Excerpt: ...led May 8, 2020, alleges causes of action for involuntary dissolution of Prism Cam, LLC (Prism), breach of fiduciary duties, constructive trust, fraud, negligence, conversion, breach of contract, and declaratory judgment. Each cause of action arise from the relationship of the individual parties as set forth in the Operating Agreement for the entity defendant, Prism Cam, LLC. The Operating Agreement, at ¶ 10.2 (entitled “Dispute Resolution”)...

Excerpt: ...motion matters are ordered stayed pending transfer of the case. BACKGROUND: Plaintiff Aimie Coleman (“Coleman”) is the successor-in-interest to Garrett R. Casey (“Casey”), a former student at defendant The University of California, Santa Barbara (“Regents”), who died on May 27, 2018, while on a ski trip to Mammoth Lakes with defendant The University of California Santa Barbara Ski and Snowboard Club (“Ski Club”). Casey died from h...

Excerpt: ... firm Nye, Stirling, Hale & Miller, LLP (NSHM). Defendants Betty Dunbar (Dunbar) and Dennis A. Peterson 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. By document filed on March 23, 2020, The NSHM firm associated in the law firm of Snell & Wilmer LLP (SW), as co- counsel for Northern Trust. On March 24, 2020, a First Am...

Excerpt: ...s). (Complaint, ¶¶ 1, 3, 4.) On July 18, 2019, prior tenants Brianna Anugwum and Doris Jones (now no longer in possession) entered into a written agreement to rent the Premises. (Complaint, ¶¶ 6a, 6b.) Defendant Adam Unmuth is a subtenant, assignee, or guest. (Complaint, ¶ 6c.) Tenants Anugwum and Jones turned the Premises over to Unmuth in mid May 2020. (Complaint, ¶ 6d.) The intent was to add Unmuth to the lease as an assignee, however, U...

Excerpt: ...ed at 3375 Foothill Road, Unit 711, Carpinteria. (FAC, ¶ 7.) Defendant Nanci Robertson is the owner of real property located at 3375 Foothill Road, Unit 721, Carpinteria, which is the unit directly above Patterson's unit. (FAC, ¶ 9.) Between 2001 and 2018, multiple water leaks from Robertson's unit caused damage and required construction repairs to Patterson's unit. (FAC, ¶¶ 11-14.) On November 19, 2018, Patterson learned from the HOA manager...

Excerpt: ...all be dissolved. Background: On September 12, 2019, the court entered a Judgment on Sister-State Judgment in favor of judgment creditor JP Wilson against judgment debtor Robert Shumake in the amount of $760,213.13. The underlying default judgment was entered in the Oakland C Michigan on February 27, 2019. On October 17, 2019, Shumake filed a motion to vacate sister state judgment, alleging that the judgment had been served by certified m an appe...

Excerpt: ... denies the motion in all other respects. The court denies the requests for monetary sanctions. 2. The court denies the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel further responses to request for production of documents, set one. The court denies the requests for monetary sanctions. 3. The court grants the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel furth...

Excerpt: ...0, to be heard, and defendant and cross-complainant Karl E. Pilgeram's Motion to Enforce Settlement in this action, which is set for hearing on October 23, 2020, to be heard. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his remains cryogenically preserved upon his death. To cover the cost of the procedure, Mr. Pilgeram purchased a $100,000 life insur...

Excerpt: ...tract, in which plaintiff sought $131,104.76 in damages. Defendant prevailed at trial. One of the contracts that was the subject of the action contained a provision entitling the prevailing party in any litigation based upon, arising from, or in any way related to the agreement or its contemplated transactions, to all reasonable fees and costs incurred, including all reasonable attorneys' fees and costs, and all reasonable expert witness fees and...

Excerpt: ...BH Holdings, LLC's motion to strike the answer of defendant Medtastic, LLC. The court grants defendant Medtastic, LLC ten days to file an answer by counsel. Background: On January 9, 2020, plaintiff BBH Holding, LLC, filed its complaint for breach of lease and breach of guaranties against Medtastic, LLC; Brian Beynon (also known as Gary Brian Beynon); and Zachary Berger. BBH is the lessor of a commercial building at 1030 Cindy Lane, Unit A, in Ca...

Excerpt: ...s granted as set forth herein. Plaintiff is awarded monetary sanctions in the total sum of $3,500.00. 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. Plaintiff was employed by defendant from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plain...

