Excerpt: ... forth herein. BACKGROUND: Plaintiff Sheila Gianelli filed this legal malpractice action against defendants Mark Schwartz and Eric Woosley following their representation of her in an employment discrimination case against The Home Depot. The trial court in that action granted The Home Depot's motion for summary judgment and the judgment of dismissal was affirmed on appeal. On May 5, 2017, plaintiff filed her complaint against defendants for legal...

Excerpt: ...t Living Vehicle, Inc. (“LV”), is the dealer that sold the subject vehicle to plaintiff Nha L. Baze, and the manufacturer that manufactured and distributed it for sale. Baze filed her complaint on September 13, 2019, asserting causes of action for 1) violation of the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.); 2) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1770 et seq.); 3) decei...

Excerpt: ...f contract and common counts, seeking damages of $133,503.53 against defendants, plus interest. Attorneys' fees are sought for the common counts cause of action, but not within the breach of written contract cause of action. Plaintiff seeks interest in both causes of action. The complaint alleges that on June 20, 2018, plaintiff and defendants entered into an agreement, a promissory note payable in full on December 15, 2018. The promissory note (...

Excerpt: ...hter as a result of the incident. Plaintiffs filed suit not only against Forgione, but also against Foley Estates Vineyard and Winery, LLC and Foley Food and Wine Society, contending that Forgione, a celebrity chef, was employed by the Foley entities, and acting in the course and scope of that employment, at the time of the accident. Plaintiffs served discovery upon both Forgione and the Foley entities in order to obtain evidence in support of th...

Excerpt: ..., and Century Indemnity Company for an order staying all proceedings in this action to allow the related federal case to conclude. Background: This action arises out of environmental contamination of real property located at 220 W. Gutierrez Street, Santa Barbara, California. The contaminant is perchlorethylene, a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. P...

Excerpt: ...KGROUND: In this malpractice action, plaintiff Sheila Gianelli has sued her former attorneys, defendants Mark Schwartz (“Schwartz”), a Pennsylvania attorney, and Eric Woosley (“Woosley”), a Santa Barbara attorney, in connection with their representation of plaintiff in an underlying employment discrimination case against plaintiff's former employer, the Home Depot. The trial court in the underlying action granted Home Depot's motion for s...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...Kellogg Square, LLC (“Kellogg”) is the owner of commercial real property located at 5555, 5575, 5585, and 5599 Hollister Avenue, Goleta, California. Plaintiff Bottiani Properties, LLC (“Bottiani”) is the owner of commercial real property located at 5551 and 5553 Hollister Avenue in Goleta. Plaintiff Waters Land Surveying, Inc. (“Waters”) is part owner of the commercial real property located at 5553 Hollister Avenue in Goleta. Defendan...

Excerpt: ...by failing to make the payments due on the account. On October 13, 2006, NDS filed its complaint for breach of credit card agreement, money lent, and account stated. On February 26, 2007, a default judgment in the amount of $21,058.94 was entered in favor NDS and against Cruz. The judgment was renewed on July 26, 2012, in the amount of $32,473.15, including post-judgment interest. On January 15, 2015, NDS assigned all of its rights, title, and in...

Excerpt: ...tion. Background: This action involves an Irrevocable Offer to Dedicate Easement (Coastal Access)” (hereinafter “OTD”) dated June 27, 1990. Pursuant to the OTD, Frank Serena Construction and Development, Inc. (“Serena”), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (“Casa Blanca”) offered to dedicate to defendant County of Santa Barbara (“County”) a lateral access easement five feet in wi...

Excerpt: ...ibution center in Lathrop, California from December 15, 2008, until she was fired on November 23, 2010. Home Depot maintains that plaintiff was fired for poor performance, but plaintiff claims that she was subject to a hostile work environment and terminated when she complained about discriminatory conduct by management and other workers. On January 31, 2011, plaintiff hired defendant Mark Schwartz (“Schwartz”), a Pennsylvania attorney, to re...

