Excerpt: ...rk Gilbert, M.D.: James M. Burgess, Melissa M. Mikail, Sheppard, Mullin, Richter & Hampton LLP TENTATIVE RULING: For the reasons set forth herein, this action is stayed pending the disposition of Change Healthcare Practice Management Solutions, Inc., et al., v. Schoengold, et al., Ventura County Superior Court case No. 56-2020-00541602-CU-BT-WA. Background: On April 17, 2020, plaintiffs Alan Schoengold, M.D., Prof. Corp. dba SeaView IPA (Medical ...

Excerpt: ...dants Frederick A. Aspenleiter and Aspen Custom Interior Woodworking, Inc. TENTATIVE RULING: The Court will grant the motion in part, and award Aspen the amount of $28,890 in attorneys' fees, and will deny the motion in pary, denying any greater amount of fees, and denying the request for further imposition of the 2% per month penalty. Background: This action concerns a contract for the installation of custom cabinetry. In October 2014, plaintiff...

Excerpt: ...orporation Richard H. Glucksman for Cross-Defendant and Cross-Complainant McCoy Electronic Corporation Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and Stuart Rubin TENTATIVE RULING: The motion of Plaintiff McCoy Electric Corporation for an order severing its complaint for fees from the cross-complaint for construction defects filed by defendants Annette Rubin and Stuart Rubin is denied. BACKGROUND: This action arises...

Excerpt: ... is granted. Judgment shall be entered in favor of plaintiff and against defendant William Scott Griffiths the sum of $438,741.96, plus attorney's fees and costs, which shall be determined by separate motion. BACKGROUND: This is an action for breach of a written guaranty agreement. On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. (“Ultimate Brands”) for the principal sum of...

Excerpt: ...he March 11, 2020 arbitration award. The court will enter the proposed order of judgment submitted to the court on July 22, 2020. In item 2 of the proposed order of judgment, the court will add the amount of $1,627.30. Discussion: Petitioner RHC Construction, Inc., seeks confirmation of a contractual arbitration award against respondent Edward Paquette, dba Doors Are Us. The parties had entered into a Construction Contract and agreed to arbitrati...

Excerpt: ...ndants TENTATIVE RULING: The motion is granted. Background: This is an action for violations of the Private Attorneys General Act (PAGA). After identifying potential Labor Code claims against defendants, plaintiff sent a statutory notice to the California Labor and Workforce Development Agency (LWDA) declaring her intent to proceed with enumerated Labor Code claims on behalf of herself and other aggrieved employees. An amended notice was set two ...

Excerpt: ... Iaian Filippini: Adam M. Zolonz, Jeffrey A. Zolonz, Stephen Parnell, Law Offices of Adam Zolonz For Defendant Tesla, Inc.: Soheyl Tahsildoost, Theta Law Firm, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer of defendant Tesla, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action of the complaint of plaintiffs Alexandro Filippini and Iaian Filippini. Plaintiffs shall file and serve ...

Excerpt: ...n & Pulverman) For Defendant: Tracy M. Lewis (Wood, Smith, et al. – Aliso Viejo) Tentative Ruling: The court denies petitioner Cynthia Stebbins's petition to compel underinsured motorist arbitration and to appoint arbitrator. Background: Plaintiff Cynthia Stebbins obtained Umbrella Policy No. U1A2UB1167412-01 from defendant American Alternative Insurance Corporation (“AAIC”) for the period of January 20, 2017, to January 20, 2018. The umbre...

Excerpt: ... Mercury Bowl, LLC's Motion to Quash Service of Summons and Second Amended Cross-Complaint Attorneys: For Plaintiff/Cross-Defendant Pico Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: represents self For Cross-Defendant Baschung: Brian Smith (Manning & Kass, et al. – Los Angeles) For Cross-Defendants Shabani, Optimus Properties, Green Rivera, and Mercury Bowl: K. Joseph Shabani ...

Excerpt: ...ion for preliminary injunction is denied. The TRO issued by this court on June 17, 2020, restraining and enjoining defendant, and all of her agents, from transferring, distributing, or otherwise disposing of the funds and other assets seized by law enforcement is ordered dissolved. BACKGROUND: Plaintiff Cindy M. Hann is a professional child-visitation supervisor. At the time of the events in this case, plaintiff was supervising a twelve-year-old ...

