Excerpt: ... negligence against defendants Toro Canyon Nursery, Inc. and Erick Suarez. As alleged in the FAC, on September 13, 2019, defendant Erick Suarez was driving a 1996 Ford F150 pickup truck westbound on highway 154, approximately one quarter mile east of the entrance to Cachuma Lake, in an unincorporated area of Solvang, Santa Barbara County, California, at a high rate of speed, utilizing both the westbound and eastbound lanes of travel, across doubl...

Excerpt: ... D, on or before May 23, 2022. Background: On July 27, 2021, plaintiff filed a complaint alleging two causes of action for negligence and vicarious liability, arising out of a motor vehicle accident that occurred on the US-101 northbound near El Sueno Road in Santa Barbara, California. On August 5, 2021, plaintiff filed proofs of service of the summons, complaint and other required documents on defendants Celine Sophia Cardona (“Cardona”) and...

Excerpt: ... Cumbre Road and Calle Real in Santa Barbara involving Roxana Hand and Gregorio Ruiz Solis. On October 29, 2020, plaintiff Berkshire Hathaway Homestate Insurance Company (Berkshire) filed lead case No. 20CV03560 against Solis asserting a subrogation claim based upon the payment of workers' compensation benefits to or on behalf of Hand arising from the accident. On November 6, 2020, plaintiff Hand filed case No. 20CV03665 against Solis asserting p...

Excerpt: ...s and authorities in support of CCA's application for right to attach order and writ of attachment filed on March 7, 2022 (“Memorandum”), and “limited portions” of its cross-complaint also filed on March 7, 2022. Analysis: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overridi...

Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. 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 ...

Excerpt: ...against AVS, alleging causes of action for (1) failure to pay all overtime compensation based on the proper regular rate of pay (Labor Code sections 510, 1194, 1194.2, 1197, 1199); (2) failure to provide meal periods and/or pay meal period premiums (Labor Code sections 226.7, 512 and IWC Wage Order 1-2001); (3) failure to provide off-duty rest periods to and/or pay rest period premiums (Labor Code section 226.7 and IWC Wage Order 1-2001); (4) fai...

Excerpt: ...May 23, 2022. Background: Plaintiff Allison Griffin alleges that, between May 2017 and August 2021, Griffin and defendant John Fly, Jr., entered into an oral contract in which Fly “promised to reimburse [Griffin] for monies spent on Defendant's property located at 4865 Aragon Drive, Carpinteria, … and for monies lent by Plaintiff to Defendant and/or spent at Defendant's request, for Defendant's iPad, health insurance premiums, mortgage paymen...

Excerpt: ...��FAC”) filed on January 24, 2022: Plaintiff Montecito Country Club, LLC (“MCC”) owns the Montecito Club golf course located at 920 Summit Road in Santa Barbara, California (the “Montecito Club Property”). (FAC, ¶¶ 1, 11.) MCC is the owner of reserved easement created in 1977 (“Recorded Easement”) which burdens adjacent property owned by defendants Kevin C. Root and Jeannette P. Root (“Root Defendants”) located at 1059 Summit ...

Excerpt: ...: Plaintiff Roy E. Stephenson has sued numerous defendants including Desert European Motorcars, Ltd. (“DEM”) and its employees, defendants Wayne Bernstein, Shad Scheussler, Larry Py, Nora Whittaker, Frank Hickingbotham, Tiffany A. Murphy, Jerry Johnson, Gene Whisenhunt, Gary Whitaker, and Kevin I. Chapman, Porsche Cars North America, Inc. (“PNCA”) and others in connection with the purchase of a 2011 Porsche 911 Carrera S Cabriolet in Marc...

Excerpt: ... Response Act) and third cause of action (inverse condemnation), and is overruled as to the fifth cause of action (willful misconduct). (2) For the reasons set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike portions of plaintiffs' third amended complaint is granted, with leave to amend, to strike (i) from paragraph 214 the semi-colon and text to the end of the sentence (“; and bec...

Excerpt: ...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, et seq., and for penalties under Labo...

Excerpt: ...upon plaintiff by defendant William Charles Conway, M.D. While the surgery itself was a success, plaintiff complains of severe post- surgical complications. Plaintiff Wideman is a licensed attorney, who is representing himself in the action, as well as acting as counsel of record for his wife, plaintiff Kristina Novak. Mr. Wideman designated Farzad Alemi, M.D. as a retained general surgery expert witness. Defendant Conway noticed the expert decla...

Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...

Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...

Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...

Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...

Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...

Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...

Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...

Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...

Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...

Excerpt: ...e pleading is plaintiffs' third amended complaint (“TAC”), filed on February 4, 2021, for (1) quiet title to express easement and rights of use granted by recorded instrument, (2) quiet title to all water flowing from the subject spring, (3) quiet title to fixtures, (4) declaratory relief, (5) injunctive relief, (6) conversion of personal property, (7) breach of contract, (8) prescriptive easement, (9) equitable easement, and (10) implied eas...

Excerpt: ...n. (Administrative Record [AR] 14.) Bly was monitoring vehicular traffic on El Colegio Road near the UCSB Student Health Building. (Ibid.) As parked, Bly had a clear view of both eastbound and westbound traffic along this stretch of El Colegio Road. (Ibid.) At that time, Sergeant Bly observed a silver Mercedes sedan with tinted windows traveling at a high rate of speed, estimated by Bly to be 60 m.p.h. as it rapidly accelerated past another vehic...

Excerpt: ... she saw a microwave lying in the roadway directly in front of her. Donaldson slammed on her brakes and was rear ended by a tractor-trailer driven by Funyas Masih and owned by petitioner NSP Transportation, Inc. (“NSP”). It is believed that the owner of the truck from which the microwave fell is Tori Anne Thornburgh (“Thornburgh”). Richard A. Marks (“Marks”) witnessed the collision and provided a statement to the California Highway Pa...

Excerpt: ...l landlord/management company. Plaintiff Grant Beall is a former tenant in a house located at 6606 Del Playa, Isla Vista, California (the “Premises”). The Premises is owned and managed by defendant Ronald Wolfe & Associates, Incorporated dba Wolfe & Associates Property Services. Plaintiff resided at the Premises pursuant to a written lease agreement with defendant, but was later served with a notice of termination of tenancy. Plaintiff allege...

Excerpt: ...§ 226.7); (3) rest break violations (Labor Code § 226.7); (4) waiting time penalties (Labor Code § 203); (5) unreimbursed mileage (Labor Code §§ 221, 2802); (6) wage statement violations (Labor Code § 226(a)); (7) violation of Labor Code § 204; and (8) unfair business practices. After defendant filed a petition to compel arbitration and motion to stay litigation, plaintiffs filed a first amended complaint adding a ninth cause of action for...

Excerpt: ...is fourth amended complaint on or before March 21, 2022. Leave to amend is limited to amendments to the causes of action to which the court sustains the demurrer; to the extent plaintiff seeks to add any additional causes of action, plaintiff must make a noticed motion seeking leave to amend as provided in California Rules of Court, rule 3.1324. Background: As alleged in plaintiff Robert Stiglmier's third amended complaint (TAC): On October 20, 2...

Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...

Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...

Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...

Excerpt: ...,000. Plaintiff landlords served a sixty-day notice of termination of tenancy upon defendant tenants. The notice was personally served upon defendant Martha A. Toledo-Aguilar on July 15, 2021, and substitute served upon defendants Jesus Rodriguez-Santa Cruz and Nayely Rodriguez-Toledo, through such service on Martha A. Toledo-Aguilar. The notice set forth the basis of the termination as plaintiff's intent to have the premises occupied by their ch...

Excerpt: ..., 2022, to March 18, 2022, to permit defendants an opportunity to evaluate whether they wish to proceed with the motion in its current form, or to withdraw it and potentially file a new motion to reflect the current posture of the case. If defendants determine that they will go forward on that date with the motion in its current form, they must advise plaintiff of that fact no later than Monday, February 28, 2022, in order for plaintiff to have s...

Excerpt: ...ipuedes, Santa Barbara, California. Both buildings are Quonset structures, which are lightweight prefabricated structures of corrugated galvanized steel with semi-circular cross-sections. On February 17, 2015, plaintiff entered into a written agreement with defendant Burke Advisors, Inc., dba Burke Construction Advisors (“Burke Construction”), a licensed general contractor, for work on the exterior of the buildings, including installing new c...

Excerpt: ...ire Wiswall, PA-C (“Wiswall”). As alleged in the complaint, plaintiff consulted Wiswall of Santa Barbara Skin Care for dermatological care and removal of a mole on her nose. Wiswall advised plaintiff that her mole could not be reduced or removed through laser treatments and referred plaintiff to Sheffield, a dermatologist and surgeon, also with Santa Barbara Skin Care. Thereafter, Sheffield performed two surgeries on plaintiff's nose, the fir...