Excerpt: ...for breach of sublease agreements, under which defendants subleased hangars at the Santa Barbara Airport. Plaintiff leased the hangars from the City of Santa Barbara under a master lease. MSC is scheduled for February 14, a pre-trial conference for March 11, and trial for March 16, 2020. Motion for Summary Judgment: Defendant FedEx moves for summary judgment on the ground that 1998 Ampersand Aviation, LLC, is not a party to the sublease and the c...

Excerpt: ..., California. The contaminant is perchlorethylene (“PCE”), a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. Plaintiff 220 W. Gutierrez, LLC, is the current owner of the property, having taken title to the property in 2016 pursuant to a Prospective Purchaser Agreement (“PPA”) with the California Department of Toxic Substance Control (“DTSC”). Plaintif...

Excerpt: ...otion for a protective order and for establishment of deposition procedures and the court orders as follows: At all depositions in this case, only the deponent, the parties, the parties' counsel of record, and the court reporter and/or videographer shall be present. In no event may Eric Alan Cover be present at any deposition other than his own. For any deposition taken by telephone or other remote electronic means, all parties and their counsel ...

Excerpt: ...nd Nora Betz, co-trustees of the Lieber Family Revocable Trust. In their first amended complaint, plaintiffs allege: Plaintiffs and defendants are tenants in common of real property at 1367 Danielson Road in Santa Barbara. [FAC ¶4] On September 19, 2014, they entered into a written Co-Ownership Agreement (“COA”) setting forth their respective rights and duties. [FAC ¶5, Exhibit A] (Exhibit A is attached to the original complaint but not the...

Excerpt: ...pportunity to attempt to correct these pleading defects, the Court will grant her leave to file an amended pleading. Any such amended pleading must be filed on or before November 6, 2019. Background: Plaintiff's operative Second Amended Complaint (SAC) alleges causes of action against defendant Inn of the Spanish Gardens, LLC, erroneously sued as Spanish Garden Inn (Inn), for negligence and intentional infliction of emotional distress. Those caus...

Excerpt: ...39,876.84 to defendant Daniel Robert Sarena dba ECO Cast to purchase a 2008 International 4200 Diesel Flatbed Truck. The truck served as collateral for the loan. On February 1, 2019, defendant failed to make the payment then due on the loan. Currently, there is due and owing from defendant to plaintiff the principal sum of $9,969.21, plus interest. Pursuant to the terms of the loan and security agreement, plaintiff is entitled to immediate posses...

Excerpt: ...g Hollister Avenue, related to the Ekwill-Fowler Project. It seeks prejudgment possession of the portions of the property, including fee, permanent flood control easement, temporary vegetation mitigation and monitoring easement, and temporary construction easement interests. The Newland defendants are the record owners of the real property, Parcel 071-090-036; defendant Verizon is the owner of an easement interest on the property. The City had ad...

Excerpt: ...re the owner and manager of Nomad Village Mobile Home Park, a 150-space mobile home park located at 4326 Calle Real, Santa Barbara, California 93110. Defendants Arthur A. Allen, et al. (there are approximately 145 named defendants) are all homeowners who reside in the mobile home park. On December 18, 2017, plaintiffs filed their initial complaint in the action. Plaintiffs filed their first amended complaint on July 23, 2018, and their second ame...

Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...

Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...

Excerpt: ... have been waived, and will grant the motion directing compliance with business records subpoena. Background: Plaintiff George Merino (“Merino”) is the adult son of Barbara Sonia Adams (“Adams”) and the Successor Trustee to the Barbara S. Adams 2014 Revocable Trust. Adams passed away on September 19, 2014, at the age of 71. Plaintiff Lawrence T. Sorensen (“Sorensen”) is the Administrator of the Estate of Barbara S. Adams. Defendant Jo...

Excerpt: ...mination will be denied. Counsel for the parties are required to appear in person or by telephone at the hearing of this motion. Background: On August 23, 2018, plaintiff Destiny Hitchcock filed her complaint in this action asserting causes of action arising out of claims that Hitchcock suffered carbon monoxide poisoning from a defective heater while a tenant at real property owned by defendant Sandra Castellino, individually and in her capacity ...

