Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...

Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...

Excerpt: ... verification and another seeking participation in a duly-noticed deposition. For the reasons which follow, the motions are GRANTED in part. Sitting for a Deposition Service of a notice of deposition is effective to require a party or party-affiliated witness to attend and to testify. CCP §2025.280. A party may serve written objection to the deposition notice based upon an “error or irregularity” under Article 2 of the Code. CCP §2025.410. ...

Excerpt: ... for breach of the written lease agreement. Before the Court this day are two defense motions seeking further responses to discovery aimed at plaintiffs' financial position. The premise behind the discovery is twofold: first, that plaintiff never had the financial wherewithal to meet its lease obligations or acquire a lucrative dental practice; and second, that plaintiff was making money through side businesses and as such fully mitigated any los...

Excerpt: ...low, the arbitration clauses cannot be enforced against a nonsignatory, and even if they could the arbitration clauses are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, an...

Excerpt: ...-defendant Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994, is denied. BACKGROUND: This action concerns a lawful commercial cannabis business. Plaintiff is Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994 (“Shumake”). Defendants are Louis Armstrong and Associates, LLC (“LAA”), Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Mic...

Excerpt: ...choose to file an amended complaint, plaintiffs shall file and serve their third amended complaint on or before August 2, 2021. (2) The motion of defendants Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., to strike portions of plaintiffs' second amended complaint is granted, without leave to amend, to strike (1) paragraphs 72 to 74 as to personal injury claims of the fifth cause of action by Aus...

Excerpt: ...y pertinent, plaintiff lost that wrongful death case and suffered an adverse judgment in the amount of $20M. Plaintiff then sued her lawyer, contending in general that he failed to faithfully represent, and eventually abandoned, her in that action. Before the Court this day is plaintiff's motion to compel a further response to her RPD. For the reasons which follow, the motion is continued for further meet and confer efforts, and additional limite...

Excerpt: ...t forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee's Deed U...

Excerpt: ...ase. Plaintiff California Lutheran Homes is the owner and lessor of premises located at 3883 La Cumbre Plaza Lane, Santa Barbara, California 93105. Defendant Daketta La Cumbre, LLC is the lessee of the premises. Plaintiff and defendant are both successors-in-interest to the original parties to the ground lease. The ground lease is for 50 years, with a commencement date of October 7, 1985 and an expiration date of October 6, 2035. The original mon...

Excerpt: ...t 26, 2021. Triad Aviation shall file and serve its reply to the further supplemental opposition on or before September 2, 2021. Background: In these consolidated actions, plaintiffs assert claims of negligence and products liability arising out of a helicopter crash in Santa Barbara on May 5, 2017. On March 26, 2019, plaintiff Turner Conrad filed his original complaint in Los Angeles County Superior Court (the Los Angeles Action). On April 26, 2...

Excerpt: ... are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, and equipment located within” (hereinafter referred to as the “Vacation Property”). The salient terms of the lease...

Excerpt: ...order regarding her upcoming deposition. As will be explained, the motion is premature, and as such the only relief which could be awarded would be the appointment of a limited purpose referee to officiate the deposition. While it seems this would be an ideal solution, without a stipulation, the evidence presented does not rise to that level. Pertinent Factual Background On 10/29/17, plaintiff commenced the within civil with a 35-page complaint n...

Excerpt: ...n of this action, upon the filing of a further appropriate motion for award of attorneys' fees. Motion: Plaintiff Nicole Nagel was successful in obtaining a reversal on appeal of the trial court's order dismissing the fraudulent transfer and conspiracy action, after it granted a motion for judgment on the pleadings. As a judgment creditor, she now seeks attorneys' fees incurred on appeal against all defendants except judgment debtors Tracy A. Wes...

Excerpt: ...osition of abandoned belongings. Before the Court this day are two discovery motions by plaintiff. The gravamen of the current dispute, which is ongoing from prior disputes, is what to make of defendant's “random sampling” of tenant files (volunteered to avoid a wholesale disclosure) in light of defendant's refusal to commit to its representativeness. While this Court can certainly understand defendant's reluctance, the proffer of a sampling ...

