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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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