Excerpt: ...am Kundu: Thomas D. Sands TENTATIVE RULING: The motion of plaintiff Discover Bank for summary judgment is granted. Plaintiff Discover Bank is entitled to judgment in its favor against defendant Anupam Kundu in the principal amount of $30,712.93. Plaintiff shall give written notice of this order. Background: On February 1, 2022, plaintiff Discovery Bank filed its complaint in this action against defendant Anupam Kundu asserting causes of action fo...

Excerpt: ... Relations, Division of Labor Standards Enforcement For Defendant and Appellant Heritage Recovery, Inc.: Leslie A. McAdam, Ferguson Case Orr Paterson LLP TENTATIVE RULING: The court grants the motion and awards attorney's fees in the amount of $40,950 in favor of plaintiff and respondent Perla Lopez and against defendant and appellant Heritage Recovery, Inc. In addition, the clerk shall enter costs on the judgment in the amount of $755.24. Backgr...

Excerpt: ...shen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC: Adam C. Rapaport TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the complaint of plaintiff PRJKT Concessions Inc., is sustained, with leave to amend, as to the first, second, third, and fifth causes of action and is overruled as to the fourth cause of action. Plaintiff shall file and serv...

Excerpt: ...��Aguilar: Self represented For Defendants Saint Barbara Parish (erroneously sued as Roman Catholic Archbishop of Los Angeles, a California corporation sole, for and on behalf of Saint Barbara Parish, also known as Old Mission Santa Barbara, without prejudice to Canon Law), Father Dan Lackie, and Roy Spicer: Daniel W. Bir, Matthew R. Groseclose, Joel C. Gerson, Polsinelli LLP TENTATIVE RULING: Defendants' motion is denied. Background: Plaintiff H...

Excerpt: ...zandeh, Cory T. Baker, Reicker, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is overruled. Defendants shall file and serve their answer to plaintiffs' First Amended Complaint on or before September 9, 2022. Background: Plaintiff Edward St. George, Trustee of the Edward St. George Revocable Trust Dated May 16, 2002 (St. George) filed a verified co...

Excerpt: ...e, M.D.'s Motion For Relief From Dismissal Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defe...

Excerpt: ...al Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defendant and Defendant Financial Credit Net...

Excerpt: ...nts Evgenia Quaid and Randall Quaid are self‐represented TENTATIVE RULINGS: The motion to dismiss the FAC is denied. The motions to compel escrow documents have been withdrawn by the moving defendants; both requests for sanctions are denied. Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C. Turicchi. At that time, the complaint alleged a cause of a...

Excerpt: ...For Defendant and Cross‐Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross‐Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: The demurrer of cross‐defendant L.A. Models, Inc., to the first amended cross‐complaint of Brighton Collectibles, LLC, is overruled in its entirety. L.A. Models, Inc., shall file and serve its answer to t...

Excerpt: ...rt W. Selna of Selna Partners and Naomi R. Dewey/ Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the for...

Excerpt: ...TIVE RULING: The motion for summary judgment is denied. Background: This is a personal injury action, filed by plaintiff on April 23, 2021, and naming the City of Santa Barbara and County of Santa Barbara as defendants. (The County of Santa Barbara has never appeared in the action.) The complaint alleges a cause of action for premises liability based on the dangerous condition of public property. It alleges that on May 13, 2020, plaintiff was inj...

Excerpt: ...tective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: The Court continues the hearing on plaintiff's motion to September 12, 2022. Plaintiff shall file and serve a supplemental brief in support of the motion on or before August 26, 2022, in ...

Excerpt: ...d the default and default judgment are ordered set aside and vacated. Background: Plaintiff Progressive Select Insurance Company (Progressive) filed a limited civil action against defendant Joseph D. Hernandez on December 14, 2021, alleging a form “Motor Vehicle” cause of action. The Motor Vehicle attachment alleged that on February 24, 2019, at 1125 Bregante Lane in Santa Barbara, defendant's negligence in operating a vehicle was the legal c...

