Excerpt: ...ichment is overruled. Plaintiff's demurrer to defendant's third and tenth causes of action for negligence and equitable indemnity is sustained without leave to amend. Plaintiff shall file and serve her answer to defendant's first amended cross-complaint or before February 14, 2022. BACKGROUND: This is an action for partition by sale of real property. Plaintiff is Alison E. Chase. Defendants are Brian M. Metcalf and Pentagon Federal Credit Union. ...

Excerpt: ...f defendant Stargate Ranch, LLC to plaintiff's fourth, fifth, sixth, and seventh causes of action against Ranch for strict products liability – design defect, strict products liability – failure to warn, negligent failure to recall, and intentional failure to recall is sustained without leave to amend. Defendant's motion to strike the claims for punitive damages against Ranch is sustained without leave to amend. Should plaintiff later discove...

Excerpt: ...evidence. (Brehm Communities v. Superior Court (2001) 88 Cal.App.4th 730, 735.) Nevertheless, the moving party was required to file a declaration with the demurrer attesting to the fact that the meet and confer process was completed. (Code Civ. Proc., § 430.41, subd. (a)(3).) No such declaration was filed here. That is sufficient evidence that the meet and confer did not take place. Trial courts are not required to ignore defects in the statutor...

Excerpt: ...required for this hearing on the petition to release the recorded claim of mechanics lien of respondent Joel's Roofing and Rain Gutter Co., Inc. For the reasons set forth herein, unless respondent Joel's Roofing appears and presents evidence, the Court will grant the petition for the order releasing the lien. Background Petitioner Mark Cox requested that respondent Joel's Roofing and Rain Gutter Co., Inc. (Joel's Roofing) furnish labor and materi...

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: ...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: ...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: ...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: ...nce, totaling 462,473 Swedish Crowns. At some point in time, she is alleged to have stopped making payments on the loans. On December 24, 2020, the Kingdom of Sweden, on behalf of the Swedish Board of Student Finance, filed the current action, alleging causes of action for breach of contract and common count for money lent. The complaint alleges that Tornqvist repaid only 45,476 Swedish Crowns. As of October 29, 2020, Tornqvist owed the sum of 88...

Excerpt: ...,” in the principal amount of $237,673.42, inclusive of prejudgment interest. Plaintiff shall submit a judgment to be entered by the court consistent with this ruling. Background: On March 1, 2019, defendantSon Van Duong, an individual doing business under the fictitious business name “Golden Nails and Spa,” and plaintiff Levon Investments, LLC (Levon) entered into a written Shopping Center Lease (Lease) for the premises located at 904 Ranc...

Excerpt: ...ded complaint is granted in part and denied in part. The motion is granted, without leave to amend but without prejudice to later motions as set forth herein, to strike the prayers for punitive damages and for attorney fees (SAC, prayer, 2d cause of action, ¶¶ 4, 5) to the extent such prayers apply to defendant Hickerson. In all other respects, the motion is denied. (3) For the reasons set forth herein, the motion of defendant Derrick John Thom...

Excerpt: ...demurrer as to the first and second causes of action, with leave to amend. While the motion to strike was moot, the court nevertheless indicated in its ruling that it would have granted the motion to strike all references to punitive damages. Plaintiff, continuing in propria persona, filed a document entitled “Amendments to First and Second Causes of Action as to the Demurrer and Motion to Strike . . . .” She again advances a negligent and in...

Excerpt: ...round This is a subrogation action, which arose out of a motor vehicle accident between defendant Sotero and plaintiff's insured. According to the complaint, plaintiff paid it's insured the amount of $15,884.94 for collision damage. It filed its complaint in subrogation on September 1, 2020, seeking to recover that amount from defendant Sotero. Plaintiff was unable to locate defendant Sotero after extensive attempts, including hiring a private in...

Excerpt: ...t struggled with whether to allow her an opportunity to cure many of the defects identified [in the body of the order], particularly with regard to those causes of action in which the statute of limitations bar appeared from the face of the complaint, and also with regard to any claim predicated on adverse possession. After some consideration, however, the court, with one exception, will sustain the demurrer with leave to amend as to the first, s...

Excerpt: ... of defendant Youn g Brothers Construction Compan y to compel further respo n Production of Documents, Set One, is denied. Plaintiff is awarded monetar y sanction of $1 BACKGROUND This action arises out of a remodeling project. Plaintiff is KHP IV Santa Barbara, LLC. Defend a Company. On September 13, 2019, plaintiff, as owner, entered into a written contract with defe n work, labor, and materials in connection with the remodel of the Hyatt Mar M...

