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

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

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

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

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

Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING:...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...d/or Adjudication ATTORNEYS: For Plaintiffs Daniel Laurin O'Keefe, Kelly Anne O'Keefe, Individually, and as the Surviving Heirs, Personal Representatives, Successors in Interest of Decedent, Connor Edward O'Keefe, and/or as Administrators or Executors of the Estate of Connor Edward O'Keefe: Deborah S. Chang, Candice S. Klein, Sarah S. Kim, Chang | Klein LLP; Daniel W. Johnson, Berglund & Johnson Law Group For Defendant County of Santa Barbara: Ra...

Excerpt: ... Protective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: Plaintiff's motion is granted. Background: This is a wrongful termination lawsuit brought by plaintiff Frank Anthony Basulto against defendant Foodbank of Santa Barbara. As alleged in...