Excerpt: ... Court has reviewed the Administrative Record lodged by petitioner, and refers to the record for the full factual background of this proceeding.] Born in 1978, Uhrig underwent two kidney transplant procedures as a child, the first in 1985, and the second in 1996. Uhrig began work as a custody deputy in September 2006. He worked for the Santa Barbara County Sheriff's Department as a custody deputy at the county jail from 2006 through 2017. He sust...

Excerpt: ...s complaint: Butler America, Inc., is the predecessor in interest to plaintiff Butler America, LLC (collectively, Butler or Buyer). (Complaint, ¶ 1.) On September 21, 2013, Butler purchased Kenton Group.com, LLC, (Kenton or Company) and Double Eagle Design (Double Eagle) (collectively, the Kenton Group Acquisition) pursuant to an Equity Purchase Agreement (EPA). (Complaint, ¶ 8 & exhibit 1 [the EPA].) Butler had retained its attorney, defendant...

Excerpt: ... answer to the first amended complaint on or before September 21, 2020. Background: As alleged in plaintiffs' first amended complaint (FAC): In the summer of 2016, plaintiffs Barranca Enterprises, Inc. (Barranca), and MLG Leasing, Inc. (MLG), were approached by defendant Gregory R. Reitz, who made a proposal to develop the plaintiffs' properties located on the corners of Garden Street and Anapamu Street in Santa Barbara. (FAC, ¶ 11.) Reitz toute...

Excerpt: ...ve Mandamus and Judicial Review of Administrative Hearing. Respondent is Steve Gordon, Director of the California Department of Motor Vehicles. (The court will refer to respondent as “DMV.”) The petition seeks review of DMV's suspension of Munoz's driving privileges. On June 5, Munoz filed an ex parte application for a stay of the suspension of her driving privileges. Munoz notified DMV of the application by phone and transmitted a copy of th...

Excerpt: ... alleges causes of action for violation of residents' rights under Health & Safety Code section 1430(b), elder neglect, and wrongful death. Brought by surviving child Yolanda Salgado-Tovar, the complaint names as nominal defendants Mr. Salgado's surviving spouse and other living children. The complaint alleges that 89-year-old Mr. Salgado was admitted to a skilled nursing facility operated by California Convalescent hospital of Santa Barbara, Inc...

Excerpt: ...ntiff Beach Front Construction Company shall serve verified further responses, in a form complying with the Code of Civil Procedure, on or before September 14, 2020. (2) For the reasons set forth herein, the motion of defendant Homer T. Hayward Lumber Co. to compel further responses of plaintiff Uptown Center, LLC, to special interrogatories, set two, Nos. 47 through 60, is granted. Plaintiff Uptown Center, LLC, shall serve verified further respo...

Excerpt: ...tion of Skylar L. Gauss, individually, for contempt as to attorney Robert Forouzandeh is denied. Background: On March 25, 2019, plaintiff Saticoy Development Company, LLC (Saticoy) filed its original verified complaint in this action asserting four causes of action: (1) quiet title; (2) declaratory relief; (3) injunctive relief; and (4) conversion of personal property. On May 14, 2019, defendant Skylar L. Gauss, a self-represented defendant, in h...

Excerpt: ...to amend. Background: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. On December 13, 2019, the court sustained defendants' demurrer to the Commission's complaint for failure to join the federal government as an indispens...

Excerpt: ...ard I. Wideman and Kristin Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. Motion: Plaintiffs move for further responses from defendant Conway, without objection, to Form Interrogatories (FI) ##2.6, 2.7, 3.7, 12.0, 12.3, 12.4, 15.1, 16.2(b...

Excerpt: ...t, plaintiffs Astrid G. Nelson Megel and Clifford Nelson's motion to set/compel depositions of defendants' employees Dwayne Bird, Marjorie Kelbacher, and Robert Gillis. The depositions shall take place at times agreed by the parties. The depositions shall be taken remotely, if the parties agree, otherwise, the deposition of Dwayne Bird will take place in South Carolina; the deposition of Marjorie Kelbacher will take place within 75 miles of her r...

Excerpt: ... denied. BACKGROUND: This is an action for various employment-related and whistleblower claims by plaintiff against her former employer and former supervisor. Plaintiff alleges that she is disabled and that she was subject to discrimination, harassment, and wrongful termination because of her disability and gender. Defendants deny the allegations. There are two motions currently before the court. In the first motion, defendants seek an order comp...

