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...

Excerpt: ...e in pro per TENTATIVE RULING: The demurrer is overruled, and defendants are directed to file their Answer to the First Amended Complaint on or before June 28, 2021. Procedural Background: The original unlawful detainer complaint in this matter was filed on January 12, 2021, by plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. The compl...

Excerpt: ...Taylor for Defendants Eric Hufford and Emily Brogan TENTATIVE RULING: Defendants' motion to quash service of the summons and complaint for unlawful detainer is denied. Defendants shall file and serve their answer to the complaint on or before June 18, 2021. BACKGROUND: This is an unlawful detainer action involving residential real property. Plaintiff Santa Haven, LLC is the owner of real property located at 121 Burton Circle, Santa Barbara, Calif...

Excerpt: ... Granet, Claire K. Mitchell, Rimon, P.C. For Defendants Randall Quaid and Evgenia Quaid: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Randall Quaid and Evgenia Quaid for summary judgment on the complaint of plaintiffs R. Scott Turicchi and Lannette C. Turicchi is denied. Background: On November 25, 2019, plaintiffs R. Scott Turicchi and Lannette C. Turicchi filed their complaint in this action. The...

Excerpt: ...nett Sween, Jackson Lewis P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff James Gribble for final approval of this class action settlement is granted. The court confirms its preliminary approval of the settlement as final, approves for payment attorney fees in the amount of $152,760.00, approves for payment litigation expenses of $8,480.93, and approves for payment of an incentive payment to plaintiff Gribble in t...

Excerpt: ...e, Jessica Phillips, Maho & Prentice, LLP For Defendant Seacoast Village Homeowners Association: Jessica Saldo, Mark R. Weiner & Associates For Defendant City of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant City of Carpinteria to the complaint of plaintiff Kelly Perez is overruled. Defendant City shall file and serve its answer to th...

Excerpt: ...ntiff Ventura County Employees' Retirement System Emily T. Gardner, Principal Assistant County Counsel, for Defendant County of Ventura TENTATIVE RULING: The Demurrer of Defendant County to plaintiff's second cause of action for declaratory relief is sustained without leave to amend. BACKGROUND: Plaintiff Ventura County Employees' Retirement Association (“VCERA”) is a public entity retirement system established by defendant County of Ventura ...

Excerpt: ...oss-Complainant Anthony Valney: Jordan D. Hankey TENTATIVE RULING: For the reasons set forth herein, the special motion to strike of cross-defendant Kathleen Ousey is granted in part and denied in part. As detailed herein, the motion is granted to strike from paragraph BC-2 of the cross-complaint of cross-complainant Anthony Valney the allegation, “When Ousey learned of this, she caused to be filed a Request for Elder Abuse Restraining Order ag...

Excerpt: ...nterprises, Inc., and Taco Bell Corp.: Steven D. Levine, Law Office of Craig A. Holtz TENTATIVE RULING: (1) For the reasons set forth herein, the general and special demurrers of defendants Payatt Enterprises, Inc., and Taco Bell Corp. to the complaint of plaintiff Tasha Pitsenbarger are overruled in their entirety. (2) For the reasons set forth herein, the motion of defendants to strike portions of plaintiff's complaint is denied in its entirety...

Excerpt: ...iams for Plaintiffs Bosim and BM-CPC Tentative Ruling: This is a putative class action suit for alleged wage/hour violations occurring in the cannabis cultivation industry. At issue is a defense motion to compel arbitration of plaintiff's individual claims, and stay litigation of plaintiff's representative PAGA claim. The motion to compel is granted in part. The evidence does not support waiver, illegality or unconscionability. Thus, plaintiff's ...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...

Excerpt: ...s one of two consolidated personal injury actions stemming from a multi-vehicle collision occurring on Highway 101 near Goleta on 04/27/18. Before the Court this day is a defense motion in the related action (18CV06112) for a mental examination of plaintiff Balcazar, based on her putative claims of mental injury caused by a defect in the design of the 2017 Ford Focus she was driving at the time. Plaintiff concedes defendant's right to a mental ex...