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: ...rk, et al., v. Golomb, et al., case No. 17CV00966 (the Negligence Action), filed on March 6, 2017. In the Negligence Action, plaintiffs Matthew and Erin Quirk allege that Matthew Quirk was walking on the sidewalk in front of Trader Joe's market when a Toyota vehicle operated by defendant Berl Golumb struck him, taking him crashing through the glass front doors to the interior of the market. (Negligence Action Complaint, ¶ 11.) The Quirks further...

Excerpt: ...lizabeth Orr was driving directly behind the Vaughn vehicle. The Orr vehicle allegedly impacted with the Vaughn vehicle which, in turn, impacted with plaintiff's vehicle. Plaintiff filed his complaint on July 28, 2020, naming as defendants the operators and owners of the adverse vehicles. The Vaughn defendants were dismissed, without prejudice, on November 9, 2020. In the aftermath of the accident, plaintiff has undergone surgeries to the lumbar ...

Excerpt: ...ce and breach of fiduciary duty. Plaintiffs are Tony Huang, G25 Ventures LLC, and ST Management LLC (together, “Plaintiffs”). Defendants are Peter Candy and the law firm of Hollister & Brace, APC (together, “Defendants”). In August 2017, following passage of the California Medical Marijuana Regulation and Safety Act (the “Act”), Plaintiffs started cultivating medical marijuana on real property they leased at 5892 Via Real, Carpinteria...

Excerpt: ...d: (1) failure to pay all overtime and double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitra...

Excerpt: ...rike portions of plaintiff's first amended complaint is denied. BACKGROUND: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) in Goleta, California, a 42-acre site that had been used as an oil pipeline terminal and petroleum processing facility. In 2015, the owner of the property was ordered to remediate all contamination at the site and retained defendants AECOM, Inc. and A...

Excerpt: ...ndants. Within the premises liability cause of action, plaintiff alleged: "Defendants and DOES 1 TO 50 owned and/or controlled certain real property located at 5088 Rhoads Ave., Santa Barbara, CA. Defendants owed Plaintiff a duty to maintain their property in a safe condition, and to abate the same and/or warn the public. Defendants breached said duties by maintaining their walkway in an unsafe condition, posing a significant trip hazard. Plainti...

Excerpt: ... Defendant takes issue with supplemental responses to Form Interrogatories Series 8, but those are not expressly set out in the Notice of Motion or the Separate Statement as being subject to this motion. There is also reference to a “Supplemental RPD” but that too is not clearly framed by the Notice or the Separate Statement. The basic purpose of discovery is to take the “game” element out of trial preparation by enabling parties to obtai...

Excerpt: ...unt y shall recover costs Background Prior to the trial of this action, defendant served plaintiff with a Code of Civil Procedure sectio n amount of $600,000. Plaintiff subsequently served defendant with a Section 998 settlement offe r County prevailed at trial, and subsequently filed and served its Memorandum of Costs, seeking r costs, including $1,423.99 in jury fees (Item 2), $19,707.70 in deposition costs (Item 4), $62,23 2 8), $2,605.50 in c...

Excerpt: ...elow, the Court will deny the motion to strike at this time. Background In September, 2021, this Court denied plaintiff's motion for class certification, related to her cla i Company, had violated Labor Code sections 201-203 in issuing she and members of the putativ e which could—but would not necessarily—cause the user to incur fees, without obtaining their w its understanding of the facts, arguments, evidence, or its analysis of the certifi...

Excerpt: ...natively for Summary Adjudication RULING For the reasons set forth herein, the motion of plaintiff MSLTD, LLC, for summary judgment or alternatively for summary adjudication is denied. Background On January 18, 2019, plaintiffs MSLTD, LLC (MSLTD), Lee McPherson, and CanJV, LLC, and defendant Fiore Management, LLC (Fiore) entered into a written Settlement Agreement and Release (Settlement Agreement). (Defendant's Response Separate Statement [DSS],...

Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue GWD's request to file a FAC Ruling The request to file the FAC is GRANTED. File the FAC forthwith. Analysis GWD has moved for leave to file a FAC. GWD represents that they are seeking to amend the complaint to conform to the proof they provided at the first Phase I trial, in which ...

Excerpt: ... Class Action Settlement RULING Plaintiff's motion for final approval of class action settlement is granted as set forth herein. BACKGROUND This is a class action wage and hour lawsuit. By this motion, plaintiff David Andrade, on behalf of himself and all similarly situated current and former employees, seeks final approval of the proposed settlement with defendant General Dynamics Mission Systems, Inc., a company that designs and manufactures co...

