Excerpt: ...ple 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 II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Bur...

Excerpt: ...nc.; Request for Sanctions 2. Plaintiffs' Motion for Leave to Amend the Complaint Attorneys: Plaintiffs: Jonathan C. Teller, Erik Harper (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) For Defendant Stalwart Clean & Sober: Jack H. Snyder (Wolfe & Wyman – Irvine) Tentative Rulings: 1. The court denies plaintiffs John Strumpfler and Tracy Morris's motion to compel further re...

Excerpt: ...ndant: Roshni C. Kapoor (Ogletree, Deakins, et al. – San Francisco) Tentative Ruling: The court grants plaintiff Angelina Longstreth's motion to quash or limit the deposition subpoenas that defendant Agilent Technologies, Inc., issued to Paul J. Markowitz, M.D.; Sierra Rose Smargon, LMFT; and Sedgwick Claims Management Services, Inc. The deposition subpoenas shall be limited to two time periods: (1) September 24, 2017, through December 22, 2017...

Excerpt: ...ff's motion for leave to file a first amended complaint is denied. Plaintiff's allegations of misconduct are already the subject of a cross-complaint she has filed in another action. BACKGROUND: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole owners and directors of defendant Four Jays Music Company (“Four Jays”), a company responsible for collecting and distributing royalties from music composed by Jones and Riva's la...

Excerpt: ...iel S. Hentschke of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: The demurrer to the inverse condemnation cause of action is sustained. While the Court is doubtful that the complaint can be amended to state a valid cause of action for inverse condemnation, it will allow plaintiff leave to file a First Amended Complaint in an attempt to do so. Any such amended complaint must be filed on or before December 23, 2019. ...

Excerpt: ...ial Records ATTORNEYS: Ashley E. Flood, Deputy County Counsel, for Petitioner Joseph Holland, Santa Barbara County Assessor Jason D. Strabo for Respondents CWI Santa Barbara Hotel, LP and CWI 2 Santa Barbara Hotel, LP TENTATIVE RULING: Petitioner's Application for Order to Seal Confidential Records is granted. The specified exhibits are ordered sealed. Petitioner's Application for Order of Appearance is granted. Respondent is ordered to produce t...

Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...

Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...

Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...

Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...

Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...

Excerpt: ... and orders the general denial filed herein on August 6 is deemed filed as of this date. Background: On May 7, 2019, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson filed their complaint against defendant Jessica Berry 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. On May 29, the cou...

Excerpt: ...ant: Steve R. Belilove (Kaufman, Dolowich & Voluck – Los Angeles Tentative Ruling: The court denies plaintiff Filippini Wealth Management, Inc.'s motion to compel production of documents and request for a monetary sanction. Background: This action arises out of plaintiff Filippini Wealth Management, Inc.'s lease of commercial property from defendant and cross-complainant Max Baril. Defendant Meridian Group Real Estate Management, Inc., manages ...

Excerpt: ...�� Los Angeles) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: The court grants, in part, plaintiffs Nicole Nagel and ESY Investments, LLC's motion to strike or tax costs in defendant Peter K. Westen's memorandum of costs. The court orders taxed a total of $10,351.79 in costs, leaving $45,642.95 in allowable costs. Background: After years of litigation, the court entered an order dismissing the entire acti...

Excerpt: ...of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Georgia L. Staab, Eric B. Gans For Defendant John Mogens Henning, individually and as personal representative of the Estate of Caroline Jane Winther: James F. Scafide, Tyler Sprague, Scafide Law Firm, PC For Defendant Robert Ramirez: David J. Tappeiner, Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP TENTATIVE RULING: The motion of defendant John Mogens Henning for a pro...

Excerpt: ...nts and cross-complainants A. Stuart Rubin and Annette Rubin. Richard H. Glucksman / Brian D. Kahn / Jeffrey N. Stewart of Chapman Glucksman Dean Roeb & Barger for cross-defendant and cross-complainant McCoy Electric Corporation and cross- defendant Richard Ray McCoy TENTATIVE RULING: As discussed below, the motion will be granted. Background: This action arises from construction work performed by plaintiff McCoy Electric Corporation at property ...