Excerpt: ...laint is denied. BACKGROUND: This action arises out of a failed personal and business relationship between plaintiff Kenneth W. Sterling and defendant Stephanie Liu. Plaintiff and defendant first met in August 2018, when plaintiff, a divorcee, was 52 and defendant was 28. Plaintiff is the owner of Big Speak, Inc., a California corporation engaged in the business of providing speakers and leadership training to large companies. Plaintiff is also a...

Excerpt: ...osian. Defendant is the Goleta Union School District (“GUSD”). On November 7, 2019, plaintiff was visiting her grandson at Kellogg Elementary School (“Kellogg”), located at 475 N. Cambridge Drive, Goleta, California 93117, when she stepped into an open trench with no protective barrier near the bike rack and fell, fracturing her left ankle. On November 8, 2019, plaintiff submitted an injury report to GUSD. On May 7, 2020, plaintiff submit...

Excerpt: ...e followed immediately, as appropriate, with a second phase of trial to address the remaining issue of alter ego liability. Background: Plaintiff Russell Steiner, Trustee of the R. C. Steiner Living Trust dated April 14, 2009, (Steiner) is a SantaBarbara resident. Defendant Tenpenny Construction Company, Inc. (TCC) is a general building contractor.Defendant Donald Stanley Tenpenny (Tenpenny) is the Chief Executive Officer and President of TCC. On...

Excerpt: ...owned residential property at 550 Paso Robles Drive, in Santa Barbara, and have access to that property from Paso Robles Drive. To the rear of their property is a roadway owned by defendant Westmont (Road Parcel), which provides multiple properties with access to Stoddard Lane, including some which have Stoddard Lane addresses. In 2006, the DiBartolomeos were granted an easement over the Road Parcel by Westmont, in order to access the rear of the...

Excerpt: ...e Code section 11711. It alleges that as a condition of obtaining a license form the California DMV to sell vehicles, DEM was required by Vehicle Code section 11710 to obtain, and did obtain, a surety bond in the amount of $50,000 from CorePointe Insurance LLC dba CorePointe Insurance Company (CorePointe). CorePointe issued Dealer Surety Bond No. 60041, effective 2/5/13, to DEM, and this surety bond was in effect on the date of the incidents alle...

Excerpt: ...kground: Petitioners Jack Wall and Wall Family Trust are the owners of a 101.95-acre parcel of real property within Hollister Ranch and identified as Hollister Ranch Parcel 36 (APN 083-670-011) (the Property) in Santa Barbara County. (Administrative Record [AR] 3 [the point citation reference is to the AR page number with leading zeros omitted].) (Note: The exact designation of ownership is not specified in the moving papers. The Wall Family Trus...

Excerpt: ...njunctive relief is granted. BACKGROUND: This is an action for alleged conversion of funds. Plaintiffs are Mark Schaub and his limited liability company, TLG Ltd. Defendants are Andrew Waters and his limited liability company, FCP Corporate Ltd. Schaub and Waters are long-time friends and business associates. In July 2019, approximately $1.9 million in funds belonging to plaintiffs were transferred to two separate accounts controlled by defendant...

Excerpt: ...On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the original complaint alleged that he formerly was an owner of the property at 6653 Del Playa Drive, and that he (along with other defendants alleged to have been, at various times, owners of that property) caused to be built, installed, repaired, maintained, a...

Excerpt: ...od and Andra A. Macleod (plaintiffs) allege that on July 12, 2019, they applied for a conventional adjustable-rate refinance first-lien position mortgage loan in the principal amount of $1,125,000 in order to consolidate some of their existing debt, and provide a substantial amount of cash-out. They allege that they were misled by a bait-and-switch tactic used by defendants North Capital Mortgage (North Capital) and Ajay Khatri (Khatri), and rece...

Excerpt: ...t) filed its petition for workplace violence restraining orders pursuant to Code of Civil Procedure section 527.8 against respondent Amanda Rowan. (Note: District's name as set forth in paragraph 1a of the petition contains a typographic error omitting the letter “a” from the word “Elementary,” which error has been carried over into the title of the case in documents filed with the court.) Rowan is a parent of a student at District's scho...