Excerpt: ...ic Fisher, Kathryn Fisher, Mona McMillan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: The petition is granted; the action is ordered to arbitration, and will be stayed pending the conclusion of arbitration proceedings. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenue, and 608 East...

Excerpt: ...f Plaintiff for Declaration of and Disqualification of Mary Long Berry Testimony Due to Incompetency (3) Motion of Plaintiff to Appoint Trustee ad Litem (4) Motion of Plaintiff to Set Mandatory Settlement Conference ATTORNEYS: For Plaintiff Sharon E. Green: John K. Dorwin For Plaintiff Franciscan Oaks Homeowners Association: Norman S. Wisnicki For Defendant Mary Long Berry: Robert A. Morgenstern, Paul A. Elkort, Ajay Sood, Morgenstern Law Group; ...

Excerpt: ...s Caroline Diani and Jeffrey Doornbos: Richard R. Clouse, Benjamin A. Colsten, Clousespaniac Attorneys TENTATIVE RULING: Defendants' motion is denied. Background: This case arises out of a dog bite that occurred when plaintiff Jillian Rogers was dog sitting for defendants Caroline Diani and Jeffrey Doornbos at their residence located in Santa Barbara, California. Plaintiff alleges that as she tried picking up the dog, it lunged and viciously atta...

Excerpt: ...Defendant Steven Libowitz: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: For the reasons set forth herein, the general demurrer of defendant Steven Libowitz to the complaint of plaintiffs Nick Taylor and Violeta Taylor, co‐trustees of The Taylor Family Trust, is sustained without leave to amend. Background: As alleged in plaintiffs' complaint: Plaintiffs Nick Taylor and Violeta Taylor are co‐trustees of Th...

Excerpt: ...rust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Richard Lloyd, Cappello & Noel, LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rishe, Leena Sheet, Office of the Att...

Excerpt: ... Plaintiff shall file and serve his amended pleading on or before August 9, 2022. Background: In the complaint filed on March 15, 2022, plaintiff Peter Kurrels alleges four causes of action against defendant Rodney E. Lund for breach of warranty of habitability, breach of warranty of quiet enjoyment, negligence, and breach of contract/recission. Kurrels seeks general damages, punitive damages, a return of rent money paid, and attorney's fees. As ...

Excerpt: ...le, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sueanne D. Chadbourne, Darryl C. Hottinger, Beach Law Group, LLP TENTATIVE RULING: The motion of defendant Carpinteria Community Church for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: Plaintiff Katelyn Geary filed this action on February 19, 2015. The operative pleading is the third amen...

Excerpt: ...y For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The Court continues the hearing on both demurrers to August 22, 2022. Background: Plaintiff Anne Fristoe, M.D., filed her original complaint in this matter on November 22, 2021, alleging three causes of action against defendants Mik...

Excerpt: ... conduct its investigation regarding the claims of Watkins; despite diligent efforts to do so; continues to conduct written discovery; despite requesting dates for Plaintiff's deposition in mid to late May of 2022, Plaintiff's counsel indicated their unavailability and the parties began looking at deposition dates in June of 2022; Counsel for Litchhfield offered three dates in early June, but having received no response whatsoever from Plaintiff'...

Excerpt: ...375.00, payable to Mr. Vargas' counsel. Payment of sanctions is due by August 15, 2022. On the CMCO: This case was filed in 8/2019 and needs to be set for trial and either tried or settled. The Trial date is April 24, 2023, at 11:30am The Mandatory Settlement Conference is April 7, 2023, at 8:30am Do not stipulate to a continuance; do not seek a continuance except for very good cause shown. Background This action arises from an automobile acciden...

Excerpt: ...t entered against them is denied. On the CMC. No further CMC is required, and none will be set. Background On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the complaint generally arise out of allegations that Kea, a plu...

