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: ...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: ...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 Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3.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: ...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: ...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: ... 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: ...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: ...'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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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...