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

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

Excerpt: ...Cross-Complainant James A. Carr and Defendant Punta Gorda 1317, LLC: John J. Thyne, III, Thyne Taylor Fox Howard, LLP TENTATIVE RULING: The motion of defendants James A. Carr and Punta Gorda 1317 for an order expunging the notice of pendency of action (lis pendens) is granted. The court will address all issues regarding moving parties' request for an award of attorney fees upon a subsequently filed noticed motion. Background: As alleged in plaint...

Excerpt: ... Plaintiff McCoy Electric Corporation Richard H. Glucksman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stuart Rubin Gabriel Z. Reynoso for Cross-Defendant and Cross-Complainant Monterey Energy Group, Inc. Andreea Custurea for Cross-Defendant and Cross-Complainant Creston Electronics, Inc. TENTATIVE RULING: The motion of cross-defendant and c...

Excerpt: ...ndants CanJV, LLC, MSLTD, LLC, Lee McPherson, and Christopher Beary James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: The demurrer of cross-defendants to the cross-complaint of Fiore Management, LLC is sustained. The Fiore cross-complaint is ordered abated pending the outcome of Case No. 21CV01196. BACKGROUND: This action arises out of an investment dispute. Plaintiff Canndescent JV, LLC (“CanJV”) is a Texas limited li...

Excerpt: ...William C. Makler for Petitioner Jhonnatan I. Lemus Diaz Lauren E. Sible, Deputy Attorney General, for Respondent Steven Gordon, Director, California Department of Motor Vehicles TENTATIVE RULING: The petition for writ of mandate of Jhonnatan I. Lemus Diaz to set aside the suspension of his driver's license is denied. BACKGROUND: On April 19, 2021, petitioner Jhonnatan I. Lemus Diaz was arrested for driving under the influence after California Hi...

Excerpt: ...irling, Hale & Miller, LLP for defendant TENTATIVE RULING: For the reasons more fully articulated below, the demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On Apri...

Excerpt: .... Lenkov for Defendant City of Santa Barbara Karen Harmeling for Defendant Santa Barbara Zoological Foundation TENTATIVE RULING: Motion for summary judgment of Defendant City of Santa Barbara is denied. BACKGROUND: This is a personal injury action resulting from a trip-and-fall incident. Plaintiff is Edna L. Phillips. Defendants are the City of Santa Barbara (“City”) and the Santa Barbara Zoological Foundation (“Foundation”). On May 1, 20...

Excerpt: ...f Briscoe Ivester & Bazil, LLP for plaintiff John C. Tarlton, as Trustee of the John C. Tarlton Generation Skipping Trust dated June 14, 2002. Dean E. Dennis / Jeffrey B. Bell of Hill, Farrer & Burrill, LLP for defendant Gregory B. Stanislawski, as Trustee of the Bella Vista Trust, dated April 12, 2010 TENTATIVE RULING: For the reasons articulated below, the motion will be denied. Background: Plaintiff's complaint was filed on August 9, 2018, and...

Excerpt: ...ticulated below, the Court will overrule the demurrer, and order defendant to answer the complaint on or before November 1, 2021. Background: This is an action for commercial unlawful detainer. The verified complaint, filed on September 14, 2021, attaches a written commercial lease for property located at 35 N. Calle Cesar Chavez, in Santa Barbara, for a term of 5 years, with an option to purchase the property within the initial term, and two 5 y...

Excerpt: ...r, M.D., for Summary Judgment (3) Motion of Defendant John C. Blaustein, M.D., for Summary Judgment (4) Motion of Defendant John Anis, M.D., for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendants Santa Barbara Cottage Hospital, Inc., Mark G. Hauser, M.D., John C. Blaustein, M.D., and John Anis, M.D.: Thomas F. McAndrews, Beth Ann Neri, Alexandra J. Muehl, Reback, McAndrews, Blessey, LLP TENTATIVE RULING...

