Excerpt: ...our is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first amended complaint on or before March 9, 2020. Background: As alleged in the first amended complaint (FAC) of plaintiff Allison Armour: Plaintiff Armour and defendants Bruce Tamao Hayashi and Janice Hayashi (collectively, the Hayashis) are neighbors owning adjoining parcels of real property. (FAC, ¶ 1.) Armour's prop...

Excerpt: ...'s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied entered into an Agreement for Cardiovascular Perfusion Services with Santa Barbara Cottage Hospital, under which Allied would furnish perfusion personnel and perform perfusion services for Cottage as an independent contractor for a five-ye...

Excerpt: ...llowing a foreclosure sale. 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 served with a three-day notice to quit the premises, but they have fai...

Excerpt: ...nd: As set forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee...

Excerpt: ... 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. (Complaint, ¶ GN-1.) On October 9, 2019, Dr. Conway filed his answer to the complaint. On October 25, 2019, Dr. Conway filed his amended answer to the complaint. On December 31, 2019, Dr. C...

Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...

Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...

Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...

Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...

Excerpt: ...t for attorney fees and costs. Background: This is a neighborhood dispute arising out of applications for construction of an accessory dwelling unit (ADU) on each of two properties owned by defendants. Plaintiff Arriba Way Citizens United (AWCU) seeks a preliminary injunction to prevent construction of the ADUs pending disposition of the merits of this action. Defendant Gregory M. Patronyk is the trustee of the Gregg Patronyk Revocable Trust date...

Excerpt: ...826.13, its costs for lodging and meals (unrelated to depositions) in the amount of $4,307.70, and its vehicle rental costs in the amount of $1,837.27. In all other respects, Armstrong's motion to strike or, in the alternative, to tax Harrison's revised cost memorandum is denied. BACKGROUND: This action arises out of a residential construction project that included a large wooden deck on property located at 1196 E. Mountain Drive, Santa Barbara, ...

Excerpt: ... and all responsive documents, shall be provided on or before February 14, 2020. The requests for monetary sanctions by both sides are denied. Plaintiffs' motion to compel attendance, testimony, and production at depositions is denied. The parties shall meet and confer and proceed with the depositions of the custodian of records, the PMK witnesses, and Eric Shuman as proposed by defense counsel on December 16, 2019. The depositions shall be compl...

Excerpt: ...Vincent originally filed this action on July 19, 2016, in the San Francisco Superior Court. It was transferred to this Court in December 2016. In his first amended complaint, Vincent alleges that defendants The State of California, California Highway Patrol (“CHP”), and CHP Captain Mark D'Arelli terminated his 8-year employment in November, 2014, after he took an emergency medical leave of absence to locate and care for his disabled sister in...

Excerpt: ...pril 29, 2016, pursuant to a written lease agreement, plaintiff leased premises to defendant located at 4436 La Tierra Lane, Carpinteria, California 93013. The lease payment was $3,600.00 per month, due on the first of the month. The initial lease term was twelve months, but the tenancy was later converted to month-to-month. In April 2018, defendant allegedly breached the rental agreement by failing to pay the required rent. On September 20, 2019...

Excerpt: ...t page 11, line 3, without leave to amend. The court orders stricken from the first amended cross-complaint ¶36; ¶46; prayer #5 at page 10, line 28; and prayer number 9 at page 11, line 6, with leave to amend. Background: On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (“1240”), commenced this action against defendants Andy Goldman and Jan Goldman, trustees of the Goldman Family Trust (“Goldman”). The parties own adjacent propertie...

Excerpt: ...se of residential property located at 780 Ladera Lane, Santa Barbara, California 93108 (the “Property”). The loan was acknowledged by a promissory note, dated January 5, 2008, which provides that the $500,000.00 amount shall be paid back with interest at the rate of 6% annually, but if Michel cannot afford to make payments on the note, then the money shall be paid back, with interest, when the Property is sold. The note further provides that ...

Excerpt: ...ance Company's 24th Affirmative Defense. The court orders Twin City Fire Insurance Company's 32nd Affirmative Defense stricken from the answer. Background: This is an insurance coverage action that plaintiff Somera Capital Management, LLC, commenced against defendants Twin City Fire Insurance Company and The Swett & Crawford Group, Inc. (There is no proof of service indicating service on defendant Swett & Crawford, which apparently merged into CR...

Excerpt: ...verruled in its entirety. Cross-defendant shall file and serve its answer to the cross-complaint on or before January 27, 2020. (2) For the reasons set forth herein, the motion of cross-defendant Daniel Casey dba Deco Drywall & Plaster to strike portions of the cross-complaint of cross-complainants DD Ford Construction, L.P., and DDF Management, LLC, is denied in its entirety. Background: On June 11, 2019, plaintiff J. Michael Property Investors,...

Excerpt: ...State Bar of Texas, for admission pro hac vice to appear as counsel in this action are granted. (1) Motion to Compel Arbitration Background: As alleged in the operative complaint of plaintiff Remedial Construction Services, L.P. (RECON), this dispute arises from the demolition, remediation, and restoration of the Gaviota Terminal (the Project). (First Amended Complaint [FAC], ¶ 1.) Prior to RECON's involvement in the Project, defendants AECOM, I...

Excerpt: ...ll statutory references are to the Government Code.) Respondent County of Santa Barbara opposes the petition. Petitioner's son, Alex Braid, died while in custody at the Santa Barbara County Jail on July 5, 2018. On January 29, 2019, petitioner presented an application for leave to file a late claim pursuant to § 911.4. County denied that application on February 16, 2019. Petitioner contends that the cause of action did not accrue until July 3, 2...

Excerpt: ...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., ¶ 2.) At the mediation on May 17, the parties agreed to a settlement. (Miller decl., ¶ 3 & exhibit A.) (Note: The declaration fails to include electronic bookmarks for exhibits as required by Rules of Court, rule 3...

Excerpt: ...rimination case (case No. 19CV02931, the Discrimination Case). The plaintiff in the UD Case, The Parsons Group, Inc. (Parsons), is the defendant in the Discrimination Case; the plaintiff in the Discrimination Case, David Rea, is the defendant in the UD Case. The UD Case was filed on April 22, 2019. The UD Case is based upon a thirty-day notice to quit which asserts that Rea has violated the terms of his lease to premises located at 1116 De La Vin...

Excerpt: ...kground information for the settlement, which was set forth in the Minute Order from the initial August 30, 2019 hearing on this matter. As that Minute Order reflects, this Court had a number of concerns regarding the settlement itself, and the provisions it made for notification of the class. The Court requested the parties to provide further information no later than September 20, 2019, that would assist it in evaluating the proposed class sett...

Excerpt: ...evailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen and...

Excerpt: ...o Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order ...