Excerpt: ...ar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc. (“Hillpointe”), a painting and power wash company, when he suffered fatal injuries after falling through a skylight on the roof of a commercial building located at 7406 Hollister Avenue, Goleta, California. The skylight allegedly lacked any barriers or warning signs. Hillpointe did not carry workers' compensation insurance at the time o...

Excerpt: ...r and Helm filed a cross-complaint against Roberts, individually and as trustee of the Karen M. Roberts Living Trust and then a first amended cross-complaint, adding Village Properties as a cross-defendant. The operative cross-complaint is the second amended cross-complaint, to which the court sustained Village Properties' demurrer to the first four causes of action. Roberts filed a cross-complaint for implied equitable indemnity, and breach of f...

Excerpt: ...alleged in the original complaint: Plaintiff Ziyad Ballat alleges an oral, week-to-week tenancy in real property located at 5310 Carpinteria Avenue, Apartment 1, Carpinteria (the Premises) with defendant Miguel Luis Cruz. (Complaint, ¶ 6.) A 7-day notice to quit was served on Cruz on April 24, 2018. (Complaint, ¶ 7a(6).) The notice states in relevant part: “You are hereby notified that pursuant to Civil Code § 1946, your tenancy is terminate...

Excerpt: ...lleged in the complaint: Plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda are employed by defendant Regents of the University of California (Regents) at its Santa Barbara campus. (Complaint, ¶ 8.) In March 2014, Regents hired defendant Stephen Klock as a superintendent. (Complaint, ¶¶ 9-10.) Klock continually and severely harassed plaintiffs with the intent to injure them and...

Excerpt: ...o property located in Santa Barbara. Defendants were ultimately served by publication, and their default was entered when they failed to respond. A default judgment in the amount of $46,828.85 was entered by the court on February 23, 2017. On October 20, 2017, plaintiff assigned the judgment to Andrew Larson, d.b.a. HCR Beverly Hills. Also on that date, judgment assignee Larson filed a Declaration of Accrued interest, seeking an additional $2,155...

Excerpt: ...thia Fuentes's motion to vacate dismissal in this case and for return of security deposit, statutory penalty, and damages on illegal unit, or alternatively to enforce settlement agreement pursuant to CCP § 664.6. This case is now a limited civil action. The parties shall file any amended pleadings or cross- claims on or before June 25, 2018. At the hearing on this motion, the court will set a case management conference. Background: This case was...

Excerpt: ... Further Responses to Form Interrogatories, Set One; (2) Defendant's Motion to Compel Plaintiff Eric P. Hvolboll to Provide Further Responses to Requests for Production, Set One; (3) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Form Interrogatories, Set One; and (4) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Requests for Production, Set One ATTORNEYS: ...

Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...

Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...

Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...

Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...

Excerpt: ... he obtained the levy in the first place, or which would refute the claimant's evidence that her marriage to defendant Robert James Dahl terminated 13 year prior to the indebtedness he incurred that gave rise to this action. ...

Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...

Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...

Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...

Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...

Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...

Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...

Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...

Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...

Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...

Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...

Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...

Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...

Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...