Excerpt: ...duce Documents 2. Motion to Compel Responses Without Objection to Plaintiff's First Set of Special Interrogatories 3. Defendants' Motion to Quash or, in the Alternative, to Modify Plaintiff's Deposition Subpoena for Production of Business Records to First Republic Bank and Request for Monetary Sanctions Against Plaintiff and/or Its Counsel Attorneys: For Plaintiff: Jacqueline N. Anker For Defendants: Keven Steinberg (Sherman Oaks) Tentative Rulin...

Excerpt: ...TORNEYS: Alan D. Condren for Plaintiff Jonas Svensson Steven M. Selna for Defendants i073 Investments, Inc., Tristan Strauss, and Brian Casey 1. Motion to Compel Arbitration TENTATIVE RULING: Defendants' motion to compel arbitration of plaintiff's sixth and seventh causes of action for breach of contract and declaratory relief is granted. The arbitrable claims, however, are ordered stayed pending trial of plaintiff's first through fifth causes of...

Excerpt: ... court grants plaintiff City of Goleta's Motion for Prejudgment Possession. The court will sign the proposed order that plaintiff submitted on March 17, 2020. Background: On March 10, 2020, plaintiff City of Goleta filed a complaint in eminent domain to acquire a fee interest, a permanent easement for flood control and drainage interest, and two temporary construction easement interests in portions of property located at 490 S. Fairview Avenue in...

Excerpt: ...nvestments, Inc., Tristan Strauss, and Brian Casey TENTATIVE RULING: Defendants' motion to compel arbitration of plaintiff's sixth and seventh causes of action for breach of contract and declaratory relief is granted. The arbitrable claims, however, are ordered stayed pending trial of plaintiff's first through fifth causes of action. BACKGROUND: Plaintiff Jonas Svensson (“Svensson”) is a current shareholder and former employee of defendant i0...

Excerpt: ...n for Writ of Mandate and Cross-Complaint for Injunctive Relief, Declaratory Relief, and Civil Penalties Attorneys: For Plaintiff: Duff Murphy (Oliver, Sandifer & Murphy – Manhattan Beach); Scott Greenwood (Deputy County Counsel) For Defendant: Todd A. Amspoker (Price, Postel & Parma) Tentative Ruling: 1. The court denies plaintiff County of Santa Barbara's motion for order for prejudgment possession under CCP § 1255.410. 2. The court overrule...

Excerpt: ...l motion to strike the complaint under Code of Civil Procedure Section 425.16 is denied. BACKGROUND: Plaintiff Alexandro Filippini is an investment advisor and the owner of Filippini Wealth Management, Inc. (“FWM”). FWM has a Facebook homepage that invites comments and reviews from current and former clients. Sometime between December 16 and December 18, 2018, defendant Jean Avrick, a former client, posted a review on FWM's Facebook page, acc...

Excerpt: ...rphy For Defendants Lawrence P. Grassini, Trustee or any Successor Trustee of the Lawrence P. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP TENTATIVE RULING: Th...

Excerpt: ...laintiff: Scott A. Ritsema (Bisnar Chase – Newport Beach); Renee J. Nordstrand (NordstrandBlack PC) For Defendant/Cross-Complaint/Cross-Defendant SCE: Jason M. Booth, et al. (Booth LLP – Los Angeles); Laura A. Meyerson (Rosemead) For Defendant/Cross-Complaint/Cross-Defendant Utility Tree Service: Jeffrey N. Leader, et al. (Maranga Morgenstern – Woodland Hills) For Defendant/Cross-Complaint/Cross-Defendant CN Utility Consulting: Domineh Faze...

Excerpt: ... RULING: As explained below, the demurrer to the first cause of action for malicious prosecution and the second causes of action for intentional infliction of emotional distress are sustained on immunity grounds, with leave to amend. To the extent that the third cause of action for negligence is based upon the individual defendants' general negligence, it is also sustained on immunity grounds, with leave to amend. To the extent the third cause of...

