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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...