Excerpt: ...filing of their motion to strike and/or tax costs and grants their motion to strike and/or tax defendants Adi Kazali, Santy Kazali, and Harry Kazali's memorandum of costs. 3. The court denies defendants Adi Kazali, Santy Kazali, and Harry Kazali's motion for attorney's fees under CCP § 128.5. The court orders defendants Adi Kazali, Santy Kazali, and Harry Kazali to pay plaintiffs' attorney, Brendan Patrick Maloney, expenses and attorney's fees t...

Excerpt: ...d and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. On November 8, 2018, Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross-complaint against Wasito and Soenjoto (served on August 28, 2018) and, on December 21, 2018, filed a first amended cross- complaint (FACC) for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and negligent misrepresentati...

Excerpt: ...sociates. Plaintiff alleges that when he vacated the premises, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. Plaintiff filed his complaint on March 20, 2015, and his first amended complaint on July 8, 2015. The complaint was brought as a class action and alleges causes of action for (1) declaratory and injunctive relief, (...

Excerpt: ... asserts five causes of action against defendant St. George & Associates (St. George): (1) declaratory and injunctive relief; (2) violation of Civil Code section 1950.5; (3) violation of Business and Professions Code section 17200 et seq. (UCL); (4) accounting; and (5) conversion. On August 7, 2017, the court granted class certification for the class of all residential rental tenants at St. George properties from March 25, 2011, to the date of th...

Excerpt: ...ealing certain documents filed in opposition to defendant's motion to compel is granted. BACKGROUND: In this matter, plaintiff Destiny Hitchcock alleges that she suffered carbon monoxide poisoning from a defective heater while renting a room at 1105 North Ontare Road, Santa Barbara, California 93105. The property is owned by defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15. Plaintiff resided a...

Excerpt: ...��) is a Texas limited liability company and the owner of the Property. SB Riviera's principals are Mark Brinkman and Leigh Brinkman (“Brinkmans”). In 2014, the Brinkmans engaged the services of defendant Philippa Davis (“Davis”) to locate a residential property in Santa Barbara. Davis is a residential salesperson with defendant Village Properties, Inc. (“Village Properties”). Defendant Edward Alan Edick (“Edick”) is a licensed Ca...

Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...

Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...

Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...

Excerpt: ...the proceedings in this action are ordered stayed for thirty days. The motion for order bifurcating trial of the issue of liability from the issue of damages is denied. BACKGROUND: Plaintiff Courtney Crosby brings this action for personal injuries sustained in a helicopter crash that occurred on May 5, 2017, in Santa Barbara, California. Plaintiff was a passenger in the helicopter and was taking a tour of Santa Barbara when the pilot began experi...

Excerpt: ...e address Aaron Valdis Gauss provides. The court denies plaintiff Saticoy Development Co., LLC's request for a penalty. Aaron Valdis Gauss shall file his verified answer to the complaint on or before March 9, 2020. Background: On August 1, 2019, the court entered the default of Aaron Valdis Gauss (“Gauss”). Pursuant to a court order, plaintiff served Gauss on June 25, 2019, by email addressed to [email protected]. Gauss lives in Taiwan. M...

Excerpt: ... allege that defendant Toby Landon Claude was driving a vehicle owned and entrusted by defendant EAN Holdings, Inc., and that he operated the vehicle in the course of his employment by defendant Hot Line Construction, Inc. Demurrer: Defendant EAN demurs to the complaint on the ground that plaintiffs only make conclusory allegations without facts supporting the conclusory allegations. EAN also contends the action is barred by the federal Graves Am...

Excerpt: ...idden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general negligence, 3) products liability (strict liability, negligence, and breach of implied and express warranties); and 4) n...

Excerpt: ...s in the amount of $225,000. Plaintiffs' request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied. Defendant's motion for attorney's fees and Section 998 expert witness fees is denied. BACKGROUND: This is an action for personal injuries resulting from mold contamination at residential property located at 512 E. Victoria Street, Santa Barbara, California 93101. Plaintiff Linea Polk and her daughter, plaintiff Shann...

Excerpt: ...26, 2019 Third Set of Requests for Admission; and Form Interrogatory #17.1 from its June 26, 2019 Second Set of Form Interrogatories. The court will discuss the trial date with the parties at the hearing on this motion. Background: In these consolidated cases, plaintiff 1998 Ampersand Aviation, LLC, formerly known as Ampersand Aviation, LLC, sues defendants Esperer Holdings, Inc. (“Esperer”), and Federal Express Corporation (“FedEx”) for ...

