Excerpt: ... to cure. Background: On July 29, 2016, plaintiffs American Express Bank, FSB, and American Express Centurion Bank and defendant Michael Sandel filed a Stipulation for Conditional Entry of Judgment (“Stipulation”). On August 8, 2016, the court entered an order dismissing the case and retaining jurisdiction pursuant to CCP § 664.6 over the parties to enforce the Stipulation. The Stipulation provided that plaintiffs shall recover $48,666.49 (i...

Excerpt: ...s 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 Dec. ¶ 2.) At the mediation on May 17, the parties agreed to a settlement and each plaintiff executed a separate Settlement Agreement and Release. (Id. ¶ 3, Exhibit A.) Each settlement agreement provided that “Defendant” would pay a sum to each plaintiff...

Excerpt: ...rt. Defendant is ordered to provide further responses to RFP Nos. 15, 18, 21, 22, 23, 24, 27, and 42, SPI Nos. 5 and 6, and FI No. 50.5. The further responses shall be provided on or before January 10, 2020. In all other respects, plaintiff's motion to compel is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundat...

Excerpt: ...equent depositions of both plaintiffs Patrick William Kinsella and Snejana Kinsella and orders both plaintiffs to make themselves available for subsequent depositions in California. The subject of the subsequent depositions shall be limited to the loss of consortium cause of action, including damages. Plaintiffs shall be solely responsible for their own travel costs. Nothing in this order shall limit other means of discovery. Background: The acti...

Excerpt: ...oseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Frances Cardilino reside at 15 Fellowship Circle (the Cardilino Property). (Complaint, ¶ 2.) The Cardilino Property is located in the center of Fellowship Circle, with neighboring homes surrounding it. (Ibid.) The Cardilino Property faces the Benaron Property. (Ibid.) In February 2016, plaintiffs began ...

Excerpt: ...gh the entrance of the store and struck plaintiff. His complaint, filed March 6, 2017, asserted claims against Golomb, Trader Joe's Company, 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 t...

Excerpt: ... California State Lands Commission shall file an amended complaint on or before December 30, 2019. Complaint: 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. The Commission alleges: On February 29, 1968, the Commission is...

Excerpt: ...ction was filed. Defendant would make a $4,000 payment on May 24, 2017, followed by payments of $400/month through October, 2017, and then $500/month payments through April 2020, for a total payment of $21,000. That total was to include $725.80 in court costs, and would reflect a settlement forgiveness of $17,207.23. If defendant defaulted on any payment, and failed to cure that default within seven days after written notice of default was provid...

Excerpt: ... proofs of service filed on October 9, 2019, is ordered quashed. On its own motion, the court strikes the second amended complaint, filed September 16, 2019, as not filed in conformity with the laws of this state. (2) For the reasons set forth herein, the motion of defendants Kenny Kahn, Vincent Armenta, Raul Armenta, Maxina Littlejohn, Gary Pace, Mike Lopez, and Bill Peters to quash service of summons on the grounds of lack of jurisdiction is mo...

Excerpt: ...other equitable relief, was filed by the People on January 28, 2019. It alleges that defendant Highland Green, Inc. (HGI) at all times operated a cannabis cultivation site on four parcels within Santa Barbara County (131-090-073, 131-090-074, 131-200-016, and 131-200-018), also known as 1825 Tepusquet Road and 7930 Blazing Saddle Drive in Santa Maria. Defendant Highland Hilltop Ranch, Inc. (HHRI), formerly known as Unified Investments, Inc., is o...

Excerpt: ...Frances Cardilino is granted to strike paragraph 9 of the prayer of the complaint, with leave to amend, and is otherwise overruled. (3) As set forth below, plaintiffs shall file and serve their first amended complaint on or before January 6, 2020. Background: As alleged in the complaint: Plaintiffs Joseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Fran...

