Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...

Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...

Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...

Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...

Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...

Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...

Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...

Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...

Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...

Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...

Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...

Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...

Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...

Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) were served with the unlawful detainer complaint in early January 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...

Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...

Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 2023 Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbre Ranch Living Trust dated J...

Excerpt: ...eged in plaintiff Dennis Tegard's complaint filed on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate, refer to Westmont, Boyd, and Maes, collectively, as...

Excerpt: ...n paragraphs 37, at page 9, lines 1 to 2 (“Cross-Defendants' false accusations regarding Cross-Complainant have inhibited and impaired Cross-Complainant's use of his backyard.”), 44, at page 9, line 27, to page 10, line 2 (“Cross-Complainant contends that Cross-Defendants intentionally or recklessly defamed his character and reputation and did so with malice.”), 45, lines 5 to 7 (“Cross-Complainant desires a judicial determination of th...

Excerpt: ... on July 20, 2020, by plaintiffs Epifanio Armenta, Alex Garcia, Jose Albarran Hernandez, Josue Gamino, Manuel Hernandez, and Diego Rodriguez Garcia. Plaintiffs filed a first amended complaint (FAC) on September 10, 2020. On November 20, 2021, defendants' demurrer to the FAC was sustained with leave to amend. On December 3, 2020, plaintiffs filed the operative second amended complaint (SAC). The SAC names as defendants R.J. Carroll & Sons, Inc. (R...

Excerpt: ... further responses, without objection and in a form complying with the Code of Civil Procedure, on or before December 23, 2022. (2) Michael D'Alise shall provide a true and correct copy of the criminal protective order, referenced in his response to form interrogatory-general No. 2.5, to plaintiffs' counsel, on or before December 23, 2022. (3) Michael D'Alise shall provide proper, code compliant, verifications to his amended responses to request ...

Excerpt: ...Mutual Automobile Insurance Company's (State Farm) complaint filed on February 3, 2021, alleges one cause of action for subrogation against defendant Diamond Finish Auto Body, Inc. (Diamond Finish). As alleged in the complaint, on May 15, 2018, Diamond Finish was hired to repair State Farm's insured's vehicle. In performing the repairs, Diamond Finish only replaced the negative terminal on the insured's electric car even though both terminals nee...

Excerpt: ...atters remaining for the court at this time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200...

Excerpt: ...n its Minute Order dated May 20, 2022, the court, noting that Corporations Code section 17711.06, subdivision (a), required the filing of a “complaint”, ordered the hearing on the petition off calendar as premature. On May 23, 2022, Welsh filed his complaint in this matter against defendants Fiore Management, LLC (Fiore) and Adrian Z. Sedlin (Sedlin), stating that two causes of action for breach of contract and violation of Corporations Code ...

Excerpt: ...nt filed on December 26, 2019, on November 26, 2014, plaintiff entered into a written agreement with David Stephen Sorensen aka D. Stephen Sorensen aka Steve Sorensen (Mr. Sorensen), Mr. Sorensen and Shannon Sorensen (Ms. Sorensen) as Trustees of the Sorensen Trust dated July 29, 1991 (the Sorensen Trust), Esperer Holdings, LLC (Esperer LLC), Esperer Holdings Inc. dba Esperer Holdings LLC (Esperer Inc.), Robin Hill, LLC (Robin Hill), and SSST Hol...

Excerpt: ...ds. Herbl may redact any particularly sensitive information such as account numbers, tax identification numbers, or social security numbers that appear on the documents. 2. The motion is denied as to request No. 3. 3. The motion is denied as to requests No. 7 and No. 8. 4. The motion is granted as to requests No. 9 and No. 10. 5. The motion is denied as to requests No. 15 through 18. 6. To the extent that Herbl asserts an objection on the grounds...

Excerpt: ...ned upon the filing of an undertaking) only, the motion is denied without prejudice to the later bringing of a procedurally appropriate motion under section 405.33. The requests of all parties for an award of attorney fees and costs are denied. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonat...

Excerpt: ...es and to production demand Nos. 1‐8 shall be made without the objections asserted by AECOM in its prior responses, given their complete failure to justify any of the objections in opposition to the motions. Responses shall be provided to production demand Nos. 9‐40 without any objections, which were waived by AECOM's failure to provide any timely responses to these requests. Sanctions of $7,500 will be awarded to RECON for each motion (for a...

