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: ...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: ... $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: ...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: ...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: ..., 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... $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...