Excerpt: ...port cardiovascular surgeons by managing the heart-lung machine during open heart surgery. On October 7, 2015, non-party Santa Barbara Cottage Hospital (“Cottage”) executed an agreement with Allied for cardiovascular perfusion services. The agreement provided that Allied would furnish perfusion personnel and perform perfusion services for Cottage for a period of five years as an independent contractor. The fees for such services were set fort...

Excerpt: ... 7, 2019, alleging causes of action for promissory fraud, bad faith retention of security deposit, conversion, and common counts. The complaint alleges that Windrich and defendants entered into a written term lease or rental agreement for premises located at 821 Cliff Drive, No. 101, in Santa Barbara, under which Windrich agreed to pay monthly rent of $800.00, commencing June 15, 2015. Windrich deposited with defendants $1,600 as security for his...

Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...

Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...

Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...

Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...

Excerpt: ...e to amend as to this issue only, should plaintiff choose to do so, on or before November 15, 2019. The motion to strike is denied in all other respects. (c) In large part, the Court has deemed its August 9 order regarding the identical discovery devices and motions to be applicable to defendant Sierra Property Group's four motions to compel further responses to form interrogatories, special interrogatories, demands for production, and requests f...

Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...

Excerpt: ...aterials and data are not required to be disclosed by Dr. Stenquist to counsel. Background: This is an action arising from an automobile versus pedestrian accident in which, among other things, plaintiff Michael Hines claims damages from a traumatic brain injury. Philip K. Stenquist, Ph.D., ABCN, a psychologist, was retained by counsel for defendant Nancy Hoolahan to review records and to examine Michael Hines. (Stenquist decl., ¶ 3.) On May 21,...

Excerpt: ...nto a written lease and addendum to lease for commercial premises located at 427 State Street, Santa Barbara, California 93101. Because defendant was starting a new business, the lease payments for the first six months were at a reduced rate. Once the initial six-month trial period had elapsed, and if defendant elected to continue his tenancy, the monthly rent was increased to $6,000.00 per month, starting August 2019. Defendant continued his ten...

Excerpt: ...al Fire & Marine Insurance Company is sustained, with leave to amend, as to the third (fraud) cause of action, and the demurrer of all demurring parties is sustained, with leave to amend, as to the seventh (negligent misrepresentation) cause of action. Plaintiff Start, Inc., shall file and serve its second amended complaint on or before November 25, 2019. Background: Plaintiff Start, Inc. (Start), owned and operated a commercial cannabis nursery ...

Excerpt: ...nd Patricia Dark, and specially appearing for Joseph Lockhart: Michael C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendant Joseph J. Lockhart to quash the “Doe 1” amendment to the first amended complaint is granted and the amendment filed September 18, 2019, is ordered stricken. Background: On September 4, 2015, plaintiff Stacy McCrory filed her action against defend...

Excerpt: ...a, Law Offices of Berglund & Johnson For Defendant National Railroad Passenger Corporation (Amtrak): Michael E. Murphy, Brock Christensen, Sims Law Firm, LLP TENTATIVE RULING: The motion of defendant Amtrak to compel discovery is granted in part and denied in part. The motion is granted to require a further verified written response, without objection and in a form complying with the Code of Civil Procedure, to request No. 56 of defendant Amtrak'...

Excerpt: ... there are triable issues of fact as to whether defendant complied with the standard of care and/or whether defendant's conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND: This is an action for alleged medical negligence. On August 17, 2017, plaintiff Norma Vences underwent a surgical procedure known as a bilateral tubal ligation at the Surgical Arts Center in Santa Barbara, California. The procedure was performed by de...

Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...

Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...

Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...

Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...

Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...

Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...

Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...

Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...

Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...

Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...

Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...

Excerpt: ...ctions of up to $1,500 shall not be imposed for violation of California Rules of Court, rules 3.1350(f)(2), (f)(3) and 3.1113(k) by counsel's failure to file an opposition separate statement with required contents in the proper format and filing papers with the required citations. Plaintiff's counsel shall file his response to this order to show cause on or before September 11, 2019. Background: Plaintiff Charles Franzen, a minor, filed his compl...

