Excerpt: ...dividually and as trustees for the Najera Trust UDT 3/6/2000, and Dan Najera filed their complaint for negligence, trespass, nuisance, and assault against defendants Leslie Kay Cavanagh and Rudolph Collaso. Plaintiffs allege that, on June 4, 2015, Collaso, Cavanagh's employee and tenant, threatened Dan Najera with an axe and caused substantial damage to the property of Arthur and Barbara Najera. On February 25, 2019, defendant Collaso, who is cur...

Excerpt: ... to Seal Documents Filed Conditionally Under Seal in Connection with Plaintiff's Motion for Catalyst Fees and Expenses and makes the limited sealing order discussed below. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed 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 Cod...

Excerpt: ...cident. Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to comp...

Excerpt: ... (2) For the reasons set forth herein, hearing on the motion of plaintiff Cinthya Saavedra for approval of the PAGA settlement will be continued to the date of the hearing on the final approval of the class action settlement, which date is to be determined at the hearing of these motions. Background: Defendant Cliff View Terrace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzi...

Excerpt: ...pleading defects. Background: Plaintiff's complaint, filed on June 28, 2018, alleges causes of action for negligence, breach of the warranty of habitability, and nuisance, based upon allegations that she sustained personal injury and property damage from mold which grew in her rental property. She names as defendants John W. Seedorf, Enid K. Seedorf, Seedorf Family Trust, Sierra Properties, Nancy Kaller, and Mariella Stockmal. The defendants are ...

Excerpt: ... 2019. BACKGROUND: In April 2017, plaintiff Carla Jonasson began working for defendant James Gelb as a personal assistant and housekeeper. In exchange for plaintiff's services, defendant provided room and board to plaintiff and her two children in his house, but no salary. Plaintiff's duties usually began around 8:30 a.m. and often continued to 9:00 or 10:00 p.m. Plaintiff was required to clean defendant's house, do his laundry, prepare his food,...

Excerpt: ...be an exhaustive recitation of the background of this proceeding, and is set forth only to provide a basis for understanding the issues raised by the petition. To the extent that additional facts not contained herein prove relevant to the Court's analysis, they will be discussed in the Court's analysis of the issues.] This proceeding was filed after the California Coastal Commission, on de novo appeal from the County's grant of a Coastal Developm...

Excerpt: ...ately resulted in his arrest for resisting an officer, and he contends that Santa Barbara Sheriff's Department Deputy Colbin Spears (actually Derek Spears) used excessive force in effecting the arrest, causing him great pain and injury. The next day, he filed a FAC alleging 5 causes of action, including assault, battery, false arrest, imprisonment, negligence, intentional infliction of emotional distress, and violation of 42 U.S.C., § 1983. At a...

Excerpt: ...at 9:30 a.m., in this department, why each of these cases should not be re-transferred forthwith to the Small Claims Court. Background: Defendant Meister & Nunes, P.C. (Meister) is owned by Shelley Nunes. On November 9, 2018, it filed separate actions in Small Claims Court based upon separate debts owed to it for tax services performed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon it...

Excerpt: ...s scheduled for March 20 and trial for March 22. Motion: Wollman moves for summary judgment on the ground that Jezek has waived termination of the tenancy by accepting money orders for rent in the amount of $1,500 on February 12 or 13, 2019. Under the rental agreement, rent is due on the 12th of each month. The February 12 rent payment was for rent through March 11, which is beyond the date of termination of the tenancy. In an unlawful detainer a...

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: ...plaintiff Roy E. Stephenson alleges that he was defrauded into purchasing a 2011 Porsche 911 Carrera S Cabriolet from defendant Desert European Motorcars, Ltd. (“DEM”), believing that it was new when it was not. The SAC alleges that DEM and defendant Porsche Cars North America, Inc. (“PCNA”) conspired to defraud plaintiff and that defendants filed fraudulent registration and title documents with the California Department of Motor Vehicles...

Excerpt: ...H ICON's counsel granted an extension for Ike's Place to answer until March 4. Ike's Place filed an answer on that date. (SH ICON says it was not filed then but court records reflect that it was.) On January 30, 2019, Ike's Place filed a verified complaint for breach of contract and fraud against SH ICON (Case No. 19CV00530). Ike's Place alleges that it exercised a termination option in its initial lease. Ike's Place further alleges that it agree...