Excerpt: ...ation against defendant Shalini Ananda. Plaintiff alleges: Plaintiff and defendant work in the field of health technology in different areas of specialization. They never worked for the same company and are not connected professionally or personally. They met on July 18, 2013, at Rock Health, a company that supports start-ups in health technology. [FAC ¶6] After some social media contacts, plaintiff blocked defendant. [FAC ¶¶7-9] Defendant sen...

Excerpt: ... attachment complied with Civil Code section 1950.5. In all other respects, the motion to decertify is denied. Background: On July 8, 2015, plaintiff Harry Tran filed his first amended complaint (FAC), the operative complaint, which 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 s...

Excerpt: ...a Barbara, California 93108. The property lacks an improved access road and Sublett contends that the parcel enjoys a prescriptive easement by necessity across an adjacent parcel owned by defendant Guy Berkeley Breathed (“Breathed”) located at 810 Toro Canyon Road. In 2013, the parties settled a lawsuit that had been filed by Breathed (Santa Barbara Superior Court Case No. 1417859, contesting Sublett's claim to a prescriptive easement over hi...

Excerpt: ...ion of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Construction, LLC (Lyles). Plaintiff alleges: On October 22, 2017, at approximately 12:46 p.m., Whelan was riding her bicycle eastbound on Carpinteria Avenue, in the Class II bicycle lane, just east of Reynolds Avenue in Carpinteria. [Complaint ¶12] At that time and place...

Excerpt: ...nded complaint and to the third amended complaint as a whole. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. The operative complaint in this action is the third amended complaint (TAC). The court previously sustained with leave to amend defendants' demurrer to the second amended complaint (...

Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...

Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...

Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...

Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...

Excerpt: ...t awards attorney fees and costs in favor of plaintiff Jacqueline Misho and against attorney David Friedman and Friedman & Friedman in the amount of $511.00, to be paid to counsel for plaintiff on or before August 24, 2018. Background: On April 6, 2018, plaintiff Jacqueline Misho dba Misho Law Group (Misho) filed her complaint in this action against defendants Catherine Ann (“Cat”) Cora (Cora) and Cat Cora, Inc. (CCI). Proof of service on bot...

Excerpt: ...t against defendant Unico American Corporation for aiding and abetting tortious conduct and denies the motion in all other respects. 2. The court denies defendants Crusader Insurance Company and Unico American Corporation's motion for sanctions. Background and Second Amended Complaint (“SAC”): This action arises from a fire which occurred on July 7, 2011, at plaintiff David Gerrity's property. At the time, plaintiff's property was covered by ...

Excerpt: ...8, alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) money had and received, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) conversion, and (7) declaratory relief. Plaintiff Anthony Frank (Frank) alleges that on October 14, 2010, he and defendant Edward St. George (St. George) entered into three written agreements relating to property at 3201 Braemar Drive,...

Excerpt: ...and the remaining balance within 5 months. If the total balance was not paid by 1/23/17, liquidated damages of $3,000 was to be added to the balance. Defendant apparently made some payments, but failed to pay the remaining $16,000 on the sales price. The complaint sought that $16,000, plus the $3,000 in liquidated damages, for total damages of $19,000. The complaint also sought punitive damages. The summons and complaint were personally served on...

Excerpt: ...aintiffs shall file and serve their second amended complaint on or before August 31, 2018. (See Code Civ. Proc., § 438, subd. (h)(2) [30 days leave to amend].) Background: As alleged in the first amended complaint (FAC): Plaintiff George Merino is the successor trustee of the Barbara S. Adams 2014 Revocable Trust (Trust) and sole residuary beneficiary of the Estate of Barbara S. Adams. (FAC, ¶ 1.) Plaintiff Lawrence T. Sorensen is the court- ap...

Excerpt: ... Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on December 1, 201...

Excerpt: ...rom the medical care and treatment provided by defendants to plaintiff's decedent, Jack Ceder. A jury trial resulted in a defense verdict in favor of defendant Rebecca A. Rosen, M.D., among other defendants. Defendant Rosen submitted a Memorandum of Costs in which she sought $47,085.44 in costs. This amount included $29,871.00 in expert witness fees, claimed because Dr. Rosen's January 15, 2016 settlement offer in the amount of $10,000, made purs...