Excerpt: ...d this action on February 13, 2019, alleging (1) violation of Civil Code section 1749.5, (2) violation of Consumer Legal Remedies Act, (3) violation of Business & Professions Code sections 17200, et seq. [Unfair Competition Law]; (4) violation of Business & Professions Code sections 17500, et seq. [False Advertising Law], (5) Money had and received, and (6) declaratory relief. All of the causes of action arise from plaintiff's visit to a Californ...

Excerpt: ...ankle. Examination and MRI studies showed end-stage degeneration of the ankle. On October 11, 2016, defendant replaced plaintiff's right ankle with an artificial ankle through a procedure known as STAR (“Scandinavian Total Ankle Replacement”) arthroplasty. The procedure initially appeared to be successful, but within a few months plaintiff began to experience pain, swelling, and decreased range of motion in her ankle. After approximately eigh...

Excerpt: ...otice to perform a covenant of her written lease; to wit: compliance with Santa Barbara Municipal Code § 22.04.010, subdivision (K), and incorporated International Property Maintenance Code § 404.5, by exceeding the maximum allowed occupancy of the rental unit. The bedroom of the rental unit is 109 square feet, limiting the occupancy of the rental unit to two persons. The rental unit is now occupied by six persons. Defendant answered the compla...

Excerpt: ...uments for deposition as set forth herein. Unless the parties agree (on the record or in writing) or the court orders otherwise, the deposition shall take place on September 4, 2019, at the time and location set forth in the deposition notice. To the extent that declarations are provided as permitted herein in lieu of testimony or production of documents, such declarations shall be served on counsel for plaintiff at or prior to the commencement o...

Excerpt: ... William Kinsella and Snejana Kinsella filed their complaint against defendants Joel Bautista Garcia and Great Oaks Operations, LLC. Garcia was driving a vehicle owned by his employer, Great Oaks. Motion: Hallesche Krankenversicherung, A.G. (“HKV”), a travel insurance carrier headquartered in Stuttgart Germany, moves for leave to file a complaint in intervention. Plaintiffs oppose the motion. Plaintiffs are residents of Germany who were vacat...

Excerpt: ...trate an underinsured motorist claim. Ostwald sued the motorist—Garcia—and the parties agreed to judicial arbitration. Ostwald obtained an award in excess of Garcia's liability insurance policy limits. Ostwald sought payment from State Farm in the amount of the difference between the award and Garcia's insurance policy limits plus an amount representing lost earnings that Ostwald says she did not litigate in the judicial arbitration. State Fa...

Excerpt: ...llowing Ms. Force's death, plaintiff filed suit against defendants Sheridan Force, Trustee of The Force Trust dated April 21, 1998, and The Force Trust dated April 21, 1998, claiming that he was not Ms. Force's tenant but instead her caretaker. Plaintiff seeks wages and penalties in excess of $200,000.00 for the period covering the four years prior to the filing of the complaint, alleging that he was never paid. Defendants deny the allegations an...

Excerpt: ...monetary sanctions is denied. BACKGROUND: Plaintiff Raymond J. Ramos (“Decedent”), by and through his Successor in Interest, Josephine Ramos, and plaintiffs Josephine Ramos, Rene Ramos, and Raymond L. Ramos, individually, bring this action against defendant Compass Health, Inc. (“CHI”), alleging causes of action for elder abuse and neglect, violation of residential rights, and wrongful death. Plaintiffs allege that Decedent died of a lung...

Excerpt: ...CV02931) (the Discrimination Case) now pending in Department 6 of this Court. 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...

Excerpt: ...erve their second amended complaint on or before August 5, 2019. (2) For the reasons set forth herein, the motion of defendant Meister & Nunes, PC, to strike portions of the first amended complaint is granted, with leave to amend, to strike the words “bearing the name ‘Ann-Marie Morahan' with her home address, social security number and tax liability for 2015” from paragraph 13 and the words “an injunction and” from paragraph 38. In all...