Excerpt: ... MSLTD, LLC, Lee McPherson, and Christopher Beary Jeffrey P. Walsworth for Defendants and Cross-Complainants Fiore Management, LLC and Adrian Z. Sedlin James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: Plaintiffs' motion for order enforcing the settlement agreement by entering a “partial judgment” against defendants is denied based on the one judgment rule. Plaintiffs' motion for Order to Show Cause re Contempt is deni...

Excerpt: ...urther Responses to Request for Production of Documents, Set One, and Request for Sanctions; Motion to Compel Defendant 2Ultimatebrands, Inc. to Provide Further Responses to Request for Production of Documents, Set One, and Request for Sanctions ATTORNEYS: Ryan D. Zick for Plaintiff 660 BVD, LLC John A. Delis for Defendants Ultimate Brands, Inc., Ultimate Franchises, Inc., and 2Ultimatebrands, Inc. TENTATIVE RULING: Plaintiff's two motions to com...

Excerpt: ...ed as Counsel 2. Motion to Strike/Tax Memorandum of Costs Filed by Derek Westen and Westen Family Group, LLC 3. Motion to Strike/Tax Memorandum of Costs Filed by Peter K. Westen 4. Motion to Strike/Tax Memorandum of Costs Filed by Tracy A. Westen and Linda Lawson Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda ...

Excerpt: ...w Firm, PC for defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther David J. Tappeiner of Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP for defendant Robert Ramirez. TENTATIVE RULING: The motion to disqualify plaintiffs' attorneys is denied, without prejudice. Background: In the Complaint in this action, plaintiffs allege that Walter C. Henning and Caroline Henning were married, ...

Excerpt: ...Stan Kanarowski's complaint. The court sustains the demurrer to the breach of the implied covenant of good faith and fair dealing cause of action without leave to amend. The court overrules the demurrer in all other respects. Background: In his complaint, plaintiff Stan Kanarowski alleges: Kanarowski is agent and attorney-in-fact for former Securityholders of Vutara, Inc. [Complaint ¶1] On February 6, 2013, Vutara entered into a confidentiality ...

Excerpt: ..., Sean M. Gaffney, Jamie Altman Buggy, CGS3 LLP 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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LL...

Excerpt: ...e: 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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendants Wells Fargo Bank, National Associa...

Excerpt: ...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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices o...

Excerpt: ...iation Case No. 01-19-0000-3425. The court confirms the award in the amount of $71,786 and awards pre-judgment interest in the amount of $605.88. Petitioner shall submit a judgment in accordance with the foregoing. Petitioner James P. Griffith petitions the court for confirmation of a contractual arbitration award in his favor and against respondent Paul T. Nolan in the amount of $68,861 and $2,925 arbitration expenses, for a total award of $71,7...

Excerpt: ...endant Mona Kulkarni's motion to strike portions of plaintiff Ofelia Azizi's second amended complaint. Background: On June 5, 2019, plaintiff Ofelia Azizi filed her second amended complaint. (Previous complaints included Farid Azizi as a plaintiff but he filed a partial dismissal and is no longer a plaintiff.) Plaintiff alleges: On September 7, 2017, defendant Mona Kulkarni was operating a motor vehicle while under the influence of a combination ...

Excerpt: ..., 2019 ruling regarding motions to compel further responses to form interrogatories and demand for production of documents. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (“Pico”), sued defendant Henry Aguila for breach of a written guaranty of a loan to borrower Three Aguila, Inc. Aguila filed a first amended cross-complaint (FACC) against Pico and seven others (three of which Aguila has dismissed) for breach of oral contract...

Excerpt: ...entative Ruling: The court denies plaintiff Alan Cerf's motion to quash deposition subpoenas. Background: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. Plaintiff alleges that, on December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left ...