Excerpt: ...ackground: This is a purported class action for wages and Labor Code violations. In a complaint filed on March 4, 2020, against defendant Parks Management Company, plaintiffs Tayler Hannes and Paul Voigt asserted causes of action for 1) failure to pay wages and/or overtime; 2) meal break violations (Labor Code § 226.7); 3) rest break violations (Labor Code § 226.7); 4) waiting time penalties (Labor Code § 203); 5) unreimbursed mileage (Labor C...

Excerpt: ...he court denies plaintiff Chris White's request for expenses and attorney fees. Background: This action arises out of a residential lease agreement. On October 1, 2016, plaintiff Chris White (“White”) entered into a month-to-month lease of real property located at 726 W. Pedregosa Street in Santa Barbara. (Although the third amended complaint still lists William Levi and Rachel Levi as plaintiffs, they were dismissed from the case with prejud...

Excerpt: ...ichal Wadsworth to appear and testify at deposition is granted. Plaintiff's motion to compel site inspection of defendant's premises is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: Plaintiff Chelsea Herzog is a former employee of defendant NuSil Technology, LLC (“NuSil”). Plaintiff worked for defendant as an analytical technician from April 2016 until December 2018. Defendant Michal Wadsworth (“Wadsworth...

Excerpt: ...ld the vineyard, both the business operations and the land, to defendant Randeep Singh Grewal (“Grewal”), the owner of defendant Ca' Del Grevino, LLC dba Grevino Estate Vineyards (“Vineyards”), located at 2510 E. Clark Avenue, Santa Maria, California 93455. As part of the purchase agreement, Grewal agreed to employ Addamo as the President and General Manager of Vineyards with an annual salary of $200,000. In addition, Addamo was to be pai...

Excerpt: ...the disposition of an appeal in a potentially related action now before the Court of Appeal. (1) City of Torrance Action On March 22, 2019, the City of Torrance (Torrance), which is not a party to this action, filed a complaint in Los Angeles County Superio r in City of Torrance v. Southern California Edison Company, Los Angeles County Superior Court case No. 19STCV10249 (City of Torra n failure to comply with the Torrance Municipal Code. (SCE Re...

Excerpt: ...ed. The court allows costs in the amount of $4,351.22. Background: On January 30, 2020, after a three-day court trial, the court found in favor of plaintiff People's Self-Help Housing Corporation (PSHHC), announced judgment in favor of plaintiff and against defendant Superior Millwork of SB, Inc. (Superior) in the amount of $190,634, found that Superior did not prevail on the cross-complaint, and reserved the issue of fees and costs. On February ...

Excerpt: .... The motion is denied as to the first cause of action and as to that portion of the second cause of action based upon intrusion. (2) For the reasons set forth herein, the demurrer of defendant Dana Cook to the first amended complaint is moot as to those causes of action for which the special motion to strike has been granted, is overruled as to the first cause of action, and is sustained, with leave to amend, as to that portion of the second cau...

Excerpt: ...t 23 East Cabrillo Boulevard, Santa Barbara, California 93101. On January 5, 2017, plaintiff Hannah Beachfront, LLC, as lessor, and defendant TWHGP, LLC, as lessee, entered into a ten-year written lease agreement for the premises. The agreed rent was $12,000 per month, triple net. Pursuant to a written amendment to the lease agreement, dated October 2, 2018, rent was to commence on the date defendant first opened its doors for business after rece...

Excerpt: ...ant and plaintiff entered into a written lease dated June 1, 2006. On February 1, 2020, plaintiff personally served a 3-day notice to quit on defendant. In the notice, plaintiff states that, on October 30, 2019, defendant gave notice to move out by January 31, 2020. On January 21, defendant delivered notice that he no longer wanted to move out. Plaintiff states: “I'm not able to accept reason Safety & Firehaz (sic).” Demurrer: Defendant demur...

Excerpt: ...the arbitration. BACKGROUND: This is a putative class action wage and hour dispute. Plaintiffs Armando Nunez, Alejandro Camacho, and Jacob Sullivan were plumbing technicians employed by defendants Rotoco, Inc. dba Roto-Rooter Plumbers, Santa Barbara Roto- Rooter, Inc., Monterey Rotoco, Inc., and Norcal Rotoco, Inc. Plaintiffs' third amended complaint, filed on February 19, 2020, alleges causes of action for (1) failure to pay overtime wages, (2) ...