Excerpt: ...ocedure section 399. Background: Plaintiffs Craig Jenkins (Jenkins) and BC Entertainment, Inc. (BDC) filed this action on September 14, 2020, against defendants Fornati Kumeh (Kumeh), Results May Vary, LLC (RMV), and ENT Legends Concerts, LLC (ENT). It alleges that this court is the proper court because a defendant entered into the contract here, and the contract was to be performed here. The complaint alleges causes of action for breach of contr...

Excerpt: ...ichment is overruled. Plaintiff's demurrer to defendant's third and tenth causes of action for negligence and equitable indemnity is sustained without leave to amend. Plaintiff shall file and serve her answer to defendant's first amended cross-complaint or before February 14, 2022. BACKGROUND: This is an action for partition by sale of real property. Plaintiff is Alison E. Chase. Defendants are Brian M. Metcalf and Pentagon Federal Credit Union. ...

Excerpt: ...nce, totaling 462,473 Swedish Crowns. At some point in time, she is alleged to have stopped making payments on the loans. On December 24, 2020, the Kingdom of Sweden, on behalf of the Swedish Board of Student Finance, filed the current action, alleging causes of action for breach of contract and common count for money lent. The complaint alleges that Tornqvist repaid only 45,476 Swedish Crowns. As of October 29, 2020, Tornqvist owed the sum of 88...

Excerpt: ...,” in the principal amount of $237,673.42, inclusive of prejudgment interest. Plaintiff shall submit a judgment to be entered by the court consistent with this ruling. Background: On March 1, 2019, defendantSon Van Duong, an individual doing business under the fictitious business name “Golden Nails and Spa,” and plaintiff Levon Investments, LLC (Levon) entered into a written Shopping Center Lease (Lease) for the premises located at 904 Ranc...

Excerpt: ...ded complaint is granted in part and denied in part. The motion is granted, without leave to amend but without prejudice to later motions as set forth herein, to strike the prayers for punitive damages and for attorney fees (SAC, prayer, 2d cause of action, ¶¶ 4, 5) to the extent such prayers apply to defendant Hickerson. In all other respects, the motion is denied. (3) For the reasons set forth herein, the motion of defendant Derrick John Thom...

Excerpt: ...rk, et al., v. Golomb, et al., case No. 17CV00966 (the Negligence Action), filed on March 6, 2017. In the Negligence Action, plaintiffs Matthew and Erin Quirk allege that Matthew Quirk was walking on the sidewalk in front of Trader Joe's market when a Toyota vehicle operated by defendant Berl Golumb struck him, taking him crashing through the glass front doors to the interior of the market. (Negligence Action Complaint, ¶ 11.) The Quirks further...

Excerpt: ...lizabeth Orr was driving directly behind the Vaughn vehicle. The Orr vehicle allegedly impacted with the Vaughn vehicle which, in turn, impacted with plaintiff's vehicle. Plaintiff filed his complaint on July 28, 2020, naming as defendants the operators and owners of the adverse vehicles. The Vaughn defendants were dismissed, without prejudice, on November 9, 2020. In the aftermath of the accident, plaintiff has undergone surgeries to the lumbar ...

Excerpt: ...ce and breach of fiduciary duty. Plaintiffs are Tony Huang, G25 Ventures LLC, and ST Management LLC (together, “Plaintiffs”). Defendants are Peter Candy and the law firm of Hollister & Brace, APC (together, “Defendants”). In August 2017, following passage of the California Medical Marijuana Regulation and Safety Act (the “Act”), Plaintiffs started cultivating medical marijuana on real property they leased at 5892 Via Real, Carpinteria...

Excerpt: ... Defendant takes issue with supplemental responses to Form Interrogatories Series 8, but those are not expressly set out in the Notice of Motion or the Separate Statement as being subject to this motion. There is also reference to a “Supplemental RPD” but that too is not clearly framed by the Notice or the Separate Statement. The basic purpose of discovery is to take the “game” element out of trial preparation by enabling parties to obtai...

Excerpt: ...ndants. Within the premises liability cause of action, plaintiff alleged: "Defendants and DOES 1 TO 50 owned and/or controlled certain real property located at 5088 Rhoads Ave., Santa Barbara, CA. Defendants owed Plaintiff a duty to maintain their property in a safe condition, and to abate the same and/or warn the public. Defendants breached said duties by maintaining their walkway in an unsafe condition, posing a significant trip hazard. Plainti...