Excerpt: ...rogatories, Set One, From Defendant Union Pacific Railroad Company and Request for Sanctions 2. Motion to Compel Further Responses to Special Interrogatories, Set One, From Defendant National Railroad Passenger Corporation dba Amtrak and Request for Sanctions Attorneys: For Plaintiff: Anthony E. Vieira (Berglund & Johnson – Woodland Hills) For Defendants Amtrak and Union Pacific: Brock Christensen (Sims Law Firm – Irvine) Tentative Ruling: 1....

Excerpt: ...fense, and to stay discovery on all other issues Defendant Starr Indemnity & Liability Co.'s motion to bifurcate and stay bad faith claim, and for protective order precluding discovery on bad faith ssues until the issue of coverage has been determined. ATTORNEYS: Linda Kornfeld / Anna K. Milunas of Blank Rome LLP and A. BarryCappello / Lawrence J. Conlan of Cappello & Noël LLP for plaintiffs Passport 420, LLC, Spring Creek Research, LLC, and Wil...

Excerpt: ...Lingham, and OCB Solvang, LLC Randall J. Dean for Defendant McGowan Guntermann, a California Corporation TENTATIVE RULING: Plaintiffs' motion for summary adjudication of the issue of duty is granted as set forth herein. Defendant's motion for summary judgment or adjudication is denied. BACKGROUND: This is an action for alleged accounting malpractice. Plaintiffs Frank Barranco (“Barranco”) and Thomas Lingham (“Lingham”) have been friends a...

Excerpt: ...z & Assoc. – Sherman Oaks) For Defendant: James M. Peterson, Geoffrey M. Thorne (Higgs Fletcher & Mack – San Diego) Tentative Rulings: 1. The court grants plaintiff Rosalva Carachure's motion to compel further responses to special interrogatories and orders defendant O'Reilly Auto Enterprises, LLC, to provide further responses to special interrogatories ## 20, 21, 40, 41, 44, and 45, on or before June 25, 2020. Defendant O'Reilly Auto Enterpr...

Excerpt: ...of attorneys' fees and costs and awards defendant the sum of $16,913.70 payable by plaintiff Jane Doe to Felix & Killen, Attorneys at Law, for the benefit of Peter S. Clark, due no later than June 30, 2020.. Background: This action stems from a sexual relationship between plaintiff Jane Doe (fictitious name) and defendant Peter Searle Clark. Plaintiff alleges that defendant intentionally and surreptitiously video and tape recorded their sexual en...

Excerpt: ...n S. Lucas, Deputy District Attorney For Defendants/Cross-Complainants Elian Hanna and Summerland Market: E. Patrick Morris Tentative Ruling: The court denies the motion of defendants/cross-complainants Elian Hanna and Summerland Market, Inc., for relief from order compelling responses to interrogatories and inspection demands. Elian Hanna and Summerland Market, Inc., shall comply with the court's February 26, 2020. Background: On February 26, 20...

Excerpt: ...a Pantoja to the Kinda FAC (3) Defendant Ford Motor Company's motion for admission pro hac vice for Andrew L. Richardson (4) Defendant Ford Motor Company's motion for admission pro hac vice for Mary Quinn Cooper ATTORNEYS: John Hunter for plaintiffs Nadia Kinda, Vlad Kinda, and Salomat Khasanova Jerri L. Johnson / Natasha A. Kader of Acker & Whipple for defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Noe Garza, David Ancelmo Pantoj...

Excerpt: ...Strike Portions of Second Amended Cross-Complaint Cross-Defendant Wolf Baschung's Demurrer to Second Amended Cross-Complaint Cross-Defendant Wolf Baschung's Motion to Strike Portions of the Second Amended Cross-Complaint Special Motion to Strike Second Amended Cross-Complaint (Anti-SLAPP) Motion for Good Faith Settlement Determination Attorneys: For Plaintiff/Cross-Defendant Pico Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric ...

Excerpt: ... Documents ATTORNEYS: For Plaintiffs Janice Feldman and 661 Park Lane LLC: Fred J. Knez, Andrew J. Knez, Matthew J. Knez, Knez Law Group, LLP For Defendants The Viking Corporation, Viking Group, Inc., and Supply Network, Inc.: John W. McConnell, III, Kenton L. Robinson, Meyers McConnell Reisz Siderman TENTATIVE RULINGS: (1) The motion of defendant The Viking Corporation for a protective order is denied. The court grants the request of plaintiffs ...