Excerpt: ...ses to requests Nos. 1 through 20, without objection except as to privilege, in a form complying with the Code of Civil Procedure on or before August 21, 2020. To the extent any response is qualified on the basis of privilege, plaintiff shall state the extent of the qualification and provide in the response such additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in favor of defendant Louis ...

Excerpt: ...on for a protective order to September 25, 2020. Background: Plaintiff Grant Beall (Beall) was a tenant and resident of 6606-6608 Del Playa, HSE, in Isla Vista. The landlord was defendant Ronald L. Wolfe and Associates (Wolfe). In his second amended complaint (SAC), Beall asserts a class action related to Wolfe's pre-termination notice, personal property destruction, vendor oversight fees, and security deposit itemization. The causes of action in...

Excerpt: ...ust 3, 2020. Background: As alleged in plaintiff Roger Perry's complaint, defendant Scott William Powers and his company, Coast Transportation Insurance Service (Coast), engaged in numerous actions to damage Perry's business. These actions included forging Perry's signature on documents Powers sent to the California Department of Insurance seeking to dissolve Perry's business and cancel Perry's insurance licenses (Complaint, ¶¶ 8-13), sending f...

Excerpt: ...s action arose out of plaintiff Kim Levine's tenancy of residential property pursuant to a written lease with defendant Janet Bergschneider, aka Jenna Berg. Defendant Bungalow, LLC, managed the property. Levine, on behalf of herself and her son Santo Massine, filed an action for breach of contract, breach of warranties, negligence, and private nuisance. Levine alleged mold contamination of the property. Defendants/cross-complainants Janet Bergsch...

Excerpt: ...n front of the entrance to defendant Trader Joe's Company, Inc.'s store located in the Calle Real Shopping Center in Goleta, when defendant Berl Golomb pulled his Toyota Prius into a parking space directly in front of the store at an excessive rate of speed, jumped the concrete tire stop, and struck Matthew Quirk, who was standing on the sidewalk. The Prius continued forward, taking Matthew Quirk with the vehicle as it crashed through the front d...

Excerpt: ...ndant shall file and serve her responsive pleading to the cross-complaint (as stricken) on or before July 16, 2020. The court will determine all issues with respect to an award of attorney fees upon appropriate application by cross-defendant. Plaintiff shall file and serve a completed civil case cover sheet addendum pursuant to Santa Barbara County Superior Court Local Rules, rule 1310, on or before July 16, 2020. Background: (1) Plaintiff's Comp...

Excerpt: ...a. Defendants John Moller, Dansk Investment Group, Inc., Moller Investment Group, Inc., Palisades Gas and Wash, Inc., and Citrus North Venture, LLC (Moller defendants) appeared in the action on January 6, 2017, through current counsel, including lead attorney Ryan T. Waggoner, when they filed a demurrer to and motion to strike portions of Windsor's complaint. On July 24, 2017, Windsor served verified responses to the Moller defendants' Form Inter...

Excerpt: ...arvested “clones” to sell to cannabis farmers throughout California. 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. On January 9, 2018, heavy rain and high winds damaged the retractable shade-cloth and the greenhouse ridge vents, resulting in dramatically increased heat and humidity inside the greenhouse, which caused the loss of an ad...

Excerpt: ...anctions of $2,500 to plaintiffs. (2) The motion compel defendant Baratto to provide further answers to interrogatories is granted, and Baratto is ordered to serve further verified responses to the interrogatories no later than June 29, 2020. No sanctions are awarded on this motion. Background: On March 8, 2019, plaintiffs Astrid G. Nelson Megel, individually and as trustee for The Westside Irrevocable Trust, and Clifford Nelson filed their origi...

Excerpt: ...ise to criminal proceedings. (1) Chronology of Events Defendant Coast Transport Insurance Service (CTIS) is a California corporation that operates an insurance agency. (Defendants' Response Separate Statement [DSS], undisputed fact 2.) Defendant Scott William Powers (Powers) is the CEO and President of CTIS. (DSS, fact 3 [undisputed on this point].) (Note: Plaintiff has numbered its separate statement facts consecutively in its separate statement...