Excerpt: ...th a switchblade knife. [Plaintiff] suffered severe, gruesome and permanent physical, mental, and emotional injuries.” (Compl., ¶ 5.) Plaintiff alleges that Joshua Vides and Patti Jean Vides gave defendant Cora Vides, who is their daughter, a switchblade knife on February 8, 2021, the date of Cora Vides' sixteenth birthday. (Compl., ¶ 10.) The complaint alleges one cause of action for negligence against defendants Cora Vides, Joshua Vides and...

Excerpt: ... Firm For Defendant Elizabeth Neuman: Self‐Represented TENTATIVE RULING: Plaintiff is ordered to appear at the hearing on defendant's motion to quash, in accordance with this ruling. Should plaintiff fail to appear at the hearing and provide information in accordance with the Court's ruling herein, defendant's motion will be granted. Background: On May 24, 2022, plaintiff Sandpiper Property Management Inc. (“Sandpiper”) filed a complaint fo...

Excerpt: ...Phair, Daniel R. Stefany, Hunton Andrews Kurth LLP TENTATIVE RULING: The Demurrer of Defendant Bath & Body Works, LLC to plaintiff's complaint is overruled. Defendant shall file and serve its answer to the complaint on or before July 21, 2022. Background: Plaintiff Matilda Dahlin's putative class action complaint for violations of Title 15 United States Code section 1681(c)(g) (the “Fair and Accurate Credit Transactions Act of 2003 or “FACTA�...

Excerpt: ...anctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: Plaintiff's motion of plaintiff to compel further responses to discovery, and for sanctions, filed on January 10, 2022, is granted. (2) Defendant Brown & Brown...

Excerpt: ...ntiff the People of the State of California: Joyce Dudley, Christopher B. Dalbey, Morgan S. Lucas, Santa Barbara County District Attorney's Office, Michael N. Feuer, Robert Cha, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney Criminal and Special Litigation Branch For Defendant Sunseeker Enterprises, Inc. dba Sun Firedefense: Scott McEwen, Huston & McEwen For Defendant James Moseley: William Chapma...

Excerpt: ...rown, Jessica M. Garcia, William Bellor-Yeh, Zwicker & Associates, P.C. For Defendant Christopher A. Thierfelder: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff U.S. Bank National Association for summary judgment is granted for judgment in favor of plaintiff and against defendant Christopher A. Thierfelder in the amount of $4,640.62. Background: On March 19, 2021, plaintiff U.S. Bank National Associat...

Excerpt: ... Documents and Request for Sanctions ATTORNEYS: For Plaintiff Alan Cerf: Stephen McElroy, Josh Dowell, Ryan Davidson, McElroy Parris Trial Lawyers, Richard R. Bredlau, Law Offices of Richard R. Bredlau For Defendant William Woodward: Craig A. Livingston, John C. Hentschel, Livingston Law Firm TENTATIVE RULING: Plaintiff's motions are granted, except as to sanctions. Defendant William Woodward shall serve verified further responses to plaintiff's ...

Excerpt: ...essive Casualty Insurance Company) for defendant Madison Nicholas TENTATIVE RULING: The motion is granted; the action is ordered dismissed. Background: This action arises from an automobile accident which occurred on March 27, 2017. Plaintiff filed her complaint on March 26, 2019. When there were no appearances for multiple Case Management Conferences, the Court dismissed the case without prejudice on December 23, 2019. One day short of 6 months ...

Excerpt: ...IVE RULING: The motion is granted. Background: This is a collections action, which arose from credit extended by plaintiff to defendant on a credit account. The complaint was filed on December 2, 2021, and alleges causes of action for common counts (open book account, account stated, goods sold, and credit extended), and seeks damages of $10,432.09, as the amount due and unpaid. Defendant Francisco de Las Heras answered the complaint on December ...

Excerpt: ...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 II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...

Excerpt: ...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 II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...

Excerpt: ... Partners and Naomi R. Dewey/Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the former Executive Chairma...