Excerpt: ...y Church, et al.Case No. 1487319 (Judge Sterne) Hearing Date: May 24, 2021 Matter: Motions (4) to Compel Discovery Responses filed by the defense Tentative Ruling: This is a personal injury action involving allegations of clergy sexual abuse. Before the Court this day are four defense motions, seeking further responses from plaintiffs regarding ordinary information about ongoing ailments associated therewith. The motions are GRANTED in part, and ...

Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...

Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...

Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...

Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...

Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...

Excerpt: ...ey: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...

Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...

Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...

Excerpt: ...rtions 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 reasons set forth herein, the demurrer and motion to strike of defendant Matef H...

Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...

Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...

Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...

Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...

Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...

Excerpt: ... Santa Barbara Unified School District to Strike Portions of Complaint (3) Demurrer of Defendant Matef Harmachis to Complaint (4) Motion of Defendant Matef Harmachis 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 Harmachi...

Excerpt: ... Jean Nary and Kevin Russell Nary to Strike Portions of the Complaint ATTORNEYS: For Plaintiffs and Cross-Defendants Montecristo #1 Living Trust UTD 9/24/2015 and Montecristo #2 Living Trust UTD 9/24/2015 and Cross-Defendants Hugo Roberto Garcia and Marciel Gabriela Hines: John J. Thyne III, Lacy L. Taylor, Thyne Taylor Fox Howard, LLP For Defendants Laura Jean Nary and Kevin Russell Nary and Defendant and Cross-Complainant Butterfly Lane Condomi...

Excerpt: ...ve for plaintiff to file a First Amended Complaint on or before Monday, March 29, 2021. Background: Plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. It filed the current complaint for at-fault just cause unlawful detainer on January 12, 2021, related to premises located 98 So. Patterson Ave., Unit 205, which the complaint alleges is wi...

Excerpt: ...(3) Motion of Defendants for Release of 318-320 West Valerio and 626 West Cota Properties from Receivership (4) Motion of Receiver to Terminate Receivership Estate over 318-320 West Valerio and 626 West Cota Properties and for Final Accounting ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wrigh...

Excerpt: ...ie B. Dennis for Defendant J-M Manufacturing Company, Inc. Farah S. Nicol for Defendant Union Carbide Corporation Barry R. Schirm for Defendant Kelly-Moore Paint Company, Inc. TENTATIVE RULING: The motion of defendant Kelly-Moore Paint Company, Inc. to strike the portions of plaintiff's complaint for punitive damages is denied. BACKGROUND: This is an action for personal injuries resulting from exposure to asbestos. As alleged in the complaint, pl...

Excerpt: ...le of the State of California: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the District Attorney For Defendants Summerland Market, Inc., Elian Mtanous Hanna aka Louie Hanna: E. Patrick Morris TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for an award of discovery sanctions is granted in part and denied in part. The motion is granted to award monetary sanctions ...

Excerpt: ...ATTORNEYS: For Plaintiffs Nicholas Lewis, individually and as guardian ad litem for Philip Jaworski: Garry M. Tetalman, Lauren John Udden, 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: (1) The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., plaintiffs' second amend...

Excerpt: ...uling: The court sustains, in part, and overrules, in part, defendants City of Santa Barbara and Lori Luhnow's demurrer to plaintiffs' first amended complaint. The court sustains the demurrer to the first, fourth, and fifth causes of action without leave to amend. The court overrules the demurrer to the second and third causes of action. Background: Plaintiffs Committee for Social Justice (Committee), Linda Trevino, Bradley Beach, Patricia West, ...

Excerpt: ...er TENTATIVE RULING: Plaintiffs' application for order to show cause (OSC) re contempt is granted as set forth herein. BACKGROUND: Plaintiff David G. Bertrand (“Bertrand”) is the owner of multiple residential properties in Santa Barbara, California. Plaintiff Dorothy Churchill-Johnson (“Churchill-Johnson”) is Bertrand's business manager. For many years, defendant Jessica Berry (“Berry”) rented one of Bertrand's residences and occasion...