Excerpt: ...tional Railroad Passenger Corporation dba Amtrak Michelle A. Birtja for Third Party Witness, Revel Miller, Ph.D. TENTATIVE RULING: The motion of defendant Amtrak to compel third party witness Revel Miller, Ph.D. to comply with its deposition subpoena is granted as set forth herein. BACKGROUND: This is an action for dangerous condition of public property, negligence (wrongful death), and public nuisance. On March 11, 2017, the decedent, Connor Edw...

Excerpt: ...ilarly situated: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: The motion of plaintiff for final approval of class action settlement is granted. Background: On March 16, 2015, plaintiff Shawn LaFountain, individually and on behalf of others similarly situated, filed this putative class acti...

Excerpt: ...Kenney, McGarrigle, Kenney & Zampiello, APC TENTATIVE RULING: For the reasons set forth below, the motion of plaintiff Hope Ranch Park Homes Association for an award of attorney fees is denied. The request of defendants A. Stuart Rubin and Annette Rubin for an award of monetary sanctions is also denied. Background: On June 29, 2017, plaintiff Hope Ranch Park Homes Association (Hope Ranch) filed its complaint in this action to collect monetary pen...

Excerpt: ...ts for Admission, Set Two, is denied. BACKGROUND: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. According to the complaint, on the afternoon of December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left side of his head by a golf club tha...

Excerpt: ...ifornia Coastal Commission and State Coastal Conservancy to Confirm Extension of Five Year Deadline to Bring Case to Trial and to Continue Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, indiv...

Excerpt: ...: Jonathan C. Teller (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: 1. The court grants defendant Community Solutions, Inc.'s motion for sealing Exhibit F in support of the motion for summary judgment. 2. The court denies defendant Community Solutions, Inc.'s motion for summary judgment. Background: This is an action for wrongful death. Plaintiffs John Str...

Excerpt: ... to amend. Complaint: Plaintiff Centex Group, Inc. (“CG”), alleges: Defendant Wells Fargo Bank, N.A. (“WF”) provided account services to individual(s) going by the name “Cheapside Trading Company” (“Cheapside”). Cheapside executed an e-mail scam in which they impersonated CG's vendor and induced CG's agent to deposit $22,119.10 from CG's Chase Bank account into the WF account owned or managed by Cheapside on February 16, 2019. CG ...

Excerpt: .... Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff 660 BVD, LLC, for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint...

Excerpt: ...elaine Moreno and Emily Walker TENTATIVE RULING: The motion of defendants Shelaine Moreno and Emily Walker for good faith settlement determination is granted. All pending and/or future claims against the settling defendants for equitable indemnity or contribution based on comparative negligence or comparative fault are dismissed. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle collision. On August 8, 2016, at ap...

Excerpt: ...ffice of the City Attorney; Eugene P. Ramirez, G. Craig Smith, Nicole M. Threlkel, Manning & Kass Ellrod, Ramirez, Trester LLP TENTATIVE RULING: Counsel for all parties are to appear, in person or by telephone, for the hearing on this motion. Background: Plaintiff Bridget Bryden filed her complaint against defendant City of Santa Barbara (City) on April 7, 2017, asserting in her complaint five causes of action: (1) violation of Labor Code section...

Excerpt: ...n and Sober, Inc. Paul D. Singer for Defendant Community Solutions, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Stalwart Clean and Sober, Inc. is denied. The court finds that there are triable issues of fact as to plaintiffs' claims in the matter. BACKGROUND: This is an action for wrongful death. Plaintiffs John Strumfler and Tracy Morris are the parents of the decedent, John Charles Strumfler, a parolee with a severe hero...

Excerpt: ...eph, Maranga Morgenstern TENTATIVE RULING: The motion of plaintiff Sharon E. Green to sequester and review records filed under seal in criminal cases is denied. Background: This is the lead case consolidated with Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524. On May 24, 2017, plaintiff Sharon Green filed her complaint in this action against defendant Mary Long Berry. The complaint alleges causes of action for...