Excerpt: ...ate School, Inc. dba Pacifica Graduate Institute (“SBGS”). According to the allegations, on the evening of April 23, 2016, plaintiff was attending an outdoor conference celebrating SBGS's 40th anniversary. The conference took place on an area of the campus lawn where tables, chairs, and free-standing umbrellas had been set up for the conference attendees. Plaintiff was seated at one of the tables when the wind suddenly picked up, causing seve...

Excerpt: ...errace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzik decl. re PAGA, ¶ 3.) Plaintiff Cinthya Saavedra worked for Cliff View as a certified nursing assistant at Cliff View's Mission Terrace Convalescent Hospital facility in Santa Barbara from 2016 until April 2017. (Ibid.) The operative complaint, the second amended complaint (SAC), was filed on May 11, 2018. The SAC assert...

Excerpt: ...on the motion pursuant to CRC 3.1150(f). Background: Plaintiffs Melvyn Goldsmith and Barbara Goldsmith filed their complaint against defendant Hope Ranch Park Homes Association (“HOA”) for declaratory relief, breach of fiduciary duty, and injunctive relief. Plaintiffs allege: HOA is a corporation formed to manage a common interest development known as Hope Ranch. Milton Pinsky and Elizabeth Pinsky own property adjacent to Goldsmiths' property...

Excerpt: ...d property which abuts Tollis Avenue. Both parcels are accessed from Tollis Avenue by a common driveway. The area slopes southward down toward Tollis Avenue, and the upper parcel acquired by Lighthouse Trust has ocean views. Each property is improved with a single family residence with attached garage. Lighthouse Trust seeks to merge the two parcels into one 2.12 acre parcel, to demolish the existing residences and other structures, and to constr...

Excerpt: ...) on behalf of herself and her son, plaintiff Santo Massine (“Massine”), a minor. Defendant is Janet Berschneider aka Jenna Berg (“Berg”) acting individually and as Trustee of the Berg Family Trust. Berg is the owner of real property located at 322 East Arrellaga Street, Santa Barbara, California 93101, where plaintiffs lived from February 2017 to July 2017. In October 2018, the parties settled the action, with defendant agreeing to pay $...

Excerpt: ...g and Associates, LLC (Company or LAALLC) from entering into agreements to sell their respective membership interests and to compel those members to sell their interests to Shumake under the terms of the Company's Operating Agreement. The motion is opposed by the defendants. (Note: The moving papers do not include electronic bookmarks for exhibits as required by Rules of Court, rule 3.1110(f)(4). The exhibits are not consecutively paginated in vi...

Excerpt: ...: As alleged in the complaint of plaintiff James Lewis: Plaintiff is the owner of real property located at 4631 Gerona Way, Santa Barbara (the Premises). (Complaint, ¶¶ 1-4.) On May 14, 2018, plaintiff entered into an unspecified tenancy with defendant Stephen M. Lewis by a written agreement. (Complaint, ¶ 6.) The complaint does not check any boxes in paragraph 6a(1), (2), or (3) identifying the type of tenancy. On March 14, 2019, a 30-day not...

Excerpt: ...d their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1750 et seq.); (2) violation of California Fair Advertising Law (“FAL” – B&P Code §§ 17500 et seq.); and, (3) violation of California Unfair Competition Law (“UCL” – B&P Code §§ 17200 et seq.). On July 23, 2018, after the co...

Excerpt: ...ez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00378 (Probate Case). (Complaint, ¶ 5.) On March 23, 2017, a Notice of Proposed Action was filed in the ...

Excerpt: ...he matters identified by the court. The court grants plaintiff leave to amend the complaint, if so desired, with an amended complaint to be filed on or before June 21, 2019. Background: On September 14, 2018, plaintiff Kim Ham filed her complaint in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Co...

Excerpt: ...C (BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would...