Excerpt: ...rbara, California that grows and distributes various types of plants. Plaintiff worked for defendant for 22 years as a maintenance employee. Plaintiff alleges that defendant implemented various unlawful policies and practices that resulted in underpayment of wages and deprived employees of 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 w...

Excerpt: ...an Motorcars, Ltd. (DEM), believing that it was ne when it was not. As to demurring party AmTrust Financial Services, Inc. (AmTrust), plaintiff alleges that it is a Delaware corporation, and is the successor to CorePointe Insurances, LLC (CorePointe), who issued Dealer Surety Bond No. 60041 to Desert European Motorcars, Ltd (DEM) under the provisions of Vehicle Code section 17100, effective 2/5/2013, and is therefore liable for DEM's wrongful con...

Excerpt: ...y proceed. Background: Plaintiffs Joseph Mendoza and Femy Servellon are the parents of decedent Liliana Mendoza who died at defendants Bacon Family Childcare, Cathy's Daycare, and Cathleen Bacon's daycare facility. Plaintiffs' complaint is for general negligence. A CMC is scheduled for August 19, 2020. On January 30, 2020, the Santa Barbara District Attorney filed a criminal complaint against defendant Cathleen Bacon, charging her in connection w...

Excerpt: ... vehicle accident on December 25, 2018, apparently by defendant Wei Guan Hua. (Complaint, ¶ 1.) (Note: The qualification, “apparently” is because the only cause of action form attached to the Judicial Council Form Complaint does not name Wei Guan Hua as a defendant in any capacity of operation or ownership of the motor vehicle. (Complaint, ¶ MV-2.)) On October 29, 2019, plaintiff filed his original complaint in this action asserting one cau...

Excerpt: ...ff SRCT Holdings, LLC (“SRCT”) is the owner of the Property. On December 4, 2019, defendant U.S. Real Estate Credit Holdings III-A, L.P. (“U.S. Real Estate”) recorded in the Official Records of the County of Santa Barbara a Notice of Pendency of Action against the Property, Instrument No. 2019-0055855, regarding Los Angeles County Superior Court, West District, Case No. 19SMCV02061, U.S. Real Estate Credit Holdings III-A, L.P. v. Scott Ei...

Excerpt: ...intiffs Minerva Moreno and Leonidas Herrera, III, filed their original complaint in this matter asserting one cause of action for wrongful death against defendants Irma Blancarte, Rosa Blancarte, Monica Blancarte, and Kathryn Calzada dba Handprints Day Care. On January 24, 2020, defendant Rosa Blancarte filed her answer to the complaint. Also on January 24, defendant Irma Blancarte filed her answer to the complaint. The answer of Irma Blancarte w...

Excerpt: ...ranting the remaining individual defendants' motion to quash and/or dismiss plaintiff Save the Valley, LLC's first amended complaint. The court ordered the first amended complaint dismissed. The dismissal was without prejudice pursuant to CCP § 389(b). The court noted, however, that it is clear that plaintiff cannot cure the defect because it cannot sue the United States in this court. (The remaining individual defendants were Kenny Kahn, Vincen...

Excerpt: ...he second amended cross-complaint on or before June 29, 2020. Background: (1) Procedural History On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (1240 EVR) filed its original complaint in this action against defendants Andy Goldman and Jan Goldman, Trustees of the Goldman Family Trust, Dated January 18, 2000 (collectively, the Goldmans) asserting causes of action for quiet title, continuing trespass, ejectment, and declaratory relief. On Aug...

Excerpt: ...tions & Financial Services, Inc., dba Baratto, Sullivan & Co., Insurance Agency is granted in part. To the extent required herein, on or before, June 29, 2020, defendant Baratto shall serve further responses to request for production Nos. 1, 2, 3, 4, 8, 9, 16 and 18, together with a privilege log identifying all responsive documents withheld from production and sufficient additional information for the court to be able to resolve the claim of pri...

Excerpt: ... of designing, developing, sourcing, marketing and selling women's, men's and children's footwear under their owned or licensed brand names. [Complaint ¶2] In their complaint filed on April 13, 2020, plaintiffs allege: Plaintiffs obtained from defendant Hartford Fire Insurance Company Special Multi-Flex Business Insurance Policy No. UUN AB7878, effective from October 15, 2019 to October 15, 2020. [Complaint ¶14] The policy is an “all risks”...

Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...

Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...

Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...

Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...

Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...