Excerpt: ...defendant TENTATIVE RULING: The demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On April 1, 2021, without any response having been filed, Unander filed her FAC agai...

Excerpt: ...s a business/employment dispute relating to a putative joint venture. Before the Court this day are two discovery motions filed by plaintiff, seeking further responses to special interrogatories and RPDs from defendants. For the reasons which follow, the motions are CONTINUED to discharge the meet and confer requirement. Discussion: In California, discovery is supposed to be self-executing. For that reason, before resorting to judicial interventi...

Excerpt: ...ark Sellers, the son of Rosemary Leahy. The salient allegations consist of both care custodian abuse, as well as financial abuse, by Rosemary'Leahy's lawfully wedded husband – the defendant herein. Before the Court this day is an unopposed motion by plaintiff to compel defendant's attendance at, and participation in, a regularly-noticed deposition. While the motion may have merit, the motion must be continued for further briefing. Discussion: D...

Excerpt: ...plaintiff to “compel discovery responses.” For the reasons which follow, the motion is GRANTED in part. Discussion: A party in receipt of a request to produce documents is entitled to only three choices: (1) a statement of compliance, which includes the actual documents (organized and labeled for ease of review) or a clear indication as to when and how the documents will be provided; (2) a statement of noncompliance based on inability, confir...

Excerpt: ...estors LP Julie N. Nong for Defendant and Judgment Debtor Henry Aguila TENTATIVE RULING: The motion of plaintiff Pico Rivera First Mortgage Investors LP for order to show cause (“OSC”) re contempt is granted. Defendant Henry Aguila is ordered to appear on November 1, 2021, at 10:00 a.m., in this department, and show cause why he should not be held in contempt for unlawfully interfering with the process and proceedings of this court. BACKGROUN...

Excerpt: ...motion of defendant Ian Alvarado to strike plaintiff's claim for punitive damages is denied. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. Plaintiff is Ila Delmarsh. Defendants are Ian Alvarado and Lorenzo Alvarado. On December 25, 2019, on Walnut Lane just south of Hollister Avenue in Santa Barbara County, defendant Ian Alvarado allegedly operated a vehicle owned by defendant Lorenzo Alvarado in suc...

Excerpt: ... Castagnola Brothers Trust David Campbell Smith for Defendant Brannan Mason TENTATIVE RULING: Plaintiff's application for right to attach order and for order for issuance of a writ of attachment is denied. BACKGROUND: This is an action for breach of a commercial lease agreement. Plaintiff is The Northern Trust Company as Trustee of the Eight Castagnola Brothers Trust. Defendant is Brannan Mason. On May 9, 2018, plaintiff and defendant entered int...

Excerpt: ...Ruling: This in an insurance bad faith case. Before the Court this day are two discovery motions by plaintiff Passport 420 LLC, seeking a Code-compliant, objection-free response to its Request for Production of Documents and Special Interrogatories. The landscape has changed slightly from when the motion was first filed, but according to plaintiff, judicial intervention is still required. The salient facts are straightforward. In January of 2017,...

Excerpt: ...murrer is overruled. Defendant is directed to file his answer the complaint no later than October 4, 2021. DISCUSSION: Background: Plaintiffs are the owners and agents of real property located at 246 West Alamar, Unit 2, in Santa Barbara. On May 20, 2020, they entered into a written 12-month Residential Rental Agreement with defendant, with defendant's tenancy to commence May 22, 2020, and run through May 31, 2021. The rent for the premises was $...

Excerpt: ...ng Christopher P. Wesierski / Michelle R. Prescott of Wesierski & Zurek, LLP for defendant Thomas Wilber Swiggum TENTATIVE RULING: The motion is denied. Background: Based on the information before the Court, on the evening of March 12, 2020, plaintiff Chenyi Huang and her boyfriend, David Ding were waiting on the north side of Calle Real in Goleta for the “walk” signal at the mid-block, signal- controlled, pedestrian cross-walk. Ding had acti...