Excerpt: .... 18CR10610 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa...

Excerpt: ...g the outcome of the arbitration. The court denies defendants' request for attorney fees. Background: On September 9, 2019, plaintiff Woody Boyce Builders filed its complaint for damages against defendants Mark Kidon and Darlene Kidon. Pursuant to a written contract dated January 28, 2018, plaintiff provided materials, equipment, and services for work on defendants' property at 113 San Clemente in Santa Barbara. Plaintiff alleges it is owed $49,6...

Excerpt: ...ncierge-style valet service for customers to find, pay, and tip for parking and for businesses and their valet companies to better manage parking. This putative class action is a wage and hour case which was filed by plaintiffs Trevor Kennedy and Karim Ebeid in Santa Barbara Superior Court on June 22, 2017. Its operative complaint alleges causes of action for (1) willful misclassification of employees as independent contractors, (2) unpaid overti...

Excerpt: ...erwise denied. The court confirms an award of ordinary costs pursuant to Doe's memorandum of costs in the amount of $693.41. Background: On July 14, 2017, petitioner John Doe filed his petition for writ of administrative mandate in this action to require respondent Regents of the University of California (Regents) to set aside findings and sanctions issued against Doe. On July 3, 2019, the court held a hearing on the petition. On July 8, 2019, th...

Excerpt: ...ns, one in Portage County, Ohio, and one in Summit County, Ohio. (Ault decl., ¶ 4.) In the performance of its business, Ault LLC uses medical imaging machines such as the iDR Direct Radiography Devices (iDR) manufactured by defendant iCRco, Inc. (iCRco). (Ault decl., ¶ 5.) In 2013, iCRco was contacted by a company in Ohio called Lupica Medical Systems (Lupica). (Neushul decl., ¶ 5.) Lupica was in the business of selling x-ray machines and want...

Excerpt: ... when he entered the area. Plaintiff was hospitalized in an induced coma following his injuries, and was not discharged until August 3, 2017. Plaintiff's complaint was filed on July 12, 2017. On November 14, 2017, plaintiff added Beyond Heating and Air, Inc. (BHA) as a Doe defendant, under the apparent belief that BHA had access to the utility area at the time plaintiff was injured. On January 2, 2018, BHA answered the complaint and served initia...

Excerpt: ...22.04 in charges incurred by defendant on a credit account she had with plaintiff. The complaint was filed on June 26, 2019, alleging common counts causes of action. Defendant filed a General Denial on July 26, 2019. On July 30, 2019, plaintiff served Requests for Admissions on defendant, seeking to have her admit or deny all of the material elements of plaintiff's complaint. When defendant failed to timely respond to the request, plaintiff allow...

Excerpt: ...dd Belforte allege that their two minor children, John Doe and James Doe, were sexually harassed and subject to sexual assault and battery while attending Camp Kesem at the University of California, Santa Barbara (“UCSB”) in July 2018. The wrongful and inappropriate conduct was allegedly perpetrated by another camper, age 16. Kesem is a national organization that operates summer camps for children who have a parent with cancer and has chapter...

Excerpt: ...motion, or at such other time as the Court may specify at the hearing on this motion. Background: On October 18, 2018, plaintiff Cortland T. Day, individually and as personal representative of the estate of Jana Whelan, his spouse, filed a complaint for dangerous condition of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Con...

Excerpt: ...n August 2018, through execution of a Stipulation for Conditional Entry of Judgment. Under the stipulation, defendant agreed to make monthly payments (beginning at $200/month, and increasing over time to $500/month) toward the principal amount due of $19,750, plus the $468.95 in court costs incurred by plaintiff in bringing the action, for a total of $20,218.95. Payments were to begin in August, 2018, and the total amount would be paid off by Aug...

Excerpt: ...endants Lawrence Farwell; EAN Holdings, LLC (“EAN”); and Enterprise Rent-a-Car of Los Angles, LLC (“Enterprise”), operated the motor vehicle, employed the persons who operated it; owned the motor vehicle that was operated with their permission; entrusted the motor vehicle; were agents and employees of the other defendants and acted within the scope of the agency; and negligently and carelessly serviced, repaired, maintained and/or inspect...

Excerpt: ...0 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa Barbara B...

Excerpt: ...filed herein on August 8, 2019; in place of Exhibits 3 and 4 will be pages indicating the exhibits are “filed under seal”; Exhibits 3 and 4 will be filed under seal; Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed on August 8, 2019, shall be filed under seal; and a redacted version of Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings, with lines 17-22 on page 6 redacted, shall be place...