Excerpt: ...l not be used or disclosed except in connection with this litigation. The parties shall meet and confer regarding the specific language of the protective order. (3) If not already completed, the parties shall finalize the Belaire-West notice. (4) Rich & Famous, Inc. dba Big Green Cleaning Company shall provide verified responses, absent objections except as to privilege, on or before November 28, 2022. (5) The request of plaintiff for an award of...

Excerpt: ...the complaint, on December 12, 2017, Levine signed a residential appraisal report (the appraisal) she prepared with respect to real property located at 2671 Painted Cave Road in Santa Barbara (the property). (Complaint, ¶ 8 & Exh. 1.) The appraisal identified the client name/intended user as Val‐Chris Investments, Inc. (Val‐Chris). (Ibid.) The value of $4.5 million attributed to the property in the appraisal was grossly inflated. (Id. at ¶ ...

Excerpt: ...d by Defendants Roe and Smythe related to an insurance claim involving an apartment building, in Pasadena, California, owned by plaintiffs. Michelle Smythe and Smythe Law Group (“Smythe Defendants”) were served on July 6, 2022. It does not appear that defendant Robert Roe has been served. The Smythe defendants filed the motion for change of venue, from Santa Barbara County to Los Angeles County on July 29, 2022. They argue that venue is prope...

Excerpt: ...ount of $1,711.67 (Memorandum of Costs section (5)), will not be allowed; (3) Court Reporters Fees (Memorandum of Costs section (12)) will be allowed at the reduced amount of $1,795.50; (4) All other claimed expenses in the Memorandum of Costs will be allowed; (5) The court orders an award of costs in the amount of $40,852.69, pursuant to the Memorandum of costs, payable in favor of Eric Woosley and against Sheila Gianelli. Background: On May 5, ...

Excerpt: ...er against defendants Haley Christina and Alexandre Hort (defendants) alleged that on August 16, 2021, Kent, as owner, and defendants, as tenants, entered into a written residential rental agreement for premises located at 312 E. Sola Street, Unit 1, in Santa Barbara, California. (Compl., ¶¶ 3.a, 4, 6.a, 6.b, Exh. 1.) Defendants agreed to rent the premises as a one‐year tenancy and to pay monthly rent in the amount of $2,950. (Id. at ¶¶ 6.a...

Excerpt: ...ges that Havlik, as owner, and Dziedzic, as tenant, entered into a written residential rental agreement for premises located at 1007 Chino Street, Unit B, in Santa Barbara, California. (Compl., ¶¶ 3, 4, 6.a, 6.b, Exh. 1.) Dziedzic agreed to rent the premises as a month‐to‐month tenancy and to pay monthly rent in the amount of $1,950. (Id. at ¶ 6.a.(1) & (2).) On January 1, 2019, Dziedzic's rent increased to $1,975.00 per month. ( Id. at ¶...

Excerpt: ...s been renting the subject premises since May 25, 1985, on a month-to-month basis, and was served with a 60-day notice to quit on July 23, 2022. On September 2, 2022, defendant filed a general demurrer to the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 subd. (e). Defendant filed a supplement to the demurrer on September 6, 2022. The supple...

Excerpt: ...da Bridge in Santa Barbara County, California. Plaintiffs Ronald and Sandy Wilmot (Wilmots) filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. The FAC contains causes of action for (1) negligence, (2) negligent entrustment, (3) danger...

Excerpt: ...aged to be married in 2020. (FAC, ¶ 6.) With the assistance of a wedding coordinator, plaintiffs chose the Four Seasons Biltmore resort (the resort), which is owned by defendant 1260 BB Property LLC dba Four Seasons Resort The Biltmore Santa Barbara, to host the wedding. (Id., ¶¶ 3, 6.) At the time, the resort was closed due to the Covid-19 pandemic. (Id., ¶ 7.) Plaintiffs were assured by employees of the resort that the closure would be temp...

Excerpt: ...nt. (Note: Due to common surnames and to avoid confusion, the court refers to each judgment debtor by their first names. No disrespect is intended.) Steven L. Powell, who is the assignee of a judgment, filed a motion for an assignment order regarding David and Courtney's right to payment from a trustee of a bypass trust. As stated in the declaration of Steven Powell submitted in support of the motion, the court entered a judgment against David an...