Excerpt: ...iam M. Slaughter / Jonathan D. Marshall / Marco R. Castanos of Slaughter, Reagan & Cole, LLP for defendants Joshua Vides and Patti Jeanne Vides TENTATIVE RULING: The motion is granted in part, as discussed below. Background: This action arises from injuries suffered by plaintiff Georgia Avery (Avery) when she was allegedly attacked by defendant Cora Vides (Cora) on February 14, 2021. [The Court will refer to Cora by her first name, not out of any...

Excerpt: ...TATIVE RULING: The demurrer of defendant and cross-defendant James Newton Powell to the cross-complaint of defendant and cross-complaint California Department of Transportation is overruled. Powell shall file and serve his answer to the cross-compliant on or before September 20, 2021. BACKGROUND: This is an action for personal injuries arising out of an automobile vs. pedestrian collision on December 5, 2019, on Patterson Avenue at the intersecti...

Excerpt: ...laintiff's complaint for unlawful detainer is overruled. Defendant shall file and serve his answer to the complaint on or before September 3, 2021. BACKGROUND: This is an action for unlawful detainer. Plaintiff Laura J. Austin is the owner of residential real property located 5688 Fiesta Drive, Carpinteria, California 93013. On February 2, 2019, plaintiff and defendant William C. Holmes entered into a written rental agreement for the premises whe...

Excerpt: ... a medical records release, or for appointment of referee to review records ATTORNEYS: Vivian Yochelson of Yochelson & Associates and Ellen Levin of Law Office of Ellen Levin P.C. for plaintiff Jennifer T. Tseng / David H. Lieerthal / H. Daniel Burrows of Tseng & Associates for defendants Margarito Avila and El Alba Beef, Inc. TENTATIVE RULINGS: The motion for leave to file a cross-complaint is granted. The motion to compel plaintiff to execute a...

Excerpt: ...pinteria Valley Farms, LLC and Patrick M. Nesbitt Paul Lee, Senior Deputy County Counsel, for Respondent Santa Barbara County Board of Supervisors TENTATIVE RULING:The petition for writ of mandate of petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt is denied. BACKGROUND: Petitioners Carpinteria Valley Farms, LLC and Patrick M. Nesbitt are the owners of real property located at 2800 Via Real Lane, Summerland, California, which incl...

Excerpt: ... Department of Industrial Relations, Division of Labor Standards Enforcement for the California Labor Commissioner For Defendant Coastal Getaways Realty, Inc.: Gary Goldberg TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Shane Amburn to dismiss the appeal is granted. The court awards reasonable attorney fees against defendant Coastal Getaways Realty, Inc., in the amount of $800.00. Plaintiff shall prepare, serve, and ...

Excerpt: ...rement Association to County of Ventura's Complaint in Intervention (2) Demurrer of Ventura County Employees' Retirement Association to Cross-Complaint of Leroy Smith ATTORNEYS: For Plaintiff and Cross-Defendant Ventura County Employees' Retirement Association: Ashley K. Dunning, Peter Mixon, Aalia Taufiq, Alexander Westerfield, Nossaman LLP For Defendant and Intervenor County of Ventura: Tiffany N. North, Emily T. Gardner, Office of the Ventura ...

Excerpt: ... Office for defendant County of Santa Barbara, erroneously sued as Santa Barbara County Animal Services TENTATIVE RULING: The demurrer to each cause of action is sustained, without leave to amend, and plaintiffs' action is ordered dismissed. Background: On October 6, 2020, plaintiffs filed their original complaint in this action asserting four causes of action against defendants County of Santa Barbara, erroneously sued as Santa Barbara County An...

Excerpt: ...F. Kozak, M.D. ATTORNEYS: Plaintiff is self-represented. Mark S. Ashworth / Carissa A. Ashworth-Johnson of Ashworth & Ashworth, LLP for defendant John Craviotto, D.C. dba Craviotto Family Chiropractic Raymond L. Blessey / Sean L. Cooper of Reback, McAndrews & Blessey, LLP for defendant Scott F. Kozak, M.D. TENTATIVE RULINGS: For the reasons articulated below, the Craviotto motion for summary judgment is denied based upon the existence of numerous...

