Excerpt: ...to amend. Background: On November 2, 2020, plaintiff Laura J. Austin filed her complaint in unlawful detainer against defendant William C. Holmes. On February 2, 2019, pursuant to a written agreement, defendant rented from plaintiff property at 5688 Fiesta Drive in Carpinteria on a “year-to-year” tenancy. Pursuant to a 3-day notice to quit served on October 20, 2020, plaintiff terminated the tenancy for at-fault just cause as defined in Civil...

Excerpt: ... for Production of Documents ATTORNEYS: Rebecca Brand, Plaintiff and Cross-Defendant, In Pro Per Jamie T. Hall for Defendants and Cross-Complainants Mimi Brand f/k/a Michael Alan Brand, Jr. and 1125 Veronica Springs Road, LLC TENTATIVE RULING: Plaintiff's demurrer to the fourth and seventh causes of action in defendant's first amended cross- complaint for trespass and harassment is sustained with leave to amend. In all other respects, plaintiff's...

Excerpt: ...Living Management, LLC, Dorella Hospitality, Inc., and Max Combs: Erik McLain TENTATIVE RULING: The demurrer of defendants Pacifica Coast, LP, Pacifica Senior Living Management, LLC, and Max Combs is (1) sustained without leave to amend as to defendant Combs as to the first, second, and fourth causes of action, (2) is sustained with leave to amend as to defendant Pacifica Coast, LP, as to the first cause of action, and (3) is otherwise overruled....

Excerpt: ...s iO73 Investments, Inc., Tristan Strauss, and Brian Casey to modify or dissolve the preliminary injunction. Background: This action arises out of the termination of plaintiff Jonas Svensson's employment by defendant iO73 Investments, Inc. (“iO73” or “the company”). Tristan Strauss and Brian Casey are also defendants. The causes of action in Svensson's first amended complaint (FAC) are: 1) breach of employment contract (against iO73), 2) ...

Excerpt: ...fornia 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 II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. The court took ...

Excerpt: ...e 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 II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver William J. Hoffman and Cross...

Excerpt: ...nswers to Special Interrogatories and Request for Sanctions ATTORNEYS: Jeffrey Y. Choi for Plaintiff Alexandro Filippini Jill L. Friedman for Defendant Jean Avrick TENTATIVE RULING: Defendant's motion to compel further responses to Form Interrogatories, Set One, and defendant's motion to compel further responses to Special Interrogatories, Set One, are granted as set forth herein. Defendant is awarded monetary sanctions in the amount of $2,990.00...

Excerpt: ...ons via ZOOM through Atkinson - Baker Court Reporters, on December 28, 2020 at 10:00a.m. (Bustillos) and 2:00p.m. (Stern). (This date and time may be adjusted to accommodate the parties' schedules at the hearing on this motion. However, after the hearing, the date will not be adjusted absent a court order.) The court continues plaintiff Shirley Jansen's motion for terminating sanction to January 11, 2021, at 10:00 a.m., via Zoom in Department 5. ...

Excerpt: ...of the Montecristo #1 Living Trust UTD 9/24/2015, and Maricel Gabriela Hines, Individually and as Trustee of the Montecristo #2 Living Trust UTD 9/24/2015 Tara Radley for Defendant and Cross-Complainant Butterfly Lane Condominiums Homeowners' Association, Inc. Christopher E. Haskell for Defendants and Cross-Complainants Kevin Russell Nary, Laura Jean Nary, and Mary M. Mooney TENTATIVE RULING: The motion for preliminary injunction of defendant and...

Excerpt: ...f Peter Newton filed his complaint against defendant Xpress Global Systems, LLC. The causes of action are general negligence and fraud. Plaintiff alleges: On July 16, 2020, during the course of a delivery, a semi-truck and trailer owned, operated, and/or engaged by defendant backed into a gate at property at 3429 Sea Ledge Lane in Santa Barbara. The gate and its operating system sustained damage requiring replacement at a cost of $28,270. Plainti...

Excerpt: ...man ATTORNEYS: E. Patrick Morris for defendants and cross-complainants Summerland Market, Inc. and Elian Mtanous Hanna Mark. R. Wietstock for cross-defendant Sharon Kussman, trustee of the Rose T. Robertson Trust. TENTATIVE RULINGS: For the reasons explained below, the demurrer is overruled. Further, the motion to strike, made on identical grounds as those raised in the demurrer, was necessarily mooted by the Court's resolution of the demurrer. D...

Excerpt: ...G: Plaintiff's application for a pre-trial writ of possession is granted as set forth herein. No undertaking shall be required of plaintiff. BACKGROUND: Plaintiff Strategic Health Services, LLC (SHS) is a limited liability company and the owner and operator of three residential substance abuse treatment facilities licensed by the California Department of Health Care Services (DHCS). The residential treatment facility located at 1151 Glenview Road...

Excerpt: ...ncertainty and failure to state a cause of action. Plaintiff shall file and serve an amended complaint on or before December 17, 2020. BACKGROUND: This is an action for unlawful detainer. The subject premises are located at 5925 Birch Street, Unit 4, Carpinteria, California 93013. Plaintiff Bruce Bowers is the landlord and defendant Lyna Gruszynski, erroneously sued as Lena Gruszka, is the tenant. On August 3, 2020, plaintiff served on defendant ...