Excerpt: ... Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff's first...

Excerpt: ...previously filed with the court with respect to this motion on defendant Surveillance Security, Inc., on or before September 25, 2019, and shall file proof of service of such documents on or before September 27, 2019. The hearing on the motion shall be ordered off calendar and no appearances are required if, on or before noon on October 21, 2019, Surveillance Security, Inc., files a substitution of attorney identifying an attorney appearing for S...

Excerpt: ...ember 18, 2018, along with attorneys' fees pursuant to Civil Code section 1717.5 according to proof. Defendant Longaberger answered, in pro per, on February 21, 2019, denying that any funds were owed to plaintiff. Defendant substituted an attorney into the action on his behalf on June 11, 2019. Plaintiff filed a Request For Dismissal, without prejudice, on July 8, 2019. Defendant thereafter filed a Memorandum of Costs, seeking a total of $1,739.9...

Excerpt: ...ali, Santy Kazali, and Harry Kazali. The original complaint was filed on July 2, 2018. Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross- complaint against Wasito and Soenjoto. The original cross-complaint was filed on November 8, 2018. The litigation of this matter has been contentious. On October 31, 2018, the court set trial for June 5, 2019. On March 27, 2019, the court continued the trial date to its currently scheduled da...

Excerpt: ...pects overruled. Background: On December 17, 2018, plaintiff People of the State of California (People) filed their original complaint in this action asserting causes of action for (1) violation of Health and Safety Code section 25189.2, (2) Health and Safety Code section 25299, subdivision (a), (3) Health and Safety Code section 25515, and, (4) violation of Business and Professions Code section 17200 et seq. (UCL). The complaint seeks permanent ...

Excerpt: ...ndants and against counsel for plaintiffs, attorneys A. Barry Cappello, Leila J. Noel, Lawrence J. Conlan, Cappello & Noel LLP, in the amount of $3,500.00. Costs and fees shall be paid as provided in Code of Civil Procedure section 399. Background: On April 2, 2019, plaintiffs William Parrish and E. Timothy Fitzgibbons filed their complaint in this action asserting five causes of action: (1) professional negligence; (2) breach of fiduciary duty; ...

Excerpt: ...nt alleges that Child made certain representations to her that indicated inappropriate sexual contact between plaintiff and Child. On May 23, 2016, defendant videotaped Child describing the contact and thereafter provided the videotape to two marriage and family therapists. The therapists created reports of the alleged sexual abuse and transmitted the reports to Child Welfare Services. Plaintiff was thereafter arrested, but the Santa Barbara Dist...

Excerpt: ...erve notice of this ruling on counsel for defendant (the moving parties in motion to be relieved as counsel), including in the notice the court's identification of the fact that the order relieving such counsel is by its terms not yet effective based on the lack of filing proof of service of the order on defendant. Proof of service of the notice of this ruling shall be filed with the court no later than September 9, 2019. Background: On October 2...

Excerpt: ...NFS) for possible illegal conduct, including the unauthorized practice of law, operation of an unregistered lawyer referral service, violation of the Legal Document Assistant statute, and false advertising. On May 3, 2018, the State Bar sent a Cease and Desist letter to Eric Campbell, a co-owner and manager of NFS, expressing its opinion that NFS has engaged in the unauthorized practice of law and should immediately cease and desist from doing so...

Excerpt: ...Interrogatories ##18 and 25. The court orders defendant Adi Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatories ##18, 25, and 26. The court orders defendant Santy Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatory #18. To the extent defendants do not have personal knowledge sufficie...

Excerpt: ... On February 12, 2018, plaintiff was demoted by defendant Santa Barbara Unified School District (“District”) from his position as principal of SMHS to classroom social studies teacher. Plaintiff alleges that his demotion was in retaliation for the way he responded to a student threat incident. On May 21, 2018, plaintiff filed his complaint asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due pro...

Excerpt: ...ss, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It arises from plaintiffs' lease and inhabitance of a residence which proved to be contaminated by toxic mold, the failure to contain the contamination during work performed to mitigate the problem, and the personal injuries and damages incurred by the plaintiffs as a result of their exposure to the con...

Excerpt: ...t owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Defendants Harry and Santy Kazali d.b.a. Days Inn of Santa Barbara filed a first amended cross- complaint against plaintiffs. After a demurrer was sustained to the FACC's second through fourth causes of action, no SACC was filed, leaving only a FACC alleging a single breach of contract claim. Cross-complainants' recent motion for leave to file a SACC was d...

