Excerpt: ...rike allegations regarding and the prayer for exemplary damages in plaintiff Valentina Martinez's complaint without leave to amend. Analysis: Complaint: Plaintiff Valentina Martinez, by the through her parent and guardian ad litem Elias Sanchez, filed her complaint on July 20, 2020. (The complaint lists only Martinez as a plaintiff, through her guardian ad litem. However, at places in the complaint, there are references to “plaintiffs,” refer...

Excerpt: ...y, Trustees of the Nary Family Trust, Schedule C Separate Property dated March 28, 2012, and Mary M. Mooney, Trustee of the Mooney Trust dated June 4, 2010: Christopher E. Haskell, Emily B. Harrington, Price, Postel & Parma LLP For Defendants Maricel Gabriela Hines, individually and as Trustee of the Montecristo #2 Living Trust, UA dated September 24, 2015, and Hugo Roberto Garcia, individually and as Trustee of the Montecristo #1 Living Trust, U...

Excerpt: ...tiff Judith M. Jennifer L. Russell / Nicole A. Glassman / David J. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Hooman & Stone Attorneys for defendant Javier Jonathan Antunez Eve H. Korff / Alex Xilva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee, in both cases TENTATIVE RULINGS: The Antunez demurrer is overruled as to the willful misconduct cause of action, sustained with leave to ame...

Excerpt: ...ayfetz's first amended complaint with leave to amend. First Amended Complaint (FAC): Plaintiff Janet Kayfetz filed her original complaint in this case on December 18, 2019. In her FAC for professional negligence and lack of informed consent, Kayfetz alleges: In January 2012, Dr. Michael Gunson recommended that Kayfetz go to Dr. Jeffrey McClendon for treatment of her dental issues. From that date forward, McClendon collaborated with Gunson in Guns...

Excerpt: ...nt of plaintiff Housing Authority of the City of Santa Barbara for unlawful detainer without leave to amend. Background: On August 4, 2020, plaintiff Housing Authority of the City of Santa Barbara filed its complaint for unlawful detainer against defendants Adam Chapman and Zoe Chapman. (Sometimes plaintiff refers to Zoe Chapman in the complaint as Zoe Jones and that is how she is listed on the lease that is the subject of the action. Defendants'...

Excerpt: ... overruled. Defendant shall file and serve its answer to the complaint on or before November 9, 2020. BACKGROUND: Plaintiff Roic California, LLC brings this action against defendant Ribco, Inc. dba Woody's BBQ for breach of a written lease agreement involving premises located at 5112 Hollister Avenue, Santa Barbara, California 93111. Plaintiff alleges that defendant breached the written lease agreement by failing and refusing to pay the rent and ...

Excerpt: ...Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: self represented Tentative Ruling: The court denies the motion of plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP, and cross- defendant Mortgage Company of Santa Barbara, Inc. to enforce settlement agreement pursuant to CCP § 664.6. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (Pico), sued defenda...

Excerpt: ...TIVE RULING: Defendant Jessica Berry's motion for sanctions pursuant to Code of Civil Procedure Section 128.7 is denied. BACKGROUND: This is an action for (1) libel, (2) defamation per se, (3) intrusion, (4) intentional infliction of emotional distress, (5) unfair business practices, (6) elder abuse, (7) quantum meruit, and (8) unjust enrichment/restitution. Plaintiffs are David G. Bertrand (“Bertrand”) and his business manager, Dorothy Churc...

Excerpt: ...torney Fees (3) Motion of Defendants for Award of Attorney Fees ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar ...

Excerpt: ...s granted. Plaintiff is awarded attorney's fees and costs in the amount of $145,412.04. BACKGROUND: On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. for the principal sum of $653,466.27. The loan was documented by a promissory note executed by Ultimate Brands' president, defendant William Scott Griffiths (“Griffiths”). Concurrently with the execution of the note, Griffiths ...

Excerpt: ...Office for defendants TENTATIVE RULING: The demurrer is sustained, in its entirety, without leave to amend Procedural Background: This action arises from the death of Heidi Swiacki, an ALS patient for whom plaintiff Wanda Nelson (Plaintiff or Nelson) was a caregiver. Nelson was indicted for Swiacki's murder by the grand jury, along with Swiacki's mother, Marjorie Good. She was ultimately convicted of the lesser offense of involuntary manslaughter...

Excerpt: ...ristol Farms dba Lazy Acres Market Stephen P. Soskin for Defendant HUB International Insurance Services, Inc. TENTATIVE RULING: Plaintiff Dr. Jeffrey B. Panosian's motion for protective order is denied. BACKGROUND: This is a lease dispute involving insurance coverage. Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian are the owners of real property located at 302 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Mark...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ...ompel ATTORNEYS: Christopher B. Dalbey, Deputy District Attorney, for Plaintiff the People of the State of California E. Patrick Morris for Defendants Summerland Market, Inc. and Elian Hanna TENTATIVE RULING: The court will grant the People's motion, as modified. Defendants Summerland Market, Inc. and Elian Hanna are ordered to provide further responses, without objections, to the People's form interrogatories and inspection demands, together wit...