Excerpt: ...complaint was served on August 12, 2022. On September 15, 2022, plaintiff filed the present motion for trial setting preference on the grounds that plaintiff is 91 years old and suffers from age related “brain atrophy, which impacts his cognitive function, including problems with focusing, memory, and performing everyday tasks.” (Motion, p. 3, lines 15-16.) The motion was originally scheduled to be heard on December 16, 2022, but on September...

Excerpt: ... by defendant James D. Langhorne. Alcaraz alleges that Langhorne was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, Alcaraz filed his complaint, alleging a single cause of action for motor vehicle liability. Alcaraz seeks general damages, special damages, and punitive damages. In support of his prayer for punitive damages, Alcaraz states that the acts of Langhorne “were malicious and oppr...

Excerpt: ... be permitted by the Court at the hearing. TENTATIVE RULING: For the reasons more fully articulated below, the Court will deny the petition for writ of mandate in its entirety. Background: The California Medicinal and Adult‐Use of Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) establishes comprehensive licensing and regulatory requirements for both medical and adult use of cannabis in the state. The Act allows local gov...

Excerpt: ...n is denied. Background: The complaint filed by plaintiff Armand Rios (Rios) on January 22, 2016, alleges that Rios was a tenant of real property owned by defendant Gloria Gonzalez, individually and as Trustee of Trust A of the Ramundo and Gloria Gonzalez Family 2002 Revocable Trust dated June 14, 2002 (Gloria) and located at 6598 Stagecoach Road in Santa Barbara, California. Defendant Tony Gonzalez (Tony) is Gloria's son. (Note: Due to common su...

Excerpt: ...her of their depositions. Background: This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian‐automobile accident. Aileen Paquillo (Paquillo) is a receptionist at ProMed Spine. She has no job responsibilities that relate to medical treatment of patients, billing coding or payments at ProMed Spine. (Paquillo Dec. ¶¶ 1‐2.) Juan Ceja (Ceja) is a deposit...

Excerpt: ...a, Inc. (HSG) and defendant City of Santa Barbara (City), and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (FRL). Plaintiffs Flightline, HSG, and HSG's principals, Manuel Perales, Mario Medina, and Paul Ybarra allege: On March 26, 2015, HSG entered into a lease (Lease) with City for a restaurant location at 521 Firestone Road on the City's airport property. (First Amended Complaint [FAC], ¶¶ 20‐22 & exhibit A.) P...

Excerpt: ...complaint and alleges non‐payment of rent. According to the complaint, Schwan has been renting the subject premises from Jordan, on a month‐to‐month basis since October 5, 2017. On, or about, August 19, 2022, Jordan personally served Schwan a three‐day notice to pay rent or quit alleging owed rent for the period of August 5, 2022, to September 4, 2022. On September 6, 2022, Schwan filed a general demurrer to the complaint on the grounds t...

Excerpt: ... the premises, (2) Costs incurred in the proceeding, and (3) Forfeiture of the agreement. Plaintiff's proof of service indicates that the summons, complaint, mandatory cover sheet and prejudgment claim of right to possession were served via substituted service on July 25, 2022 by leaving the documents with co‐defendant Michael Chavez (a person over the age of 18) at the dwelling house or usual place of abode of Liliana Sanchez. Plaintiff therea...

Excerpt: ...further verified responses must fully comply with Code of Civil Procedure sections 2031.210, 2031.220, 2031.230, and 2031.240. Except as otherwise granted, the motion is denied. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and ...

Excerpt: ...any, LLC, by the Los Angeles Superior Court (LASCt), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on ...

Excerpt: ...rs”). On August 5, 2022, defendants filed a motion to quash service of summons claiming that service of the summons was not properly effectuated. On August 26, 2022, the court denied the motion to quash. On September 15, 2022, defendants filed this general demurrer to plaintiff's complaint on the grounds that (1) the complaint does not state facts sufficient to constitute a cause of action and (2) that the three‐ day notice to pay rent or qui...

Excerpt: ...ause of action (inverse condemnation). (2) Subject to the qualifications set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike paragraph 217 of plaintiffs' fourth amended complaint is granted without leave to amend. (3) Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., shall file and serve their answers to the 4AC, as it exists after this ruling, on or before Oc...

