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