Excerpt: ... appear for a neurological IME with Dr. Ludwig on or before April 25, 2019, is granted. Defendant is awarded monetary sanctions against plaintiffs and their attorneys, jointly and severally, in the sum of $3,800.00. BACKGROUND: This is an action for personal injuries stemming from an automobile versus two pedestrian accident. On January 23, 2017, at approximately 6:30 p.m., plaintiffs Michael Hines (“Michael”) and Marlene Hines (“Marlene”...

Excerpt: ...al Release (“SA”) resolving their disputes in this action. On April 25, 2018, the parties jointly requested dismissal of the entire action, and the court entered dismissal of the action with prejudice. The request for dismissal and the SA provide that the court is to retain jurisdiction to enforce the terms of the SA pursuant to CCP § 664.6. The pertinent terms of the SA are: 1. The parties would execute an Amended and Restated Roadway Easem...

Excerpt: ...le as new when it had been extensively used as a dealer “demo” car and seeks damages against DEM and its employees based upon the misrepresentation. On January 11, 2019, after ruling on plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, granting the motion as to eight responses and denying the motion as to 22 responses, the court stated: “The Court has already ruled on a least five discovery motions and two ...

Excerpt: ...nd: The petition for writ of mandate filed by petitioner John Doe (John) on October 27, 2016, arose from the eight quarter (2 year) suspension imposed upon him by the Regents of the University of California (Regents), after a two- member Committee conducted a hearing to determine if John, then an undergraduate senior at the University of California at Santa Barbara (UCSB) had on June 26, 2015, sexually assaulted Jane Roe (Jane), also a UCSB under...

Excerpt: ...e order. If the conditions set forth herein are not acceptable to the parties, then the third amended petition is denied without prejudice. 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....

Excerpt: ... complying with the Code of Civil Procedure on or before March 11, 2019. All requests for an award of monetary sanctions are denied. The motions are in all other respects denied as moot. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed 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 (Civ. Code...

Excerpt: ...d. BACKGROUND: This is an insurance coverage dispute involving three insurance companies, plaintiff Western World Insurance Company (“Western”) and defendants Associated Industries Insurance Company, Inc. (“Associated”) and Federal Insurance Company (“Federal”). The complaint arises from an underlying wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et al., Santa Barbara Superior Court Case No. 15...

Excerpt: ...leta, California 93117 to defendant Deborah Lloyd for $3,000.00 per month. Defendant subsequently defaulted in the payment of rent and on January 10, 2019, she was served with a 3-day notice to pay rent or quit. As of the date of the notice, the amount of rent due and owing was $21,000.00. Defendant failed to cure the default and on January 16, 2019, plaintiff filed his verified complaint for unlawful detainer. Defendant did not deny any of the a...

Excerpt: ...ormed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon its failure to pay $300 for tax services performed for the 2015 tax year; (2) 18CV05548, against Filippini Wealth Management, Inc., based upon its failure to pay $1,300 for payroll and tax services performed related to the 2015 and 2017 tax years; (3) 18CV05551, against Iaian Filippini, based upon his failure to pay $200 for tax ser...

Excerpt: ...ore for unlawful detainer. The complaint alleges that Moore was hired by Davis to be Davis's personal assistant which employment included as part of its compensation occupation of a portion Davis's home located at 852 Chelham Way, Santa Barbara (the Premises). (Complaint, attachment 6a.) The contract of employment was ended by Davis on July 1, 2018. (Ibid.) Thereafter, Davis requested that Moore move out of the Premises, but Moore refused. (Ibid....

Excerpt: ... 6530 Seville Road, Goleta, California 93117, to defendant Ike's Place #9, LLC for operation of a retail sandwich shop. The initial lease term was for ten years with a base rent of $5,614.50 per month, plus operating expenses. In July 2018, the lease agreement was amended, effective January 1, 2018, to provide for a gross rent of $5,600.00 per month. Plaintiff contends that defendant breached the lease agreement and on December 13, 2018, defendan...

Excerpt: ... vehicle driven by defendant Kimberly Mast, and owned by Derek Mast, Kimberly Mast's husband. Henry sustained serious injuries to his right foot and ankle in the incident, including third- degree burns. His injuries were evaluated and treated at Goleta Valley Cottage Hospital on that day. Henry later underwent skin grafting to his right foot and ankle, performed on September 29, 2014, at Children's Hospital Los Angeles. While Henry's injuries hav...