Excerpt: ...ing a skull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in...

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: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...

Excerpt: ...intiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...

Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...

Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...

Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...

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: ...�ce.com;todd@stevensonlawofÞce.com; rob HEARING Motion of Defendant for Judgment on the Pleadings RULING For the reasons set forth herein, the motion of defendant Joi K. Stephens, Trustee of Trus t of the Stevens Famil y Trust U/D/T dated November 13, 1987, for jud gment on the pleadin g part and denied in part. The motion is granted, with leave to amend, as to the fifth cause o motion is in all other respects denied. Plaintiff Christopher S. Vi...

Excerpt: ...easons set forth herein, the demurrer of defendant Radius Group Commercial Real Estate, Inc., to the second amended complaint is overruled. Defendant Radius Group shall file and serve its answer to the second amended complaint on or before January 12, 2022. Background Dante Armento – only - was dismissed - without prejudice – on 12/21/21. “This action involves the commission earned by Plaintiffs, as a result of their being the real estate a...

Excerpt: ...ing causes of action: (1) defamation; (2) invasion of privacy; and (3) infliction of emotional distress. Defendants now seek an order striking the complaint under the anti-SLAPP statute on the grounds that the complaint arises from protected activity and that plaintiff cannot demonstrate a probability of prevailing on the merits. No opposition was filed. “A cause of action against a person arising from any act of that person in furtherance of t...

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: ... The accident involved a vehicle driven by plaintiff Jamie Stewart (“Stewart”), who was in the course and scope of her employment and was insured for worker's compensation by plaintiff Sedgwick Claims Management Services (“Sedgwick”), and a vehicle driven by defendant Julijs Alfreds Zemjanis (“Zemjanis”), which was owned by defendant Factory Appliance, Inc. (“Factory Appliance”). Stewart alleges that Zemjanis was driving at an exc...

Excerpt: ...strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Goleta, which was held in a revocable living trust he had with his...

Excerpt: ...owner of real property located at 5171 San Vicente, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 2a(3), 3, 4.) Defendant Yolanda Frink is a tenant at the Premises pursuant to a written agreement (the Agreement) with decedent Leroy W. Noyes, Sr. (Complaint, ¶ 6 & exhibit 1.) Plaintiff alleges that the Agreement is the product of fraud or undue influence based upon the conclusive presumption of Probate Code section 21380. (Complaint, attachme...

Excerpt: ...man.com; [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the demurrer of cross-defendants Nitsa Citrine Christensen-Pomerleau and The Crystal Vision, LLC to the first amended cross- complaint of cross-complainants Sun Potion, LLC, and Scott Linde is overruled as to the first cause of action (breach of contract) and is sustained, with leave to amend, as to the second cause of action (misappropriat...

Excerpt: ...c. Emails: [email protected]; charanjit@weinberg- gonser.com; [email protected]; [email protected]; [email protected]; t MATTER Motion for Leave to File First Amended Direct Complaint; Motion for Leave to File First Ame n RULING The motions of plaintiff ECO Property Group, LLC for leave to file First Amended Direc t 2022 to August 30, 2022. Defendant ReProp Investments, Inc. ma y refile its summar y jud g BACKGROUND This acti...

Excerpt: ...ring her employment, she was continually subjected to harassment including unconsented physical touching while working for Defendants in the form of supervisor Javier Bravo's sexual harassment and stalking because of sex and offering money or favor in exchange for sex. Plaintiff's time records reflect that the last day she clocked in for a shift at the Fresh Venture Foods facility was Saturday, September 3, 2016. Plaintiff's complaint contains on...

Excerpt: ...btor RULING For the reasons set forth herein, the motion of plaintiff and judgment creditor MUFG Union Bank N.A. for assignment orders and for a restraining order is denied without prejudice to the filing of a subsequent noticed motion with appropriate supporting evidence. Background On April 16, 2019, plaintiff MUFG Union Bank N.A. filed its complaint in this action for breach of contract—business line of credit agreement, money lent, and acco...

Excerpt: ...; [email protected]; [email protected]; soliver@t ys HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoenas RULING As set forth herein, the motion of defendant Justin Sell to quash deposition subpoenas is gr is granted to quash the subpoena to San Marcos Hi gh School in its entiret y. The motion is Hi gh School and Buena Hi gh School in the followin g particulars onl y: (1) documents to be other personnel records which reflect c...

