Excerpt: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...

Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....

Excerpt: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...

Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...

Excerpt: ... award. The petition noted that the matter had been arbitrated before Eric Berg, Esq. on November 5, 2019, and that an arbitration award in the amount of $8,023 was made on December 3, 2019, requiring the client (Lomeli) to pay that amount to the other party. The award also provided for the payment of interest. A copy of the award was attached to the petition. The petition alleges that the award is binding because more than 30 days passed since n...

Excerpt: ...nd: On February 9, 2021, defendant Donald Watson served, by electronic service, plaintiff Gregg Patronyk with Watson's first sets of special interrogatories (SI), form interrogatories (FI), and requests for production of documents (RFP). (Watson decl. re SI, ¶ 2 & exhibit A; Watson decl. re FI, ¶ 2 & exhibit A; Watson decl. re RFP, ¶ 2 & exhibit A.) No responses were received by Watson to these discovery requests. (Watson decl. re SI, ¶ 3; Wa...

Excerpt: ...n or before August 27, 2021. Background: As alleged in plaintiff's first amended complaint (FAC): On September 4, 2018, at approximately 4:00 p.m., City of San Buenaventura (City of Ventura) police officers, defendants Derek Donswyk and Rebecca Kofman (VPD Officers) were traveling southbound on US 101 in the City of Santa Barbara. (FAC, ¶ 25.) VPD Officers were returning to their jurisdiction after having dropped a prisoner at a location outside...

Excerpt: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...

Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...

Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...

Excerpt: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...

Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...

Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...

Excerpt: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...

Excerpt: ... verification and another seeking participation in a duly-noticed deposition. For the reasons which follow, the motions are GRANTED in part. Sitting for a Deposition Service of a notice of deposition is effective to require a party or party-affiliated witness to attend and to testify. CCP §2025.280. A party may serve written objection to the deposition notice based upon an “error or irregularity” under Article 2 of the Code. CCP §2025.410. ...

Excerpt: ... for breach of the written lease agreement. Before the Court this day are two defense motions seeking further responses to discovery aimed at plaintiffs' financial position. The premise behind the discovery is twofold: first, that plaintiff never had the financial wherewithal to meet its lease obligations or acquire a lucrative dental practice; and second, that plaintiff was making money through side businesses and as such fully mitigated any los...

Excerpt: ...low, the arbitration clauses cannot be enforced against a nonsignatory, and even if they could the arbitration clauses are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, an...

Excerpt: ...-defendant Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994, is denied. BACKGROUND: This action concerns a lawful commercial cannabis business. Plaintiff is Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994 (“Shumake”). Defendants are Louis Armstrong and Associates, LLC (“LAA”), Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Mic...

Excerpt: ...choose to file an amended complaint, plaintiffs shall file and serve their third amended complaint on or before August 2, 2021. (2) The motion of defendants Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., to strike portions of plaintiffs' second amended complaint is granted, without leave to amend, to strike (1) paragraphs 72 to 74 as to personal injury claims of the fifth cause of action by Aus...

Excerpt: ...y pertinent, plaintiff lost that wrongful death case and suffered an adverse judgment in the amount of $20M. Plaintiff then sued her lawyer, contending in general that he failed to faithfully represent, and eventually abandoned, her in that action. Before the Court this day is plaintiff's motion to compel a further response to her RPD. For the reasons which follow, the motion is continued for further meet and confer efforts, and additional limite...

Excerpt: ...t forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee's Deed U...

Excerpt: ...ase. Plaintiff California Lutheran Homes is the owner and lessor of premises located at 3883 La Cumbre Plaza Lane, Santa Barbara, California 93105. Defendant Daketta La Cumbre, LLC is the lessee of the premises. Plaintiff and defendant are both successors-in-interest to the original parties to the ground lease. The ground lease is for 50 years, with a commencement date of October 7, 1985 and an expiration date of October 6, 2035. The original mon...

Excerpt: ...t 26, 2021. Triad Aviation shall file and serve its reply to the further supplemental opposition on or before September 2, 2021. Background: In these consolidated actions, plaintiffs assert claims of negligence and products liability arising out of a helicopter crash in Santa Barbara on May 5, 2017. On March 26, 2019, plaintiff Turner Conrad filed his original complaint in Los Angeles County Superior Court (the Los Angeles Action). On April 26, 2...

Excerpt: ... are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, and equipment located within” (hereinafter referred to as the “Vacation Property”). The salient terms of the lease...

Excerpt: ...n of this action, upon the filing of a further appropriate motion for award of attorneys' fees. Motion: Plaintiff Nicole Nagel was successful in obtaining a reversal on appeal of the trial court's order dismissing the fraudulent transfer and conspiracy action, after it granted a motion for judgment on the pleadings. As a judgment creditor, she now seeks attorneys' fees incurred on appeal against all defendants except judgment debtors Tracy A. Wes...

Excerpt: ...order regarding her upcoming deposition. As will be explained, the motion is premature, and as such the only relief which could be awarded would be the appointment of a limited purpose referee to officiate the deposition. While it seems this would be an ideal solution, without a stipulation, the evidence presented does not rise to that level. Pertinent Factual Background On 10/29/17, plaintiff commenced the within civil with a 35-page complaint n...

Excerpt: ...osition of abandoned belongings. Before the Court this day are two discovery motions by plaintiff. The gravamen of the current dispute, which is ongoing from prior disputes, is what to make of defendant's “random sampling” of tenant files (volunteered to avoid a wholesale disclosure) in light of defendant's refusal to commit to its representativeness. While this Court can certainly understand defendant's reluctance, the proffer of a sampling ...