Excerpt: ...intiffs allege: On August 7, 2015, at approximately 5:42 p.m., in County of La Paz, State of Arizona, Elizabeth was driving a 2002 Ford Explorer manufactured by Ford Motor Company, in which Amirani and Hiromi were passengers, when a Michelin tire failed, causing the vehicle to veer left “as a result of dynamic oversteer resulting from the directional and lateral instability of the vehicle.” The vehicle rolled over. The Michelin tire was purch...

Excerpt: ...ated at 3536 Los Pinos Drive, Santa Barbara (the Property). (First Amended Petition [FAP], ¶¶ 6, 7.) The Property is within a single-family residential zone and has one single-family residence. (FAP, ¶ 6.) On September 5, 2017, petitioners submitted an application (the Application) to create an accessory dwelling unit (ADU) within the existing space at the Property. (FAP, ¶ 2.) The Application met all conditions of respondent City of Santa Ba...

Excerpt: ..., Jr., each agreed to represent Gianelli in a lawsuit filed in the United States District Court for the Eastern District of California on September 23, 2013. (Complaint, attachment 1, ¶ 19.) “Defendants failed to prepare, file and serve proper pleadings essential to the presentation of the case, warn of the duty to and to preserve evidence, conduct factual investigations, conduct discovery, compel discovery, consult and/or retain expert witnes...

Excerpt: ... also a defendant. The balance of legal fees is allegedly $311,240.53, plus interest at the legal rate from December 15, 2016, until paid. The causes of action are breach of contract, enforcement of attorney lien (on 100% of contracts held to be Cora's separate property), and “fraud and punitive damages.” On June 8, 2018, the court entered the default of defendant Cat Cora, Inc., whose motion to set aside default is set for hearing on August ...

Excerpt: ...nta Barbara Sheriff's Department on May 13, 2017, at Motel 6, 4200 Via Real, Carpinteria, California. Plaintiff contends that the money was used to facilitate the manufacture and/or sale of a controlled substance or was exchanged or intended to be exchanged for a controlled substance. The money formerly belonged to claimant Jose Manuel Escamilla. On June 9, 2017, Escamilla was charged by criminal complaint with possession for sale of a controlled...

Excerpt: ...es in plaintiff Jian Chen's second amended complaint without leave to amend. Background: Plaintiff Jian Chen filed her original complaint in this action on August 9, 2017. The original complaint alleged only one named defendant, Automobile Club of Southern California (Auto Club). With Auto Club's demurrer pending, Chen filed a first amended complaint naming as a defendant “Interinsurance Exchange of the Automobile Club/Automobile Club of Southe...

Excerpt: ... $433.50, to be paid within ten days of the date of this order. BACKGROUND: This action arises out of a three-vehicle, rear-end accident that occurred at approximately 6:00 p.m. on February 27, 2017, on the southbound 101 freeway in Santa Barbara where the Los Positas on-ramp merges with the southbound traffic. Plaintiff Josefina Martinez was traveling at approximately 35 miles per hour in the number 3 lane (the lane farthest to the right) and wa...

Excerpt: ...: On April 27, 2018, plaintiff Tarek Suleimanagich filed his complaint against defendant Cherie Brenner for legal malpractice and unjust enrichment in the Los Angeles Superior Court. On Brenner's motion, the Los Angeles court transferred the case to this court. Suleimanagich alleges: Suleimanagich retained Brenner, a licensed California attorney, to represent him in a pending Santa Barbara Superior Court case (No. 1187545) pertaining to family la...

Excerpt: ...Rebecca McLean and proof of payment of the required fee to the State Bar of California is not filed with the court on or before July 10, 2018, the court will rescind its minute order dated April 25, 2018, granting the application of Kell C. Mercer to appear as counsel pro hac vice. Background: Plaintiff Jack Jevne filed his complaint against defendants Kevin Charles Boyle, Rebecca McLean, and Peter George Bertling. Jevne alleges that he loaned Bo...