Excerpt: ... the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1120.) Except where matters are specifically permitted to be shown upon information and belief, each affidavit or declaration must show that the affiant or declarant, if sworn as a witness, can testify competently to the facts stat...

Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...

Excerpt: ... Peter M. Wucetich of Homan & Stone, Attorneys for defendant Javier Jonathan Antunez. TENTATIVE RULING: The motion is granted; defendant Antunez need not respond to pending discovery, and any future discovery propounded against Antunez in the case is stayed until further order of the court. If the criminal proceedings have not resolved within 6 months, the Court will reassess the propriety of this order. Plaintiff's request for sanctions is denie...

Excerpt: ...ng Discovery into Plaintiff Sierra Saragosa's Sexual History (2) Motion of Defendant HMBL LLC to Compel Deposition of Third Party Witness Suzan Kirkland ATTORNEYS: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach Sueanne D. Chadbourne, Beach Cowdrey Jenkins, LLP For Defendant HMBL, L...

Excerpt: ... for attorney's fees is granted. Defendant is awarded fees in the amount of $39,327.00. BACKGROUND: Plaintiff Grace Design Associates, Inc. (“GDA”) is a landscape design firm. Defendant Mark T. Coffin (“Coffin”) is an attorney. In September 2010, GDA and Coffin entered into a written contract by which Coffin agreed to provide legal and business services to GDA, including reviewing and revising its existing design and construction contract...

Excerpt: ...l, Nussbaum & Polakov For Defendant Daniel Stawiecki: Scott L. MacDonald, Ivette Kincaid, MacDonald & Cody, LLP For Defendant Manifest Building, Inc., dba Ecolawn SB: Darren W. Epps, Epps & Gilroy LLP TENTATIVE RULING: The motion of defendant Daniel Stawiecki to strike portions of plaintiffs' complaint is denied. Defendant Stawiecki shall file and serve his answer to the complaint on or before October 13, 2020. Background: As alleged in plaintiff...

Excerpt: ...chis Balcazar: Brian Chase, Scott Ritsema, Bisnar Chase; Hussein A. Chahine, Chahine Law, APC For Defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Inc., Noe Santos Garza, David Ancelmo Patoja Ortiz, Jesus Pantoja, and Rebecca Pantoja: Jerri L. Johnson, Natasha A. Kader, Acker & Whipple For Defendant Ford Motor Company: Daniel S. Rodman, Sara G. Odegaard, Chariese R. Solorio, Snell & Wilmer LLP; Mary Quinn Cooper, Andrew L. Richardso...

Excerpt: ...s overruled in its entirety. Defendants are directed to file their answer to the FAC on or before October 8, 2020. Background: Plaintiff Normal Colavincenzo (Colavincenzo) filed this action on February 4, 2020. His operative First Amended Complaint (FAC), filed June 9, 2020, alleges causes of action for (1) violation of Labor Code section 970, and (2) fraud by false promise. It names as defendants ShelterBox USA, Inc. (ShelterBox), a Florida corp...

Excerpt: ...or defendant John Kenney Construction, Inc. George Knopfler of Hamrick & Evans LLP for defendant Big Red Crane Company, Inc. TENTATIVE RULING: The motion is granted, and this action is set for ta Case Management Conference on January 19, 2021, the date that the case would otherwise be entitled for preferential commencement of trial, with the understanding that it will not go forward on that date, but will be set in accordance with rules governing...

Excerpt: ... First Amended Complaint ATTORNEYS: Gary Ho for Plaintiff Sebastian Gupta Nina J. Kim for Defendant Mazda Motor of America, Inc. TENTATIVE RULING: Defendant's demurrer to plaintiff's third and fourth causes of action for breach of implied warranty under the Song-Beverly Consumer Warranty Act and unjust enrichment is sustained without leave to amend. As to plaintiff's remaining claims, defendant's demurrer is overruled. Defendant's motion to strik...

Excerpt: ...urk & Burk For Defendants Richard Acosta, Eric Clarke, Inception Altanova Sponsor LLC, Inception Altanova LLC, and Altanova, LLC aka Raia Altanova LLC: James L. Greeley, Alexander R. Safyan, VGC, LLP For Defendants Michael Steinberg and Zevo Drive Holdings, LLC: Michael V. Mancini, John V. Shenk, Lilit Mkrtchyan, Mancini Shenk LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Richard Acosta, Eric Clarke, Inception A...