Excerpt: ...al complaint in this action against defendants Barbara Kellner, Welterlen- Kellner, Inc., and Paw Asset Management, LLC. (Welterlen-Kellner, Inc., and Paw Asset Management, LLC, are referred to herein as the “entity defendants.”) On October 13, 2016, plaintiff Lisa Sands filed her original complaint in case number 16CV04593 against the same defendants. On October 17, 2016, the Etz plaintiffs filed their first amended complaint in this action....

Excerpt: ...(BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would c...

Excerpt: ...0 days of the date of this order. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101. The residential property is owned by defendant Janet Berschneider aka Jenna Berg acting individually and ...

Excerpt: ... is granted. Background: On June 25, 2018, plaintiff Charles Franzen, by and through his guardian ad litem, Michael Franzen, filed his original complaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an infusion port removal surgical procedure on plaintiff Charles Fran...

Excerpt: ...r, motion to strike, and motion to quash, was dismissed without prejudice on January 28, 2019. In the current action, a First Amended Complaint (FAC) was filed on April 15, 2019, to correct the defect in the original complaint, which impermissibly been filed without having been verified. The FAC alleged that the parties entered into a written agreement under which defendant was to pay $2,900/month for a period of 5 years. It alleged further that ...

Excerpt: ...filed their putative class action complaint against defendant Ken's Foods, Inc., alleging causes of action for (1) violation of the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), (2) violation of the California False Advertising Law (Bus. & Prof. Code §17500 et seq.), and (3) violation of the California Unfair Competition Law (Bus & Prof. Code §17200 et seq.) Plaintiffs allege that they purchased a variety of salad dressing...

Excerpt: ...d the sheriff attempt service at a large complex of numerous businesses and the sheriff sought more direction. Plaintiff then had the sheriff attempt service at defendant's residence on three occasions on November 14, 15, and 16, 2017, between 1:40 p.m. and 2:50 p.m. On April 11, 2017, the court entered an order for publication of summons. Notice was published in the Montecito Journal. Plaintiff requested and the court entered defendant's default...

Excerpt: ..., 4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Def...

Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...

Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...

Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage 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...

Excerpt: ...nt in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00338 (Probate Case). (Complaint,...

Excerpt: ...mplaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...

Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...

Excerpt: ...ecting the parties to complete the deposition of Milton Grajeda. To the extent the motion seeks monetary sanctions, it is granted in the amount of $900, constituting the attorneys' fees incurred by 530 Anapamu to oppose plaintiffs' unsuccessful ex parte application to compel further discovery responses. Background: On July 24, 2014, plaintiffs Mary Kadak, Milton Grajeda, Mardoqueo Grajeda, Rufina Grajeda, Analise Grajeda, and Brandon Grajeda file...

Excerpt: ...dividually and as trustees for the Najera Trust UDT 3/6/2000, and Dan Najera filed their complaint for negligence, trespass, nuisance, and assault against defendants Leslie Kay Cavanagh and Rudolph Collaso. Plaintiffs allege that, on June 4, 2015, Collaso, Cavanagh's employee and tenant, threatened Dan Najera with an axe and caused substantial damage to the property of Arthur and Barbara Najera. On February 25, 2019, defendant Collaso, who is cur...

Excerpt: ... to Seal Documents Filed Conditionally Under Seal in Connection with Plaintiff's Motion for Catalyst Fees and Expenses and makes the limited sealing order discussed below. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Cod...

Excerpt: ...4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Defen...

Excerpt: ...cident. Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to comp...

Excerpt: ... 2019. BACKGROUND: In April 2017, plaintiff Carla Jonasson began working for defendant James Gelb as a personal assistant and housekeeper. In exchange for plaintiff's services, defendant provided room and board to plaintiff and her two children in his house, but no salary. Plaintiff's duties usually began around 8:30 a.m. and often continued to 9:00 or 10:00 p.m. Plaintiff was required to clean defendant's house, do his laundry, prepare his food,...