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: ...r a lawsuit in this court captioned Postcard Properties, LLC v. Somera Capital Management, LLC, et al., Case No. 17CV04361 (the “underlying lawsuit”). In the underlying lawsuit, Postcard Properties, LLC (“Postcard”) alleges causes of action for (1) breach of written contract, (2) common counts, (3) breach of oral contract, (4) fraud, and (5) declaratory relief. Postcard alleges that Somera and its president, David A. Brown breached variou...

Excerpt: ...ia, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was served, together with the ...

Excerpt: ...e Estate of Melody Ramsay, the owner of the Premises. Defendants are Christopher Shemet, Timothy Giles, Olivia Wilhelmson, Enrique Alcantar, and Alfonso Alcantar. For nearly twenty years, Melody Ramsay and Shemet resided at the Premises, though they were never married and were not registered domestic partners. In recent years, Melody Ramsay rented out three bedrooms in the Premises, the first bedroom to defendants Olivia Wilhelmson and Alfonso Al...

Excerpt: ... medical malpractice case was Þled in 7/2020. On 8/31/21 the Court ruled that: Expert witness designation date will be August 20, 2021, and the supplemental date will be September 5, 2021; the trial date and MSC date were set; there have been no motions to compel since that time; the Court's assistance has not been invited to resolve any issues. The Court expects the case to go to a MSC on the date set [10/1/21] and the trial on the date set [11...

Excerpt: ...g to Allegation II, namely, paragraph 2 (under “Allegation II”) on page 6, all of pages 17 and 18, paragraph 2 (under “Allegation II Response”) on page 185, and paragraph 2 (under “Allegation II”) on page 194. (All page references are to the pdf page number of records lodged by respondents provisionally under seal as documents to be disclosed in response to the California Public Records Act request.) In all other respects the petition...

Excerpt: ...red into a loan agreement with WebBank, Inc., a chartered FDIC insured bank, in the principal amount of $20,025.00. The loan was evidenced by a promissory note signed by defendant. After the loan was funded, defendant defaulted under the terms of the promissory note. Defendant failed to cure the default and left a balance due and owing on the promissory note in the principal sum of $19,997.87, plus interest. WebBank, Inc. subsequently sold and as...

Excerpt: ...e, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. (2) For the reasons set forth herei...

Excerpt: ...ee named defendants, shall arbitrate plaintiffs' claims about (1) specific promises allegedly made by defendants to repair specific things (pre- and post-sale); (2) defendants' alleged failure to affirmatively disclose known defects prior to the close of escrow; and (3) defendants' alleged failure to assign applicable warranties to plaintiffs (pre-and post-sale). The construction defect claims are not subject to arbitration and shall be stayed he...

Excerpt: ...e Kidon to Confirm Arbitration Award (3) Motion of Woody Boyce Builders for Award of Attorney Fees (4) Motion of Mark Kidon and Darlene Kidon for Award of Attorney Fees RULING As set forth herein, the Court requires further information from the parties regarding the authority of the Court to award attorney fees or costs arising from the arbitration. All motions will be continued to December 21, 2021, at 10:00 a.m. Each part y ma y file and serve ...

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: ...kground: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law proceeding. (See Third Amended Complaint [TAC], ¶ 11.) Hennard was a patient at defendant Asian Pacific Health Care Venture, Inc. (APHCV). (See TAC, ¶¶ 8-9.) Cook made a personal visit to the Los Feliz office of APHCV. (TAC, ¶ 8.) During that visit, an APHCV employee allowed Cook to use the employee's computer with acc...

Excerpt: ...endant Tidwell Excavation Acquisition Company, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Tidwell Excavation Acquisition Company, Inc. is denied. BACKGROUND: This is an action for personal injuries and wrongful death. Plaintiff is Cortland T. Day, the surviving spouse of the decedent, Jana Whelan (“Whelan”). Whelan was 64 years of age at the time of her death. Plaintiff brings this action, both individually and as the...

Excerpt: ...led for May 6, 2022, at 10:00 a.m., in Dept. 4 of this court, or on such other date as the Court may set at the hearing on this motion. On July 31, 2018, plaintiff submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), asserting claims against defendant Advanced Vision Science, Inc. (AVS). On October 30, 2018, plaintiff filed her class and representative action complaint against AVS, alleg...

Excerpt: ...dant Deckers Outdoor Corporation David G. Hagopian / Garrett V. Jensen / Robyn E. Frick of CDF Labor Law LLP for defendant Real Time Staffing Services, LLC TENTATIVE RULING: The motion is granted. On May 6, 2020, plaintiffs submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), which it served on defendants. On June 1, 2020, plaintiffs filed a class action and PAGA claims complaint against...