Excerpt: ...gment and Defendant's Reply. On or before March 2, 2020, the parties shall filed unredacted copies of all documents filed conditionally under seal. 2. The court, on its own motion, strikes the Sur Reply that plaintiff Erik A. Hennings filed on January 31, 2020, and the declaration of Daniel Kalinowski in support thereof filed on January 31, 2020. The court denies defendants' request for a sanction under CCP § 128.5. 3. The court grants, in part,...

Excerpt: ...ugh that defendants should have corrected or warned of it. The parties reached a settlement of the action at the Mandatory Settlement Conference held on December 7, 2018. The parties agreed that, in exchange for a payment of $80,000 to plaintiff, she would dismiss her lawsuit as to all defendants with prejudice. Each side would bear its own costs. The parties stated that counsel would prepare a release that would memorialize the terms of the sett...

Excerpt: ...ion arises from injuries allegedly suffered by plaintiff in a trip and fall incident which occurred on January 29, 2017, when plaintiff fell after stepping into a deep rut on the parkway adjacent to the sidewalk which abutted defendant's property. Plaintiff served a set of nine requests for admissions upon defendant on October 24, 2019, seeking defendant's admissions that, among other things, he owned the adjacent real property, was a licensed re...

Excerpt: ...perated a commercial cannabis nursery located at 1628 Cravens Lane, Carpinteria. (Second Amended Complaint [SAC], ¶¶ 1, 8.) The nursery sector of the legal cannabis market does not produce cannabis flower/buds for market, but focuses on the earliest stages of plant development, including plant breeding and the productions of vegetative mother plants (up to nine months), clones (up to one month), and teens (up to three months). (SAC, ¶ 9.) In o...

Excerpt: ...'s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied entered into an Agreement for Cardiovascular Perfusion Services with Santa Barbara Cottage Hospital, under which Allied would furnish perfusion personnel and perform perfusion services for Cottage as an independent contractor for a five-ye...

Excerpt: ...ants shall prepare and lodge a judgment consistent with this ruling. Background: On January 8, 2018, plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl...

Excerpt: ...our is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first amended complaint on or before March 9, 2020. Background: As alleged in the first amended complaint (FAC) of plaintiff Allison Armour: Plaintiff Armour and defendants Bruce Tamao Hayashi and Janice Hayashi (collectively, the Hayashis) are neighbors owning adjoining parcels of real property. (FAC, ¶ 1.) Armour's prop...

Excerpt: ...e complaint, plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were allegedly served with a three-day notice to quit the premises, but they have failed a...

Excerpt: ...llowing a foreclosure sale. Plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were served with a three-day notice to quit the premises, but they have fai...

Excerpt: ...nd: As set 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...

Excerpt: ... Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. (Complaint, ¶ GN-1.) On October 9, 2019, Dr. Conway filed his answer to the complaint. On October 25, 2019, Dr. Conway filed his amended answer to the complaint. On December 31, 2019, Dr. C...

Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...

Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...

Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...

Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...

Excerpt: ...t for attorney fees and costs. Background: This is a neighborhood dispute arising out of applications for construction of an accessory dwelling unit (ADU) on each of two properties owned by defendants. Plaintiff Arriba Way Citizens United (AWCU) seeks a preliminary injunction to prevent construction of the ADUs pending disposition of the merits of this action. Defendant Gregory M. Patronyk is the trustee of the Gregg Patronyk Revocable Trust date...

Excerpt: ...826.13, its costs for lodging and meals (unrelated to depositions) in the amount of $4,307.70, and its vehicle rental costs in the amount of $1,837.27. In all other respects, Armstrong's motion to strike or, in the alternative, to tax Harrison's revised cost memorandum is denied. BACKGROUND: This action arises out of a residential construction project that included a large wooden deck on property located at 1196 E. Mountain Drive, Santa Barbara, ...

Excerpt: ... and all responsive documents, shall be provided on or before February 14, 2020. The requests for monetary sanctions by both sides are denied. Plaintiffs' motion to compel attendance, testimony, and production at depositions is denied. The parties shall meet and confer and proceed with the depositions of the custodian of records, the PMK witnesses, and Eric Shuman as proposed by defense counsel on December 16, 2019. The depositions shall be compl...

Excerpt: ...Vincent originally filed this action on July 19, 2016, in the San Francisco Superior Court. It was transferred to this Court in December 2016. In his first amended complaint, Vincent alleges that defendants The State of California, California Highway Patrol (“CHP”), and CHP Captain Mark D'Arelli terminated his 8-year employment in November, 2014, after he took an emergency medical leave of absence to locate and care for his disabled sister in...