Excerpt: ...tive Enhancement Awards ATTORNEYS: Garry M. Tetalman for Plaintiffs and Class Rafael Gonzalez for Defendant Santa Barbara Brewing Company, LLC TENTATIVE RULING: Plaintiffs' motion for final approval of class action settlement and class certification is granted. Plaintiffs' motion for approval of class counsel's fees, litigation costs, class representative enhancement awards, and claims administrator fees is granted as set forth herein. BACKGROUND...

Excerpt: ...timatebrands, Inc. (3) Application of Right to Attach Order and for Issuance of Writ of Attachment against Defendant Ultimate Franchises, Inc. ATTORNEYS: For Plaintiff 660 BVD, LLC: Todd A. Amspoker, Ryan D. Zick, Price, Postel & Parma LLP For Defendants Ultimate Brands, Inc., 2Ultimatebrands, Inc., and Ultimate Franchises, Inc.: John A. Dells, Warren B. Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the applications o...

Excerpt: ... Warren B. Campbell, Long & Delis TENTATIVE RULING: The application of plaintiff 660 BVD, LLC for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint for nonpayment on a guara...

Excerpt: ...nted TENTATIVE RULING: The motion of plaintiffs for terminating sanctions against defendant Sal Espinoza is granted in part and denied in part. The court orders that, on or before August 9, 2019, defendant Sal Espinoza shall serve on counsel for plaintiffs written, verified responses, without objection, to plaintiffs' form interrogatories, set one, and to plaintiffs' demand for production and inspection of documents, set one. On or before June 17...

Excerpt: ...ckground: Plaintiff Laura Dewey filed this action against defendant Tarek Suleimanagich for breach of written contract and common counts for account stated and services rendered. Motion: Plaintiff moves for an order declaring defendant a vexatious litigant under CCP § 391(b)(3),which defines a vexatious litigant as a person who “In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other paper...

Excerpt: ...o Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP 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, Cappello & Noel LLP For Defendants California Coastal ...

Excerpt: ...to Demand for Production of Documents and Request for Monetary Sanctions Attorneys: For Plaintiff: Eric A. Woosley Defendant: self represented Tentative Ruling: 1. The court grants plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP's motion to compel further responses to form interrogatories and orders defendant/cross-complainant Henry Aguila to provide further responses to form interrogatories ##12.1 and 12.2 in each of the two s...

Excerpt: ...fs Greg Smith and Judith Smith Robin L. Lewis, Assistant 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 for order augmenting the administrative record and/or admitting extra-record evidence is granted. The petition for writ of mandate challenging the determination by City Engineer Brian D'Amour that th...

Excerpt: ...nna Dyriam for Defendant Max Baril Barry Z. Brodsky for Defendant Meridian Group Real Estate Management, Inc. TENTATIVE RULING: Defendant's motion for order compelling plaintiff to provide further responses to form interrogatories is granted. Plaintiff shall provide its further responses, without objections, on or before June 13, 2019. Defendant is awarded monetary sanctions in the amount of $1,413.40. BACKGROUND: Plaintiff Filippini Wealth Manag...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Angelina Dettamanti to quash service and to vacate orders is denied. Counsel for the parties are to be prepared to discuss the issue of mootness at the hearing of this motion as identified by the court. Background: This civ...

Excerpt: ...ent Services to Second Amended Cross-Complaint of Dario L. Pini and for Award of Sanctions ATTORNEYS: For Plaintiff People of the State of California etc.: Ariel Pierre Calonne, John Doimas, Office of the City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aqua...

Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...

Excerpt: ...quest for Monetary Sanctions ATTORNEYS: John B. Richards for Plaintiffs Crystal R. Kerrigan and Madilyn R. Schrader, by and through her Guardian ad Litem Crystal R. Kerrigan Lacy L. Taylor for Defendants David Gerrity and Janette Van Hirtum TENTATIVE RULING: The motion of defendant David Gerrity to compel IME of plaintiff Crystal R. Kerrigan and request for monetary sanctions in the amount of $2,540.00 is granted as set forth herein. The motion o...