Excerpt: ... Lambrous, Legal Aid Foundation of Santa Barbara County For Defendant Jaime Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Defendant's demurrer is overruled. Defendant shall file an answer to plaintiff's First Amended Complaint on or before June 3, 2022. Background: On December 27, 2021, plaintiff Martin Cazares filed a verified complaint against his nephew, defendant Jaime Cazares, Jr., to quiet title, for cancellation of ...

Excerpt: ... Duenas: Royce J. Borgeson, Henderson & Borgeson For Defendant Daniel Ahmadian: Jennifer M. Damon, Matthew Balmuth, Mandell, Damon & Associates, LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to July 11, 2022, pending a further meet and confer requirement and supplemental briefing in accordance with this ruling. Background: This case arises from a vehicle collision that occurred on January 13, 2019 on Highway 154 in S...

Excerpt: ...Millan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: For the reasons and in the manner and scope articulated below, the Court will issue the preliminary injunction, and impose a bond of $5,000, to be posted no later than June 2, 2022. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenu...

Excerpt: ...ttage Health dba Santa Ynez Valley Cottage Hospital: Stephen C. Fraser, Alexander M. Watson, Daniel K. Dik, Fraser Watson & Croutch, LLP TENTATIVE RULING: (1) Defendant's motion is granted. Plaintiff shall submit to a physical examination in accordance with this ruling, on or before June 2, 2022. (2) Plaintiff's request for sanctions is denied. (3) Defendant's request for an order to show cause re sanctions is denied without prejudice. Background...

Excerpt: ...iscovery and Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory N...

Excerpt: ...Nye, Stirling, Hale & Miller, LLP For Defendant Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Wesierski & Zurek, LLP TENTATIVE RULING: (1) The demurrer of defendant Ritz Carlton Hotel Company, LLC, also sued as defendant Marriott International, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action, and is otherwise overruled. Plaintiff Kai Jolly shall file and serve her first amended complaint on or befor...

Excerpt: ...ope Engagement) Ronak Patel For Cross-Defendant Wolf Baschung: Rinat Klier-Erlich, Brian Smith, Zelms Erlich & Mack TENTATIVE RULING: The motion of cross-defendant Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which ow...

Excerpt: ...Nye, Stirling, Hale & Miller, LLP For Defendant Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Wesierski & Zurek, LLP TENTATIVE RULING: (1) The demurrer of defendant Ritz Carlton Hotel Company, LLC, also sued as defendant Marriott International, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action, and is otherwise overruled. Plaintiff Kai Jolly shall file and serve her first amended com plaint on or befo...

Excerpt: ... A. Albert, Walter Clark Legal Group For Defendant Interinsurance Exchange of the Automobile Club: No appearance TENTATIVE RULING: The hearing on the petition to compel arbitration is continued to June 13, 2022 in accordance with this ruling. Background: This action arises out of a motor vehicle accident that occurred on the US-101 northbound, approximately 320 feet east of San Ysidro Road. As alleged in the petition to compel arbitration filed b...

Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...

Excerpt: ...and Cal Green Medical, LLC: Nicole K. Howell, Daniel E. Dersham, Katherine A. Podein, Clark Howell LLP For Defendants Jeddediah Delmar Hazard and Mark Valdez Russell: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP For Defendant City of Goleta: Megan K. Garibaldi, John M. Natalizio, Best Best & Krieger LLP TENTATIVE RULING: For the reasons set forth herein, the hearing on plaintiffs' motion for a preliminary injunction is continued to J...

Excerpt: ...er, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is sustained in part. Plaintiff shall file his amended pleading, in accordance with this ruling, on or before May 20, 2022. Background: Plaintiff's verified complaint filed on November 30, 2021 alleges three causes of action against defendant Adam Pirozzi for (1) Fraudulent Inducement (Purchase Agr...

Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...

Excerpt: ...und: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for...

Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...

