Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...

Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...

Excerpt: ... issues set forth herein together with this order and notice of continuance of the hearing on the order to show cause. Judgment debtor shall file and serve any opposition or response papers on or before August 24, 2018. Background: On May 2, 2005, plaintiff and judgment creditor Douglas J. Crawford obtained a judgment by default against defendant and judgment debtor Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgm...

Excerpt: ...red and Revised as of 2/5/18 and orders petitioner John Doe reinstated at the University of California, Santa Barbara, effective Fall Quarter of the 2018-2019 academic year. Respondent shall facilitate Doe's enrollment and scheduling of classes. Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accus...

Excerpt: ...red into a written commercial lease agreement with defendants Sophan Thai and Roy Walker for premises located at 1013 State Street, Santa Barbara, California 93101. The intended use of the premises was as a beauty salon. The tenancy was for five years and the agreed upon rent was $7,400.00 per month, payable on the first of the month. Defendants frequently failed to pay the rent on time, or at all, and on March 14, 2018, plaintiff personally serv...

Excerpt: ...ret and other confidential commercial information only. Counsel shall comply with CRC 3.1312 in serving and submitting the proposed order. 2. The court grants, in part, plaintiff Maribel Barrios's motion to compel further verified responses from defendant Gerber Funes Solorzano to Form Interrogatories, Set One, and orders that defendant Gerber Funes Solorzano shall, on or before August 13, 2018, provide further responses to Form Interrogatories 2...

Excerpt: ... BACKGROUND: In this action, plaintiff Buynak, Fauver, Archbald & Spray, LLP (“BFAS”) seeks to recover legal fees allegedly owed by defendants Richard Laver and Michelle Laver (“Lavers”) and their company, defendant Kate Farms, Inc. (“Kate Farms”), for legal services provided in connection with various business matters. The operative complaint is plaintiff's Second Amended Complaint (“SAC”), filed on November 30, 2017. After a suc...

Excerpt: ...ublic, and all others similarly situated, a complaint for violation of California consumer protection statutes (Civil Code §§ 1749.5 and 1750; B&P Code ¶ 17200) and for declaratory relief against defendant Aveda Experience Centers, Inc. (“Aveda”). Plaintiff alleges: She had a gift card issued by Aveda. After using the card, the balance was less than $10.00. Aveda denied plaintiff the cash balance in violation of Civil Code § 1749.5(b)(2)....

Excerpt: ... ¶ 8.) RPP accepted credit and debit cards from customers who made and make purchases at its restaurants. (Complaint, ¶ 9.) On September 30, 2017, plaintiff Douglas May used a credit card to make purchases at a RPP pizza restaurant. (Complaint, ¶ 10.) The expiration date of May's credit card was printed on the receipts generated and provided to May by RPP at the point of sale. (Complaint, ¶ 10.) RPP has printed the expiration dates of credit ...

Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...

Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...

Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...

Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...

Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...

Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...

Excerpt: ...olation of the court's Judgment Granting Petition for Writ of Administrative Mandate and make such orders as are necessary for complete enforcement of the writ. The court sets a hearing on the order to show cause for August 10, 2018, at 9:30 a.m. Respondent shall file and serve a return to this order to show cause on or before July 27 and petitioner may file and serve a response on or before August 3, 2018. The court encourages both parties to ad...

Excerpt: ... and Wash, Inc., if the documents have not already been produced, is granted as set forth herein. Plaintiff's request for a supplemental privilege log is denied. Plaintiff's request for monetary sanctions is denied. BACKGROUND: This case concerns a business dispute. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company with its principal place of business in Santa Barbara, California. Patrick Nesbitt is the fou...

Excerpt: ...irst Amended Complaint (FAC) on October 21, 2016. The FAC seeks damages of $159,486.43 against Chamness for various breaches of contract, including (1) failure to pay annual base rent increases, (2) failure to repair damage to the leasehold premises, including damage to the parking lot surface and sub-surface through use of heavy trucks and machinery; damage to the electrical system, in the form of the failure to restore the 200 Amp electrical pa...

Excerpt: ...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 each purchased a variety of salad dressing manufactured and sold by defendant Ken's Foods, Inc., based upon labels which stated that the dressings were made with olive oil. Specifically, the labels identif...

Excerpt: ...00 mortgage loan from Washington Mutual Bank, F.A., which was memorialized by a note and secured by a deed of trust on real property located at 1200 Palomino Road, Santa Barbara, California 93105. (RJN, Ex. 2.) The note and deed of trust were subsequently assigned to plaintiff LPP Mortgage, Inc. fka LPP Mortgage, Ltd. (“LPP”). (RJN, Exs. 2, 3.) In 2011, Gates defaulted on his loan payments and LPP initiated nonjudicial foreclosure proceedings...

Excerpt: ...e their second amended complaint on or before July 23, 2018. (2) For the reasons set forth herein, the motion of defendants Skip Abed and Blue Water Boating, Inc., to strike portions of the first amended complaint is denied. (3) For the reasons set forth herein, the alternative motion of defendants Skip Abed and Blue Water Boating, Inc., to stay this action is denied. Background: As alleged in the first amended complaint (FAC): Defendant City of ...