Excerpt: ...ntative of the Estate of Carolyn Jane Winther, to the second, third, and fourth causes of action in plaintiffs' complaint, as to plaintiff Walter J. Henning, individually and as trustee of the Walter C. Henning Trust and as trustee of the Caroline Henning Trust, and as to plaintiff James E. Henning, without leave to amend. The court overrules the demurrer in all other respects. 2. The court denies the motion of defendant John Mogens Henning to st...

Excerpt: ...uentes Paul V. Ash for Defendants Petra Avendano and Jaime Guerrero TENTATIVE RULING: Defendants' motion to strike the punitive damages allegations in plaintiffs' first amended complaint is granted. Plaintiffs shall have to and including May 23, 2019, to file a further amended complaint. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on June 27, 2018, plaintiffs Eustacio ...

Excerpt: ...oseph P. McMonigle, Jennifer A. Becker, Long & Levit LLP TENTATIVE RULING: As set forth herein, defendants shall appear at the hearing on this motion and present a completed application for order in compliance with Santa Barbara County Superior Court Local Rules, rule 1303(a). The court will further address this motion at the hearing. Background: On June 1, 2017, plaintiff Michael S. Little filed his original complaint in this action against defe...

Excerpt: ...and as trustees of the Merle and Marilyn Taylor Living Trust UTD July 26, 1995: Lacy L. Taylor, John J. Thyne III, Law Offices of John J. Thyne III For Defendant and Cross-Defendant Robert Houston, Jr., and Defendant Linda Lukas: Self-represented For Defendant Any Kind Loan Funding, Inc.: not represented For Defendant Andrew Dioli and Defendants and Cross-Defendants Rushmyfile, Inc., and FMC Lending: Edward T. Weber, Kristi M. Wells, Law Offices ...

Excerpt: ...ING: For the reasons set forth herein, the motion of defendant Tarek Suleimanagich for judgment on the pleadings is denied as untimely. Background: Plaintiff Laura Dewey filed her original complaint in this action against defendant Tarek Suleimanagich on August 14, 2017. The complaint asserts two causes of action against Suleimanagich: (1) breach of written contract; and (2) common counts for account stated and for services rendered. The contract...

Excerpt: ...he complaint in this case. Complaint: On January 4, 2019, plaintiffs Rodrigo Isidro De Jesus and Gregoria Julita Garcia-Osorio filed their complaint against defendants California Highway Patrol (CHP), State of California (State), and Felipe Amalio Hernandez. As relevant here, plaintiffs allege: Defendant Hernandez operated a vehicle owned by CHP and State in the course and scope of his employment. [¶¶19, 20] On May 1, 2018, Hernandez operated t...

Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: The court continues the hearing on defendant's motion to June 3, 2019. Defendant Angelina Dettamanti shall file and serve a supplemental brief as set forth herein on or before May 6, 2019. Any other party may file and serve a response to this supplemental brief on or before May 13...

Excerpt: ... Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP 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, Cappello & Noel LLP For Defendants California Coastal Commission and State Coastal Conservancy:Xavier Becer...

Excerpt: ...McLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: The court grants defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for leave to file second amended answers to complaint. Background: On December 27, 2016, plaintiffs Co...

Excerpt: ...fendants Martin Jarchow and Summerland Builders Edward J. Valdespino for Defendant American Bankers Insurance Company Caryn Brottman Sanders for Defendant Universal North American Insurance Company TENTATIVE RULING: The demurrer of defendant Martin Jarchow to plaintiffs' first, second, and third causes of action for negligence, negligent misrepresentation, and fraud is overruled. Defendant shall file and serve his answer to plaintiffs' first amen...

Excerpt: ...La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of the Third Amended Complaint as to Plaintiff Norm Salter (2) Motion of Cross-Defendants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of Cross-Complaint of Dilip Ram ATTORNEYS: For Plaintiffs and Cro...

Excerpt: ...of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and cross-defendants Trigild...