Excerpt: ...rike portions of plaintiff's first amended complaint is denied. BACKGROUND: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) in Goleta, California, a 42-acre site that had been used as an oil pipeline terminal and petroleum processing facility. In 2015, the owner of the property was ordered to remediate all contamination at the site and retained defendants AECOM, Inc. and A...

Excerpt: ...intiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...

Excerpt: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...

Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...

Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...

Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...

Excerpt: ...strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Goleta, which was held in a revocable living trust he had with his...

Excerpt: ...owner of real property located at 5171 San Vicente, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 2a(3), 3, 4.) Defendant Yolanda Frink is a tenant at the Premises pursuant to a written agreement (the Agreement) with decedent Leroy W. Noyes, Sr. (Complaint, ¶ 6 & exhibit 1.) Plaintiff alleges that the Agreement is the product of fraud or undue influence based upon the conclusive presumption of Probate Code section 21380. (Complaint, attachme...

Excerpt: ... The accident involved a vehicle driven by plaintiff Jamie Stewart (“Stewart”), who was in the course and scope of her employment and was insured for worker's compensation by plaintiff Sedgwick Claims Management Services (“Sedgwick”), and a vehicle driven by defendant Julijs Alfreds Zemjanis (“Zemjanis”), which was owned by defendant Factory Appliance, Inc. (“Factory Appliance”). Stewart alleges that Zemjanis was driving at an exc...

Excerpt: ...r a lawsuit in this court captioned Postcard Properties, LLC v. Somera Capital Management, LLC, et al., Case No. 17CV04361 (the “underlying lawsuit”). In the underlying lawsuit, Postcard Properties, LLC (“Postcard”) alleges causes of action for (1) breach of written contract, (2) common counts, (3) breach of oral contract, (4) fraud, and (5) declaratory relief. Postcard alleges that Somera and its president, David A. Brown breached variou...

Excerpt: ...ia, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was served, together with the ...

Excerpt: ...e Estate of Melody Ramsay, the owner of the Premises. Defendants are Christopher Shemet, Timothy Giles, Olivia Wilhelmson, Enrique Alcantar, and Alfonso Alcantar. For nearly twenty years, Melody Ramsay and Shemet resided at the Premises, though they were never married and were not registered domestic partners. In recent years, Melody Ramsay rented out three bedrooms in the Premises, the first bedroom to defendants Olivia Wilhelmson and Alfonso Al...

Excerpt: ...g to Allegation II, namely, paragraph 2 (under “Allegation II”) on page 6, all of pages 17 and 18, paragraph 2 (under “Allegation II Response”) on page 185, and paragraph 2 (under “Allegation II”) on page 194. (All page references are to the pdf page number of records lodged by respondents provisionally under seal as documents to be disclosed in response to the California Public Records Act request.) In all other respects the petition...

Excerpt: ...red into a loan agreement with WebBank, Inc., a chartered FDIC insured bank, in the principal amount of $20,025.00. The loan was evidenced by a promissory note signed by defendant. After the loan was funded, defendant defaulted under the terms of the promissory note. Defendant failed to cure the default and left a balance due and owing on the promissory note in the principal sum of $19,997.87, plus interest. WebBank, Inc. subsequently sold and as...

Excerpt: ...e, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. (2) For the reasons set forth herei...

Excerpt: ...dant Deckers Outdoor Corporation David G. Hagopian / Garrett V. Jensen / Robyn E. Frick of CDF Labor Law LLP for defendant Real Time Staffing Services, LLC TENTATIVE RULING: The motion is granted. On May 6, 2020, plaintiffs submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), which it served on defendants. On June 1, 2020, plaintiffs filed a class action and PAGA claims complaint against...

Excerpt: ...na and Travis Edward Hoyt (both cases): Brian S. Dewey, Bretoi, Lutz & Stele TENTATIVE RULING: Counsel for defendants James Lee Hanna and Travis Edward Hoyt, the moving parties herein, is ordered to appear at the hearing of this motion. As set forth herein, the court will grant the motion to consolidate these actions for all purposes at the hearing of this motion if, but only if, counsel for defendants represents to the court on the record (1) th...

Excerpt: ...endant Tidwell Excavation Acquisition Company, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Tidwell Excavation Acquisition Company, Inc. is denied. BACKGROUND: This is an action for personal injuries and wrongful death. Plaintiff is Cortland T. Day, the surviving spouse of the decedent, Jana Whelan (“Whelan”). Whelan was 64 years of age at the time of her death. Plaintiff brings this action, both individually and as the...

