Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...

Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...

Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

Excerpt: ...the pre-filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding jud...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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