Excerpt: ...Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Plaintiff's motion is granted. Case number 21CV00487 (Jaime Cazares, Jr., vs. Jaime Cazares, Sr., et al.) shall be consolidated for all purposes with this action, with Case No. 21CV05042 as Lead Case. All further documents are to be filed in Case No. 21CV05042. Case number 21CV00487 is stayed pending final disposition of the consolidated action. Background: Plaintiff Martin Caz...

Excerpt: ...Documents (Set Two) ATTORNEYS: For Plaintiff Mayra Perez, individually and as GAL for Santiago Perez, III, a minor, and Bella S. Perez, a minor: Clark T. Stirling, Jordan T. Porter, Nye, Stirling, Hale & Miller, LLP For Defendant/Cross-Complainant/Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Sejal Patel, Messner Reeves LLP For Defendant, Cross-Complainant and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K...

Excerpt: ...nd Chandler For Defendants Pacifica Companies, LLC, Pacifica Coast, LP, Pacifica Senior Living Management, LLC, Dorella Hospitality, Inc. and Max Combs: Erik McLain, McLain Law Firm, PC TENTATIVE RULING: The Court grants plaintiff Meister Builders, Inc.'s motion for leave to file a fourth amended complaint. Plaintiff shall file and serve its Fourth Amended Complaint, in the form attached to the Declaration of Raymond Chandler as Exhibit A, on or ...

Excerpt: ...Santa Barbara Unified School District to Strike Portions of Third Amended Complaint (3) Motion of Defendant Matef Harmachis to Quash Business Records Subpoena to the Commission on Teacher Credentialing (4) Motion of Defendant Santa Barbara Unified School District to Quash Business Records Subpoena to the Office of the Santa Barbara County District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Cristina J. Nolan, M...

Excerpt: ...nd Chandler For Defendants Pacifica Companies, LLC, Pacifica Coast, LP, Pacifica Senior Living Management, LLC, Dorella Hospitality, Inc. and Max Combs: Erik McLain, McLain Law Firm, PC TENTATIVE RULING: The Court grants plaintiff Meister Builders, Inc.'s motion for leave to file a fourth amended complaint. Plaintiff shall file and serve its Fourth Amended Complaint, in the form attached to the Declaration of Raymond Chandler as Exhibit A, on or ...

Excerpt: ..., to set aside the default and default judgment entered against them is denied. Background: On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action against defendants Richman Bry and Riviera Capital Group, LLC (Riviera) asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the com...

Excerpt: ...endants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for the notice as "OWNERS INTEND TO SUBSTANTIALLY REMODEL THE RESIDENTIAL UNIT." The notice stated further that r...

Excerpt: ...nted. Background: This is an action for breach of contract, breach of guaranties, and unjust enrichment. In the complaint, plaintiff alleges that defendants executed loan documents, including a promissory note, and/or executed a personal guaranty for a loan, in October 2015. While some payments were made, defendants ceased making payments, resulting in the complaint being filed on September 11, 2020. Defendants did not appear in the action, and t...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory No 209.2, in accordance with this ruling and without objections ov...

Excerpt: ... Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which owned a restaurant/ nightclub property, 8825 Washington Blvd., Pico Rivera, CA (the Property). (Defendant and Cross-Complainant Aguila's Response Separate Statement ...

Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...

Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...

Excerpt: ...olas Tescano, Chad Treppa and Steven Smith: Timothy R. Windham, Lillian C. Harwell, Lewis Brisbois Bisgaard & Smith LLP For Defendant Delta Tau Delta: Aaron S. Case, Mary Childs, Yoka & Smith, LLP For Defendant Delta Tau Delta – Delta Psi Chapter: Patrick R. Ball, Matt Jedrzejek, Messner Reeves, LLP For Defendants Tammy F. Luckenbihl and Matt Luckenbihl: Jay M. Borgeson, Henderson & Borgeson For Defendant Rimrock Real Estate Ventures, LP: Debor...

Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...

Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...

Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....

Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...

Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...

Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...

Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...