Excerpt: ...na and Travis Edward Hoyt (both cases): Brian S. Dewey, Bretoi, Lutz & Stele TENTATIVE RULING: Counsel for defendants James Lee Hanna and Travis Edward Hoyt, the moving parties herein, is ordered to appear at the hearing of this motion. As set forth herein, the court will grant the motion to consolidate these actions for all purposes at the hearing of this motion if, but only if, counsel for defendants represents to the court on the record (1) th...

Excerpt: ...rs) preliminarily approved a conditional use permit following a design-review inquiry; the former also (ultimately) granted final approval. Petitioners contend that respondents erred as a matter of law in considering any technical limitations attendant to wind turbine generators when they made the nine-factor design review inquiry contemplated by the appropriate regulatory provision. The court is not persuaded by petitioners' argument. Courts mus...

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 ...

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: ...ts Reicker, Pfau, Pyle & McRoy LLP and Diana Jessup Lee to plaintiff's complaint is sustained. The demurrer of defendant Rachel M. Tobler to plaintiff's complaint is sustained. Plaintiff did not oppose either demurrer or make any offer of proof as to what he would allege to state a viable cause of action against defendants and therefore the demurrers will be sustained without leave to amend. BACKGROUND: This action concerns the handling of an est...

Excerpt: ...ez, Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez: Self-represented TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows that a triable issue of material fact exists, the court will grant Bank's motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in su...

Excerpt: ... admitted, it is denied. To the extent the motion seeks to compel responses to discovery without objections, it is granted. Defendant is ordered to provide responses, without objections, to requests for admissions, special interrogatories, form interrogatories, and the demand for production, on or before December 3. Should defendant file a motion for relief from waiver of objections on or before December 3, the court-ordered response date will be...

Excerpt: ...ction. Plaintiff is Lilian Sohrabian. Defendants are Shenzen MXJO Technology Company, Ltd. (“MXJO”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale lithium ion batteries for use in electronic cigarette vaping devices, Sysmax Industry Company, Ltd. (“Sysmax”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale chargers for lithium ion batterie...

Excerpt: ...enant of and right to quiet enjoyment and possession of property; (3) nuisance; (4) negligence; and (5) violation of Civil Code section 1942.4. The complaint identifies a sixth cause of action in the caption (violation of Civil Code section 1942.5), but includes no supporting allegations in the body of the complaint.[1] On June 15, 2021, defendants filed a motion for summary adjudication of the 2 nd cause of action for breach of covenant to quiet...

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: ... (robotics physician assistant), which she voluntarily left in late 2020. Before the Court this day is a single motion by plaintiff to compel further discovery responses as follows:  SRog Nos. 7-12, 13-14, 16-18, 24, 27, 37-38, 57, 60-68, and 73;  FRog (Empl) Nos. 201.1, 201.2, 201.5, 201.6, and 207.2;  FRog (Gen) Nos. 15.1 and 17.1;  RPD Nos. 4, 8, 9-15, 19, 22-26, 28-30, 34-35, 37-39; and  RFA No. 10 Although these should have be...

Excerpt: ...onference, on or before November 16, 2021, as to each issue raised in defendants' demurrer and motion. A revised opposition, or alternatively, an amended complaint, may be filed on or before November 29, 2021; a revised reply may be filed on or before December 3, 2021. Background: On August 31, 2021, De La Torre filed her complaint asserting five causes of action: (1) age discrimination; (2) sex discrimination; (3) failure to prevent discriminati...

Excerpt: ...ties have selected an arbitrator and a date for arbitration. If that has not been done, this Court will select the arbitrator and a date for the arbitration. Status reports due one week in advance. Analysis This a private fee dispute between law firm and client regarding services rendered by law firm to client in a number of “Filippini” lawsuits currently underway in this courthouse. This is purely a dispute over fees. Background Facts The sa...

Excerpt: ...o Settlement Agreement RULING For the reasons set forth herein, the motion of plaintiff State Farm Mutual Automobile Insurance Company to vacate the dismissal and enter judgment pursuant to the settlement stipulation is continued to December 7, 2021, at 10:00 a.m. Counsel for plaintiff shall serve notice on counsel of record for defendant and also on the defendant personally on or before November 9, 2021, and shall file proof of such service on o...

