiff Chris White's request for expenses and attorney fees. Background: This action arises out of a residential lease agreement. On October 1, 2016, plaintiff Chris White (“White”) entered into a month-to-month lease of real property located at 726 W. Pedregosa Street in Santa Barbara. (Although the third amended complaint still lists William Levi and Rachel Levi as plaintiffs, they were dismissed from the case with prejud...

Excerpt: ...ld the vineyard, both the business operations and the land, to defendant Randeep Singh Grewal (“Grewal”), the owner of defendant Ca' Del Grevino, LLC dba Grevino Estate Vineyards (“Vineyards”), located at 2510 E. Clark Avenue, Santa Maria, California 93455. As part of the purchase agreement, Grewal agreed to employ Addamo as the President and General Manager of Vineyards with an annual salary of $200,000. In addition, Addamo was to be pai...

Excerpt: ...ichal Wadsworth to appear and testify at deposition is granted. Plaintiff's motion to compel site inspection of defendant's premises is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: Plaintiff Chelsea Herzog is a former employee of defendant NuSil Technology, LLC (“NuSil”). Plaintiff worked for defendant as an analytical technician from April 2016 until December 2018. Defendant Michal Wadsworth (“Wadsworth...

Excerpt: ...the disposition of an appeal in a potentially related action now before the Court of Appeal. (1) City of Torrance Action On March 22, 2019, the City of Torrance (Torrance), which is not a party to this action, filed a complaint in Los Angeles County Superio r in City of Torrance v. Southern California Edison Company, Los Angeles County Superior Court case No. 19STCV10249 (City of Torra n failure to comply with the Torrance Municipal Code. (SCE Re...

Excerpt: ...ed. The court allows costs in the amount of $4,351.22. Background: On January 30, 2020, after a three-day court trial, the court found in favor of plaintiff People's Self-Help Housing Corporation (PSHHC), announced judgment in favor of plaintiff and against defendant Superior Millwork of SB, Inc. (Superior) in the amount of $190,634, found that Superior did not prevail on the cross-complaint, and reserved the issue of fees and costs. On February ...

Excerpt: .... The motion is denied as to the first cause of action and as to that portion of the second cause of action based upon intrusion. (2) For the reasons set forth herein, the demurrer of defendant Dana Cook to the first amended complaint is moot as to those causes of action for which the special motion to strike has been granted, is overruled as to the first cause of action, and is sustained, with leave to amend, as to that portion of the second cau...

Excerpt: ...t 23 East Cabrillo Boulevard, Santa Barbara, California 93101. On January 5, 2017, plaintiff Hannah Beachfront, LLC, as lessor, and defendant TWHGP, LLC, as lessee, entered into a ten-year written lease agreement for the premises. The agreed rent was $12,000 per month, triple net. Pursuant to a written amendment to the lease agreement, dated October 2, 2018, rent was to commence on the date defendant first opened its doors for business after rece...

Excerpt: ...ant and plaintiff entered into a written lease dated June 1, 2006. On February 1, 2020, plaintiff personally served a 3-day notice to quit on defendant. In the notice, plaintiff states that, on October 30, 2019, defendant gave notice to move out by January 31, 2020. On January 21, defendant delivered notice that he no longer wanted to move out. Plaintiff states: “I'm not able to accept reason Safety & Firehaz (sic).” Demurrer: Defendant demur...

Excerpt: ...the arbitration. BACKGROUND: This is a putative class action wage and hour dispute. Plaintiffs Armando Nunez, Alejandro Camacho, and Jacob Sullivan were plumbing technicians employed by defendants Rotoco, Inc. dba Roto-Rooter Plumbers, Santa Barbara Roto- Rooter, Inc., Monterey Rotoco, Inc., and Norcal Rotoco, Inc. Plaintiffs' third amended complaint, filed on February 19, 2020, alleges causes of action for (1) failure to pay overtime wages, (2) ...

Excerpt: ...ses to requests Nos. 1 through 20, without objection except as to privilege, in a form complying with the Code of Civil Procedure on or before August 21, 2020. To the extent any response is qualified on the basis of privilege, plaintiff shall state the extent of the qualification and provide in the response such additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in favor of defendant Louis ...

Excerpt: ...on for a protective order to September 25, 2020. Background: Plaintiff Grant Beall (Beall) was a tenant and resident of 6606-6608 Del Playa, HSE, in Isla Vista. The landlord was defendant Ronald L. Wolfe and Associates (Wolfe). In his second amended complaint (SAC), Beall asserts a class action related to Wolfe's pre-termination notice, personal property destruction, vendor oversight fees, and security deposit itemization. The causes of action in...

Excerpt: ...ust 3, 2020. Background: As alleged in plaintiff Roger Perry's complaint, defendant Scott William Powers and his company, Coast Transportation Insurance Service (Coast), engaged in numerous actions to damage Perry's business. These actions included forging Perry's signature on documents Powers sent to the California Department of Insurance seeking to dissolve Perry's business and cancel Perry's insurance licenses (Complaint, ¶¶ 8-13), sending f...

Excerpt: ...n front of the entrance to defendant Trader Joe's Company, Inc.'s store located in the Calle Real Shopping Center in Goleta, when defendant Berl Golomb pulled his Toyota Prius into a parking space directly in front of the store at an excessive rate of speed, jumped the concrete tire stop, and struck Matthew Quirk, who was standing on the sidewalk. The Prius continued forward, taking Matthew Quirk with the vehicle as it crashed through the front d...

Excerpt: ...s action arose out of plaintiff Kim Levine's tenancy of residential property pursuant to a written lease with defendant Janet Bergschneider, aka Jenna Berg. Defendant Bungalow, LLC, managed the property. Levine, on behalf of herself and her son Santo Massine, filed an action for breach of contract, breach of warranties, negligence, and private nuisance. Levine alleged mold contamination of the property. Defendants/cross-complainants Janet Bergsch...

Excerpt: ...ndant shall file and serve her responsive pleading to the cross-complaint (as stricken) on or before July 16, 2020. The court will determine all issues with respect to an award of attorney fees upon appropriate application by cross-defendant. Plaintiff shall file and serve a completed civil case cover sheet addendum pursuant to Santa Barbara County Superior Court Local Rules, rule 1310, on or before July 16, 2020. Background: (1) Plaintiff's Comp...