Excerpt: ...erve their second amended complaint on or before August 5, 2019. (2) For the reasons set forth herein, the motion of defendant Meister & Nunes, PC, to strike portions of the first amended complaint is granted, with leave to amend, to strike the words “bearing the name ‘Ann-Marie Morahan' with her home address, social security number and tax liability for 2015” from paragraph 13 and the words “an injunction and” from paragraph 38. In all...

Excerpt: ...errace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzik decl. re PAGA, ¶ 3.) Plaintiff Cinthya Saavedra worked for Cliff View as a certified nursing assistant at Cliff View's Mission Terrace Convalescent Hospital facility in Santa Barbara from 2016 until April 2017. (Ibid.) The operative complaint, the second amended complaint (SAC), was filed on May 11, 2018. The SAC assert...

Excerpt: ...d property which abuts Tollis Avenue. Both parcels are accessed from Tollis Avenue by a common driveway. The area slopes southward down toward Tollis Avenue, and the upper parcel acquired by Lighthouse Trust has ocean views. Each property is improved with a single family residence with attached garage. Lighthouse Trust seeks to merge the two parcels into one 2.12 acre parcel, to demolish the existing residences and other structures, and to constr...

Excerpt: ...) on behalf of herself and her son, plaintiff Santo Massine (“Massine”), a minor. Defendant is Janet Berschneider aka Jenna Berg (“Berg”) acting individually and as Trustee of the Berg Family Trust. Berg is the owner of real property located at 322 East Arrellaga Street, Santa Barbara, California 93101, where plaintiffs lived from February 2017 to July 2017. In October 2018, the parties settled the action, with defendant agreeing to pay $...

Excerpt: ...g and Associates, LLC (Company or LAALLC) from entering into agreements to sell their respective membership interests and to compel those members to sell their interests to Shumake under the terms of the Company's Operating Agreement. The motion is opposed by the defendants. (Note: The moving papers do not include electronic bookmarks for exhibits as required by Rules of Court, rule 3.1110(f)(4). The exhibits are not consecutively paginated in vi...

Excerpt: ...ez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00378 (Probate Case). (Complaint, ¶ 5.) On March 23, 2017, a Notice of Proposed Action was filed in the ...

Excerpt: ...d their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1750 et seq.); (2) violation of California Fair Advertising Law (“FAL” – B&P Code §§ 17500 et seq.); and, (3) violation of California Unfair Competition Law (“UCL” – B&P Code §§ 17200 et seq.). On July 23, 2018, after the co...

Excerpt: ...C (BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would...

Excerpt: ...he matters identified by the court. The court grants plaintiff leave to amend the complaint, if so desired, with an amended complaint to be filed on or before June 21, 2019. Background: On September 14, 2018, plaintiff Kim Ham filed her complaint in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Co...

Excerpt: ...al complaint in this action against defendants Barbara Kellner, Welterlen- Kellner, Inc., and Paw Asset Management, LLC. (Welterlen-Kellner, Inc., and Paw Asset Management, LLC, are referred to herein as the “entity defendants.”) On October 13, 2016, plaintiff Lisa Sands filed her original complaint in case number 16CV04593 against the same defendants. On October 17, 2016, the Etz plaintiffs filed their first amended complaint in this action....

Excerpt: ...(BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would c...

Excerpt: ...0 days of the date of this order. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101. The residential property is owned by defendant Janet Berschneider aka Jenna Berg acting individually and ...

Excerpt: ... is granted. Background: On June 25, 2018, plaintiff Charles Franzen, by and through his guardian ad litem, Michael Franzen, filed his original complaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an infusion port removal surgical procedure on plaintiff Charles Fran...

Excerpt: ...filed their putative class action complaint against defendant Ken's Foods, Inc., alleging causes of action for (1) violation of the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), (2) violation of the California False Advertising Law (Bus. & Prof. Code §17500 et seq.), and (3) violation of the California Unfair Competition Law (Bus & Prof. Code §17200 et seq.) Plaintiffs allege that they purchased a variety of salad dressing...

Excerpt: ...r, motion to strike, and motion to quash, was dismissed without prejudice on January 28, 2019. In the current action, a First Amended Complaint (FAC) was filed on April 15, 2019, to correct the defect in the original complaint, which impermissibly been filed without having been verified. The FAC alleged that the parties entered into a written agreement under which defendant was to pay $2,900/month for a period of 5 years. It alleged further that ...

Excerpt: ...d the sheriff attempt service at a large complex of numerous businesses and the sheriff sought more direction. Plaintiff then had the sheriff attempt service at defendant's residence on three occasions on November 14, 15, and 16, 2017, between 1:40 p.m. and 2:50 p.m. On April 11, 2017, the court entered an order for publication of summons. Notice was published in the Montecito Journal. Plaintiff requested and the court entered defendant's default...

Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...

Excerpt: ..., 4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Def...

Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...

Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...

Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments...

Excerpt: ...nt in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00338 (Probate Case). (Complaint,...

Excerpt: ...mplaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...

Excerpt: ...ecting the parties to complete the deposition of Milton Grajeda. To the extent the motion seeks monetary sanctions, it is granted in the amount of $900, constituting the attorneys' fees incurred by 530 Anapamu to oppose plaintiffs' unsuccessful ex parte application to compel further discovery responses. Background: On July 24, 2014, plaintiffs Mary Kadak, Milton Grajeda, Mardoqueo Grajeda, Rufina Grajeda, Analise Grajeda, and Brandon Grajeda file...

Excerpt: ...4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Defen...