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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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...