Excerpt: ...ventually to defendant Morgan Stanley Mortgage Loan Trust. On November 27, 2019, Morgan Stanley Loan Trust caused a Notice of Default and Election to Sell under the $74,000 deed of trust. On March 11, 2020, a Notice of Trustee's Sale was recorded for the $74,000 deed of trust. On January 12, 2021, plaintiff submitted a Complete Loan Modification Application (“LMA”) to defendant Specialized Loan Servicing LLC, (SLS) which provided loan service...

Excerpt: ...laintiff Sunbelt Rentals, which is a material and equipment supplier to the construction trade, to supply materials on credit for the improvement of 3333 Avena Road. (Complaint, ¶ 6, Exh. 3.) On April 30, 2018, BMI defaulted under the terms of the contract and $19,064.32 remains due, plus interest. On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic's lien against Gwen Hauenstein, Gary Hauenstein; and (2) breach of c...

Excerpt: ...operty is located at the southwest intersection of Betteravia Road and the 101 Freeway. It is currently occupied by Conserv Fuel and Popeye's Restaurant. However, at the time the ground lease was acquired, the Property and most of the surrounding land was farmland with little development. In 1971, GDC secured a sublease with Texaco to operate and rent a service station to be constructed on one parcel of the Property (the “Texaco Sublease”). A...

Excerpt: ...MB are currently in bankruptcy proceedings pending in the United States Bankruptcy Court for the Central District of California, Northern Division bearing Case No. 20-bk-11208-MB (“FMB's Bankruptcy Case”) and Case No. 20-bk-11263-MB (“Jaime's Bankruptcy Case”). Plaintiff obtained relief from the automatic stay in the FMB Bankruptcy Case for the express purpose of proceeding with this collection action. Plaintiff loaned FMB $750,000 on Jul...

Excerpt: ... that defendant filed a reply to each motion on May 18, 2021. Usually, this would be sufficient to permit review of the merits. But things are not as they appear. Code of Civil Procedure section 1005 requires that motions be served “and filed” at least 16 court days before the hearing (extended for service). (Code Civ. Proc., § 1005, subd. (b).) This timing requirement applies to both demurrers and motions to strike. The statute permits a tr...

Excerpt: ...nts) Filed September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing s...

Excerpt: ...described as “ADA Multi Trade” at Arbor Square Apartments, located at 800 North G Street, Lompoc, California (“Project”) for the price of $453,622.00. On or about July 16, 2020, Wilshire sent a “Notice of Termination” to Build It, terminating the Subcontract. At that time, there existed a past due balance of payments owed to Build It for the Project, which Wilshire has failed to pay. The FAC contains the following causes of action: (1...

Excerpt: ...tasked by the Business Committee to oversee and operate all tribal businesses, issued Resolution No. EB-15 declaring that the pandemic “is causing harm to people and the natural environment”, and that there “is an increasing occurrence of COVID-19 in California, Santa Barbara County, and the Santa Ynez Valley, which is causing physical loss or damage to property on or near tribal lands, including, without limitation, the Chumash Casino and ...

Excerpt: ... September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing several att...

Excerpt: ...r of violations of Government Code section 12940, et seq., including discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in good faith interactive process), declaratory relief, wrongful termination in violation of public policy, violations of wage and hour laws under the Labor Code (including unpaid overtime wages, failure to provide meal and rests periods...

Excerpt: ...with leave to amend on one ground only, directing petitioner to remove the Planning Commission as a party from this lawsuit (as to both causes of action), as it was involved only in preliminary determinations. The court overruled all other grounds advanced by respondents, for the reasons detailed in that order. Petitioners filed a second amended petition for writ of mandate, complying with the court's order, but adding a third cause of action for...

Excerpt: ... 5, 2016, in response to the Complaint filed by Rancho Ynecita Homeowners Association, James Nicholas filed a small claims suit against Rancho Ynecita Homeowners Association. Mr. Nicholas also named several individual members of that association as defendants. That case was dismissed by stipulation as noted in the Order After Hearing filed on August 5, 2020. On November 3, 2016, Rancho Ynecita Homeowners Association filed a motion for preliminary...

Excerpt: ...to her supervisor and to an additional supervisor in or around June 2017. Elkhorn did not rehire plaintiff after her second season of employment despite otherwise satisfactory work performance. Her complaint was filed on August 25, 2020, and alleged the following causes of action: (1) sexual harassment in violation of FEHA; and (2) retaliation in violation of FEHA. Defendant filed its demurrer on December 30, 2020, arguing that plaintiff had fail...

Excerpt: ...and amends a “Digest of Laws,” including its Constitution, By-Laws, Articles of Incorporation, and Grange Laws and Usage, all of which are binding upon all constituent units and individual members of the Order, including Subordinate Granges. A State Grange is subordinate to the National Grange. Each State Grange adopts and amends its own rules, which may not conflict with the Digest of Law and which are binding upon all members of the State G...

Excerpt: ...ubdivision (e), which prevents a homeowner association from prohibiting display of a political campaign sign; as well as violations of the Quail Meadow East Community Guidelines, 13.3 and 13.6 (hereafter, Guidelines); 2) in the second, a claimed violation of the Unruh Act pursuant to Civil Code section 51, et seq.; and 3) in the third, a claimed violation of Fair Employment and Housing Act (FEHA) pursuant to Government Code section 12955.8, by co...

Excerpt: ...e Nuns lived on the Ranch, and acted as agents for defendants and generally oversaw its management. V. Torres started living and working on the Lompoc Ranch on January 23, 2015. V. Torres Jr. started working on the Ranch in approximately February 2015 and started living on the Lompoc Ranch in approximately June of 2015. They constructed and repaired buildings and systems, performed maintenance, tended livestock, oversaw agricultural lands, and ge...

Excerpt: ...), and declaratory relief. In 2000, Lompoc and District entered into an “Annexation Agreement” in which the District would provide water and wastewater services to the residences (at that point undeveloped) that were part of the “Burton Ranch Project” (hereafter, the project). According to the first amended complaint, the project “is now at the point where water and wastewater services are needed[,]” and District does not have “and ...

Excerpt: ...n of privacy and unlawful eavesdropping in violation of Penal Code section 632 (Nohr defendants only); invasion of privacy – public disclosure of private facts (all defendants); intentional infliction of emotion distress (all defendants); and negligent infliction of emotional distress (all defendants). A) The Verified First Amended Complaint According to the first amended complaint, plaintiff, the Nohr defendants, and Bardessono are neighbors; ...

Excerpt: ...rnie's death, defendants Edgar Vea and Sonia Vea[1] and Alexander Lazo[2] developed an interest in having a closer relationship with Sophie, apparently with the objective of becoming beneficiaries of her estate. To that end:  Defendants allegedly made statements to the SMPD, prompting a welfare investigation on June 8, 2020, claiming Maribel attempted to force Ernie and Sophie to transfer title vehicles and/or real estate and further that Sonn...

Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...

Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...

Excerpt: ... §§ 1194 and 1198); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 20...

Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...