Excerpt: ...arvested “clones” to sell to cannabis farmers throughout California. During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. On January 9, 2018, heavy rain and high winds damaged the retractable shade-cloth and the greenhouse ridge vents, resulting in dramatically increased heat and humidity inside the greenhouse, which caused the loss of an ad...

Excerpt: ...a. Defendants John Moller, Dansk Investment Group, Inc., Moller Investment Group, Inc., Palisades Gas and Wash, Inc., and Citrus North Venture, LLC (Moller defendants) appeared in the action on January 6, 2017, through current counsel, including lead attorney Ryan T. Waggoner, when they filed a demurrer to and motion to strike portions of Windsor's complaint. On July 24, 2017, Windsor served verified responses to the Moller defendants' Form Inter...

Excerpt: ...anctions of $2,500 to plaintiffs. (2) The motion compel defendant Baratto to provide further answers to interrogatories is granted, and Baratto is ordered to serve further verified responses to the interrogatories no later than June 29, 2020. No sanctions are awarded on this motion. Background: On March 8, 2019, plaintiffs Astrid G. Nelson Megel, individually and as trustee for The Westside Irrevocable Trust, and Clifford Nelson filed their origi...

Excerpt: ...ise to criminal proceedings. (1) Chronology of Events Defendant Coast Transport Insurance Service (CTIS) is a California corporation that operates an insurance agency. (Defendants' Response Separate Statement [DSS], undisputed fact 2.) Defendant Scott William Powers (Powers) is the CEO and President of CTIS. (DSS, fact 3 [undisputed on this point].) (Note: Plaintiff has numbered its separate statement facts consecutively in its separate statement...

Excerpt: ...rbara, California that grows and distributes various types of plants. Plaintiff worked for defendant for 22 years as a maintenance employee. Plaintiff alleges that defendant implemented various unlawful policies and practices that resulted in underpayment of wages and deprived employees of lawful rest breaks and meal periods. On November 13, 2019, plaintiff filed a putative class action complaint for (1) failure to pay minimum and straight time w...

Excerpt: ...an Motorcars, Ltd. (DEM), believing that it was ne when it was not. As to demurring party AmTrust Financial Services, Inc. (AmTrust), plaintiff alleges that it is a Delaware corporation, and is the successor to CorePointe Insurances, LLC (CorePointe), who issued Dealer Surety Bond No. 60041 to Desert European Motorcars, Ltd (DEM) under the provisions of Vehicle Code section 17100, effective 2/5/2013, and is therefore liable for DEM's wrongful con...

Excerpt: ...y proceed. Background: Plaintiffs Joseph Mendoza and Femy Servellon are the parents of decedent Liliana Mendoza who died at defendants Bacon Family Childcare, Cathy's Daycare, and Cathleen Bacon's daycare facility. Plaintiffs' complaint is for general negligence. A CMC is scheduled for August 19, 2020. On January 30, 2020, the Santa Barbara District Attorney filed a criminal complaint against defendant Cathleen Bacon, charging her in connection w...

Excerpt: ... vehicle accident on December 25, 2018, apparently by defendant Wei Guan Hua. (Complaint, ¶ 1.) (Note: The qualification, “apparently” is because the only cause of action form attached to the Judicial Council Form Complaint does not name Wei Guan Hua as a defendant in any capacity of operation or ownership of the motor vehicle. (Complaint, ¶ MV-2.)) On October 29, 2019, plaintiff filed his original complaint in this action asserting one cau...

Excerpt: ...ff SRCT Holdings, LLC (“SRCT”) is the owner of the Property. On December 4, 2019, defendant U.S. Real Estate Credit Holdings III-A, L.P. (“U.S. Real Estate”) recorded in the Official Records of the County of Santa Barbara a Notice of Pendency of Action against the Property, Instrument No. 2019-0055855, regarding Los Angeles County Superior Court, West District, Case No. 19SMCV02061, U.S. Real Estate Credit Holdings III-A, L.P. v. Scott Ei...