Excerpt: ...kground: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law proceeding. (See Third Amended Complaint [TAC], ¶ 11.) Hennard was a patient at defendant Asian Pacific Health Care Venture, Inc. (APHCV). (See TAC, ¶¶ 8-9.) Cook made a personal visit to the Los Feliz office of APHCV. (TAC, ¶ 8.) During that visit, an APHCV employee allowed Cook to use the employee's computer with acc...

Excerpt: ...led for May 6, 2022, at 10:00 a.m., in Dept. 4 of this court, or on such other date as the Court may set at the hearing on this motion. On July 31, 2018, plaintiff submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), asserting claims against defendant Advanced Vision Science, Inc. (AVS). On October 30, 2018, plaintiff filed her class and representative action complaint against AVS, alleg...

Excerpt: ...ction. Plaintiff is Lilian Sohrabian. Defendants are Shenzen MXJO Technology Company, Ltd. (“MXJO”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale lithium ion batteries for use in electronic cigarette vaping devices, Sysmax Industry Company, Ltd. (“Sysmax”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale chargers for lithium ion batterie...

Excerpt: ... admitted, it is denied. To the extent the motion seeks to compel responses to discovery without objections, it is granted. Defendant is ordered to provide responses, without objections, to requests for admissions, special interrogatories, form interrogatories, and the demand for production, on or before December 3. Should defendant file a motion for relief from waiver of objections on or before December 3, the court-ordered response date will be...

Excerpt: ...ez, Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez: Self-represented TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows that a triable issue of material fact exists, the court will grant Bank's motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in su...

Excerpt: ...ts Reicker, Pfau, Pyle & McRoy LLP and Diana Jessup Lee to plaintiff's complaint is sustained. The demurrer of defendant Rachel M. Tobler to plaintiff's complaint is sustained. Plaintiff did not oppose either demurrer or make any offer of proof as to what he would allege to state a viable cause of action against defendants and therefore the demurrers will be sustained without leave to amend. BACKGROUND: This action concerns the handling of an est...

Excerpt: ... (robotics physician assistant), which she voluntarily left in late 2020. Before the Court this day is a single motion by plaintiff to compel further discovery responses as follows:  SRog Nos. 7-12, 13-14, 16-18, 24, 27, 37-38, 57, 60-68, and 73;  FRog (Empl) Nos. 201.1, 201.2, 201.5, 201.6, and 207.2;  FRog (Gen) Nos. 15.1 and 17.1;  RPD Nos. 4, 8, 9-15, 19, 22-26, 28-30, 34-35, 37-39; and  RFA No. 10 Although these should have be...

Excerpt: ...onference, on or before November 16, 2021, as to each issue raised in defendants' demurrer and motion. A revised opposition, or alternatively, an amended complaint, may be filed on or before November 29, 2021; a revised reply may be filed on or before December 3, 2021. Background: On August 31, 2021, De La Torre filed her complaint asserting five causes of action: (1) age discrimination; (2) sex discrimination; (3) failure to prevent discriminati...

Excerpt: ...that on July 26, 2017, Watson, while performing work for Wolfe, trespassed onto plaintiff's property located at 264 Salisbury Drive in Goleta and tore down portions of plaintiff's fence. Plaintiff further alleges that Watson assaulted and battered him with his fists, knocking plaintiff to the ground and rendering him unconscious. On July 26, 2019, plaintiff filed his complaint for trespass, assault and battery, and negligence. Watson and Wolfe ha...

Excerpt: ...District (a) is sustained without leave to amend as to the first cause of action (reverse validation), (b) is sustained with leave to amend as to the Santa Barbara County Board of Supervisors, in their capacity as the Board of Supervisors, only, as to the second (writ of mandate), third (breach of contract), fourth (breach of implied covenant), and fifth (declaratory relief) causes of action, (c) is sustained with leave to amend as to the Board o...

Excerpt: ...Michael Johnson, as Trustee of the Michael and Christina Johnson Family Trust (“Johnson”). Defendants are Skylar L. Gauss, individually and as Trustee of the La Cumbre Ranch Living Trust dated January 31, 2001, and Aaron Valdis Gauss (together, the “Gauss Defendants” or “defendants”). At the time of the events in this case, Saticoy owned and later deeded to Johnson certain real property identified by the Assessor for Santa Barbara Cou...

Excerpt: ..., plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was s...

Excerpt: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...

Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...