Excerpt: ... (2) For the reasons set forth herein, hearing on the motion of plaintiff Cinthya Saavedra for approval of the PAGA settlement will be continued to the date of the hearing on the final approval of the class action settlement, which date is to be determined at the hearing of these motions. Background: Defendant Cliff View Terrace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzi...

Excerpt: ...pleading defects. Background: Plaintiff's complaint, filed on June 28, 2018, alleges causes of action for negligence, breach of the warranty of habitability, and nuisance, based upon allegations that she sustained personal injury and property damage from mold which grew in her rental property. She names as defendants John W. Seedorf, Enid K. Seedorf, Seedorf Family Trust, Sierra Properties, Nancy Kaller, and Mariella Stockmal. The defendants are ...

Excerpt: ...in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage 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 ...

Excerpt: ...s scheduled for March 20 and trial for March 22. Motion: Wollman moves for summary judgment on the ground that Jezek has waived termination of the tenancy by accepting money orders for rent in the amount of $1,500 on February 12 or 13, 2019. Under the rental agreement, rent is due on the 12th of each month. The February 12 rent payment was for rent through March 11, which is beyond the date of termination of the tenancy. In an unlawful detainer a...

Excerpt: ...at 9:30 a.m., in this department, why each of these cases should not be re-transferred forthwith to the Small Claims Court. Background: Defendant Meister & Nunes, P.C. (Meister) is owned by Shelley Nunes. On November 9, 2018, it filed separate actions in Small Claims Court based upon separate debts owed to it for tax services performed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon it...

Excerpt: ...ately resulted in his arrest for resisting an officer, and he contends that Santa Barbara Sheriff's Department Deputy Colbin Spears (actually Derek Spears) used excessive force in effecting the arrest, causing him great pain and injury. The next day, he filed a FAC alleging 5 causes of action, including assault, battery, false arrest, imprisonment, negligence, intentional infliction of emotional distress, and violation of 42 U.S.C., § 1983. At a...

Excerpt: ...be an exhaustive recitation of the background of this proceeding, and is set forth only to provide a basis for understanding the issues raised by the petition. To the extent that additional facts not contained herein prove relevant to the Court's analysis, they will be discussed in the Court's analysis of the issues.] This proceeding was filed after the California Coastal Commission, on de novo appeal from the County's grant of a Coastal Developm...

Excerpt: ...H ICON's counsel granted an extension for Ike's Place to answer until March 4. Ike's Place filed an answer on that date. (SH ICON says it was not filed then but court records reflect that it was.) On January 30, 2019, Ike's Place filed a verified complaint for breach of contract and fraud against SH ICON (Case No. 19CV00530). Ike's Place alleges that it exercised a termination option in its initial lease. Ike's Place further alleges that it agree...

Excerpt: ... appear for a neurological IME with Dr. Ludwig on or before April 25, 2019, is granted. Defendant is awarded monetary sanctions against plaintiffs and their attorneys, jointly and severally, in the sum of $3,800.00. BACKGROUND: This is an action for personal injuries stemming from an automobile versus two pedestrian accident. On January 23, 2017, at approximately 6:30 p.m., plaintiffs Michael Hines (“Michael”) and Marlene Hines (“Marlene”...

Excerpt: ...plaintiff Roy E. Stephenson alleges that he was defrauded into purchasing a 2011 Porsche 911 Carrera S Cabriolet from defendant Desert European Motorcars, Ltd. (“DEM”), believing that it was new when it was not. The SAC alleges that DEM and defendant Porsche Cars North America, Inc. (“PCNA”) conspired to defraud plaintiff and that defendants filed fraudulent registration and title documents with the California Department of Motor Vehicles...

Excerpt: ...al Release (“SA”) resolving their disputes in this action. On April 25, 2018, the parties jointly requested dismissal of the entire action, and the court entered dismissal of the action with prejudice. The request for dismissal and the SA provide that the court is to retain jurisdiction to enforce the terms of the SA pursuant to CCP § 664.6. The pertinent terms of the SA are: 1. The parties would execute an Amended and Restated Roadway Easem...