Excerpt: ...nd plaintiff is ordered to pay to defendant the amount of $5,325. The motion for issue or evidence sanctions is denied, based upon the motion's failure to include the mandatory separate statement required by California Rules of Court, rule 1.345(a)(7) for such motions. The Court issues a further order compelling plaintiff to appear for the continued deposition and the IME, as outlined below, and cautions her that if she fails to appear for either...

Excerpt: ...er Beary Jeffrey P. Walsworth / Elizabeth L. Huynh of WFBM, LLP for defendants Fiore Management LLC a.k.a. Canndescent and Adrian Z. Sedlin James A. Anton for intervenor HCB Financial Corp. TENTATIVE RULING: The motion for reconsideration is denied. The Court finds that the new facts asserted by moving parties do not provide a basis for reconsideration of its prior ruling on the intervention issue. Background: Intervenor HCB Financial Corp. (HCB)...

Excerpt: ...hear from them twice. This case shares a common profile with many cases that are tried before the court in a unified manner on a regular basis. There are ways other than bifurcation to make sure that the presentation of damages issues in the case is properly controlled and fair to both sides of the case, in terms of duplicative or repetitive testimony and evidence- the court expects a reasonable and efficient presentation of the case. ...

Excerpt: ...cLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: 1. The court grants, in part, defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for summary judgment or, in the alternative, summary adjudication. The court grants summar...

Excerpt: ...he City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and c...

Excerpt: ...roup of Santa Barbara, Inc.: Timothy J. Trager, Meghan K. Woodstone, Reicker, Pfau, Pyle & McRoy LLP TENTATIVE RULING: The motion of defendants Pueblo Radiology Medical Group, Inc., and Pueblo Radiology Medical Group of Santa Barbara, Inc., for summary judgment or alternatively for summary adjudication will be denied in its entirety. Background: In the operative pleading, plaintiff John J. Stef's second amended complaint (SAC), Stef alleges a sin...

Excerpt: ...cuments, Set One, and Sanctions Attorneys: For Plaintiffs: Philip D. Dracht; Jeffrey L. Oakes (Beary & Oakes – New Orleans) For Defendants Fiore and Sedlin: Elizabeth L. Huynh (WFBM, LLP – Orange) Tentative Ruling: The court grants, in part, defendant/cross-complainant Fiore Management LLC aka Canndescent's motion for orders compelling verifications, privilege logs, and responses/further responses to requests for production of documents, set ...

Excerpt: ... Respondent Carrillo Builders, Inc.: Xavier Centina TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on March 20, 2...

Excerpt: ... Brian J. Panish, Candice Klein, Sarah Kim, Panish Shea & Boyle LLP; Renee J. Nordstrand, Matthew M. Morrison, NordstrandBlack PC For Defendant Southern California Edison: Jason M. Booth, Paul D. Rasmussen, Benjamin L. Caplan, Booth LLP; Leon Bass, Jr., Laura A. Meyerson TENTATIVE RULING: The motion of defendant Southern California Edison Company to compel further responses by plaintiff Richard Anthony Easbey to defendant's request for production...

Excerpt: ...k TENTATIVE RULING: The motion of defendants to compel arbitration and stay all proceedings in this court is granted. BACKGROUND: Plaintiff Iaian Filippini (“Filippini”) is an investment advisor and a principal of plaintiff Filippini Wealth Management, Inc. (“FWM”). In 2008, defendants David B. Avrick and Jean L. Avrick initiated arbitration against Filippini and others arising out of certain investments defendants had made. In 2009, the ...

Excerpt: ...fornia Department of Transportation, et al., Case No. 18CV00937 (Judge Sterne) HEARING DATE: January 14, 2019 MATTER: Motions (8) to Quash Deposition Subpoenas for Production of Business Records ATTORNEYS: Anthony E. Vieira for Plaintiffs Daniel Laurin O'Keefe and Kelly Anne O'Keefe Brock Christensen for Defendant National Railroad Passenger Corporation dba Amtrak TENTATIVE RULING: The tentative ruling on plaintiffs' eight motions to quash deposi...