Excerpt: ...t Pico Rivera First Mortgage Investors, LP and Cross-Defendants Mortgage Company of Santa Barbara, Inc., and PR Mixed Use, LLC Julie N. Nong for Defendant and Cross-Complainant Henry Aguila Andrew L. Leff for Cross-Defendants Guru Thapar and Forward Beverly Hills, Inc. dba Keller Williams Realty and dba Keller Williams Commercial Rinat K. Erlich for Cross-Defendant Wolf Baschung K. Joseph Shabani for Cross-Defendants K. Joseph Shabani and Optimus...

Excerpt: ... Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab TENTATIVE RULING: The demurrer of defendant Apex Dental Laboratory Group, Inc. dba Robertson Dental Lab to plaintiff's first, second, and fourth causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud (false promise) is overruled. Defendant's motion to strike the punitive damages allegations is denied. BACKGROUND: This action con...

Excerpt: ...r; Alan M. Goldberg, Law Crafters Legal Services, Inc. For Defendants and Cross-Complainants Mimi Brand and 1125 Veronica Springs Road, LLC: Jamie T. Hall, Channel Law Group TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Mimi Brand and 1125 Veronica Springs Road LLC to the first amended complaint of plaintiff Rebecca Brand is sustained, with leave to amend, as to the first, third, fourth, fifth, sixth, seventh (as ...

Excerpt: ...and Stephanie Dow Will Gustafson, Defendant In Pro Per Linda Gustafson, Defendant In Pro Per Grant Gustafson, Defendant In Pro Per Mark Gustafson, Defendant In Pro P OJT/Synergy Partners, LLC (not represented) TENTATIVE RULING: The motion of plaintiffs to strike the answer of defendant OJT/Synergy Partners, LLC is granted. Plaintiffs' request for attorney's fees is denied. BACKGROUND: This is an action on a promissory note. Plaintiffs are Paul Wi...

Excerpt: ...nt City Attorney, for Defendant and Cross-Complainant City of Santa Barbara Laura A. Meyerson for Defendant, Cross-Complainant, and Cross-Defendant Southern California Edison Company Mary Kay Glaspy for Defendant and Cross-Complainant Pacific Coast Tree Experts Domineh Fazel for Defendant and Cross-Defendant CN Utility Consulting, Inc. Jeffrey Leader for Defendant, Cross-Defendant, and Cross-Complainant Utility Tree Service, LLC TENTATIVE RULING:...

Excerpt: ... (2) Motion of Defendant Santa Barbara Unified School District to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP Tentative Ruling (1) For the reason...

Excerpt: ... Inc. Marcus S. Bird for Defendant and Cross-Complainant Investec Discovery Services, LLC Lisa I. Lawrence for Cross-Defendant Earth Tek Engineering Corporation TENTATIVE RULING: The motion of plaintiff Orr Builders, Inc. for good faith settlement determination is granted. BACKGROUND: On June 16, 2017, plaintiff Orr Builders, Inc. (“Orr”) filed its complaint against defendant Investec Discovery Storage, LLC (“Investec”) for non-payment re...

Excerpt: ...olved. By Minute Order dtd 01/06/21, the matter was transferred to the civil calendar. Before the Court this day is a motion by plaintiffs (landlords) to secure the deposition of defendant Lawrence Marston (tenant). For the reasons which follow, the motion to compel is GRANTED in part, and DENIED in part. Pertinent Background Here, plaintiffs served on the defense a notice of taking the deposition of defendant Lawrence Marston. That notice was se...

Excerpt: ... LLP For Defendant Eric Robert Estrada: Daniel C. Walsh, Matthew S. Jones, Freeman Mathis & Gary, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Eric Robert Estrada to strike portions of the complaint of plaintiff Brandon Mack is denied. Defendant Estrada shall file and serve his answer to the complaint on or before August 10, 2021. Background: As alleged in plaintiff Brandon Mack's complaint: On January 14, 2021,...