Excerpt: ...C has sued for breach of contract in connection with two separate sublease agreements for airport hangars at the Santa Barbara Municipal Airport. As alleged in the lead case (Case No. 17CV04837), plaintiff is the master lessee under an existing master lease of certain airport property owned by the City of Santa Barbara. On December 20, 2005, plaintiff and non-party Select Personnel Services, Inc. entered into a written sublease agreement by which...

Excerpt: ...l file and serve their first amended cross-complaints on or before August 22, 2019. Background: On June 8, 1994, Betty Goldberg and Al Goldberg filed their complaint in Goldberg v. Arns, United States District Court for the Central District of California case number 94-CV-3834 (the 1994 Federal Action). (Request for Judicial Notice [RJN], exhibit A.) On September 8, 2014, the Estates of Betty Goldberg and Al Goldberg, by and through their success...

Excerpt: ...n attorney fees. Complaint: On December 10, 2018, plaintiff TruConnect Communications, Inc., filed its complaint for breach of contract against defendant Blue Casa Telephone, LLC. On February 15, 2019, TruConnect filed a first amended complaint. On March 22, 2019, Blue Casa filed an answer and cross-complaint (CC), in which it alleges: On April 20, 2015, TruConnect, formerly known as Telscape Communications, Inc., entered an agreement to sell cer...

Excerpt: ...intiff in the sum of $3,400.00. The trial date is ordered continued from August 28, 2019 to October 30, 2019, with all statutory deadlines to correspond with the new trial date. BACKGROUND: This is an action for personal injuries, specifically, pulmonary fibrosis, that plaintiff Steve Tepper allegedly sustained while working as the facility manager at the Granada Theatre, located at 1214 State Street in Santa Barbara. The small office (120 square...

Excerpt: ...), and to disallow $6,025.23 from category 16 (other). In all other respects, the motion is denied. Correcting an arithmetic error in the total stated in the memorandum of costs, the court fixes the amount of costs awarded in favor of defendants and against plaintiff in the total amount of $52,505.15. Background: On May 15, 2019, the court entered its judgment in favor of defendants Crusader Insurance Company and Unico American Corporation and ag...

Excerpt: ...to in the amount of $3,000, on or before July 29, 2019. 2. The court denies cross-complainants Santy and Harry Kazali's motion for leave to file amended cross-complaint. Background: This is a wage and hour action by plaintiffs Subiono Wasito and Enny Soenjoto, who were formerly employed at a Days Inn motel establishment owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Harry and Santy Kazali, dba Days Inn o...

Excerpt: ...answer to the first amended cross-complaint on or before July 25, 2019. Background: (1) Allegations of First Amended Cross-Complaint of Alex M. DePaoli, Laura B. DePaoli, Michael L. Matkins, and Teryl S. Matkins Cross-defendant Westmont College (Westmont) is the owner of a parcel of real property that is referred to as the “Road Parcel,” which is used as a private road by other parties to this action. (First Amended Cross-Complaint [FACC], ¶...

Excerpt: ...nt on or before July 25, 2019. (2) Based on the disposition of the demurrer, the motion to strike of defendant The Parsons Group, Inc., is moot and is ordered off calendar. Background: As alleged in the first amended complaint (FAC): Plaintiff Teresa Vargas Perez was employed as a Caregiver at a residential care facility known as The Gables Ojai from at least 2006 to 2018. (FAC, ¶ 1.) Defendant The Parsons Group, Inc. (Parsons) is headquartered ...

Excerpt: ...his demotion by defendant Santa Barbara Unified School District (“District”) from his position as principal at San Marco High School (“SMHS”) to classroom teacher. Behrens sought reinstatement to his position as principal and all back pay and benefits that were lost due to his reassignment, as well as attorney's fees. On May 9, 2019, the court denied Behrens's motion for judgment on peremptory writ of mandate, finding that District did no...

Excerpt: ...ntirety, and the text of paragraph 6, “enjoin the plaintiff from any trespass on, use of or other benefit of the La Cumbre Canyon Ranch property and” (Answer, p. 10), and is in all other respects denied. (2) For the reasons set forth herein, the demurrer of plaintiff Saticoy Development Company, LLC, to the answer of defendant Skylar L. Gauss (i) is sustained, without leave to amend, as to the seventh, ninth, and tenth affirmative defenses, (...

Excerpt: ...eview Commission's Appeal Decision dated May 15, 2017, are hereby vacated. The court further orders that respondent Regents of the University of California conduct no further administrative proceedings against petitioner John Doe based on the alleged conduct that is the subject of this proceeding. Counsel for petitioner shall prepare an order consistent with this ruling. Background: Investigators and adjudicators at the University of California S...