Excerpt: ...ed on any improperly asserted objections, it shall produce any such document to plaintiff on or before September 28, 2022. In addition, the Court awards sanctions in favor of plaintiff against Raytheon in the amount of $5,910, payable to plaintiff's counsel. Payment of sanctions is due by October 16, 2022. Background: In her First Amended Complaint (FAC), plaintiff Caron Vranish asserts eight causes of action against defendant Raytheon Company (R...

Excerpt: ...d below, the motion to strike the promissory estoppel cause of action and the prayer for attorneys' fees were rendered moot by this Courts rulings on the demurrers. Plaintiffs may file any amended complaint on or before September 30, 2022, or such other date as this Court may specify at the hearing on these matters. BACKGROUND: Plaintiffs Better Hoberman and Michael A. Hoberman (Hoberman) are alleged to be the beneficial owner and record title ow...

Excerpt: ...ecifically those identified as “Exhibits” by Petitioner, and as “971 EDM's Exhibit” by County. While this Court believes some or all of the exhibit(s) may also be a part of and included in the Administrative Record which was recently lodged with the Court, the absence of any separately filed “exhibit” has precluded it from confirming that fact. Additionally, on August 24, 2022, Petitioner filed several new documents. The first is a No...

Excerpt: ...in was in a romantic relationship with defendant John Fly, Jr., through early 2021. (First Amended Complaint [FAC], attachment BC‐1.) During that relationship, Griffin lent money to Fly, or spent money at Fly's request, for Defendant's iPad, health and dental insurance premiums, medical and dental expenses, credit card bills, Fly's household and personal expenses (including alimony and child support payable to Fly's ex‐wife), and for improvem...

Excerpt: ..., alleges two causes of action for general negligence against defendant Wheel Fun Rentals Of Santa Barbara, Inc. dba Santa Barbara Trolley Company (Wheel Fun). In the complaint, plaintiff alleges that she was hired by Wheel Fun as a commercial driver on May 3, 2016. As alleged in the complaint, plaintiff was discriminated against based on her race, experienced disparate treatment, was treated unfairly due to the discrimination. (Complaint, ¶ GN�...

Excerpt: ... shall file and serve a supplemental response to the supplemental separate statement, in accordance with this ruling, on or before September 23, 2022. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and CSE on condition that these...

Excerpt: ...aintiffs of committing certain criminal acts, and intruding on plaintiffs' private affairs by, among other things, unlawfully accessing plaintiffs' cell phones and social media accounts. (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Plaintiffs' complaint, filed on September 11, 2020, asserts 16 causes of action for (1...

Excerpt: ...roy, seeking to recover the amount of $1,454.51 as a balance due from defendant in connection with a charged‐off credit account issued to Monroy. On December 8, 2020, plaintiff filed a settlement agreement pursuant to which defendant agreed to settle this matter for $1,454.51, plus costs set forth in the agreement, to be paid to plaintiff pursuant to a payment schedule set forth in the settlement agreement. Pursuant to the agreement, the partie...

Excerpt: ...ition, the court awards sanctions in favor of plaintiff against Ruth Bodine in the amount of $1,250.00, payable to plaintiff's counsel. Payment of sanctions is due by September 19, 2022. (2) Plaintiff and defendant are ordered to complete a further meet and confer in person, by phone or by video conference regarding plaintiff's form interrogatory no. 17.1 and defendant's responses thereto, in accordance with this ruling. The meet and confer order...

Excerpt: ...25 of the first and third causes of action alleged in the complaint is denied. Defendants' motion to strike allegations contained in paragraphs 33 and 38 of the fifth and sixth causes of action alleged in the complaint is moot. Background: As alleged in the complaint filed on February 28, 2022, plaintiff Paree Sobhani Moradpour, Trustee under the Declaration of Trust of Paree Sobhani Moradpour is the owner of commercial property located at 401 We...

Excerpt: ...issions, without objection except as to privilege, on or before August 29, 2022. As to any information or document withheld on the grounds of privilege, FCP Private, LLC, and Wiles shall each concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the total amount of $2,500in favor of ...

Excerpt: ...s east of the intersection with Painted Cave Road. (FAC, ¶¶ 5, 8.) Mary Sheryl Treventhan Scott (Mary Scott) was in the front passenger seat. (Ibid.) A vehicle travelling in the opposite direction crossed over the center line. (Id., ¶ 8.) Chris Scott took evasive maneuvers to avoid a pending head‐on collision, and in doing so, lost control over his vehicle, which travelled south off the roadway, traversing the solid white line and asphalt sh...