Excerpt: ...nded complaint, she may do so on or before June 4, 2021. Background: On April 6, 2018, plaintiff Lynn Behrens Zimmerman, individually and as executor of the estate of Clarke Paxton, filed her original complaint in this action. The complaint asserts eleven causes of action: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. § 1692f(6)); (4) wrongful foreclosure; (5) violation of the Californ...

Excerpt: ... and constructive discharge from employment. Plaintiff is Chelsea Herzog. Defendants are plaintiff's former employer, NuSil Technology, Inc. and her former supervisor, Michal Wadsworth. On January 19, 2021, plaintiff brought a motion to compel NuSil's Person Most Knowledgeable, Carrie Flood, to submit to a third deposition session, claiming that Ms. Flood was not prepared to testify on the issues for which she was designated and did not produce d...

Excerpt: ...erence is scheduled simultaneously with the hearing on this motion, and the parties should be prepared to discuss the time necessary to conclude all remaining discovery and possible trial dates for the easement related issues. No award of costs of defense of the new claims will be made. Background: Plaintiff Arthur Joseph LaCerte Survivor's Trust dated July 11, 2018 (Trust), through Cotrustees Arthur Joseph Lacerte and Dominique R. Lacerte (the L...

Excerpt: ...tion about those in the gym's control group. Plaintiff's motion to compel from defendant Banos disclosure of his home address is GRANTED in part. This Court finds that, on balance, plaintiff's interest in the information outweighs defendant's privacy interests therein, but that the information must be provided “off the record” as defense counsel offered within 20 days. Sanctions are denied. Plaintiff's motion for further responses to SRogs No...

Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...

Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...

Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (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.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...

Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...

Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...

Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...

Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...

Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...

Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...

Excerpt: ...te McWeeney was employed by Mr. Gelb as property manager of the properties and was responsible for overseeing maintenance and repair requests, showing rental units to prospective tenants, and collecting rent from existing tenants, among other tasks. When plaintiff purchased the properties, it hired defendant to continue her pre- existing duties as property manager. On June 23, 2018, plaintiff terminated defendant after she was observed removing c...

Excerpt: ...r before April 22, 2021. The deadlines for filing and service of opposition and reply to the motion are as set forth in Code of Civil Procedure section 1005, subdivision (b) based upon the May 14 hearing date. Background: On December 30, 2013, plaintiff Alek Haimovici filed his original complaint for breach of contract and conversion of security deposit in this limited civil case. Haimovici's counsel of record is attorney Stuart J. Zajic, whose p...

Excerpt: ...obert Stiglmier's first amended complaint (FAC): On October 20, 2019, Stiglmier was the subject of a traffic stop that took place on the sidewalk at 5710 Hollister Avenue, Goleta, at 11:45 p.m. (FAC, ¶ 15.) Stiglmier was stopped for allegedly riding a bicycle on the sidewalk, having no light devices on the bicycle at night, and misappropriation of lost property, i.e., the bicycle Stiglmier was riding. (FAC, ¶ 16.) Stiglmier cooperated with defe...

Excerpt: ...cted the amount due, owing, and unpaid as $5,254.58. The parties settled the action in September 2019, through execution of a Stipulation for Conditional Entry of Judgment. Pursuant to the settlement agreement, plaintiff would accept payments from defendant totaling $3,600, consisting of the $5,254.58 in total principal at the time of suit, $283.13 in court costs, and settlement forgiveness totaling ($1,937.71). Defendant would make monthly payme...

Excerpt: ...April 23, 2021. The hearing on this matter is continued to April 30, 2021, at 10:00 a.m. Background: As alleged in plaintiffs' first amended complaint (FAC): 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. (FAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible ro...

Excerpt: ...vide the requisite 45 days' notice. BACKGROUND: Plaintiff La Casa De La Raza (“La Casa”) is a nonprofit corporation and the owner of real property located at 601 E. Montecito Street, Santa Barbara, California 93013 (the “Property”). Defendant Tomas Castelo (“Castelo”) is one of the original founders of La Casa and the owner of defendant MLG Leasing, Inc. (“MLG”). In 2015, La Casa obtained a loan in the amount of $440,000.00 from F...

