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...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...