Excerpt: ..., LLP for defendants William Clinkenbeard / Cathy Anderson of Clinkenbeard, Ramsey, Spackman & Clark, LLP for third party witness Bryce Holderness, M.D. TENTATIVE RULING: The motion is denied. Background: This action was originally filed in August 2018 as a personal injury action, which arose from a fall by Melvin Hueston on defendant's premises in April 2018. It evolved into a wrongful death action upon the filing of the First Amended Complaint ...

Excerpt: ...for Defendants Summerland Markets, Inc. and Elian Hanna TENTATIVE RULING: The motion for protective order of defendants Summerland Markets, Inc. and Elian Hanna is granted. No additional information or documents are required to be produced in response to the People's Demand for Inspection Nos. 7, 8, and 38. BACKGROUND: Plaintiff the People of the State of California (the “People”) bring this action for injunction and civil penalties against d...

Excerpt: ...opher E. Dawood, Deputy County Counsel Tentative Ruling: The court grants, in part, the motion of defendant County of Santa Barbara to strike portions of the complaint of plaintiffs Robert Kirsch, Joshua Lake, and Robert Garnica. The court orders ¶¶38 and 40 stricken from plaintiffs' complaint without leave to amend. The court denies the motion as to ¶41. Defendant County of Santa Barbara shall answer the remaining allegations of the complaint...

Excerpt: ...f defendants Synectic Systems, Inc. (SSI), and Paul Webb to compel arbitration. Background: Plaintiff John Roessler filed his complaint against defendants Synectic Systems, Inc. (SSI), and Paul Webb for 1) failure to pay earned wages, 2) breach of contract, 3) breach of the implied covenant of good faith and fair dealing, 4) unlawful retaliation, 5) wrongful termination in violation of public policy, 6) unfair competition, and 7) defamation. On O...

Excerpt: ...irst Amended Complaint ATTORNEYS: Garry M. Tetalman for Plaintiff Nicholas Lewis, an individual and as Guardian Ad Litem for Plaintiff Philip Jaworski Barbara A. Carroll for Defendants Santa Barbara Cottage Hospital, Inc. and Cottage Health, Inc. TENTATIVE RULING: Defendants' demurrer to plaintiffs' first amended complaint is sustained as to plaintiff Nicholas Lewis without leave to amend for lack of standing. Defendants' demurrer to plaintiff Ph...

Excerpt: ...For Defendant: Darryl C. Hottinger, et al. (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: The court grants defendants Community Arts Music Association of Santa Barbara, Inc., and Elizabeth Alvarez's motion to strike portions of plaintiff Jeffrey D. Everhard's amended complaint without leave to amend. Background: Plaintiff Jeffrey D. Everhard commenced this action on May 18, 2020. In his amended complaint (FAC) against Community Arts Music A...

Excerpt: ...s of John J. Thyne III Defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler: Nathaniel L. Marston TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler to quash service of summons is denied. Defendants shall file and serve their answer to the complaint on or before November 23, 2020. Background: As alleged in plaintiffs' complaint: Plaintiffs Block Fa...

Excerpt: ...t: self represented Tentative Ruling: (1) The court grants, in part, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson's Motion to Compel Responses to Supplemental Written Discovery, and Motion to Compel Deposition of Defendant Jessica Berry, and orders that, on or before November 23, 2020, defendant Jessica Barry shall serve answers to the supplemental interrogatories served in this case on July 27, 2020, without objections. The court d...

Excerpt: ...'s motion for judgment on the pleadings is granted. The County of Santa Barbara's complaint in eminent domain is ordered conditionally dismissed to allow County to adopt a new Resolution of Necessity or to take other corrective action as needed. Defendant is awarded reasonable attorney's fees and costs of $47,495.75. BACKGROUND: In this eminent domain action, plaintiff County of Santa Barbara (“County”) seeks to acquire four easements on parc...

Excerpt: ...homas Goodwin, and Judy Atkins: Russell Brown For Defendant City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow: Ariel Pierre Calonne, Tom R. Shapiro, John S. Doimas, Office of the City Attorney TENTATIVE RULING: For the reasons set forth herein, the special demurrer of defendants City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow to plaintiffs' complai...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...oy Chen for Cross-Defendant Monterey Energy Group, Inc. TENTATIVE RULING: Monterey Energy Group, Inc.'s demurrer to the cross-complaint of Annette and Stuart Rubin is overruled. Monterey shall file and serve its answer to the cross-complaint on or before January 13, 2020. BACKGROUND: This action arises from construction work performed by plaintiff McCoy Electric Corporation (“McCoy Electric”) at real property owned by defendants Annette Rubin...

Excerpt: ...ikson (Erikson Law Group – Los Angeles) Tentative Ruling: The court denies th motion of plaintiff Jophe Jones to transfer and consolidate actions. Background: A. The Santa Barbara Action: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole officers, directors, and shareholders of defendant Four Jays Music Company (“Four Jays”), a company whose principal business is marketing and collecting royalties from music composed b...