Excerpt: ...supplemental information on or before March 29, 2021. Plaintiff shall provide defendant with notice of the contents of this ruling, and of the continued hearing date, forthwith. Background: This is a collections action, which was settled between the parties on September 14, 2018. The parties entered into a Settlement Agreement, in which defendant Angela Lopez stipulated that she owed plaintiff the sum of $3,291.87, agreed to make payments of $100...

Excerpt: ...redit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney's fee...

Excerpt: ...ction Company, Inc. is a general building contractor. Defendant Donald Stanley Tenpenny is the Chief Executive Officer and President of Tenpenny Construction. On December 19, 2016, plaintiff entered into a written agreement with Tenpenny Construction for construction of a custom-built home located at 1425 Mission Ridge Road, Santa Barbara, California 93103. Plaintiff alleges that Tenpenny Construction breached agreement by, among other things, fa...

Excerpt: ...er to the date of payment, December 16, 2020, in the amount of $59,343.87. The court will award plaintiffs Erikka Skinner and Ann Kenney $106,110 in attorney fees for appellate counsel's work on the appeal, $16,975 in attorney fees for the motion, and costs of $2,129.59. The parties may address this portion of the ruling at the March 5 hearing. The court continues the hearing to March 19, 2021, at 10:00 a.m., solely for consideration of the amoun...

Excerpt: ...amend, to the third amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. Background: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law ...

Excerpt: ...ortions of property located at 6663 Del Playa Drive (owned by plaintiffs), and 6653 Del Playa Drive, in the Isla Vista area of Goleta, failed and collapsed onto the beach below. On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the complaint alleged that he formerly was an owner of the property at 6653 Del Play...

Excerpt: ...tember 14, 2019 on State Route 154. Plaintiff was a passenger in a vehicle operated by Enrique Calderon-Mendez. Defendant Javier Jonathan Antunez was the operator of a vehicle owned by defendant Esther Emiko Trejo-Takembaiyee and in which Trejo-Takembaiyee was a passenger. The accident occurred when the Antunez vehicle crossed over the double yellow line and collided with the Calderon-Mendez vehicle in which plaintiff was a passenger. A third veh...

Excerpt: ... Plaintiff alleges that she is disabled and that she was harassed, discriminated against, and constructively terminated by defendants because of her disabilities. On June 27, 2019, plaintiff filed her complaint, alleging eighteen causes of action, including claims for actual and perceived disability harassment, discrimination, and retaliation in violation of Government Code Section 12940 et seq., failure to accommodate, intentional infliction of ...

Excerpt: ... as to privilege and in a form complying with the Code of Civil Procedure, to special interrogatories Nos. 40 through 46, subject to the court's protective order. In all other respects, including all requests for sanctions, the motion is denied. (2) As set forth herein, the motion of plaintiff to compel further responses to special interrogatories from defendant Donald Stanley Tenpenny is granted in part and denied in part. On or before March 15,...

Excerpt: ...of defendant Avco Corporation to quash service of summons as to plaintiff Turner Conrad is continued to April 30, 2021. The court will not resolve the motion at that time, but will set a further date at that hearing. (3) As set forth herein, the court grants the motion of defendant Avco Corporation to file under seal the documents now lodged with the court conditionally under seal on February 4, 2021, consisting of exhibits 5, 6, and 7 to the dec...

Excerpt: ... against defendants Rok Solid Exploration & Recovery, LLC, and Johnathan Kendrick. Plaintiff alleges: Rok Solid entered into a written contract with Aqueous to perform subsea services in connection with Rok Solid's venture to recover gold from a sunken ship off the California coast near Oceanside. Aqueos perfomed those services and the unpaid balance of the amounts charged is $185,449. Aqueous alleges that Rok Solid is the alter ego of Kendrick. ...