Excerpt: ...pril 29, 2016, pursuant to a written lease agreement, plaintiff leased premises to defendant located at 4436 La Tierra Lane, Carpinteria, California 93013. The lease payment was $3,600.00 per month, due on the first of the month. The initial lease term was twelve months, but the tenancy was later converted to month-to-month. In April 2018, defendant allegedly breached the rental agreement by failing to pay the required rent. On September 20, 2019...

Excerpt: ...t page 11, line 3, without leave to amend. The court orders stricken from the first amended cross-complaint ¶36; ¶46; prayer #5 at page 10, line 28; and prayer number 9 at page 11, line 6, with leave to amend. Background: On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (“1240”), commenced this action against defendants Andy Goldman and Jan Goldman, trustees of the Goldman Family Trust (“Goldman”). The parties own adjacent propertie...

Excerpt: ...se of residential property located at 780 Ladera Lane, Santa Barbara, California 93108 (the “Property”). The loan was acknowledged by a promissory note, dated January 5, 2008, which provides that the $500,000.00 amount shall be paid back with interest at the rate of 6% annually, but if Michel cannot afford to make payments on the note, then the money shall be paid back, with interest, when the Property is sold. The note further provides that ...

Excerpt: ...ance Company's 24th Affirmative Defense. The court orders Twin City Fire Insurance Company's 32nd Affirmative Defense stricken from the answer. Background: This is an insurance coverage action that plaintiff Somera Capital Management, LLC, commenced against defendants Twin City Fire Insurance Company and The Swett & Crawford Group, Inc. (There is no proof of service indicating service on defendant Swett & Crawford, which apparently merged into CR...

Excerpt: ...verruled in its entirety. Cross-defendant shall file and serve its answer to the cross-complaint on or before January 27, 2020. (2) For the reasons set forth herein, the motion of cross-defendant Daniel Casey dba Deco Drywall & Plaster to strike portions of the cross-complaint of cross-complainants DD Ford Construction, L.P., and DDF Management, LLC, is denied in its entirety. Background: On June 11, 2019, plaintiff J. Michael Property Investors,...

Excerpt: ...State Bar of Texas, for admission pro hac vice to appear as counsel in this action are granted. (1) Motion to Compel Arbitration Background: As alleged in the operative complaint of plaintiff Remedial Construction Services, L.P. (RECON), this dispute arises from the demolition, remediation, and restoration of the Gaviota Terminal (the Project). (First Amended Complaint [FAC], ¶ 1.) Prior to RECON's involvement in the Project, defendants AECOM, I...

Excerpt: ...filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl., ¶ 2.) At the mediation on May 17, the parties agreed to a settlement. (Miller decl., ¶ 3 & exhibit A.) (Note: The declaration fails to include electronic bookmarks for exhibits as required by Rules of Court, rule 3...

Excerpt: ...rimination case (case No. 19CV02931, the Discrimination Case). The plaintiff in the UD Case, The Parsons Group, Inc. (Parsons), is the defendant in the Discrimination Case; the plaintiff in the Discrimination Case, David Rea, is the defendant in the UD Case. The UD Case was filed on April 22, 2019. The UD Case is based upon a thirty-day notice to quit which asserts that Rea has violated the terms of his lease to premises located at 1116 De La Vin...

Excerpt: ...kground information for the settlement, which was set forth in the Minute Order from the initial August 30, 2019 hearing on this matter. As that Minute Order reflects, this Court had a number of concerns regarding the settlement itself, and the provisions it made for notification of the class. The Court requested the parties to provide further information no later than September 20, 2019, that would assist it in evaluating the proposed class sett...

Excerpt: ...ll statutory references are to the Government Code.) Respondent County of Santa Barbara opposes the petition. Petitioner's son, Alex Braid, died while in custody at the Santa Barbara County Jail on July 5, 2018. On January 29, 2019, petitioner presented an application for leave to file a late claim pursuant to § 911.4. County denied that application on February 16, 2019. Petitioner contends that the cause of action did not accrue until July 3, 2...

