Excerpt: ... to cure. Background: On July 29, 2016, plaintiffs American Express Bank, FSB, and American Express Centurion Bank and defendant Michael Sandel filed a Stipulation for Conditional Entry of Judgment (“Stipulation”). On August 8, 2016, the court entered an order dismissing the case and retaining jurisdiction pursuant to CCP § 664.6 over the parties to enforce the Stipulation. The Stipulation provided that plaintiffs shall recover $48,666.49 (i...

Excerpt: ...s 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 Dec. ¶ 2.) At the mediation on May 17, the parties agreed to a settlement and each plaintiff executed a separate Settlement Agreement and Release. (Id. ¶ 3, Exhibit A.) Each settlement agreement provided that “Defendant” would pay a sum to each plaintiff...

Excerpt: ...rt. Defendant is ordered to provide further responses to RFP Nos. 15, 18, 21, 22, 23, 24, 27, and 42, SPI Nos. 5 and 6, and FI No. 50.5. The further responses shall be provided on or before January 10, 2020. In all other respects, plaintiff's motion to compel is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundat...

Excerpt: ...equent depositions of both plaintiffs Patrick William Kinsella and Snejana Kinsella and orders both plaintiffs to make themselves available for subsequent depositions in California. The subject of the subsequent depositions shall be limited to the loss of consortium cause of action, including damages. Plaintiffs shall be solely responsible for their own travel costs. Nothing in this order shall limit other means of discovery. Background: The acti...

Excerpt: ...gh the entrance of the store and struck plaintiff. His complaint, filed March 6, 2017, asserted claims against Golomb, Trader Joe's Company, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after t...

Excerpt: ...oseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Frances Cardilino reside at 15 Fellowship Circle (the Cardilino Property). (Complaint, ¶ 2.) The Cardilino Property is located in the center of Fellowship Circle, with neighboring homes surrounding it. (Ibid.) The Cardilino Property faces the Benaron Property. (Ibid.) In February 2016, plaintiffs began ...

Excerpt: ... California State Lands Commission shall file an amended complaint on or before December 30, 2019. Complaint: 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. The Commission alleges: On February 29, 1968, the Commission is...

Excerpt: ...ction was filed. Defendant would make a $4,000 payment on May 24, 2017, followed by payments of $400/month through October, 2017, and then $500/month payments through April 2020, for a total payment of $21,000. That total was to include $725.80 in court costs, and would reflect a settlement forgiveness of $17,207.23. If defendant defaulted on any payment, and failed to cure that default within seven days after written notice of default was provid...

Excerpt: ... proofs of service filed on October 9, 2019, is ordered quashed. On its own motion, the court strikes the second amended complaint, filed September 16, 2019, as not filed in conformity with the laws of this state. (2) For the reasons set forth herein, the motion of defendants Kenny Kahn, Vincent Armenta, Raul Armenta, Maxina Littlejohn, Gary Pace, Mike Lopez, and Bill Peters to quash service of summons on the grounds of lack of jurisdiction is mo...

Excerpt: ...other equitable relief, was filed by the People on January 28, 2019. It alleges that defendant Highland Green, Inc. (HGI) at all times operated a cannabis cultivation site on four parcels within Santa Barbara County (131-090-073, 131-090-074, 131-200-016, and 131-200-018), also known as 1825 Tepusquet Road and 7930 Blazing Saddle Drive in Santa Maria. Defendant Highland Hilltop Ranch, Inc. (HHRI), formerly known as Unified Investments, Inc., is o...

Excerpt: ...Frances Cardilino is granted to strike paragraph 9 of the prayer of the complaint, with leave to amend, and is otherwise overruled. (3) As set forth below, plaintiffs shall file and serve their first amended complaint on or before January 6, 2020. Background: As alleged in the complaint: Plaintiffs Joseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Fran...

Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...

Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...

Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...

Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...

Excerpt: ...aterials and data are not required to be disclosed by Dr. Stenquist to counsel. Background: This is an action arising from an automobile versus pedestrian accident in which, among other things, plaintiff Michael Hines claims damages from a traumatic brain injury. Philip K. Stenquist, Ph.D., ABCN, a psychologist, was retained by counsel for defendant Nancy Hoolahan to review records and to examine Michael Hines. (Stenquist decl., ¶ 3.) On May 21,...

Excerpt: ...al Fire & Marine Insurance Company is sustained, with leave to amend, as to the third (fraud) cause of action, and the demurrer of all demurring parties is sustained, with leave to amend, as to the seventh (negligent misrepresentation) cause of action. Plaintiff Start, Inc., shall file and serve its second amended complaint on or before November 25, 2019. Background: Plaintiff Start, Inc. (Start), owned and operated a commercial cannabis nursery ...

Excerpt: ...nto a written lease and addendum to lease for commercial premises located at 427 State Street, Santa Barbara, California 93101. Because defendant was starting a new business, the lease payments for the first six months were at a reduced rate. Once the initial six-month trial period had elapsed, and if defendant elected to continue his tenancy, the monthly rent was increased to $6,000.00 per month, starting August 2019. Defendant continued his ten...

Excerpt: ...nd Patricia Dark, and specially appearing for Joseph Lockhart: Michael C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendant Joseph J. Lockhart to quash the “Doe 1” amendment to the first amended complaint is granted and the amendment filed September 18, 2019, is ordered stricken. Background: On September 4, 2015, plaintiff Stacy McCrory filed her action against defend...

Excerpt: ...a, Law Offices of Berglund & Johnson For Defendant National Railroad Passenger Corporation (Amtrak): Michael E. Murphy, Brock Christensen, Sims Law Firm, LLP TENTATIVE RULING: The motion of defendant Amtrak to compel discovery is granted in part and denied in part. The motion is granted to require a further verified written response, without objection and in a form complying with the Code of Civil Procedure, to request No. 56 of defendant Amtrak'...

Excerpt: ... there are triable issues of fact as to whether defendant complied with the standard of care and/or whether defendant's conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND: This is an action for alleged medical negligence. On August 17, 2017, plaintiff Norma Vences underwent a surgical procedure known as a bilateral tubal ligation at the Surgical Arts Center in Santa Barbara, California. The procedure was performed by de...

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: ... 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: ...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: ...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...