Excerpt: ... responses to requests for production and to produce documents (set two) and motion to compel both defendants to provide further responses to special interrogatories, which are actually four motions, to February 26, 2021, at 10:00 a.m. On or before February 11, 2021, plaintiff shall pay two additional filing fees to have the motions heard or shall withdraw one of the motions, which is actually two motions. Plaintiff shall file a notice with the c...

Excerpt: ...Code of Civil Procedure section 877 and 877.6. The Clerk of the Court is ordered to permanently delete the Declaration of Andrew Waugh lodged provisionally under seal with the court on January 21, 2021, from the court's electronic record as provided by California Rules of Court, rule 2.551(b)(6)(2). Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, file...

Excerpt: ...related material for defendant Greg Smorodinsky pursuant to Evid. Code §§ 1043 and 1045. Defendant Regents of the University of California shall, on or before February 19, 2021, produce to the court, for in camera review pursuant to Evid. Code § 1045(b) and (c), information in the personnel file of Greg Smorodinsky and other records that include all complaints and disciplinary documents from 2015 to present relating to complaints against Smoro...

Excerpt: ...nt at real property located at 6606-6608 Del Playa, Isla Vista, California (the “Property”). The Property is owned by defendant Ronald L. Wolfe and Associates Incorporated. Plaintiff's tenancy at the Property was pursuant to a written lease. Plaintiff alleges that he was served with a termination notice that did not contain the required information under Civil Code Section 1950.5 relating to abandoned personal property. Plaintiff left persona...

Excerpt: ...age on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments located at 6598 Seville Road in Isla Vista. On November 20, 2015, the heirs of the three victims killed inside the Capri Apartments filed a wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et...

Excerpt: ...orsche 911 Carrera S. Cabriolet from defendant Desert European Motorcars, Ltd (“DEM”) in 2013. Defendants Wayne Bernstein, Shad Scheussler, and Larry Py all worked for DEM as salespersons or managers at the time of the sale. Defendant AmTrust Financial Services, Inc. (“AmTrust”) is the parent company of the surety that issued a performance bond to DEM. Plaintiff alleges that DEM conspired with defendant Porsche Cars North America (“PCNA...

Excerpt: ...ent, Inc. (Serena), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (Casa Blanca) offered to dedicate to defendant County of Santa Barbara (County) a lateral access easement five feet in width as shown on the lateral access easement exhibit map dated May 23, 1990. The OTD was a condition of approval of the Casa Blanca Final Development Plan permitting the construction of eight residences and a common area lot...

Excerpt: ...Family Trust. B. The court overrules defendant Skylar L. Gauss's demurrer to plaintiffs' second amended complaint. C. The court grants, in part, defendant Skylar L. Gauss's motion to strike portions of plaintiffs' second amended complaint. The court grants the motion to strike from the SAC the words “an exclusive” from ¶77; and the words “had exclusive possession and use of all water flowing to Subject Spring” in ¶111, without leave to ...

Excerpt: ...nt Royal & Sun Alliance Ins. PLC (Royal & Sun) to cover the mother plants at the facility. It obtained commercial property, business personal property, and business income insurance from defendant National Fire & Marine Ins. Co. (National Fire) As it described the business in the two actions, Start operated a large-scale cannabis nursery which grew mother plants, clones, and teens. Fresh tips from mother plan branches were nurtured for up to 30 d...

Excerpt: ...interrogatories, form interrogatories, requests for production of documents, and requests for admission. The motion is in all other respects denied. The denial of monetary sanctions in each motion is without prejudice to asserting a claim for monetary sanctions in a subsequent motion arising out of the same discovery at issue in these motions, which claim includes attorney fees and costs sought in these motions. Background: On February 14, 2019, ...

Excerpt: ...nically) file or lodge provisionally under seal the confidential non-monetary terms of the settlement for the court's review on or before January 29, 2021. Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, filed their original complaint in this action against defendants The Regents of the University of California (Regents), Kesem, Andrew Waugh, Courtney...

Excerpt: ...sts for Production ## 4, 6-10, 28, and 29, with employee identification and contact information redacted. The court orders defendant to provide a further response to Request for Production #5, on or before March 15, 2021, with names and contact information for Covered Employees who did not opt out after the procedure set forth in this ruling. Background: Plaintiff Jack Chavez brings this putative wage and hour class action against defendant Anaca...