Excerpt: ...Management, Inc. (Sandpiper) is the property manager for real property located at 220 E. Valerio Street, #4, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) Defendant Sean Wilczak agreed to rent the Premises pursuant to a written agreement (Agreement). (Complaint, ¶¶ 6a, 6b, 6e & exhibit 1.) The Agreement lists two people as tenants, including Wilczak among those two. (Complaint, exhibit 1.) The Agreement originally provided for monthl...

Excerpt: ...e Santa Barbara area. (Complaint, ¶¶ 14, 18.) Cottage Health provides health care services from Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, and Santa Ynez Valley Cottage Hospital, and from smaller urgent care and other facilities. (Complaint, ¶¶ 2, 19.) “Kaiser Foundation Health Plan, and their related entities” is made up of three distinct but interdependent groups of entities, the Kaiser Foundation Health Plan, Inc. ...

Excerpt: ...endant answered the complaint, contending that the action had been filed in the wrong venue, since she did not live in Santa Barbara County. Plaintiff filed a motion for summary judgment, which established that defendant still owed plaintiff the amount of $6,170.67 for charges she had incurred through use of the credit card, but had not paid to plaintiff. Plaintiff did not file opposition to the motion, but sought permission to appear at the hear...

Excerpt: ...ence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Causes of action for breach of fiduciary duty, negligence, common counts, and indemnification were alleged against defendant Peter Kozak III, and causes of action for respondeat superior liability, negligence, common counts, and indemnification were alleged a...

Excerpt: ...rsons acting with or on behalf of it, are enjoined and restrained from granting any final approval as to construction of a residence exceeding one story in height at the real property located at 4121 Creciente Drive, Santa Barbara, California, or taking any other action with respect to such construction where the effectiveness of such other action is not qualified by and subject to the final disposition of this matter. (2) The court orders that p...

Excerpt: ...plaintiff. (Complaint, ¶¶ 7, 8, 10, 12, 16, 18, 19 & Exh. A.) Defendant, a direct competitor of plaintiff, caused the December 4, 2020 letter to be written and published directly to plaintiff's clients and business partners. (Id., ¶¶ 5, 7, 22.) Plaintiff's business reputation has been significantly damaged as a result of the publication of the letter, and its profits have been reduced as a result of the publication of the letter. (Id., ¶¶ 1...

Excerpt: ...y north of the City of Goleta. As alleged in the Second Amended Complaint (“SAC”), which is the operative pleading, on September 10, 2019, plaintiffs Austin Buist, Maverick Buist, a minor, and Allyson Jean Buist, decedent, were travelling southbound on US‐101 approaching the intersection of Las Varas Ranch Road. (SAC, ¶¶ 10, 14.) Defendant Garrett Anthony Staab (“Staab”) was travelling northbound on US‐101. (SAC, ¶ 15.) At that loc...

Excerpt: ...ckground: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) located in Goleta, California. On October 23, 2019, plaintiff Remedial Construction Services, L.P. (“RECON”) filed a first amended complaint (“FAC”) alleging causes of action for negligent misrepresentation, negligence, breach of contract, services rendered, breach of the implied covenant of good faith and f...

Excerpt: ...andpiper Property Management Inc. (“Sandpiper”) filed a complaint for unlawful detainer against defendant Sean Wilczak (“Wilczak”). On June 13, 2022, Sandpiper filed an application and order to serve the summons on the complaint by posting, pursuant to Code of Civil Procedure section 415.45, subdivision (a). The Court granted the application and signed the order on June 10, 2022, which was filed on June 13, 2022. Pursuant to the Court's o...

Excerpt: ...ly 22, 2022. Any party may file and serve a response to another party's supplemental brief on or before July 29, 2022. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonathan Stein (Jonathan) in Los Angeles County Superior Court in case No. BC361307 (the Underlying Action). (Note: The court uses ...

Excerpt: ...Ct), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on which date the LASCt also issued a lengthy State...

Excerpt: ...020, alleging one cause of action for breach of a March 1, 2019 “Shopping Center Lease” (“Lease”) for premises located at 904 Rancho Parkway, Suite F4‐A, Arroyo Grande, CA 93420. On January 28, 2022, the Court granted plaintiff's motion for summary judgment, and on March 1, 2022, entered judgment in plaintiff's favor in the amount of $237,673.42. On March 2, 2022, plaintiff filed and served on defendant a notice of entry of judgment. Pl...