Excerpt: ...netary Sanctions Motion for Leave to File Second Amended Complaint and Motion for Extension of Time to File a Motion to Compel Further Response to Interrogatories and Request for Production of Documents Attorneys: Plaintiffs: Self-represented For Defendants: Mark T. Coffin (Law Offices of Mark T. Coffin); Lori L Dunivan (Thomas/Lucas – San Diego) Tentative Ruling: 1. The court strikes plaintiffs' Motion for Protective Order Limiting and/or Rest...

Excerpt: ...ted: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing of this motion to discuss scheduling issues for notice and the hearing on final approval. Background: On March 16, 20...

Excerpt: ...nant West Coast Private Investments, LLC Frederic T. Tanner / Steven A. Garcia of Nelson Griffin LLP for cross- defendant Laurence J. Bloom TENTATIVE RULING: The demurrer is ordered off calendar, based upon cross-defendant's failure to comply with the mandatory pre-demurrer requirements set forth in Code of Civil Procedure section 430.41. Cross-defendant is ordered to answer the cross- complaint no later than February 8, 2019. Background: This is...

Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...

Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...

Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...

Excerpt: ...nifer M. Miller (Nye, Peabody, et al.) For Defendants Schulman and Triathlon Club: Steven B. SToltman, eta l. (Stoltman, Levitt, et al. – Thousand Oaks) Tentative Ruling: The court grants defendant Regents of the University of California's Motion for an Order Authorizing the Production of Student Identifying Information Subject to Protective Order. The court orders that Regents of the University of California shall disclose the identity of the ...

Excerpt: ...otion of Defendants Westen Family Group LLC and Derek Westen for Leave to File First Amended Answer Attorneys: For Plaintiffs Nicole Nagel and ESY Investments, LLC: Paul J. Laurin, Matthew B. O'Hanlon, Jonathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Roge...

Excerpt: ... Bobby Saadian, Colin M. Jones, Jonathan C. Teller, Wilshire Law Firm For Defendant Community Solutions, Inc.: Thomas E. Beach, Darryl C. Hottinger, Paul D. Singer, Beach Cowdrey Jenkins, LLP For Defendant Stalwart Clean and Sober, Inc.: Samuel A. Wyman, Jack H. Snyder, Wolfe & Wyman LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Community Solutions, Inc., is sustained, with leave to amend, as to all causes of a...

Excerpt: ... demurrer to the second cause of action in the first amended complaint of plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., and sustains the demurrer to the third cause of action without leave to amend. Defendants Sedlin and Fiore Management, L.L.C., dba Canndescent, shall file their answer to the remaining portions of the first amended complaint on or before August 9, 2018. Background: In their First Amended Complaint, plaintiffs Canndescent...

Excerpt: ...C: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: The motion of defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D., for judgment on the pleadings is granted, with leave to amend, as to all causes of action brought by plaintiff ART Reproductive Center, Inc. Plainti...

Excerpt: ...Whitehead, Ray Bourhis Associates For Defendant Fireman's Fund Insurance Company: Randy M. McElvain, Bein A. Berube, Weston & McElvain LLP Tentative Ruling: The motion of defendant Fireman's Fund Insurance Company to strike portion of plaintiffs' complaint is ordered stricken and the hearing ordered off calendar. Defendant Fireman's Fund shall file and serve its answer to the complaint on or before August 7, 2018. On May 1, 2018, plaintiffs Your ...

Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...

Excerpt: ...nathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Rogers, Sheffield & Campbell, LLP For Defendant Peter K. Westen, individually and as trustee of the Westen 2010 Trust U/A dated July 28, 2010: R. Chris Kroes, Linda Elias-Wheelock, McCarthy & Kroes For Defend...

Excerpt: ...Self-represented Tentative Ruling: The motion of petitioner Villa Sycamore Owners' Association is granted and the court awards post-arbitration attorney fees (in addition to attorney fees included in the arbitration award) in favor of petitioner Villa Sycamore Owners' Association and against respondent Jill L. Ariew in the amount of $4,408.25. Background: On March 27, 2018, petitioner Villa Sycamore Owners' Association filed its petition to confi...