Excerpt: ...le as new when it had been extensively used as a dealer “demo” car and seeks damages against DEM and its employees based upon the misrepresentation. On January 11, 2019, after ruling on plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, granting the motion as to eight responses and denying the motion as to 22 responses, the court stated: “The Court has already ruled on a least five discovery motions and two ...

Excerpt: ...e order. If the conditions set forth herein are not acceptable to the parties, then the third amended petition is denied without prejudice. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101....

Excerpt: ... complying with the Code of Civil Procedure on or before March 11, 2019. All requests for an award of monetary sanctions are denied. The motions are in all other respects denied as moot. Background: On April 2, 2018, plaintiffs Erikka Skinner and Ann Kenney filed their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (Civ. Code...

Excerpt: ...nd: The petition for writ of mandate filed by petitioner John Doe (John) on October 27, 2016, arose from the eight quarter (2 year) suspension imposed upon him by the Regents of the University of California (Regents), after a two- member Committee conducted a hearing to determine if John, then an undergraduate senior at the University of California at Santa Barbara (UCSB) had on June 26, 2015, sexually assaulted Jane Roe (Jane), also a UCSB under...

Excerpt: ... 6530 Seville Road, Goleta, California 93117, to defendant Ike's Place #9, LLC for operation of a retail sandwich shop. The initial lease term was for ten years with a base rent of $5,614.50 per month, plus operating expenses. In July 2018, the lease agreement was amended, effective January 1, 2018, to provide for a gross rent of $5,600.00 per month. Plaintiff contends that defendant breached the lease agreement and on December 13, 2018, defendan...

Excerpt: ...ore for unlawful detainer. The complaint alleges that Moore was hired by Davis to be Davis's personal assistant which employment included as part of its compensation occupation of a portion Davis's home located at 852 Chelham Way, Santa Barbara (the Premises). (Complaint, attachment 6a.) The contract of employment was ended by Davis on July 1, 2018. (Ibid.) Thereafter, Davis requested that Moore move out of the Premises, but Moore refused. (Ibid....

Excerpt: ...ormed for separate entities. The cases included: (1) 18CV05547, against Filippini Financial Group, Inc., based upon its failure to pay $300 for tax services performed for the 2015 tax year; (2) 18CV05548, against Filippini Wealth Management, Inc., based upon its failure to pay $1,300 for payroll and tax services performed related to the 2015 and 2017 tax years; (3) 18CV05551, against Iaian Filippini, based upon his failure to pay $200 for tax ser...

Excerpt: ...leta, California 93117 to defendant Deborah Lloyd for $3,000.00 per month. Defendant subsequently defaulted in the payment of rent and on January 10, 2019, she was served with a 3-day notice to pay rent or quit. As of the date of the notice, the amount of rent due and owing was $21,000.00. Defendant failed to cure the default and on January 16, 2019, plaintiff filed his verified complaint for unlawful detainer. Defendant did not deny any of the a...

Excerpt: ...d. BACKGROUND: This is an insurance coverage dispute involving three insurance companies, plaintiff Western World Insurance Company (“Western”) and defendants Associated Industries Insurance Company, Inc. (“Associated”) and Federal Insurance Company (“Federal”). The complaint arises from an underlying wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et al., Santa Barbara Superior Court Case No. 15...

Excerpt: ... vehicle driven by defendant Kimberly Mast, and owned by Derek Mast, Kimberly Mast's husband. Henry sustained serious injuries to his right foot and ankle in the incident, including third- degree burns. His injuries were evaluated and treated at Goleta Valley Cottage Hospital on that day. Henry later underwent skin grafting to his right foot and ankle, performed on September 29, 2014, at Children's Hospital Los Angeles. While Henry's injuries hav...

Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...