Excerpt: ...sanctions, is continued to November 30, 2021, at 10:00 a.m. Counsel are ordered to meet and confer in person or by telephone/ video conference on or before November 12, 2021, which meet and confer is to be initiated by counsel for defendant Canopy Club, to discuss the disposition of this motion. On or before November 16, 2021, (1) the parties are to file a stipulation, including a proposed order, to the extent agreeable, resolving all or part of ...

Excerpt: ...is is an action for damages resulting from a motor vehicle collision. Plaintiff is Rick J. Candito. Defendants are Teresa Melgoza (“Melgoza”) and John Lubbers (“Lubbers”). On August 16, 2017, plaintiff was driving near the intersection of Mission Street and Castillo Street in Santa Barbara when his vehicle was struck by a vehicle driven by Melgoza and owned by her son-in-law, Lubbers, resulting in injuries and damages to plaintiff. At the...

Excerpt: ...to control, short-tempered, and unsuitable for public events), with knowledge of the dangerousness. Plaintiff was unaware of the traits of the horse when she was instructed to mount; she was never allowed to “adjust the saddle or stirrups herself,” and as the guided trail ride began, plaintiff noticed the “horse was tripping over his own feet, failing to adhere to the commands by Plaintiff and otherwise acting in an ‘irritable' manner.”...

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: ..., plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant Ribco, Inc., dba Woody's BBQ (Ribco). The summons issued by the court with the filing of the complaint, however, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was s...

Excerpt: ...Michael Johnson, as Trustee of the Michael and Christina Johnson Family Trust (“Johnson”). Defendants are Skylar L. Gauss, individually and as Trustee of the La Cumbre Ranch Living Trust dated January 31, 2001, and Aaron Valdis Gauss (together, the “Gauss Defendants” or “defendants”). At the time of the events in this case, Saticoy owned and later deeded to Johnson certain real property identified by the Assessor for Santa Barbara Cou...

Excerpt: ...that on July 26, 2017, Watson, while performing work for Wolfe, trespassed onto plaintiff's property located at 264 Salisbury Drive in Goleta and tore down portions of plaintiff's fence. Plaintiff further alleges that Watson assaulted and battered him with his fists, knocking plaintiff to the ground and rendering him unconscious. On July 26, 2019, plaintiff filed his complaint for trespass, assault and battery, and negligence. Watson and Wolfe ha...

Excerpt: ...District (a) is sustained without leave to amend as to the first cause of action (reverse validation), (b) is sustained with leave to amend as to the Santa Barbara County Board of Supervisors, in their capacity as the Board of Supervisors, only, as to the second (writ of mandate), third (breach of contract), fourth (breach of implied covenant), and fifth (declaratory relief) causes of action, (c) is sustained with leave to amend as to the Board o...

Excerpt: ...ted; Responses to be served no later than November 23, 2021; sanctions of $1,000 payable by November 23, 2021. Analysis This lawsuit was filed in 8/2020; Plaintiff alleges in the complaint that the case involves an automobile vs. pedestrian-negligence incident causing injury. Past medical expenses in excess of $25,000 for plaintiff Elisa Salvador including future medical treatment. Lost wages and loss of earning capacity are unknown. The parties ...

Excerpt: ...r Summary Judgment 2. CMC. CMCSs filed -- none. The Court set this date for a CMC when it set the trial date for 12/7/21. On 9/22/21 the MSC date and the Trial dates were continued based upon the stipulation filed, but this CMC date was not continued. The new trial date is 3/29/2022. Both matters will be called on the 10 am Law and Motion Calendar; no appearance necessary for the 8:30 CMC Calendar. RULINGS 1. For the reasons set forth herein, the...

Excerpt: ...not to exceed 10 pages – from both sides shall be submitted on or before Novem b no submissions respondin g to the other's side's supplemental brief, unless a material fact h that contention is made, such a brief on that issue alone will be filed by 11/22/21. Analysis This action arises out of alleged deficiencies in the construction of a custom residence in Santa B Court this day is a motion by plaintiffs to compel arbitration of the dispute, ...

Excerpt: ...“of her legal right to execute her duty as [the] attorney-in-fact in the “Advance Health Care Directive” executed by Wayne Hoyt on May 1, 2018, attached as Exhibit 2 to the operative pleading. Plaintiff recounts that she was Mr. Hoyt's fiancée and was residing with him when on June 1, 2018, Mr. Hoyt's daughter, Debra Hoyt, admitted Mr. Hoyt to Marian Medical Center. Plaintiff and Debra Hoyt had a highly contentious relationship, culminatin...

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...