Excerpt: ...intiffs Minerva Moreno and Leonidas Herrera, III, filed their original complaint in this matter asserting one cause of action for wrongful death against defendants Irma Blancarte, Rosa Blancarte, Monica Blancarte, and Kathryn Calzada dba Handprints Day Care. On January 24, 2020, defendant Rosa Blancarte filed her answer to the complaint. Also on January 24, defendant Irma Blancarte filed her answer to the complaint. The answer of Irma Blancarte w...

Excerpt: ...ranting the remaining individual defendants' motion to quash and/or dismiss plaintiff Save the Valley, LLC's first amended complaint. The court ordered the first amended complaint dismissed. The dismissal was without prejudice pursuant to CCP § 389(b). The court noted, however, that it is clear that plaintiff cannot cure the defect because it cannot sue the United States in this court. (The remaining individual defendants were Kenny Kahn, Vincen...

Excerpt: ...tions & Financial Services, Inc., dba Baratto, Sullivan & Co., Insurance Agency is granted in part. To the extent required herein, on or before, June 29, 2020, defendant Baratto shall serve further responses to request for production Nos. 1, 2, 3, 4, 8, 9, 16 and 18, together with a privilege log identifying all responsive documents withheld from production and sufficient additional information for the court to be able to resolve the claim of pri...

Excerpt: ...he second amended cross-complaint on or before June 29, 2020. Background: (1) Procedural History On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (1240 EVR) filed its original complaint in this action against defendants Andy Goldman and Jan Goldman, Trustees of the Goldman Family Trust, Dated January 18, 2000 (collectively, the Goldmans) asserting causes of action for quiet title, continuing trespass, ejectment, and declaratory relief. On Aug...

Excerpt: ... of designing, developing, sourcing, marketing and selling women's, men's and children's footwear under their owned or licensed brand names. [Complaint ¶2] In their complaint filed on April 13, 2020, plaintiffs allege: Plaintiffs obtained from defendant Hartford Fire Insurance Company Special Multi-Flex Business Insurance Policy No. UUN AB7878, effective from October 15, 2019 to October 15, 2020. [Complaint ¶14] The policy is an “all risks”...

Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...

Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...

Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...

Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...

Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...

Excerpt: ...gment and Defendant's Reply. On or before March 2, 2020, the parties shall filed unredacted copies of all documents filed conditionally under seal. 2. The court, on its own motion, strikes the Sur Reply that plaintiff Erik A. Hennings filed on January 31, 2020, and the declaration of Daniel Kalinowski in support thereof filed on January 31, 2020. The court denies defendants' request for a sanction under CCP § 128.5. 3. The court grants, in part,...

Excerpt: ...ugh that defendants should have corrected or warned of it. The parties reached a settlement of the action at the Mandatory Settlement Conference held on December 7, 2018. The parties agreed that, in exchange for a payment of $80,000 to plaintiff, she would dismiss her lawsuit as to all defendants with prejudice. Each side would bear its own costs. The parties stated that counsel would prepare a release that would memorialize the terms of the sett...

Excerpt: ...ion arises from injuries allegedly suffered by plaintiff in a trip and fall incident which occurred on January 29, 2017, when plaintiff fell after stepping into a deep rut on the parkway adjacent to the sidewalk which abutted defendant's property. Plaintiff served a set of nine requests for admissions upon defendant on October 24, 2019, seeking defendant's admissions that, among other things, he owned the adjacent real property, was a licensed re...

Excerpt: ...perated a commercial cannabis nursery located at 1628 Cravens Lane, Carpinteria. (Second Amended Complaint [SAC], ¶¶ 1, 8.) The nursery sector of the legal cannabis market does not produce cannabis flower/buds for market, but focuses on the earliest stages of plant development, including plant breeding and the productions of vegetative mother plants (up to nine months), clones (up to one month), and teens (up to three months). (SAC, ¶ 9.) In o...

Excerpt: ...ants shall prepare and lodge a judgment consistent with this ruling. Background: On January 8, 2018, plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl...

Excerpt: ...e complaint, plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were allegedly served with a three-day notice to quit the premises, but they have failed a...