Excerpt: ...Yocca Carlson & Rauth, APC for defendants TENTATIVE RULING: The motion for preliminary approval of class action settlement, and for approval of PAGA settlement, is granted. Background: This is a wage and hour action, filed March 24, 2021, in which plaintiff's original complaint alleged causes of action for (1) failure to pay minimum wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and ...

Excerpt: ...asquez, Law Office of Cristi Michelon Vasquez For Defendant Linda Cathleen Dav Duntlev: No Appearance TENTATIVE RULING: 1. The General and Special demurrer of Defendant Smitty's Towing to Plaintiff's Complaint is overruled in its entirety. 2. Defendant Smitty's Towing shall file and serve its Answer to Plaintiff's Complaint on or before March 24. 2022. 3. Smitty's Towing shall also provide notice of this ruling to Plaintiff at all known addresses...

Excerpt: ...mes Allen Carr and Cross-Defendant Barbara J. Thurman Monica M. Robles for Defendant and Cross-Complainant Rikardo Gonzalez TENTATIVE RULING: The demurrer of defendant Rikardo Gonzalez to plaintiff James Allen Carr's first cause of action for breach of contract is overruled. The demurrer of defendant to plaintiff's second cause of action for fraud by concealment is sustained without leave to amend. The motion of defendant to strike plaintiff's cl...

Excerpt: ...cca Carlson & Rauth, APC for defendants TENTATIVE RULING: The hearing on this matter is continued for one week, to March 14, 2022. As explained below, while the motion seeks approval of a proposed class notice to be provided to the absent class members, that notice was not included in any documents filed with the Court. Based upon the other information before the Court, it intends to grant preliminary approval of the class settlement, and approva...

Excerpt: ...TATIVE RULING: The petition will be granted. Background: This action arises from an automobile accident which occurred on April 27, 2018 on the US 101 northbound, 400 feet north of Los Positas Road, in Santa Barbara. According to the complaint, filed September 23, 2019, defendant Alma Medina negligently operated a vehicle owned by Edgar Fulbright, in a manner which caused injury to plaintiffs Rodney Nall and Teri Nall. In addition to Motor Vehicl...

Excerpt: ...ross-Defendant The Las Canoas Company dba Construction Plumbing; Motion for Summary Adjudication of Cross- Defendant Creston Electronics, Inc. ATTORNEYS: Barton C. Merrill for Plaintiff McCoy Electric Corporation Richard H. Gluckman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stewart Rubin Gabriel Z. Reynoso for Cross-Defendant Monterey Ener...

Excerpt: ...ld of Siege Law PC for defendant TENTATIVE RULING: The motion to quash is denied; defendant's time to file his responsive pleading is extended, by operation of law, until 15 days after service of notice that this motion to quash has been denied. Background: Plaintiff's verified complaint to quiet title, for cancellation of instruments, and for fraud, was filed on December 27, 2021. The complaint alleges that defendant is a nominal owner of two pr...

Excerpt: ...poena for Production of Documents in Action Pending Outside California ATTORNEYS: For Petitioner R.L. Mlazgar Associates, Inc.: Michelle R. Generaux, Devin E. Murtaugh, Murtaugh Treglia Stern & Deily LLP For Respondent-Deponent BEGA North America, Inc.: Rafael Gonzalez, Daniella R. Scoscia-Regencia, Sean Stratford-Jones, Mullen & Henzell L.L.P. TENTATIVE RULING: The petition of R.L. Mlazgar Associates, Inc., to compel compliance with a subpoena f...

Excerpt: ...tt Jedrzek for Defendant Delta Psi Chapter of Delta Tau Delta TENTATIVE RULING: The motion of defendant Delta Tau Delta, a National Fraternity, for an order striking the punitive damage claims alleged against it, is granted as to the moving defendant only without leave to amend. BACKGROUND: This is a dog bite case. Plaintiff is Marlena Hughes. Defendants are Delta Tau Delta, a National Fraternity, Delta Psi Chapter of Delta Tau Delta, and various...