Excerpt: ...ondominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant w...

Excerpt: ...inated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years as an Analytical Technician. Plaintiff's complaint alleges eighteen causes of action, including claims for disability discrimination, harassment, retaliation, failure to accommodate, intentional infliction of emotional distress, and constructive wrongful termination. Defendants deny the allegations. The complaint was filed on June 27, 2019. The t...

Excerpt: ...ress and defamation. The complaint identifies Channe G. Coles of the Law Office of Channe G. Coles as counsel for plaintiff Foschini. On April 24, 2019, without any response having been filed, Foschini filed his first amended complaint (FAC) alleging the same causes of action. Both the original complaint and the FAC assert claims arising out of allegations of conduct by Foschini towards Ananda communicated in social media and Ananda's conduct tow...

Excerpt: ...hen his vehicle crossed over the center line and collided head-on with the vehicle driven by plaintiff James Lechuga, and in which Jennifer Lechuga and minors Jeffrey and Joey Lechuga were passengers. The Luchuga family members each sustained personal injuries in the collision. The action has now settled for a total payment to the Lechugas of $100,000, consisting of funds both from defendant Cortes Perez and the Estate of Martha Quintana, and fro...

Excerpt: ...rve her answer to the complaint on or before January 22, 2021. BACKGROUND: This is a landlord/tenant dispute involving real property located at 1034 Neil Park Avenue, Santa Barbara, California 93103 (the “Property”). Plaintiffs Bruno Lopez and Griselda Lopez are tenants of the Property. Defendant Tricia Rush is the owner and manager of the Property. Plaintiffs took possession of the Property on January 1, 2017 pursuant to a written rental agr...

Excerpt: ...ourt at this time, and will be resolved, if necessary, in any future motion by plaintiff to compel compliance with the production demand. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked fo...

Excerpt: ...ted in Carpinteria, California. Cate School is a customer of defendant TriNet HRIII-A, Inc. and its affiliated company defendant TriNet Group, Inc. (together, “TriNet”). Panadero worked as a Spanish-language teacher for Cate School from 2003 until she was terminated at the end of the 2018/2019 academic year. On January 10, 2020, Panadero filed her complaint, alleging various Labor Code and Fair Employment and Housing Act (“FEHA”) causes o...

Excerpt: ...leadings as to Defendant Porsche Cars North America, Inc.'s Five Affirmative Defenses to Plaintiff's Second Amended Verified Complaint as follows: the court grants the motion for judgment on the pleadings as to defendant Porsche Cars North America, Inc.'s first affirmative defense without leave to amend; and the court denies the motion in all other respects. Background: In his second amended verified complaint (SAC), plaintiff Roy E. Stephenson a...

Excerpt: ...ff Shante Chappell's first amended complaint, with leave to amend, and overrules the demurrer to the second cause of action. 2. The court denies defendants Thomas Miles Phillips and The Phillips Firm's motion to strike portions of plaintiff Shante Chappell's first amended complaint. Background: On November 12, 2019, plaintiff Shante Chappell filed a complaint against defendants Thomas Miles Phillips (Phillips) and The Phillips Firm in the Ventura...

Excerpt: ...mer employees the notice described in this ruling. Background: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Defendant employed plaintiff from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plaintiff alleges that he was paid overtime wages only when he ...

Excerpt: ... sustained with respect to the cause of action for intentional infliction of emotional distress. The demurrer with respect to all claims, as they are currently alleged against individual defendant Ty Warner, are sustained. The special demurrer for uncertainty is overruled. Plaintiff has not opposed the motion to strike, as it relates to the request for attorneys' fees, and the motion is therefore granted as to such fees. With respect to the motio...

Excerpt: ...lifornia, Inc., the original lender and creditor. Defendant Susan M. Schwartz is the borrower and debtor. Plaintiff alleges that defendant breached the loan agreement by failing to pay the sum of $11,579.05 when due and owing. On November 24, 2009, plaintiff filed its complaint against defendant for breach of contract and common counts. On December 30, 2009, defendant was served by substituted service. Defendant failed to file a response to the c...