Excerpt: ...he motion, arguing that there exist triable issues of fact as to whether Saville's conduct falls within the primary assumption of risk doctrine and Saville's duty to use due care. It is undisputed that on July 5, 2018, Olson and Saville were surfing in the water at Miramar Beach with several other surfers around them when they, and at least one other surfer, caught the same wave (the “Subject Wave”). (Opposing Separate Statement [“Opp. Sep....

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve verifie...

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Reece Williams to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 5, 6, 9, 10, 11, 12, 13, and 14. Defendant Michael D'Alise shall serve verified further res...

Excerpt: ... Hand was traveling northbound on La Cumbre Road in the City of Santa Barbara, California. Hand had a green light at the intersection of La Cumbre Road and Calle Real when defendant Gregorio Ruiz Solis (“Solis”) made a left turn onto Calle Real in front of Hand. Hand was unable to stop, and Solis collided with her front right bumper with great force. Hand sustained injuries to her neck and back as a result of the crash. Based on information b...

Excerpt: ... two), 7) negligence (count one), 8) negligence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Among the defendants is Partnervest Advisory Services, LLC (“Partnervest”), against whom plaintiff alleges two causes of action for respondeat superior (the ninth cause of action) and negligence (the tenth cause ...

Excerpt: ...fendant Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 11, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve ...

Excerpt: ...ance with this ruling. In addition, the Court awards sanctions in favor of The Regents of the University of California, against plaintiff, in the amount of $1,000.00, payable to defendant's counsel. Payment of sanctions is due by July 17, 2022. Background: This is a consolidated action for pre-trial purposes only. On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the University of California, the University of C...

Excerpt: ...n the amount of $1,941.50. Background: On December 20, 2016, judgment creditor Andersen Springs Community Association (ASCA) obtained a judgment in its favor in the Justice Court, West Mesa Precinct, County of Maricopa, State of Arizona (AZ Judgment) against judgment debtors Veronica Loza and Udy Loza, a marital community. (Application for Entry of Judgment, filed Apr. 2, 2018, exhibit A.) On April 2, 2018, ASCA filed its application with this co...

Excerpt: ...�). As alleged in the complaint, from September 21 through September 27, 2020, plaintiff was a guest at a rental property owned by Beach Group and located at 3349 Cliff Drive in Santa Barbara, California 93109 (“Premises”). (Complaint, ¶ 9.) During his stay at the Premises, plaintiff used the pool and spa located in the backyard. (Ibid.) The pool and spa were contaminated with the legionella bacterium and, as a result, plaintiff contracted L...

Excerpt: ...dant Raytheon Company (Raytheon) for violation of the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq.) and other statutes, alleging, among other things, that she was not paid as much as other comparable employees on account of her age and gender. On July 29, 2021, plaintiff served on Raytheon plaintiff's requests for production of documents, set two (RFP). Those requests sought, among other things, production of ele...

Excerpt: ...ent shall be filed only in the lead case. All subsequently filed documents in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of the other consolidated case. Background: On September 28, 2021, plaintiff Diego Urbina-Javier filed his original complaint in Urbina-Javier v. Smith, case number 21CV03850, against defendants Batte Thomas Lowe Smith and Nebhut Smith (collectively, defendants)...

Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...

Excerpt: ...omplaint seeks, among other things, late fees pursuant to the Rental Agreement. [Complaint at ¶ 19.i.(2).] There are no further allegations related to the request for late fees against defendant. The Rental Agreement, attached as Exhibit 1 to the Complaint, provides for a Late Rent Charge of “$35.00 after 3 days”, at Section G. It provides further, at ¶ 3: Late Payment Charge/Insufficient Funds: If rent is paid after 3 days after the rent d...

Excerpt: ...d 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 April 8, 2022, the court granted Dr. Conway's motion to compel production of documents in connection with the deposition of plaintiff Wideman's expert, Farzad Alemi, M.D. In its ruling, the Court ordered plaintiffs to provide...