Excerpt: ...ons against Health Net in the sum of $1,575.00, which shall be paid within ten days of the date of this order. BACKGROUND: This is an action for personal injuries arising out of a trip and fall incident that occurred on August 5, 2016 at Dock A at Lake Cachuma in Santa Barbara County. Plaintiff Rebeca Ziemniak alleges that she was walking on the dock when she fell into an open hatch or access portal and sustained serious injuries. Plaintiff alleg...

Excerpt: ...nsel are to review the documents and, for each responsive document received, either produce the document to defendants' counsel (in whole or as redacted) or produce a detailed privilege log as to all documents (or parts thereof) not produced sufficient for the parties to the discuss the need or usefulness of the document (or redacted part thereof) to the issues in this case and the privacy interests of the document (or redacted part thereof). All...

Excerpt: ...lleged in the complaint: Plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda are employed by defendant Regents of the University of California (Regents) at its Santa Barbara campus. (Complaint, ¶ 8.) In March 2014, Regents hired defendant Stephen Klock as a superintendent. (Complaint, ¶¶ 9-10.) Klock continually and severely harassed plaintiffs with the intent to injure them and...

Excerpt: ...alleged in the original complaint: Plaintiff Ziyad Ballat alleges an oral, week-to-week tenancy in real property located at 5310 Carpinteria Avenue, Apartment 1, Carpinteria (the Premises) with defendant Miguel Luis Cruz. (Complaint, ¶ 6.) A 7-day notice to quit was served on Cruz on April 24, 2018. (Complaint, ¶ 7a(6).) The notice states in relevant part: “You are hereby notified that pursuant to Civil Code § 1946, your tenancy is terminate...

Excerpt: ...r and Helm filed a cross-complaint against Roberts, individually and as trustee of the Karen M. Roberts Living Trust and then a first amended cross-complaint, adding Village Properties as a cross-defendant. The operative cross-complaint is the second amended cross-complaint, to which the court sustained Village Properties' demurrer to the first four causes of action. Roberts filed a cross-complaint for implied equitable indemnity, and breach of f...

Excerpt: ...o property located in Santa Barbara. Defendants were ultimately served by publication, and their default was entered when they failed to respond. A default judgment in the amount of $46,828.85 was entered by the court on February 23, 2017. On October 20, 2017, plaintiff assigned the judgment to Andrew Larson, d.b.a. HCR Beverly Hills. Also on that date, judgment assignee Larson filed a Declaration of Accrued interest, seeking an additional $2,155...

Excerpt: ...ar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc. (“Hillpointe”), a painting and power wash company, when he suffered fatal injuries after falling through a skylight on the roof of a commercial building located at 7406 Hollister Avenue, Goleta, California. The skylight allegedly lacked any barriers or warning signs. Hillpointe did not carry workers' compensation insurance at the time o...

Excerpt: ...thia Fuentes's motion to vacate dismissal in this case and for return of security deposit, statutory penalty, and damages on illegal unit, or alternatively to enforce settlement agreement pursuant to CCP § 664.6. This case is now a limited civil action. The parties shall file any amended pleadings or cross- claims on or before June 25, 2018. At the hearing on this motion, the court will set a case management conference. Background: This case was...

Excerpt: ... Further Responses to Form Interrogatories, Set One; (2) Defendant's Motion to Compel Plaintiff Eric P. Hvolboll to Provide Further Responses to Requests for Production, Set One; (3) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Form Interrogatories, Set One; and (4) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Requests for Production, Set One ATTORNEYS: ...

Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...

Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...

Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...

Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...

Excerpt: ... he obtained the levy in the first place, or which would refute the claimant's evidence that her marriage to defendant Robert James Dahl terminated 13 year prior to the indebtedness he incurred that gave rise to this action. ...

Excerpt: ...reditor for an order charging judgment debtor's interest in Little Lucia, LLC, is granted. Background: On May 2, 2005, plaintiff Douglas J. Crawford obtained a judgment by default against defendant Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgment creditor Crawford renewed the judgment in the renewed unsatisfied amount of $149,894.00. On April 26, 2018, Crawford filed motions for: (1) an order for Haaland to tur...

Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...

Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...

Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...

Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...

Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...

Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...

Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...

Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...

Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...

Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...

Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...

Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...

Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...

Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...

Excerpt: ...st amended complaint without leave to amend. The court overrules the demurrer in all other respects. These defendants shall file their answer to the remaining causes of action asserted against them in the first amended complaint on or before May 29, 2018. 2. The court sustains defendant Indigo European Motorcars, LLC's demurrer to the sixth and ninth causes of action in plaintiff Roy E. Stephenson's first amended complaint without leave to amend....

Excerpt: ...s overruled. Cross- complainant shall file and serve its second amended cross-complaint on or before June 4, 2018. Background: Cross-complainant Alternative Beauty Services Ltd. (ABS or Alternative) (erroneously sued as Alternative Beauty LTD) is a top distributor of fine beauty products in Ontario, Canada. (First Amended Cross-Complaint [FACC], ¶ 2.) Cross- defendant Olaplex, LLC (Olaplex) was formed in early 2014 and launched its family of pro...