Excerpt: ...Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...

Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...

Excerpt: ...laintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: (1) The motion of cross-defendant Construction Plumbing to compel further responses to inspection demands is...

Excerpt: ...ponses to requests for inspection of documents, to compel production, and for sanctions of $5,439 Plaintiff's motion to compel further responses to requests for admissions and for sanctions of $5,243.50 ATTORNEYS: Mark L. Eisenhut / Samuel G. Brooks of Call & Jensen for plaintiff Anthony J. Barron / Conor C. McNamara of Nixon Peabody LLP for defendant TENTATIVE RULINGS: All three motions are granted, in the manner articulated below. Further suppl...

Excerpt: ...-complaint for breach of contract and elder abuse is sustained with leave to amend. Cross-complainant shall have to and including March 4, 2020 to file an amended pleading. BACKGROUND: Plaintiff Andre Neumann (“Andre”) is the son of defendant Gisela Neumann (“Gisela”) and together they are co-owners of a single family residence located at 6175 Manzanillo Drive, Goleta, California 93117 (the “Property”). The Property is encumbered by a...

Excerpt: ...Dismissal with Prejudice and Motion for Sanctions against Defendant's Attorney for Purposely Violating California Rules of Court, Rule 3.1308, subdivision (a)(1). ATTORNEYS: Angelina R. Lane for Plaintiff Jane Doe Daniella T. Felix for Defendant Peter Searle Clark TENTATIVE RULING: Plaintiff's motion for reconsideration of the court's order dismissing her second and fifth causes of action with prejudice is denied. Plaintiff's motion for sanctions...

Excerpt: ...-Defendants Mortgage Co. of Santa Barbara and Carl Lindros: Eric A. Woosley For Defendant and Cross-Complainant Henry Aguila: Self-represented For Cross-Defendant Forward Beverly Hills, Inc., dba Keller Williams Realty and dba Keller Williams Commercial: Andrew L. Leff, Spile, Leff & Goor, LLP For Specially-Appearing Cross-Defendants Wolf Baschung, Guru Thapar, and Forward Beverly Hills, Inc.: Rinat Klier-Erlich, Michael Zaiderman, Manning & Kass...

Excerpt: ...Cross-Complainant Tami Kerrigan: Jana S. Johnston, Daniella R. Scioscia-Regencia, Mullen & Henzell LLP TENTATIVE RULING: The demurrer of cross-defendant Allen Cohen to the cross-complaint of Tami Kerrigan is overruled in its entirety. Cohen shall file and serve his answer to the cross-complaint on or before February 25, 2020. Background: As alleged in the cross-complaint: Cross-complainant Tami Kerrigan and cross-defendant Allen Cohen's late wife...

Excerpt: ...es, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant Mark T. Coffin to the first amended complaint, and to all causes of action therein, is sustained with leave to amend. Plaintiff Grace Design Associates, Inc., shall file and serve its second amended complaint, if it elects to do so, on or before February 19, 2020. Background: Defendant Mark T. Coffin (Coffin) is ...

Excerpt: ...efendant City of Lompoc: Matthew K. Tom (Aleshire & Wynder – El Segundo) For State of Cal. Defendants: Gary Ostrick, Deputy Attorney General Tentative Ruling: 1. The court Sustains defendant City of Lompoc's demurrer to the first amended complaint of plaintiffs Brett Jerome Bronstad; Sarah Bronstad; Jessica G. Garcia, an individual and successor in interest to decedent Michael Garcia; and Michael H. Garcia, an individual and successor in intere...

Excerpt: ...itzki TENTATIVE RULING: The motion of defendant Dorota Lositzki to compel arbitration of the claims alleged in plaintiffs' second amended complaint is granted. All proceedings in this court are ordered stayed pending completion of the arbitration. Defendant's request for attorney's fees is denied. BACKGROUND: Plaintiff Montecito Care & More, Inc. (“MCM”) is a California corporation that provides assisted living facilities and personal care fo...