Excerpt: ...ff alleges that defendant was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, plaintiff filed his complaint, alleging a single cause of action for motor vehicle liability. Plaintiff seeks general damages, special damages, and punitive damages. Defendant moves to strike the punitive damages claim. ANALYSIS: Request for Judicial Notice Defendant requests that the court take judicial notice of ...

Excerpt: ...ing by replacing references to “aggrieved employees” with “all other similarly situated employees,” (4) strike the seventh cause of action for penalties under Labor Code § 558 and all related allegations, and (5) add applicable references to IWC Order No. 4- 2001 and No. 16-001. Defense counsel originally declined to stipulate to the amendment until he received a date for plaintiff's deposition. After plaintiff determined that additional...

Excerpt: ... Vanessa Bley, wife of plaintiff Max Gleason, and in which the couple's two minor children (Lucienne, age 2, and Desmond, age 4 months) were passengers, was apparently struck head-on by a vehicle operated by defendant John Dungan and owned by both John Dungan and defendant Michael Dungan, and allegedly entrusted by Michael Dungan. A felony criminal complaint is currently pending against defendant John Dungan arising from the accident. At the time...

Excerpt: ...Associates (St. George) for judgment pursuant to Code of Civil Procedure section 631.8. On February 6, 2020, the court filed its statement of decision. On February 20, 2020, the court filed its judgment. The judgment includes: “Defendant is the prevailing party in this matter and is entitled to recover its attorney's fees pursuant to Cal. Code of Civil Procedure § 1717, and its costs from Plaintiff[] subject to a noticed motion.” (Judgment, ...

Excerpt: ...el Hernandez, and Diego Rodriguez Garcia. The operative First Amended Complaint (FAC) filed by plaintiffs on September 10, 2020, seeks both individual damages and PAGA penalties (brought only by defendants Armenta, Garcia, and Hernandez), alleging causes of action for (1) failure to pay wages, (2) failure to provide compliant meal, rest, and recovery periods, (3) untimely payment of wages, (4) failure to keep accurate records of hours worked, (5)...

Excerpt: ...is Armstrong and Associates, LLC (LAA). Plaintiff/cross-defendant Robert S. Shumake Living Trust 1994 (Shumake) and defendants Jason Q. Wilson Trust Dated October 18, 2007; G Boys, LLC; Michael DeSalvo; and 2017 Lonestar Properties, Inc., are members of LAA. LAA holds a lease and purchase agreement for improved real property in Carpinteria. LAA's business is to cultivate medicinal and adult-use cannabis. On January 17, 2019, Shumake filed its com...

Excerpt: .... Plaintiff alleges: Defendant had entered into a written lease for premises at 315 W. Carrillo Street, #105, in Santa Barbara. The lease agreement, including its addenda, was prepared in accordance with the requirements of federal law, and related implementing regulations as determined by the federal Department of Housing and Urban Development (HUD). [Complaint ¶¶5, 6] Emergency orders of the Governor, County of Santa Barbara Health Officer, S...

Excerpt: ...ate Attorney General, filed his complaint against defendants Channel Auto Services LP (erroneously named by its fictitious name “Price Management”; hereinafter Channel); Coast Village, Inc. (CVC); and Mesa 76 LP (Mesa). The causes of action are: 1) missed meal breaks; 2) missed rest breaks; 3) failure to pay reporting time wages; 4) violation of Labor Code § 226; 5) violation of Labor Code § 203; 6) violation of Labor Code § 1102.5; 7) wro...

Excerpt: ...t Asian Pacific Health Care Venture, Inc., is sustained, with leave to amend, to the second amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. (4) Plaintiff Max Hennard shall file and serve his third ...

Excerpt: ...ified as an unlimited civil action. On September 8, plaintiff filed a first amended complaint (FAC) for breach of contract, unjust enrichment, and fraud/deceit against defendants TWHGP, LLC; Ted Ellis; Greer Ellis; and Ray Pattnaude. TWHGP has answered the FAC. (There is no summons for or proof of service on the individual defendants.) Motion: Plaintiff moves for an order compelling Ted Ellis to attend a deposition and for sanctions against Ellis...