Excerpt: ...d range of repairs and modifications for his 1964 Corvette, including brake and suspension work. Plaintiff paid defendant $5,000.00 towards the costs of the repairs and upgrades he wanted and left the car with defendant. Plaintiff contends that he told defendant that he had a budget of $35,000.00 for the work to be performed, but was ultimately charged over $57,000.00. Plaintiff contends that he never received written estimates for the labor and ...

Excerpt: ...eposition to go forward on June 19 at 1:30 p.m. absent an express agreement among counsel for plaintiffs, counsel for defendant, and Powers. 2. Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3. The court grants plaintiffs' Linea Polk and Shannon Morgan Polk's motion to strike defendant David Gerrity's supplemental declaration of expert witnesses and orders s...

Excerpt: ...munication with La Cumbre Junior High School as to the purchase of the subject bottle of sulfuric acid; 4) PMK re: the distribution process of the subject bottle of sulfuric acid; and 5) PMK re: the subject incident. At the hearing, the court will ask the parties to agree to the dates, times, and places of the depositions. Absent an agreement, the court will set the dates, times, and places of the depositions. The court imposes a monetary sanctio...

Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...

Excerpt: ...ghts Act, violation of the California Education Code, negligence, and negligent misrepresentation. Plaintiffs allege that they were sexually harassed and assaulted by defendant Caleb Alexander (“Alexander”), a fellow student, while they were all enrolled in the Master's of Psychology Program at defendant Pacifica Graduate Institute (“Pacifica”) during the 2016-2017 school year. Plaintiffs claim that when they reported Alexander's alleged ...

Excerpt: ...t objection, questions ##1, 2, 3, 5, 6, 7, and 9 in plaintiffs' separate statement and any reasonable follow up questions. Plaintiffs may also ask questions regarding employment records that have been subsequently produced. 3. The court grants plaintiffs Subiono Wasito and Enny Soenjoto's request for a monetary sanction. The court imposes a monetary sanction of $5,690, including attorney's fees and the $90 filing fee, payable on or before June 17...

Excerpt: ...n or before June 28, 2019. Background: On December 21, 2016, plaintiff Dean Ventura filed his complaint in this action asserting four causes of action against defendants R&R Motorworks (R&R), Ralph Gold and Nancy Gold: (1) breach of contract; (2) fraud; (3) negligence; and, (4) violation of consumer protection statute. On January 31, 2017, defendants filed their answer to the complaint, generally denying the allegations thereof and asserting six ...

Excerpt: ... documents, set one, on or before June 12, 2019. BACKGROUND: This is an action for alleged breach of an insurance contract and bad faith. Plaintiff Jian Chen is the owner of residential property located at 361 Oliver Road, Santa Barbara, California 93109. At the time of the events in this case, plaintiff was insured under a homeowner's policy issued by defendant Interinsurance Exchange of the Automobile Club. The insurance policy covered plaintif...

Excerpt: ...response to his removal, he filed a petition for writ of mandate seeking reinstatement as principal and all lost benefits arising from his removal from that position, combined with a complaint for (1) violation of 42 U.S.C. § 1983, alleging a violation of his liberty interest protected by the Due Process clause, and (2) unlawful retaliation in violation of Labor Code section 1102.5(c), for which he seeks compensatory and punitive damages. This C...

Excerpt: ...fendant. The complaint sought damages of $3,525.09. Defendant filed his Answer on October 5, 2018, generally denying the allegations of the complaint. The Answer asserted affirmative defenses of latches, that any recovery should be denied based upon plaintiff's breach of the agreement, that the matter is subject to arbitration in lieu of litigation, that plaintiff has failed to mitigate its damages, and unjust enrichment. Plaintiff served request...

Excerpt: ...hew H. Conley, Henderson & Borgeson, in the amount of $1,000, to be paid to counsel for opposing parties on or before June 13, 2019. Background: Defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15, issued a deposition subpoena for business records to third party deponent custodian of records for Joseph Migliore, D.C., on October 16, 2018. (Conley decl., exhibit A.) (Note: The exhibits to the movi...

Excerpt: ...s, attorney Paul P. Tashnizi, in the amount of $2,090.00, to be paid to counsel for plaintiffs on or before June 13, 2019. In all other respects, including defendants' request for an award of monetary sanctions, the motion is denied. Background: On November 7, 2018, plaintiff Subiono Wasito served defendant Harry Kazali by electronic service with a first set of form interrogatories (W-FI) and a first set of special interrogatories (W-SI). (Malone...

Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...

Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...

Excerpt: ... Municipal Court entered a default judgment for plaintiff Ford Motor Credit Company, transferee of Pacific Coast Ford, against Angelina Robles and Adrian J. Robles in the amount of $2,651.62. The judgment was renewed in 2003 and again on October 18, 2012, in the amount of $9,336.94. Motion: Plaintiff moves to amend the judgment to reflect two other names by which defendant Angelina Robles is known; to wit: Angelina Saracho and Angelina Robles-Sar...

Excerpt: ... California (People) filed their complaint in this action for injunction, civil penalties, and other equitable relief. The action is brought by the District Attorney of Santa Barbara County in the public interest pursuant to Business and Professions Code sections 17204 and 17206 and as requested by the Santa Barbara County Certified Unified Program Agency (CUPA) pursuant to Health and Safety Code sections 25182, 25299.02, and 25515.7. (Complaint,...

Excerpt: ...ne Lorenzo-Weeks's motion to strike portions of plaintiff Shawn Donnell Parker's first amended complaint. Background: On October 13, 2017, plaintiff Shawn Donnell Parker commenced this action. With leave of court, he filed a first amended complaint (“FAC”) on March 21, 2019. Parker alleges: On October 16, 2015, at approximately 1:20 p.m., Parker was driving his vehicle northbound on U.S. Hwy 101 in Ventura. [FAC ¶6] At the same time, defenda...

Excerpt: ...r before May 24, 2019. In the event that Gerrity does not by that date serve the verified statement of no claim regarding the absence of Gerrity's signature as discussed herein, then Gerrity shall also serve on or before May 24, 2019, copies of all responsive documents to request numbers 24, 25, and 26, redacted as permitted herein. Plaintiffs' request for an award of monetary sanctions is denied. Background: On February 23, 2018, plaintiffs Line...

Excerpt: ...twalk, while unaware that the utility closet contained a high voltage transformer. In doing so, he drilled into the high voltage equipment, and sustained serious injuries and burns when the equipment exploded, he caught fire, and he fell off the ladder. Plaintiff filed his original complaint on July 12, 2017, against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan), alleging causes of action for st...

Excerpt: ...'s license at the time he was arrested on April 29, 2018 for driving under the influence of alcohol. At the time of his arrest, Mr. Graybill was served by the arresting officer with a notice of “administrative per se suspension/revocation order and temporary driver's license.” He sought an administrative hearing from the Department, and a stay of the suspension/revocation pending the determination of whether to set aside or reinstate the susp...

Excerpt: ...bicycle east on Sueno Road approaching the intersection of Camino Pescadero on November 15, 2017. (Complaint, ¶ 8.) Seife stopped at the stop sign and looked to the left and right. (Ibid.) Defendant Sina Faravashi was driving south on Camino Pescadero at an unsafe speed. (Complaint, ¶ 12.) At the time Seife had reached roughly the middle of Camino Pescadero, Seife was hit by the vehicle driven by Faravashi, causing serious bodily injuries to Se...

Excerpt: ...nd June 30, 2018, at which time he was removed as principal by the Santa Barbara Unified School District (District), and reassigned as a classroom teacher. In response to his removal as principal, Behrens on May 21, 2018, filed a verified petition for writ of mandate (Code Civ. Proc., § 1085) or alternative writ of mandate (Code Civ. Proc., § 1087), seeking reinstatement to his position as principal of SMHS and any back pay or benefits that wer...

Excerpt: ...This is a collection action that plaintiff Wells Fargo Bank, N.A., filed against defendant Oscar Camacho. On November 18, 2016, the parties filed a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6. The entered its order dismissing the action and retaining jurisdiction pursuant to CCP § 664.6. The stipulation provided for judgment in the amount...

Excerpt: ...ndants HomePeople Corporation dba Romio and Tarik Sansal. The complaint alleges causes of action for breach of contract, money lent, money had and received, and promissory fraud. On October 28, 2015, counsel for the parties filed a notice reporting progress in settlement talks with the expectation of a forthcoming settlement agreement. On December 9, 2015, plaintiffs filed a request for dismissal of the complaint with prejudice. Dismissal was ent...

Excerpt: ... (2) the unredacted declaration of James P. Hart, Jr., lodged on March 8, 2019. Background: Plaintiffs Eric Gonzales and Diana Gonzales and defendant A&S Coldplaning entered into a stipulation, initially dated April 16, 2018, for the parties to arbitrate their claims subject to a maximum and minimum award to plaintiffs. (Hart decl., exhibit 1.) The maximum and minimum amounts are redacted from the public file version of the stipulation because th...