Excerpt: ...ebra S. Fischl, Effres & Associates For Defendants Santa Barbara Cottage Hospital, Cecilia Gaete (Doe 52), and Meghan Murphy (Doe 53): Maureen E. Clark, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendant John Park, M.D. (Doe 51): Barbara S. Kilroy, Jennifer J. Henderson, Hall, Hieatt & Connely, LLP Tentative Ruling: The motion of plaintiffs for leave to file a first amended complaint is granted in part and denied in part. T...

Excerpt: ...David C. Hinshaw for plaintiffs and cross-defendants Norman Salter and Spectra America, LLC and cross-defendant Focus Builders, Inc. Katie C. Brach for defendants and cross-complainants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, James Lassetter, and American Contractors Indemnity Company Gregg A. Martin for defendants, cross-complainants, and cross-defendants Martin Newton and Point III Holdings, Inc. Bruce M. Lorman for cro...

Excerpt: ...nt/Cross-Defendant HMBL: Paul C. Kwong (Mavredakis Cranert – Pasadena) For Cross-Defendant/Cross-Complainant Presbytery and Synod: Robert W. Brockman, Jr. (Daley & Heft – Solana Beach) Tentative Ruling: 1. The court denies plaintiff Katelyn Geary's motion to consolidate cases for all purposes, including trial. 2. The court grants the motion of cross-defendant HMBL, LLC, dba Holiday Inn Express Carpinteria (erroneously sued as HMBL, a limited ...

Excerpt: ...lor Living Trust dated July 26, 1995 Francis J. Cunningham for defendant West Coast Private Investments, LLC Edward T. Weber for defendant Rush My File, Inc. Robert Houston, Jr., defendant in pro per Linda Lukas, defendant in pro per Any Kind Loan Funding, Inc ., defendant not represented TENTATIVE RULING: Defendant West Coast's motion for leave to depose defendant Robert Houston while he is in custody in the Orange County Jail is granted. Plaint...

Excerpt: ...mily Group, LLC to Further Resond to Plaintiffs' Production Demand Set 5, Number 7, and Motion for an Order that Westen Family Group, LLC pay the Entire Referee's Fee Motion for Summary Judgment or, in the Alternative, Summary Adjudication Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); K. Andrew Kent (Rincon Venture Law Group – Westlake Village) For Defendants Westen Family Group and Derek Westen.: Scott...

Excerpt: ...; plaintiff's counsel is directed to submit a different proposed judgment which complies with the restrictions and standards set forth below. Background: This is an action for unlawful detainer, related to property located at 3055 Lucinda Lane, in Santa Barbara. Plaintiff purchased the property in a foreclosure sale on October 11, 2017. On October 31, 2017, plaintiff served a notice to quit and deliver up possession of the premises (3-days' notic...

Excerpt: ...ies of Santa Barbara, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: As set forth herein, the court on its own motion strikes the motion for judgment on the pleadings for failing to comply with Code of Civil Procedure section 439. The motion for judgment on the pleadings is ord...

Excerpt: ...for plaintiff Martin P. Cohn / Raymond Rengo of Cohn Rengo for defendants TENTATIVE RULING: The motion is denied. Background: This is a collections action based upon the failure to pay workers' compensation insurance premiums in accordance with the terms and conditions of the policies. The complaint, which alleges breach of contract and common counts causes of action, was filed on November 13, 2017. Individual defendants Juan Perez Jasso and Vick...

Excerpt: ...l / Ryan V. Jacobs for defendant Caltran Jennifer T. Tseng / Keith W. Moreton / H. Daniel Burrows of Tseng Associates for defendant Sheline Diana Moreno Shayne L. Wulterin of Ford, Walker, Haggerty & Behar for defendant Emily Walker TENTATIVE RULING: The motion is granted. Background: This is a personal injury action arising from a vehicle collision which occurred on August 8, 2016, at the intersection of the southbound off-ramp to State Route 10...