Excerpt: ...Insurance Services, Inc. to compel plaintiff to provide further responses to Form Interrogatories, set two, and for sanctions ATTORNEYS: Patrick A. Hennessey / Anish J. Banker / Joseph A. Schwar of Palmieri, Hennessey & Leifer, LLP for plaintiffs Jeffrey A. Charlston / Stephen P. Soskin of Charlston, Revich Harris & Hoffman, LLP for defendant HUB International Insurance Services, Inc. Carl L. Grumer of Manatt Phelps & Phillips LLP for defendant B...

Excerpt: ..., Inc. ATTORNEYS: For Defendant, Cross-Complainant, and Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Messner Reeves LLP For Defendant, Cross-Complainant, and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K. Lackey, Ruzan Stepanyan, Hamrick & Evans, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant John Kenny Construction, Inc., for summary adjudication of the cross- comp...

Excerpt: ...igenfeld of Seige Law PC for plaintiff Jaime Cazares, Jr. Eric A. Woosley of Law Office of Eric A. Woosley, and Alexander Lambrous of Legal Aid Foundation of Santa Barbara County, for defendant Martin Cazares TENTATIVE RULING:The motion will be granted, and the default and default judgment will be set aside. Defendant Martin Cazares is directed to file his answer to the complaint on or before February 7, 2022. Procedural Background: This unlawful...

Excerpt: ...laintiff McCoy Electric Corporation Richard H. Gluckman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stewart Rubin Gabriel Z. Reynoso for Cross-Defendant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant Creston Electronics, Inc. Daniel Eric Engel for Cross-Defendant The Las Canoas Company dba Construction Plumbing Kenneth O. T...

Excerpt: ...ING: Defendants' motion for attorney's fees and costs is granted. Defendants are awarded fees of $2,085.00 and costs of $236.90. BACKGROUND: This action arises out of a business venture. Plaintiff is Luis Fernandez (“Fernandez”). Defendants are James A. Carr (“Carr”) and Punta Gorda 1317, LLC (“Punta Gorda”). As alleged in the complaint, in 2017, Fernandez and Carr orally formed a joint venture to locate and purchase real property, ac...

Excerpt: ...nut Park Associates, Joan Elaine Spath, and Renee Spath to Complaint of Plaintiffs John Marinello and Richard Marinello (3) Motion of Defendants Walnut Park Associates, Joan Elaine Spath, and Renee Spath to Strike Portions of Complaint of Plaintiffs John Marinello and Richard Marinello ATTORNEYS: For Plaintiff Shelley Marinello (case No. 19CV04287) and John Marinello and Richard Marinello (case No. 21CV01819): M. Jude Egan, Amber Simmons, Eagan L...

Excerpt: ...ent Pursuant to Terms of Signed Settlement ATTORNEYS: Callie Kim, Deputy County Counsel, for Plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer Susan Marie Whalen for Defendant California Asphalt Production, Inc. TENTATIVE RULING: The motion for entry of judgment of plaintiffs Santa Barbara County Air Pollution Control District and Aeron Genet, Air Pollution Control Officer, is denied wit...

Excerpt: ...William D. Ausman / Gregory E. Martin of 805 Law Group, Inc. for plaintiff Linda Boicourt Tom Shapiro of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: For the reasons articulated below: (1) The motion for leave to take a second deposition of plaintiff is granted. (2) The motion to compel City to provide responses to Request for Admissions Nos. 36-49 is denied. However, Nos. 36-49 and the attorney declaration previou...

Excerpt: ...c. et al. Case No. 20CV01587 (Judge Sterne) Hearing Date: January 24, 2022 Tentative Ruling: This is essentially an unfair business practices suit. Plaintiff generally alleles that he was subjected to disparate care because he was a Medi-Cal patient. Before the Court this day are four discovery motions filed by plaintiffs, seeking further responses to discovery. Civil Discovery Overview The basic purpose of discovery is to take the “game” ele...