Excerpt: ...or judgment on the pleadings is denied. Background: These are two consolidated actions. The lead case is 1998 Ampersand Aviation, LLC, etc. v. Esperer Holdings, Inc., case number 17CV04837. The lead case is consolidated with 1998 Ampersand Aviation, LLC, etc. v. Federal Express Corporation, case number 17CV04854 (the consolidated case). (1) Allegations of Plaintiff's Complaint in Lead Case The plaintiff in the lead case is “1998 Ampersand Aviat...

Excerpt: ...t 1521½ Santa Rosa Avenue in Santa Barbara and plaintiff shall be entitled to an award of attorney fees and costs in the amount of $4,333.37. For convenience, plaintiff may deduct the award of fees and costs from the amount deposited, for a net deposit of $100,804.17. Background: Barrett Daffin Frappier Treder & Weiss, LLP, filed a complaint in interpleader for $105,137.54 in surplus proceeds not disbursed following the non-judicial foreclosure ...

Excerpt: ...d when she was sideswiped at a high rate of speed by a vehicle driven by defendant Douglas Harley. Defendant did not stop at the scene, but sped away. Plaintiff reported the incident and defendant was later stopped by police officers after they observed his vehicle drifting left to right on the roadway. After making contact with defendant, the officers noted that he had red, watery eyes. The officers also detected the smell of alcohol coming from...

Excerpt: ...endant and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman, in the amount of $206,304.37. (2) For the reasons set forth herein, the motion of defendants and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman for an award of attorney fees and reimbursement of litigation expenses is denied. (3) For the reasons set forth herein, the motion of plaintiff...

Excerpt: ...alth dba Santa Barbara Cottage Hospital, Inc.). The causes of action are medical negligence, medical battery (against Dr. Zerey only), and loss of consortium. Motion: SBCH moves for summary judgment. Plaintiffs have filed a notice of non-opposition to the motion. 1. Facts: The following facts are from SBCH's unopposed separate statement of undisputed material facts. In February 2014, Ms. Simmons presented to SBCH for a laparoscopic gastric bypass...

Excerpt: ...mination case. On January 1, 2013, plaintiff Linea Polk (“Linea”) and her daughter, plaintiff Shannon Polk (“Shannon”), began residing at 512 E. Victoria Street, Santa Barbara, California 93101 pursuant to a written lease agreement with defendant David W. Gerrity (“Gerrity”). Defendant Janette Smidt (“Smidt”) managed and supervised the property for Gerrity. In January 2017, defendants removed a portion of the roof of the unit to m...

Excerpt: ...me. The court does not rule upon the sufficiency of the supplemental responses served after the filing of this motion. The court awards monetary sanctions in favor of the moving defendants and against plaintiffs Joseph F. Drum, Jr., and William Moody, and their counsel, Collins Ford LLP, jointly and severally, in the amount of $1,000 to be paid to counsel for the moving defendants on or before April 11, 2019. In all other respects the motion is d...

Excerpt: ...onses to special interrogatories, set one, Nos. 1, 2, 4, 6, and 20, and to form interrogatories, set one, Nos. 2.5, 3.4, 3.6, 6.2, 6.3, 6.4, 6.6, 9.1, 9.2, 10.1, 10.3, 12.6, and 17.1. In all other respects, including the parties' requests for awards of sanctions, the motion is denied. (2) As set forth herein, the motion of defendant Brenner to compel further responses to request for admissions is granted in part and denied in part. The motion is ...

Excerpt: ...o state a cause of action. The demurrer is overruled as to the first cause of action. Cross-complainants shall file and serve their second amended cross-complaint on or before April 11, 2019. Background: As alleged in the first amended cross complaint (FACC): Cross-complainants Santy Kazali and Harry Kazali own and operate the Days Inn Santa Barbara, a hotel located at 116 Castillo Street in Santa Barbara (the Hotel). (FACC, ¶ 3.) In November 19...

Excerpt: ... maintained, managed, and operated by defendants when he was burned by a high voltage cable explosion. On November 14, 2017, plaintiff filed an amendment to the complaint identifying defendant Daketta Los Carneros, LLC (Daketta) as defendant Doe 2. On December 13, 2017, plaintiff filed an amendment to the complaint identifying Los Carneros Opportunity, LP (Opportunity) as defendant Doe 6. After the demurrer by defendants Daketta and Opportunity w...