Excerpt: .../ Stephen Parnell of Law Offices of Adam Zolonz, APC, for plaintiffs Alexandro Filippini and Iaian Filippini Soheyl Tahsildoost of Theta Law Firm, LLP for defendant Tesla, Inc. TENTATIVE RULING: For the reasons set forth below, the demurrer to the FAC is overruled with respect to the first cause of action, and sustained, with leave to amend, with respect to the third and fourth causes of action. Plaintiffs may file an amended pleading on or befor...

Excerpt: ...a E. McCarthy for Plaintiff Judith M. Hall Jennifer L. Russell for Defendant Javier Jonathan Antunez Eve Korff for Defendant Esther Emiko Trejo-Takembaiyee Rory D. Leos for Defendant Talitha G. Blackwell TENTATIVE RULING: Plaintiff's motion to compel defendant Esther Emiko Trejo-Takembaiyee to provide further responses to Form Interrogatories, Set One, is granted as set forth herein. Defendant's further responses shall be provided on or before Ma...

Excerpt: ...e – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: Defendant's motion to strike portions of the complaint alleging consequential, or delay, damages is denied. BACKGROUND: This is an action for alleged negligence by a design professional. Plaintiff RTA Carneros Village – Phase II, LLC, is the owner of Building 100 and Building 200 of an apartment complex project located in Goleta, Californ...

Excerpt: ...ntative Ruling: The court grants, in substantial part, plaintiff Jonas Svensson's motion to compel production of documents and orders defendant iO73 Investments, Inc. to, on or before March 22, 2021, provide further responses to and produce documents responsive to demands for production, set one, ##38-43, 47-63, 68-71, 73, 78, 80, and 81, consistent with this ruling. The court is not granting the motion with respect to demands ##74, 75, and 83. T...

Excerpt: ...otion to strike allegations of FAC Hall motion for protective order and to modify or quash SDTs served by Trejo-Takembaiyee 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 Jennifer L. Russell / David H. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Ho...

Excerpt: ...tainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a numerous series of violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug Addendum to the lease. Plaintiff referred defendant to the Home ...

Excerpt: ... hearing or orally at the hearing. If defendant fails to do so or fails to sustain her burden of production to make a prima facie showing of the existence of a triable issue of material fact, the Court will grant plaintiff Steven J. Goggia's motion for summary judgment and enter judgment for plaintiff for possession of the premises located at 625 Parra Grande Lane in Santa Barbara, California. Background On January 6, 2021, plaintiff Steven J. Go...

Excerpt: ...Raney, LLP for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Defendants Randy Quaid and Evi Quaid are in pro per Regina Spurley for cross-defendants Aleksandr Volynskiy and Baltcor Corporation Jared M. Katz of Mullen & Henzell LLP for cross-defendants Robert Lamborn and James Krautmann Marc E. Rohatiner / Edward E. Weiman of Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP for cross-defendants Bruce Berman and Nancy Goliger Berman RULING Giv...

Excerpt: ...or Respondents and Defendants County of Santa Barbara and Santa Barbara County Board of Supervisors RULING Defendant County of Santa Barbara's demurrer to plaintiffs' first cause of action based on the statute of limitations is overruled. County's demurrer to plaintiffs' first, third, fourth, and fifth causes of action for writ of mandate, inverse condemnation, injunctive relief, and declaratory relief is sustained with leave to amend. County's d...

Excerpt: ...efendant Jeffrey McClendon, D.M.D. Catherine Hall for Defendant Michael Gunson, M.D., D.D.S. TENTATIVE RULING: The motion of defendant Jeffrey McClendon, D.M.D., to quash service of the summons and operative complaint and dismissing him from the case is granted for lack of personal jurisdiction BACKGROUND: This is an action for alleged professional negligence and lack of informed consent. Plaintiff is Janet Kayfetz, a resident of Santa Barbara, C...