Excerpt: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant RIBCO, Inc., dba Woody's BBQ (RIBCO). The summons issued by the court with the filing of the complaint, however, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...

Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...

Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...

Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...

Excerpt: ...tigation into plaintiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and the four causes of action asserted therein, to wit: libel, false light, unfair practices, and tortious interference. Before the Court this day are three defense motions: 1. Motion to compel further responses to RPD Set 1, Nos. 1‐40, 42‐45, and 47; 2. Motion to compel fur...

Excerpt: ...isclosed as public records responsive to the request here at issue. The court intends to conduct an in camera review of the records in advance of the continued hearing. Background: Petitioner Gary D. Gemberling is the successor trustee of the Melvin I. Gemberling and Catherine M. Gemberling Trust, dated June 29, 1989 (the Trust). (Verified Petition, ¶ 5.) The trustors of the Trust were petitioner's parents. (Ibid.) There is pending litigation in...

Excerpt: ...otion “to quash” is GRANTED in part. Pertinent Background This civil action was commenced on 02/26/18 with the filing of a complaint for damages. On 01/11/19, this Court set a trial date of 05/10/19. On 02/11/19, this Court entered the parties' stipulation for a trial continuance to 11/08/19. On 03/15/19, this Court granted a defense motion to compel plaintiffs' attendance at various IMEs. Plaintiffs timely appeared as ordered, and were exami...

Excerpt: ...t is granted in part and denied in part. The motion is granted, without leave to amend, to strike paragraph 14 of the first amended cross-complaint as the improper pleading of evidentiary matter. The motion is in all other respects denied. (3) Cross-defendant Forest Construction Co., Inc., shall file and serve its answer to the first amended cross- complaint, as it exists following the granting in part of the motion to strike, on or before Octobe...

Excerpt: ...ackground: As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs CWI Santa Barbara LP (CWI 1) and CWI 2 Santa Barbara LP (CWI 2) are affiliated limited partnerships. (FAC, ¶¶ 1, 2.) CWI 1 and CWI 2 (collectively, plaintiffs) were at all relevant times joint owners of the real property located at 9301 Hollister Avenue, Goleta, where plaintiffs operate a hotel business known as “The Ritz-Carlton Bacara, Santa Barbara.” (FAC, ¶ ...

Excerpt: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...

Excerpt: ...e of the filing of this petition was a seventeen-year-old student at Westlake High School in Ventura County. Westlake High School is within the school district of respondent Conejo Valley Unified School District (“District”). At the time of the events in this case, Rilee was an honors student and co-captain of the Westlake High School Dance Team. On September 12, 2019, Rilee was summoned to the principal's office after allegedly being accused...

Excerpt: ...poration to file under seal the documents now lodged with the court conditionally under seal, consisting of the documents identified in the notice of lodgment of documents conditionally under seal, dated August 26, 2021. The court orders that those documents, and no other documents absent a prior or subsequent motion and order, to be filed under seal. The parties and their attorneys are authorized to inspect these sealed records subject to the te...

Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....

Excerpt: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...

Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...

Excerpt: ... award. The petition noted that the matter had been arbitrated before Eric Berg, Esq. on November 5, 2019, and that an arbitration award in the amount of $8,023 was made on December 3, 2019, requiring the client (Lomeli) to pay that amount to the other party. The award also provided for the payment of interest. A copy of the award was attached to the petition. The petition alleges that the award is binding because more than 30 days passed since n...

Excerpt: ...nd: On February 9, 2021, defendant Donald Watson served, by electronic service, plaintiff Gregg Patronyk with Watson's first sets of special interrogatories (SI), form interrogatories (FI), and requests for production of documents (RFP). (Watson decl. re SI, ¶ 2 & exhibit A; Watson decl. re FI, ¶ 2 & exhibit A; Watson decl. re RFP, ¶ 2 & exhibit A.) No responses were received by Watson to these discovery requests. (Watson decl. re SI, ¶ 3; Wa...

Excerpt: ...n or before August 27, 2021. Background: As alleged in plaintiff's first amended complaint (FAC): On September 4, 2018, at approximately 4:00 p.m., City of San Buenaventura (City of Ventura) police officers, defendants Derek Donswyk and Rebecca Kofman (VPD Officers) were traveling southbound on US 101 in the City of Santa Barbara. (FAC, ¶ 25.) VPD Officers were returning to their jurisdiction after having dropped a prisoner at a location outside...

Excerpt: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...

Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...

Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...

Excerpt: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...

Excerpt: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...