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: ... 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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...