Excerpt: ...laint is denied. BACKGROUND: This action arises out of a failed personal and business relationship between plaintiff Kenneth W. Sterling and defendant Stephanie Liu. Plaintiff and defendant first met in August 2018, when plaintiff, a divorcee, was 52 and defendant was 28. Plaintiff is the owner of Big Speak, Inc., a California corporation engaged in the business of providing speakers and leadership training to large companies. Plaintiff is also a...

Excerpt: ...osian. Defendant is the Goleta Union School District (“GUSD”). On November 7, 2019, plaintiff was visiting her grandson at Kellogg Elementary School (“Kellogg”), located at 475 N. Cambridge Drive, Goleta, California 93117, when she stepped into an open trench with no protective barrier near the bike rack and fell, fracturing her left ankle. On November 8, 2019, plaintiff submitted an injury report to GUSD. On May 7, 2020, plaintiff submit...

Excerpt: ...e followed immediately, as appropriate, with a second phase of trial to address the remaining issue of alter ego liability. Background: Plaintiff Russell Steiner, Trustee of the R. C. Steiner Living Trust dated April 14, 2009, (Steiner) is a SantaBarbara resident. Defendant Tenpenny Construction Company, Inc. (TCC) is a general building contractor.Defendant Donald Stanley Tenpenny (Tenpenny) is the Chief Executive Officer and President of TCC. On...

Excerpt: ...owned residential property at 550 Paso Robles Drive, in Santa Barbara, and have access to that property from Paso Robles Drive. To the rear of their property is a roadway owned by defendant Westmont (Road Parcel), which provides multiple properties with access to Stoddard Lane, including some which have Stoddard Lane addresses. In 2006, the DiBartolomeos were granted an easement over the Road Parcel by Westmont, in order to access the rear of the...

Excerpt: ...e Code section 11711. It alleges that as a condition of obtaining a license form the California DMV to sell vehicles, DEM was required by Vehicle Code section 11710 to obtain, and did obtain, a surety bond in the amount of $50,000 from CorePointe Insurance LLC dba CorePointe Insurance Company (CorePointe). CorePointe issued Dealer Surety Bond No. 60041, effective 2/5/13, to DEM, and this surety bond was in effect on the date of the incidents alle...

Excerpt: ...kground: Petitioners Jack Wall and Wall Family Trust are the owners of a 101.95-acre parcel of real property within Hollister Ranch and identified as Hollister Ranch Parcel 36 (APN 083-670-011) (the Property) in Santa Barbara County. (Administrative Record [AR] 3 [the point citation reference is to the AR page number with leading zeros omitted].) (Note: The exact designation of ownership is not specified in the moving papers. The Wall Family Trus...

Excerpt: ...njunctive relief is granted. BACKGROUND: This is an action for alleged conversion of funds. Plaintiffs are Mark Schaub and his limited liability company, TLG Ltd. Defendants are Andrew Waters and his limited liability company, FCP Corporate Ltd. Schaub and Waters are long-time friends and business associates. In July 2019, approximately $1.9 million in funds belonging to plaintiffs were transferred to two separate accounts controlled by defendant...

Excerpt: ...On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the original complaint alleged that he formerly was an owner of the property at 6653 Del Playa Drive, and that he (along with other defendants alleged to have been, at various times, owners of that property) caused to be built, installed, repaired, maintained, a...

Excerpt: ...t) filed its petition for workplace violence restraining orders pursuant to Code of Civil Procedure section 527.8 against respondent Amanda Rowan. (Note: District's name as set forth in paragraph 1a of the petition contains a typographic error omitting the letter “a” from the word “Elementary,” which error has been carried over into the title of the case in documents filed with the court.) Rowan is a parent of a student at District's scho...

Excerpt: ...od and Andra A. Macleod (plaintiffs) allege that on July 12, 2019, they applied for a conventional adjustable-rate refinance first-lien position mortgage loan in the principal amount of $1,125,000 in order to consolidate some of their existing debt, and provide a substantial amount of cash-out. They allege that they were misled by a bait-and-switch tactic used by defendants North Capital Mortgage (North Capital) and Ajay Khatri (Khatri), and rece...

Excerpt: ... and constructive discharge from employment. Plaintiff is Chelsea Herzog. Defendants are plaintiff's former employer, NuSil Technology, Inc. and her former supervisor, Michal Wadsworth. On January 19, 2021, plaintiff brought a motion to compel NuSil's Person Most Knowledgeable, Carrie Flood, to submit to a third deposition session, claiming that Ms. Flood was not prepared to testify on the issues for which she was designated and did not produce d...

Excerpt: ...nded complaint, she may do so on or before June 4, 2021. Background: On April 6, 2018, plaintiff Lynn Behrens Zimmerman, individually and as executor of the estate of Clarke Paxton, filed her original complaint in this action. The complaint asserts eleven causes of action: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. § 1692f(6)); (4) wrongful foreclosure; (5) violation of the Californ...

Excerpt: ...erence is scheduled simultaneously with the hearing on this motion, and the parties should be prepared to discuss the time necessary to conclude all remaining discovery and possible trial dates for the easement related issues. No award of costs of defense of the new claims will be made. Background: Plaintiff Arthur Joseph LaCerte Survivor's Trust dated July 11, 2018 (Trust), through Cotrustees Arthur Joseph Lacerte and Dominique R. Lacerte (the L...

Excerpt: ...tion about those in the gym's control group. Plaintiff's motion to compel from defendant Banos disclosure of his home address is GRANTED in part. This Court finds that, on balance, plaintiff's interest in the information outweighs defendant's privacy interests therein, but that the information must be provided “off the record” as defense counsel offered within 20 days. Sanctions are denied. Plaintiff's motion for further responses to SRogs No...

Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...

Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...

Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...

Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...

Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...

Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...

Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...

Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...

Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...