Excerpt: ...17, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Rossi were passengers in a vehicle owned by defendant Arturo Gil Ramirez and driven by Ramirez's son, defendant Jose Martin Del Campo Gil, when the vehicle crashed on Gibraltar Road in Santa Barbara. On January 16, 2018, plaintiffs filed their original complaint for negligence and motor vehicle liability. Defendant Ramirez was personally served with the s...

Excerpt: ...'s former employment as Ranch Manager of property located at 2377 Refugio Road, Goleta. Plaintiffs are Michael Kong and Ninas y Vinas del Mar, LLC. MSC is scheduled for October 5 and trial confirmation for November 7, 2018. On March 14, 2018, plaintiff Kong served defendant with form interrogatories (“FI”) and requests for production of documents (“RFP”), set one. On April 27, 2018, defendant provided responses to the discovery. Plaintiff...

Excerpt: ...ound: On March 3, 2017, plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out ...

Excerpt: ...no intention of attending school. Ballantyne obtained the student loan funds, and cashed one or more of the checks without plaintiff's knowledge, and used the funds for his own non-educational purposes. Plaintiff alleges that she has sustained damage, in the form of injury to her credit, and numerous and continuing damages for repayment of the funds obtained by defendant. Plaintiff filed the complaint on August 15, 2017, while in pro per. Plainti...

Excerpt: ...dy to appear for deposition in Texas. The quashing of the subpoena does not affect the effectiveness of the notice of deposition to ADS to require ADS to produce deponent Kennedy for deposition as an officer or managing agent of ADS. The motion is further granted to order that the deposition of Kennedy is not to be taken until after the completion of the corporate deposition of ADS and after the completion of the deposition of Jane Huston. The pa...

Excerpt: ...no intention of attending school. Ballantyne obtained the student loan funds, and cashed one or more of the checks without plaintiff's knowledge, and used the funds for his own non-educational purposes. Plaintiff alleges that she has sustained damage, in the form of injury to her credit, and numerous and continuing damages for repayment of the funds obtained by defendant. Plaintiff filed the complaint on August 15, 2017, while in pro per. Plainti...

Excerpt: ...Inc., preventing the present filing of an answer or other response by that defendant. On May 21, 2018, defendant Catherin Ann (“Cat”) Cora filed a demurrer to the complaint of plaintiff Jacqueline Misho dba Misho Law Group and a motion to strike portions of the complaint. “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subje...

Excerpt: ...2377 Refugio Road, Goleta. In the course of that employment, defendant was issued a credit card designated for use to pay legitimate ranch-related purchase and expenses under $250, and expenses over $250 only when approved in advance. The complaint alleges that defendant breached his agreement by causing damage to property totaling more than $21,518, and by making excessive and unauthorized personal charges on the credit card totaling $8,979.83. ...

Excerpt: ...2016, in People v. Joel Michael Mears, Case No. 1443227 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS501668949 in the amount of $50,000. The docket and records of the criminal case reveal the following activity: On April 5, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On April 22, 2017, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfei...

Excerpt: ...S. Los Carneros Road in Goleta, he was burned by a dangerous and defective condition at the premises, consisting of hidden 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 neg...

Excerpt: ...rds and plaintiffs' counsel's fees and costs is likewise denied without prejudice. BACKGROUND: This is a putative class action wage and hour case. Plaintiffs Rebecca Amador and Nicolas Lum worked for defendant SB Menus as pick-up and delivery drivers in and around the City and County of Santa Barbara. SB Menus is a franchisee of defendant OrderUp, Inc., which is owned by defendant GroupOn, Inc. The SB Menus website (“SBMenus.com”) allows cust...

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

Excerpt: ...order, and shall have telephoned counsel for plaintiffs to discuss this motion. Plaintiffs shall file and serve any opposition or other response to motion (including any stipulation or statement of non-opposition) on or before June 27, 2018. Defendants shall file and serve their replies, if any, on or before July 3, 2018. Background: On January 16, 2018, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Ross...