Excerpt: ... al. – Los Angeles) Tentative Ruling: The court denies defendant Santa Barbara Cottage Hospital's petition to compel arbitration and stay all civil court proceedings. Background: On December 4, 2018, plaintiff Onkar Singh filed his complaint against defendants Allied Health Resources, Inc., Santa Barbara Cottage Hospital, and Kevin Saiki. On November 13, 2019, Singh filed his first amended complaint (FAC) against Cottage and Doe defendants (the...

Excerpt: ...istant City Attorney, for Respondents City of Santa Barbara and Brian D'Amour Janet K. McGinnis for Real Parties in Interest Herbert Barthels and Herbert E. Barthels Trust TENTATIVE RULING: The motion of petitioners to tax real party in interest's costs in the amount of $48.00 and $15.00 (items 15 and 16 on the memorandum of costs) is granted. In all other respects, petitioners' motion to strike or tax costs is denied. BACKGROUND: On March 28, 20...

Excerpt: ... C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendants County of Santa Barbara, Patricia Dark, and Joseph J. Lockhart to sever trial is denied. Background: On September 4, 2015, plaintiff Stacy McCrory filed her original complaint in this action against defendants County of Santa Barbara (County) and Patricia Dark asserting causes of action for: (1) defamation; (2) neglig...

Excerpt: ...ette Rubin to Cross-Complaint of Construction Plumbing (2) Motion of Cross-Defendant Construction Plumbing ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TEN...

Excerpt: ..., and Malgorzata Laszuk: Matthew M. Clarke, Jason P. Koch, Kelley Clarke, PC For Defendant Dorota Lositzki: Beatriz Pimentel Flores TENTATIVE RULING: The application of plaintiffs Montecito Care & More, Inc., Radoslaw Laszuk, and Malgorzata Laszuk for issuance of a temporary restraining order and for issuance of an order to show cause re issuance of a preliminary injunction is denied without prejudice to the filing of a noticed motion for prelimi...

Excerpt: ...er, and Olivia Schoer Family Trust: Rafael Gonzalez, Nathan E. Klouda, Mullen & Henzell L.L.P. For Defendant and Cross-Complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust: Robert B. Locke TENTATIVE RULING: The motion of defendant and cross-complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust, to strike or to tax costs is denied. The court affirm...

Excerpt: ...t Forum (2) Application of Plaintiffs for Preliminary Injunction ATTORNEYS: For Plaintiffs Alan Parsons and Appertaining LLC: Jeffrey D. Goldman, Rod S. Berman, Remi T. Salter, Jeffer Mangels Butler & Mitchell For Defendants John Regna and World Entertainment Associates of America, Inc.: Sean E. Macias, Macias Counsel, Inc. TENTATIVE RULING: (1) The motion of defendants John Regna and World Entertainment Associates of America, Inc., to quash serv...

Excerpt: ...ndants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: The motion of cross-defendant The Las Canoas Co. dba Construction Plumbing for an order establishing the sequence of discovery is denied. Background: This action arises from construction work performed by plaintiff McCoy Electric Corpo...

Excerpt: ...efendant Stalwart Clean and Sober, Inc. TENTATIVE RULING: The motion is granted in part and denied in part, as articulated below. No sanctions are awarded. Background: This is an action for the wrongful death of John Charles Strumpfler (decedent), brought by his parents, John Strumpfler and Tracy Morris (plaintiffs). Decedent was a parolee with a severe heroin addiction, who died from a heroin overdose on March 24, 2017, while residing at a sober...

Excerpt: ... Plaintiff's motion to strike costs is denied. Defendants are awarded costs in the sum of $473.80. BACKGROUND: This is an unlawful detainer action. On July 25, 2017, defendants Jeff Thompson and Valerie Barlow entered into a written rental agreement for a studio apartment owned by plaintiff Lorene Cleary, located at 126 Loureyro Road, Studio L, Santa Barbara, California 93108. The term of the rental agreement was month-to-month, with the rent of ...

Excerpt: ...led on his special motion to strike plaintiff's second and fifth causes of action for violation of Civil Code Section 1708.85 and civil extortion had plaintiff not voluntarily dismissed the two claims while the special motion to strike was pending and awards defendant his reasonable attorney's fees and costs related to the motion. Such fees and costs shall be determined by a separately noticed motion or as part of defendant's cost memorandum at t...