Excerpt: ...ruling included a discussion of a procedural problem with the notice of motion filed on June 7, 2018. The court did not discuss the amended notice of motion filed on October 31, 2018, leaving the court's discussion of the notice issues incomplete. The hearing was continued to this date to address the amended notice. The discussion of these issues is set forth below. The motion is opposed by the Intervenors (representing Goss-Jewett's interest as ...

Excerpt: ...ive, the Court prefers to address such issues on demurrer or other appropriate motion. This action arises from a motor vehicle accident. While plaintiff's original complaint alleges that the accident occurred on October 16, 2017, that allegation was clearly a typographical error, as the complaint itself was filed 3 days prior to that date, on October 13, 2017. The complaint alleges that defendant's conduct was in violation of laws related to spee...

Excerpt: ... management of Williston Financial Group, LLC, a nationwide title and escrow company established in 2009. Three of the defendants are Williston Financial Group, LLC, Williston Holdings, LLC, the parent company and sole owner of Williston Financial, and Patrick F. Stone, the CEO of Williston Financial and Williston Holdings. The other defendants are GGC Opportunity Fund Management, L.P., GGC Opportunity Fund Management GP, Ltd., and GGC Co-Invest ...

Excerpt: ...cito Street, Santa Barbara, California 93103. In 2015, defendants helped plaintiff avoid foreclosure on $440,000.00 loan from Fidelity Mortgage Corporation by purchasing the Fidelity note. Defendants purchased the note to allow plaintiff to remain in good financial standing while it secured more permanent financing elsewhere. Defendants allegedly promised not to foreclose on the property and to allow plaintiff to continue using its facility unint...

Excerpt: ...ot and the court orders it off calendar. As to plaintiff Joe F. Carrari, the court continues the hearing on the demurrer and motion to strike to March 20, 2016, to determine representation of Joe F. Carrari's interests in this case. Complaint and Background: On October 5, 2018, plaintiffs Joe F. Carrari, Sylvia Ramirez, Angelina Dettamanti, and J.P. Herrada filed their complaint for intentional tort against defendant County of Santa Barbara. Plai...

Excerpt: ...ross-defendant 220 W. Gutierrez, LLC, for summary judgment is denied. (1) Motion for Determination of Good Faith Settlement Background: This action involves toxic contamination in and around property located at 220 W. Gutierrez Street, Santa Barbara. Plaintiff 220 W. Gutierrez, LLC, is the present owner of the property located at 220 W. Gutierrez Street (the Property or Site). (Till decl., ¶ 3.) Plaintiff and State of California Department of To...

Excerpt: ...amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP. The pa...

Excerpt: ...e negligent in their diagnosis, examination and care and treatment of plaintiff Nicole McKernan. That negligence included negligent prenatal care and treatment, and failure to diagnose and treat preeclampsia. As a result of the negligence, Nicole McKernan suffered a seizure and permanent brain damage. The complaint named as defendants Santa Barbara Cottage Hospital, Heather Terbell, M.D., and Bonnie Dattel, M.D. After Dr. Terbell filed a motion f...

Excerpt: ...ice, and the issue of whether service was properly accomplished at that time is not currently before the court. Background: This action for injunction, civil penalties, and equitable relief, was filed by the People on December 17, 2018. The action arises from underground storage tanks on property owned by defendants, and alleges defendants' violation of statutes and regulations related to the handling and management of hazardous materials and haz...

Excerpt: ... in the amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP...

Excerpt: ...ommissioner wishes to assert the fourth, fifth, and sixth affirmative defenses, it shall filed an amended answer on or before March 11, 2019. Otherwise, the answer will stand without those three affirmative defenses. Background: On March 5, 2018, plaintiff National Family Solutions LLC (NFS) filed its unverified complaint for negligence against defendant State of California Labor Commissioner (Commissioner). NFS alleged: NFS was involved in a hea...

Excerpt: ...n. BACKGROUND: Plaintiff Anita Youabian (“Youabian”) is an employee of National Family Solutions, Inc. (“NFS”), a national organization that provides low cost legal and professional services for family law matters, including divorce, child custody, guardianships, and conservatorships. NFS's local office is located at 114 E. Haley Street, Suite C, Santa Barbara, California 93101. Defendant Alan Padley (“Padley”) worked as a salesman fo...

Excerpt: ...iff Ryan Kaufman filed his original complaint in this action against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan). The complaint alleges that Kaufman was working on premises owned, maintained, managed, and operated by defendants, when he was burned by a high voltage cable explosion. (Complaint, ¶¶ Prem.L-2, GN-1.) On February 21, 2018, Kaufman filed an amendment to the complaint identifying d...