Excerpt: ...injury to her teeth involving substantial dental work, for which Harrison seeks recovery as damages. On July 31, 2017, defendant The Vons Companies, Inc. (Vons) served two business records subpoenas to third party Paul Crawford, DDS, Harrison's dental expert and employer. (Thomas decl., ¶¶ 2, 4.) One subpoena sought actual billing and insurance records (with patient personal information redacted) for insured patients as to two dental procedure ...

Excerpt: ...71, whose addresses and contact information defendant Kevin Charles Boyle shall promptly confirm (either as the parties to whom notice is to be given under the affected settlement agreement or as of record in case number 1438671), with proof of service filed on or before June 12, 2018. Any opposition or other response to the motion shall be filed and served on or before June 27, 2018, and any reply shall be filed and served on or before July 3, 2...

Excerpt: ...ple v. Dagoberto Castro, Jr., 1493890. Background: On November 17, 2016, in People v. Dagoberto Castro, Jr., 1493890 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101702925 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On May 23, 2017, pursuant to Pe...

Excerpt: ...nd exonerate Bail Bond #FCS251703166 filed in People v. Degoberto Castro, Jr., 1446186. Background: On November 17, 2016, in People v. Degoberto Castro, Jr., 1446186 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS251703166 in the amount of $5,000. The docket and records of the criminal case reveal the following activity: On April 28, 2017, the court entered a bail bond forfeiture when the defendant...

Excerpt: ..., plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on Dec...

Excerpt: ...itials only are used), a custody deputy with SBSO. On June 17, 2013, RK was involved in an incident at the Santa Barbara County Jail in which he and another custody deputy allegedly used excessive force against an inmate while escorting the inmate from his regular cell to a more secure cell. Following an investigation of the incident, SBSO terminated RK from his employment. RK appealed his termination to respondent Civil Service Commission for th...

Excerpt: ...prenatal care, and that defendants negligently failed to properly examine, care for, screen, or inform her of MS-AFP testing, or otherwise diagnose his Down Syndrome and give her the option of abortion. The action is currently scheduled for a Trial Confirmation Conference on June 13, 2018. When the parties exchanged expert witness information, defendants designated Marc Incerpi, M.D., a perinatologist, and Paul Weber, M.D., an OB/GYN, to testify ...

Excerpt: ...Landing MHP, LLC, and Waterhouse Management Corp. Plaintiffs' operative pleading, their first amended complaint (FAC), alleges that defendants have failed to provide and maintain conditions at the Park as legally required and that defendants have interfered with plaintiffs' rights in the Park. Defendants generally deny the allegations of the FAC and assert affirmative defenses to the claims of the FAC. The parties have engaged in substantial disc...

Excerpt: ...at it as a nonstatutory motion despite doubts that the nonstatutory motion survives the recent adoption of section 439. The Court denies the Motion. Background: On October 29, 2015, plaintiffs Bagdasarian Insurance Group and Christopher Bagdasarian filed their original complaint in this action against defendant E. & J. Gallo Winery (Gallo). Following multiple demurrers, plaintiffs filed their operative pleading, their third amended complaint on J...

Excerpt: ...Family Trust (the Trust). (Complaint, ¶ 2.) In that capacity, San Pasqual owns an undivided 90 percent interest in real property located at 1015 Laguna Street, Santa Barbara (the Property). (Complaint, ¶¶ 1-2.) San Pasqual's interest in the Property is as tenant in common with defendant Candis Houser, who owns the remaining undivided 10 percent interest. (Complaint, ¶ 3.) Houser has expressed unhappiness with the recent efforts of San Pasqual...

Excerpt: ...i Meeks, Case No. 1478819; and exonerates Financial Casualty & Surety, Inc.'s Bail Bond # FCS101752654. Background: On April 27, 2017, in People v. Kumasi Meeks, Case No. 1478819 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101752654 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On May 8, 2017, the court entered a bail bond forfeiture when th...

Excerpt: ... of City of Simi Valley to present oral testimony in support of this motion is denied. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. (1) Case No. 16CV00578 In this case (case No. 16CV00578) (the Contract Action), N&A filed its action on May 5, 2014, in Los Angeles County for breach of cont...