Excerpt: ...��' s Fees (2) Defendant Heirloom Valley: LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiffs Further Responses To Requests For Admission: Set One: And Request For Monetary Sanctions (4) Motion To Be Relieved As Counsel ATTORNEYS: For Plaintiff Jesse Zaragoza: Se...

Excerpt: ...ephen C. Pasarow, Karie E. Schroder, Knapp: Petersen & Clarke TENTATIVE RULING: For all reasons discussed herein: the coun denies, without prejudice: plaintiff s motion for a protective order and to quash defendants' deposition notice as moot Background: This action arises out of a motor vehicle collision that occurred at the intersection of Garden and Los Olivos Streets in Santa Barbara, California. As alleged in the complaint filed by plaintiff...

Excerpt: ...aine Spath, Renee Spath, Rita Marinello, and Walnut Park Associates: Barry J. Reagan, Guillermo E. Partida, Slaughter, Reagan & Cole, LLP TENTATIVE RULING: The court grants defendants' motion. The court corrects nunc pro tunc the Minute Order dated November 7, 2022, in accordance with this ruling. Further, the court vacates the “Order on Plaintiffs' Motion For Protective Order” entered and filed on November 23, 2022, and orders the “Notice ...

Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...

Excerpt: ...for defendants, cross-complainants, and cross-defendants Annette Rubin and A. Stuart Rubin Daniel E. Engel for cross-defendant Las Canoas Co. dba Construction Plumbing TENTATIVE RULING: The Court will grant the motion, and impose upon the Rubins the requirement that they post an undertaking in the amount of 1.2 times the amount of the judgment entered against them (($577,424.75 x 1.2 = $692,909.90),, in order to stay enforcement of the judgment p...

Excerpt: ...s of James Howard For Defendant Brian Gooch: No appearance TENTATIVE RULING: The motion of defendant Sean Wilczak for summary judgment and adjudication is denied. Background: This is an unlawful detainer action filed by plaintiff Americana Independence, Ltd., against defendants Sean Wilczak (Wilczak) and Brian Gooch (Gooch). As alleged in plaintiff's First Amended Complaint (FAC) filed on November 3, 2022, plaintiff is the owner of premises locat...

Excerpt: .... Elkort, Ajay Sood, Morgenstern Law Group TENTATIVE RULING: (1) Defendant's motion for summary adjudication is granted in part with respect to plaintiff's claim for punitive damages only. Except as otherwise herein granted, plaintiff's motion for summary adjudication or, alternatively, summary judgment, is denied. (2) Plaintiff's counsel, John Kenneth Dorwin, is ordered to appear on March 27, 2023, at 10:00 a.m. in this Department, and show caus...

Excerpt: ...iltner, Autumn S. Frye, Miltner & Menck, APC TENTATIVE RULING: The demurrer of defendants Outco Labs, Inc., and Outco Mendocino-CD LLC is sustained, without leave to amend, as to the fifth cause of action (for issuance of a preliminary injunction) and is in all other respects overruled. Defendants Outco Labs, Inc., and Outco Mendocino-CD LLC shall file and serve their answer to the first amended complaint (as it is following this ruling) on or be...

Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...

Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...

Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ... Spackman & Clark, LLP TENTATIVE RULING: For all reasons stated herein, the court grants defendant Cottage Health, Inc.'s motion and orders plaintiff's complaint as to Cottage Health, Inc., dismissed. Background: Plaintiff Jonathan VanLoan's (VanLoan) complaint filed on June 22, 2022, alleges causes of action for negligence, medical negligence, assault, attempted murder (medical battery), intentional infliction of emotional distress, and false im...

Excerpt: ...ociation: Norman S. Wisnicki For Defendant Mary Berry.: Eric A. Woosley, Alexander Lambrous, Paul A. Elkort TENTATIVE RULING: The motion of defendant Mary Berry for good faith settlement determination is denied without prejudice. Background: On April 6, 2017, plaintiff Franciscan Oaks Condominium Association, Inc. (FOC) filed its complaint against defendant Mary Berry asserting causes of action for breach of convenants and nuisance (case number 1...

Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...

Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...

Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...

Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...

Excerpt: ...ousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...

Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...

Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...

Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...

Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...

Excerpt: ...Defendants Jock M. Sewall and J.M. Sewall & Associates: Louis R. Chao, Brian K. Stewart, Collins + Collins LLP TENTATIVE RULING: Defendant's motion is denied. Background: Plaintiffs Thadias B. King (Mr. King) and Terri S. King's (Mrs. King) (collectively, the Kings) complaint filed on February 11, 2021, alleges two causes of action for professional negligence and negligent misrepresentation against defendants J.M. Sewall & Associates (JMSA) and J...