Excerpt: ...ed School District, et al.Case No. 20CV03946 (Judge Sterne) Hearing Date: July 19, 2021 Tentative Ruling: This is a personal injury arising out of a series of interactions between plaintiff and her high school teacher. the matter concerns two identical defense motions to quash or limit subpoenas issued to the Santa Barbara Police Department: Defendant Harmachis' motion to quash District's amended Santa Barbara PD subpoena, filed 03/30/21 (with op...

Excerpt: ...Nirasha Rodriguez, and Kennedy Cruz Rodriguez: Christopher M. Cotter, Jessica Farley, Snyder Burnett Egerer, LLP For Defendant Universal North America Insurance Company: Sheryl W. Leichenger, Bridget A. Moorhead, Selman Breitman LLP TENTATIVE RULING: The motion of defendant Universal North America Insurance Company for summary judgment or, alternatively, for summary adjudication is denied in its entirety. Background: Plaintiffs Jason Rodriguez an...

Excerpt: ...e allegations from SAC ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy & Kroes for plaintiff Judith M. Hall. Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Background: This personal injury action arises from an automobile accident which occurred on September 14, 2019, on S...

Excerpt: ...mily Chiropractic's Motion for Summary Judgment (3) Motion of Defendant Scott F. Kozak, M.D.for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendant John C. Craviotto, D.C., dba Craviotto Family Chiropractic: Mark S. Ashworth, Carissa A. Ashworth, Ashworth & Ashworth, LLP For Defendant Scott F. Kozak, M.D.: Raymond L. Blessey, Sean L. Cooper, Reback, McAndrews & Blessey, LLP TENTATIVE RULING: (1) Plaintiff...

Excerpt: ...n M. Bernal, Nye, Stirling, Hale & Miller, LLP TENTATIVE RULING: The demurrer of defendant The Regents of the University of California to the first amended complaint of plaintiff Robin Unander is sustained with leave to amend. Plaintiff shall file and serve her second amended complaint on or before July 27, 2021. Background: As alleged in plaintiff Robin Unander's first amended complaint (FAC): Unander is a licensed attorney who worked for defend...

Excerpt: ...Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., to plaintiffs' third amended complaint is overruled. The third amended complaint is deemed amended to replace “4727” in paragraph 48 with “4742.” Defendants sh...

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, Alamar III, LLC, Lowry Lane, LLC, Granville Holdings, Inc., Beta Trust, and Gamma Trust: Paul R. Burns, Sol...

Excerpt: ... Morgan S. Lucas of the District Attorneys' Office for the People E. Patrick Morris for defendants TENTATIVE RULING: The motion is denied. Background: This is the third in a series of motions for terminating and other sanctions filed by plaintiff People, based upon the same discovery they propounded upon defendants back in 2019. Because the matter builds on a series of matters which have been determined by the Court relative to a demand for produ...

Excerpt: ... Fox Howard, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the motion of plaintiff Santa Haven LLC for summary judgment is denied. (2) For the reasons set forth herein, the cross-motion of defendants Eric Hufford and Emily Brogan for summary judgment is ordered off calendar without prejudice. Background: On May 21, 2021, plaintiff Santa Haven LLC (Landlord) filed its complaint against defendants Eric Hufford and Emily Brogan (collec...

Excerpt: ...tative Ruling: This is a personal injury action against the supplier of home oxygen tanks. Plaintiff alleges in pertinent part as follows: “Plaintiff was discharged on or about October 11, 2017 with a discharge instruction to continue to use home oxygen as needed to maintain an oxygen saturation of 94% or higher. Plaintiff was given a home oxygen monitor to track oxygen saturation levels. Apria Healthcare Group Inc. ("Apria") agreed to deliver ...

Excerpt: ...court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the tele...