Excerpt: ...nses to form interrogatories, special interrogatories, production demands, and requests for admissions. The Court notes that the demurrer and motion to strike provided adequate notice of hearing. The motions to compel did not. Given that plaintiff's attorney is located in Las Vegas, Nevada, service of any motion by or upon him is subject the provisions of Code of Civil Procedure section 1005(b), wherein the required 16 calendar day notice period ...

Excerpt: ... prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen ...

Excerpt: ...n five days of the date of this order. BACKGROUND: For approximately 18 months, plaintiff and judgment creditor Butler America, LLC (“Butler”) provided staffing services to defendant and judgment debtor Aviation Finance Services, LLC (“AFS”). Butler supplied AFS with employment personnel and then invoiced AFS for the employees' salaries and related expenses. Almost immediately, however, the balances on Butler's invoices began to accumulat...

Excerpt: ...s had knowledge of the alleged joint venture agreement between plaintiff and the Moller defendants and whether they were legally justified in selling the Hotel to the Moller defendants are triable issues of fact. BACKGROUND: This action arises out of an alleged joint venture agreement to acquire, develop, and manage an 11-story, 210-room hotel. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company. Patrick Nesb...

Excerpt: ...it made to injured employee Travis Bean (Bean). After serving a notice upon Bean regarding the pendency of the action, Regents filed a notice that it would be dismissing its action against Harper and Tierra. Bean then sought and was permitted to intervene, ultimately filing his Complaint-in Intervention on October 20, 2017. Regents' complaint was then dismissed on December 5, 2017, and Bean has pursued the action seeking additional damages for th...

Excerpt: ...f the second amended complaint is granted to strike, without leave to amend, paragraph 3 of the prayer (“A Declaration of the respective rights and duties of the parties”), and is in all other respects denied. (3) Defendant Ronald L. Wolfe & Associates, Incorporated, shall file and serve its answer to the second amended complaint on or before October 7, 2019. Background: (1) Allegations of Second Amended Complaint Plaintiff Grant Beall (Beall...

Excerpt: ...gory Lowry, Inc. (collectively “Lowry”), filed their complaint for 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) fraud, 4) negligent misrepresentation, and 5) conversion against defendants Thomas Kaljian and Kaljian Santa Barbara, LLC (collectively “Kaljian”). Lowry alleges: Lowry is a dentist and sole practitioner. [Complaint ¶15] Lowry entered into a lease with Kaljian's predecessor for premises at...

Excerpt: ...o Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order ...

Excerpt: ...evailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen and...

Excerpt: ...lon & Style Bar, LLC, filed an answer on June 17. There is no scheduled CMC, MSC, or trial. On May 24, 2019, Carlyle served deposition subpoenas for production of business records on Law Offices of John J. Thyne, III (“Thyne Law”); Goodwin & Thyne Properties (“G&T”); and Marcus Boyle. G&T is the real estate brokerage that has listed the subject property and Boyle is the real estate agent representing the property. Thyne Law purports to re...

Excerpt: ...st plaintiff and her attorney, jointly and severally, in the amount of $3,500.00. Plaintiff's motion to vacate the court's May 7, 2019 order is denied. Defendants' motion for sanctions pursuant to Code of Civil Procedure Section 128.5 is denied. BACKGROUND: This is an action for alleged mold contamination. In 2017 plaintiff Taryn Intravartolo leased an apartment unit located at 175 San Angelo Avenue, Unit A, Santa Barbara, California 93111. Defen...

Excerpt: ...pany, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after the mediation between the remaining defendants, which caused new attorneys to substitute in for Trader Joe's, and for the Limited Partne...

Excerpt: ... date of the incident or, if that employee is not available, the deposition of any other Univar employee who would have knowledge about the nature of the couplings with respect to the acid and chlorine tanks on the premises, and who could testify as to the possibility that the wrong distribution hoses could have been connected to the wrong tanks on the date in question. Harper and Tierra may file any supplemental opposition on this issue on or be...

Excerpt: ... property located at 1471 Las Positas Place, Santa Barbara (the Property). (Complaint, ¶ 10.) In 2007, plaintiffs entered into a loan secured by a deed of trust (DOT) on the Property. (Complaint, ¶ 15; Defendants' Request for Judicial Notice [DRJN], exhibit 1.) As set forth in the DOT, recorded October 11, 2007, the lender is Countrywide Bank, FSB. (DRJN, exhibit 1.) On July 14, 2011, there was an Assignment of Deed of Trust recorded, assigning...