Excerpt: ...A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Marcus S. Bird, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rische, Leena Sheet, Office of the California Attorney General For Defendant Intervenor Gaviota ...

Excerpt: ...Background: This case has a long and complex history. The current motion arises as a result of events which occurred in a much later related case, Aguila v. Pico Rivera First Mortgage Investors, LP, et al. (Santa Barbara Superior Court Case No. 22CV00464). In that case, the Settlement Agreement from which the stipulated judgment which defendant Aguila now seeks to vacate arose, played a central role. In its tentative ruling granting the Code of C...

Excerpt: ...genia Anaya Cortez: Clayton Lee and Tae Kim; Wilshire Law Firm For Defendant Daniel Baruch Bollag: Patrick J. Gibbs and Mark P. LaScola; Ford, Walker, Haggerty & Behar TENTATIVE RULING: For the reasons set forth herein, the motion to compel further responses to special interrogatories (set three) and request for sanctions is granted. Plaintiff shall serve verified responses to special interrogatories Nos. 37 and 38, without objections, on or befo...

Excerpt: ...mpany and Fidelity National Financial, Inc. for order deeming Randy Quaid and Evgenia Quaid vexatious litigants, precluding them from filing further litigation in pro per, and requiring them to furnish security (3) Demurrer by Turicchi cross‐defendants to the Quaids' First Amended Cross‐Complaint (4) Demurrer by Fidelity National Financial, Inc. and Lawyers Title Company cross‐defendants to the Quaids' First Amended Cross‐Complaint (5) Mo...

Excerpt: ... J. Boone, Carolyn S. Elliott, Kaden D. Byron, Nathalia A. Aguirre, Patenaude & Felix, A.P.C. For Defendant Christophe Rudder a/k/a Christopher S. Rudder: Self Represented For Defendant Kimberly A. Breed: No Appearance TENTATIVE RULING: Plaintiff's motion is granted, in part. The dismissal entered on July 31, 2018, shall be vacated and judgment in the amount of $9,033.86 shall be entered against defendant Christophe Rudder a/k/a Christopher S. Ru...

Excerpt: ...ss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of The Los Canoas Co. dba Construction Plumbing for Attorney Fees is granted. The court awards attorney fees in favor of The Los Canoas Co. dba Construction Plumbing and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $574,799.75. Background: This action arises out of a remod...

Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry 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:...

Excerpt: ...h, Smoak & Stewart, P.C. TENTATIVE RULING: Defendant's petition to compel arbitration is granted, in part. This matter shall be stayed in accordance with this ruling. Background: On January 19, 2022, plaintiff Cesar “Tito” Arriaza (Arriaza) filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2698, et seq. (the Private Attorneys General Act or PAGA). Arriaza contend...

Excerpt: ...thy S. McConn, Tracy N. LeRoy, Wynn B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Plaintiff California State Lands Commission (case No. 18CV02504): Rob Bonta, Brian D. Wesley, Matthew C. Heyn, Michael T. Zarro, Robert R. Willis, Office of the California Attorney General For Plaintiff Aspen American Insurance Company (case No. 18CV02504): David C. Veis, Laura Nas...

Excerpt: ...Jarlath M. Curran II / Douglas C. Stastny of Severson & Werson for defendants PHH Mortgage Inc, and Cascade Funding Mortgage Trust ‐HB8 TENTATIVE RULING: The motion for preliminary injunction is denied. Background: On August 29, 2022, Paul Eggli (Eggli) filed the current action, allegedly as fiduciary for plaintiff Christine Nyun‐Han (Nyun‐Han), alleging four separate causes of action for trespass on the case against various defendants, inc...

Excerpt: ... The demurrer of Benjamin Storck, to the cross‐complaint of Gina Hurley, is overruled. Benjamin Storck shall file an answer to the cross‐ complaint no later than November 22, 2022. Background: This action was commenced on June 22, 2022, by the filing of the complaint for constructive eviction and conversion by plaintiff Benjamin Storck against defendant Gina Hurley. The complaint alleges that plaintiff paid to defendant the amount of $16,500....

Excerpt: ...R. Reid, Peter E. Theophilos, Lewis, Brisbois, Bisgaard & Smith LLP TENTATIVE RULING: The Motion of Defendant Santa Barbara Zoological Foundation is denied. Background: In his complaint filed on May 13, 2020, plaintiff Preston Breunig (Breunig) alleges that, while a business invitee at defendant Santa Barbara Zoological Foundation dba Santa Barbara Zoo (the Zoo), he was using the restroom on the Zoo's premises at 500 Ninos Drive in Santa Barbara,...