Excerpt: ...9 (“$170,000”), 22 through 25 (“Moreover … Defendants.”), and 28 (“$2,000,000,000”), at page 10, lines 2 (“$13,500”), 17 (“$13,500”), and 20 (“$100,000”), at page 13, lines 9 to 24 (“since Plaintiff also … by the Defendants.”), at page 14, line 27 (“The failure to act …”) to page 15, line 9 (“… of the Defendants).”), at page 15, line 11 (“Federal law gives …”) to page 17, line 12 (“… on July 9...

Excerpt: ...this action. As alleged in the complaint, on March 31, 2017, plaintiff Stephen Duneier was a patient under the care of William C. Koonce, M.D. (as well as other named but now dismissed defendants) when he suffered injury and damages due to the negligence of defendants through their diagnosis, treatment and care. (For purposes of this ruling, and for ease of reference, and not out of disrespect to plaintiffs, plaintiff Stephen Duneier will be refe...

Excerpt: .... Hilf Company LLC (“Hilf LLC”) and Peter F. Hilf (“Hilf”) filed a complaint for money damages and injunctive relief, alleging eight causes of action for (1) intentional trespass to timber, (2) negligent trespass to timber, (3) intentional trespass, (4) negligent trespass, (5) negligence, (6) conversion, (7) trespass to chattels, and (8) elder financial abuse. As alleged in the complaint, on March 14, 1989, Hilf acquired a fee simple inte...

Excerpt: ...n and proposed order to approve a settlement agreement. A copy of the settlement agreement was attached to the stipulation as Exhibit A. On the same date, the Court entered its order approving the settlement agreement and retaining jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. Under the terms of the settlement agreement, defendant Mark Romasanta agreed to continue to administer decedent's estate. Robert Tray...

Excerpt: ...t on or about October 30, 2016, and which defendant used. Plaintiff's complaint, filed October 31, 2019, alleges that defendant breached the agreement on or about April 4, 2019, by failing to remit any further payments on the credit card account. The complaint alleges causes of action for breach of contract and common counts (money lent, money paid, open book account, and account stated), and seeks damages of $6,160.67, and attorneys' fees. The c...

Excerpt: ...mmon Counts: Book Account, Account Stated and (2) Quantum Meruit – Reasonable Value, against defendants Derek P Sieber, aka Derek Paul Sieber, aka Derek Sieber, an individual (“Sieber”) and California Trike Company, LLC (“Trike”) seeking to recover the amount of $8,742.48 as a balance due from Sieber and Trike in connection with a credit card issued to Sieber. On June 9, 2020, a stipulation for conditional entry of judgment was filed pu...

Excerpt: ...two, request Nos. 11 and 16, on or before June 13, 2022. Background: In its operative pleading, the first amended complaint (FAC), plaintiff DAIVID Pty Ltd. (DAIVID) asserts six causes of action against defendant Deep AI, Inc. (Deep AI): (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) promissory estoppel; (4) misrepresentation; (5) conversion; and (6) trespass to chattels. The complaint arises from allegatio...

Excerpt: ...rivilege, on or before June 13, 2022. As to any information or document withheld on the grounds of privilege, FCP Corporate Ltd. shall concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the amount of $6,500.00 in favor of plaintiff Mark Schaub and against defendant FCP Corporate L...

Excerpt: ... property located at 3630 San Jose Lane, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) The Premises consist of both a main house and detached guest unit. (Complaint, attachment 17.) Defendants Marshall Pagaling and Libby Holland entered into a written lease agreement to rent the Premises. (Complaint, ¶ 6 & exhibit 1.) The lease identifies Andrea Hamlett and Brian Turbey both as “Landlord.” (Complaint, exhibit 1, p. 1.) When the de...

Excerpt: ...iner against defendants Zaria Robinson and Grace Harris. The complaint alleges that plaintiff is the owner of premises located at 301 La Casa Brande Circle, Unit A, Goleta, 93117, and rented the premises to defendants pursuant to an oral agreement entered into on October 1, 2021. The complaint alleges that defendants were served with a 3-day Notice to Pay Rent or Quit. Plaintiff's Mandatory Cover Sheet and Supplement Allegations filed concurrentl...

Excerpt: ...porations Code section 17711.06. (Petition, p. 4.) (Note: The Petition does not number its lines and does not include pagination in violation of California Rules of Court, rules 2.108(1), (4) and 2.109.) ““If the limited liability company denies that a membership interest is a dissenting interest, or the limited liability company and a dissenting member fail to agree upon the fair market value of a dissenting interest, then the member or any ...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...