Excerpt: ...this action. As alleged in the complaint, on March 31, 2017, plaintiff Stephen Duneier was a patient under the care of William C. Koonce, M.D. (as well as other named but now dismissed defendants) when he suffered injury and damages due to the negligence of defendants through their diagnosis, treatment and care. (For purposes of this ruling, and for ease of reference, and not out of disrespect to plaintiffs, plaintiff Stephen Duneier will be refe...

Excerpt: .... Hilf Company LLC (“Hilf LLC”) and Peter F. Hilf (“Hilf”) filed a complaint for money damages and injunctive relief, alleging eight causes of action for (1) intentional trespass to timber, (2) negligent trespass to timber, (3) intentional trespass, (4) negligent trespass, (5) negligence, (6) conversion, (7) trespass to chattels, and (8) elder financial abuse. As alleged in the complaint, on March 14, 1989, Hilf acquired a fee simple inte...

Excerpt: ...n and proposed order to approve a settlement agreement. A copy of the settlement agreement was attached to the stipulation as Exhibit A. On the same date, the Court entered its order approving the settlement agreement and retaining jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. Under the terms of the settlement agreement, defendant Mark Romasanta agreed to continue to administer decedent's estate. Robert Tray...

Excerpt: ...t on or about October 30, 2016, and which defendant used. Plaintiff's complaint, filed October 31, 2019, alleges that defendant breached the agreement on or about April 4, 2019, by failing to remit any further payments on the credit card account. The complaint alleges causes of action for breach of contract and common counts (money lent, money paid, open book account, and account stated), and seeks damages of $6,160.67, and attorneys' fees. The c...

Excerpt: ...mmon Counts: Book Account, Account Stated and (2) Quantum Meruit – Reasonable Value, against defendants Derek P Sieber, aka Derek Paul Sieber, aka Derek Sieber, an individual (“Sieber”) and California Trike Company, LLC (“Trike”) seeking to recover the amount of $8,742.48 as a balance due from Sieber and Trike in connection with a credit card issued to Sieber. On June 9, 2020, a stipulation for conditional entry of judgment was filed pu...

Excerpt: ...two, request Nos. 11 and 16, on or before June 13, 2022. Background: In its operative pleading, the first amended complaint (FAC), plaintiff DAIVID Pty Ltd. (DAIVID) asserts six causes of action against defendant Deep AI, Inc. (Deep AI): (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) promissory estoppel; (4) misrepresentation; (5) conversion; and (6) trespass to chattels. The complaint arises from allegatio...

Excerpt: ...rivilege, on or before June 13, 2022. As to any information or document withheld on the grounds of privilege, FCP Corporate Ltd. shall concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the amount of $6,500.00 in favor of plaintiff Mark Schaub and against defendant FCP Corporate L...

Excerpt: ... property located at 3630 San Jose Lane, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) The Premises consist of both a main house and detached guest unit. (Complaint, attachment 17.) Defendants Marshall Pagaling and Libby Holland entered into a written lease agreement to rent the Premises. (Complaint, ¶ 6 & exhibit 1.) The lease identifies Andrea Hamlett and Brian Turbey both as “Landlord.” (Complaint, exhibit 1, p. 1.) When the de...

Excerpt: ...iner against defendants Zaria Robinson and Grace Harris. The complaint alleges that plaintiff is the owner of premises located at 301 La Casa Brande Circle, Unit A, Goleta, 93117, and rented the premises to defendants pursuant to an oral agreement entered into on October 1, 2021. The complaint alleges that defendants were served with a 3-day Notice to Pay Rent or Quit. Plaintiff's Mandatory Cover Sheet and Supplement Allegations filed concurrentl...

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

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ...porations Code section 17711.06. (Petition, p. 4.) (Note: The Petition does not number its lines and does not include pagination in violation of California Rules of Court, rules 2.108(1), (4) and 2.109.) ““If the limited liability company denies that a membership interest is a dissenting interest, or the limited liability company and a dissenting member fail to agree upon the fair market value of a dissenting interest, then the member or any ...

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

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

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

Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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