Excerpt: ...Montecito Retirement Association dba Casa Dorinda: Madona L. Devling For Defendant Jevson Arevalo: Debra Ellwood Meppen TENTATIVE RULING: The motion of Casa Dorinda to Compel Arbitration is granted. The following sentence contained in paragraph six of the arbitration agreement is sticken: “Unless otherwise ordered by the arbitrator, each party shall pay its/his/her own attorneys' fees, witness fees, and other expenses incurred by the party for ...

Excerpt: ...ph A. Schwar, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer, Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Jeffrey A. Charlston, Stephen P. Soskin, Charleston, Revich & Wollitz LLP TENTATIVE RULING: The motion of plaintiff Heritage Two LLC to enjoin arbitration between plaintiff Heritage Two LLC and defendant Bristol Farms is denied. T...

Excerpt: ...Cousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross‐Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross‐ Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: The court requests that the parties submit supplemental briefs as set forth herein. The parties shall concurrently file supplemental briefs on or before November 7, 2022. The parties may file...

Excerpt: ...ast Village Homeowners Association: Courtney D. Flannery, Mark R. Weiner & Associates For Defendant and Cross‐Defendant City Of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: Defendant City of Carpinteria's motion is denied. Background: As alleged in plaintiff Kelly Perez's (Perez) complaint filed on November 23, 2020, Perez was walking on the sidewalk at Seacoast Way and Foothill Road on Feb...

Excerpt: ...endant City lf Santa Barbara for summary judgment and judgment on the pleadings ATTORNEYS: George Semaan of The May Firm, Inc. for plaintiff Roberta Ahrens Tom R. Shapiro / Michelle Sosa‐Acosta of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULINGS: Because the motion filed by defendant FM Properties was directed to plaintiff's complaint, and because plaintiff dismissed her action as to FM Properties, the Court deems th...

Excerpt: ... Kathleen Odell is overruled. Defendants shall file an answer to the complaint by October 24, 2022. Background: This action was commenced on August 5, 2022, by the filing of the complaint for unlawful detainer by plaintiff Summerland by the Sea (“Summerland”) against defendants Sjoerd Koppert, Kathleen Odell, and Sam McPherson. The complaint alleges non‐payment of rent. Plaintiff caused a three‐day notice to pay rent or quit to be served ...

Excerpt: ...VE RULING: The motion of plaintiffs Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez to Enforce the Settlement Agreement is granted. Plaintiffs shall prepare and file a Proposed Judgment in conformity with the signed settlement agreement. Background: Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez (“plaintiffs”) filed their original complaint on August 23, 2018, against defendants, including Martin Jarchow (“Jar...

Excerpt: ...ian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Stirling, Hale & Miller, LLP For Defendant HMBL, LLC dba Holiday Inn Express: Susan L. Mason, Harry W. Harrison, Tyson & Mendes TENTATIVE RULING: The motion of defendant HMBL, LLC, for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In this action, plaintiffs Isabel C., a minor, and Sierra Saragosa assert claims against church defendants and...

Excerpt: ...ursery, Inc.: Matthew C. Sgnilek, Andrea Rosenkranz, O'Hagan Meyer TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing on the motion and shall be prepared to discuss scheduling for the final settlement hearing and any other matters remaining for the court at this time. Background: On July 23, 2021, plaintiff Jose Aguilar, individually, on behalf of others similar...

Excerpt: ...man For Respondent Heather Gray: No appearance TENTATIVE RULING: For the reasons set forth herein, the petition of Herring Law Group, Inc. (Herring) to compel binding arbitration is granted. The appointment of a specific arbitrator will be discussed at the time of hearing Background: Herring and Heather Gray (Gray) entered into a family law legal services agreement (contract) on, or about June 13, 2018, which contained a provision for binding arb...

Excerpt: ...lliam Clinkenbeard; Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Cottage Health Inc. (Cottage) for an order to declare plaintiff a vexatious litigant and for a pre‐filing order to require plaintiff to post security in the amount of $25,000, and to refrain from communicating directly with represented defendants in this matter is granted as follows: (1) The court declares ...

Excerpt: ...es,Property Services TENTATIVE RULING: The demurrer made to each cause of action on statute of limitations grounds is overruled. The demurrer made to each cause of action on the basis that insufficient facts are alleged to constitute a cause of action, are all sustained. Because the general demurrers to each cause of action are being sustained, there is no reason for the Court to address the special demurrer for uncertainty. The Court will allow ...