Excerpt: ..., Walter J. Henning, individually, as trustee of the Walter C. Henning Trust, and as trustee of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Eric B. Gans, George L. Staab For Defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC TENTATIVE RULING: For the reasons set forth herein, the motion of defendant John ...

Excerpt: ...s an unopposed motion by the defendants to quash, or secure protection from, pending deposition notices. On or about 11/02/21, plaintiff caused to be served upon defendants a Third Continued Notice of Deposition of James Moseley and a Fifth Amended Notice of Deposition of Sunseeker Enterprises, Inc's PMK. The parties had been previously engaged in meet and confer efforts to schedule the referenced depositions, but with only partial success. At is...

Excerpt: ...her Responses to Form Interrogatories and Responses to Requests for Admissions Tentative Ruling: This is a personal injury action, stemming from a head-on automobile collision occurring on 09/14/19 on Highway 154. Plaintiff alleges that defendant-driver Antunez was intoxicated and distracted, causing him to cross over the center divider lines and into on- coming traffic. Plaintiff sustained serious injuries, as did others involved in the same col...

Excerpt: ...dana: Elliot J. Siegel, Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of plaintiff Yvonne Saldana to the first amended answer of defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposit...

Excerpt: ...eyer & Dillion LLP For Defendant William Hezmalhalch Architects, Inc.: Lawrence A. Treglia, Matthew W. Johnson, Murtauch Treglia Stern & Deily LLP TENTATIVE RULING: As set forth herein, the court orders that counsel for the parties further meet and confer as to the issues raised by this motion. Counsel shall meet and confer in person, by telephone, or by video conference on or before January 10, 2022, with counsel for the moving party, plaintiff ...

Excerpt: ...For Plaintiff Alexandro Filippini: Self-represented For Defendant Donald S. Slutzky, M.D.: Bradley C. Clark, Julia E. Murray, Schmid & Voiles TENTATIVE RULING: The motion of defendant Donald S. Slutzky, M.D., for summary judgment is granted. Procedural Background: On April 5, 2019, plaintiffs Alexandro Filippini and Stephanie Filippini filed their original complaint in this action against multiple defendants asserting two causes of action: (1) pr...

Excerpt: ...ubat for Defendants and Cross-Complainants Federal Express Corporation and German Franc Brian Leach for Defendant and Cross-Defendant Spencer Delzeit TENTATIVE RULING: The motion of defendants and cross-complainants Federal Express Corporation and German Franco contesting the application for good faith settlement determination of defendant and cross-defendant Spencer Delzeit is denied. BACKGROUND: This is an action for personal injuries arising o...

Excerpt: ...er Schreck, LLP For Defendants William W. Alexander, Margaret Alexander, SEA Enterprises, and SEA Enterprises, Inc.: Jan A. Greben, Christine M. Monroe, Greben Monroe TENTATIVE RULING: (1) The motion of plaintiff Turnpike Center, LLC, to stay all proceedings in this action is denied. (2) On its own motion, the court continues the hearing of the motion of defendant SEA Enterprises, Inc., to compel further discovery responses and documents now set ...

Excerpt: ...day for Plaintiff James Herb, an individual on his own behalf and in his representative capacity on behalf of all others similarly situated Sarkis A. Atoyan for Defendant Finney's Funk Zone, LP TENTATIVE RULING: The motion of plaintiff James Herb, individually and in his representative capacity, for an order approving the PAGA settlement is granted as set forth herein. BACKGROUND: This is a wage and hour action brought pursuant to the Private Att...

Excerpt: ...intiffs Dorrie Powell and Harold Powell: John Kirk Boyd; David Williams For Defendant Edmund Marroquin: Robert T. Mackey, Gregory B. Selarz, Serena L. Nervez, Veatch Carlson, LLP TENTATIVE RULING: (1) The demurrer of defendant Edmund Marroquin to the first amended complaint of plaintiffs Dorrie Powell and Harold Powell is sustained, with leave to amend, as to the third, fourth, and fifth causes of action and is otherwise overruled. (2) For the re...