Excerpt: ...16, 2020. Defendants are awarded monetary sanctions against plaintiff in the amount of $3,180.00. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years a...

Excerpt: ...o the Deutsche Bank subpoena. The motion is conditionally granted as to request Nos. 31, 32, and 33, and to non-tax documents responsive to the Deutsche Bank subpoena. On or before November 13, 2020, plaintiff Robert Mecay shall serve (1) written stipulations substantially identical to the stipulations set forth herein on defendants, or (2) a written notice that plaintiff Mecay declines to stipulate as proposed by this order. Plaintiffs shall con...

Excerpt: ...ornia. (Second Amended Complaint [SAC], ¶ 11.) Start grew “mother plants” from which it harvested “clones” to sell to cannabis farmers throughout California. (SAC, ¶¶ 8-10.) During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. (SAC, ¶ 14.) On January 9, 2018, heavy rain and high winds damaged the retractable shade- cloth and the gree...

Excerpt: ...1, 2020, plaintiff personally served a 3-day notice to quit on defendant. Defendant has failed and refused to vacate the premises and on March 2, 2020, plaintiff filed his complaint for unlawful detainer. On March 12, 2020, plaintiff filed a first amended complaint (FAC). Defendant demurs to the FAC for failure to state facts sufficient to constitute a cause of action. There is no filed opposition to the demurrer. ANALYSIS: The grounds for object...

Excerpt: ...is action arises out of competing claims over the proceeds of a $100,000 life insurance policy that was purchased by Laurence O. Pilgeram (“Mr. Pilgeram”) to cover the cost of cryogenically preserving his remains. Plaintiff Alcor Life Extension Foundation (“Alcor”) is the company hired by Mr. Pilgeram to preserve his remains. Defendants Kurt J. Pilgeram (“Kurt”) and Karl E. Pilgeram (“Karl”) are the adult sons of Mr. Pilgeram. On ...

Excerpt: ... further verified responses to request Nos. 42 and 43, in a form complying with the Code of Civil Procedure, to be served on or before November 9, 2020, together with the production of all responsive documents identified in the response to be produced. If any such documents have already been produced or are in defendant's possession, Beall may identify each such document specifically as having been produced or in defendant's possession. In all ot...

Excerpt: ...pon the habitability of rental units. Baratto had served as plaintiffs' insurance agent, in acquiring the policy, and the action against it was essentially one for professional negligence. In December, 2019, plaintiffs served a request for the production of documents and things on defendant Baratto. On February 25, 2020, plaintiff filed a motion to compel further responses, setting the hearing for March 20, 2020. That hearing date was vacated by ...

Excerpt: ... that he and other hourly employees were not paid for all hours worked and were denied lawful rest breaks and meal periods. On November 13, 2019, plaintiff filed a putative class action complaint for (1) failure to pay minimum and straight time wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and permit rest periods, (5) failure to timely pay wages at termination, (6) failure to provid...

Excerpt: ...f action for declaratory relief and for trespass. It alleges that plaintiff owns property at 2311 Finney Street in the Summerland area, and that Arthur Lacerte resides at the property. Defendant BMO, LLC (BMO) owns property at 2305 Finney Street, at which its managing member, Robert Mecay, resides. The easterly 18 feet of plaintiff's property is the subject of an easement for ingress, egress, and underground utilities, which benefits defendant's ...

Excerpt: ...ed in plaintiffs' complaint: 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. (Complaint, ¶¶ 2, 139.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible route to transport crude oil produced offshore in Santa Barbara. (Complaint, ¶¶ 111, 138.) On the morning of May 19, 2015, ...

Excerpt: ...s which were available during that time, were sufficiently unusual to excuse defendant's failure to timely respond to the complaint. Since she diligently sought to set aside the default after it was entered, and since her failure to timely respond to the complaint resulted from mistake and excusable neglect, the motion will be granted. Defendant is directed to separately file her answer forthwith, but in any event no later than October 19, 2020. ...